Chicago Daily Tribune Newspaper, January 25, 1873, Page 2

i THE CHICAGO DAILY TRIBUNE: SATURDAY, JANUARY 25, 1873. WASHINGTON. Intervisw with Henry 8. te . Tells - Diore- than the Credit; Mobilier Committee Fonnd dis Opinion of His Compeers-—- Curious Inside Revelations. native of Pittaficld, Massachneotts, and he prac- +{-tised medicine; for soveral years; but, being of a rather restless and muatorizl nature, ho went into ruilroading, and took o largo contract on | ihe Mississippi & Missouri' Railroad, which, L . believe, is. an extension westward of thie Roek Islaud Road. He came to me to buy car-wheols, and I liked him, as I have continued to do ever since, and furnished him materials whica I man- *What is his character ? I mean {hat I would like you to give me an idea of his way of doing ‘business.” “Well, beis - A'GREAT DRIVING POWER, a magnetic fellow. When he wanis something done, b6 will bring_eround him the onginoers, -&v,, and give everybody cnongh latitude to feel that he bas 2 suflicient interest; he can burry on tho work beyond snybody I kmow. His orrorsarocxpensivenoss,opon-handednees,andhe is rostless, and comotimes erratic. Ho will ot work continuoasly, but gnts tired- aftor a time, and goes off and comes back fo tho thing. His. professional education feems to show his busi- * hold their stock, &e. I will tell you an incident. From Our Gien Correspondent. WASEINGTON, Jan. 21, 1873, The following intorview has been in my posses- sion f6r soveral days, but I was forbidden to print it until the Credit Alobilier Committeo ‘chould have gotten woll through their work. : I do 80 now of my own responsibility. BCESE. Tho sceno is & room on the fhird floor of Wil- lard's Hotel. Time, 9 o'clock p.m. Presents “ Gath,” sppatently not hearing snything, and Colonel 3Comb, unususlly communicstive, for the first time. TBrooks, or he will go' under. Dess hapits. But nobody who koows the men svould think Alley, and that party. The lattor I regard, speeking in a businees way, as of comparing Durant with Ames, ® BHYBTEDS.” “Do you think thet Durant told the wholo truth about James Brooks ¢ ” #No, Darant had; intended, in my_judgment, whon b cime here, to expose thoso fellows. He has copies of receipts, letters, and ell sorts of apers, voluminoutly, sud they are afraidof him. For s0me time, he and they did not speak. .- Ilo came to me just after ho arrivel hore, and snid: “Look hers, M'Comb, I will bave $0 lst up-on o looks Jike a “YWhat kind of a man {8 corpse nam‘““w i snae, 2 e ih your judgment, mede any_vindication, . to Cclonel 3 Comb ¥ ¥ speak of, of Lis course, since the examination +Well, you Leard Bushnell tostify to-day about bogan.” % \Why, no, . I have known oll tho time that ‘members of Congress not having moral pluck to Bushnell gave his check for $20,000 for 200 phares of Credit Mobilier. o2, ot ey rate, no funds, in the bank on which 10 chock was given; and, it being ascertsined that such was tho case, his éheck romained for 50 years unpaid in the tresaury of the Com- peuy. Ttis my impression that the sheck stands theroyet. MMr. Bushuell collected all the divi- .8 on the etock, 28 if he had paid for it, and ot his stock and bonds in the Union Pacific. The reason is, ihat he is looked upon 2s 8 Zzngerous tool of Ames, Alley, and Dillon, and thiey were afraid to get him out of tho rosd. Alore than this, the books show that he has mado away with over 840,000 of their first morigago bonds and-never accounted for them, berides £112,000 worth of certificates for Gov- croment bonds. This latfer was debitéd to Bushnell, and, by some kind of gueer book- keeping, they are charged to Shaw, & broker in New York.- Mr.- Busknell hss failed once or t atleast; I would not tako his mote for 660.” T look upon Lim s & blower, and, when Darent promised Brooks his stock after ho bo- came Government Dirootor. Dur stoldn “Ho had 0o aconst; goflen. TLook at tho provarications ns to dates date hibited 8 ‘according to Lis statement. Tho certificato of the stock is dated Feb. 29. Neilson “ thought he got” the money to buy the stock with from_ Dillon, - wkom Brooks had just introduced to him. ‘Ho esye he paid for those 50 sharcs of Credit Mobilier March 3, 1863, and got no re- ceipt. Now, when Ham testified,—end ho was Tacked up by the cash-book,—we find out that, those 50 shares were not paid for until March 11,1863, _The inference is, that, with such a di- versity of dates, tho whole thing had the frailty of o nied, bofore Gt h dono anything whatever or got enything in returs, now atlempts to-mreke it appear that ho hadrenderod valuableservico to the Com- peny beforo ho camo into Congross. ngain falls back upon the foct that the services were rendered after hohad got into ,Cony “and Durant’s testimony is cloar that ha dit work citlier his Oongressional period. The ne- tual condition of things as they concern r. Brooks will be fonnd thius ; in 1862, and was ninended in 1867, Durant hastold mo ‘himself. Tho which he ex- 8 or 28, Brooks' acoount of of tho in Congross receipt was _Teb. otten-up cuso.. DBrooks, having do- and Congress, thot Le had; He now s, s Our charter passed In 183,024 iac gavo his ovidenco ia that. ehowy manner to- | 1g54 Frooks opposed everything wo .wanted. day, instructing mankind upon points of hornor, | It was not until 1866, when ho been * secn,” 1 £t s sonse of pity for the Committoo that | thatho favored overy moriel thing that wo taoy could not bring such z shallow witness .58 this down to the dots.” : “Yon heard the testimony, Coloncl A'Comb, of r. Durant, whore ho seys that JANES HABLAY, 2 of Tows, got two checks, of $5,000 apieco,” while he wes Secretary of the Interior, to elect hima United States Scoator. Is that all the money he receivod?” . s ? T cannot espenk about that. You will find upon inquiry thstho got ss much as $80,000% Dot Durent is & generous, impulsive fellow, and Lie letup. Youbave seen that Mr. Herlan, .in Lis newspaper, Las been saying for soveral days ihat the Credit Mobilier investigation will pro- duce no hea!thy effect, ought to be stopped, is njuring the Republizan party, ete. The Com- nm.t"ea foiled to get all the points on Mr. Har- .with ‘wanted.” s “ How much kas Mr.” Brooks got out, of th Tnion Pacific Railroad altogether? " #Not less - than $300,000, directly and indi- eotly.” “\Whatdo you mean by indirectly " “Well, he 2ud Bushnell wore appointed to sell the .telegraph _lino beloaging 1o the railroad. Thoy did & it for £2,000,000 of stock in_the said Company. . On thi Alr. Brooks mado s largo 3 amount for conducting the negotiation, aud that. is one of the things which I include in his in- dizect returns. 5 Brooks got into tho .Union - Pacific throngh Durant, who wanfed him os & member of Congross and Govarnment Dircctor. Eerfiullnd along a8 n subordinato with Durant antil the latter was called to Eusope, and he wea absent only fifty-sevon days. Brooks wanted, ith the rest, to sell Durant out, and entered into the ring with Ames, Alley, and Dillon, abont the time the fifty shares were sssigned £0 Neil- an. . éColonel 1T Comb, can vou givemo say iden | son, his souinvlaw. Durant was put out by the of those who put any cash in the Union Pacific | Boston ‘party, but they retained Brook, end Tailroad in tho first place " * | then he becimo e Stock Diractor. It will bo “iYes, gir; the ' | worth your while to 1ake an inquiry—or to find - - . LABGEST SUM OF MONEY - out by those books, which yom 0 o5 givén by Thomas C. Durant, in quantity | freo to comsult, I supposo—vhothor N 60. The next sum wss contributed Ly | son did_ not transfer 300 shares of Oliver Ames, $250,000. Two persons gave $150,- { Union Pacific stock fo Brooks to 090 each, namely : Jobn Duff and Oskes Ames. ‘The sum of $100,000 was coutributed by.each of 1ho following parties : C. H. McCormick, Benja- Jain E. Bates, Josish Bardwell, Bushnell and Tenry 5. MComb. _Ar. Hooper, of Boston, put in §50,000; Mr. Grimes, $25,000; Mr. Alley,’ £95,000; and Mr. James Brooks, $10,000.” ' What did your $100,000 turn out " By going into the Construction Compsuy, and giving my time for ‘several yea:s, as well 23 10y, £100,000, to tho work, I came out sevaral handred per cent ahead.” ‘According to your statoment, OLIVER AMES put down his money very liberally. for, Union Pacific stock ; do you consider him 8 better man than Oskes Amos 2" e “ Much tetter, sir. I think his_counterianco shows that,. He has some eensibility and per- sonal character, in which, in my judgment, Oxkes Ames in ontirely lacking.” I would iike to ask you = guestion, Colonel W Comb.” ; + Go on, air.” : _# Asa man from tho 3liddle States, have you found the New England men with whom you - have actcd in the Union Pecific Bailroad Jacking inseasibility and the finer sense of honor as com- {)s.