Chicago Daily Tribune Newspaper, February 25, 1873, Page 4

A i S R i it i 4 THE CHICAGO DAILY TRIBUNE: TUESDAY, FEBRUARY 25, 1873. TERMS OF THE TRIBUNE. ERS OF SUBSCHITTION (RATATLE IX aDVANCE). o ad.....5 12.00 | Sunda 5 S ety 11 L% S350 Parts of a yoar at the same rate. To prevent delay and mistakes, bo sore and give Post (ce addresa fn full, including Stato and County. Remittances may bo mado cither by draft, cxpross, Post Offico order, or fn registered lntters, ot ourrisk. - TERMS 70 CITX STBSCRIDERS. Dafly, deliverod, Sunday excepted. 25 conts per week. Bl dolivend SRndy it 3 cnis per weok: Address . THE TRIBUNE COMPANY, Corner Madicon and Dessborn-sta., Chicago, I — TO-DAY'S AMUSEMENTS. MVICKER'S THEATRE~Madicon streot, betwoen Btato and Desrborn. Eugagement of Edwin Booth. * **Ledyof Lyons." AOADEMY OF MUSIC— Halsted street, eoath of Madion. *“ Counterfeit.” HOOLEY'S OPERA HOUSE—Randolph street, be- treen Clark and LaSallo. **Falso Shame." MYERS' OPERA HOUSE—Monroe strect, between ftsto and Deasborn. Arlington, Cotton & Kemble's izstrel and Burlesquo Troupe. Ethiopian Comicalities. GLOBE THEATRE—Dosplaines atreet, between Madi- s0n and Washington. **Nock and Neck.™ CONTENTS OF TO-DAY'S TRIBUNE. FIRST PAGE~Washington Nows: Tho Bribery Busi- ness; Proceedings 1o Congress—Advertisements. SECOND PAGE-The Pawoll Expedition—Washington Letter—~Found Dead—County Matters—Evanston Itoms. 3 THYIRD PAGE—The Law Courts—Tho City in Bricf—The Now Board of Polics—Personal—Rallroad News— Adrertisements, URTH PAGE-Editorials: Tho Alton Rallway Do~ clsion; Mr. Clarke's Plan of Gorernment; Another Ecad Robbory—Carrent News Items. TIFTH PAGE—Common Councll Meeting—Markets by Talegraph—Railroad Time-Table~Advortisemonts. SIXTH PAGE—Monctars and Commercial—Advertise- ments. SEVENTH _PAGE-The Rallrosd Question: Opinions frum Vorions Quarters—A Strango Story—Small Advertisements: Rea! Estate, For Sale, To Rent, Whaated, Boarding, Lodgiog, otc. LIGHTH PAGC-Toreign Nows—State Logislatures— lancous Telograms — Auction BUSINESS NOTICES. ‘ 2 ND SKIN MADE SMOOTH S'\!" York. oS A LOTTERY-WHOLE TICKET, e & oation pdn T B NAR: TR ES T e0, Henbers, b Wallat S 570, York FOR DYSPEPSLA, INDIGESTION, DEPRESSION of B G e B0 i Bk e Do B the : 2 o . Eont Eoste e by Goiwell, Tiazard & Go ) New Yorky £nd sold by Druggists. TWILBUR'S COD LIVER OIL AND LIME.—THE o f this safo and eficacious proparation is Ent R beab to e atriasic worthe T8 Tho cure.of L 5 3ms of distase, when an agent is ulleviate all com of the chost, or throat. *lanutactured only by A. B. Wilbr, 0. 1 Lh.:nl:-:,nflo!wn{.' Bold by all droagists. THIS SPLENDID uly true and por- The Chivags Tribune, Tuesdsy Morning, February 25, 1873. The sppropristion for the linois River has boen increased by the House to $50,000. One of the numerous lessons of the Credit Hobilier developments is, thatifond and patriotic parents should bo carefal about naming their offspring after public men. . A1l the testimony sgainst Sonators implicsted In the corruption of the Credit Mobilier has been taken, and the Senate Committee will Taport this waak. Theo Pacific Mail subsidy investigation, by the Comnittee of Waya and Means, is being con- Gucted in strict secrecy. Itwas in this way the Credit Mobilier investigation was begun. Ko action hes yet been taken on the Agricnl- tural College bill by the Senate. In the debate, 1t was ssserted that it gave awsy three-quarters of the public lands that remain, and even its sdvocstes confessed that it would constme one- Dalf of them. g Tho New York Legislature must be composed of ecoptics. In & recent charter which it has granted for the organization of Young Ladies' Christian Association it has inserted s section prohibiting drinking snd gambling in the rooms of tho socuaty. Trweed has won another victory. The suit to compel him to make over to the city, withont payment, certain propertyheld by himin Put- 2am County for a reservoir, has been dis- ‘miesed by the Court. The Pomeroy investigation is at & halt on account of the tardiness of witnesses for the prosecution. Chairman Frelinghuysen gives notice that all the evidence must be submitted to-day, and that the arguments of counsel must ba mde by Thuraday morning. The resolution to declare Senator Caldwell to have never beon really elected Unitod Statos Zenator was to have come before the Senate yes- terday, but that body fell to debating the Agri- <altoral College bill, which it refused to lay aside to conaider the Senator’s case. ‘The new Board of Police Commissioners yes- terdsy mot and_organized. Ms, Sheridan, of tho old Bosrd, was present, and, after stating his reasons for his past action, declared his pur- 1oso to act with the new Commissioners, Bo, after one month's flarry, Messrs. Klokke and Teno axoleft to their proceeding in the courts show what right thoy have, if any, to the office of Police Commissioners. The New Hsven Palladium states that a prop- osition hss boen made by tho friends of Mr. Haven, the Republican candidate for Governor, that New Haven may expect an appropristion of €500,000 for & new Stato House it her citizens rally to Lis support. The Palladium is not averso to this left-handed style of corruption, ut wants the money put up before the proposi- cion is considered. The Palladium has evident- 15 been studsing the science of olection frauds snd corruptions to some purpose recently. Prince Gortachakoff proposes that the dispute tetween England and Russia 88 to the bounda~ xies of Afghanistan, for the integrity of whose territory England liss become so anxious, bo settled by an Anglo-Russian Commission. Ac< counts with regard to the Khivan war are con~ tradictory: ono dispatch annonnces that he | Ebivans are ready to sue for pesce ; another telis us that the Russian Government is sending o1 additional reinforoements to Turkestan, and st the area of the warhas so widened s fo rive Ehivan merchants from Orenburg. The most touching episods connected with <ho rocent comruption developments is afforded by tho testimony of Mr. D. W. Bartlett, the Washington correspondent. who tesntied before the Benate Credit Mobilier Committeo that he had hoard sowmebody say thot Senator Harlsn, after receiving the two $5,000 checks from Du- Tant, “ cried over them and offered to restoro the money.” There are very fow peoplo who do ‘not regard the transaction as & crying shamo, but it would be more satisfactory to all concern- od if it could only be ascertained how soon after the receipts Harlan was affected to tears. Ttis announced that tho Ways and Moaus Committeoof