Chicago Daily Tribune Newspaper, February 5, 1873, Page 3

.i c - e —————— THE CHICAGO DAILY TRIBUNE: WEDNESDAY, FEBRUARY 5, 1873 : 3 LAV AND ORDER Citizens of Chicago Alive to the Emer= gency. The Grand Mass Meeting in the Board of Frade ¥inkl Last Evenizng. Large Attendance of the Sup- porters of Mayor IMedill. : stirring Speeches by Hon. J. V. Farwell, -Rev. Mr. Parkhurst, Jobn Went= . worth, and Others. Passage of Resolutions Heartily Ap- proving the Acis of thg Mayor. Tho call signed by the Chairman of tho Com- nittes of Seventy, inviting the citizens of Chi- 2290 to moet yesterday evening in the Board of Trade Hall, for the purposo of signifying their spproval of the courso of the Mayoria the re- zeni trouble with the Board of Polico, met with 10 sstonishingly warm response. The hall was filled nearly full, and, since therg were seats but forsbout 2 hundred, that means that the at- tendance was very large. It is neodlessto say (bst it was eminently respectable. i DBEMABES OF JTIGE GOONINS. Thomeeting was called to order by Judge Gook- fne, who said they Lad mot a8 the represent- atives of law and order. They had seen that there were many of thoso who whenever they fhonght it inexpedient, refused to obey the law. Some were of foreign birth, and some Amer- Jeass. The quostion vas which side should pro- vaill,~whether the Jaw should be enforced, or American institutions ovorthrown. It was a se- rious question. The other side claimed to rep- resent personal liberty. But the highest liberty wisthat which recognized and obeyed the law. To.obey the will of the Supreme Maker wag ths highest liberty. Human law was the only safe- of civilization, and it must be maintained. The true definition of personal liberty was for esch one to respect the rights of his neighbor. The laws had to be upheld, and the sentiment of the people favored it. Whe= amendments wero needed they wonld go to the Legislature, but tbo American must stand by his principles and Lis Government. OBGANIZATION. Judge Gookins nominated J. V. Farwell a3 ‘President, and be was clected. SPEECH OF THE PRESIDENT. The Chair said talking wzs not as much his forte as doing. He was glad to hesr the Judge gsy-the Jaws must be enforced, and tho people present looked as if they thought so. The Presonce of such & crowd of represontativo men Eignified business. He held that thero were German and good Irish citizens, and ob- cted to claseing them all a5 opposed to thelaw. eymust do nothing to_drive away those who era on the fonce. In maintaining lew and ordor they should bo as M*mlitie s politicians. Many men followed & bad cause ignerantly, but since they eaw good men sdvocating it. ‘he respect- sblemen who went on s wrong sido were the ones who put it throngh. GOMMITTEE ON BESOLUTIONS. Messra. AL 21, Took; W. Woodard, Brayman E.Burnham, znd Dr. Kitiredge wers appointed a Committee on Resolutions. Philip Myers, W. D. Smith, and A. H. Walker were appoited Scaretaries. Tke Committee on Resolutions was directed to report Vice Presidents. UCMARES OF ICV. MR. FARKHURST, Tho Rev. Ar. Parkhursi had no theory of govemfi;ent to suggest. They all wanted the Solico Board put out, and the people st Spring- field to abelish it. [Cheers.] That was all he™ cme o say. He went over the history of the Board briefly. No poli¢einan who had nota beart Jike .n lion would dare to do anything withont thinking of political consequences. He kuew meny officers who wanted to do iheir &uty, but dared not. He had beon vieeod by Washburn's - appointment, but it arpoared that something clso WaS neceseery. The arm of the Superintendent was palsied by the Board of Police. He had asked policemen todo certain things which ‘camo within their daty, and they wonld not, since they knew they weald lose their etars if the force wes to be efi- cient. Some ono man must have control, and if be did not anewer, must bo_pat ont and snothor patin. I Mr. Washborn did not do hus duty, put bim out, but he must have a chance to show that he did not do it. © He did not want to array oationalities against each othor. He knew many good Germans who wero mortified and athamed of tho course of the Staals Zeilung.: Among the Irish thero were many good citizens. i, even if all nationalities wero crushed, they muet stand by the laws. He did mnot want Hickoy and Gund o go back. [ Never."] He did ot want & man like Gund, who was like a lump of lead, and who had to be kicked and pushed in order to force him to execute thelaw. He had o fsith in such men. They wanteds little nore military epirit. He wished the Msyor conld- ses the crowd in -the hall, and 60 influencod as to clean out the whole Augean stable. He would like to té0 half & dozen business men go to Springfiald 0d etay there till the Board of Police was cleared ont. They had not much to expect from somo of tio Representatives there. One of them—Ronntree—he had seen come out of North Clark street saloon, wipinfi This liyu, afler consorting with law-breakers. He concluded by uging the audience to vote &s well as cheer, 1ot lose their enthusiasm by fall. General Stiles, Dr. Gollier, John Wontworth, Thomas Hoyne, Dr. Davis, Charlea H. Bood, and Dr. Kittredgo wore called for. E - EETNOLDS TRIES TO ORATE. Bince none of them responded, the celebrated sxctioneer, Reynolds, started t0 talk, and the owd began to yell. During a temporary lull he offered the fol- g: Towin, [Resoleed, That the best interests of the people of the Tadted States demand that we organize ¥ retmion for 816, to get 1id of our party prejudices. 3 Resolved, That the best interests of the country de- and that'no office n £he gift of the peopls should I&eive any more for their salaries than ths prorats urnings of the people. Mr. Reynolds left the platform. SPEECK OF IIOX. JOHY WENTWORTH. Jobn Wentworth said if he scemed émbar- Tueed it was sinco he hnd 80 much to say, and et did not want to detain them. Then ha was invoived personally in the controversy, as was hisdead friend Mayor Sherman, who could not fpeak for himself. ~He had talked to Chicagoans 107 many years, and never dared to faco oo au- dience and keep back his honest sentiments, was a_ popular Government, and they ¥eze responsible to God and thoir fellow-men. n euch a gathering one saw all classes and con- ditions of men, .u§ yet one specch had to be adsto ll. Tt was hard to entertain all. The Way was to introduce a subject which in- ed If there was one which touched ALl it was the protection of their homes, fami- themsolves, end tho law. If they on that point they might interest s another. The enforcement of the law was e vital question. The other day & lady, while O at his farm, gaid sho had been at & femals g:dfu-meefing, and had heard a prayer that God would strongthen the Mayor's hands, snd Y8 wanted to know what it meant. When he was Yayor ha never toolk an- appeal to that tribrinal. ’fl“ Sunday .he went zE"ihmn, 83 ' usnal, W mstor resd s nmotice thal. all the} were * in favor of strengthening Mayor in every good work wonld meet some finnm week. = Ho'decided he" would go. e oo asked him why the churches were all Tag 5,00 the psople to eustein the Mayor. Why e ] ROVer been called on before? Business mfih./luked him the object of the meeting. to feed & gang of political bummers and thieves. The laws werd wrong. The peoplo_ clected ko Iaw-makors, and thoy must rectify the evil. Peoplo who. held offic wero not Like soldicrs in war’ The latter went wherever Generals dare lead. In jlmhlim, Generals dared to go whero the people lead. For ton years tho bum- mer clement ruled Chicago, and the politicians went where tho bummers led. Let tho peoplo riso, ard the politicians would follow them. The way the police Captains gave up would not_be a beginning to Lho way tho politicians would sur- render. Thero hed been no hesd to the City Gov- crnent for ten years, There wero Doards here snd boards thero, but no responsibility. ‘The Government was like a eca serpent—a hundred tails and no head. - It was all circumlocution and delay. Hosw miuch better if ono could go to the Mayor nnd eay “T hold you responeible for this.” The Prevident headed the Netional, and the Governor the Btate police. Whet was the ugo of the Mayor, excopt o sit down to a dinner to _some ! distinguished guost? The Mayor had beon intentionally stripped of power for the interest of = the worst classes. Tho =real question was, . sbould the city have a head. Increased taxation and in- subordination hed eriken from the fact that the Mayor could do dothing without submitting it toa Board of thres. Hahad been on the Po- lice Board. Tt originated with tho gambli g fra- ternity- who copied the New York Jaw. They wanted nothing done till it had been acted on by the Board, so that they comld get carly in- telligence. The . gamblers = wero making more money now than any other peo- plo, and Washburn's fault was that he No_matter how honect the Polico Board, the gamblers always leamed of -its deliberations. 