Chicago Daily Tribune Newspaper, February 12, 1873, Page 2

Q THE CHICAGO DAILY TRIBUNE: WEDNESDAY, FEI!RU;\RY 12, 1873. e e e e e e e e . S Y S R HYDE PARK MUST SUBMIT, Another Victory for the Felj-' tilizing Company. Notwithstanding. Its- Businoss Is Offon- sive, It Must Not Bo Inter- 3 fored With. Jud'g@ Farwell Decldes that It ‘Was Chartered to Carry On & Nuisance, Aud that the Good of Chicago Domands * the Mainteintico of tho Manufactory. . Yeaterday morning Judge Farwoll, of tho Cir- cuit Qourt, gave the following opinion in the cago of tho Northwestorn Fertilizing Company v, tho Trustecs of the town of Hydo Park: ‘TIE DECISION. h «This fs 8 bill filed by tha Northweatorn Fortilizing Company agninst tho villago of Hyds Park and ita ‘Trusiecs, for na fojunction to provent them from in- torforing with tho - business of {hat Company now bolug carried on within tho corporato {imits of Iyde Purk, tho complainanta claim- ing that, ° under s chartor, a5 aTight to continue itu business, and tat tho defend. ants, without authority of law suflicient for that pur- pose, havo declared 1o buainess carried on by com. plaizont to bon nulsance, Lavo caused omploses of ho Company to bo fincd ond arreated, ond thot thoy tureaton to ‘break up tho business ond’ drive it awsy From the villago aud, that thoy will suceecd in so do- ing, and will' fhorcby causo great and irroparable tamago o complninant unless they shinll bo restrained | iring~ & condomuation “ dopot by tho injunction of Gourt, Thoe slatoments of tho bill show that tho busi. ness wlich fho complsinants carry on ot 115do Park is nulsanco, oa woll by tho common Liw, B by our general statutcs, aud by tho ordinances of 1be vilingo of Iiyde Purk, so that tho only ground on which the complainants can olaim thoright to continue thoir bualness ia that undor their chartor their busi. ness f8 suthorizod, amd cannot bo thus intorfered with. The defondants in substsuco admit that thoy aro dotng the thiugs complained of, and that they do intend to brosk up ond_drivo away this busfncss, but clalm that by tho act under which they aro orgatized 2 » municipal corporution, or viliage, and under thelr genoral polico power, they ar : not only sutliorized, but that it is their duty to do all that they hava done or proposo ta do in tho premises, And It i alao claimed by tho defendants that tho complalnnuts bavo not conducted their bLusiness in o caroful or proper manner, 5o tlat (holr works may not Lo un- niecessarlly oftcnelve, This, however, ia denfed by tho complainants, whio ailege that thoy have used proper care, and thoy admit it s their dnty lo conduct {heir works with all prower care, %o that really the wholo question in disputo between {heso partics is mot whethior the complainants pro conducting {lieir busi- ness in & proper mouner, Lnt whotlier thoy have n right to carry it onatall, Iam uot unmindsul of tho tmportant. questiou” fivolved, o tho general anxloty 88 10 the result, On {ho ono hiand, ono of our most prosporous and promising suburban towna ia contending for its right 10 drivo awny n Dulsance, which, f permitted. fo To- mnsn and grow with tho growth of tho city which sup- plies material for it, will, as thoy must, and perhaps ot without reason, prove s groat annoyance, ondan- ering tho health, If not tho lives, of (s inbibitants, cprectato property, and rotard tho growth of thelr town, and naturally tlio inhabitants of thot nelgbor- Liood, and porsons interestod {n property thero dosire 10 sed tho Lown succeasful {n it efforts in that _behnlf, On the oflicr hand, wo sae the compluiuant, having ob- tained thieir chortor, and having invested {holr monoy and establishod thoir business; and back of them the packors, looking to the works of tho complainant ns hd only practicablo outlet and means of relief which, will ennblo them to carry on thoir business hero; and Dack of all, the Olty of Ghicago, ot 51088 {o kuow'whnt else can bo'done with tho offal of tho slaughtor-houses snd other refuse snimol matter, already 8o large, and conatantly increasing. ’ 1t appeara tlat, fu the year 1865, Wall Drothers & Lightball, having boon for mony years engaged In the manufacture of glue from hoofé snd other parts of slaughterad snimals, waro induced to_cngago in the ‘business of converting tho offal recoived from the packers, 8ud from {be city, into an agrioultural for. tlizer, and establishing worksfor that purposoat Alns. worth, on the Oalumet River; that littlo was thon mows of* thomannor in which fafd_ business should bo’carried on, and_tho busincss itsolf was an. “experiment, The placo whers they located * was & wildernoss, ond they might reasonably have supposod that they would be ablo to proscent their work there without objoction {rom, or annoyancee to, any ons, Tho experiments and operations wore, 80 far, eatisfactory and success- ful, and tho growth of theiz busingss was such? that in March, 1807, thoy? applied for aud obtained from the ZTegislature, s charter, in and of which Christian Wall, ‘Louts Wahi, and Jobn A, Lighthall, and' thelr auccoss s0ro, wero ncorporated for » term of fifty years, under the ‘mame of ‘the Northwestern Fertillzing Come pony, capital stock fo bo $50,000, with power “to incrcaso o an omount mot oxceeding 250,000, I addition 1o itio ordinary pov. era containod {n private chartera of this description, aro thoso two sections: SEOTIOR 4. Bald corporation 18 horoby authorized and empovorad 1o establish and maintain chomical and othor dyoworke at tho plnca designated horgin, for {hio purposa of manufaoturing and convorting doad animals and othor animal mattor fato an agrioultural fortiliz other chemical products by means of chomlc a oF DArpsiE, 520,58, Tha 8aid chodafonl works shall b establlshod tn Cook Coun ilinofs, at any polat south of tho divit 1ine botwoon Townships 87 and 38. The sal ‘nay establish and maintain dopats n tho Cityof in sald county, for umfinrnv!n of le'lng and oa Qut of tho Aaid clty, ony an ol il elhas S A R e . oF wileh 1oay bo. dollvoro o o b1ty a thorttios and othax porsons, e o Company organtzed undor (hls ehater, tnvost- d tho requiced caplial, purchased and took possesslon of thoproperty and works of Walil Brothors & Light- Liall, at Alnsworth, established and muintained depots in tho Oity of Ohichgo, and have ontinued tho businass up to the prosent time, "Thio question now to bo considored i, what powers docs this charter confer ? What is tho nature of tho franchiso which the complainants bave under it? Does it offer morelyn corporato existence with no other or greater rightua {o carrsing on tho buninesa theraln mentloned, thdn an hidividasl could haya withoyt any charter or express authority of lnw 2 Are tlioy subjoct {o tho polico rogulstions of any municipal corporation within whoso territory their Kualncxu, or nnmert of it, may Lo carried on? Or, on the other land, docs fhls charter wocuro fo 1h4 complatnant aho Hght fo carry on tho businers thereln ‘mentioned, st tho poiifs thercin deofgnated, o selocte €d under tho charer, freo from fnforterence, provided ihey carsy o suck fusincss in & usefal and proper Thin is 5 question not freo_from dificulty, Unfor- tunate results must often follow whichiever way it may Do doclded. Afles caratully conaidering tho guohia of counsel, and after cxamfning tho casea_refcrred to, and whatéver law Ihovo beeb ablo fo find touchingy the point in quostion, I am of pinjon that tho cliarlor _securea fo fho complainant the right fo carry on tho bustness st the points and g th mauner (hceein apoeiod, s st o polica owers to be excreined Ly the village of Hydo I'urk, or 8 Sae ‘maini )y tho Cily of Ohicago, 1nmat be exercisad in a manner oot to destroy tho chartered rights of tho Company. \¥len the chartor was giveu thom, the things wlich thoy were thorcin aulliorized to do, could not hiava baen dons by them or by individuals without permis- sion or authority of law, to be given by tho Legislature, or a Munieipal corporation having pofice power. Ty the general stututo of (Lo Btate, it was made criminal for any person to cstablish sny offen- sive trade or manufacturo or busiuces, ond he wos linblo to punishinent tiorefor, and {ho muzaneo a0 greutyd by him could bo sbated. Without tiie protec- Hon = of thelr charter, tave had no right (o calablish or mointain depots in tho Cily of Oblcagn for the purpone of recciving and carryng off frem snd out of lio cily, offal aud dead animals, “ho wholo business is offeusive, from tho timo thoy commenco collecting togethor thelr matorlal in Ohicago, to the time tioy completo the manufacturing procesa at Ainaworth, The Qompany {3 not chartored (0 carry on an {noffans siva trado, It{s chartered to carry on_a nulsance, Wietber ‘s company should churtered for such @ purposo, whether such o business should bo nllowed to enrrled _on, ‘were proper subjeets for tho considoration of the Leg- 1elature, o inay preaumo that they gove these questionis due conntderstion, 1In ono senss, it may with propriety bo sald that the granting of the chiartor was {tself o polico regulation ; 1bat it was an u(!or‘th' to find somo practicablo o complainants would which offal of 'm groat Lo aisposed of, By grauting that charter, thoy invited tho corporators to take Lold of thoe _enterprise, to fuvest thuir money, Lo Lutld thelr depofs, to_establish tholr works, to make thelr pxporiments, to entor into contracta to'carry on tlelr businoss, THiat charter, ns otweon tho Stato and tue corporators, is a contract, which neither good £aith nor conatitutional Iaw will allow tho Stato, or any munielpal corporatton acting under if, to violaté or dir- way in city could rvegard, By this I do mnot 3uean that this corporation” s plicod boyond tho reach of the ‘low, or tht it 'hns rights secured 10t which cannot bs taken away, altholgh tho safoly of tho publio may requira it, TAo eafoty of tho people 15 tho supromo law, Under the right of omfnont domain, chartored rights may bo takon ar well a5 any ofhier proporty, Whou ace anired for public purposcs, but tho Conatifution pro- vides that in such cases compensation shall be mado} and, in order to take proporty under the right o} emfbent domafn, {t must appear that {his right of the owner to compeneation fs secured to him, or 1bat thora fa gomo reasonnblo provision made, undor ‘which hie will bo able to get tho compensation to which Lie iy entitled, On this point, I speak with more difll- deuce: but fu tho abacuce of auy autliorities dirootly 1u polit, I do not Lealfato to say that I {hink it to ba s #afe and reasonablo ruling, But 1n the cass befora ug, this question doca not nocossnrily ariac, {naamuch aa (Lo Logislaturo hay not by auy direct action, manifestod any intention to tako from this Compuny tho franchlse seoured by its chartor, It ¢aunot o held sufiiciont Lo enable tho villayo of Hydo Tark o break up the business of (hia Oompany aud ta prevent 1t fram dolng tho s which the Legiaatura wxpressly autborized it to do, fo produce a goneral statute giving that village the Hght o daclae what shall bo-nudsancos, to abato them, and fo punish by & #iu0 thoso whio may croate them, 1t ia a well sottlud il of coustruction that i the Loglulaturo secks to fuke away any chartered rights, it must bs dons by sxpress torwsd, Tho lutention must be olear, sud not lefs to Inference, Thia chartor creates & ocorporation In which the publio bavonn intereat, It iaa private cor- _porstion, but, i€, succesaful In. {4 offortd axid Lusinoss, iy y rgely condyco to tls Pblla wolfere. Tia go eral pus 6 wncl Ol donbt but that been Juatifiod, tho Legislature would linve nuoveasary, in of Innd, Lo for e in ‘Obicago, and for its worka .at Alnaworth, amit for o tight-of-way {rom ouo to tho othor. 1t in s truly a publlo entorpriso an the bullding of rallrond, or tho supply of a town with wator or gas, or provids ing for its acworago, When the Leglalature, by.- acts. of incorporation, {uvitos enorgy and skill and capital to takehiold of 'such ontorpriscs, it s not for mu. niclpal corporations in tho oxerciso of tholr police powers, 1o dealroy_or unroasonnbly to interfero withi thio earrying on'of the busincss which 4s sooured by thoso privato oharters, It Mydo Park, under its ’(‘nnml polico powors, can. rmven thia company sud its employes from bringin, o matorial, upon which it oporates, snto or Lhrmll;fi that town, and can doolsre the manufactory iisslf & nuisanco, 'and abato it, what i to provont thio villa from doclaring, if thoy slould chooss eo o do, the Inying or maintalning of any railrond*track across or alongany of their sircots, or the runiing of cars such {racks, or tho crocting and maintaining of tolegraph polos on the line of the highway, a nuisance, and abato thom, and punish the offendera? To In such traoks, end run the cars, to put up tho tolegrap olos, would bo committing a nutsance, wero it not that E{A\lumrlty of Leginlaturo thoso nota ‘are authorized, 1 Mydo Park can do this, nll tho other towns adjotning tho city of Ohlesgo can do tho samo, and by publia regulationn, so-called, lines of travol and of business wittch entor hors, can bo out, the prosperity of tho clty destroyed, and the come morce of the country scriously affectod. It cannot bo {hat tho Legislature ovor intended to placo s great city attho meroy of ita suburbs, Dut it 18 objocted on tho part of tho dofend auts {hat , this Court has mnot jurisdiction to grant the rellef prayed for in_ tho biil, T think tho objootion shiould not be sustained, If Xam corroct in the viow which I have taken of tho subatantial righta of tho complainant underita charter, fhon it stiowld Lo proteoted i thioso Fights, and tho dee fandant should nat boaliowed to break up ils Lusinces, olthor by moans of yoxatious porsscutions or by pro coedinga to destroy ita works undor pretence of bating s nuisauce, Tho invaslon of a corporato fran. chiso {s iiself nuisanco at common law, and ‘may be prevented by Injunction, Great and irropare- bio damago would to austainod by the complainants and by, tho packing fntorast, ond by tho Olty of Obl. cago, it tho dofondantis wora sllowed, -withiout just right in tho midat of the packing season, to thus sud- donly arreat this fmmonso pusincas, Thoy should not bo ollowed fo suddonly dam up this ontlot, and throw bnck upon tho city this vi ani- mattor, brood ~ discaso and death to mal o ite inbabitanfs, Tho stream should b ou in ita acousiomed channel, until tho quostion can bo fairly.conteatod, Tho Jourts aro open o tho de- fondant as woll as fo the complainant, If tho compiainanta aro carrying ox thotr works con- frary to tho law, nd if, s polnt of fac, tiioy aromain. {ahilug n mulsarics, thoy can bo indicted for ity snd & bill col bo_filed, and they could be enjoined, Elther of theso procecdings would bo matu- ml and proper, but it scoms to me thet tho authorities of Hydo Park, by proceeding to arrest and fino tho lnborera and mon employed upon tho cars, or at the worls, instead of diroctly attacking tho operations of tho Company, and tho mon respousts blo for, and controlling thio business, arc endeavoring to do indirootly what thoy mny not do dircctiy, 1, thereforo, hold the smotion fo dissolvothe tem- porary injunction Lo overruled, and tho order can Lo antorad accordingly. MR, NITCHOOOK, counsel for tho dofondauts, asked tho Court to 80 modify tho injunction as to onable the vlllngn to procoed consiatontly with the opinion of tho Court, Hounderstood it to bo conceded thnt tlmfl could provido such rogulntions, and enforce such polico rogulations a8 would provent’ tho Company's carrying on’ its business in a reclloss .or o nogligont: - mannor, 8o 0s to make a nuisance when there was no nocessity for it, The injunction restrained all intorforence, and they desired to bave it so, modiflod that thoy conld enforco those rogulations which required the complainanta to conduct their business prop- orly. ! g THE COURT SAID that if tho injunction was so0 broad as to have that offoct, it should bo modisled. T - MU HITCHCOCK would like to hiive the Courd. modify it at onco, " belleving that there was no difforence of opinion botwoen counsel on that subjoot. 3R, BWETT, for tha complainants, mousné that tho counel might agreo upon somo modification which would suit all sides, . MR, SIDNEY SMITH, for the defondant, declined toaccede to any auch °| arrangement, and the Court finally decided to take up tho matter this morning, to Boo what modifications, if any, shall bo made in tho in- junction. = —_— SANITARY RATTERS. Weekly and Monthly Mortnlity Roporta—To= winrks of tho Banltary Superintendent. A regular mooting of tho Bonrd of Health was' hold -yestorday aftornoon, President Samuel Hoard fun tho chair. Dr: Rauch presentod his weokly mortality report, which showed the fol- lowing faots: Tho total numbor of, deaths for tho weck was 187, for the precoding woek 171, showing a decronse of 84. The principal causes of - deatl, with decodonts, wore ms follows: Bronchitis, consumption, 10; convulsions, 17; fovers, 9: meningitis, 8; pnoumonis, 10; smull-pox, 8; suicido, 2. Tho genaral hoalth of the cityis considered good. With regard to small-pox, tho roport is minuto in dotail. Tho number of {nfeoted hounses during the week has docrensed, tho grentest change being. in the South Division.. Neatly all the oages for the week wore reported during the first four doys, the influence of the cold weather boing folt per- uopmfl{‘.fl Tho increase in the number of doat small-pox is great, and is owing to the intonsely cold woathor. 