tho House have decided o call wit- nosses in the matter of the Pacific Mail Steam- ship subsidy, and that Mr. King, the Postmaster of the House, and-tks officers of the Company, will be suinmoned. It is probable that Col Irwin, the gentleman in charge of the Pacific Mail Iobby during lest winter, would be the best witness that the Committee could summon to got al the truth directly. Col. Irwin was for- merly agent of the Company at San Francisco, Dut has left their employ sinco tho securing of the subsidy. - He would probably not object to telling all ho know, and it is pretty cortain that o knows somothing worth telling. It looks very much as though tho agent of the Associated Press, located at Salt Lake City, is doing work for the Federal officials in Utah. At 1l ovents, scarcely = dsy passes in which he does not seek to manufacture public sentiment sagainst the Mormons and in favor of the ultra persecntion contemplated by some extreme moralists. His latest effort has been to estab- lish the belief that Brigham Young has a regular Credit Mobilier of his own, of which Mr. Hooper is tho.:Ozkes Ames, and that large sums of moneyhave been used to induce the Government to let Utah alone. The prosperous condition of the Utah people and Territory, directly attrribut- able to the energies of the Mormon people, proves that money has been employed ina differ- ent way from Credit Mobilier customs, : Vice-Preeident Colfax, and Mr. Brooks, as Government Director of the Union Pacific, are the only two impeachsable officers affected by the testimony of thte Credit Mobilier Committeo. With regard to these, the Judiciary Comumittes of the Houso roport that tho case against Mr. Brooks fails, as his office bas long since lapsed, and they question whether Vice-President Colfax cau be impeached for misdemeanors committed whilo not in office. They do not think his own- ership of Credit Mobilier stock warrants his im- peachment. A minority report by Mr. Goodrich denies that an officer cannot be impoached for offenses committed before his official career bo- gan. Ifno precedent canbe found for such & course he i willing to make one. After a heated debate the consideration of the report was de- ferred until to-morrow. The Temperance act, which has passed botk Houses of the Indiana Legislature, and only awaits the signature of the Governor to become 5 1aw, is but & step removed from sbsolute pro- hibition. Its very first soction provides that any person desiring & permit to sell intoxicating liguors must present petition signed by a ma« jority of the -legal ~voters of. the town in which he lives, or of the ward in which he resides, in case of & city orgamuzation. The Board of Commissioners must decide that the petition has been signed regularly as required, before issuing the permit. There is littloe doubt that this provision will materislly decrease the number of drinkivg- saloons in the State, and, in some districts, do away with them altogether. The applicant must further furnish & good bond of £3,000, which ‘may be sued apon in any court of civil jurisdic- tion, except Justice’s courts. No permit shall be granted for a longerterm thanone year. Tn other particulars the lawis similar to that of Ohio, Presidont Grant has sent Congross o message, urging that immediate legislation be taken to fulfil the obligations assumed by the United Htates with regard to the Canadian fisheries under the Treaty of Washington. This treaty threw the fisheries of Canada and this country open to the fishermen of each country for ton years, bnt, as the former aro far more valusble thsn ours, it bound our Government to pay & balance in favor of Great Britain. This balance i8 to be dotermined by commission- ors, ome of whom is to bo chosen by the United States, another by Great Britain, and the third by these two. Whatever the sum they decide due Great Britain may be, whether five, ten, or fifteen millions, we are under the same obligation to pay it as the British Government to pay the Geneva award. Congress has notyet taken any of the steps necessary to falfil ocur part in this agreement, although Great Britain has done everything that is due from her. We have used the Treafy of Washington to win the Geneva award and the adjpdication of Emperor William in the San Juan matter, and must uot fail now to meet our responsibilities under it. It we expect England to pay the Geneva award in Beptember, we must not be remiss in onr dnties under the treaty. e The Chicsgo produce markets wers generally weak yesterdsy, except provisions. Mess pork was in good demand, and 10c higher, at $13.10 cash, and $13.40 geller April. Lard was activo and 5o per 100 1bs higher, at $7.62}¢@7.65 cash, and $7.85 seller April. Meats were active and 3o higher, at 4%@43{c for ehoulders ; 65@63¢c for ehort ribs ; 63@c for short clear, and 8@ 83¢c por Ib for 18-Ib green hams. Dressed hoga were 10¢ per 100 1bs higher, closing firm at 85.30 @5.37%. Highvwines wero quiet and steady, at 870 per gallon. Lake freights wero quoted firm 8t 12}4@18c for corn by esil to Buffalo. Flour was dull and steady. Wheat was less active and lo lower, closing weak at 81193 cash, $119% scller Aarch, and $1.22 seller April. Cornwas less active, and 3o lower, closing at 3lc cash and 313¢c sell- er March. Osts were moro setive, and o shade essier, closing at 260 cash and 263¢c seller March. Rye was quiot and 3¢c lower, at- 644@ 650. Barley was in fair demand and stendy at 700 for regular No. 2 and 58 fordo No. 3, Live hogs were in active, demand, and sold nt an ad- vance of 5@10c, or at $£.30@4.70 for common to choice. There wasalight demand for cattlo at about Baturdsy’s ‘prices. Sheep met with a emsll inquiry at $3.25@5.75. The report of the Railrosd Commissioner of AMinnesots shows thst the railways of that State have been operated st & loss during the past year. According to the St. Paul Press, this loss reaches the enormous sum’ of $11,000,000. The pumber. of .miles in operation is 1,650; cost, 957,891,017.83; " gioss carnings, $4,49L,817.14; -operating ‘expenses, €3,928,177.05; excess of £ross eamniogs over operating expenses, $568,- 640.00. From this, says tho Press, is to bo de- acted 10 per contt on the cost of tho roads for roplacement of rails, repeir of rondbed, To- nowal of rolling-stock, tics, etc., $5,789,- 104,78, ond an ogusl amount for interest on capital invested. “Itwill naturally be in quired,” continues the Press, “how the railrond companies” manago to meet this enormous de- ficit in_ their treasuries. To our inquiries upon this head the snswer