1johad found that that s7as the caso when he was 2 momberof the Bostd. An effort to geta law passed to curo it failed, The summer befors the fire, the cornor of Dear- born 2nd Randolph was confiscated by the gam- interfered with them. blore. After the.fire thoy seized on Canul and Madison, and stoos there in the vory sight = of the police. Yot of all” closses fhe professional gamblera were the wcrst. Never had a boy who got o taste for gambling . recovered from it. Howsas on the road to hell tho moment ho entered & gambling-ghop. Ho knew what lie was talking of. They ought to makeit a Penitentiary offenco for 8 man iogiven false name when arrested. Often it was ‘wondered why some merchauts failed, or .clerk absconde and- no ome Imew that for a year he had been weekly hauled out of a gaming-houso. IZ aoll were forced to give their true names, the evil would be scen at once. The City Government was a circumlocution offics for the rascals. If they sent s mew: charter to Springfield, they must sond a guard with it. Mr. Medill did ail he could, but ho had not powor eaongh. They mpst have a mew charter. There were many offenders whom the Iaws did not now reach. He would give the Mayor great power; give him a one-year term and make Lim Ineligible. The question was between tax pay- ers and tax-eators. The papers werc telling what was to be done by the police. They shounld -change that so that the papors should tell what had been done. They might compare the old daya when the Mayor had ower, and they must taxation was and thero waa better order. IHalf of the police were excellent. - For tho other half, it made no difference whether they were on cr off. . They bad failed at cverything else, and 80 supposod they wero fit for police men. One .old policeman hsd ssked him if it was right o should bo turned out in tho cold, and the speaker suggested that ho had better go to the Poor House, and not protend to be o policerman, when bo could not. He had called the attentlon of others, who bad been soldicrs, {0 what they endured in_tho ermy and how they had to obey, but one of them replicd thet that was not politics. Why, thon, should not the Mayor, being xeslgonsi!:lo to tholaw, have tho samo powers as President or Governor. The prosent emergency had come later than he ox- pected, but, latoas it was, bo waa glad he bad ived to seo it, and hoped henceforth the City of Ohicago would remain one of law and order, and the peaple wonld retain their supremacy over the bummers. The fire ordinance mob had hurt tho credit of the city by millions. It nover would have bapponed with s good police. and & Mayor who Lad power, forall bulllesand ruffians are cowards. € THE RESOLUTIONS. The Committce onBesolutions then submitted the following Resolved, That we heartily approve of the acts of the Folice Commissloners, regurding it 18 s measure 1o tho Interest™of lsw and order, and_demanded by the highest considerations of publie policy. Resolved, That wo are opposed to the repeal of the Iaiv knownas the “Mayor'a bill,” belleving that tho exigencies of our municipal affairs demand & wise 2ad Judicious exercize of its provisions. Resolved, That in the judgment of this meeting the bost interests of the city require that tho Beard of Police Commissioners bé abolished. [Applau=e.) Resolved, That we respectfully ask our Senatora and Representatives in the General Assembly of the State 1o uso their influence and their votesto securs tha g of 8 law in accordance with the spirit and in- t of the above resolution. Resolved, That this meoting respectfully requests that Mayor Medill, while forgiving nnd forgotting past insubordination, eball not restore the insubordinat to tho posts forfeited by them, butshould fill their places with honest and loyal men. [Applause.) Resolred, That the citizens of Chicago expect and ds- mand that'the May:. -.nd all others charged with ofii- cial duties In the premises,will fearlessly and faitnfully execute the Sunday Liguor law, and that the licenses of all who persistently violate said law ahall be revoked upon conviction, 35 required_ by the city ordinances, and also that he be requested to close all gambling sa- loons with the arm of thelaw. [Applauze.] REXARES OF MB. BESLEY. A Mr, Besley said the Mayor had faltered abont enforcing the_Sunday. Liquor law. He had been influenced & little by the bummer ele- ment. It was pleasant to sce that he had re- traced his steps and was socking the ways of righteousness. Now all good men hold out their hasds {lu him and assor I!;\m of rthci:dmnrn.l and physical support. - every wi two - hundred men wero ready to do patrol duty, snd -Y.h?iy were ablo to sbut up saloons and gaming houscs. That error of the Mayor’ cournge, and they proposed to open Sunday and have a bacchanalia. They had more political influenco than the pastors, for they managed better. Hereafter, in_local elections, they should pay no regard to politics, but einfi)ly ‘choose good men. If the~ expected a good -nicipal Government they must put politics on ore side; 3 The resolutions were adopted. SPEECK OF REV. MR, KITTREDGE. The Rev. Dr. Kittredge had a little to sey. Tho_representative of the Chicago churches, . Wentworth, had covered tho whole ground. Ho entered his protest againstany allusion to any past course of the Mayor. [“Amen."] Ho was on a committeo that called on the Mayot, but no uestion of that entered his mind fo-night. ‘Whatever differences had existed werc honest differences of opinion.” When he stood shoulder »to ehonlder with the fricnds of law and order, as he then thought he did, they should have only words of gratitude for his course. Tho speaker then warmly eulogized Superintendent Wash- burn, and belioved the prosont trouble was ‘greatly due to the fact that he would not ally g:mneff with gamblers. When it was found ho .could mot be used, the Commiseioners ‘thought him an uncomfortable man fo have near them. He felt that they gehould ‘ also ay to Elmer Washburn, young man as he wes, and with so slender a form, that tho citi- zens were with bim and appreciated what he was doing. CONCLUSION. A letter was read from C. C. Bonney, express- -ing his regret at his inability to sttend. %n motion of Mr. Wentworth, three cheers were given for Washburn. Three cheers were given for Mr. Wentworth. ° The meeting then adjourned. for (.h:e Mayor and Taxes. The Stats and county taxes on . real estate and per- conal property, for ‘the year 1872, are now dusand payatlo at the places designated ‘below. Undor the new Iaw the time for the collection of thess taxes ia sbont half what it has been in former years, all hoving 10 b0 paid before tho 10th of Aferch. ~ Checks sont in ‘payment of taxes must be certified. . Jonx V. TaPray, Collector South Chicago ; office, No. 161 