\'efl with persons of your latitude or with Western mzn ? ™ - 4 1 EENSIBILITY. Y will not answer that question to the proju- dice of alarge_section of tho country, becanso my Inck was undoubtedly thrown with'indiffer- ont New Englanders. They were persons. in- different to the_ ordinary feelings of grown-up <men, careless about reputation, ready fo take ike peony st the loss of self-respect. Let me ezplain myself, 2Ir. Thomas C. Durant, on one cczasion, apat in the faco of John B. Alley, and proposed to pull his ears. aftorwards, in one of Durant's fine, ‘impulsivo, megnanimous fits, ho said to_some porsond sround bim: ‘I am gnini o take you all out in my vyacht; wounld it be ridicnlons tn invite Alley to_go along? Me did invite Alley, and that man coolly rubbed off the insult, £rd went ont with the man who had just spat on h-2. Oakes Ames himself has just as littlo sensibility. . If they put up a monument, as thoy o threatened, to Oakos Ames, and the boys it on it with impunity the porson it ropresents vould have been just a8 insensible.” - *Colonel M'Comb, you are acquainted to some degreo With the relative management of the - CENTRAL PACTFIC - ¥ “ sind Union Pacific Railroad; do'you mind giving 76 your ides zs to which of thosé corporations has’been managed with the most ability ‘apd; charzcter 77 - - ¥ “The Centrsl Pacific, mnquestionahly. - its, projectors attended to their business, como per- sonally to Washington when- thoy wished any- thing done, and gave their whole conscience 0 _the work. They were $00 congenial or too Taan- 1y {o differ on such points as divided the Union Pacific management, and you can see the -diffor- ence in-tho figurcs, The Contral Pacific stock | i3 at par, and its bonds are above par. The Union Pacific has_seen ita stock down as low &8 9, and at no time shove 81, while its bonds stand stonly 85" ; TS #Do you fhink that tlic Tnion Pacifie can ever be made to occupy as_creditable s rank finan- Jisliz es tho Central Pacific?” # Kot under the Ames’ control.” 4 Please explain.”- ol w “T mean -that tho- policy and tho personai cuaracter of Onkes Ames and John B, Alley will never give their road the responsibility which a fair, direct, and sincere business management conld obtain. Their snswers' in this: examina~ tion will_eufficiently “show their - duplicity, and- 24x.'Ames has said, during tho courso of if, that his recurities ere fumbling on his- hands merely because be is being found out.” - =% “ Do'you think that : - DURANT * 5 weald have dono suy better had he rotained con- tral of the Union Pacific 2" i “Ido. Had he boen permitted to - sqitander aven 25,000,000, and been left to buld the road; | wa ghonid isve’ made abont 813,000,000 moro thian by turning him ont, and onr sfock would row be at par.. He is an oxpensive man, bt hi vigor and sagacity would have - pushed 'on ‘the vork more rapidly than those fellows did it, and’ his dosh wonld have attracted capital and sdmir- stion. He built the first 300 miles,—which was Lalf the journey,—and those fellows took ad- vantage of him when he was out of {he country, nud see whers they have put the rosd! -Had Durant remained at the head, no -incoms_bonds would bave been issued, and' there would mot Liavo been the amonnt Gf stock ont Which has® R tone) S Gormb, v *¢ Colonel M'Gamb, who had ths m‘amsl ml b bad tho most stock in g ink, had 15,000 shares; Oliver 3“5‘071" 15,000; and Oxkes Ames, botween 7,000 nnd “Vhat is the origin of Durant, an@l ho ‘have you known !m%u’l t' ks lms #I have kuown him soventoen years, Heisa An hour ‘or two |1ias to think of such enablg him to become & Stock Director ; and then- find oiit whether Brooks did not get these shares’ from his son-in-1as, Noilson, who, in Teturn, bad. received them as o part of bis dividends of tho Credi Mobilier, which Neilson had préviogsly- got through ‘Brooks’ agency. It is ‘my bslief that thie whole thing runs in a circle; that Brooks got the Credli Mobilior stock and then uied the Union Pacific stock, which was divided smong the Mobiliér people, to Lave Limself made a prominent-8tock Director.” B s LEEFT QUT. = «Didit doyou any iijury, or give you any Qistress of mind, whan you wora lef oul of tho™ Borrd of Directors by the Bostom party " . None whatever. - ily business was ‘such that 1 could not attend a meoting of the stockholders cr the Directors in Boston City, which wvas too far from myabode. I went into the Union Pecific in 1664, and went'out in 1869. * The Bos~ ton coterie wanted ‘amoro congenial lot with {hemselves. They wanted to mako a closo geo~ E—mfim corporation. They left out mFall, urant, C’sco, Tracy, Ebenezer Cook, of Iows,. Josiah Berdwell, and Benjamin E. Bates.” s “Colonel AT'Comb, I would like to ask yous question as & stoblo bueiness man: ; - - DO YOU JUBITFY’ . s member of Congress, elected by 2 miecolla- neous constituency, in attaching himsclf tos emall circlo of railtond people, and using his place mainly to abot their designs?” : “ T am'not called upon to answer that’ ques- tion, but T will do it. I do no ‘thitk it-Lonor- able for a member of Congrees or Senator to do underhanded work so that Oakes Amos can write such a serios of latters as I heye shown, speak- ing contemptuously of abler and moro -honored gentlemon. The tono of Mr, Amee shows suflic cioutly what the most insensillo Dusiness citizon Congressmen. And tis tone.of their denials is sufficient. 1o show that ihe Congressmen themeelyea didnot wish to hold such positions before thoir voters. Mr, Drooks plunged into an. apostropho to o Dniiy,nfigfl placo the'mere ineinuation that he had used his to work out railroad jobs.”; = “tThe namedf ~ - L% Ha _ .-.. .- SENATOR GRIMES £ appears in_fhe list of pereons who roceived Credit Mobilier.stock to get tho dividends. Do you hold Grimes to'be as reprehensible as tho Tept " g 3 “Dyno menns. . 3r. Grimen puf 825,000 intd the Union Pezific Dailrond as a capitalist, in the first place. . I think, if you examino the record, ‘yowwll find that lio never votod'for any legisla- Yion wowanted in Congress. He never took an’ ‘active part in any way with tlio’ Credit Mabilier, ond noverattendad & meeting. Whea Lo een orders for dividends, o .aid 80 right openly, writing tho order and” slgning his own name- Thero was nope"of that oinbling and encaking about him yhich hes mesked. omo others.” Ho »wntsnlwayu above board, and’ I admiro his char- i o 2 “ Colonel M'Comb; - ; . % ' WHAT WERE THE DIVIDEND! upon Credit Mobilier stock 2" * + “The dividends wero 1,100 per cent prior to 1869 You may calcnlate them at 1,000 in'order to mako such oral computations s you wish.” “Then AMr. Bingham's_$2,000 investment would have yiclded 20,0007 " o *‘Yes; tho stock itself was worth par when o parted with it, according to Ames. 'Then ho “had €650 worth of stock in the Iown Falls & Sioux City : Contracking ~ Com~ pauy, which paid, 500 per cont, 93,940, “Nr, Bingham was, {horefors, entitle £0823,250 s dividends on £2,650. - For this; £s e swears, Ames gevo him §6,500.” 