0f thoe that dled, five refusod vaccination, and throo of them but Just arrived in the ci?. Only ono of tho de- cedonts was born in the United Statos, the ro- maindor being forcignors. In tho same time Iast yoor we hind 16_donths, 8t. Louis for tho samo timo had G0_deaths, Thoe Bnporintoudent Bradletu o great docrease for the present weol. r, Rauch urfus the nocessity for a now small- pox hospital fmmediatel 30t aro such that thefo can bo 1o |- Author- s Tha zapork o plaoed on/fila: The monthly m{)ort showed the total number of doaths to be 710 ; malos, 380 ; females, 824 ; married, 246 ; single, 404 ; colored, 11; white; 609. Tho most fatal disensos with the deaths roeulting wero: Dronchitis, 29; consumption, 50 ; convulelons, 06; fever, 57; emall-pox, 04, ‘Thore wus an incroaso of ono death as compared ‘with the previous month. The average of daily doaths was 23, Compared with the number of deaths for 1872, thero was & great increnso, ‘Tho mesan temperaturoe was 63¢ degroos lowor than for tho corresponding” month last yoar, whilo there wore 2 inches more rain, Thereis an in- croass of 53 cnses of small-pox over tho month of Docamber, Tho offect of the oxtrome weather during the mouth was obsorvablo in the increaso of donths during tho Inst woek. - Tho Board adjourned, ol — FEMALE SUFFRAGE. The Exccutive Committco of the Illinois Womnu Suffrage Association gave anotlier of their drawing-room entertainments yostorday aftorncon in tho pleasant parlors of Mrs, San- ford, No. 400 Michigan avenue. It is a plonsant feature of those littlo divorsions that they aro always held in pleasant parlors, and among agreoable surroundings, A limited number of Indloes woro in attondance, and thero was a mo- ticenblo absence of porsonal ornamont, as un- usual a8 it was commendablo, There waa not tho sparkle of a_jowel, and not a glimmer of old to bo ucon. It is conjecturod that, witha evotion worlhy of Roman and Carthaginian damos, tho dovotees of Buffrago had Iaid ll these fripporics upon tho mliar of noblo causo, Mra. Fornando Jones showed, by her presonco, the noble persistence in lotty effort which charncterizos all her conduct, Mrs, Wil- lard was absent on nccount of severe illncss. Mrs. Judgo Waite was dotained ut home by things of groat momont, tho roporter is allowed to pro- sume, Bevoral Iadies, rocontly come to Chicago, appearad a8 now accessions to the cause. 'ho Prosident, Mre, Jones, stated that it was & specinl meeting of tho Exocutivo Committoo, callod for the purposs of making preliminary sr- rangemonts_for the uunual moeting, and read a lotter from Migs Susan B. Anthony, saying that sho would bo prosont, if dosired, and'make an addross, It waa rosolved that she shonld bo invited formally, ond aldo that Mrs, Matilda Jocelyn Gego, of Byracuso, N. Y., nhould be requested to come aud make o spocch. Mra, Gogo {8 snid to bo an accomplished ora- tor, und to have done what tho fomalo suffra- glu‘s call “Fond work " for the causo during the rocont Prosidential campaign, It was further statod that Miss owlott, who Lig recontly boon onrolled nmong tho brlefless Dbarristors of tho cit,x, would speak briofly, Tho following ladlos wore appointed a general Committeo of Arrangemonts, to scouro o place of meeting and attend to all prelim! inary l‘xjnulue‘;a[u: n%ru. E,J .l\{wo:ln,isvhwalnnctmua Be- eo, Mrs. Young, Mrs, O, V. Walt 3 v.xx:\vmx?nh lLv']'th ey was intimatod that the mooting would by leld at Myers' Opera Houso, and hntnnmnfi admlssion foo would be charged. The moeeting adjourned, ———— —* West Virginia doferred cortificates” h ot down to 14 conts on tho dollar, nfl:: luwutm uros yot reackiod, ' INSURANCE CLAIMS, —_— Anothor Chapter Growing Out of {ho Great Fire, The'Right of Companies to Demand an Tmmediate Proof of Loss, Validity of the One-Yenr Olause in Policies. Important Decision by Judge Blodgett, The followlng important opinion was delivered by Judge Blodgott, in tho United Btatos District Oourt, yostorday morning: Boveral queations of importance in the settloment of . tho affaira of tho Tiremen’s Insuranco Company, s well 8a other bankrupt insurance companies mow in this Qourt, Lave beon cértified up from tho Neglator for tho opinlon and direction of the Court, Tho poll- cics fsaucd by the Flromen's Insurance Company con- tain tho following clausca ¢ Nrurit—Porsons sustaining loss or damago by firo shall forthrith givo notico of aaid loas ta tho Cuipany, and as #00n thereaftor a8 possiblo rendor & partioular noount of such foss, signod aud sworn to by thom, siating whothor oy and What othior tnsurauce Lins bean mado on tho samo Fronarty—giving ouplosef tho writton portionof i poilofos fioroon: also the aotual cash valuo of the pi an thoir faterosts mn tho. building fusurad, or containing th d, and tho sovoral parts thornof, wers used at tho {mo of tho loss; whon and how tho fire originatod I all also produce’a cortilicata, undor.tho hand an scal of u Maglstrato or Nota: Place of thio lire, not concern or othorwiso, not. rolatod to tho ae ozamiizod tu Bublio noarest to the [ tho loss a8 a o roditor in o d vorily bollavos that tho assurod hns wi loss on tho proporty insurod to the amount s trato or Notary Fabllo shiall cortlty, Thio sasurad shall, 1 requirod, submit to an oxamination or ezaminations undor onth by any porson appointed by tho Gomnany, and subtoribo to sucly examinations whah ro- ducad to wrriting, and shall also produoca thelr bookeof Ao~ count “and othor vouonors, o an for oxamination at tho ofligo of the Uompa extracts and coples thoroof to bo mado, T alko produso cortifad ooples of all hills and involoos, tha oos of which havo boun Tost, and shall oxhibit ail that roinaina of tho property which wan coverod by this polioy, Armagod or not damaged, for examination, to any porsos «., pursons namad by the Jowpany. “}WELY T 1t Is furthormiora linreby oxpra snd mitually agrood, (it o sult or actlon Company, for thio recavory of &ny olntm by polioy, #hall be sustainablo in any Court of law or chan- ‘Gury timloas such sait or action shall bo communood withia Ewolvo montha noxt aftor tho loss shail oocur, and, shoald ny sult or aotion bo commencod Against this Company {or tho oxpieation of tio aforosald twolvo montils, thia Japs of tima sliell bo takon and doemod as conclustvo ovi. donoo againat tho validity of sucl olafins, any statute of Hmitations to tho oontrary notwitbstanding. Theso clauaes, with somo elight modifications of hrascology, havo heon insorted for mony years past B noarly 4l policles Jssucd by firo {naurando. corpa. nios, and thoir binding offcet s essentinl parts of tho contract hava boon froquontly sustained by the Courts, Tho ninth clauso imposes & condition procodent to t0 bo performed by tho ansured beforo any right of ac- ton acerues under tho policy, 1t 18 true, tho Compan: may walvo tho performanco of this condition, many eascs aro found dn tho books.whore tho Courts havo decided what ncts smountod tos watver u hoto cass, but tho prinolple is well oatablistiod that, unleea watved by tho Compang, tho notico and proofs of loss must bo furnishod by tho as- surod, 8 prorequisito to Lis right of action on tho polleyl. Thio queations now submilted (o tho Court azo a8 followa s 1, Ought tho Asslgnco to allow and pay s claim for o losa arising under s policy where no proof of loss, s roquired by the ninth clause, has been submitted to tho Company or Ass{gnes, nof any proof of debt mado Deforo the Aseigneo, or sult commenced in the pro- coedings in baukrupfey within twelve months after tho Toss occurred 2 ; 2. Ought tho Assignee to allow and pay & claim for p loas arfaing under o polioy whero the assured haa fur- nisted elthior to tho Company beforo adjudication, or to tho Asalgnco aftorwards, thio proofs of loss requirod by tho ninth elauso of tho' polloy, but Tiss 1ot proved hisclnfm in bankruptey or commenced sult within twolve months 7 5, Ought tho Afsignoo to pay such clafin whore no ‘proofs of loss havo beon furnishied either fo the Com- puny o Asalgneo, but o ssaurod Lus proved o clulia bankruptey iatho ordinaty orm, prescribed by tho rules within twelve montha aftor the loas oceurred 7 “Tiicro can bo no doubt that the terma and conditions of tho polioy romain binding upon the nssured to tho snmo extent whothor tho Company 1s adjudicated Lank- Fupt or somalus _golvout inotier wiords, tha polics- {m“l‘er must recover, if at all, by tho torma of con- ract, Tho ninth claneo was_ undoubtedly adopted by tho insuranco companics for the purposs of compelling the sasurod to {urnish the Company with all o facts and B 0 maturo and extent losa ustalned, and o full disclosnro of nll