LaSalle stree Gollector West-Chicago: ofion, "movmes Halsted 5 of Bandoiph streets, O Cormer Halsted and 5 - Jomun B. Warss, Callscter North Chicago; office, No. 183 North Olark S ———— Dr. Jayne's Ezpectorant. Don't wait for a cold to go sway of ltself, for your throat and lungs may become 20 irritated and nflzmed. from the accompanging couugh that bronehitis or con- sumption may set in before you are conscious of daz- ger: Rather get clear of vour cald at once by using Dr. Joyne's Expectorant, A good remeds for locsening a cough and - promoting expectoration, as well as for healing and strengtheniog tho surface of tho throat and lungs, Sold everywhercl. R _— 4 . To Shippers of Freight. “T'he attention of shippers of freight is called to the . advertiscment of tke opening for business of the Chi- d gnt had turned ont Reno and Klokke, .ml;fl in Herting and Holden. The mzeifig ki thelast, Hoknow themall well, 200 differenco in the four.. What was the. enlty ? It was not one of men. Itwns s qm""hxhflfl _;; law mhd &rde{h—bemen ‘;un-%x:&m 3 ers—whether the money should stay” 88 peonla's ooakets Hli weadad. ar faban ooy, cago & Milwaukeo Railroad. The Company will do- liver frelgat to all points on itsline in Wisconsin, Towa, and Minnezota. e ———— —The latest gift emterprise in Eentucky is composed of =apple fritters with-{ewelry in Mayorin emoving two members of the Board of |. s had jnspired tho liquor men with' THE LAW COURTS. Yesterday’s Proceedings in the Va- rious Courts, A Claimant for an Earldom in Quest of Justice. AMarricd' When Drunk; Repented Whea Saber. Suit in Chancery to Set Aside a Tax Sale. Proceedings in Bankruptcy--}is- | ccllaneous Notes of Ene terest. A CLAIMANT FOR AN EABLDOX IN COUBT. James F. Gyles, o gentleman who lays claim to a Scottish earldom, is perfecting his title thereto, and is #aid by those who have looked into the matter to want only sufficient pecuniary aid to obtain the means of making outa good case, is just at present secking 10,000 a the bands of Oswald Kubitschky, Charles Harmann, and Jobn Shoemaker," on an action in trespase on tho caso, for damages for breaking into his house, No. 48 North Carpenter stroot. Mr. Grles chnrges the, defendants with having en- terod his residence by forco, torn down doors, broken open closets, and destroyed the furniture end filtings,. at the samo timo meiing a loud disturbance, thus occupying the premises, to the terror of {he inmates, for upwards of - threo hours, taking with them at their departure woanring apparel, books, and other property valued 2t upwards of $200. Tho suit is nota new one, and tho details are fa- ‘miliar {o many of the kabilues of tho Court, but it ia to bo newly begun, the fist papors being filod in the Superior Court yesterday. CAN BUCH THINGS BE? John F.dMoran affirms, in a bill for- divorco from his wife, Bridgoet that Le was married to her whilst in a stato of intoxication. He does not give those details as to the official who ven- tured to perform the ceremony under such cir- cumstances, which the Court will doubtless re- quiro before granting the relief prayed for. Ho simply asserts, “your orator was induced to marry her by others, whilst your orator was in a stote of intoxication, and your orator did mot Jmow what ho was doing at the time, but s soon a3 ho bocame sober and realized his condition, he loft her; but sometime theraafter, he was in- duced throngh Ler, and her fricods’ entreat- ment, to Lve with her sgain, on tho ss- suranco that she would in fature lead a moral lifo (sho bad been & woman of ovilrepute, and bo 3 good wife to him ; but that, notwithstanding this, sho again fcll into her old conduct, became moro gross and vulgar in ‘morals and manner, and violent in passion,” and he again left her, to sue for divorce, to have un- done for him by the Judge what his own vicious ‘habits had brooght upon him. ¢ Marry in haste and divorce at leisurc” is the easy philosophy of thege fellows. IL seems incrediEle that this man’s sworn statement thet o was united to tho woman whilst 80 intoxicated us o Le ignorant of +what he was doing, can be truo ; and impossiblo that such things can be, in the ninetsenth con- tary, and in the most progressive city of the age. TAX FALES CARBIED TO CHANCERY. The first of probably a largo number of appli- cations to Chancery to declars null and void sales of property for taxes under judgments at common law, was yesterday made to tho Suporior Court by Addio A. Attwood, owner of Lot 20, and tho south 5 fect of Lot 21 in Elijah Smith’s Bubdivision of part of tho west hall of Block 92 in Canal Trustecs’ Subdivision of the west haif of Section 27, Township 39, 14. Complainant shows that at tho March term of the Court, in 1871, Willizm J. Onaban, then Collector, mnde » roport of the following taxes and sasessments remaining unpaid_on the complain- ant's property, namely, for widoning Michigan avenus from Twenty-second to Thirty-sccond stroet, $20£.91 on Lot 20, and £59.18 on Lot 21 ; for gravelling Michigan avenuo from Twents- second etreet to 1zan avenue, on Lot 20, £30.8%, and on Lot 21, £5.25; and general tax on all the property, $69.20, For these various sums tho Dproperty (on which is situated the rosidence of .ihe complainsat snd her family) wes sold, undor. judgments by tho Court, to John Torsyth, who mnow refuzes redemption for' a less eum than £609, intimating his intention, in the cvent of Lor not paying that sum, of appiying to the County Cierk for a deed nt tho oxpiration of tho two years. Com- plainant affirms to the Court that sho is advised that this sale was not good in law, and that she i prepared to redcem by Lhe repyment to For- Eytheof whnt is just and equitable, and she prays that the zale bo got nside as null and void, and that Forsythe bo restreined applying for, and the County Clerk from granting, such tax deed. The Court granted a temporary injunc- tion, pending tho Learing of the causo. BIGAMY. Onthe22d of July, 1573, Ida Fravke was joined in marriage, bofore s Chicago Justice of the Pesce, to Heary, otherwise Heinrich, Brandt, an amisble German who had captivate her yoarning affections efter a short but bril- liantly successful smorous campaign. Tho happy couple retired to - their lodgings smong the peoplo of their nation, and the time sped slong quite comfortably until the 20th day of Inst month, when an inquisitive female poked her nose into the affairs of the Brandt family to such good purpose that Hoinrich soon stood confessed 8 doubly-narried Germea. _'Tho inquisitive female was none other than Damo Rumor ; and hor revelations were of sucha char- acter that inquiry was immediately sot on foot that resulted in its bsing discovered that there lives in the City of Wandsbeck, Gormany, one Mnria Brandt, who was duly married to the same Henry, on or sbont the 1st dzy of Jsuuary, 186, at tho City of Pinnoburg, noar Hemburg, Ger- many. The Chicago wifo having satiaficd Ler- gelf of this fact, at ouco left her husband’s resi- dence, to which she refuses to return; aud sho now prays the Court to divorce Ler, the offence of bigamy boing committed in this State, IN BANEKRUPTCY. The Court yesterday denied the potition of Greensfielder Rosenthal et al. for the return of goods scized by the Sheriff to satisfy an execu- fion levied upon & judgment at thoir suit ageinst Peter Adler ge(om his bankruptey, amounting to £1,053.14, which goods the Marehal took from the Sherifl, upon the order of the Court, when Adler went into baukruptcy, 2nd now holds ; and gave leave to the petitionors to prove: their claim before the Register in the usual manner. David and . I. Bskeloy and Charles L. Soy- mour, proprietors of the Euvening Post, yoster- Gay etitioned the Court to dircct the Assigneo of Root & Cady to show cause why he should not pay them in full tho sum of $209.83 for printing 8 number of the Song Alessenger, be- longing to the firm, which .they had been in- duced to continue to print at tho earncst repre- sentation of the parties that tho publication wag oneof the most valuable asects of tho estate, and that to preserve its valuo tho issuo must not be suspended. Tho Assignee was ruled to show e, c“'g.