3 *W¥hat do you think of ., 2 - ILEXIY WILSON'S EXPLANATION, ‘Colonel A'Comb?™ - . S “Yoll, 05 o business man, I do mot altogather like some of the phrases that Wilson used about goingintohis cloget face to face with his Heav- enly Father and accounting for his speculations, ‘Ho siays that he gos his stock in. Januars, 1809, and parted ‘with“it.in November, 1863. It was betweon thése’ two dates’ that above 400 por cont dividends 'wero declsied ¢ so A, Wilsori . could . not have been 80 badly - oft a8 he sayz. . I don't quite understend, as a° maar- ried ‘man, this; making up to one's wife some- thing that gho ‘had lost by an investment, and being 9800 oat of pocket. . It inny be reazonatlo enough, but it is novel tome.”, “ What do'you think of tho AP T . . SILYER-MINE SFLCULATION - of Bingham snd Wilson 2" - ° i 7 % Well, Wilson says he lost £1.000in his ‘silver ‘mine, and Bingkam 3,000. - It looks to mo as if Ames: end Alley got ell the money of theso m chaps’ in’ Congress, whom _ they iscovered not to ' possess aby business abilitios, and, having swindled thom out of the ‘majority of their' dividends in Credit Mobilier, forthwith began to entrap them into such spacn’ Iations as_would lose them the remainder of the money. I think, if we could-get at the bottom of tlio ‘thing, ths rascality of Amos and Alley ‘would be found to ke exirsordinary,” wanted to| .| seselon as_portions of_m; “What do you mean by that, Coloriel 3 Comb?” i s “Well, T believo, from a businoes Iook into the {hing, that Oskes Amos came to Congrass for no offar parposs that to do busineas, just a5 he wonld get clectad into the Bourse. ~Whilo he was in Congross, half-n-dozen 1 = - Big THINGE . - were worked out by him. Thete was tho Sioux Gity Rwilroad, the Cedar.Rapids -Railrasd,-tho. Towa Falls & Sioux City, the Enstorn_Divicion Union_Pacific,—which s betier _subsidized than the Union Pacific itsolf,—and, finally, tho Union Pacific, - All these things® wers ‘worked out by Oakos Amos ga- Congressman, and ib. ap-| cars that ho not only accomplished ' theso vast jobs, but rasorted—with Alley—fo the small amo of faking tho surplus money of the poor %ungressman in his silver mines, etc. A moro unconscionable business uovor happened undor my obsersation.” ¥ #WAS DILLON X 2 man of much forco?” #No; he is a ignorant fallow, who had served ite a time as railrond contractor. He is a New Englender, fino-looking, all, white-haired, with hite sidg-whiskers, and ho put 150,000 in thio. Crodit Mobilicr. Ho bad tho giving out of the | contracts, and_yei he was s privato pariner in oot of tho aaid contracts, which showa him to have been buying out his corporation while pro- fossing to sorve it.” B 2 Whiat do sou falis o bo tho rolative measnr of AXES AND ALLEY ?" #Alley has got more sonse than Ames,—at least more power of expression ; both of them are | cowards, and it would be hard to say which.had tho least, sensibility. . Alloy and James W. 8. Williams recently got Alley's district. divided, and Alley expectod fi“ the nemination which Gooch has received. . He had been defeated, but ho still cxpoots to ba Governor of Massachusetts, &e. 1 do mot live up but I sym- pathizo with Massachusetts when this kind of man czn bo its Governor. Williams, who is to coms here, has boon in the Credit Mobilier and the Union Pacific Road, and he -used to be the Treasurer of the latter.” T understood you to_say, Colonel M'Comb, that Ames and Allsy would run tho UNION PACITIC EOAD INTO TEE GROUND i ntm?z were to manage it ; what do you mean by 1ha - “\Yhy, they havo had to ‘get out of their own road to give its stock any standing. Thoy firat put in Mr. Scott, who was raputed to have mads $200,000 by the advance in tho stock,—showing clearly how much moromarketable was his namo {han thoirs ; aud now theyare paying Horace Clark 825,000 or £80,000 & year salary in order tp get more charactar into their. corporation.” i “What cbout these persons whom Brooks TESTIFY AGAINST YOT 2" . “Yell, there were two Israclitos, manufac- turers of army-work, to whom' I furnished | leathor, aind Isued them' for sbout S140,000. ‘Thoy are, of course, malignant. Calvin Blade, | another person whom Brooks referred to, is & pereon in New York, & specalator with no nomi- nal calling. Lyman Elmore; wliom Erooks mon- tioned, has been to sce mo, and seye that Lo Las nothing Lo testify about.” “What is tho s PRESENT POSITION, ~ .- . Colonel 3r'Comb, of the Credit Mobilier 3 . “Woll, T have .8till 1,000 shates, - Bushnell testifiod that théy wore worth per. Ames sid Alley.testified that thoy.were worth only 5 cents on the dollar. Tor myaelf, I think they would e worth par if thogo now fn coutrol would not | stoal the aasots.” vhiat do you mean by tho assots? “Woll, they havo got £2,800,000 of ‘Unicn Pacific iacomo bonds to bo divided amongst tho'| stockbolders of tho Credit Mobiller. These havo been frittored_sway by Dillon, Alloy, Ames, Hum, otc., as Trustees. The-forogoing bouds bring 8L conts. The Credit Mobilier orvns, ba- sides, several Tundred scres of land eronnd Omalia snd Council Bluifs, sxd it has & Jarge’ claim against tho Union Pacific Railroad. 17 all these things could bo honestly. collectod, the' stock would be worth par.” “ How meny shares havo.tho Ames, Alley, and Dillon party " v ] # They have 20,000 shares oat of 87,500 #Whero did tLoy make MISTAEES * | ebont tho paragraph concerning Mrs. Manafield, ° in building tho Union Pacific Railroad " “¥T think fhet the whole meihod of building tho road was wrong, and that much of it grew out of the crooked nature 'of theso decaitful men. Had I been called on to build the road, I would first have .uaed.the stock subscribed, which nmounted to $2,200,000; this I would have called in Iu full, 2nd wonld ‘have begun to build the road with only. that money. Thia smount would - have ° . Pullt miles of the rond, or, " four * sections, nnd then I would have recoived 1,260, 000 in Government bonds, which would have uilt 80 miles moro, which, in tarn, would havo brought mora bonds; cad so I would havo puahed on #s far a3 I could, and, whon' reaching tho ond of my tothor, I wotld bavo issued tho first-mortgago bonds on o cortain amount of completo and ranning road, and derived a4 little riloney from this source a8 possible. Thus the interest would liave been reduced, and all the Dbalance of profit could have enhanced tho stock. Tho slock, gaining confidence, would thus have moda lm'go dividends per sunam. OMr, Alley has téslified that the income of tho road averages $8,750,000 por year, and that itis ran‘at 50 per cont of this,—thus making 84,975, 000 profit. Now, half- tho interost ' required on the Government bonds wotild be dbout §700,000, oand the first-mortgage borids would have re- uired for interest but 700,000, You will seo | that, by this conrse, tho stock would would haya made 100 per cenlogar “gnnum, and the stock, that cost but €100 = shere, would have been worth $1,0600 a eharo. Now, I believe that gtock “worth per =mhare $1,000 is more valuable than ten chares worth €100 each. On {hat principle 1 have slways moved in my businéss: That o unit advanced one thousaud is more valuable than severnl units not progress- ing and worth together the game smount.” £ 2 THE COMMERGIAL TWIG. “ Colonel \'Comb, what idea did you form of such Congreesmen 8s you have seen explain- ing ileir connection with the Credit Mobilier | stock 2" . : i “Well, my idea 6f the country isa liltle ro- duced. To hoar Mr. Kelley recount, in such a solf-enjoying manner, Lis personsl _ ex- tremitics, and to hear ~ Vice Presi- dent ~Wilson’s cwions relation of -his’ incompetency, makes mo & little sick. I think T know what honor is, but so much eentiment on o small suxface ono can listen to without com- plaint, and yet with nausea,” XISE AND DARNARD, % Colonel 3"Comb, what is your answar to the attempt made by James Brooks to connect your suit with Judge Barnard's action in the Ci 8 of New: York, whereby tho preeent Credit Mo- Dilier pooplo wera compelled to pnok up their traps and go to Boston?” 