tho circumatances affecting tho right totadomnity, and tho Assignoo in bankruptos, who ‘muat Lo auppoged to bo an eatirostranger to 1o frans sotiouuptotho timoof his sppointment, must cor- talnly nocd the information callad for by thls clauso ‘much moro than tho Company, who, through ta agenta nnd oficcrs, placed tha risk, They may bo presumed 1o know soidathing sbout tho nature of tho risk and probablo 10ss undor it, but no_such knowlodgo can Lo presumed against te Assignes. It {8 the dutyof tho aesured to furnish such proof aa tho terms of hia polls ey roquire, and bring bimsclf within tho terms of hia coutract: A8 X satd beforo, tho Company, by ita ofiicors, can waivo this proof, but' 1am very ofoar that an As: signeo can make no such walver, His duty m&\um Dim to allow and pay no claim for a loss unlosa tho as- sured - first shes all tho proofs and submits, gn roquest, to an esamination proviasd for i tho polloy, ’As sn_oMcor of the Court, he can allow 0o claim or dobt upon his own informatlon or kuowl- edge, and can waivo tha performance of no condition which tho sssumod fa bound to perform in order to vitalize his domand, Even whoro proofs have boen furnished, and losses adjusted baforo adjudication, eapecially If such ndjustmont was mada after the inv torvention of actual insolvonoy, as is tho case in most of thie companica beforo this Court, it would undoubt~ cdly bo the right and duty of tho Assignoo to cxumine and roviao sich proafu snd ajustmonte, and call for furthior proofa if tho claim was uot cloarly made out or thero was any ovidence of tho lack of eutiro go falth in tho adjustmont, The twolfth clauso, commonly spoken of 3 the “5enr clauso,” hoa beon held valld by fho Courts as o "Umitation of thio "rlght of tetion Dby contract so froguently ss hardly zo- i bo mafnialned quire suthoritics, As no pult can syainst tho bankrupt after tho adjudication, oxcopk auch ns may “bo prosccuted by leave of tho Bankrupt Court for tho purpose of determining the smount dua onaclaim for unliquidsted damages, proof of dobt under the rules in baukraptoy must bodeomad equivas Ient to tho commencement of a suit within the spirit oud mesing of tio twaltth clause, and i e Com- pany I8 in bankruptey , & falluro of noglect to mako such proof, or bring a &ult, within twolve months from tho timo lods aecrucd, bara tho claim o effoctually 6a would bo falluro to 'se if tho Company. were not in baukruptey. 1 do not 1ntend now to determins the effect of bring- ing auit gainst tho Company after adjudication as & eaving ack ageinst tho)imitation of tho twelfth clauso, 8y auch cases aro probably mot numerous, and may Test oy fucts pecullar to thempclves, From what I hovo alrcady gald, it 15 olear that o negutive answor must bo given to tho first question, A3 totho sccond proposition, Whero Proofa of Toss Bivo been furnished olther before adjudication to the Company or fter 10 the Asslgueo, but o proof of tho clatm mado i bankruptey—it seoms to mo that if tho assured Lus furnishod bis proof of loas, and his loss bus been adjusted, tho amount dolormingd and agreed upon befors the Allng of the potition in bankruptey, oud while the -Company, ncting through its ofiicors, was {n {he managomont 0f iia awn affairs, o suit at law may afterwazd bo maintained upon such adjustmont Jforu balanco struck on soltlement, Tho partics bave agrecd upon tho smount duo uuder the policy Whils thioy were both competent to make such agrcoment, and asult may be maintained onsuch agreement at any timo within tho statutory limitation, And I sm of opinion that if the loss has Leen duly and rogularily adjusted in good faith befora the Cotipany {a_ndjudic cated a bankrupt, tho clalin can bo proven 1'ko any othor debt, witbout regard to tho year-clauss of tho . Doliey, - But {f the proofa of debt wero not submitted or acted upon until afler tho petition s iled n_bank- ruptey, T think that, whilo tho Assignos may oxamino and puss upon such’ proofs for cortain ptirposes, Lo eannot make an adjustment or agreoment o pay upon which an action conld bo maintained, and the asaured, In order to presorvo his cluim, must Lok only presont Lid proofs undor tho ninth clavso, but must nlso maka Lis proof for thoe commencenent of nsuit within twelvo montha undor the twelfth clauso, Tho principlo on Which T hiold thiat an adjustinont of tho loss by tha Company ia 8 waivor of ilic msin clauso, s, tha} tlio Iaw will imply o promiso by tho Company’ {0 pay {ho sum at which tholoss {8 ndjustod 08 n hew contract arising out of the old ono ; but this principle doos not apply to tho Asigneo, a5 No has no right to make an exyress promiso of thiat kind, and tho law will not Im.. ly ono against him from wliat Le may do, Tore, thinls that whon tho assured Lns’ furnfahed hia ?moll of losa to tho Asaigneo, but has falled to follow bem up I praofa of Lis claim in bankruptcy, s claim {2 a1 by o year.ciauso, o tho roj ion, whero no 8 1iavo becn turnished to the Gompany or K’;fl;{n‘egf lflz tho ausurod has proven up his loss ng a dott against i astate i bankruptcy, under tho “rulo of o Hane This caso 18 similar n principlo to tho Dringing of w auit against tho Company for n loss on & Tolloy without complianca with the ninth clause, An T Linve 874d before, s Company whilo in control of its affalra sy waive {hio proofs required by the ninth clause, =ud cannot oftorwards insst upon “Buch proof a4 & condition precedont to Lriuging a suft; and {n casa whero thero a clear evidonco ofa waivar' of tho prelisalnary proof sliown in Uia proof of dabty X thinlk Lio debt ahiould bo allowed subject to the right of tig Assiguce o liavo fuquiry mado infoall tho fats touch- ing suol alleged waivor'; o, to illusirate my meaning, if ult 18 brought on b policy, the platntly et aver 0 provo that o has givon hotico and proof of ot 28 required by tho ninth clsuse, nud aver and. prova paivar of such, nolico sud prdofs. Wien b suvetl tutes proof of & cluitn in bankruptoy for such ault, ho i Bhow olthor complinea with Tho ninth ciavss op & waiver of it : and if tho walyer fa aptly alloged, and atands this ordeal of Investlgatlon as to wholtier It was regularly ruade in good faith, fio Assigneo ahould paytho olley, “Tut if thore is no ovidunco of walvor by Lo Jompany while it had the right to make such waivor, it appears very clear to mo the Asalgnce b Tight 10 pay tho clafm, unless tho assured sowa that lio ios cumplied with the prerequisitos of the ninth clauss, gud o allogatiout of o assurod fu hat Tegard ‘msy bo lnqulred Into by the Assigace, and if 1§ sppears that the Sraofl of + loas tavo not been duly furnished, or waived, ko ahould not pay tho claim, - . Tho propet: practico in casca whero thes Anafgneq ‘wishes 16 contest any claim, of tho natura roferrod to unuder olther of. tho-- foregditig propositions,\is to sk {hint tho elaim bo oxpunged undor tho thirty-fourth xulo of tho gonaral ordera in Lankruptoy, sud proceed 28 in that rule dirooted, HICKEY AND GUND. Are They Removed ?--Can Thoy Bo Restored? To the Editor af The Chicago Tribune: * 8m: Tho public oxcitoment ovor the pollcs dificultios hos passod away, But tho difficul- tios romain, and, notwithetanding sll that haa beon safd and done, It {a altogothor uncortain whether tho final rosult will bo a vietory on tho sido of Law and Ordor, or on tho side of Crimo aud Corruption, “The littlo paroxysm of virtuo whioh stirrod tho popular hoart has subsided; tho great Law and Ordor party, which aroso as if by magic, and showed eo bold and dotermined o front, haa dissolved away ; mon onco moro go quiotly about thoir business, ss if nothing had happonod. The groat dangor now Is, that the matter will bo *fixed up" by somo compromise or other, without a step gained in tho intorcsts of Reform, Ono of tho compromises already muoh rumored abroad is the roturn of tho re- bollious Captaing to their respective commands. In viow of thia dangor, X invito attention to the following quostions : TFirst—Are Hickey and Gund removed? Wo lave been told through tho papora that they wore removad, and we haye beon told that thoir romoval was not yot complate, What has trans- pired s subatantially as follows: Acconforenco was held betwoon tho Mayor and Police Captains, at which Hickoy aud Gund rofused to acknowl- odgo tho suthority of tho Mayor, or to oboy Elmor Washburn as Superintondent of Police. Thorotpon a written notlco of tholr’ romoval from offico was placed in their honds by the Mayor, and subsoquently Borgeants woro do- toilod to not a8 Cn;':)tuina in the precincts for- morly commanded by them, Tho lnuflmgn of {.hu Dayor's bill in rogard to removal owe: Any such cily oficer, or momber of any such Board, may be removed by tho Mayor of auy such