Chicago Daily Tribune Newspaper, February 6, 1873, Page 2

¥ _———,— T VIDINUAILY ™ U, " THE REPUBLIC, Liability of the Stookholdors of the Bankrupt, Another Chapter of the Great Tire History. An Opinion Establishing a Precedent, An Assessmont of 60 Per Cent Ordered Against the Republic Insur- ance People. Decision of Judge Blodgett of the United States District Court. Yestorday morning Jndge Blodgett deliverod is opinion in tho matter of tho Republic Insur- enco Company, rolative to the €0 por cont ns- sessment of tho stockholders, asked for by tho Aesigneo. Tho opinfon ostablishes o precedent, and i8 vory importunt. TUE OPISION. Tuo Court anid < This le s applleation by the os. sigueo of rald bankrupt (Ropublle Inmirauce Company) for an order of tho Court diiectlng au aseessment lo Lo mado upon tho stockhiolders of the satd bankenpt, Tor auich o porcontage of tho wnpaid capital yot stand’ iny, subject to call, 5 Wil bo necosaary, n tho jndg. auent of the Gourt, to liquidate tho known Habllifles of tlie buikrupt, ‘The petition was filed on tho 20th of December Jast, and nu order then antered thnt nll stockbolders shonld how causo on or before the 20th of Jauuary why thie nsscssmont asked for hould ho aunde, sud thnt . copy of such ordar ahould bo for— varded by mafl to_cacls stockliolder—to tho addrens o ench stockholder a8 shown by tlia books of eaid Come 1:any—and alio thiat uotico should bo published in tha uewspapers of tho roturn day of waid rulo, On tho return duy of this rule an’extension {licrcof was :iven to the 24th day of January, and on {lo day Jast nsmed severnl stockholders having appeared by their attorney aud abjocted, for various reasons assigned, «o tho making of such’ nsscssmont, sud donied (ho sacty ect forths i tho petition, & xeforence was nmindo by tle Caurt ta IL. N. Hibbord, 13sq,, one of the Regis. ers [ Hankruptey of thls Courd, 10 take proof upen o followlug watters of fact alleged in satd petition & Frut, What is tlie total amount of {he Company? Second, What was the amount of avallable assota, exelnsive'of the unpald capital stock 7 ‘fhird, What was tho amount of unpald capital atock ? And fo teport tho testimony taken thercon to ke Court o or Lefore Saturday, tho1st day of tho presen wonth (February). . The Reglstor Liuving returncd into court the proof tiikon by him in puranance of this order, the nintier s dot dow for iarlug aud urgument bid upon tio varlous queations ralsed by the petition, answers, and roof. ‘Fhe substantial facts i tho case appoar Lo bo that eaid baukrupt Insurance Company was n duly or- ganized Company by virtuo of o certain spocinl wot of \incorporation passed by (e Leglslaturo of Iinois, ‘nppraved Feb, 18, 1801, tnd an act umendatory thoreot. «npproved March 56, 1869; {hat the capital stock of said *baukrupt wes limited only by the”discration o ita Board of Dirvctors; that said Board fixed snid capital stock at £1,003,000," subsequently inorensed (o suma 12.56,000,000, mid sibseguently {0 $7,600,000; but o tiuio'in Do Bistory of tho Compauy did {ta fubseribed capltal stock amount to yulte 5,000,000 that by tho Aetma of subserlption, made i secordanco with {ho ‘chnrter, 20 per cont of uald capifal atock was to be pail when tlie subscription was mude, and the remaining ED per cont was 1o Le asfesaed only i {ho svont of the 20 paor cout cash fund becoming fmpaired by losacs, Tho clinrtor also providen (st # Tho real and pers sonnl property ot cach dudividunl stockolder should bolield liablo fur any and all lossea, and abilities of tho Gompany, to the amonut of he stock nubscribed &0 Bold by bim, nad not Actanlly. prbd . Ta il cases of lows exceedling tho moans of tho corporation, wach atockholdor ehall bo iinblo to tho smount of (L . unpotd stock Leld by him;" and the aame provision. fs eubstentially fucorporated fnto each stock certificate fosnod by sald Company. By ftho fire, in tho City of = Chicago, on ths memorabla 9t of Oetobor, 1871, kaid Company sustained lossog ups on fire_pollele It Bad Jssiiod to the mnount of about 3,250,000, nud the cash fund nvaflable for tho paymont of said lossen nmounted to only§955,000, * At thut timo £ capital stock of satd baukrupt tlion outstanding wan E4,773,400, ou which 20 por cont had been patd, and 80 per cont romained unpald and subjoct to call’in pur- - tuanco of tho churter and. subscription contract abova grunted, : On {40 30th of Novamber, 1871, the Exocutive Come mittoo of said Company mado m asscesment ud cail -upou thelr stock, ‘which action of tho Committea waa satfafied and approved by tho Dircotors of satd Come pany at tholr annual neeting ield on_the 17th of Jnne ey, 1813 bt with tho proviao that in caxg any siock. bolder should pay 40 por cent by the 16th of Aarch noxi, tho balinco whould not Lo enforced unill | the further uction of the Exeoutivo Commiltce. And on the 17th of July, 1872, {he Lxecutive Commitico mado un sbsolute and uncanditional call and nsscssment of £0 per ceut on cach stockhiolider, to bo pald by the firat day of August, 1872, In pursusuce of this nction of . thé Lxecutive Committes aud Boord of Direolors, many of tho stockholders have paid various sume upar &beir stock, some having patd tho full 80 per cont ro- maining unpaid at tho timo the Aust call was made, and that tho funds thna rataed, togethier with those ort Land at o tns of tho fir, bivo been appled o tha pzyment of the losses and oxpenscs of the Gompany, . with tho exception of about $50,000 now on band, and tlnt thoro are still uupald 1osses o tlo amount of 786,003.63, ond other liabilities to {he amount of $£250,000, oF more, It alig appears from tlie proot that, fter tho losea aforesatd, the Company susponded all' business, oxcopt such as portalued to tho winding up of fts nffuirs; that 4 udjuted tho lossea sustained, and patd 26 per cont 4n caely 4000 aflor puch sdjusteit, and gave cortile eates of ludebteduess for tho balauce, payabla one. third the Ist day of Aprll, ouc-third tho Istday of Asguat, aud one-third tho st day of Decomber, 1672, I€also appears that, ot tome timo soon after (o great fire, and whils (o policy of the Company os to tbo Yauldation of ita linbllitics waa yet unsettled, n yortion.of ity creditars accepied o posmaunt of 35 por Cent ou the amount of thoir claims for losses, und gave aoleases fn full; bul when tho Company aftorwards sesolved 10 asscay tho stock and pay in full, theso ro- Jeuges were surrenderod oud (hose creditors recelved ertinentes Lo ho full amatuteof {olcad jualed oseas thut somo of thestockholders nlao Leld pollcles on whicl ticy susteitied losses, aud that theie clatmy wero applied divaetly to tho payment of tho calt on thelr stock, And & Curther sppoars that, by o resolution. of tho Fixecu- tivo Compittee, stockloldera woro ullowed {0 pay tho sullain certifivales of fndebtedncsn issued by the Come pany on iLs losscs, thoreby wholly retiring the corlifl- catés w0 puid In. ‘Many of the sfockholdera it also ap- pears are murrled women, infunts, insolvents, and persous who have goue out of tho canntry, fo that tholr subserljtions aro uuavaflablo, 1t s eatimated thint.at least 16 por cent of tho slock unpald ks In that condition. Thore ure also etill outstanding policie is- sued by the Company which 1t will cast ut |¢ast $49,351 “to caucel by payment of tiie unearnod premiums, And it 3 urged by tho Asslgneo that the poyunents mede by ths, stockholders should bo - oquallzod, ny thid thosa sho havo pald moro ' than thelr ‘pro rata_required to pay tho dobls of tho baukiipt and expenses of adminatration, should Lavo tho axcous refunded them. Tho Avsignee uluo suggestn thint the cortilicates of ludebteducs, nithough not boar- iug futerest npon thelr faco, yet, by oporation of Tav: draw dinterest; after maturity 4l the adjudication of “brnkruptey aud that provieton ahonld be mudo for (his item, at least, if not for intorest, until payment [a made, Iu view f tho fucts thus shown, tho Assigneo asks that & callaud uksessment of $60 by mndo on each share of tho capital stock of suid bumkrupt Compmny, upon which call shall be credited to cnch stockhaldot such paymonts s he liaw made on his stock fu_oxcons of tho original 20 por cent pald at tho time of tho sub- ecription, The objections urged in bebslf of tho stockboldora who Luvo appearcd to show.causo agatust tho rule, may be suminsrized as follows : Firet, "This Court hasno Jurisdiction to moke tho call aud aeseasment asked, Becond, Some of sald stockhioldera [nafat that snld Compony. bau fruwdulently vetirad n portion of its etpital stock without tho conscnt of all ta other atook- Rolpers, and they uro thereby relieved ; and ofhers contend thut thu Comapany, vinico they subseribed for thelr stock, bas lucreased tho aniunt of ita_capitul stocl, uud Gtlsrwine changed its business and flnaucial policy. ¥ TLIFd, That theaesessmont called for §s unnccessarily fargo to meot the liakdlities of tho bankrupt; that e scaummunts can ouly Lo mado to pay lossch, and no umseasment cun be 1ado (o puy unearned prouiunis for tho purpose of cancelling policics, or to pay ths oz~ pentica of adininistration aud closidg tho ifulrs of tho ‘catate; that {hie Court has 1o power to adjust cquitiod etwoen etockliolders, and_cannot, thcrefors, muka ‘aeacasamant to relinbiirss thosa who Lave pald mora thiou thelr pro rata—suol: belng the peeulisr provision of 8 court of equily ; uud that the Court shall Lot asscsu 10 pay latereat, At to the firat objoctlon, (E will be sufliclent to ax thet thin Court , by o Tiaukrupt law, clotion witl &l tho powars of 's Court of Equity, uud’ the powor of » Court of Equity to call in the uupptd slock of an fn- solvent corporatfon £or the purpose of paying i1a debtn L beon o froquently asserted aud exetciad 1 Jato seanuay to lavo o fueation of ity power fu that yor gard no longer tn doubt, A3 to the second poinf, tho claim_hiat tho Company uas teanduleutly ratirodn portion o it stk (o tlio vejudive of the stockholors, ta bused upon thes Lictu Somutinie i the Iaties part of {ha yexs somg t:o Difactora of .