3 “Why; Liere aro Ames' lottern,—ons dated July 18, 1808, —whero Ames confers with mo about Fiul’s, snits, showiag that, it the time, we wero in hermoy. Fisk's gults wero not brought’ until tho whole of Ames' work had been done in Congress, and thess Congressmen hed got their awerds.” e B * HOW THE ANES LETTER GOT OUT. “ Yot do not think that the majority of- these poor chz:yam Congress ought to be held up to gma, do you?” 2 . * Gtod forbid, ns far as I am concerned, that théy sliould sufier anything in -repatation.’ oy 'uro bronght it publicity’ by Ames,” Alley, and_their counsel. Just look at this letter . and it dato, = You eeo that I would not put in tho origiaals of Ames’ lotters, nor givo the names of tha Conzressmen to whom ho refarred. On tho contrery, in December, 1871, T furniehed copies of the Iokters in my pos- bill in equily. Pfxl:lcy 14 il- defendant’s lawyer was R: C. McMaurtrie, adelphia; and in May, 1872, ho demunded, ina legei way, tho originals of ‘the gaid letters, with tho names heretoforo refused. My Jawyer, M. Smithers, holds™ that the tono of Xir. M Murtrio’s lester . indicetos ‘principals were telling andmaking it eppear that Ams’ lettors woro nob valid. I took tho originals to Medurtrid's of- fice,—my clork, Mr. Mooro, being with me. T, refused to give moro than one letter at a time to Mr. MeMurtrie, because, a8 I said to bim, *The eharacter of the clients which you have will not warrant me in letting thesc letfers go - out of my/| sight.” Mr. McMurtrio® took up the Jetters, and cxomined themvery closely, asif he thought they, must be ‘febricated; and hence tha belief, on tha part of my connsel, that Ames end Alloy had been hypocritical even with their attorney. Ihed ~uged every encrgy to conceel the names of theso Congressmen, and offered to enterinto an agree- ment with Amos to keep them hidden, if_he would only egres to settle my guit, even after I | should win 11, in the Court of Pennsylvanin.”, ! “Can yon give me a copy of tho letter " which Ames’ counsel served upon you, dem:ndinlg the production of Ames’ origiaal letters? you can do go, that will show that you had no band in making the namos of these Congrassmen pub- lic, but that Ames himself compelled the same.™ Certainly; my clerk will farnish yon with_ the letter.” i THE CAUSE OF ALL OUR WOE. The following is a copy of tho letter from A. €. McMurtrie, demanding from the lawger of Colonel X'Comb (James E. Gowen) the originals abovo refeired to; 5 43 Comb vs. Credit Mobilier. S *PmiLaprreans, Juno 21, 1872 “DeanBm: On Thursdas. the 234, you have | April 13, 1887, Very truly, .| An operatic Performance ana Xts Con- .| Baxe provided the Istter, upon inquiry, would | buliding proper. appointed to close the cross-examination of Ar. 'Comb, and proceed with your evidence. - ., “Allow me to romind you of promise made by your client attho prior meoting, macy months sinoe, o furnish or produce iLe papers or doc: ments from copies of which he spoke or referred, to, or memorands_takén from them. Sofme at least were to be sent to me next day ; noue have Loen sont. Ho atated, the other day, they had | been 1z for-_a...p a8k that.| ou require him to produco at tho meeting on ‘hureday, if you dosire mo tocroes-exnmine, the. following: - ““Lotter from Onkos Ames fn reference to the distribution of 313 shates s gilts to membersof ongress. - . -, vy, 4 « §is books, showing the original entries and dividonds, or ums said to Lavo been recoived os dividonds,—Apeil, 1856 July, 1655 Septombr, 1866; Dacember, 1866 ; and Jantdary, 1858, . 41 wonld also Tike {0 have Mr Ames’ letter of igne s . 0. MoMusTate. £ Jawrs E. Gowmx, Esq.” | P : “Thero," said Colonel 3{'Comb, “you see how the letters of Oakes Amas got ount. Ames would not lot-me bo silént sbout them.” e PR v . MANSFIELD IN PARIS, sequences-=A Duel at Longchamps-= A Journalist-Scverely Wounded. % From the Boston Times, » -+ % 1t A[Kem that wherever Helen Josephine ‘Msnsfield makes her: appuarsnco, -trouble and mischief aro certain to follow in her wake. For somo time past she has been in Paris, and, although soorned and slighted in_ numerous in- stances by docont persons upon whom she tried to force her company, ehe has left nothing un- done to ‘obtain. notoriety in the metropolis of | France. It would be futile to dony, that in this endeavor she biag, in & measure, succoeded. Aside from the report which Was extensively circulatod that Mrs. Manafield’ lost £87,000 b the failuro of Bowles Brothers—a roporz whicl was afterward suthoritsiively denied—she Las® caused geveral lawsuits, some of which will oventually prove causes celebres, and even brought sbout & mortal combat between two .Parisians, in consequence of which one of them, o journalist of somo prominence, Wes sevorely wounded. Ziy o . Tho particnlars of this affair, which borders on the ridioulous, notwithstanding its rather sorious.results, are as follows: - Somo. timo_ngo, Alrs. Manafield, who, after being réfused admission ot the Grand Hotel du Touvre, wenttos second-class boarding-house in tho- Rue Scrile, mado her ap performanca of: * {fra Disvolo,” iny opers, - which was excoptionally well played that evening by the excellent troupe of -the_ Opera Comigue.” Alrs. Manafield was gorgeously drassed in & suit of while eatin, and the display* of jowelry sho made . on the oceasion was Bome- ! thing very unusual ‘in Parisian_gociety. , But, - asido from_the sensation which Yer appostanco crented, -she seemed. {o court attention by the someshat boisterons manner in which she ex- | preased Ler dolight at what sho saw and heard. | iy ihe time ,the curtain_went up for tho third time,, every oye-glass in tho house was levelled ot hor, and through the audienca ran the whis- | per: ‘“There's tho famous Mansfield " 3 Nabarally, hor singulsf conduct and the sen- sation which she produced, wero not_ lost upon the numerous represontatives of tho press who-| attended the opers, snd their comments apon tho woman wera anything but flattering. Ono of them, M. Xavier, Dupont, an_sttache of the sprightly litlle Ver(-Vert, a gossipy slicet which makes theatrical nows a_specialty, said, within | tho hearing of some of his colleagues, that Lo would give Mo, La Princouse d Erie,” as ho callod hi6r, & good little notice in his paper. Suro enough, the Vert- Ferl noxt ovening con tained a paragraph “aboat tho occurrence, and her tho trouble commenced Early on the following morning M. Xavier ?;:fl“m” s e waa making. his toilet, was. cafled upon by “an_exceedigly .. woll-drosscd " -stranger, who gavo his ~name as 3L - Albert Saxe,” of Bristol,'and who informed tho as- tonishied journalist thathe wishod to seo him rauce at & "a charm- whidls, ho said, had given that beanteous.womsn tho utmost offence. . 