eity, whons ever, in hls opfiion, the intorests of tho ity oy re- quire auch removal; but Lo shall roport in writing bia Teasons for auch removal to tho eald legialative nu?l.wr‘ ity at the noxt regular meoting, Tho Mayor did not reg‘urt to tho next rogular meoting of tho Council his ronsons for romoving Hickoy and Gund. What offect, if any, did this lnilur?o to roport havo on the logal sfatus of theso men My viow of the law is as follows : Tho power to romove, whenever, in tho opinion of the Mayor, the intorosts of the city requiro it, is, practically, a q‘nwur to romovo at his discrotion, sinco o {a tho solo ond final judgo of tho necessity. A discrotionary powor of romoval may alwaya bo exorcised without any provious notico or hearing, Tho only acts nacessary to constitute o removal are tho determination of tho Mayor to remove, aud an official notification to- the fncumbont that ho is removed. From that moment the offico becomes ipso Jacto vacant, That provision of the law which roquirca tho Mayor to roport his rossons for ro- moval to the noxt rcAmlm mocting of the Coun- oll, or logislative body, is intended merely to impose the restraint” of publiaty, and provent the Mayor from exoroising his powaer at tho sug- gostion of & tomporary whim, or to gratify moro orsonal motives, ‘Thoreport is & matter purcly gutwcnn the Mayor, tho Council, and the publio. It ia not » mattor 1n which tho officer romoved haa any legal intoroat or concern. No action is required of the Council in respoct to the roport. Thoy can_noither approve nor dissent, They can moroly recoive It in silenco, The substanco of the Inw may bo thus expressod : Tho Mayor may remove cortain officors at his disoretion, but Lo shall report to the next regular meetin; of the Council tho reagons why Lo has ma: such removal. It ho makes the report, woll and good. If ho faila to make it, bio Is morely dorolict in his duly. This view of tho law is plain, cortain, and reliable. Itisn construction cloarly warranted by the languace of tho statuto, andloavos us in no’ doubt us to the rights and dutles of tho Durtios concormed, {lmm 0 boginning to the ond of the transac- on. It is, howover, thought by somo, that tho roport to the Council fa an essontial cloment in tho romoval of an officer by tho Mayor, and that tho removal is not comploto unless tho report is made, X know of no reasons which havo boon Lrought forward to support this view, mnd I Imnow of no men who entertain it, except those who desire to sco Hickoy and Gund restored to their commands. But tho vory language of the atatuto nogatives sucha construction, The Mayor is required to report his rossons for such.re- moval. But how can ho give his rensons for arcemoval, unless ho has mads o romoval ? He is not required to give tho roasons why he inlends a removal, nor why n removal is desira- ble, but simply why Le fias removed. Again, ho must report at tho nex! regular niooting. But next after what ? . Evidontly after tho removal. And, finally, to hold that the Mayor's report to tho Gouneil'is nocossary to complete o removal would inyolve tho whole -subject in uncertaint; and confusjon. Tor, if an officor i not remoye when he {8 officlally notifiedby his removal, then what is his stafus from that timo until the next rogular meeting of tho Council ? Doos ho still continuo to hold thoe ofiico, with tho right to por- form its dutics and recoive its emoluments? Or, if not, {s ho moroly suspended during such intorval? It is cortain that, whon such & noticois gorved on an ofiicor subjoot to romoval by tho Mnyor, ho 1is oither umaffectod it, or is removed, or is suspended. Which Ia the most rationsl conclusion? If he romains un- affoctod until the Mayor roports Lis ressons to the Council, then the latter act becomes the offi- cient act of the removal. Was such the inten- tion of tho Legislaturo? And, if the officer is moroly suspended from the time he roceives his notification ‘until the next regular meoting of the Council, and tho Mayor, from accidont or design, fails to roport his rensons to such meet- Ing, What thon bocomes tho sfafus of the ofil- cer? Is ha rostored to tho administration of his oftice with full right and power, or doos he con- tinuo puspended? And, if ho continues sug- ponded, then for how long? Would it be until the filn:nr 82w it to roport his resons; and could the Mayor legally ro- gort them ot any subsequont mooting? ~ Allthosa oubts and uncortaintios are avoided by the plain and simplo construction, that the net of ro- o8 fol- moval i complote when the ofticor is officially’ notifled that ho is romoved. No other view wiil bear tho lenst examination; and I confldently belioye that no other view would suggost itselt to o disintoroated or un{re}udinnd mins. » Hickoy and Gund, therofors, were removed from tho_time tho notico of romoval was placed in thoir hands by tho Mayor, . From that timo thoir officos wero vacanf. The fact that the Mayor failed to report his reasons for such re- moval to tho noxt rogular mecting of the Joun- cil, in no way affoots the alatus of these mon. All thnt can bo said of this failuro is, that it wna & nogloct of tho Mayor to porform & duty ro- quired of him by law. Second—Ia it desirablo that thoy should be restored ? E ‘Thio Law and Order meoting in the Chambor of Commorco passed o resolution requesting tho Mayor “ not to rostore the insubordinate to tho onts forfoited by them,” This in the sentiment, Y belleve, of alargo mojority of those who ral- Hed to the support of the Mayor and Superin- tondont in tho lato controversy., Nothing lins occurrod since tho romoval of tho Captaing ‘which in any way uxylalus or palliates their con- duct. Thoy submittod only when all hope of succoss was lost to thelr rovolt, No one bolieves that thoy have “repontod,” or that thoy regret anything but thelr foiluro to succeed. They havo not been so remarkable or so efilolent as officera that their sorvicos will over bo misged. Thore are those who can _bring to tho discharge of tho duties of their ‘vacan posta equal oaproity, reotitudo, and morit, Tholr rostoration would injure the morals of the forco. It would embar- rass tho Superintendont iu Lis offorts for disci~ pline and roform. It would oncourago insubor- dination by offoring impunity to the insubordi- nate. It would o a concesslon to the worst olo- monts of socloty,—n compromiso,—a_retrogres- slon. Thess, and other reasons will suggest thomaolyes to tho mind of tho rendor why thelr restorntion {8 not desirable, Third—Can thoy bo restored ? I havo shown thet they ara romoved, and that their romoval ia complote, Thoy arenow meroly private citizens. Thoy cannot, thereforo, be re- Btored by the act of tho Mayor alone. Thoy can only bo restored by a reappointment. A ‘renp- mwlntmunt 18 rendored lm‘puaslbla by the follow- & Erovlu(an of tho charter onover any yacsnoy slall ocour in tho offico of Captain _of Yolico, the same slall Lo filled by an sppofntment from among the perdons then in ofico a8 Sergeants of Polico, No persons are now oliglblo to tho varlous officos ombraced in the Mayor's Bill who were not oligible to those officos boforo the Mayor's Bill becamoa law, No obango was made by — that bill in regard to thoqmalifieations for offiop; snd.tho Mayor -and-Common Cptincil enn only “Bppoint to an offido. frdm_among thoko quallfied Jdnw to {lll-that ofiico. -Consoquont liv. tho placos. mado vacant ‘by thoe romoval of Iickey and. Gund can nul{ Do Ailled Ly n rogular. ap- ointment by-tho . Mayor .aud Commou Council rom among thoro in oflice n3 Bergennts of .Po- lico at tho time thoso vacancies woro crontod, In conclusion, Ifickoy and Gund are removed, and thoy cannof U veslored. Law AxD OrpER, Outoado, Feb, 10, 1670, s DEATH OF A MILLIONAIRE. One of A. T. Stowart!n Partnoers. From the New York Sun, Feb, G, Tor tho laat throo days tho lal'luwiug short no- tico han apposred in the doath columus 1o somo of tho Now York dailics, but being hiddon amoug s dozon similar and moro \vnrd’y nunouncements it Lins eacaped tho hasty ronder’s oyo: WARDEN~—In Parls, France, Jan, 33, Lydla 8, wifo of TFrancln Warden, Eaq,, aged 01 years, Jan, 27, Fraucls ‘Warden, Esq,, sgod 67 years, Tow porsons ontslde of Now York and Boston mercantilo circlos nro probably aware thatthe gontlomnan whose doconso s thus jointly an- nounced with that of his wife was for nearly thirty years ono of tho partnors of tho groat houso of A, 'I', Btewart & Co,, ond that almost tho wholo of that timo was epent by him in mnnnging the businoss of tho firm in Europo. Ho lold, by priority of partnorship, tho noxt placo in rank in the groat estab lishmont to that of, AMr., Stowart himsolf, his_ rolations to tho latter lhaving .beon in