{he Company concluded to witlidraw ste Lusiuess sgenciea from (o ity of yahiae, somo other poluts 1 the Eastorn Blatos, and 4 Dhiniess correspoudingly fu. tho Weat and thweat, and, in order fo provent dissatisfaction oug'stockholdors fn tho placea from which tho bust- sers of tho Carapany was 0 withdrawn, it was deomed Bwst to purchius the stock gold n auch places, if it «uuld Lo dous ut wot_uver 20 por cont, with tho inton- €21 0f re-tuing eoid atock in the now localllics whero eqeucles or brunches wer established ; and {n_pursu- utice of this resolution bout $217,000'of stocl was 80 pveliused Iy ui from 1410 17 cents ou_tho dotlar, and at the sunual uoting fu Janvary, 1871, $200,000 of 1L13 Gtock, not having been re-iasnod, wa, for the pir- fuao et alowlug uo ceduction of oulstiudiilg capital dur. ug the year, placed {u tlia bawme of the Tressntor of the Compeuiy upun the books, it with the exprovs undar- standing that bo beld 1t 11 truat for the Gompany, who dind the right to' eancol [t If deomod expediont o do %0 by the Bosrd, 'Thla thoy subsequently aid, theraby educiug the ' outstauding stock on the . boobs 1o_the amouut actually Leld by the stockbolders, To my mind It seoma n suflclent answer to (hin objection that all this nction compinined of took placo while tho Oannn( was in a solvent condition, and that this Gourt will uot go behind the action of tha constitutod suthoritios of tho Company while in full- control of its affairn, aud attempt to rootify nny errors of Judgmont, or ovoh frauds then porpetrated, Tho Tonrd of Dirgctors or Exoeuliva Cominlttoo may hava exccuted thelr powors in many particulars which it 1a too late now to lm}mm into, or which arg not Bormane to tho question beforo tha Court, Tt {8 ovident that thin stock, whils it stood {n the namo of the Treanurer In trust for tho Company, was not understond Dotween he partlen to the traneaction—ihat 48, tho Doard and {lie Treasuror—aa nssossablo stock, o only beld it nominally for tho Company, and any nttemyt (o nsuoss thut"stock would lend (o coslly. Hisgation nul detas, There I8 nothing upon tho "books of piny now to siiow there s ang " prosont lin- billfy . on thia slock, nor waa® thoro . when {ble Gourt took juriaictin of (s Gompany, o thia appeara to mo all this Court shonlkl inguire {lllfl, ut X also am of opinfonthiat, whilo the Company wag solvent, {110 act complained of wan within tho gor. eral scope i rowor of 1o Toard of Dircotors—Tiit thiey hind tho riglit fo buy in oud rattro tho slook lu uastlon {f thoy docmed it for tlio host funtorent of tho Company, and that, cortainly, ruch action daes 1ot ro- Have the other satockholders from their llability fo cally arter tho Qompany bocomon insolvent and s de- clarod hankrupt, - ‘Tla third objection questions the oxtentof he ne- soesment nsked, and the power of the Court to mako an narcssmont oxcopt for Tosses ; but I am oloarly of opinion that tlio proof shown & necoamity for au’ ane asssment 10 o full atnount askad by tho potttlon, ‘The lonses yot unpali, for which certificates have beon iswued, amount {o nearly $800,000, and thiers nro atill antatntaiug polleles on whicl 10sses mny yot bo sus- talned, & At tho tma of tho great fire of October, 1871, tho Company had nearly $1,000,000 in aynilablo fimds, which it bnd the right to npslyto the payment of any dobt or claim against tho Company, This fund hon beon extinuated by appytug i (o tho fayment of osecs and aitliough tho right to ko o call and ssscasmon on the 80 per cont does not arits under tho clartor, excopt in coso ' of losses oxcueding the meana of {ho corporation,” yel I do uot coustrua that clatuso as lime iltug the right of the Compauy or Court to an -sasess. ment for fho poyment of lossos onmly, Whon tho funda aro exhausted by losacs, and nsscssmont Lecomes mocossary, 1t may bo. sald for oll purposes, cithor to Jay debts alrcady contracted or to create a now fund for tho purpose of o businoss baals, Tn this casetio Jonses fur exceod the moaun of tio Company, nnd thie Habilitics of tho atook- holder for the amount of the unpald atock held by uim o fizod, | Tho contingoucy has Lappenc Wiich 1ho chinrtor provided should 1mske him Hablo on his - paid atock, and whethor it 18 ta bo appliad In Juyment of loares or a part in payment of otfier Habilitics and expeusos of tho Conipany does not affect tho queation, 1 cannot indorso thio limited and narrow construction aftempted to bo put upon the Hubllity of theso stock- holders, True, an nescesment does 1ot eem fo lave been contompiated untll tho funds waro oxhiausted by Iosses, but thal docs o, cltlior {u splrit or n lotter, rev airict'tho Company or court {o {ho payment of lossca only out of thefunds called In by siseasments on the unpaid stock, 80, too, inregard to the payment of the unearnod premiums to cancel policies yet unoxpired, Tho CGompany 18 still liablo on thoso pollcies, aud overy the Com- | objact, it was necossary that tho Buperintondont Now York, aud,. dictate of caution and sound busincss llrllllunco re- quirea thnt ablllty o be terminated, which can only Uy done Ly returu of unearned preminms, and I havo 1o doubt of thio power of the Court to nsgess for thut purpoce. o sume may bo uaid of {ba cxponses of closing the affaivs of {ha Company, ‘This s incidont to the administration of tho lnw, and the flem s un- 'dloulk)lcdly ouo to be provided for oul of o unpaid stock, . A8 o tho cqualization of: payments betwoen slock- hioldere, this Conrt hns Jurisdiction of the entiro mat- ter; not only the corporation, but its eutire con- etiliiencies, 18" bofora (ha Conrt, and full Jusiied oan Lo dong, not only lo creditors, but between stock- holdora ' and if, ‘na the proof shows in this cake, part of thoes etockliolders have pald more tlan thelt fair proportiou, the others; who havo hot paid, can ha compelled to' pny’ enough to” ndjust the 'neconnt botween stockholders, When' this Conrt fa throngh with the corporation, its functions and powera are ended, and, ceriatuly, having all tho powers of o court of equity i tho premises, it can_compel each Block older L0 pay what in equity alld's{nu(‘l consalence lio oughit to pay, ‘nd dfstributo tho proceeds of such 11&,{mnm nmong thoee entitled to receive it, 0 thio ftom catlinated for Interest—some Intorest huoa accrued, and T nuderstand it to bo in the pawer and diseretion of thie Court {6 allow nforest on claims proven undor circumistauces whero l.