3. Dupont roplied that be i not cava & sou about that, and begged his Visitor not to give Limself any furthor concorn about the matter, considoring that the wishes or frowns of Mrs, Manaficld were of no interost hatover to the oditor of the Vert- Pert. Upon hearing which AL Albert Saxe, *fof Bristol," "waxed -wroth. Ho gaid ho did not like %o uso harsh langusge, but, if compelled to_do 80, ho woald not shrinks from it. The jowrnalist thon flared up, too. **Pray, sir," he beid, sto ping close up to 3L Baxe, “what in the d—Is Taco bt all this any busiuéss of yours ? Who aro you? Idou't knowson! Theres the door, you Iiserable jntruder I e ; : S0 saying, ho pushed AL Albert Saxe fowird tho door, and, before that gentloman was able to offor any resistsnice, landed him rathor uncere- moniously it the ballway, There Mr. Saxe in-- dulged in_gomo entircly - unchestorfieldian phrases, yelling ont that M. Xavior Dupont was & puppy, and that he would muko him emart for tlio martness of- his pen, all of which did not diaturb the equanimity of tho journalist, wha, aftor dressing, went down to the effice of the Vert-Vert. Ho wroto thoro for several hours, - and then B was calied upan by two stylish and rather snobbish-looking Englishmen, who in- formed him in vory broken French that they came to see Lim in bobalf. of 3. Albert Saxe, “of Bristol,” and, in efect, had boan requosted by that gentleman to challonge M. Dapont, for what had occurred in the morning at his house, to mortal combat. ) Nov, a dugl is a very ordinary affair in Paris, and few gentlemen thoro are courageous enough to decling necepting 5 challenge. So AL Dupont, who had before stood on tho dangerous spof yelept the flold of honor, said he would fight prove & gentleman of standing ‘and characier ufficient_ to_cntitle him “to any notico.at his hands. 2 ¥ % Tho necessary inquiries wero made, and it was found that thero was ncthing * derogatory to Al Saxe's clinracter, oxcept that lip_was & gambier and sporssman. ' So L. Xavier Dupont- signified to M. Beze's friends his willingness to_ moot tho | challonger, and they agreed to fight the duel with broadswords, ¥ % Tho combat came off.at Longchamps shortly aftor daybrenk;, in the beginning of December last, and, aftor tho two men had !hjliped to_the “wpist, they began slashing at cach othor with tho ntmost fary, -i}g&h of them, howover, proved to o very good swordsmen, and when, at the ex- piration of five minutes, theystoppod from shoer exhaustion, it was found that. neither of them had been hurt. m : Then tho combat wes renewed, and a_second or two afterward Saxe wounded his adverssry seriously in the loft arm. Tho doctor then in- terfered, and the duel was ended. The usual brenlfast betwecn the seconds was then gone throngh at a neighboring xestaurant, while the woundod jonrna v Fow peoplo know of the affair, but somehow or other it was brought to the knowledge of tho polico, and two or Saxe and Dupont were arrested and- placed be- | _foro the Bixth Tribunal of Correctional Police. They did not deny that they had fought s duel, | therenpon the presiding Judge lectured them | Maverely, and thon montenced them to three sy’ solitary confinoment. a5k e R e e DMr. Stewart's Marble Palace, .. From the Hone Journal. - 3fr. A. 7. Stowaxt, having moved into his new residenco,cornerof Thirty-fourth street and Fifth avente, and ehown to the outer world some new and beautiful things in the way of white lsco curtains, ench’ pair backed -by another pair of hoavy satin-damask gold-colored curtains, elab- orately ombroidered, it may not be_inopportiino 'to print 3 few facts and figures ro; ing the The general proportions of the building are as Feet, foliows : B Feet, 80 | Width of 34th st. front 120 ‘Width of 5th av, front..62 /The reletiva height ‘of the -several stories is - about as follows: : et .Basement ... Firat story.. Second story. The walls are of marble, from base to cornice, filled in with brick, and of unusual {kickness and molidity. Within, the pastitioning of tho lower story isas followsz .- - - ;. 3 Feet.| Tarloron 5th. l'.hnnt.‘fixl,; " Tho cost of the building does not yary materi- ally from £1,500,000. The designs aud drawings wero from the pencil of John Kellam. R - —Alady in Fort Wayne has cards out for her cilver, cryatal, acd tin weddings, which occar on tho'samo day. Her first two husbands Sdivurcad) Dave reoeived invitations, but perversoly decline uuongmz. - read st rapidly drove back to Paria. |, ap dnys. afterwards both'| * 'HURD’S REVISION. , . Part Second. % ~ Condenzed for The Chieago Tribune, It will be the main_purpose of this paper to ‘pregont, for the considoration of those intersst~ ‘ed, atiother partial list of defects and omissions o 3 ion” of 1872. That rovision was first publish- ed in May. It soon became a subject of criti~ cism, and rom timo to-time; in various public prints, one after another of its numerons imper- fections was ~exposed ~ end discussed. Before long it, came to be.known, all over the State, - that theso scattering - criticisms were but the indications of -a strong condemnation which the profesaion, bdth on ihe bench and at the bar, had pronounced npon the *work.” So well was this conclusion understood, and so thoroughly. has it beaa.respected, .that, up to this hour, no man (savo the reyiser himself) has had the courage to come forward in: print over his own pame, and. avow himself ita friend sod advocate. Two or threo snonymons and irre- sponsible writers have been its only champions. Theo Firat Part of tius review was published about _the middle of October, .and then the Teviser —iho, up to that time, had preserved an ominous |- silence—came forward with his defence.’ Itisa long and Iabored document, and probably has been widely® read. As a reply to the points which have been made against his revision, it is 5 signal failure ; asan accumlation of epithots _aguinst his reviewer, it is a_remarkablo success. Ono thing, however; i8 settléd.” “No amount of personel -abuse will be sufficient to'divert this | duscussion from the only subject wherocin the public have any interest—the merita of the re- vision. To that important inquiry the attention of the rexder is now invited. There is now no law to authorize a defendant 'who bas beon sued to make a tonder of tho amount actually. dus and- stop the costs. Tho old law, simple and oxplicit, had been in force: for many years, end worked admirably. Statates, vol 1, p. 516, § 54 But it Las been expressly repealed.’ Btatutes, vol, 2, . 293, g1t B - There is no law raquiring Clerks of Courts to keep & book of fees, showing by items the costs saccraing in each particalar enif, by whom mede, and to whom payable,” Tho old lair on that sub- ject (Statutes, .vol.1, p.-515, §56) has Leen ax;meflymyode}i. Statutes, vol. 2,p. 293, § 171. That provision in the how act roferring to feo-booksis eutirely a differont thing in its scope and purpose, a3 may.-be seen upon ex- amination. Btatutes, vol. 2, p. 184, § 162.° Noither i¢ o Clerk now required to send ont a ' bill of coatd with oach .execution; but he may collect his ¢osts without ~keeping any record of -the items. The old law on this sajoct gumm, oS vol 1, p. 516, §§-56 end- 57) con_ex- {mnsly repealed. Statutes, vol.. 2, p. 293; § 77, The same -repesl also_ takes away, tho penalties which tho former lawimposed for a dis- Obedience of its requirements. . ° ° 80 also that portion of the old law which made the fee-books of the Clerlsa part of tho record. Statutes. vol ‘1, p. 515, § 8. It is express 1y repdaled by the revision (Statufes, vol 2, p. ,§ 177) and not re-enacted. - ? “Tnterpreters shall be” sworn truly to inter- | pret when necessary.” This was the language of the law 88 long £go- as when Ilinois was o part of the Indisua territory, 28 my be secu from the Jones rovision of 1807. In each succeeding rovision it has been ro-onacted without tho change of a word. But the reviser of 1572 conld 'not let' it alone, . Ho takes it from Practico tatates, Vol. 1, p. 514, §47), whero it had stood undisturbod Tor near three-quarters of & century, and carries it toEvidence and Deposi- tions. ore he Jocates it under’s sub-head,— ‘ Perpstuating Testimony,"—and alters it to ‘as follows: “Inforpretora may be sworn ' truly to inicrpret when mee- essary in teking depositions.” That is, depositions required in **parpetuating._tostimo- ny.” Btatutes, voL 2, p. 165§ 93. No other section in Hurd’s revision rafers to interpretera. The consequences of this blunder aro very seri- ous. No oral testimony of any charncter, in an civil criminal case, can now be