“ue order of dismiesal in tho matter of Francis M. Ellis et al. was yssterday made absolute. Teavo was given, yosterday, tothe Assignee of the German Insurance Company to take tho testimony of Simon Florsheim in tho mattar of " tho Milleman claim. 30SCELLANEOUS NOTES. - The employes of the Fertilizing Company who swere recently arrested by the Hydo Park police for violation of the polico regulations of the vil- lage respecting tho Eerisge and deposit of offal, namely, Rober: W. Ralston, Christian Quinn, Charles Nass, Manuet Latriy, Henry Fisher, an Poter Gehermnn, yeaterday commenced guit in casg, for damages, $3,000 exch, ngainst James H. Bowon, Daniel 1. Howe, Wiiliam Swinbura, and David McDole. " Charles A. Greggory, yesterdsy, commenced .action in nssumpsit against the Riverside Im- rovement Company in 15,000, on tho follow- gxg notes, payable to the orderof Emory BE. Childs, and indorsed to the plaintiff, viz.: for 5,000, dated May 29, 1872, for cight montls, with 10 per cent intereat ; for 85,000, eams date, sama term, aud same interost, and for £2,500, eeme date, eame term, and same interest. In the United Siates Circuit Ccurt, Lovering ¥. Olsen, an_action in ojectment, 18 om trisl. Judce Troeis still hearing Hamoton v. Mills, -and removed his property. Tho other partuer is which will be followed by 154, Greencbaum v. Gege. Judgo Dooth is engaged in iiaring Jaquesv. Weller. Judge Rogers will prouatiy get through with Miller v. The Chicago, Alton & Et, Louis Railroad caso to-day. Ambrose Plamandor yesterdsy obtsined an attachment againss Ells & Co. .for $310.23, for work and material supplied, oa afidavit ali:m- ing that James Ells has departed from ths Stato F. 8. Kellogg. United States Marshal Campbell, and 8. H. Tourtelotte, one of his Deputics, were yesterday tho recipients of a summons to lpgenx in the Circuit Court at the suit of Andrew J. Bulliven, in an action in case, $10,000 damages, 0'Neill Brothers yesterday commenced suit in sssumpsit in the Superior Court, damages 5,000, ngainst Thomas W. Hall, for labor and edvances in the construction of three dwelling- b&u!t:‘ at tho corner of Lincoln and Washington streo The examination of the claim against the Re- ceiver of the Lorillard_Insuranco Company of Neiw York of nearly $25,000, 2gainst tho Repub- lic Insurance Company, before Register Hib- bard, was yeatorday continued, end will shortly be reported to the Court. All cascs ponding on the chencery side of the Circnit Court, docketed before the fire, must bo redocketed, and bills and petitious, or copics, be filed before tho first Mondey of April noxt, not the first Monday of Aaguet, as printed befcre. Mr. Lauor, Clerk of Judze Gary's Court, has ‘been directed by Judgo Gary. during HisHonor's absence at tho Criminal Court, to estend tho time to plead, in cases where writton eppearance i entored, until the 17th inetant. A verdict of £7,197.78 was found for the tiff, yesterday, in the United States Circuit Cotrt, in Manning Leonard v. Edwin L. lien- dell, dn setion in assampsit on notes. _ Judge Treo yesterday issucd orders for n special veniro for tweniy-four jurors, tho lists furnished by the Commissioners of Cook Couuty being exhauated. F In the Criminal Court an order was medo on J. G. Larson to pay $50 per year, for9 vears, for the suprort of theillegitimatechild of Sophia Windlung. Ann Nolan and her husband, yest: brought suit against the firm of Goodwin, & Co., in trespass on the caso, damages Judge Drummond, now. presiding in the United Stutes Circuit Court, intonds to call twenty cases cach dey. Judgment wis given for $3,200, yesterday, by | Judge Booth, in Thomas v. the Commercial In- surance Company. NEW SUITS. UsmED Hrates Cmorrr CovnT—Mary E, Rich- mond, executx of D Rclumond, deceased,'. Tliomas Parker ; ejeciwent, . ~5,761—Smith v. Manaur ; THE ' Clrourr oppeal. 5,762—Thomss S, Dolbins v, Peter MeNult; chré ian o and Mattlew Moran; ajcctinent, $500. 6,763 Quian v. Jsmes 1, Bowen, DI, H. Howa, Wez, burn, end David 3XcDole; trosmiss, 85,000 6, Robt! W, Rainton v, Samo ; 'same, 35,600, 5,765~ Clar, Nass v. Same ;_reme, £5,000, _5.760—Manuel Patrty v, Bamo ; eame, 85,030, 5,737—11y. Fisker v, Game; eame, §5,000 5,758 —Peter Geberman v, Bame; same, $,000. 6, 700—Augusts v. John Metz- ger; | divorco . gnd - custody of | the Truti of the marriage, Cuasles, agod 10 days; on tho ground of cruelty commencing in June, 1812 The parties wero married in March, 1873, 6,7i0—Aaron Cahn et al. v. Lonis Hefter and Henry o3 sumpsit, 1,003, £,771—Ann and James Nolan'v. John Goodin and Henry L. Pasco; case, §5,000. 5,573— Henry J, Clements v, Conrad Schricll, mechanic’s len on the building oa Nerth Wells street, corner of Me- nomonee strest. 5,773—Andrew J. Sallivan v. Banja- ‘min H. Campbell and Stephen H. Tourtelott; case, $10,000, '5,774—Clarles A. Grego:y v. Riverside Tm- provement Company ; assumpsit, $15,00. 6,7-5—Scth 1B. Howes v, Jacob Larrls . assuritpsit, $1,50, Taz Sopenton COURT—42,189—Addie 'A. Atwood v. Jolin Forsythe and Joseph Foilzi;. Lill to reatrnin the giving of a decd by Pollzk to Forsytho, under a tax sale of con:plainani’s promiscs, and to doclare tho said eale null and void. (S°z nofes,) 42,190—Tds v. Henry or Heinrich Brandt ; divorca on tho ground of bigamy. 42,151—John F. v, Bridget F. Morsn ; divorce, 42,193 Arthur D, and Pairick 1, ONell v. Thomas W, Hall; essumpsit, $5,000. 42,193—Hatch, Holbrook & Co. v. Frederick diiller snd Hy, Nass, partners; asaumps! $:00._42,154—Ambroso Plamander v. Jarkes Ellis an ¥, §, Kellogg, otherwisn Ellln & Cos aseumpsit, $500, 43,155—James M. Buell v. Joseph feld ; astumpait, £160, 43,196—The Frear Stone Manufactur- ing Company 7. Rafph Emerson, Willlam E. Hale, Tim- othy Wright, Solomon Hancock, William ¥. Drapor, George Druper, Francls T. Wheeler, Gardiner . Brown, S, G. Fisher, and R, C, Fisher; mechanicla lien on’ the foulliest corner of Slate and Washington streets, for 5,175, 42,197—Dernhard Moss v. Joha Miller and all khomn 1t ‘may concern; petition to ec- tablish and confirm-title to Lots 21 and 22, n Block 5, all in the firat divizion of Riverside; and Lotd 1,088, 1,039, aud 1,000 in Block 23 in tio third division, 2,103—Bernaza Bulizhetmer v, Iy, Greonclaum et al'; eame, ca regards_ Lot 1091, in Biock 29, in'the Third Division of Diverstie, and Lots 23 and 21, in Block 5, in the First Division, 42,199 Bornhar Stocle v. Abram I, Covert, Jno. D, Frhiman, and all whom 3f may concern; sare ga regards part of the southwest ¥ of Section 33, Townehip 41, 12, bounded ea described in ths Dl 42300—Surviving partzers of T. Luce & Co, for uze of Mason, Luce & Co. v. Hr. F. Eidred ; polition o restors_judginent of ¥eb, 6, 1871 in T. Luce & Co. v. By, F, Eldred. 43,001—Wardoo v, Heimibach; appeal. 