‘r(\lufi‘ Tequires it ul, oven If the amount estimated for this item §s not all required, thera fs atlll 1 larga contingent lability for lozses on policies yet in forca and for expenscs of culleclinl( thie ussesanient now asked, which convincea me thut tho funds to be reallzod from the assessment wilt not, by any possibility, be in oxcess of tho demand upon i, and that, to #ave tho cxpense. aud delay of anotlier ssecsyment, this shouldl Le made ample to mget ull prohable requiromcuts, It i not my purpose to deeldd on thla occaston'who aro the stockholders, nor tho' amonnta for which thoy ‘may roapectively be lfable, s thoee quoations will mors properly come up in suits at jaw brouglit by tho As- uifiuw‘to enforce payment of tho msscssment, But wihiat T do futeud ta deoldo and determina s that tho Court has powor 10 mako {ho asscsament roquired for the payment of nll ¢lafms properly provuble in bank- ruptey againat the bankrapt, and the oxpenses of colloet- Ing erich ssessment nnd of the baukruptey procecdings; sud also that the amouut of assessment asked for )y tho Assiguceds, 18 my opfnion, no moro than adequate to moet the dubts and Habilities of tho bankrupt, An nsgessment of 00 por cont, ua prayed for, will b ordered, < Mr. MeCnEi; snid that as his clienta lived, in part, ot o distancs, he would enter no motion until aftor congultation with them, resorving, Lowever, all rights, Tho Court statod that n patition for roview— the only ‘proceeding that could o had—could bo, presented to the Circuit Court within any roason- able timo. - EVANSTON MATTERS. iectlug of tho Villuge Trusteen—Tho Tndiei Collego Adlk Lexlulatlon Ennbling Tiem to Borrew $20,000 for Completlon of Thoir New Building—-Ordinauces that Must Bo En- forced. ¢ A protracted moeting of the Villgo Trusteos was held Tuoaday night in tho oftico of tho Sec- rotary, Theodors Roose. President C. J. Gil- bort, O. F. Groy, Ambroso Foster, nnd J. H. Kedzio wore present. Varlous bitls, footing up in the aggregate, £8,210.45, woro audited, and ordered paid. Obadinh Huse, Eaq., presented o petition in tho bebalf of the Lagdios' College, praying ibat tho restrictions contained inu former ordinauco, authorizing o deod tothe Trusteos of the Ladlcs' College, be romoved at the omiliest practicable moment, to enable them to make a losn of $20,000 at once, by whicl thoy could be able to complota thoir building o far that it cat be oo- cupied by the fall torm of 1873. And if tho Board profer, thoy will exeouto au oflicial bond, gharan-' toeing that the condition, viz.: * Baid blook of ground, with tha college building thereon, shall always b used for educational purposes, and on failuro thereof said ground shall rovert to the public, for the purpose of & park or pleasure- grourfds,” ehall be restoredon the payment of {ho lonn aboyo roforrcd to, ¢ Tho gist of the matter is, that tho town deeded {he Ladies’ Colloge thio land on which thoir new buildings aro being erecled, undor tho restric-: tion that it should rovert to the town if used for other than -educational purposes, tho.ZLadios’ Collego bolding o qualified foo. Now, tho ladios wish (o borrow monoy,” but no capitallst cares Lo tako a mortgagoe which, . in case of foroclosurs, would put Indies’ colloga in his hands. 1Tonco !lxxu 'il‘runteeu of tho Ladios’ College want & foo aimple; o r, Iuso enid that, in justico to the Collogo, Lo must montion tho disastrous fire of -Ocr, 8 and 9, 1871, which injured the subscription list : the present atringency of tha money market, aud and the unenfe and Inferlor accommodations of tho presont sholl which they now uso, combining to mnko the need for the now bullding impera- "tive, T'his gontloman was followed in speechos Dby tho difforent ynembors of the Boavd, Mr. J, H, K)odzlu, in {mrtlculnr. making an cloguent and noble appeal to his collergues to'como to the re- liof of tho potitionors, < "The Bonrd wero,uuable to agreo upon any plan of aation, and, a8 o devnier-ressort, drow up and sigued o Tottor of Instruction to Hugh A. White, L., tho attornoy of the Bonyd,' notifying hin to tako “the subject undor’ coneideration, and draft an ordinance that would givo the ‘mlmou- org the doyired relief, .aud at tho sama time pro- sorve tho roversion to tho town, An ordinance for rogulating subdivisions and: platting land was’ pinssed. This ordinanco ro- quircs that any persos meking additions to tho villago shall subiit bis plat for tho approval of the Board. A petition, signed by thirty-five property-hold- ara on the lino of Bherman avonuo, &myln hnt the atreot might Lo opeuod from' the northern termiuus, un& on the tame courso that ituow runs, to o point where it will intorscet Groenleat avenuo, on the north line of Anthony Hascamp's hl;lm \lmu roforrod to tho Committeo on Btreots and Alloys, An ordinance was pagsed that the policomon of Evauston be empowored and Instruoted to com- plain of and prosecuto the ownern of any cattla or any other animals found running at large, contrary to tho Stale Isw, (b the stroets of Evanston, Thoe Eucrolnrz was instructed to give warning to parties who had failod to clear thelrsidowaiks, a8 ordered by tho Inte ordinance, aftor which tho Board adjourned, to meet in two wooka, 11, V. Hinsdalo, Esq., of Grand Rapids, for- morly of Evansto, is making a short viult with Lis old frionds. —_— —To young Princes, the sons of Archduke Oharles of Austria, bad o warm digpute In the protouco of no fess & person thau that of the sugust Emporor bimsolf. Greatly exclted, ouo anid to tho other, ' You are tho grontest ass in Viennn!" Highly oftonded at a quarrel in hia vesonce, the Emporor interrupted them, say ing, with indignation, ** Como, come, youvg gon- tlemen, you forgot thiat I A prasont.V +| 80 within the Kl'ovlaa‘u! of ihat aab. THE POLICE DIFFICULTY, The Mayor and the Board of Police. Legnl Aspecets of the Controvorsy. No Compromise. o th Editor af The Clicago Tribunes Bin: Tho signifleanco of tho prosont conflict botweon tho Mayor and Tollco Commisslonora counot bo mistakon, Tho twolve-hour order oand the official conduct of Mr, Washburn havo pestod out of sight, Mr. Waslburn himself Is nearly forgotton., Our ntlentlon s arreatod by tho two parties into which tho communily haa divided ftaolt on Lho question of tho power ab isgno. On tho sido of tho Commissionors nro arrayed the gamblers, tho thioves, and all that class who exist aud thrive out of the crimo, corruption, and licontionsness of the aity, On tho side of tho Mayoris tho great mass of In- tolligont nud respeotablo citizens, who deslro to 8o tho laws rospocted and oboyed., Tho quostfon has boon, which of thoso classos should triumph. So far, viotory has do- clared for the Mayor, and tho Interests of Law and Order. The importance of the con~ troveray may also bo illustratod by its origin: Mr. Washburn's purposo, from the timo he as- sumed command of the police, hias boon to weod the forco of shiftless and incompotont men, in- troduce o thorough discipline Into its organiza- tion, and mocuro & umform, constant, and por- sistont enforcoment of tho laws., ‘The objoct of tho Dunid line elwazs bees be weu thu pulivs forca for political purposes, To accomplish thin should bo a tool. Mr. Washburn was uot o tool ; honco tho Board desired his head, . Many who havo sided with the Mayor havo, novottheloss, ontorinined doubts as ‘to tho legality of his action, Somo think that n poculinr eanctily fa thrown. about tho Board by tho fact that they are elocted by tho pooplo. Otiiors thial thoy are county oflicors, and boyond the rench of tho Mayor. = 'Iho Mnyor's Billis o valid law, No Iawyor donbts its constitutionality, and no defin- ito objection to its validily has ever been pro- mulgatod. The iuterprotation of this nct must determine tho luw of this controversy, The flrat seotion provides {hnt the Mayor, by and with tho concurronco of tho Common Council, shatl appoiut all oity officors (whose clection hy tho qualitiod voters of tha.city. is not proyided for by law), aud also all mombers of Doards organized under the charler (or amendments thereto), excopt those nppointed by the Govornor of the Btate.” Nogousral lnw caleulated to in- cludo the Borrd of Police conld bo framed in terms moro cloar and unambiguous. ‘Fhis Board i organized undor; and exists by virtuo of, tho charter of tho City of Chicngo and the amoend- monts theroto, and they m'o nol’ appointed by the Governor of tho Biate, Thoy are, thorofors, cloarly within fho act, ‘I'ho Board is, and was, entirely within tho control of -tho Leginluture. 