is, that portion of the sum is realized from the proceods of the sales of tho railrond lends along their lines, and that tho remainder is made up by tho issucs of bonds, and bya varioty of other dovicos which tax the financial ingenuity of the officers and Directors 10 the utmost.” Threo of tho Minnesota roads (tho Sioux City & St. Paul, the Milwaukes & St. Paul, H. & D. Division, and the Northern Pa- cific) show an excass of operating expenscs over earnings, the last montionod being 206,872 in arrears. The Ropublicans in Spain are not alone in their troubles. With that peculiar facility for Retting into quarrels which all Spaniards seem £0 possess, some of the royal claimants ara now getting by the ears. The latest dovelopment is & complete rupture botween the Duko de Mont- pevsier and ox-Queon Isabélla. Tho cause grow out of the quarrels betwoen the Queen and her husband, which the Duke, in a lotter to Qaeen Christing, Isabella’s mother, said he regarded as jeopardizing the dynasty. Tao Duke, it will bo remembered, bolongs to the dynasty by virtuo of marriage with Louiso, Isabellz's sister. Queen Clristing called her danghter's attention to the Duke's communication, whereupon Isa- bella declared sho wonld have no farther rela- tions with the Dake, but would reserve her lib- erty to do the best she could for herself and her son, Alphonso, Prince of Asturizs. Meanwhile, the only claimant to the throne who seems to bo working with energy is Don Carlos, who not onlyhas his adherents under arms, but is in Spain himeelf, directing matters. i o iudly The Rev. Thomas Guthrie, who died yesterday, has long been known for his active benevolence, and the keen controversial part ho took in many of the ecclesiastical questions of his day. He was born in 1808, in Brechin, Forfarshire. He studied for the ministry, and, after having been licensed to preach in the Church of Scotland, want to Paris to study medicine, in ordbr that e might be able to caro for the bodies as well 25 the souls of his parishioners. He then songht to scquire & knowledge of business in his father's banking house; and, finally, in 1830, he began to preach in the Parish of Arbirlot, in his native county. He veryacon removed to Edinburg, where he has since lived. He was one of those who, with Dr. Chalmers, Cunning- ham, and Candlish, agitated tho non-intrusion controversy, which ended in tho establishment of the Free Church, in 1843. The poorer classes of Edinburg have cause to remembor bim with gratitnde, for the heart-stirring appesls which homade in behalf of the destituts and nban- doned children of the Beottish Capital. This Jod, in 1847, to the insuguration of tho Edin- burg Original Ragged or Industrial.School, The works which Dr. Guthrio lesyes behind him aro ““Pleas for Ragged Schools,” and * Ezokiel, the Iuheritance of the Saints.” He was for ‘many years editor of tho Sunday Magazine. P el The newly-converted sinner is always tho most enthusiastic for the good causo, and the most vindictive in his desire for the punishment of tho obstinate recalcitrants. The New York Times is s example in point. It bas but very recently been converted, and, now that the scales have fallen from its eycs, its determina- tion that-the guilty parties implicated in tho Credit Mobilier corruptions shall b punished 18 very retreshing. With roforenco to Credit Mo- bilier it saya: It wasin fact andintent frand. The interest of the United States, and that of minority of the stockholders, were deliberately sacrificed to the greed of & few men, who pocket~ ed the money of others under false pretonces. The Credit Mobilier was swindle, and, if thera i8 any means for tho Government to get back the proporty of the people, wo hopo Congress will adopt it.” With referonce to those concerned in its corruptions it says: * Amea and Brooks are looked upon &8 scape-goats, and it is gener- ally asked why all the other persons implicated in the Credit Mobilier affair should escapo ? Congress has given up almost the entire session to the investigation of this scandal,—we have heard of little else. It will do well to finish tho work thoroughly now. Let justico be done, no matter who may euffer. In some cases, the conduct of members does not seem to warrant their expulsion. But does 1t 1ot call for & vote of consure? The disgrace which such a vote would affix to the accused persons would be In itself & severo punishment.” The New York Herald hos information from one of its foreign correspondents that Amadeus resigned the crown of Spain bocause he thonght that the opposition which ko would thus show to the Ministry would conciliate the army, and that the Jatter would call him back to the throne. In thig case, he would have been relieved from the constitutional restrictions which limited his power accordingto the lnws of his first accoptance of the crown. The events inthe reignof Ama- deus, and the character of the man as portrayed in his actions, do not favor any such construction of his resignation. Amadeus went thore, as ho thought, becauso he was the choice of the paople, and woa evidenily disposed throughont his reign to give them & constitutional government. Ho tound the people of Sprin unpropared foi this gort of government, There was but & small ‘minority who secmod to understand the nature ofit. The:vest majority wns divided between the adherents of some hereditary monarchy, of absolute’ pretensions, and the advocstes of & republicto whom the license of Communism, ratherthan' the protection of constitutionality, ‘was the objectivo point. Amadous was exceed- ingly wise in concluding that it would be a frait- less effort to induce these two oxtreme classes to conform £0 & rational mode of government ; and, after & trial of s couplo of years, ho left them to seck discration through any means of discipline that circumstances might provide. It .was, much:the game situation which King Leopold, of Belgium, once met with equal wis- dom, The revolutionary spirit baving extended to his people, he reminded them that they had.