42,00—North Ludington Com- pany v. Etizabeth Scrofield; petition for mechsnica Jienon Lota 24 and 25, Block 4, in F. . Winston's subdivision of tho sonth 32 acres of the wet X of tho soutliwest & of Soction 3, Township 38, 4. *42,005— James . Gylcs v. Oawald Kubitachicy, 'Charles’ Har- ‘mann, end John Shoemnker; case, §10,000. g s LAKE FOREST. Lyceum Lectnres, Examinations, nnd Lit- crary Exerclses Inthe Academy, Etce The boautiful suburban city of Lake Forest is rapidly becoming s contro of literary, social, and educ “ional attractions. Some of the recent on- tainments given there are the following: A fow weoks eince Professor R. L. Camnoch, under the auspices of tho Young Aen’s Literary Society of the Academy, gave very fino readings to & large and delighted audionce in the church. The first two lectures of the Young Men's Ly- ceum Course have also been given by Rov. Dr. Towlor, Rev. Mr. Kittredge, and Judge Will- iams, of Chicago. ; On Jan. 24 and 25, Professor Sanborn Tennoy; of Williems College, gavo very interest- ing and instructive lectures before the Na Histos Society of the Academy on “ Corals 2nd Coral Islands” and on * Tle Coal Formatious.” On onday ovening following he ave a vory cotertaining lecture on “ Yozomite,” in the Young Ladies’ Seminary, Ferry Hall, On tho 28th and 29th tho various classes in the Academy wero cxamined, this being the closo of tho first half-year session. On Wednesday even- ing Professor and Mrs. Allen gave a recoption to the pupils of the litorary institutions aud citi~ zens of tho placo, which' was largely attended and a very enjoyable occasion. On Thuredsy evening tho closing literary ex- erciges took plece in the Academy, and were of & high order of merit. They wore somewhat lengthy, moro than two hours, yet none in the crowded audienco seemed to be weary. It was remarked by somo who wers present “that they had nover heard bettor speaking 1a any Eczstern College. Professor Cumnoch has been omployed by the Academy as teacher of tiocu- tion, and ths students show tho effects Jf his skilful training, “ Crime Its Own Detector,” an oxtract from one of Webster's celebrated speeches, was ad- mirably rondered by Mr, Kerr. “ The Prisoner of Chillon” was eloguently de- livered h% Mr. Elsing. : “ The Plea of Sergesnt Buzfuz,” from Pick- wick, was inimitably presented by Master Paul- sen. " All tho speakers distinguished themselves. The music of tho evening, both instrumental snd vocal, was good, MMrs, Walker, of Chi- cago, mother of the Professor of Music in the Academy, sang several pieces, and was frequently and enthusiastically applauded. The exercises of the evening closed by a read- ing from DLickons by Professor Cumnoch, in which “ Berouge and Marley” wera finely deli eated. Thin vas probably the very. besf eater- tainment ever given Ly.tho pupils of Lake For- est Acadomy. During the last three years, under the man- agement of Professor Allen, the Acndemy Las become widely and favorably knmovn for its thorongh and’ critical mothods of instruction. It is to-dsy in & better condition for effective work than ever beforo. Those boys sud young men who can enjoy its edvantages are Ifrinlu.ta. Niagora Ship Canal--A New Canadian Projccte-Xrom Chipperwra to Queens- TOke From the Niagara Falls Gazettr, Our neighbors at Clifton held a % evening in the interest of 4 profect to dig & s from Chippcwa to Queeniton. The mer! drossed by the Hon,'John T. Bush and resolutions wire adopted ceking for & Governrmant sur- vey and appropriation, Theadvocates of thia iraprove- ‘ment stato that the formation of the section through which it wonld a8y is very fsvurable; that thero worid be littio or no rock cxcavation, and that the depth aced not be much more than is required for euficient depth Of water: consequently the cot would not bo compuratively farge, 1tis contemplated to utilize the water at various piaces nlong tic route for manufacturing_ purposes, The lergest proportiod of cost would of couree ‘be at Queenston. The entire cost is estimated 3t much less than for the enlarge ment of the Welland Cual. Except a8 to cot, tiis would be ‘very mucl ke the cd ehip cab Tinside, The fadicatioas mowars ihatthe X will be in courss of construction €9 Joog, Shi) snd when finiihed thero will ba no meed fo- farther facilitios of » similar cburacter on tho other sldc. MUNN & SCOTT. The Cook County National Bank Tail to Recover Tho Silent Partners Held to Bo Irre- spousible for Muon & Scott's Debds. Application of the Law to Dormant Members of Firms, Opinion of Judges Hopking and Blodgett. In tho United Biates District Court, yesterday morning, Judge Hopkins delivered {ho joint opinion of the Court in the Munn & Seott case. Before doing so he read the following COMMUNICATION FROXM MR. ARYOUR I wish to stato a8 a correction of my testimony that when asked if I know of any otler obligations mda in the name of Muan & Scot: in beluif of tho elevator firm X znswered no, 1 stould bave answered that 1 did not unless note given for coal of about £3,500, to Lo used at the elevztors, and s note for Fome machinery to boussdat the elovators, were such inetauces, I answered truly at the time, 80 far2s I remembered, but my memory has Leen refreshed slnceinn convers eation with 2Ir. Wheeler. T desire to be entirely acca- rate, and therefore Lia statement and wil answer fusther if the parties wish me fo d Gronaz Ansoun, Tagros that the forcgoing mey bo_ flled 18 o part of the evidence, Geonax C, CaxreELL, Attorney for the Petilionsr, THE COURT THEN SAID : In order to s clear undorstanding of onr deriion, it will bo noceseary (o state the issues betwecn tho par- tiea and the facts eatablished by the evidenco to somo extent. The Cook County National ank fiied a peti- tion in barkraptcy against the firm of Munn & Scott, in wlich they atlego (hat such firm is compored of Ira ¥. Munn, George L. Scott, George_Armour, Albert H. Munger, Hiram Whieler, Cliarles W, Wheeler, Geo:zo T, Whetler, James B, McRay, Perry H. Smith, tad George L. Dunlap, and charge (hat_ tieso partics sro indebted fo the bank upon two notes of $5,000 executed by and in tho pame of Munn & Secott; one dated Aug. 14, 1872, dns ninety dags, payzble to Gedrga I, Chittenden or order ; tho other 'hearing date on tho 14th of Octoler, 1872, due Jn ninety doye, paynble to raid benk, execufed by Munn & Seott. he petitionem set upas acts of bankruptey, first, fhat the firm of Munn & Scott, befng traders, had stoppod payment of thelr commercial papor (thw notes described), ond bad Dot resumed within a rerfod of fourteen duyr, or up o the timo of filing tho Fatition 3 sccond, that the firm of Munn & Scott, on to 23d o Beptember, 1872, transferred s froperty £od effects to George Armour & Co., 8 firm zlleged to be composed of all tho parlles constituting the £rm of Munn & Scott, ~excopt I Y, Muan = and Georgs L. Seott, with intent to delsy snd bizder tho creditors of the firm of Muau & Scotc; third, thot {be firm of Munn & Scott, ou the 23d of Scptember, 1872, transferred to George Armour k& Co., or George Armour and others, for its use, 211 the prog- erty and_assete, to hinder and delay tlie eroditors of Munn & Scoit. The prayer of tho petitioner fe, that thé firm of Munn & Scott, consisting of the persous named in the petition, may bo adjudged bankrupts, Al the partics Damed, ‘except Ira Y. Aunn and George L, Scott, ap- peared and filed answers, denying their Lability upon the notes sct up, denying that they executed the notes, or _that they were ever members of the firm of Monn & Scott, who executed the notes, and denying all the acts of bankruptcy etated in the petition. Upon the issues thus jolaed the parties proceed to trial, Jiy the testimony introduced, it appears that, befors 1854, Tra Y. Muzm 30 George L. Scott, under the firm name of Munn & Scott, owned and wers iaterested in various eleyators in tho city, and were doipg under that name the business of recelving, storicg, shipbing, busing and selling grain, and a gemeral commission ‘business. It also appears thet a portion of thoe other parties wero dofug » like business under other Dames, and distinet from Musn & Brott : that in Scptember, 864, Munn & Scott, aad the pariles owning and doing Dusthess ot tho ot clevators in this city, entered ir- to o contract whereby they cgreed fo “stock tho wsch of heir elevators, wd to eafuge 3 partners in receiving, rtoring, ond ehip- ping grain, and to divide tho profits of Buch business sccording to certain terma meotioned in the egreement, That agreement relates ouly to tho ‘Dustness of recelving, storisg, and ehipping grain, in- cluding the keeping In rcpair the elevators and ms- chinery