1t is admitted that tho Logia- lature may abolish the Bonrd altogother. Will it bo contonded that it could not change tho manner of choosing the Commiseioners, or mod- ify their tounre or oflice? If it could say to a” Commissioner, *Your oftica ia abolished ; you arc no longer s Commissionor,” it surely might sny, * You will hold your ofico horeafter ot tho ploasuro of the Mayor of tho City of Ohicago.!' T'he power which croates may. con- trol; and, evon if tle Board sro county oiticers, tho Liogislaturo could chango the moda of thoir appointmont, and -proscribe their tenure of oftico. But they aro-not county oflicera. Thoy ara apecifically onumorated among the officers of tho cily in tho city chartor; thoy are electad, ono from each division of tho city ; thoy coustituto the Erceulive Department of tho City ‘Govornmont ; thoy givo bonds to tho oity for tho faithful discharge of their officinl duties; their snlarics aro pmf by tho city ; it s their duty to prosorve the public poaco and onforco tho law ond ordinances within the limits of the city. Thoy are in yacl, as woll as in uame, ci’y officers, I'hoy aro, ot all ovonts, o Board organized under the charter and amendments theréto. Accordingly, on the 1st of July, 1872, the oflico of Police Commissiouor coused to bo clective. TFurthormoro, tho Mayor’s Bill provides that f*all city oflicors” ot elocted by tho pooplo khall Do appointed by the Mayor by and with the con- gont of tho Councl, The oficors and patrolmon of the polico -forco are defindd by the chartor ‘to ba oficers. of the cily. Thoy aro not olectod Dy the pooplo. Thoy aro, thercfore, al- Tho samo act also provides that, tho' Mayor may remove any city oficor, or mombor of any wuch Board, whenevor, in his opinion, tho interests of tho city requiro it. Thercfore, from July 1 1873, all members of the Board of Polico, and all ofticors and patrolmen of thoe polico force, wero subjoct to romoval tho at pleasura of tho Mayor, ond'all vacancios an the Board or on tho_forco were to bo fillod by appointmont of the Mayor and Council, We say all members of tho Board ‘of Pollco wore subject to removal at the pleasure of tho Mayor. Thero'seoms to be an oplnion vovalont, aud it would appear to bo entertained y the city euthorities, that tho position of DMr. Bheridan on tho Board has beon invested with womo poculiar senctity by tho now Constitution, and that he caunot be disturbed, unlesy by im- cachmont, until tho expiration of his six yonrs' orm of oftice. This view wo rogard as erroncous, The particular scetion of tho Coustitution be- Lind which Br, Sheridan intronchea himselt fs Bection 6 of tho Schodulo, which it as follows : “ All pergous now filling any oftice or appoint- ment shiall continue In the oxerciso of the dutics thereof, nccording to thoir rospectivo commis- sioni or appoiniments, nuless by this Conatitu- Lion it is otherwiso directed.” ‘Tho infeat of this section, as woell a# tho plain import of its lan- ‘Buago, is obviously to romove any doubt which ulght cxist In regard to the status of oflicers not montioned in the body of the Instrument, It meangmerely that alloficors, unless othorwiso di- reeled by tho Constitution itself, should continuo 0 hold their offices, and to dischargos thoir du- tigs s if no ouch instrument had been enacted, or a8 if no change had beon nade in tho Consti- tution of the Stute. If wo apply tho languags of the mection to Afr, Bhoridan, it wonld read : 4 Mr. Shoridan, now filling tho ofiico of Polica Commissionor of the City of Chicago, shall con- tinuo in iho exerciso of ‘tho duties 0humnf, nc- .cording to his commission ov appointmont,” All “oflices crented by tho Legislaturo are subjeet to logiblative control. 'The Police Commirsionors wora puroly a logislative creation, - Mr, Sheridan wag olected to n position on the Bonrd, and #commissioned " or “nppointed” to oxorciso tho dutles of hia ofico for six years, unless ‘seoner romoved by impenchment, or unless ‘the office was ioonor abolished by the Togislaturo, - or its tonmro modified, Buch, \mqunstiu)mbliy', was the “com- miesfon ” or tonuro of Tils oftico at and prior to tho adoption of _ tho now Constitution, After tho adoption of the now Conatitution, b{ OXDross provision of that instrument, ho coutinuod in office undor tho samo * commisaion” or tenure 23 boforo. Cousoquently, he waao still subject to tho loglsh\flvn control, aud the provisions of tho Mayor's Bill apply to bim a8 fully as to_any city ‘oficer or’ mombor’ of a Board, ~ Tho Muyor un- uostionably izs the power to removo him, and fl is unquestionably his duty to exorciso it, ‘Wo havo shown that the Mayor’s Bill vested in tlio Mayor and Council tha powor of up(mlnung all mombora of tho Board of Polico, and all ofi- cors ‘aud patrolmen of tho yolice forco, and also vestod ' in the Mayor the powor of any of theso otflcors mmuvluE whenever, in his opinion, the intorosts of tlia city roquired it.” This nct, boing tho Intost ox- rossion of the Loglelature ob u partioular sub- rcct, mgmwdna nll” former onnctmonts' on tho gamo subject ; cousaquently, all those provisions of tho charter, not only in raforence to the clec~ tion of thio Police Qommissioners, Lut slgo in rospeet to tho appointmont and romoval of ofti- cors and mombors of tho police force, ara ren- dored, and are becomo, inaporative, 'l power at the Mayor to appoint and removo the Super- intendont of Polica has Lcen recoguized by tho Board., Ilo bas thoe samo power, and for tho 8amo ronsons with respoct to evory member of the forco. 'The powor of appoiutment and rowovul of members of 1ho police forca caunot bo . vosted in bolh the Mayor and Policc Commissioners; conse uently, it muat xout where last planed by tho Leglsias ture,—iu tho hands of tho Muyor, or Mayor aud Counell, From thoso considerations, it follows Jivst, that the oponing acl of this drawum, to wit, the susponslon of Mr, Washburu on chargos’ pro- forvod, and the appoluting of Dr. Ward Acting Buperintendont, was unauthorized and llegal 'y for it in evident that, it the Lowrd have no longer the power of removal from the forve, they havo vo power to entortuin churges, or tako any of the proliminary stops towarda ro- moval, ‘It follows, in tho second placo, that tho romoyal of Mosgra, Klokko ~and' Rono _M&"nr 3 Lo firm nk\& :]f“""_’ onl by the DMoyor, aa well as of Captains ] ickoy and Gund, was authorrzed and lo- al, 1loro wo would romark that Mr, IKloltko recolved-and aecopted an appointmont fromiho -Magor and Councll montha .rflur to hils olaction, and tht hio netad na Combil natonor from tho data of Lis appointmont, Wo thinl that Mr. ‘Rono won also appoluted by tho Mayor prior to hls oloction, and that Lo also nepaptod ho n]ximlutmnub and sorved from iln dato: Now, whatover doubt tliero in ahout tlio Intor- l)ro!ul.lon of the Mnyor's Bill, ono thing In cor~ ain: that lio moy” remoyo’ all thowo oflicars Wwhogo appolntment by tho Mayor and Uounoil s providad for Ly tho not. 3 Thia vlow of tho logal nepoots of tho con- Lrovorsy rhawa thal tho Mayor Is right, sud ono noed lesitato, thorofore, onring tho coutrary, to filvfl him thoir npport. appears that Iickoy and Gund have made thoir submisslon to tho power of the Mayor, and {hat thoir friends ra intorcoding Lo hnve thom roinstated,, Wo do not seo how thiy can bo done, excapt Ly an appolntment de novo, Tha act of romoval i completo. Hickey and Qund ara_venoved, Tholr places aro vacant; thoy aro bocome ay private nion. 'I'io act canhot by racallad, Auwoll might the oxeentioner nctempt to racall tho blow which hna sovored tho head from Ll viotim, Tho ox-Captaina may, of cotirao, bo mnlplpnlntev] Dby the npnynr and Coun- cil. Buk would _this courso bo politie? Thesa men have stood by eaugo thoy boliaves with_ the tho Uommissioners, not bo- tho law and tho right woro Board,” but _becanso thoy hatod Nr, Washburn, and Mr, Washburn's [muo « 'Thoy nover havo beon in harmony with he Buporintendent or his purposos, They have vielded on unwilling obediengo. If tho; 0 back 1upon the forco, they will go baok a8 a dis urbing olement, They nover will cordially co-oporato with tho Buporintondont, Thoy nover can ho depended upon in case anothorome; oney shonld ariso similar to the presont. Woe think that tho intoroats of tho city, tho ofMolonay of tho polico forco, and tho publie sontimont domnnd that theso mon ho allowed to enjoy. flmvntn lifo o8 o roward for their contumncy. ~Dosides, wo want 1o compromiso aud no_patchiwork?n thin affair, Lot thoro bo no retrograde movomonts. Tho Poopla and the Courls will sustain you, Mr. Liex, AUy 120, 6, g UNIVERSITY OF MICHIGAN. . Visit of the LeginlnturcesDr, Tappants Library., A Antio, Mic, Jnn, 81, < ) - To the Editor of The Chicago Tribune : Sm: Tho Logisisturo of the Btate declded, some timo durivg the session, that it would bo Lottor to visit in nbody the different institu- ‘tions uuder the State. care, than to' sond out Committoes as heretoforo ; and, in pursunnco of this resolution, came-hero on ‘Wadnosday oven- ing.” That night, entertainmonts were furnished tho mombors by somo of the Professors and students ab .the Univorsity buildings, A banquot was also given thom by the citizens of Ann Arbor. Tho legislatora oxprossed thom- gelves well satisfied with the rocoption,. Thurs- dny morning, the studonts, to the number of 1,000, assombled in tho unflnishod auditorium of tho new building, to liston to romarks from some mombors of tho Legislature: An nddross of welcome was given by President Angoll, and speechios wore mado by Mensra., Emerson and Childs, of tho Sonato, and Messty, Croswell and Thomas, of the Houso. Tho drift of thoso speoches loft tho improssion ‘that thero woa a favornblo disposition among tho mombers toward tho Univoralty; and, s these epcechos can be talen ag eritoriong, {ho parsimonious policy af the Btato towards hor most contral and ronowned inatitu- tions of loarning will be discontinued, and an- .oiber subatituted which, in the ‘ords of ono of tho speakors, will not ask how much tho Univer- sity can bo run nt, but how much will it domand to lphco it whore it