| called him thero, that he was propared to give themaconstitutional governmentif he remained, and that,'if thoy did not want that, he proposed to leave them. The difference between Bolgium end Spain is, that the people of the former country were rational enongh to ask such s msn to stay among them, while the people of Bpain are foo radical and too erratic to act in the same way. Itis probable that the prosent Re- public is but another step in the discipline to which the Spanish people are subiecting them- selves. Wheroor in what this disciplino will end, it is, of course, impoasible to sax. THE ALTON RAILWAY DECISION. The decision of tho Suprome Court of Illinois in the McLean County case will command uni- voreal atlention, not onlyin this Btate, but all over tho Union. It is the first decision of an sppellate court npon the question of the power of the Legislature to prohibit discriminations in charges for freights between pointson the line of the same road. The Alton & 8t. Louis Railway Company demandod and collected $5.65 per M. feot for the transportation of lumbar from Chicago to Lexington, a distance of 110 miles, whilo it delivered lumber over the same rond at Bloomington, 126 miles from Chicago, a¢ €5 per M. feot. Tho lumber consigned to Bloom- ington passed throngh Lexington. The section of tha law covering the proceeding is as follows: That no railrosd company organized or doing busl- mess in this State under any act of incorporation or genersl lass of this State now in force, or which may Dereafter bo enacted, shall chargs or collect for the transportation of goods, merchandise, or property, on iLa £aid road, for any distance, the ssme nor any larger nor greater amount as toll or compensation than is at tho same time charged or collected for the transporta- tlon of smilar quantities of the same class of goods, ‘merchandise, or property, over a greater distanco upon tho same road, The Cirenit Court gavo judgment of forfeiture of charter against tho Company. The Supreme Court has reversed this judgment. It holds that, while it is within the power of tho Legis- lature ‘to prevent unjust discriminations in treight-charges, the present law is defective, and cannot b enforcod, because it ostablishes an arbitrary rale, applicable alike to all differences in rates, whether such differences aro unjust or not. The existing law csonot, therefore, b exccnted, snd must be smended to_conform to the principles Iaid down in tho opinion of the Court,~an opinion concurred in by all nine Judges. This decision, being the law of Tllinois on this subject, must be rospected and obeyed. It prac- tically roquires that railroads shall shos that discriminations in rates, where they exist, are Just and unavoidsble. Thia brings up the ques- tion, Whera is the responsibility for such dls- crimination to bofired 7 In the case at bar, tho Gity of Bloomington enjoys the ndvantage of having moro than one rosd. It can get lamber trom Chicago by tho Chicsgo & Alton Road, or the Tilinois Central Road, and from Toledo by still anotherrond. Thelstterrosdhasancbjectto be gained by building up a trade between Toledo and Bloomington in lumber. To encourage that trade it reduces ita freights from Toledo to Bloomington on lumber below tho rates charged by the other two roads. The question at once arises whether the Alton and the Tllinois Central Railroads ehall abandon tho transportation of lamber to Bloomington, or, by & like reduction of rates to that city, shall seek to refain the trade ; and whether, if they adopt the latter course, they must make a like reduction of rates toall other points on their rosds, whero tho same reason does not oxist. ¢ is also s point to be determined whether this discrimination is sgainst Lexington, or in favor of Bloomington, and whether it is not & result, either of the nat- urel position of Bloomington, or of scquired facilities over which the Alton Road has no con- trol. Assuming that the rateto Lexington i not unjust, excopt by comparison with the rste to Bloominglon, would not the requirement to make & uniform rate, to be computed by mileage, operate to compel the two llinois companies o abandon their Jumber trade with Bloomington altogether, -and thereby deprive that city, and the part of the State supplied therefrom, of the benefit and advantage of having three competing roads—an advantage for which the municipality has paid largoly in the way of subscriptions and subsi- dica ? The Railroad law will therefore have to bo smended, and, when the Legislatare is about its it i8 to bo hoped the niggardly policy of the past ‘will give way toamore liberal one. Notwith- withstanding the appeal of the Com- missioners for money o psy for the services ‘of counsel and for incidental expenses, the Leégislature refused to appropriate one dollar for the expenses of litigation, or to enable the Commissioners to prosecute clearly- dofined offenges. The only money the Commis- sion has had to apply to these purposes was £500 given out of tho contingent fund by Gov. Pelmor. They kave been compelled to gropo in tho dark; have been expected to prosecute of~ fensos for which the law providedno penalty, and have been left without a dollar to employ counsel, ‘procuro testimony, or pay costs of litigation in clear cases of violation of 1aw. Any law on this subject of railroad froights must rest hereafter upon the theory that the discriminations are un~ just in fact, and consequently litigation must bo more expensivo. To prosecuto such cases, the Legislature must makes liberal appropriation. From official tablea furnished by the Rail- road Commissioners, we learn that on July1, 1872, there were in actual operation in Illinois 6,258 miles of railroad, and 1,687 in process of constraction. Tho average cost of tho twenty- eight completed and classified roads, having 5,391 miles of track, was £42,261.48 per mule, ‘making tho aggregate cost of these Toads, 925, 829,271, Tho gross earnings of theso roads wero 943,207,428, The cost of the tenty-eight roads is thus represented : Capital stock paid in. Funded debt. Floating debt. Total debt.and capital stock. Tho operating snd ganeral oxpenses amounted to £29,408,324, showing an excces of earnings over expenditures. of $14,778,219,79, or equal to a profit of about 62-5 per cent on.the capital and debts. : When it is remembered that the in- terest on the debt ranges from 7 to 10 per cent, the proportion left for dividends will bo propar- tionately less. We have not included in this cal- culation thd othor roads partially completod and operating sbout 1,000 miles of track; placing them with : completed roads, will reduce the sverago profit stilt lower. “We have, therefors, 88 the result, that the completed roads—those classified and subject to tho legislation of the Btato—carn, ‘sny, 6 per cent profit, that being the amount spplicable to divi- dends. This is: the financial outlook on the part of - the - railroads, and they will nnquestionably claim that rates for transportation which do not yield over 6 per cent profits are mot exorbitant or unjust, and that 18 one