Franco, Gormany, and Italy, what Mr., Fox's aro in Great Dritaln, and Mr, Libby's in tho Unltod States, His remains, with thoso of his ‘wifo, aro oxpectod horo on tho 14th or 15th inst,, Mr. Stowart having roceived a cable despalch ymamrani'l from Olarencoe Wardon, one of tho EDM of the deconsed pariner, lnform'!.ng Lim that hoy had boon forwarded to this country, for Vurial, in tho stoamship Hammonia, Thoy ara .tobo Interred in oithor Harmony Grove, Salom, Mass., or Mount Auburn Comotery in Boston. \fr, Wardon was born mixty-soven years ago, of humble parontago, in Balom, Mnass, Whon ‘young man ho went to Boslon and saved money sufliclont to start a dry gooda storo with one Mr, Lomist, Thoe firm waa Enown ns Lomiot & War- don, It failed,with hundrods of othorhouses, in tho panio of 1837, and Mr. Wardon was & soc- onid timo thrown on his resources, What agom- od to him nisfortutic proved to be tha bost thing that could have hn]mmnod Lim, A Boston entloman, now dead, who desired to help him nto business again, sew Mr, Btowart, and told him that thero waa o capital chanco for him to ongago tho sorvives of n firat-class salesman and clork posacesing exquisito tnsto in tho solection of dry goods. Ho concluded by recommeonding young Warden to Mr. 8towart, Tho bankrupt young merchnat was told that ho could have o eituation in Mr, Btowart's storo as clork in tho wholesale dopartmont. Ho accopted, and en- torad in the storo_shout 1838, Mir. Sfowart waa thon dolng businoss in Broadway, between Mur- ray and Wayren streots, Mr. Wardon provod so usoful to his eraployer that ho was taken into partnorship with Mr. Stowart aftor he had beon with him soyen years. Tho understanding was that ho should attend to purchasing in Europo, aud su?orflnu the Paris storo, for which ho was to raceive & small porcontage of tho profits, which were rapidly incronsing, Mr. Wardon started abroad sbout 1845, and gnrmmunfly aottled in Paria. Thoro wore ve: fow American merchanta in tho Fronch eapit then, Mr. Warden novor roturned to this coun- try aftor 1840, but remained on the continent nxl'lyvunclng tho interosts of A. T. Btowart & Co. His chiof task was the choosing of goods for tho American market, in which Lo showed a very nica discrimination. For many years all tho beautiful eilke, laces, carpets, shawls, &e., that wero sont to AT, Stewart wore solected by him. As trado incroased spacinl buyera woro engaged, aud Mr, Warden was made genoral managor of Btewart & Co/s continental dry goods lhouses. Ho hold thia Ensltlun until about oight montha ago. Then tho partnership was dissolved at his own roquest, Iio asked to have a new partnor take his placo, but as no ono was sont to rolieve him ho continued a8 manager until ho died. Although o gontleman of rotiring manner and fond of domestic privacy, his home was always opon to his countrymon'in the Frenoh metropo- lis, Xolived in otyle for a score of yoars ab 16 Rua Berger, closo to the Boulevard du Sebasto- pol. Hig family conslated of his wifo, throo gons, and a daughtor, Julict, who marriod Cap- tain_Cardigan of tho British army, brother of Lord Cardigan, Bho is attachod to tho Qneon's houscliold. During tho robellion Mr. Warden warmly cspoused the cause of the North, and roendered material aid. Mr.. Wardon leaves o fortune which ia esti- manted ot ton millions, all of which he accumu- Inted during lus purmamhl{: with Mr, Btawart, His illnoss was of short duration. On hoaringof it M. Stewart tolographed to Mr. Fox, his part- ner in Great Britain, to go to Paris without do- Iny and learn whother it was not possiblo to save hia busincss associate, When Mr, Fox arrived, Mr, Wardon bad boen dead a fow hours, his do- ceago having followed closo upon that of his wife, who was a Miss Davis, of Boston. It s robablo that Mr. Btowart will take both bodies into his Fifth avenuo palace on the arrival of the Hammonia. e e et BRUTAL MURDER. A Man Killed by a Returned Convicts Dunkirk (Feb, 0) Correspondence of the Bufalo Courfer. One of themost brutal murders over porffi - trated in this part of tho country was committed noar the Brocton Junction about 7 o'clock Satur- day morning. ‘The victim was & man 85 yenrs of ago, named John Flanders—unclo to the railroad conductor, Fay Flandors, who lost Lis lifo a fow wooka ago by tho torrible accident at Prospect Station, Tho particulars of tho murder are as follows & At tho hour named a strauger appoared st the houso of Mr. Flandors and asked for some break- fast, The moal not being ready, ho was asked to git down till it could bo propared. MMr. Flandors found it nacessnry tostepintothe woodshed to cut up somo. kindun;i-woml, and, as if the Fates had ordored it, Mrs, Flanders asked the strangerii ho would Lelp her busbaud. Ho complied promply with the roquost, bui liad not been ab- sont but a vory fow moments bofore she heard strango noises in the directionof the wood-shed, }!m’{!fig{ into tho shod slie there behold o torri- ghi, ble s Ou the floor her nged husband lay blosding and dying ; his skull crushed in and his brains protriuding in a frightful mannor. The flend to whom thoy had offored the hospitalitios of their homoe had'killed him with tho axe he had taken into his hand. The fatal blows wero all doalt upon the head of the old man, and any ono of thom would havo proved fatal. Mra, Flanders, bofore sho could fairly realizo that hor husband had beon murdorod, saw tha asyagpin run bobind ¢ho barm in tho direction of tho railrond track. BShe immodiately gave the alarm, and telograms and officors wero soon in gureu t. During tho day » mon answoring tho oscription filvcn by Mis. Flandors was arrested ot Waostflold, and” upon receipt of this intelli- gonco o Brocton oflicor procoeded to that place and took chufir of thoe prisoner. Returning to Brooton with his man, the follow was readily idontified na the murderer, ‘Tho assnesin turng out to be o man named Dietzol, an ox-conyict. Two yonrs and a half ago, Diotzal was sent to State’s prison for two youts, for brosking mto his victim's houso and stonling o ?unumy of plato and woaring apparcl, Mr. Flandors appearod against him on his trial, and it is altoficthm‘ probablo that tho roturncd convict visited tho Louse of Mr, Flanders on Saturday morning for tho ox- TeEs ]mrposu of taking his lifo and rovenging Elmnul for Lis compulsory stay abt Auburn, The wrotoh was not rccognized by either Bir. Flandors or his wifo rs tho man who had onco broken into thelr Louso and stolon their propor- ty, bnt upon his appearance in Brocton Lo was soon indontifiod na the burglar of two yoars and a-half ago. Tho Brocton Ew{)}o aro torribly in- consed againat him, and at ono time it was foured that thoy would tako the lnw into thoir own hands, 1t Is, it will probably cost tho county $10,000 to tako caro of tho murdoror, Xylol. * The medical mon have a frosh puzzlo on hand. Xylol is & now ohewmical compound, derived from tho distillation of oil of tar, and, according to tho German doctors, it is & spoolfio for the cure of small-pox; but, according to a romarkable stato- mont just made public by a physician in B, Louls, Dr. Walsb, it is also an agent for purposes of robbory and murder. To minglo it with tha Tfoathors of a pillow, and to lay tho hoad upou that pillow, is to dlo, as though by tho fumos of obarcoal, True, all pillows may be disused—bub thon some ovil-disposod porson might put xylol Into the bolstor, and tho Bloeper, recovering from umnlhnnx, might dlo of tho very poison which ourad his disordor. Tho wholo business s com- ggsnnd and xylol will boat s discount—liternllyn g in e murlkot—until such timo as tho ohom- fats and tho dootora tolls us what ia truo aud what i falee concorning it. e ~Tearful oyes are oonsidored to boa beauty in girls of tho l{,'uublng kind, Inview of this a chomist, who doals in cosmetics, bas inventod an nfip}lnlfion which producos tho dosirod tender effcot far botter than onlons can, avd without thelr disarreoablo odor. WASHINGTON. The New Abqi;éifi;fs—e;Shau Senators Be Hlected by the People P . An Acconnt of the Sonate as It Is--Only One-Third of tho Sonts Right Honorahly Filled, Senntorial Expulsions---A Parallel Between Roman nnd Kan- san Politics. From Qur Own Correspondent, = ‘Wasuinaton Fob, 4, 1873, -Tho happlest aecldont sinco the closo of the War has beon the Credit Mobitier oxposura, It has tumbled some hollow effigies of reputation, and proved that ominont succoss cannot curo 1ying tougue, nor ennoble sinistor charaoter. But, in tho moral neods of ®nation, tho un- worthy must go, and not the exposure, but tho concealmont, of their crimon ia tho sign of dia- ongo. 1t Is bottor to meo tho purloinor and the pirato on the gibhot of public opinion, instoad of blandly