belong, . {.this policy ia carried out, it will obvinto s0mo of tho ditHoultics with whioh tho Univor- sity is now ombarrassed. e suporior induce- monts offerod olsowhore havo attractod many of its Dboat Professors nway, and, in.the presont condition of tho finances of the ‘institu- tion, thoro s no. . probability of thoso places boing filled; iu fact, it caonot Do ningaid that the abilt ity of tho Literary Fuculty is on the dacling, aud, if tho prosent couras 18 porsistod in, it will inovitably result in reducing the Univorsity to a second-clnsy institution, A good financial basis will romove moat of ticse difficulties, and will ennblo the Regents to go forward iu tho work of {illing Chaira g thoy ought to be filled ; ond, if thora are ulterlor causdy ot work, s many warm frionds of tho inatitution boliovo, it wilf bring thom to light, and prove the monus of keoping it out of tho'nurrow chauncl iuto which, t mauy, it ‘scoms to be drifting. Thero is an cffort on foot, among tho frionds of tho Univer~ sity, to purclinso tho library of Dr. Tappan, who was President of the University for olovon yonrs, begiuning with 1851 and onding with 1852, and who hns dono moro than any othe Or ono man to ?lmu it in the position that it oc- cupics, This library embraces n great varicty of books, and is made up of standard works, espo- clally iu poutr{‘, higtory, and philosophy.’ Tho Lave boen gathored from yenr to oar, and will concontrate moro than_snything olse, porbaps, evidencos of his immodiato attontion ' and carg, and, for thiu roason, should bolong to tho inati- gutl:m of which ho hns boon tho greatost Prosi- ent. Thoro are 2,537 volumes in all, and aro dis- tribuled us follows: bistory, 41 pootry, 231 ; mental and moral philosopliy, Inoluding branchos immiediatoly connected thorewith, 890 roligion, 143 aciontlfic, 82; politionl sconomy, 21; politics, 473" toxt-books, ’ about_ two-thirdy’ boing dio: tionarios, 103 ; ousays, 135; fction, 144 ; travals, 80; 198 roviows, of which 15 are the Noril Britigh for 1844-'61, 04 the Zedinburgh for 1802-'61, and 89 the London Quarterly for 1809~ '62 ; there avo also 40 volumos of Gootho' com- ]Jlolu works, 12 of Schillor's, and 28 of Condil- oo's ; thoro is, besidos, ono book, ¢ The Froo- magon's Companion,” formerly ownod by Do- Witt Cliuton, and containing his autograph. But very fow of theso books aro. in o foroign tougue, and, -on_this nccount, . tho library will e oxtromaly sorviceablo to the atudonts. It is to bo hoped that it will be puvchayed, Vuw, e L GOING TO THE OPERA. To the Editor of The Chicugo Tribune s Biz: Tho shams of our sacicty are nowhero moro palpablo to thesight thau intho suditorium of McVickor's Thoatro this opern-genson. Wao find thero, occupying eats costing four, dollars cach, scorea of young mon whose entiro wook's wages will not more than meot tho night’s ex- pousos, - Wo find beside them quite ns many young women whone fathors' purees. have boon drained, aud the entive fomale portion of their {familios put on short allownnee, that thoy may appoar in the curls and puffs which (in thomost cnses) disfigure them, The sontimont: which briugs them thore, wo will admit, is commenda- blo., Thoy really love musio, and could enjoy the opera very muoh if the sacrifico they Lave both made did not shadow every scene, sud pub in minor-key ovory noto they hear, 1 wisl to utter o woyd of warning and advico to theso young people, T tho young mon fivat, beeauso “thoy aro too prone to lufiow Adnm's atylo, and Iny the blnwme ou the woman, T you, 1 iny that any lady on whom yon find it noccssn- ;? to spond more monoy than your purso fuulp o8 i8 not e woman whoso socin] recognition {s bonelicial to you, or whose ‘sooinl favor is worth winning, I do not cara what position sho oceu- pios in soolety, her infliuenco s a eurse to youn. But I give tho woman moro oradit, and you Toas ; it is laygoly your Inck of that quality most ed- mired by womsn: Indopondence, ~It you had the pluck wm this rospect which you have in your busincas, you would eny, in ° invitation, aftor this mannor: *‘It would give mo great ploasure to tako you to hear Lucea, T knowyou enjoy musio; sodo I, My .purse, howovor, is not ‘as big a8 my hoart, and, it wo go, we shall bo obligad to tako sonts in~ the socond bal- cony, 08 near the front us I can seours thom, Wll{yau fayor me with your company?” Bhe will “nceopt,—L (.ilmmmuu that,—and be glad sho has one soquaintance who willbo trutiitul. Morcovor, she will not Lnvo to spond much for now flnory, andwill not oxpoct n carriago, You will fa down i tho horse-cars, both ba happior, on- ay tho opora morey and sloop swostor in tho nat- sfaction of kavin, and each othior. *go it alono,” lot & number_of you, woll’ o~ quaiutod with each othor aud tha sanio coterio of lady-rionds, make tho proposition of oing to- gothor In thlu waYy, : Now, young ladies, o word to youp Rightly or wrongly, the ymm‘g men lay this evil at your door, You canuot claim ignoranco of the young mon's ability, ‘I'hare is hardly one of on but is woll posted on the standing fnanclal- of your fuiends, 1layo tho true-henrtodnoss, t{m nobility, when invited to the opera by ona of your numoraus admirors who you know can- nof sfford four-dollar soats, carringo, and tho nocossary oxponse of dress, to accopt on condi- tion thnt tho weats be wecond balcony, and that there bo no oarlage. Tho wontloman should, boon honest with yourselt € you atill lack the comrago to _bo a bonutifal little thing, -to loave hi 1 followed by hLis rathor coneldor this ng amark of truo friond- ship, Tt should o dona in your mont winsoma way. You ought to do it 1t It n duty you owo to yourrolt, to tho gontlemnn, and to maukiud, Agroo with’ your Indy frionda 'that this shall he tho rule. You need linve no foar of tho noolaty in the socond bulcohy during thoso opora-nightyy thio munia 4 honyd'tlioro to tho hont ndvantage; and you will fud your neighbora quite ag wor%hy of you s thoso in any athér parl of tho house, mm}; mon and woman, any othor courso than Ahis i fostering Intsohood, fraud, suleldo, Hero 1n ono of the paths whieh corrupt socoty. Dar- rlendo it, Cittoano, Feb, 6, 1873, i - A BOSTON TRAGEDY: A Man Shoots Ilis Banghter and Come mits Suicide, Tronu the Weton Janynal, Feb, 3, Abont hn!l-}):mt 8 o’clock Baturduy aftornoon, Doopla living In tha vicinily of No, 6l¢ Bontiok streot, a short distanco from Washington streot, wora startlod by the vound of* threo roports of & plitol dischargon in rugld succosgion. In n minute or two word was brought into tho streot that o man named Alfrod O. Y.ovo had whot his daughtor, n child of 4 ycars, in & room in tho socond atory of that hotso, and had nflorwards tnkon his own. Jifo. (Tho nows of tho tragedy sproad m‘vlflly, aud in fivo minutes aftor the ro- orlsof tho pistol were heard a large erowd lLad gathered “in and around the house aud on Washington street, anxious to loarn the particulars nud discusslng the motivos of sucl o torriblo deod A firat it wna only roported that tho daughtor was shob, and It was supposed that tho mait would mako his oscape, but. i nveatl- gution shiowed that nftor attompting the murdor of tlio child tha fathor lad shot h%mxcll twico in tho hoad, and both wore considered inady- Xuicundmml. 0ve was 43 yonrs of ngo, and hiad boon for several yoars & travelling podlor, aud of lato o dealor in Jmlofll rights, Ho wasa nativd of Boston, and had mado his homo lero tho groator ])nrl of his life, althouglh his business hind takon him nwayuqrunt denl. Five yoars ngo lio_wng married Lo Migs Myrs Molvin, ‘n natlye of Nova Bgotin, wio Wha tlion 18 yonto ald, and 16 ycars younger than limsolf. Tholr marriago sooms to nvo baou oue not very fully considered, and to on unentisfactory tnion xm‘x]y bo donbtlesa nt~ tributed tho Lorrible tragedy which occurred, About n yoar aftor the marriagen femalo child wag tho rosult of thoir marringo, who \es christoned Graco M. Love. Tho child grew to o bright, smart, at- tractivo glrl, whom maay rosidouts’ of tho vie cluty have noticod with admiration, . Tho trugedy seoms to hiavo beon the rosnlt of & gories of counos which hordly eeom, howover, to oxplain tho commission of such n. doublo crime oxcopt upon the theory that Lovo had brooded ovor roal or fauciod” troubles until ha hed become fuganc. Boon oftor the birth of tha littlo glrl, Lovo 18 enid to have Locome idlo and . dissolute—so much so that lio noglocted to Bup- port Lis fomily. Mre. Lovo was drivon to doti- poration by tho duna of hor husbaud's creditors, until finally shio was forced, in spito of herself, Bho -revoived: employment in tho late. hoop-skirt factory of Mosars, A. K. Young & Qo., at tho corner of Summor and Kingston stroots, nud managod for o -whilo to onri tho moans of subsistouce for herself nud child. Hor Iusband, monnwhilo, * oceupied him- solt ag o peripatotio - podler of Yankeo notions throughout the cuun!r?'