received throng su-interpreter. Bocsuse it must ba observed that in all cases of repeal of old Iaws which ere not afterwarda re-enacted, the omission to re- enact' presonta s vary different question from that ansing whero no such law has ever existed. For thon tho power to swear au interpretor might, perhaps, be inferred from the general powers of tho Court. - But by repealing aud not re-enact- ing, the Legislature makes the positive declara- tion that though such was the law once, it is not the Iaw now. And hence, powers which might have been inferred in the absence of any Isw, are thus affrmatively donicd. ‘The revised garnishmout act i8 so worded (Statutes, vol. 2, p. 193, § 12) that if tho gar- uishes chooses to -deny the facts on which a claimant’s right rests, the claimant cannot prove them! He is only permitted to sppear and prove such facts 08 ore “not stated nor denied by the garnishoe.” This is o fair samplo of the ability of tho revisor to propare now Iogislation. * " Formerly, the Iaw. respecting the exemption of personal properiy from execution, otc., al- Iowed to & mechanic his tools, not “exceading £100 in value,” and to & professional man his library or implements, “not .excesding £100 "in value.” Statates, vol. 1, p. 384, § 89, clause 4. This was just and equal. But onr reviser has triod his improving hand, and * re- writes” the law. Tho result is that a “profes- sional man"—whatever that 'may be held to in- clude—scems to be now entitled to an exemption of $100 more than any other pesson. Statutos, vol. 2, p. 226, §§ 13, 14, and 15. The last of thess sections is new, aud provides that if the debtor 1iag not any of the specific articlos, ho may ge- lect others of ‘equal value. One of two con- structions must be- adopted : cither that tho profeesional man is to havo more oxemption than others, or that overy debtor is entitied t6 9100 in other property, in'placo of the “im- plements or -library” of &' professional man which he does not have. How ig it? And while this Iaw is before us, suppose wo examine and see how Iarge an amouat of per- sonal property can be held oxempt by debtor, undor ugual and ordinary circumstaucea, Lot the family consist of tho debtor, his wife, aud two childron. * Say that tho familyis not kebping house bat bonrding, and therofora the dobtor has none of the specified articles. which the law allows him by name. Lookat tho list of PERSONAL FROFERTY.EXENPT USDLR THE REVISED 2.AW5 OF ILLINOIS: FAMILY OF FOUR PERSONS,’ 1. Necessary wearing apparel. i 1L, X sowing machine. @ + I Thochespest 13 worth (say), IIL. Furniture, tools and implem © ' Bdding for two beds at B each, * VIL Two stoves and pipe. Que family cook stove. One Leating stov Pipe ot $3 for e VIIL Houschold farniture, Amount fixed by law.. * IX. Oge cow and two hog Cow worth..... Two Liogs worth $10 each. s X, Twoshesp for each member of the family and tho.fleeces taken from - *.: 7" the esme, snd the yarn.and cloth that msy be manufaci from the same, cht sheep at £ each......$32.00 "Eight fieeces, 6 Ibs each, at 80 - centeli.c... % 20.00 .= 1. Two oxen or horses, Amount fixed by law. 2 “. "XIL Provisions for the famlily for three ‘months. Two ‘adults at $4 esch per 8. ek, 12 wegl $95.00 Two childrenat week, 12 weeka - HEES 168,00 XTIL. Fuel for three months, v L Twostoves, 90 days, X B ¥ 10.¢ XIV. Food for the stock $ Two hoga st $3 per month. 1 Eight shoop at $1.35 each per OB enssearesreersanee 0.0 — XV. Bitles and school books, . XVI, Family library (oot included), XVIL. Cemetery lots, etc. (not included), operty. XVIIL Other selectsd pr ‘Amount fised by Ia 100.00 Total value sbove exempted. $1,451.00 () Estimsiod by tho Providect of the Ilinols Wool O Eatimatod a; apringfield Woollen Factor o), Estimatod by two tarmors, Superrisars oFSangamon -} doubt or question 2 = - like-mannor, extended und “collected in tho .{ exhibit sufficient edmiration for.the. ravision. The yead item af- 2100, in the Lopogoing llst- whch scoms doubtfal—that r_flowing value of o .profes- sional library to ono who }wsed case, 8 professional man, yet there sre o ur other classes of artioles oxemptodby naine: ° on which no value has beea placed..~ Tha valus of one clasa only—wearing apparci—would more than keop the estimato good. _ Wo a0 now pre- pered forendtho nerw ar, whicktho roriser invented to meet this special matter cf ex-_ emption, and under which a debtor caa keop .everything.he has got upto -81,500.. .1lero. are the worda: . FR e . *‘ Whenover the debtor has not any or all of the specified articles hereinbefors oxempted, ho may elect othersof equal valia in”their stend,: or he may retain the value, in their stesd, or he may ‘retain tho value thereof in mon f he . 80 elect.”” - - 3 e 2 ‘We will suppose that our debtor is the owner of a small stock of goods, and i§ “waited apon by the Bheriff with an cxecution. . Hesays: “ M. Bheriff, that exocution ia all right, but T ‘mustlive, you know,und Ipropose to take tho little exemption that the lawiailows me. Prettymuch all the personal property 1 own is in this stock of goods, and I will - tako in thasé goods all tha sxezaption. thas the:la givea me. . How much i i After some_little fizuring, the Sheri makés out a list similar to that 'ready given, nod an- nounces the following as the-resnlt: BECAPITULATION OF PERSONAL PROPERTY NOW FX- ., EMPT FROMEXECUTION IN ILLINOIS, UXDKZ LURD'S - REVISION. . mplements., Professional library. and stock. Two stoves aud. pipe.., Household farmitase g;"um X (n;lhur‘.. ight ci: 2=, fleeces, yarn; ¢ goaxn m%":li;'?:“ reo months’ family provisions. Three months’ fuel. . Three mon:ha' stock Other selected property. sary wearing apparel or four Deraons ; their Dibley, school-books, and family pletures tho family Horary and cemetery lots and rights of barial, probably notless then, 3 Totel amount of personal property exempted.S1,70L Having looked over tho foregoing figures the | dobtor remarks: : *“Woll, sir, if I understand yor, this_rovised | Iaw entiles me to retain in my stock of goods 3 valne considerably moro than 81,500, boyond all 0 The Sheriff assents. - 2 “Tlien, a3 my stock is not worth thet much money, I'do not see a5 you have any business sround here. Good morhing, sirl” ___.. * Such ia 6ne of tho practical results of rovision necording to the-plan of Mr. Hurd. It would veem that the . man who- choosea: ot to pey his debls, onght mow to be hippy in 1llinois. For with his homestdad of -$1,500, i goods, “worih over SL50 moro. all ot of reach .of the Taw, ho ¢an bo sure of a comfortablo living. He may ensp his flogers in the faco of his creditors, koop his property, and biddefianc o overrthing but_doath ond taxes, Such is one reguit of.o rovision which is srid to have “swept away ell those techuicalities which delayed &nd often do- Tfeated justice !7 . e Dy Thousands of porsons who had pmichasad lands for taxes, and had not taken. ont a deed ‘efore the revised Bevenue act tools efiect, will lose every cent of ' their ~money. That rosult is nccomplished in - .the-following mannor. The seving ‘clause of the Te- vised Bévenno act first ropeals the old scts, and thien exprosalydeclaros that tax doads buereattor issued should be ubtained in conformity with tho now law. Btatutes, vol. 2, p. 879§ 766." That this is not a mere clerical mistake, app3ars from the body of tho sct, whore the esma- provision again ocours. Ststutes, vol. 2, p. 937 §633,_Now thie difficalty is that tho rovised act prescribes certain things to be done, 81d no deed can issuo oxcept.on._alidavit that all those. things have Deen done, Some of thom were mot in the old law, and hence lavo not- been dono, conto- quently the purcheser caonot make -the ofidevit, aud- for want of =n afidavit is deprived of a deol ‘Thus: Tho new luvrs- | quiros evary tax salo notice to stalo “ in whoso name taxod,” and “for what year taxed or ave- cially assossed.” Statutes, vol. 9, p.