therein znd paying the expeutes of such re- s nd the rebulldiug in cise of destruction, Tha uniness wea to bo cacried on widsr two names ; that gt the elevators known as the Northwestern, Munn & Scott, City 8ud Union 1 tho name cf Muan & Scott, and that at tho elevators on the North Stde in the namo of Mungor, Wheeler & Co. Tisceipts for grain received in the clevators first named were to be ezocuzed in i name of Munn & Scott, sad at the Iattur in the nama of Munger, Wheeler & Co,, the esrnings of 2l to bo treated na belopging to omo 1 or “pooled,” ss it was called, and divided 1u certain greed portiors after paying the exs penses of transacticy the business. It appears thot the business of receiving, storing, and shipping grain was done tn that way by that firni until the =d of Sep- tember, 1672, Some new porties baving been intro- duced foto the fiem from tima to time, 50 that at tho time of the date,of the firet note mentioned in the peti- tion, the purties'named in the petition wero menibers ofand composed the firm. Afier tho formation of that partnership to do the elevator businese, Ira ¥: unn and Georgo L. Scott, under the name of Muxn £ Scott, continiied to do busine-s 88 o firm ontside of the elevator business—cngaged in buying and selling grain and _produco and otLer spoculations wholly distinct from the elevator businees, and in which tho pertles composing the elyvator frm Liad o interest or connection whatever, It also apncars that n 1855 or 1866 Alunn & Seott_entered into a part- pership with other partics under the firm nameof Munn, Norton & Scotf, which Inst firm engaged ins general commisrion busincas, The frm of Munn & Beott, composcd of Ira Y. Munn and Georgo L. Scott, alone continued to do business mntil the bankruptey proceodings wera commenced agatnst fho fim of Mann, Norton & Scott, on orabout the 1st of Novezber fast, It does not appear that it was known to others than the menmbers of the firm themselves,who composed the firm dotng warehouse or clevator busines, until after bankmptey procesdings wero commenced sgaiust Manc; Rofton & Scott; A portion of the warehouse Tecelpta were slgned_“ Munn & Ecott,” and another portion_* Munger, Wheeler & Co.” There 13 no evi- dence that the public, or the dealers with the firm, Jnow wh?> or fhiat any other persons wero jnterested in that husiness {ban the parties whose names appeared pon the receipts, or {hat the txo frma were composed of the eame parties. Afr. Munn swesrs ho Tover gave s note for that firm or in the elevator business, or note Hhat ho meant or understood bound anybody but him- self and Mr. Scott; and Mr. onr, anotler member of the firm, sore Dona Wwas ever given by Munn & Beolt, to Lis lmewledge, es- cept two, ono being for auppliss, and the other for ma- chinery, to bo used in the elevator businets, Nor does it appear that tho clevator firm ever did any other busi- Tees, or wers intereated In any Dusiness except tho re- ceiving, storing, and shipping of grain, as mentioned in their articles of partnership, So far s the evidenco produced goes, that Company never {ncurred ooy lis- bility in any othor manncr or form than by giving warehouso reccipts for grain stored in thelr elevators, ‘except Auch 25 thoy incurred for frelght on grain storcd, or for expenees incidental to conducting thotr busi- ness; whilo Munn & Scott, 88 a ceparate firm, Were {Joing & businesn of buying and eclling grain’in the market, nnd in that way snd Lusiness wero using ~ their firm and individual credit to -quite s lirgo extent, ca waa also the firm of unn, Norton & Scott; that both of theea firms were in g« credit until the latter part of Ao~ gust last, when ey became involved in a wheat cor- Ter,” which broke them and rendered them insolvent. Theso are the facts, a8 established by the evidence, in relation 1o tho partacrship of the respondents and the business dono by them as such partners. The evl- deace 58 to Terry H. Smith’s snd Georgo L, Dunlap's connection with the firm i very slight, but in view of the course pursucd upon the trial it may,in the sbeenco of smy rebutting testiziony, be considered as gufficient, 1t is praferable also to disposo of this case apon the merits, rather then upon & technical ~objec- tion of tiat kind taken after flo ~cloce of the trial or evidence. If the counsel for the pet- tioner had omitted to inquire of the parties when upon the stand particalarly in reference to their befng mem- bers, under tho impression that it had been proven, the Court would have allowed him to supplyit even after tho commencement of the argumentof the case, From {hesa facts it would appear thst all of the members of the elevator O, cxcept those whose names wero used wwere sllent or dormant partners, 2ad are only to ba Held liable 38 such. On the face of these notcs thie only names axe Munn & cott; tho other respondents axa Birangers o the transaction, The contract af discount o minde with 3Tann & Scott and does not per s¢ creato 3oy Nabllity as to tho others, The liability of a7 partner” oriscs from pledging his name; fr his name is _introduced the firm, thereby holding it oat as a security to the community, of from receiving profita if ho s o secret partner. Tho Srinciplo upon Which_the Zability b8 secret partner TEis if ensentially Qiffcrent from that of » known o Open pariner whoro nare appears in the business, A peeet partner i liable not becauso credit s supposed Sohava boen given to the firm by reason of his connce- oo itk 1+, ot because he is one of the contracting Pariica and benefied by the profits of the contract, 0 T ondur o chargs a secret_pactner for debts con- e tn the name of the firm of which ke s dor- mant pzricr, it i3 necessary to show that such debts Ters contracted in the name snd bnstness of the firm, ~rcs.partuer had sn interest in the coa- (5 Priors, 457 1.;_; mons ax!x c;n- Cranch, Circait -ports, 575.] Tho et I oms tut o commercial paper bad ever e given by the tirm n the mame of ‘Mann & Scott, excapt ilis £ noles beforo referred to, one being for X fPEd the othes for mashincry for the elevators, “haough thay had been {n businces aboat elght years, i wousd scom from this that their business did ot Tequizo the u=o of credit in that way, and that £ w33 e thin the ge=eral score of tlar Lusiues to 5ivd o that tho labilly of tho coatostants ensible jcriners, night bo a question of scrious e v of theso qacstione, cun it be pretended {iat the contestants are gailsy of au ack of bankraptey in pot paying thwse notes within fourtren daya aftcr otarity? {3ad thiey not Teazonable gronad to beli t lisblo uron these notes ? if avieast for 3 yeriod of fou: d 3 ¢ emrfil‘.hi; the s)’fifl:n acd :‘_x;_';?&g BanlTups & ey deey, ard in good ; Pk, thele Hability upan thesé notes, and thelr B Temioent | wndar ameh cizcoristances ahodi " would not :ava been observed 3 . after, there not bei v mot bo an ot of bank- rupley =3 my theeo contestzute, cepecizlly 28 it i shown that thoy are worth ot jeast 3 million sad aLaif of dullars, It would not Ls susticient to defeat cperction of tlie Baniruzt law 0 sizmyly deny ity upor the notes fet up; the party rmust oal the Court that he has good rezsen for disputing his lia~ bility, and that his lisbility {3 involved in doubt, at least, beforo a Dankrapt Court will refuse to procéed. The oxistence of a valid note or clum {8 fundimental, Without that » Bankrupt Conrt cannot procesd, and when z narty shows there i8 a reasonable douti npon tliat point, accompanfed with evidence of o condition the bi of eolvency in fact, and of payment of all other | just cluims and tommercial paper, and show- fug that the nor-payment complained of was simply because o not ‘owe the debt, or wax not liable upon 1, and also the further fack (iwhich sppears fn this case) that uo demsnd had ever Leen made for the payment mpon him, a Court of Bankruptcy shonld