of The questions of fact and of law which will have to be determined by courts and juries in prosecutions under any law which the Legis- Iature may hereafter pass on this subject. Our position on this whole matter is, that the ques- tion is too important to bo determined upon & superficial and one-gided view, and especially by a resort to viclence. We hold that it is the duty of the State, through its Legislature aad Rail~ r0ad Commissioners, to put all lawful curbs upon the grasping tondencies of corporations, and to hold them in check in overy lawful way. The slowest way to do this i to pass inconsider- ato Iaws, and scek to execnto them by other pro- ceuscs than the courts of justice. ME. CLAREE'S PLAN OF GOVERNMENT, Poter Cooper, Esq., of New York, has pub- lished o new cdition of the pamphlet of Mr. C. C. P. Clarke, of Oswego, N. Y., entitled “Tho True Mothod of Representation in Large Con- stituoncies.” This argament has been provious- Iy moticed in our columns, but not at such length s its merite justifs. It is an oxceeding- Iy forcible discussion of the evils of our present representative system, with its menifold cheat- ing, bribery, knavery, ignorance, and sub- ordination of the public interests to pri- vate ends,—all of which, Mr. Clarke contends, have their origin in tho Caucus, The caucus is the place where those persons most do congregate who desire to thrive 8t the pablic expense. Tho great majority of the better ele- Tments of society do not attend the caucus, or, if they do, find themselves ontmanauvered and outvoted by tho worde elements. This is es- pecially true in the municipal elections, and the evil infast invading Statoand National elections. Tho remedy which Mr. Clarke proposes is novel one, and possesses sufficient merit to make it worth while to testit by actual experi- ment in some place where the people have been sufiiciently misgoverned to be ready for any kind of = change. It proposea to leave tho selection of public officers now elected by ballot to a convention of elactors choson by lot. If, for instance, a Mayor is to be chosen, let a regia- tration of all the voters bo made, and from their names let a certain number be drawn, just a8 & Jury is drawn, and let these persons meet forth- with and designate tho Msyor,—service on the Board of Electors to bo compulsory. The chances of chicanery, or bribery, would be re- duced to & minimum, election frauds would be entirely dispensed with, and tho presumption is, that the slectors o chosen would have no motive but that of securing & wise, capable, and disinterested officer. Saveral objections to the plan aro noticed and anewered by Mr. Clarko; but there is one of considerable importance which haa escaped him. Ouo of the ends of representative government i8 to make the individnal citizon rosponsible for his government, and to cducate him in the scienco of government by ropeated collision with facts, justas the Almighty educates the human race generally. Mr. Clarke may reply that collision with facts, such s Tweedism in New York, and Pomeroyiem in Eansas, bas educated us to discard the system under which they wero possible; but it does not sppear to us that remitting the choico .of public officers to haphazard, 6o far s the grest mass of tho peoplo are concerned, is likely to educate ‘them to peform the duties of citizens. And wo think that this education, imperfect and even demoralizing us it sometimes is, ought not to be thrown eway, Itappears to us, also, that the moral effect of 1aws, and of their administration, ig very much Leightened by the belief that they are enacted and administered by the majority of the people, even though this belief may not always be well founded. Conld any such moral force bo secured for laws and officers ob- tained through the instrumentality of chance ? Novertheless, we think it would be well if Mr. Clarke's plan could bo tried on a small seale in &some place whero the majority of voters should explicitly asscnt to it. ANOTHER BOND ROBBERY. Another exsmple of carpet-bag spoliation Las Just beon brought to light by an official commu~ nication from tho Attorney-Genoral of Florida to Gov. Hart, consoquont upon & reselution of inquiry introduced in tho Houso of Bopregen- tatives of that Stato, relstive to the application of $4,000,000 of State bonds, lssued in aid of the Jucksonvillo, Pensacols & Mokile Railrosd Company, which railroad will shortly be sold by the United States Marshal, un- less prevented by judicial suthority. The etatement of the Attorney-General attests to the following facts: It firat recites a statemont made by §. W. Hopkins & Co., of Now York, agents of the Company, accounting for the proceeds of 2,500 bonds, sold in London, from which it appesrs that, upon the order of the railrosd officers, Hopking & Co. disbursed a sum exceeding $600,000, of which not more than 175,000 were applied to tho construction and, equipment of the road. Of this amount, $300,~ 000 were paid to parties from whom Milton 8. Littlofield, President of tho road, purchased stock in tho Florids Central Road ; £50,000 toane Asron Barrelt, on sccount of & con- tract with Littlefield; 250,000 to a North Caro- lins railrosd, to satisfy o claim it had againat Littlofleld; $105,000 to a brother-in-law of Littlofield ; 250,000 to one G. W. Swepaon ; and §20,000 to a Tennessea bank, bath of which ‘payments were onacconntof private transections of esid Littlefield. An examination of tho sc- counts of Hopkins & Co. shows that thia firm had a very good thing of their own also. They admit & salo of 2,800 bonds, for which they givo a credit of $997,920, whilo in reality the amount roceived for the bonds egualed 31,400,000, show- ing & subtraction of $400,000, or 34 per cent of the amount for which tho bonds are stated fo havo been sold. The Attorney-Generel further statea that 1,200 of ‘tho 4,000 bonds romsined in the hands of Hopkins & Co., in October, 1871, and are specified in a deod of trust mado by the Company to F. H. Flagg and C. L. Chase, and were 80 conveyed, to bo applied solely to the construction of the unfinished portion of the rond. Itisthon alleged that, under s pawer of attornoy from tho Railroad Company, 190 of the bonds wers placed with L. P.Bayno, of New Yorlk; 165 of which Chaso sold, giving to Bayne 100,000 in_gold, tobe credited onan sccount which he (Buyne) bad against the railrond, amonnting £0 8200,000, for a breach of contract ‘made by Littlefleld with him. This claim Chaae liguidated for $150,000, sgreeing fo secure Bayne. for. the sdditional S30,000 out. of