plying their craft in tho scounity of omi- nence, About this poriod it would bo timoly for somo of thoso old-fashioned sermons on the driving of peddlors out of the Tomplo,—~particularly the poddlers who sold ‘doves, the soft and cooing kind of chaps, who disgnised the trade in tho in- nocenco of the commodity: slesk and harmlesa 1ittlo Orodit Mobilier. The oxposureof thievos ia s : A GOOD BIGN, It is tho firat step to henlth, and fts offects havo beon alrendy extraordinary. Tho franking fraud hns boon abolishod ; tho Btoamship-Bubsi- dy bill to Australia,—s moro grab in tho namo of o trado which sailing ships only can do with profit,—~hns failed; the Goat Island plun- der hos boon repudinted by tho very Congress whioh hind proviously pnssod it ; the Cotton-Tax Refunding bill has perishied ; Pomeroy has boon pltohod out of the Senato; Caldwoll, Olsyton, Pinchback, Carolina Patteraon, and some others will go out, or the Bennto itself will know the sentimont of this tountry by other than nowspa~ por-leadors, - Finally, Oliver P, Morton has ad- vacated tho abolition of the Electoral Collége, and—mirabile diolu /—Jim Harlan has proposed tho elaction of Bonators by the people, He knows how it is himsolf, since ho got §80,000 railway blackmail to elect himself. Outof the fulnoss of tho congolonce and the efficacy of 0Xposure, tho mouth epeaketh ! A UERE 18 THE DILL OF * EXIORTATION Jmar” In tho Senats of the United Blatos, Jun, 51, 1873, Mr, Harlan asked, and, by unanimous conscat,”obtafned; leavo to bring in tho following joint resolution; whick waa read twloo and ordered to be printed 3 Joint Resolution Proposing an Amendment to the Con- Tesotoed, By the Sensts and Homest Rsoresentatives of the United Stales of America in Congress asseni- dled &lwo-lhirdc of each House concurring therein), ‘That tho following articlo ba proposed to thoe Legisla~ tures of the several Btatos as an amendment to tho Coustitution of thio United States, whicl, when ratificd by three-fourths of said Logislatures, shall bo valid og port of the Conatitution, namely : ARTIOLE XVI, BeoTioN 1, The Sonate of tho United States shall be composed of two Benators. from each State, the peoplo of tho scversl Btatea for slx years electors in cach Btate shall have the qualifications re- a:ll.lflu for electors of tho moat-numerous branch of 0 Blate Legislaturo; and, if vacanofes happen by resignatian, or otlorwlse, in'the Sonatorial roprosenta. tion from any State, the Executive authority thorsof shall fsaue writs of clection to fill such vacancies, It may appoar impossiblo to scouro a two- thirds vote in the Benato for the proposition of an amendment which will burn the ships bohind many of the corsairs pud conquistadores thoro, But thicves slouch along in the wake of upright pooplo, evon in the Senate, and vigorous sgita~ tlon of tho subject, and its espousal by the abler mon of that body, will silence the tongue of him ‘whoso unworthiness will be admitted by tho act of opposition. Tho Senate of tho United States was originally designed to refiocs tho solocted sentiment of tho wisost elootors in each Btate,— the Legielatures, It was. supposed that the hoarty emulation of tho Btates would keop high, ond apart from party managoment and momeon- tary passion, tlio exalted officos of these consora ufmx more popular logislation; that the lon, of the torm of Sonator would ordinarily survive tho duration of o party; and that a body of gravo and roflecting men, unusually versod in affalrs, would bridge over Administrations and party periods, and, never expiring, prolong sn aris- tocraoy of intellect, experience, and calm do- meanor. Such was the besutiful conoeption of thio Sonate. : In tho courae of time, tho Scnate has come to bo tho chiof object of political conspiracy, and in nvafin Btato the Governorship is prcamutnd to obtaln it,—mon wallting ovor thoir onths and senso of Commonwealth duty to bound into tho Bonate, and stay thoro two yoars longer than tho Prosidont can keop his office, - The voting constituency of s Stata liko Ponn- sylyonin is reduced from hundreds of. thousands to hundreds, in ordor that a man msy spond o lifetime in tho Benate who could never be elocted Governor, and against whoss namo & rosolution of censure and disgraca ia rocorded on the journal of tho Houso of Ropresontatives. The Senato, in its presont organization, is s\:figusuvo of tho ateady deolino of its manhood and conduot. THE PRESIDING OFFICER of the Bonate, Bohuyler Qolfax, the Vice Presi- dont, has solicited an lnq"ulry into his character on the charges of corruption and perjury, which ‘woro rofused by tho Sonate on tho ground that imfiouhmont was tho only method to rench him, and it was now too late to adopt that, because, slthough the presiding officer might havo beon intoreated in jobbery for the wholo Fnrlotl of his torm, he was soon to retire to privato life, after doclinations too numerous to mention, And Liow could n man remomber his Oredit Mobilier atock who had 80 often forgotten to retire at the timo ho promised ? MIGHT FAVE BEEN. - ‘The predecossor of Bchuyler .Colfax .in the Benate, B, F. Wade, hiad promised to divide the raiment of his country, had he bacn mada Prosi- dont, amongst such people aa E, B, Ward, John Qonness, and other” droviers, He missod thio Presldorioy by the votos of Lyman Trumbull and othors, and has sinco beon riding oxen, in a eonguula! way, through the jobbing pastures of Santo Domingo. NEXT PRESIDENT OF THE SENATE. ‘Tho successor of Schuyler Colfax, Hnnr{ Wil- 8on, hns just escaped tho Credit Mobilier impli- cation by such & closo shave that we hopo it will atondy Liim up for the next four yoars, and that cortain of the angels will have chargo concern- ing lum, leat at any time, whilo uttoring o plati- tudo, he dash his foot against a stone. THE PRESIDENT OF THE 0AUCUS, and vice-presiding offlcor, Honry B, Anthony, is at preent going about tho aity, Baying that there 18 nothing in Caldwell's case requiring tho Bon- ato to tako nny nction,—thereby exoneraling bribery, Ho is an unblushing defonder of ovory man who took the Crodit Mobilior stock. TIE EXEOUTIVE OLERK of tho Honate is a carpet-bagger, formerly & clorgymnn, who iaa publisher of a journal in this city of which the W ‘ashington Herald spoke ag follows laat week: ‘‘ How can wo expect hon- oaty in public lifo when & Bouator (Harlan), the Ixooutive Olerk of tho Benate (Morris), and the Paymaster's Dopartment of the Army (?) unito to publish s journsl at the Capital defending evory exposed rascal of Congroess,” Thoe paper thus spoken of ia now dofending Pomeroy, who, porbiaps, Las an intorest in it. Thoro are about TWENTY BENATONS who fill thoe full messuro of their station, and theso could be even more_roadily elected by tho eoplo than by the Btato Legislatures. Of thoso, our, and possibly five, aro from Now England, four from tho Middle Btatos, seven from the Westorn Btatos, and five from tho Southern States, The Houso of Ropresentatives contains two-fold the wverege talent and oharacter of the Bonate, THE FIRST EXPULSION In 1706, tho new Btato of Tennessoo eleoted as ita firat Sonators, William Blount and William Cavko, Boou aftor thoy had takon thelr sonts In the Bonato, at Philadelphia, Prosident Wash- ington transmitted a copy of s letter addrossed Ly Blount to an Indian Agent nprointod by his influence, pro) aah:f; an {ntriguo to transfer New Orloans and tho neighboring districta to Britlsh rulo, Au oxplanation was demanded of Liston, the British Minister ; and it was diacovored, in tho lauguage of Hildreth, that Blount, “ dog- orately involved in laud-speculations, wished o reliove himself by getting up an English Compauy for the purchuso of his lands, and dreaded the consganences of & retransfor of the Minslesippt Valloy to tho Fronoh,—a military: nn'a' not' s _commerclal nation,—as waa throatonad.’ He hnd thoreforo golicltod the British to assist lila Tonnossoo backwoodsmen and Indians with British roldiory. ‘Tho Houso of Roprosontativos, always moro Prnmpt than tho Benatg, voted to ims:ench Dlount. o was roquired to find neeurity in £20,000, and two aurgtion in $15,000 each, and wan then maquontered, or expolled, by -a-vote unanimoug, lacking one, i Blount was tried in 1708, Tia lawyors, Dallaa and Ingorsoll, filad s ploa donying. tho jurls- dletion of tho Court; on !lm'lloulflo ground thnt Bonntors wora not officors liablo tolio {mpoachod, and that Blount, being expolled, was no longer a Bonator, Harpor and Elyml on_hohalf of the TTouno, anaworod thia plon ; but tho Benata sustainod {t. Tho oxpollod Blount diod suddon- 1y moon aftorward, Thus troason, Iand-grabbing, and secret lottors to Indian Agonln produced an expulsion in tho Bonato in tho Fifth Congress of tho United Btatos, throo-quartors of a contury ago. In tho your 1833, Toli O: Dreekinridgo, 3 n the yoar 1802, Jol . Breckinridgo, Joane D. Bright, and Triston Polic wero expollod from tho Sonnto i buk tholr offonce of trosson, then onernl with an ontire sootion, exonorates thom rm‘n ého more contemptible charges rife at this poriod, FROM RANAAS TO ROME, Tho Bonators of Romo wore forbidden to engago in commeroial pursuits, and that great body kopt its oharacter for a long poriod, uatil Bylls, Omear, and other ambitious captaing made it an Inatrument ; and, at last, ono of tho Cald- wells of that poriod, & cortain Senator Didius Julianus, bought the Imporial crown for about two hundrod pounds storling por yote, or 6,260 drachms, . The life, antocedents, and reign of Didiva Ju;(lfinus prosont an opportunity for parallel rondinga, Mr, Julinnus waa a good trador, and his coni= morcial word was good. Tor a business man, ho ¥as of tho frankest nature. - His checks, when ho bought an office, wera promptly pflfi, and, like men nowadays, ho thought {t" wns of no consaquence what tho lina of business was, pro- vided you could get into it. Tho Protorian Guard, otherwiso the Kansas %nglnlat’u.r% bad cublnl! ihu h“td u‘l'“l’ntlh:l:: oy, tho Emparor, for voting nof on_ tha trial of Androw Johnson, Bulgioians (or Bidzoy Olark) bogan 1o treat for the Imporial dignity, Dut ho demanded the offica by right of party feally and porformance, and sald too little on tho important subjsct of o quid pro quo. At this announcemont, * Hig rrncgmnn and his para- sites,” says ono of the newupaper authorities of his ‘Imu, ! onsily convincod Julianus that ho desaryed tha throno, and oarnostly conjured him to ombraco so fertunate an_opportunity,” This picturo docs not seem to smack of antiquity, but to bo n plain passage in Kansna politics. Didius Julianus was indulging himself in the luxury of tho table whon ho heard that tho pur- plo was for snle. Ho took out his lead pencil, and made o computation a8 to how much tho prizo wonld cost, and what tho opportunities woro for o trado in tho offico, Ho bid against Bulpicinnus at tho foot of the ramparts,—wo had almost said in tho town of Topoka; andat 81,000 in gold per man,—a sum, constdering the incronse of monn{‘, not widoly differont from Topeka's pricos, 0 knocked off tho crown.. 4 0 thon mado a spoach couched in the Pomo- roy voin. He expatiated on the freedom of hig clection, his own ominent virtues, and his full assurance of the aflections of tho Benato. Tho Bonate voted him & golden statuo, but, with that remarlablo sagacity which only & busfnoss Senntor can possess, Julianus ro- marked that “he proferred ono of brass us more lasting; for ho hnd always observed that tha statuoy of former Emporora wero soon destroyed, and thoso of brass alono romsined, not bein, worth destruction.” It tho above'wero signe ‘““Gath," nstond of Xdward Gibbon, tho loyal party ana- would go for it; but tho chiof prace tical differonco is, that tho Iatter wroto sbout a nation destroyod by ita corruption, which might have boon arrested had it possessod such an his- torian, and been aroused by his. depictions of thoso ovil days, k3 Thero was indignation throughout the Roman Empire, but the Bonato’ alono, whose conepicu- ous stafion and amplo posscsaions oxacted the strictest caution, dissembled ' thoeir sentiments, and met the sffocted civility of Julianus with smilos of com%luconny. 8 i8 n good piece of sculpturo of a Bonate to this day,—thodifferonce boing that Didius dealt with Conscript Fathers, aud Oaldswell with Bankeorip Fathers, Tho army, howover, concludod to take Julianus in hand, partioularly after its Genoral, Soptimius Bovorus,—n native of Africa, and doubtloss a progenifor of Senator Pinchback,—had_offored overy soldier £400 to iInvestigate Julianua with a apear,. Julianus, howovor, ealled on tha Prretorian party, to which he had been truly loyal, to dofend him in committee or otherwise, and sought to “nogotiate” with his rapidiy-ad- yancing wuomy. But tho Prmtorians heard tha long, dull rosr of the wholg umPh-a, end aban. doned their crention after his brief reign of six- ty-six days. That Severus should have marchod from the confines of Pannonia (or Kausas) sa rapidly, is proof, szys Gibbon, * of the goodnesa of tho Toads, and tho indolent and subdued tem- por of tho provinces,” Tho dismayed Prrotorians cut off tho hond of Julianus, and wore in- turn. banished aud dise pensed with by the empire, 'Tliis soems fo be o good lesson all around. Julianus; however, waa.spared the humiliation of buying a seat in the Benate from a &ot of ne. Fro {lold-bands, like Patterson, of Bouth Caro. ina, or of buying & patent for it, like tho negra gambler, Pinchbacl, Garm, i 2 NEWS PARAGRAPHS. It is proposed to tench Bpanish in the' public achools of Ban Francigco, et —The projoct for & Union Railroad Depot in Cinoinnati, for some time under considoration, bae beon abandoned. 5 . - —The contraot for the woodwork of the now Capitol at Hartford Las boon awarded to Larkin, the New Haven bulldor, for $260,000. —It i oxpectod that the Portlind & Ogdons- burgh Railroad will bo finished to within alght miles of the White Mountain Notoh the coming summer. —Provincotown, Mass,, has rojoiced in a woelk of sleigh-riding, an event almost unhonrd of before in the momory of the oldest inhabitant, —Baltimore ranks among its proporty ownora the Duchoss of Leeds, Lady Btafford, Lady Emily McTavish, the Marchiouess of W'ullosloy snd Badame Bonaparte Pattorson. _—Among tho articies from Amorica to be ox- hibited at the Vienna Exhibition ia a log of biack walnut, tho largest ever grown, six feet in dinm- cter and' elghtoen foot long, which was cutin Missouri, and weighs soven tons. —It soems to bo the im%russlon in somo quar tors that tho repenl of the franking priviloge carrios with it tho freodom of exohanges among. - nowepapers. This is a miatake.] Free exchanges aro not affected.— Washington Chroniols. —By o curious and melancholy coincidence two deaths oceurred at nearly tho samo time and lace, and on the same train, on tho Central agiflo, n fow duys ago. Ono Bassengar dled of (uick conaumption and the other of intlammatory rheumatism, whick struck to tho heart. —Two of tho most famous of tho former dalmios of Japan have loft home for an Ameri- can tour. Thoy aro gentlomen of theold school, descendants of historical housos, and of courze very much opposod to the innovations of the prosont rogimo, Still they would scem to havo an invostigating turn of mind, and bound to find out what tho now oivilization that is making such a rumpus at home, is like. —The Unitod States Supreme Court has de- oidod that 8 dosorter from tho army, who has beon unufihc and mado o sorvo ouf tho ontire torm of his sorvico, and obtainad a regular dis- chargo from the army, {8, in effect, just as good. 88 f ho had boon faithful from tho frst, and iu Iogally ontitled to his bounty. Thia will b food nowa to thoso who have suffored by the decluion of txlaq Paymastor General, which was exaotly op- posita, —It it {8 according to otiquette for gontlemon to romove their hats ot a concort or the theatve, whyshould it bo otiquatto for a lady to keep hors on? Tho most anuoylpg thing in the world is tosit behind a woman at the thoatre whoso immenso chignon, with & second story of aill, ribbons, laces, and artiflolnl flowers, intorposed botwaon gour line of vision and tho stago, when yotu arg{rying to follow tire mavemonts of the actors, ™. ~Thoe gocloty oditor of tho Washington Re- publican notitlos all ladies that his calls aro mado gololy in dischargo of his journalistic dut: and if hohas at any timo intruded whe 8 rosence waa not pleasing, ho slncercly rogrota lio occurrence, and adda: Tho aocloty editor ia constrained to thus define his ition from nn unpleasant occurronce that happened 0 him In K atreet Enl!erdny—lho only oue, ho s plnne!‘l‘lln lll!ui‘:lhlffl t:‘hfil ?‘! arlli‘hcod since o come monced to poy his striotly and, ho Lo entioman): Visita (o tha ladios of \va.’{;mg:’an mh?f‘y'.’ Esnticcigtly Lividontly the follow haxsbiad hisnose pulled or recoived a storn robuke, ~The Belfast (Me.e Age ig renponaibla for tho romarkoble statomouf that Mr, L. M. Poor, of Bearemont, on taking some oggs from s hon's nost recently, obsorved a slight' protuberanco at tho end of one, but thought uot! !uf of 1t till ko hoard the shell snap, Upon lookiug he eaw a singular substance oozing out, which proved to bo a fully doveloped serpent, soven inches long, which had appacently lain oolled up in tho end of the egg. It was nnnr:iy tho color of the white of the egg, and exhibited some igus of lifo whon it firat cama out,