- 355, § 630." The words quoted are not found in theold lawas it provionsly etood. . Statutes, vol 1, p. 603, § 159. Thorefora thoso things wero not done, not b 'n§~mqnirerl. And yet this ; “rovised ” act anya that & parchaser shall mako ! affidait that they were dono, or ho shoil have no deed! Statutes, vol. 2, p. 866, § 630, and p. 67, §5 632 and 653, . Landa of married women, sold for texes ander tho old laws, whorain waa preservod to them tho Tight of redamption until after tho disshilicy was Yemoved, can not now bo radcemed. Tho “re- vised” sct _culs them off completsly. Satutes, vol. 2, p. 379, §766, tnd p. 863_§673. So that all redemption rights of married’ women, oxisting under the old lawa at the dste whoi tlio rovised act took effect, are-thereby cut off., Thonsands | of such cases exist, where s wifa. omitted tore- | deem hor land, though several years hed ‘gono by, because sha know ehe had tlie entire lifatime of her husband (nd moze, too) in which fo maiso the redemption.. By this revised act, 4ho is cut off, instautly and completely, and withou: notic There is & placo in the new School Iaw whero or will obsarva that while there ig one ' | 1t will L'e said that a deci { such epecimens of **work " rg | the sease, they :to'think is & declaration, in anz form of act that 1ay strike his fancy. Afterward ho can wfi. any time smend, either on his own motion op is not, by tho sup: |‘affor demurrer, afier ples, and sometimes aftor tritl and vordict. Boginning with any action he chooses, he may amend and amend, cns of oag aud iuto aacther throagh the whole list of legal remedics, aad even Loyond. _exowmine this seciion'of tho reyi i what there is left of common law praciice : £20. At ony timo befors a finil i vl fuit, smendmedta Ty bo-Chpmad oo e e 8- are-just- and-resonable, Intruduciog. sy party Decessary to. bo, joined a8 IAMUE or dofendant dis, continuing -0 4ny. joint plalntiil or joint def. | i ot o7 Rubstapeh, In BnY DRocess: Hemmtngr s et on, Coeiting which may 0ablo. th pIAGO by a0 PO | action”for the claim for which it was inteuded to. be {.broaght, or tho defendant to makc legal defonce. { The adjudication of the Court slowing an simenys ment shall b conclusive evidanco'cf tho identity of the action. - » = Undor this gection there is absolutely no end toamendments. Tkere it no it or restraint whatever. Anything is parmiesiblo, at any tim which the Court thinks “may ensble tho plain. HiF to sustain the action for tho claim for which it was intended” to bo bronght.” How is'the Court to'know what tho plaintif “intendeds” “And is not the dafendant entitled to liks prisi. leges. in bringing forward the dofonco he *in- tended " sto make? Certainly. For whatever amendraents the sitting Judge shall then hold to o “just and ressonmable” to accom%lish the foregoing objects, this et permits. ‘The trath is that by that - eection tho common law proctico, instead of being ¥ preserved” is - miterly: . and completely - dosfroyed. Destroyed in principle, in np{flica!imx, in detail, it i8 plueked-up by the roots and cast.to thg wind. The Judges now on the bench may, for 2 little fime, in the exercis of that larga disere- tion with which they are. here. clothed, and-in accordance” with tho former practice; adhora - somorrhat £o the old rules of pleading, and re. quire tho old forms of action to.ba ol od at lemst in name.. but the moment & Jud:ze cliooses to do eo, ho can permit the widest latitade. To show how this new practice works, take an illastration from a recent ease which sctually ocourred. "It was an ordinary suit upon a note. Tho defendant. pleaded _s- cet-off, Eut filed no bifl" ‘of particulars, aa required by law. The issucs were all made up, a 13 empsnelled aud eworm, -the plaiid offered his note-in evidence, and coucladed his gide of the case. Then the defendant's conngel drow forth o long account, composcd of many different itoms, nnd a‘tempted to extablish it Ly EWL The pluintif objected’ tha¢, under the sw- (Btatntee, vol. 2, p.-297, § 119), tho defond- ant could not bo permitted to prove an sccouns whercof ho had not iled a copy. Tho objection being sustained. the defondant asked lease to amend, which the Court was, of course, obligad to grant, and, with o bit of mucilage. ho fastened {ho account to.his ples, and proposed ‘to go on »with the evidence. - But the plaintil: applied for_s contiunznce by reagon of suwrprise, Ho medo afidavit thet ho bod tho witnesses, in a distant county, by whom ho could prove that tho-occount. had all been paid, ut did not have them prescut, because under pleadings they wore mot nooded. Tho Coust ited thecontinuance and discharged the jary. i is'evident that a similar performanca might "be rapcn‘ad'indafiuit:g, i’ the eamo cose, and no foresight is required to perceive that Inwruit could thus be prolonged to sny exlent. Complicated cazes ofion consume o weol's time in hearing evidenco: the witnerses - hove, some of them, been brought._from distauco at heavy exponse. And yet, under this revised act, noth- ivg isrettled; amondments are alwnys pesisle up to the-momont of * final Jadgmont,” and thuy it is always within - the power of either party to make an amendment whick will absalutaly com- pet another This is called common law practice. “in'its 7 x .- Formerly, the law provided what should bethe decisionof the Saprame Corrt, in a cato where tho Judges were equally divided in opinion. It declared that, in etich 2n_event. the decision of the Court below stoad afficmed. - Statutos, Vol. 3, P.518, § 77. Thishod formad a part of the law from {ime immemorial. Dub it ig repesled Dy tho revision,-aud not re-enactod... Forgotten, probably, i tho hasto of “ re-writing.” Perhzas ion -siands’ practically aflirmed uniess the Suprerae Court shall roverse it. And it 16 trie tha 3uch was the law, o fow months ago. - Bat by thair oxpross repeal, and failure to Te-enact, ftn Legislatrre bave declaréd liat ehall be said of is ? it to be law -no longer. On0 of tho most notcrions instances in which tho neodiess clianges of thio rovision hnvo im- posed burdens on tae peaplo, i in legal forms. Almoat overy form ocenrring in the wholg recis. ion hzy some vorkal ¢l Razely. aficotiog t comzel tho throwing away of el printed Lisnk's snd réeords previously oxist- ing. Tims, overy Giseuit Clevk in tho State hu Been obliged o th great piies of biask vrits, for W c pad -lerge. pricss, nd sapply Limelf anew a: public. exponse. 'The £an0 iB true i the? County Clerk's oiiice, and the books of printed .records, in matters of edministrtion, guardianship, snd executorahip, all became usoicas; -thoy lave been set asido and mow ones procared. It is not o large estimato fo ey that tho sveragt amount of needless exponee, thus imposed oo the people of $is Ytcts, will probebly not fal below 3300 for every county: Those who ant curioue about tho cost end extent of these verbal changes medo by the Tovision, should coneuit thio change ofa single word, made by thereviser, will occasion probably s {honsand noedless and | oxpensive lawsuits, bezides c:msinf‘ the Joss of | considerable revente.