fature eales of bonds. Chsse, 23 agent of the road, also agreed to pay Bsyne from sales o bords and other resources of the road, 3150,~ 000, which Bayne claimed *he had advanced to Littlefield for the purposes cf tho road, and also sgreed with:tha agents of the Western North Carolina Road to apply £200,000 out of the pro- coods of the,sala of the 1,200 unsold bonds, to pay on account of o debt duie to the rond from Littlefield. *In addition to these acts, Cheso and otkers formed a Credit Mobilier under the name of the “Florids Construction Company,” and obtained a detréo in 5 Now York court providing for the sale. of - bonds remecinfug umsold and the payment of the proceods to the North Ogrolina Railroad, Bayno, Chese, Littlefield, and other partias inside the Ring, upon various pre- texts, Hleanwhile, how is tho road progressing, for the equipment, construction, and repair of which the State haa loaned its credit? Hesvy judg- ments bave been rondered in favor of Chase & Co., involving an smount of money for two- thirds of which the Attornoy-General claims the r0ad s not liable. Two other judgments wero also rendered, and ‘i which twonty miles of the road were gold .by the Sheriff, tho purchaser holding possession and claiming to hold it independant and free of the lien of the Btate adverso theroto. At the last term of the Danited States Court, held in Jacksonville, & de- cree was obtained for tho ealoof still another section of the road. Other scetions are in the ‘hands of Receivers, and, if thero is anything left after the choice lots huve boen sold off to suit purchasers, the United States Morshal will sell that also. 1n conelnsion, the Attorney-General suggests “thnt the Legislature should make provision for tho protection of the intarest of the Btste in tho public work it ans loaned the credit of the Stato to complote, and to compel thoge who have fraudulently possessed them- selves of ‘money arising from a sale of the bonds to refand it with intercst; to defeat the schemes that are on foot to work fur- ther wrong and injury to the Stato; and to in- sure proper application of the procceds of the bonds and & completion of the important enter- prise itself, that adventurers be no longer allowed to make the said public work s meana of Talsing enormous sums of money to be dissipat- ed with reckloss profligacy.” Milton §. Littlefleld, the President of this un- fortunate corporation, which has met with a fate 88 bad s that of the man who started for Jeri- cho and fell smong the thieves, is & carpet-bagger who went South during thewar; for & tima was. Federal office-holder in North Carolina, and afterwards turned up in Florids, where he has helped to squander $4,000,000 of State bonds in the most profligato mauner possible, aseisted by s Credit Mobilier, which, in its way, and in proportion to the amount of money it conld control, wss as shameless and corrapt as the Credit Mobilier of the Union Pacific. The losa falls npon the Btate, which has never re- ceived s cent of thointerest, which the Company obligated itaelf o pay, eo that the interest due bond-holders must come out of the tax-ridden people, in addition to the amounts losned by the Btate for which no consideration appears, except the remains of a railrosd which are being s0ld off in pieces to satisfy tho claims of the harples who have literally devoured its sub- stance. Comment is unnecessary. ‘Tho Florida bond robbery is only o of the masy hundred chapters of fraud and corraption which have characterized the administration Jof government in the North and South during the past few years, When will the bottom of this corruption boreached? What new phase of rascality are we to expect next ? 2 New York Coming to ier Senses. The New York Journalof Commerceof the 17th has & very sensible article in relation to the proposed advance by the Legislature of the tolls on the Erie Canal. Itsays: The actlon of the Leglslature in voting & contfau- ance of the low-toll policy followed the I3st t%0 mea 3003 has diminished the serious perilln which the busi- ness of the Krle Canalwas gtiading. Yo do nos say & has entyrely removed the danger for tho toll whect 1g not the only element to be taken Into_conside ation. The work of doubling the locks, removing the bench alls, snd dredging out the accumulated mudin the Dottom of the prism, ought also to be pushed.. APt of this necessary work has been duly authotzed by Iaw, {n particular the enlsrgement of the locks on the ‘Weitern Division ; but it progresses with snaillike speed, and meanwhile our Canadian rivala have set energetically sbout enlsrging tho Welland. or making 2 new canal ns a Nok in the same syster, -an alreads exult In the expectation of being able to divert the bulk of the Western breadstuffa trade from New York to Montreal. We are, moreover, warned by tho sympathy manifested u tha Weat, with the effort to de ‘velop the capabilities of the St. Lawrence ronte that wo have notliing to expect from friendship or patriot ism in the way of trade, and, that the only way we can. prevent. the abandonment of our own water Foutes to the meaboard ls to mske surs that we are not underbid by our competitors. The attempt to advanco the at the moment when thie whols West is groaning and erying out cgainst {he present cost of getting to tide~ ‘water with its products was simply an_atfempt at suie cide. Tustead of thus meking the oy thelr owm gxpenscs and the acommulated debt, a3 proposed by Senator Lord, that policy, if it had Been adopted by the Legislature, wo fear would have converted the Eris Canal Into & “big ditch,” which it was n its early his- tory opprobriously nickvamed. Ye urge both the necessity of keeping down the tolls and of enlsrging the capacity of our trunk cansls, —_— NOTES AND OPINION. How much will be the increase of the public debt by the Treasury statement to be made at the end of this week ? —Gov. Smith, of Georgis, will not convena the Legislature at the bidding cf Henry Clews, and the bond question goes over for two years. —The General Appropristion bill (salaries, etc.) pending in the Nebrasks Legislaturo, calls for $123,722; for the exccutive department the items are : Balary of Governor, $1,000 ; Private Secretary of Governor, $1,500 ; Governor's of- fice, 81,500 ; Governor's incidental expenses, $3,000; gardener, $1,500; coachman, $1,000; livery, 81,000 ; clork, 3500. Total, §10,000, —The Iobby at Lincoln, for the removal of the Nebraska Capital to somo new city of the plains, is undiemnyéd by any vote or action yot taken in. the Logislature, and. is so notoriously supplied with money that Lincoln people have become geriously alarmed, and aro consulting the law to pumish bribery. —The New York Canal Board, now ubani- mously Republican, has been malking s batch of partisan sppointmente; and among othér heads bronght to tho block, last week, was that of Col. J. E. Lee, Collector of Tolls at Mt. Morris. In the langnage of State Treasurer' Haines, who unavailingly protestod, the only ground for Cal. Lee's displacerent was the vote he cast for Greeloy, Inst Novembor. —The Cleveland Administration newspapers do not sppear to have heard snything detri- mental to the character of Judge Charles T, Sherman, of that city; but, then, the Herald complains that tho mails have been very irregn- larof Jate. * ~—Theo Philadelphia City Council has 8 mem- ber, William Siner, in the Poitentiary ; and hag postponed impeachment proceedings in the Japa that he will resign. 