.. soll- ing on commisslon, and paying his bills only when ho ag euccessful, 1lo Is describod s & mon of medium height, weighing ahout 140 pounds, and possssing ngm halr tinged with grn{. Although ho is seid to layo boen honorablo In afl his doalings, ho lncked that business tack which is nccednary to cnsure suc- coss, pnd was, thorofore, ‘o failuro in life,” Mrs, Love, on tho contraty, so her frionds eny, is o business womnn, Much younger than hor husband, she Ensuussca o degreo of . application to labor which he hiad outgrown, nnd their tastes woroe, theroforo, dissimilar in that respect. Bo- sides, liko all ‘young peoplo, sho was fond of gayofy, tho theatres aud socal enjoyments,— )‘;lnnaurus which tho ago of "hor hus. and had cansed Dim slmost cntirel; to renounco,—and, in " consequence thercof, they woro froquontly at varianco. Mattors ro- moined in this situntion until last summer, when Mra. Loye took o lndgln? room in_ tho rear of tho third story of a house kopt by Mrs. Hunt, an Lnglish lady, 6t No. 6% lionnot stvest. Ior husband called thero to 8o her on soveral ocen- sions, and their Interviows wero genorally vory plensantly conductod, although they appeared to converso moro 8 sequaintances than as man and wife. Homo threco months sgo, howovor, his visits to tho houso woro_discontinued, for somo unoxplainablo cause, and, nlthough ha occasion- ally soou to loitor about the stireot, he did not malko his appearauco at the doorof tho houso until Fridey evoning, whon ho rang the bell and inquired for Mru. Love. Boing told that sho bad gono away for the purpose of caring for’ the child of & neighbor who waa to bo absont from liome during the ovening, he expressed his re- grets and doparted. Beturday morning Mra. Love announced hor intention to spend Sunday with somo rolatives in North Bridgowater, and seemed pleased at the proapeet. Bho bud bogn thrown out Jof work by 1o Noyomber firo, and bad beon compelled to apply hergelf closely to the work of nblu!nlnfi casunl employmont, o that a holiday seomo peculiarly accoptable. Bhe returned home atl o'clock, and, aftor n fow momente’ conyoreation, commonced to dress herself and child for the Joumoy. At2 o'elack tho door-boll rang, and 8oon afterward hor husband ontered the room. Nobody was prosent oxcopt Mr, and Mrs, Yove, the child Grace, and a }:flun" Jlady who elared tho chamber with Mrs, L. This Indy states that, at firat, she deolnred Lior willingrioss to go out, but that she finslly romained, in noquiesconca with & ‘roquest of hor companion, l.ove, who *! seomed,” tolier, “to act strangoly,” approach- ed his wife, and without proliminary conver~ sation, asked hor to coma back and live with him. * This she declined to do, anda divorco was su[gfiusled, and the wifo enid it wonld bo botter that thoy should be soparated logally. Lovo thon asked if, in such an ovent, La agread to leave tho child with her that ho could soo the little ono when ho wished, Mo this Mra, Lovo nsgonted, _nud tho conversation substantially onded, and she continnod hor %e aration of tho child to take away with hor to Bridgewater, ‘Whon this was dono, Mr. Lovo took the littlo ‘girl in hisarms and started to go down staiva, ife and her lndy compauion. Pasaing: around tho corner of the ontry to tho right, Mr. Loyo entored the lkitehon, still hold- ing the child in hisarms. _Ho stood ngainst tho wall of tho room, ~BIrs, Hunt and thirao other ladies wero thoro in conversation, Mrg. Love outored and bid them all “@ood byo," when nnmuhudy aeked, “ Cun't you kisa us good-byo, Gracio?" R Tha littlo girl attemptod to got down from hor fathor's avme, but he refused to allow Ler to do o, Walking around the room, ho stooped bo- foro ench individual, and tho kisaes -wera given on her part and roturned. Apprehonsions weroe excited that ho mfl,’ht entertain an fden of kid- unpplui tho child; but, after he had comploted hin walk about tho_kitchen, he returncd to tho doorway and stood, for & moment, motionless, Suddonly turning oround, ho sirodo into the ontry, from whence, almost instantanconsly, the ruparl of @ pistol was hoard. Thore was o quick movoment from tho kitchon, aud, to the horror of tho spectators, tho body of little Gracio' was found upon its face, with blood pouring from hor vight car. Her falher could not bo seen, L'he child way taken into tho kitchon at onco; but sha was unablo to speak. Daring the bustle and confusion which cusued, two edditionalshots wore heard, altlongh littlo attention was Yl\m to thom at tho time, for it wan supposed. tho murderor hind escapod down the frontstairs into tho atvoot, Such, however, was_ not the caso. In n briof period Mrs, Hunt had ocoasion to go iuto tho parlor, o small, plainly-furnished room in the front of tho louse, when she discovered tho body of Mr, Love weltering in its own 'blood. Ho was lying upon his faco, and trom his foro- hend, on'the loft eido, portions of his brain woro oozing out., Vhysicians wore summoned at onco, Lut the unfortunato man was dying raplaly, en atbo'clock ho oxpired, without being moved. A blood stain two feot in dinmetor marks the carpot whero Lo lay, Tho body was taken, ubout 7 o'elock in ‘the ovening, to tho city undertaker's on Howard strcot. Medical nid for tho littlo girl wes summonad, and s soon ag soon an possible Dr. J. G. Blako was iu attend- nnco und ronderod auch aid as ho could to the litilo suiforor, and thou took Lor to tho City Honpital bimuelf, Bofara luavmr,' the hongo the child wag conncions - and mado intolligible an- awora Lo quostions, but it wau iho dootor's opin- fon thatho wounds would prova fatal, 'Tho shots wore flred from ono of Bmith & Wosson's smnllost uize rovolvors, and tho one dlnchurf;ed af tho child ontered hor hoad on tho right side, close to tho onx, taking & downward diveotion. Tho 1ittlo innocent thing wos nakod as soon ny sho could 'spenk, if she lknow who hurt hor, nud sl roplied, “Papa.’ " Whon nskod what ha did 16 with, cho szid, “ A great blaok thing ;" and it sho #aw tho flash, said sho sew o I.u'l$llb light, 'That s child so terribly wounded should have 80 long survived [s & wonder, and that bher lifo may bo protructed for sovoral deys, or that Ler bLedlth may bo . fully establislhied, scoms nlmost nifracnlons; yot, ng sho was Hying and consclous at midnight, “theso opinions which are hazarded by tho surgaons at the City Hospital scom to Lo of tho most rolisble character. 1lor mothar ko baon with ke constantly ; and, iudeod, could ot surancon that sho would 1ot loave hor boduido, | ho physicinug, while bolloving tho ohild his ‘eannot but feel tho urgancu ossily of somo ,offect of. uondnmninfiits principlos; but,.aa it s, _to contributo to the wolfaro of the country, and leava tho bodsido for n sacond, #o sonaltivo was tho child to all that took plnco nbout hor. . It s n{wkqu of aa Linving beon n pititul sight to soo:| tho Innocont sulerer cling to hor motlior's nook whilo trying to mumble a prayer for ropontad na- one chanco for continuod . lifa on earth, atill doubt vory much that tho fatal work has not beon done, Lova's enloldo was a most dotormined ono, Thres ompty chambora wora found In the . pistol aftor ho hiad shot himsolf, ono of tho shols on- torlng tho hiond of tho littlo E(lrl and tho two othors s own. 'Tho flvat shob must havo pro- ducod o mortal wound, but to make it miro ho discharged the contenta of o second chambor. Upon lh'infi tho fatal shots ho foll forward upon Dis fnco, still holding the mm‘)mn in hig right bund, whoroe it romalned ¢/ aftor o had ceaged to broatho, IT'rom both tho wounds not only n foarful quantity of blood, but n hri;u portion of his bran exudod, praucuilug & slckening mpoc- tacle, and ono never to bo forgotton b{ thoro Who witnossod it Tho shols woro fired ahont 8:30 o'clock, aud it was abont an hour afterward tint tho ufcldo bronthied Iia nst, 1o did not nappear Lo chango his position daring that time, nor was ko concelous nt any moment, THE UTAH QUESTION. An futorview with President Grant, Washington (Feb, 1) UM{P{IM,I to the New York Ierald. Congross ls boginuing to thiuk that it i high timo to sottle tho troubles in Utah, and by somo sort of legislntion corroct the abuses which buve boon 8o of ur}uantly dapicted beforo the House by novoral of the Torritorial delogates, who doclaro that in this froo epublio thoro oxists tho most shamoloss dospotism, » dospotism moro galling thon that oxerolsed by » Pasha in the remotes nrts of the Bultan's dominions. Genoral Nog- u‘y, of Pouna}v;lvnnln, In company with Delegates Olaggett and Morrit, and a Herald correspon- dent, collod itpon tho Drosidant lo-day to have an intorviow with him upon