not extertsin jurisdiction, but eliould dlemies tho petition, and turn the parties over 1o pursue tha ordinzry remecies provided fn cases to collect debis of insolvent partles, A different con- struction would malre It neceamary for parties engaged in trade to pay oyery mote presented, or upon which it might be clained ey wers liablo st the risk of being thrown into bankruptey during the trial and investi- gation of thelr aliczed lbility, to the utter Tuin of thefr credit in commercizl circlos. Bach a constraction would bo subject o great abuse, snd vould oftea lead ‘to a erversion of 'the true object of fheact, This cone fruction has been very gencrzlly given by other Conrts 1o the provision cf the act uner coneideration: thls Court, also, Las heretofors eo coretrued it, and this caze 13 not of sucha character as to induce it to chznge its previouzlysexpresced opinfon in that ro- Thero 13 nn necescity for enlarglng and struining the construction o protect the righta of tho parties here, as theso contestents are chundantly sblo 10 pay the clafm of the petitioner If it shall bs decided taat they sro liable therefor; and the fdea of ad- Jullging auch men bankrupts is isking of the Court a Jucgment predicated uron altogether foo literal and tecimical w consiruction of tho -Bankruptact, Tko Courts have enough to do with without extending their iz of & purels tochnical aud The contestanie Laviog shovw, fhcrefore, & sulicfct voluntarily paring the notea described bility ehould Lo judicially deterssiced, the suspeneion of javinont for fourteen days s fiot an act of Lankruptey within the meaning of the Bankrup: zet. The question of the cortestaut’s ty 8 not intended to be abrolutely detormined in ihis cate; the view taken of tho Daulerupt act- renders that unneces eary. Tlicre was somo evidenco given, not befors men- tioncd, tending to thow that Chittenden, who procarsd the notes to bodiscounted by the petirioners, repre- zentod that the elevator ring ¥ wera all Lo thiat 2r. 3unu wo stafed when tho laat note was given ; 20 3r. Brencer, the Preafdent of the Lauk, testifies, bot M. Muon contralicts it so far as ho is concerned, and Mr. Chitienden Js not callod; the evidenco being, thierefore, Lslancad upon what occurred betwoen Munu and Speacer, and Chittenden rot belzg cailed, wo da BeE Tegord ‘tho fact as eststlished. But aven if Chittenden did say £o, be did not disclose tho namea of the partics constituting the “ ripg ;” aud there is no evidence tht the President, Mr, Spencer, then Faew who they were. Holuew that tho proceeds of tho nutes did nat go to the neo of Muna & Bcott, fora part were applied upon Chittenden's privato debt at tho thie Ealance was d=posited to Chittenden’s credit, not Lo the credit of the fina, But, taking tho fact a3 etated by r. Spencar, thezo Pyrties,or a portiva of them, are still eccret and, #a'it appoars, the proceeds of ti:e noies did not go to” tho use of the firm uf which they are membera, ADd _that they were not given fon the benefit of the firm, or in the businces cf that firm, it would nt, in our cpinion, change ma- terially the question of tho liability of such parsice, TLare are sume additionsl circumstances ehown, cal- calsted to excite & suspicion and raise a question 18 to tho real business_tranaacted by this firm, such a3 al- lowing 3unun & Scott to keep the firm’s business in tha came book thicy kept thio ctaer Uuniers of Munn & Scott, and ellowing warchot o recelpts to be signod In thename they used in thrir separate business; bui they are not siiflicient to uthorive us to hold the otler prties £0 cleariy Mallo an to requize them to have paid these notes witliont contest. Wobavo considered all theso questions, but thiey have not impreased us as of suficient oportanco to Warrantusin_holding that tho rexzondenta_aro liakle #2035 1o be procecded sgainst in bankruptey for non- pyment of thoro notes, 1t “was very impru: cat, ond hazardous, perhaps, on tho part of tie clevator firm allow a portion of their business to bo done in the nameof Munn & Scott, 88 it naturally provoked claims sgainst them cf this character. Theee petitioners themeclves could not have sup- poeed these partles liable, we think, until quite Intely, for they proved up thelr claim upon theso notes 35 ageinst Mnnu & Srott, in the bankruptey proceediogs pendiog agaiast anh, Norton & Scoit. 3 tho Prod- ent, Mr. Spencer, had understood that the persous rroceeded sguinstin this case were liabie, why prova up the ciaim aganst Munn & Scott alome, Who wero insolvent. This conduct of tho Presider! who now undertakes fo eetsblish the liability of tho contestants, beara very directly upon the question 2 to whom ho underatood at the time were linble upon theso notcs, sad bas a dircct tendency to show that ho auppozed he was discounting the notes upon the responalbilty of Muun & Bcoft lone. “Tise counsel for tho potitioners nrged as having an fmportant besring upon the guostion of liability the fact that theso coniestants, nnder tho name of George our & Co., took upallof Munn & Scott's noies Which had, aa’collaterals, the warehouso receipts of Munn & Stott, Te argudd that by ao dolog they ad- mitted thelr lisbtiity, They did undoubtedly 85 to the receipts. They took up receigts hold ns_collateral for tho notes of Munn, Norton & Scott, and it d that they had sdmitted theso motes by up the collaterals, They took upall the Warehouso recaipts of Munn & Scoit; they did not dispute their Hability upon the commerdlal paper of Muna & Scoit, ond we think they hizvo czet_such doubt upon their Eability £a to take the non-payment of thoso notes out of the operation of the Bankrupt act.. The other acta of bankruptcy are not provenas alleged. The allegation is * that the eaid firm of Munn & Beott ™ (mesuing all the parties to this proceeding) “{runsferred its property and effects to the firm of Gecrgo Armour & Ce, '—another firm. The proof is that I7a Y. Munn aud George L. Scott transferred their “{uterest in the clerators and their firm effects to George Armonr,—* for the Tse of tiie firm,"— simple transfer by two partners of their firm property to the other partners. ‘That does not support the allegstion in tho petition and if alleged, 5s proven, we do mot see how such a transfer could 'bo maintained a8 within the meaning of the bankrupt act W aro not prepared to hold stich 5 transfer to boa- fraud upon the creditors of the firm, or as hindering or delaying the creditors of the firm, or a constituting auy preference contrary to the provision of the Bank- rupt act, particularly when the firm, or the memLers corposing it, were entirely rolvent, ‘From these views it follows that tho petitioner has failed to prove the fncts stated in tho Tetition, sudthat the proceedings must be dismissed with costs, B e THE VIADUCT QUESTION Anotler Decting on the Sabject—The Fort AVayne’s Views s Procinimed by Mr. Win- cliester---A Snb-Commitzeo Appolnted to Cansult with the Railronds. Somo of the members of tho Committees on Tailroads and on Streets and Alloys of the Com- mon Council, together with Mesers. Carter and Thompson, of the Board of Public Works, and Mr. Tualey, mot yesterday efternoon in the Council Chrmber, in order to fartker consider tho viaduct question. . The adjonrned meeting was held to accommo- dato tho Fort Wayne Rozd, whoso representetive s present. - ‘“ME Winchester said he had been told by the authorities of tho road that they expected to be present; still ho knew their views. They wanted viaducts over their tracks, but didnot wieh to be st the eole expense. They did not beliove they Liad any right to build them entirely,—to go on the public street and scttlo land damages. ° The matter could ouly be_scttled amicably. If tho Council passed an ordinanco trying to forco tho road to build them, it would bavea hard jobahsad, ond 8 long litigation. The way to settlo