2. Siner is an Adminitra- tionist, and wes very setive in hiy ward atthe last October election. 2 Mr. Bperry, of New Haven, Ot., who runs the post-office, 3 newspaper, and tho Republican party machino, thinks it is “indecont™ for s Police Commissionor of New Haven to be an active politician. The Police Commissioner is a Democrat. - —The Springfleld Republican ssys: One of the most respocted. ournal sals a0 Wasbiogion weitess 1 aebet g Am 1y was exceedingly 4 oFdocfb{about i 31r GLiFee g0 the 31 credt ‘account of from Syl June 22 was hia zep) —The Sonth Carolina Logislature has elected celorgd Tn_ulcea for the University of Soath Carolina, with the avawed purposs to make it a Normal 8chool for colored poreons. - —The Minneapolia Tribune (Republican) calls for the impeachment of State Treasurer Seeger, for the lately-discovered irregularities in his ofice; but the St. Paal Press (Postmaster) thinks a custom of violating lew becomes a law itself, and, therefore, Seeger did no’ wrong, though the State may lose §112,000, —The Toledo Blade (Nasby's paper) i s 4 e v s columns, gnd concludes with - the verdick of “ Guilty."” ‘It then says: Inasmuch as Con, ¢ t REAEET e, e to pend Caldwlls and Pomeroya cznnot be cxpelled from the nor the Amcess, Broukses, censured by the Houso while the Vice-President 18 untouched byany. decizfva action, the whole® matter revirts tothe people, end theae men must e Taz of publle sentizmeat: Ty THE RAILROAD LAW. The Question of Freight Dis- criminations. The People vs. the Chicago & Ation Rail- road Company. * Cpinion “of the Iliinofs Supreme Court Reversing the Judgment of the . Circuit Court of e~ -Lean County, The Chicago & Alton Railroad Company vs. The People, ez rel, Gusiavis, Koerner, Rihard b ZHorgaii, Jr, and Dagid S. Hammond, Rail road and Warehausg Commissioners. Appeal from MeLean. - Opinion ot the Court by Mr. Chief Jastice Lawrenco: % 3 ‘Thia record brings before us the proceedings upon an informatior, in the patare of a quo warranto filed by the Rallroa d Commissioncrs of the Siate ngainst the Chicago f¢ Alfon Bailroad Company, under the act ‘Thich went nto operation July 1, 1571, entitled #4n act 1o provent unjust discriminations and oxtortions in ths Tat a8 to be charged by the different railroads in this State for the transportation of ireight on said " Tho information set forth that tho Company, in violation of this sct, had repeatedly sngd Tecefved for trausporting lumber from Chicago o Lax. ington, » distance of 110 miles, the sum of £5.83 Bet 1000 foct, whils 'at the samo timo it d_only chargd for transportation of lke Tumber from Chicago to Bloomington. a distanco of 126 miles, the sum of $5°pesr 1,000 feet. The Company, by Wy of defense, plesded its charter, and alleged that tha ratos of toll {rom Chir ago to Lexington weroin fact ressona sble, whils the rates from Chicago to_ Bloomington ‘werd anreascns bly low, ond were cstablished bocauso of the competitiora at the Latter point, with the linols Cen~ tzal Rallroud Company. To this plee. the rclators de murred. The demurrer was snstained, a Judgment ot Uster wos ronounced against the Company, and it Frnchite s demlaced focited” Sross tih Judg. Tent the Company has prosecued an appeal {9 thia The rquestion involved in this record 1s the constitu. Honall£y of the act of the Legislature under which th inforrastion was: filed, Tho object of thy eneval Assembly in . paussing the law 18 indieated by fts litle, - w W | bava already given. The substance of the firat section - of “tie act is, that £0 railroad compary in this State shall charge o lurger compensation’ for the trans. portation of freight over suy distanco than ft fs churging at the same time, for f~eight of the same cLan, over a leas distance, nor shall it charge the same aiount that it chargo over & leas distance Amother clause of the eamo section provi that 10 Tailroad company in this State sl charge a lsrgor compemsatfon for freight over .- my portion of its road than is charged for frelght of £h0 samo claas over any other portion of equal length, * “The second scction of tho act merely defines what 13 ‘meant by the phrase * corporations,” 1 third section mokes the Tates of (he year 1870 he standacd for {reight charges. This Gection is not ‘brought beforo us by this record. Tho fourth section. provides for the recovery of a penalty of £1,000, fn an action thyd‘ht, together rl!hdlb;!fi:m:?bmtm:; ney's fe any person_aggricve the violation this I&ef' The fifth and last section provides that. any rillful violstion of this act, by any railrosd corpora. tion, “shall be deemed and takes o forfeiture of ir franchises,” and authorizos a proceeding to that end, g as e n"fi‘n"{“ o1 the present record, e 6 arguments have boen com- acl, But thoy are. chistly devoted: to 5. dissasien oftho power of the Legislsture to iho maio ‘of milmy chnrges, or marimum limit, Itisnrged by connsel for the Cone- pany that its charter is a contract with the State, by hich the latter bes irrevocably granted tothe coror, ation the zight to establish ita rates of {all, subject onlyto sn implied condition, which {a admitted by counsel, that they shall not b unreasonable or ercor. =ive. It is further urged that this charter, with all the privileges it granted. is protected under that clauso of 1he Copstitution of the United States which probibits. the BSites from epacting any law im . tho obligation of contracts, On the other hend, i contended by counsel for tha relators that corporations, which obtain heir right of way through . the exercise o{;l&: Tight o&iminmt domf;\:—;;}gbt‘:s . lon; o] e sovercign power of the to e Elogied by that potac omly for pubie phs ses—must bo Tegarded us quasl public corporationd, and therefore subject to lcgislative control, 60 faf ad may meceseary_ for tho publle ek fore, af which the Legislature must mecessarily Do the judge. 