the subjoct, 'The Prosident recolved tho party at once, and signi- fled hia willingnoss to liston to what ' hin visitors 1{\1!, bt havo to say, Tho conversation began ns ollows -Gonoral Nogloy—Mr, Pragsident, I havo eallo to-dy withs tho datogaioa. tromm. Tauho ol S tana to draw your special attention to the torri- blo condiclon ‘of nffalrs in Utah, with tho roquost that you will givo them your speedy atteation. Prosidont. Grant—I s willing toliaton to you, gevtlemen, £ Mr..Olaggott—It is a shamo, Mr, Prealdent, that our beautiful : country should have such & plaguc-spot_upon ' its wide domadn g this Gov- .ornment of Utah, Thougl you livo at a far. dis- tance from-its lawlessnoss, Mr. President, you sm}zu boing talion'to rome: Progidont Grant—That gott. The social, political, of affairs in tho Territory of Uteh is rotton and corrupt. Evur{ principle of tho Goverment of Drigham -Young .is ‘in. diroct opposl- tion to the principlos of - our Government." If Utah worc not within our bordars, if it wero an adjncent province, wo might woll exouse our- solvea from intorforing, oxcopt by the moral ly it~ 1a vory true, Mr. Clag- snd judicial cundiflgn tha final {aate with Utah oannot ha avelded, Goneral Nogloy—As tho. conntry becomes moro and moro sottled by immigration along tho lino of tho Union Pacifle Railrond' the conflict botwoeon the Mormona and the so-called-Gehtiles will 'become ineyitable, It {s & quostion, Mr, Prosldont, that -is. not easy of solution, but novertholess it.isona that cannotbo ovaded. ‘Wo nro woll'awaro, Mr, President, of your desire that to you wo can confidentiylook for n solution of this problem. * . 2 - Aftor this. Prosidont Grant sat. in-silenco for gomo timo, a8 if ho wore reflecting; although his face wore no-ronsonablo outward oxpression: Finally ho remarkod: ““It in a sad coge.” . - Mr, Morritt—For a long time we people of tho Territories adjacont have waited in pationco for the Government to abolish tho despotic and cor- rulxt rulo at our own doors; but there has been delay aftor delay until wo feol that tho oyils of Brigham's managoment shotild be no longer borne, The demoralizing effect of this rule, and its excluaion of all othors except Mormons from ? flhsm in'tho riches of Utaly, should bo-sbol~ shod, - * Prosidont Grant—Exolusion ? - Mr. Morritt—Woll, oquivalent to that. The Inwa diseriminafo with - groat_sevority against those who do not belong to Brigham Young's Chureh, go that it amounts to virtual oxclusion, General Nogloy—Ono of the worst fentures of this Government is that it logalizos, in & meas- ure, alavory, almoat a8 dograding as that of the blacks bofore the war, Prosidont Grant—That Is roally = bad state of offaira, Mr, Merritt—That Is one roason why Brigham Young onn bulld rilroads and all kinds of public zyorlm 80 ohoaply as to drive away all compoti- ion. A Prosidont Grant—Just go. Mr. Olaggott—The whole Mormon system is n logalizing of what in all other Btates is pun- Ished with {mprisonment’ a8 folony, ‘It stamps the brow ,of- every child born in the Mormon croed with the nambo of bastard. - Thon followed vory -intoresting . statementa from tho dologates, who furnlshod the Proaident g&tl.‘\ coplons statistics in rogard to the affaira in all, ‘When tho subject was fully stated, the Presi- dent poid: ‘*Well, gentlomen, what fa your immediate desire in this matter? General Nuq}ey -~The appointment of s special committes to look into the mattor, and prepare i:lt;[nah of facts for future Congrossions ation. ; Prosident Grant — Gontlemen, I assurp you that what. you haye eaid to-day hes awakened my intoreat, and I sgreo with you that Bome- Alifng should Lo dono to remady the unhappy stato of affairs in Utah.' Iam inclined to favor your proposition to appoint a snocial commiittoo. Tho dologation thon withdror, Goneral Negley when outside sald to tho Herald correspondent that n resolution will probably bo introduced In tho House on Monday resquesting tho. President to appoint such s commigsion. legis- —_— A Neat Little Procession. ? Froni the New York Sun, On the 4th of March coming the following tal- onted and high-tonod procession. will proceed down the Capitol etops at Wasbington, and aftor approprinto mueic by the Maring Band, be die- poread to various parts of tho country : £ %‘he Hon, Schuyler Colfax, of South Bond, nd, - * The Hon. James W? Pattorson, of Dartmouth Collego. N. H. i - The Hon, James Harlan, of ‘tho Washington Chronicle, newspapar: ? o Hon, Samual Rausas, : 01d Ames, ‘Tho progosaion will halt at tho foot of tho avenuo and be addrossed by Mr, Colfax, with the following romarks, accompaniod by o smile ; . Nelther Oales Awes nor any oflier péraon over gavo o offerod lo glve mo ono sliare, or twenty sharcs, {wo thousand sliarcs,.in the Cred{t Mobilier or any otlier railroad stock ; and unfortunatoly I bave never scen or rcelvod the Yalue of a farthing out of the 210 por cout dividends, nor the 800 per cout dividonds in cunhy stock; aud bonds you Lave read about overy day for tho post month, nor 100 por cent, nor 1 per cent, uor tho tenth of 1 por cont, E Mr. Colfax will then rn&ont £the following chal- lengo, uttored and published in tho teeth'of tho whola world, at South Bond, in Septomber last : I liavo said that I would Iiko to buy twenty shares at par, if attatueble, in tho Btudebaker Wagon Company, orthe Birdsell Clover Beparatur Oompany Lere ; and f challenge citlior ono of tho two last Companies (o givo 6 such a1 OppoFIAlLy NOW OF Horeafier. Mo will bo followed by Piofessor Patterson, who, b s&clal roquost, will ropoat for positivoly tha fnst tlmo Lis touching farowall to publa lifa in the following beautiful languago : Of this outrage dono to the fair fame of men who | have lived withiout roproach for half a contury, by driving thom into tho gazo of tho publio with a scourge of epithets which should be laid upon tho lowest criminal with caution ; of the torturo Iniioted upon men censitlvo of their good namos by subjecting thom to legislativo inquisition without sufiicfont rea. son, Linoy take ocension Lo apoak clsowbiere; but hiorg 1 closg, eimply mmnfl(lnq 1€ such things aro to con- tinuo, all decont men will leave publta lifo, us I do, with pleasure and not with rogret. by The Rov., Mr, Harlun, bofore pronouncing the bouediction, will Lold up_to public scorn and roprobation two checks of Dr. Durant for 86,000 each, with the following pertinent discouran 3 ‘Tho expendituro of nionoy ot cluctions is & grow- ing evil, Tho apology for dolng it on one side is that it 1 done on tho other, and tho peril grows out of tho fact that it {8 often bandlod by unscrupulous agents, who make a usoof it not contemplated by thaso who furnioh it, A public sentlmont that will make it perile ous to s candidato to aliow the expenditure of moncyto dpflucnce oloctions, wilhout restricting itw usos within cloarly prescribed {lmits, 1a one that nocds atrengthone Ing by all tho arguments cur best men and purest jour- nals can adduce, The Hon. Samuel O. anem{, known to tho genoral public ss % Tho Chrlstian states- man " and to the lobby as * Bubsidy Pom," will follow Harlan, boaring on his manl shouldors a transparoncy bhaving ome side insorlbed with tho following cortifleate of char- noter, uulng"y and obituary, from the pon of the ominont salut who Frooedea him: Wo aro uiterly ot a losa to acconnt for such o repro. nentation of Mr, Pomeroy, “Those who know him in. timately and well Lelieve! him to tho trucst . and of men, a4 oy know him to ono of the most generous, His Lunefactions havo wado buudrods of worthy familios relolce. Thoso . Pomoroy, of Atchison; who ought to know him thoroughly rogard him as sine ‘gularly uusclfishi, caring ouly for moncy as he can t, lmt’ to sggrandize himsclf, but to accomplish 0 'good, :0n tho opponito side of the transparoncy a roprosontation of the “truest, and purest, and most gonorous of our }mblln mon" offoring in his ‘' singulnrly unsolfinh way" 8,000 in groon- baeks to Hato Honntor York, of Kanars, *not to nggrandizo himsolf, Lut fo mum{:n’m Homo good,” and make *fiundrods of worthy familics rofolea.” _"'ho_dantardly conduch of York In turning over Ulie whole ‘sum _to the Spoaker of the Kannas Teglalature and thus obatructing and defenting n bonefdotion which might have mado -hundreds of -wortly familios rojnFcn will bo only romotoly roforred to in the (usarivtlnn “ Man's inhumnnity to man makes countless thousantla mourn,” 74, os o, Old Amoes may or maynot make somo romarda Ho fa & man of intermittent memory and Bphi« modic uttoranca, Ha will bo nccompanied by sh army wagon containing voucliors and mromo- randa, Jim Nyo would like to sccompany.the Progass elon, but boing o man of profana disconrae and having Uirentonod to lend Prof. Pattorson ovqr to tho Patont Oflics and doposit him as s * o]l of o d—d fool,” ho has boon barred.out, =" 7. Asido from tha gontlomon namod, no wind {ustrumeata will bo allowed in tho ling, Sonator Pomeroy, being an carncut advoosto of Hquor prohibition, inglets that no ono ayen'In the band shall tako o Lo on tho ocension, W WOMEN'S RIGHTS IN ILLINOIS, From the St, Louts Repubdlican, % Tho rights ot marriod women ubder tho rocont otatutos of Illinois woro supposed to be quito formidnblo aven boforo tho full extent of their doparture from the old common law standard was rovealed in tho lato decision of Judge Blod: ott. In that Stato, at least, tho tyrant man has? lten tho whole burden of marrlaga o’ hig own.