- The old Iaw reqaired ; School Directors to cortify to tho Comaty Clerk district. _Statutes, vol. 1, p. 636, § 44 This was plain and simple, and_never failed to work ont satisfactorily. &Ir. Hurd chaiges tho word | “rate” to -““amount,” probably supposing it made no differonco.: Statutes, vol. 3, p. 403, § 181, But mark the result. Aloag every county line sre £chool districts, which lic partly in two | counties. Part of theirschool tax is extended on | the fax books of one country,and collected by tha | Colloctor of that county. “Another past is,.in ! other county. .So long as the two County Clarks had & rafe of lazation 88 & basis, their work was | cnsy. Now they only know the amount of money | required in the wholo district. But neither Clerk knows or cazwknow, how much- taxable property that district has in- the other county, | ‘Therefora he cannot know what the rale ought to bo; not kuowing the rate, how can ko extand the taxes? Practically, nothing can be done but to extend tho wholo tax in each county. The County Clerk cannot go to tho other“conty for information—for lack of fime 'if for ‘no other - reason. Instance Bangamon _Comnty, which~ is- bordered by - tho : eight sur- rounding counties of Iacon, Logan, Menar Cass, Morgan, Macoupin, Montgomery, an Christian. There are fractional. school districts betwoon Sangamon and each one of there comn- ties, and between those countics sgain and the others by which-they are surrounded.". Will it do to eay that all tho Coaanty Clerks in the State, at the very time when by law they are required to bo making up tax-books, mast start on a pilgrim- | 8go over the State to obtain information for ex- | tending district echool tax? Hardly. And yet the only other way o obey Mr. Hurd's revision is not to try to make any division of the tax between the two counties. This was the course adopted by & certain - Clork - who e~ ceived ono of theso = “legal” certifi- cates from a certain district, oficially in- forming him that they had Jevied a achool tax of the amount of £300 on the taxable pre 7" of their district. Looking at his books, ho found that all the ** taxablo property” of that district, g0.far 23 hio had’any knowladge, consisted of one-guarter scction of ‘land, volued at 830an acre, or §480. He obeyed the law, and levied on that one tract the whole tax of '8300., Hers is where the_lswsuits will come in, Every man thas oufriged will sppeal to the Courta for his remedy.against such taequal taxation, and it is easy t0 seo that.this ‘clsss of suifs will bo verginnmarnul. ‘All from tho ‘cliange of one WORLS s e A g S \The reviser.complains that his eritic docs not The abundant answer to that complaint is that Alr. Hurd is entirely. ablo and more than willing .to furnish the admiration himself, to any re- quired extent.- Iu-one of his rapturous flizlits Lo thus modestly.dezeribes his oym * work.” _“In cisil jrispradencs, all those technicali- tiea which delayed and often defeated justice, linve been swept- awsy, while at the sama time, all that is valusble in that besntifal and porfect system, the common law practice, has been pro- served initsparity.” . . _— .. —\What extlted praise! ‘When: a- rovise thus sound his oy trumpet,. why need critics cdmire? We shall safliciently dischiarge our duty if.wo oxamino this common law practics, which, 08 it is Baid, the new act has “ preserved in its purity.” Droadly stated, tho. fundamental principles.of tho common law practice ere two: 1. For il legal wrongs capable of beingincluded Within a known and fixed definition, one fixod and distinct remedy, called zn action, hiving its own épecific name, its own mothods of pleading, its own tules of ovidence. 2. That whan an action has been ‘once selocted, and s suit begun therein, it must be . pursued .to tbe end, and & judgment obtained . in that action ornot at all, and obtained sccord- ing to the pleadings proper to that action, and under the rules of evidencs established therein. 1In all these respects a code practice is different, thie * rale " of school tax” to_be lovied in_their rmcmbeta of the Legialataro, aad approved by i | ! ! i time notee will do well to sce thiab the: -the ~Circuit Clerks and the Councy;Clerks who ‘wore obliged to have'tho new blanka made, and wlio know tho Iarge exponso. Mr. Hurd vebemeotly insists that all the changos made by his rovision waro known to the them. Now it will not bo hiard to point out many changes,” partionlarly by omission, which were ot Kuown to most of tlic members while the re- vision was pending, and which are unimown to meny of ‘them etll; omissions - which it is very doubtful if 2ir. Hurd himself now knows. Take tho assossment of damages on & dofsalt, made by tho clork. Statutes, vol. 1, p, 519 §22. Did 3ir. Hurd know that ho had onulted that reetion from his revision? If he lmew it, can ho give.n good reason for the change? Very | gortain it is, that co such slteration was known thronghout the Szate, for at nearly every court held up to this date, 80 ‘far 23 information has been received, tie usuzl order was msde inall the -defsuli—" clerk to assess.” One of ths ‘most carefal and aclontive members of the House, himself o lawyer, had never heard of the chango, and took his- own defaults in the same manner. Of courso tho, judgmenta aro warth- lesa, Dut who conld suspect that a provision 80 necdfual and salntary would ever be omi 2 Hoving -thus calfed sttantion to sn omission by whicl the usual powers and duties of aclerk are abridged, it will be proper next to mention &n {nstance, fu (he rame ack, whoro the sathority of the cierk is 80 far extended as to includa jo- isl fanctions. That is, thers is an attempt 0 doso. Tho revision provides that judgmente by contession, entered in vecation shail have lik force and effect, aud from tisa date thoreo- Lecome Licns, in liko muuner and extent aa judgt ments entored in tern.” Statutes, vol, 3, p. 291 $153. A judgment can.only be *entered” by tho clerk. Aud before he can enter judgment Ly confession, in _vacatiod, he must first perform a jndicial sl by deciding ‘that tiie papers ‘before him ad { thorizo euch & judgment,-and.therefore he will { rendor that judgment. Until be hes done this, there i3 no judginent to be *cntered.” Andbe must doitif itiadoncat all, bocause in vacs tion the Jud;zo is absent holding conrt elsewhere. Nor is thoro a word in tha law to indicate the Judge is to have any part in these judgments .inxacafion. - e sy Tha wholo of the law reapecting judgments by . confession has been'so changed as to inyito tha mcst pernicions prachicen, aad lead to the most .dongerous resnlts. Acd this again is by ths omiseion of provisions that should Laye been Te- enzeted. Under tho old law, 05 contained in to roviaion of 1845, n kories- of decision bad been mals, sll: tending to. ‘erp and modify its bharshness, so tlat it should not be eo oppressivo cad Tindictivo agaiust the debtor. S0 mumerout and important hed those docisions become, that in 1550 many of them _were plnced on tho sistute beok in the form af8 Iaw. Statutes, vol. 1, p. 513, §§ 88, 9, 49, "This sct expressly forbids any confession of judgment, except *in open Court, and on 8 {dl investigation.” It farther forbids auy conf: #ion upon ¢ of attorney, w:thoat oral % in Court at tko time, that the defendant * tlio meaninz” of the paporho_hed. signed, snd foriher procf that ihe plaintill would be- i .immineut dzager of losing” his debt. malest imimedinste judgwient wero rendered. Thest was nlso a_provision by which a_ defends! might obtain 2 stayof exocution. Not cao of thicse provisions—necdful, snd salutary, sad iz rortaut as thoy all are—appoar ‘in” tho redizion. 'They scem to Lave Leon drupped ont by mistaka in the process of “ro-writing.” For the lswon thia ubject has been “revised.” But tne I vision rerely copies the old .langmge of 1 &nd even makes it worso_by providing for con {easionflLin vacation, a3 nha:%y notmha& ':::; ates, vol. 2, p. 200, § 133. Debtors who execat es, vol. 2, p. 200, § contain Do power of aftorney. For.if tho Clerk is have the power of rendering s judgmoat, ‘mirdtes will bo mple time in which to tranefor? = harmless note into 8 livizg execution 1o the hands of sn officer. . But even this is not all. Thera was formery sn act declaring that execation upon judgme Thore, forms of action are unkuown or merely nominal. The plaintiff files anything ho pleases confessed mighit bo stayed by injunction ot the debt becameactualls due, Staiutes, Yol L of the reader . i E v B