1t s furiher contended that the right to control and regulaic their toll3 i5 & specles of pab- 1ic power, which the Legislatire cau not alienata tho State, even If it hould so desire, Lecause essen tial to the proper eovercignty of the State, These propositions of counsel avite us tos wide fid of discussion, upon which we do not, at present, propose to enter. Wo have stated them for the purpase of ssying, i terms, that we en. Press no_opinion in regard to ihein, and donot pro- pose to do Ao untila case ahall come’ befars us de: manding thelr_discussion, There are laws upon the: statute-book involving their consideration, but the act. ‘befare us docs not noceszarily do so in its applicstion: 10 the present- case, cnd the expression of on r:gsm in regard to Jegislation not imvoh i this would bo obviously improper, Comceding, ~for tho purposcs of this aps. ‘peal, all 155t i3 clalmed by ‘counsel for the appelliny 1 Brégard to the inviclability of relirosd shactermse gardod in the Ught of contracte, o aro atill of opinics that the Leglslature bas the clearest ‘right to pass act for the purpose of preventing an unjust dlscrimi Dation in rallway freighis, whetlier a5 betwcen indk Yidualaor communitiey, a3 to cuforco is obsrrvanee appropriate penalties. The grounds af this opinion Tiay b by ftatod, and they aco 30 fonoms A railrozd company is-chartered, and fs chartered solely for the purpose of excreluing the functions and: performing the dutles of a common carrier, The da- ties and iabilities of commou carriers are clearly daw fined by the common law, and have been 50 defined for centuries. In all commercial countries the lsw upon this subject is one ‘of the maat importamt branches of legal science, and ita leading prin. ciples were established by the courts of Englsad atan early day. Oncof these principles is that noth- ing excuscs {he carrler for the non-delivery of the goods received by him for carriage, excopt thie at of God or the publicenemy. Wo do not find it written in. the chartera of raliroad corpo; they wball exercize their franchises subject to this. yot, navertheless, thia Court has: fo 3, not permitting them en s notice, or . any memns of “n . specisl contract with the shipper, to which his free assent must be- shown to Luve been given. Another perfectly well-get- tled rule of the common_ law, in regard to common, carriers, is, that they shall not'cxerciso any unjust asdi injurious discrimination between indsviduals in thelr Tates of toll In the lengusgo of Chlef Justico Hols when ~ delivering . the opinion of the Coury 8 - King's Bench, in the celsbrated cassy of Oogg ed i, 1103, the com- unard, 2 1d,, Baymond, d: “exercises a public e-sployment,” and it necessarily follows that he must 3iad with u.:'pum fairly and without. unjust dizcriminction, Thiy som. mon law duty of COmMOn carriers ia 50t proscsibed bn o charters of rallrcdd casdorations, wuf. iike the other duty of delivoring foods in safcty, ubless pre. vented by the act of Godl or the public eaemy, It a6 taches fo them, irtas of thelr fubetlon e irtas of common carrlers, tifa moment they ca tranaportation of freight, In sccopling tkeir charters, which gave them an artificial exstence o8 common Suriers, they necéssarily accepted them with al the dutics and liabilities atfached, by thy cxisting Law, 0 the function of 3 commoy cxrrier, This proposition - scems {0 our minds s0 plain £s hardly to- admit o argument thay = friom ol miemation Whilo the lm now imposes, aud always ka3 imposed, individ- vals exercieing the vocation of 3 comimen careier the obligation of rendering servico to. nll perscns, withoot njeatice to azy, Eow ttesly murersoncbie fiis 1o im that 3 corporation {s to be tted 0 dlsczime - inate n ta tallsat Ha. diacretion, and withons regued to justice, merels bocanise the Legislature, in 5o chat~ fer that cresfed ft for tno purpoco of exer- © cising 8 )Xo ~yocation, has apcorized It to establish ratrg of toll, withont in tarms providiag that thoy eholl be fres from unjzat discrimination. . What 3, Taade, ns it was, 0 1 ‘nothing more thas 1 W4 the fmport cf that gran: brozd hnd genersl terms 2 Cloarky {22} ths corporation chiould’ have the seme right of, e {ablishing tolla that a natural ponson has, When aciing” 238 cominon carrior,~a right o be axcreieed withia tho samo Limitations that the common law, In behsif of Justice and public policy, imposes upon thonatural This case hus been srgued cn Loth sides with coms. mendable ability snd candor, and wo avzil oureelves of 2n admiksion mzde by countel for tan Compazy,.io illustrate tho position wo cre nforcing, It ceded by counsel in express terms that “a ped perton is not olloved to mako unreasonable e=d excessive charges 85 & commou- carricr, and £ sriificial person 1s snbject to tho same reatrictione.” 1t 18, of course, contexided by coansel that the Lagit~ lature has no power to determing what charges &1 reasoneble or unreasanable, but with that brench of the question we have, in this c2ac, no concern. Itit undoubiedly truc, 2a° cencedod by counael, tist, the artificial person bas no more right then the adral person £ make unressonable ana exgessive Coargel 38 s common carritr. And why? This Testri- tion 8 not found in raflwny charters os mlnmnd, fid ‘;crh{nlg not. {n the charter m:fl record, in regard to which counsel arc, The obvious reasca s, th S5 wn hove siresdy statcd, The ruls frbidding anrea: a common-law rale condition against unjust discrimiuation did noteccts ly attach ? There ;s o _graund for the distix tlon, The charters were granied for the purposs of {5 aithing fmproved mezns of wransportauon sad LT to all persons alike, withoul mijus, discriminstion b - tween {ndividuals or_communities, and they ware £ .cepted with the Enowledge that the nature of the Fg imposed that obiigation.” This queation of uajusi e~ . grimination {5 not befora this Court for the fint 4o, ML“& of ;I:‘r?.nga 15t uflla:nl_cflgg:gh!, B 08, 33, we. that “raibwsy companies o .20 injarious. discrimination “betwoen lndlridul: and therefors could pot chargs “osd BYX. for delvering grin i o el de in Chlcago, and 8 Eigher rate for deliery at A0OET elevator in thy same city, and oqually. auadH‘P;;,_W’ 118 ling. ‘Pie same rula wes rucognizod in va, 0. & H. R. B. Co., 55 Iiiinois, 111, though the 2% of that case were found not 0 require 1t ayuiicsds .