- shoulders snd ralioved his halpml%is from all ot its peouniary responaibilitica, - 1f thoy both own Broporly at tho timo of marriage, every cent 0 hos” becomos . liablo - for hor debts, in. cluding oven thoso contrnoted by hor befora * marriago, but ngt- ono farthing of ber'prap- . orty can bo touched for nn{ ona of his dabtu“?v’x‘ fact, his property can bo taken for her ante« nuphnl dobts and she yot rotain hor own prop- orty. What is his is liors, and what {8 Lora Ys Larn, auro enough, and uot his at oll, Sho iy midtrosa of her owr timo, ‘can engage “{n- any. businosa sho pleasos and collact and coutrol her’ own earnings. And not n cent of these onrnings, or of any proporty sho may Inherit aftor mars rlu&u, can be takon for tho support of her childran, her husbaud, or hersolf, wqflla thiolnet . cont of Lis oarninga aud ovory dollar he ni, lorit is_pledged by law to feod and his wifo'and childron, no matter how oor he moy bo or how rich thoy may bo. When tha wife' dios, tho husband doos not_gat o farthing of tho Wifo's proporty, though It bo worth milligns,. ‘Whon'tho husband di #, and thoro sra children, tho widow -gots a third of the pro orty, boaldes a varinble spocific allowance, aad, if there are no childron, o gots all absolutely. ' Tho wifo can— 1ok bo ptinished for & crime committed'by Lier at' the command of lior- husband, whila bé'js pun~ ishad fow any ortuiv 10 May commit'by her com- mand, os well as for- thoso -which sho may come ml'f‘l}'y hlu_%ommnudih 1 litics, all § i 010 nod many.other Inaqualitics, all innrin to tho advantago of-tho wife, in muttors of Jb- Yyorco, soparate meintenance, and-clvil rights and rosponsibilitics, make o protty formidably et loguo of women's. rithm and immunitios under ! tho gallant legiclntion of Illinols, -Duf, s 1¢ . another for‘uro wero nondod'to_brodk. the’ bacl of tho kuceling Bonodict, Judgo Blodgett de- cided, last week, that, uider theso laws, the wifa m?; enter mtu‘plr!nfimhllp‘ witli- hor'husband , and Garry on businoss with him for hior own sop- aratointorost; or with nny othor woman's husband- whoso way of doing_things_gho may like bettar. Bho is mistross of lior own .tima and means, While hor ¥ no'er do ¥eel” husband. Ia. roaporiais blo for tho'care and maintenance of. herself and. tho childron. If sho chooses to plend prossing business, cnnflninfi bLerto hor distant counting~ room.and thie:saclety of . her. business- pattnor, the handsomo Jones, until midnight, ‘her own “olq man" o no aiternative but tamind tho children at home, and walt patiently till she lota hersolf in with tho nlgbt-kuf. His. consent to the arrangomont.is-not nt all necessary, and the lnw jealously -guards hor ngainst-his: Interfar. ence, and ~ protects her business - secret: from his "unmannorly gs?lonnge. . Her interost in his ostate ig such tliat ehe can over~ houl his nccounts and eross-oxamine him upon overy suspiclous itom of u:snndlture; but woe to the bruto if ho dare invade the sacred privacy of her soparate businoss. Buch a- violation of hor lawful rights 08 o marricd woman is causg for divorce; all tho exponsos of which, on both. ! eides, will como out of bis pocket. - ° A Nover befors since Evo bacame a purveyor.of . forbidden frult have her married daughters : onjoyed suol prorogatives. Why, even hor oldest born, the sufirago martyr, dnn:m, must rogotd tho ballot-box a8 o hollow mockery, com and to tho stern joys of an Illinols mothior-in<- : aw under this legislation, R v {n- clothe a2 ot That ¢ Speclc of War?? Dispolled,; . . Fron the Washington Chronfele, sods s ¢ Tho Minnesote and Duluth Commissionera aro * in town, stopping ot tho Ebbitt House. The: ara Mayor 8idney Luco and Colonel J. B. Oul~ ver, of Daluth, and Wm. Nettleton, of 8t Paul. ® They are just from tho interview in New York botwoen themaolves, Governor Washburn, of Wisconsin, tho Northern Pacifio officials, and tha brothors Jay and. Pitt Cooke. Tha_incipions .. ** bordor war " betwaan Minnegots and Wiscon,., 8in {g nipped in tho bud by o compromise among, the belligorents, assisted by medintors, It wag - agreed—the two Stato GnnFl'flamana] delegations, and the United Btates Engineer Ofiico assonting -+ (and Congress, of coursg)—that an approprin~ tion ghould bo made for the harbors of bbth Duluth and Superior, in the following terms : *¢ For the purpase of dredging out the Bay off Buperior from the Natural Entranco to the docka "of Suporior and Duluth, and preserving ' each entrance [id est, both the Natural and the canal} foy the uso'of commercos, $150,000." 4 dee It was understood, bolldus, that the Northorn: * Pacific would abandon thor old notion of ‘run~ ning their road eastward by way of Minnesoth Pont ond Wisconsin Pont ‘novoss tho Naturnl . Eutry, and would within & yoar run their rond from Duluth aeross by Rice “tnd Connor Ponts, Into and through Superior City along its wated ront. ‘ The dyko is_to bo opened for the passage o vessels to end fro, and a guard-lock places therein to prevont Injury by tho elulolng forca of 8t. Louis River through tho Natural Entry. Noithor party triunphed altogother in tho ars. ; rangement, but tho Duluth Commissionors ap< poar to be ontirely satisfled. As to tho Northern Pacific’ Railrond Branch thoy say: ¢“All ronds lead to Roma ;" that is to say, wo suppose, thu Duluth in this caso stands for Romo, - Tho Cons gressionnl delegations of tho two Btates hava sanctionod the compromise, and the War Offico agrees to it. Now it only romains for Congresa to “forl,” and all will bo lovely on tho groat Inkes, nud wo will have “peaco.”” I {s but just to tho Wisconsinitos to stato that Governor Austin’s balligoront lottor that * the State would rosist" was withhold by the Minnosota Com sioners, uot dosiring” unnecousarily to irrit tho other side. . —————— An Enu Clnire Sensatson. From the Eau Claire (Wla.) Free Press, Jan, 25, We briotly alluded, yesterday, to tho attempt of" sulcide by Mra. Kiley, wife of Hiram Kiley, of this city, " Trouble has existed in the famlivx for somo time on account of alleged adultery on tho part of Kiloy with s young sister of hig - wifo, It ia said that this illicit intercourso has boon going on for o considorablo time. Mra. Kiloy romonstrated, entreated, and threatoned to make the matter public unless there waaa réformation on the part of the husband, and he would promiso the roformation, but matters went from bad {o worge, and rencwed supplica= tions wore mot ‘with violent and brutal poundings, with -tho avowed object to moko her submissive to his uulnwful action, About two'weoks ago she conoluded to put up with his actions no_longer, and com~ moncad sult for a divorco, However, a sott) mont was finally agroed upon, articleo of soparas tion drawn ns)l, o nfimulng aud moking srrange- wents to pay her £4,000 alimony, After theao arrangomonts wore all, or nonrly 6o, consumats od by%mr attornoys, l\faggetht Tenll, m!aly who geems to havo Lind imwncusa_and powerful laflus onco ovor his wife, got hor ear and_inducod her to como and live with him again. Without con< sulting any of her friouds, sho returned to him on Frida; ¥nat. Oon Enufiny ovening ho wont to tako tnh{e with the younger siuter who had been tho eause of tho troublo which mnde_ his wifa frantio, oud the lattor —determined to- go along, which she attemptod, but Kiley, taking hox by tho arms, by main forco thrust her into tho howse, and closed the door, driving off,” She, if possible, moro distraoted than ever, went up stairs, nnd again appearcd at tho door. Two porsons, soelug and kuowing her, trled to pers suade hor to go into the houso, but did-not suc~ coed, and wo believe It wns then shorun tho shenra into her throat, and tried to kil heraelf, Kiley eomh? nlm;g about this time, took hor in Lis arms, and carriod horinto the room, robed Ler in hor nlfihwloumu, and tried to staunch the blood, The: two porsons followed them, and, while In this distracted atato, she made some startling rovolations, % 'l‘u-r.ln{ » hemufillu tobo had, and we under stand - that, after the offonco of assault and bate torv. otber charaas will ha nrafarrad,