theso things, was not in » fown meeting, but throngh soms Committeo appointed to_confer with tho roads. Ho favored the propoeition of the other Toads, and thonght it fair. Ho hoped a Sub- Committee would be sppointed to confer with tho road, and eco what vizducts were wanted, when they should be built, and how. An arrange- ment could, he believed, be casily made in that way. 2 Ayld. Dixen favored the ides of & Sub-Comanit- tee, to arrive at something defnite. "Ald. Woodman cid not e any roason why a report could not be submitted Mondey. “Ald. Powell thought that nothing dofinite had yet beon arrived at, snd he thereforo moved that tho Mayor, Board of Public Work, and Cor- poraticn Couneel be appointed a Sub-Committes to consult with the roads and mako areport heroafter. They were the bast men to take charge of tke matter. £ 'Tl'e motion wasagreed to, and themeeting ed- journed, subject to the call of the Xayor. RAUCH'S CONTRIBUTION. DR. The weekly mortality roport, submitted 2t the meeting of the Board of Health jestordey, ghowed a totel of 171 deaths, of which & oc- curred of brain disease, 10 of bronchitis, 11 of consumption, 17 of convnlsions, 4of croup, 7 of puerperzl favor, 5 of scarlet fever, 9 of men- ingitis, 6 of old sge, 14 of pneumonia, and 6 of -pox. There were, beaides, 11 azill- births. The increnzo of 38 deaths was almos: wholly emong those undor 5 years of age. A decrease of 7 deaths by Email-pox is noted. The highest desth rato was in the Ninetcenth Ward, and the lowest in the Fourth. There were reported during the week 43 hhouees infected with emall-pox, sn incresso of 9 ovar the preceding week. - Of theao 20 were in tho West Division, £ in tho_South Division, and 10 in the North Division. This incresse is acconnted for by the intensely cold weather which prevailed, tho week being next to the coldest of the ecason. The Sanitery Superin- tendant 1nclines to the opinion that cold wewther develops casce of emall-pox, which otherwigo in other words, ra without the charactertistic lace too soon for the ordi- thattho diseneco: ernptica, ay tho increaso takes time caoug) nary incubstions. taking | McVICKER'S THEATRE, i MAX MARETZE] IRECTOR. GRAND ITALIAN OPERA THIS EVENING, Wi DAY, FEB. 5 PAULING LT CTA. Gonnod's celebrated Opora, i 5 acts, FAUST. - PAULINE LUCOA. Beaora Sanz, wal, parspal, Jamor, &a. Tomorrow (THURSDAY), Feb. 6, Clara Dowiso Hollogs. LINDA DI CHAMOUNIX. ml;\:‘(‘d;y mGanD:nl;uG:x’,. Performancy. Jolat appearzneo of PAULINE LUCCA, s CLARL LOTISE KELLOGG. LEONT LUEVIELLL LE NOZZE DI F1GARO. (Tho Marriaga cf Figara.) Chst with the entire strongth of the Compans. Satarday—GRAND LUCC n'(:\fl:;x:. STAR LECTURE COURSE. TICKETS FOR GEO. WM. CURTIS Lectaros, nozt MONDAY nnd TOESDAY EVENINGS, ‘Dow for sala at Carpenter & Skoldon's Bookstora, 954 W bash.uv., and Buck & Lesner's Drug Stote cor. Talsted and Margherita.. Tnlon Par’s Conal Church— ¥ OF I HEW. i GLD I A3 i INCERTS, for the foilow- h:: Alonda: E;J\ns‘s‘y' 'D; ‘l‘l‘:i’.( tho !IJ.IM lncape. 3 ‘endel hillips, Feb. Biad Snd3d Mazeh, o " AGADEMY OF MUSIC, CARLOTTA LE CLERGO, TH GREATEST LIVING ACTRESS. THI3 AITERNOON, LADY OF LYONS. THIS EVENING, MASES AND FACES. Friday (Iivnotit)—AS YOU LIKE IT. STANDARD HALL. 12th Amual SE. GEORGE'D BALL, ETAYDARD HATL, Michigan-cv, cor, Thizteenthat, MYERY OPERA HOUSE, Zlonrog-et., betwoen Dearborn and Stato-s Artingin, Colfon & emiles Mingtrels AN ENTIRELY NEW PROGRAMME. Herkin and Wilsen fn I!Bjr TFlaboratg Sengs and Dances. Quartette—** The Knights' Farewcll." The Haunted Ien. A Daoy’s Fishing. More Lovers than One. Frery evening cad Saturday ~ GLOSE THEATRE. (ondsy ovoniog, Feb. 3, and every nlght and Wedns® A Gatarday, Matizocs, MiSS FANNY HERRING In her origloal drama gntttled tho FEMALE DETECTIVIEL! EAGAY ond EDWARDS, tho FREEMAN SISTERS, e o etar o, Bonsi o7, P ERwAX, iny By , bonadtof J. Lo Ml Faany Horting as JAOK BUEFPALD. : HOOLEY'S OPERA HOUSE. JOHY DILLON, the Chicaso favorito, In & papalex 7, Tuosday, Wedn=~day, Thuraday, d Sat- B Paay, Beb 3 & b s amdn ana Wedoosday and Baturiay Matinoes, Byron's pawarf: BLOW FOR :E:ILO‘VJ'fl 1 ‘The great star compsny fn the cast. Magnificont momnt.. 1og. Buperb scen= P M eHling iacidents. Friday night— Benofit of Jobn Dillon, In proparation, the groat Loa- don and Naw York success, ** Falso Shame,” also a naw verzlon of tho orf ervension of *‘The Gentle Sav- age," and ** Peril; or, Jovo ot Long Branch. " SERAMOR'S THEATRE, Corner North-sv. and Church-et. e Groat Combinstion Tronpe will glve s Cone ent Th Aftor thia Coacert, Grand Mask Ball. Tuls (Wednesday! Admission, 50 and 36 cents. M 10,000 COP!ES BOLD IN TEN WEEKS:! GREATEST SUCCESS EVER KNOWN ! OF DITSON & CO.’S ‘GEMS OF STRAUSS Nowcontains : 4 Aecadomiz, Pablisher, 1,000 Nigits, Baryorsin, Loyal Sangs, Vienna Woods, illusteation, Gormen Hearts, rtist's Lif, Lavaznd Pleasare, Lo fat, us Clesh Pizzicato Polke Clear the Track Galop, Tritscli-Tratsch Eata 8 azurks, 1o des Frkach, Srhrks, Fata Morgana, Mazarl b der Franen, Mazur] Eetly Heliat, Qaadeilis,” . (Otphous, Quadrill 9 Beluoc, Qe sl i . <<mbellishod with s fiaa pertralt of Straues, aad Slling £20 largo music pages—it {s & musi 'm—indispenssble Toall 1ovars of Strass dancn inasic, " Feening Hail. Price, 82,50 in board covers: 331 cloth: 34 in gllt. Sold by all ook and Musie Doalers. Now Ready, Strauss Dance Music for Violin and Piano, 81 Try SPARKLING RUBIES, 25, %naglnd brightest of S, rongunce it the HOOL SONG d AEBATI S Try CHEERFUL VOICES, . - The arw SCHOOL SOXG BOOK, Wo shall soll 100, 600 in 1573 Sent, post-pald, on roceipt of rutall prics. OLIVER DITSON &C0, CHAS, H. DITSON & C0, Boaton. 711 Broadway, Now York. LYON & HEALY, Chicaz, THREADS. g & B. COATS § BEST SIX-CORD White and Blagk Threads Are soft finished, withont the use of any sub~-. stance ‘hatever to produco an artificial gloss, therchy preserving tho superior strenath of six-cord ghread. Tho new slnde of blnck has n silken polish, nnd all numbers are warranted six-cord to 100 Inclusive. For Sale by all Dry Goods Dealers. ASK FOR J. & P. COATY BLACK, And usa it for Machine Sowing. by L. 0. ExEnsox- Stolan from No. 52 Wall stret, N. Y., about3o'clock . m. this doy, & package coniaining 5,00 mortzece oupoa bonds of tho Housion & Texas Contral Railnay Company, 21,000 each, N':\!L ’.;':fl 106,200, inclasive,. ficate of 100 sharos of etock in tha Houston & Texas s:z:rgl:flr?nl"rai Company, standin,: in nama or David H. hPll“. with ;hnk E\'."V!l"m ‘orcey oz the back, d . Page, ex:cut % Jfi;lln‘: Lol.l e :anvo\u and trapafer of the stock has beon sioppcd, sad all porans are marne) PSS il Sl 20721 tho above ecarkiet, ¢ (31,500 B o Tor thalr rotura to WAL M. RICH, No. 6 Wall \'m:fiYnfk ¢ MEDICAL CARDS, DR.C.BIGELO NFIDENTIAL PHYSICIAX, 454 Stato-st., Chicago. prath m‘:’:’gx “ronownsd SPECIALIST of " the age, Boriered by the press, eal oy ot aay. Bav: A S RWENTY Y EARS OF HIS LIFE fn perfoct. o t will itively the worst cases of o e N PRIV A DISEASES of thaGENITO- URINARY ORGANS in botl sexes, SEMINAL WEAK- NESS, acl; RVOUSNESS, AVERSION TO saclk‘tg/‘:: S visy 1054 OF MEMORY AN ), fectly cured. A s froe. *and for medical troatise; encloss atamy. WO CURE! D K NO PAY!! r. Aean, 360 South Clark-st., Chicago, May bo contdentially consulted, personally or by mafl e oF charge: an all chronic or harvous diseases. DR 5. KEAS Is tho only physician in the cliy whowar- ranta cares or o pay. - Ofich Bouzs from 9 . o, 108 D.mr DR.J. . CLLATRIE, ‘The abl> and well known spoclalist—at 101 Past Harrison- ‘batw=sn Clask aad St alted—: st tato3ts.—can bs_conat sy oravening—oa all discases and difficulties of & chronic, delicate, o7 confidential nataro—of both sexes. Bpocial attention to famale dificultics. Mediciaos scst by meil er axprow. Send samp for circrlar to the Marriod. | Ad- dress DR. CLARK, 191 East Harrison-at., Oblcsgo, Ol