Chicago Daily Tribune Newspaper, March 18, 1873, Page 2

RN S e e e et po w A v S KA ERTD I THE BOSTWICK-S Judge Gary Bisseets tho Bil with an Unwavering Uand, He Thinks it May Bo Suspeotoed that Uomplainants Have a Oaso, KINNER SUIT, The Nature of the Mortgage- pearance of Mary Bostwick. The Demurrer Bustained---The Bill to Bo Amended---Seonrity for Costs to Be Given, Judge Gary yostordsy deoided tho soveral points that hind arisen in the argument on tho domurrors in the Bostwick-Skinnor sult, sus- taining the domurror. The Court sald tho bill was drawn with too lit- tlo caro; thoro was too much oxtrancous matter, and too littlorogard for established forms. From tho avorments, if they were true, and from what wos loft to ronsonablo inforonco nnd con- Jocturo, ono would suspoct that tho plalntiffs bad o osso; but it was mot averred in the bill.. Ho troated tho bill as n bill to rodeom from mortgago. Tho only avermont na to tho msking of tho morigngo wss on page 18: ** And snid complainants furthor show unto tho Court 1hiat thoy aro informed and bolteva that tho no- tual prico pald and ngreed to bo paid to said Mark Skinnor, for snid southwoat quarter ot Sco. 14, wae the sum of 816,000, wou not averred to be so. Thni aro informed and believe it ia 8o, aud chargo tha {nformation und heliet, whethor tho fact Is 8o or not). “That at tho dato of enid dood thoreof by « gaid Mark Skinner to apid John Bostwiclk, to-wit : Moy 1, A, D. 1865, said Bidonor tho sura of ©2,000, ond gove to said Skinper his bond and morigage to securo tho payment of the balance thoreof, Tioiug tho sum of 314,000, fn fivo yoars from that date, with interost thereon umolmflng to tho sum’of 81,000 ench yenr, as follows: 1,000 in ona yaar, 81,000 " two yoars, 81,000 in thico years, 81,000 in four yoars, yoars troin said Moy 1 Ab foticed tlot the bill mortgage was upon ; it might ua well bo upon Some otbor that tha Tand dosuribed in tho bill. Turning to the mora important questions which 1ind boon argued, the tho ndministration was not void . 1855." tho administration ehonld lnve boon in Madison County or in Cook County, sill, it nctunlly hoving been takon out horo, what was dano under it wns not vold,—could not bo im- und_upon odmipistration could ba voided was for actusl froud, the plaintifts' titlo to roliof standing upon that ground. As to tho orsona who g could not attack tho proceedinge collaterally, oven upon tho [mpeach tho decree cauld not file o for any othor purpose, dnd then eny the do- creo mustbo dieregarded because of fraud. As to the parties bound by the deorae, tho widow, ponched_collaterally, Tho only yhich the nota of foroolosuro which was slloged, the were parties to that procoe round of fraud. Thoy must E o bill of roview. The Mary A, Bostwick, was pe and, thoroforo, bouad ; Sophin A. Bostwlok, although it was al- - leged sho was not served with process, was o party to the euit, and appesrance was entored for hor. That sppesrance could not be got rid of ; it was to bo agsumed that it was rlgl.\hmuixfl% o would bo ex- o _deoreo to & cortain oxtent, they not boing mede purties to and - her conveyed _ their interest to John, Susetta, Charles, snd Dora, The interest A, Dunn would still e outetanding and unaffacted by the foracloaura ucstion of notico, tho Court 1t was shown to havo been withdrawn, tho plaintiffs, oxcopt tho widolfl, emptod from the oporation of t tho suit, and Laura BSebor husband, havin of Laura A. Bebor and Mary suit. A8 to the L could not satisfy himsplf whother the bill ought o aver notlee or not. Casos had beon cited, owing that the notice should bo averred in tho i1, and othors thet it was unnecessary, yot the grent bulk of the suthoritios showadthiat dofond- nts, who plasod tholr doenss o tho ground. ef urchaso for valuo, must deny notico whothor it s avorred in the bill or not. As a logioal rosult of the fact that this wou an aflirmative Befoneo, nob in doniol, but in void- ance of tho plaintiffe' claim for roliof, 1t would scom to be unnocessary for the plaintiff to anticipato that dofonse, and sver Anything o attack or void n defeneo which might novor be made, It tho dofendants ot up the dofonge of & bova fide_purchase without no- tes, by his answer it devolved upon tle plaintift to prove the notice, and upon the dofondant to Bm\'n the purchase and the payment of yaluo. roof was not roquisito unless there was an lesue bringing that factinto question, or an issuo waa mads of the roplication totho anawer, which %6t up tho purchaso without notice, that it wag necossary to the formation of thnb {ssue that tho notico should bo charged in the bill. He did not intend commit himeclf 18 to whother tho bill was sufficient or not without charging notice. This being & bill to yodeem, it must appoar that the par- sons now seized of the logal estate aro bofora the Court. Thero was 1o allegation upon_the subject. The bill charged thet sll of Bostwiok's urchasoe camo to Skinner, and ho conveyed to stwick., What becamo of it did nob mppoar. Tho averment on page 13 led to the inforenco thnt the mortgago mado by Boatwick was upon these promiscs; still thors wee no ressonwble presumption from tho bill that the logal catate romnined in Skinner, The allogations in the bill fed to the conjecture that Skinner hed noth- baa_sny- 1s in tho promiscs mow. Who thing in them is not shown, Tho bill 30 genoral, vague, loose, uncertain, and defoc- tive that o roliof could bo granted upon it in Its presont shapo. As to the partios excopted, thoso who aro alleged to have participated in tome wrong-doing, the gonoral averment was Hint theso porsons alaimad some * intoreat, pos- tho title of all sosmion, right, or title, . . . . which snid porsons {s subjoct and subordi- Bsto to tho Hight and titlo of - these plaintiffe,” and, furthor, “thot tho plaintiffa cannot tell f:mciuoly what interesb was olaimed in such ands by such govoral porsons,” and that * tho plintifTs are the ownora in foo simplo, subject ouly to tho rights of snid Skinner or asslgns ag mortageo thoroof, and that all othor porsons claiming tille thoram, claiin the swmo only The Ap- (A minor oriticism might bo mado oven upon that, for it t it I8 80, upon sald Boatwlok paid and $16,000 in fivo 1t would bo did not stato what tho ourt was satisflod that for want of jurlsdiotion, Whother Lhe statuto roquired that hold an adfournod meoting in the Art Qallery of Messra, A. Tanlor & Son, this evoning, for tho purposo of witnossing s practical explanntion of .tho art of photography nid stercoscoplo viowa, proparod for tho Aunoolation. A plonsaut featura of the oceadion will bo the presones of ladies, -, The Litorary Botletles of tho Proparntory D nrtmiont of the Univoraity will enter the {nl gct;}lu‘l arens on noxt Lridny evening, at thelr chopel, J. 1. Adama wan olocted Prosidont, and A. B, ‘Warron Socrotary of tho Bouth livanston Trus- teos at their Inst mooting. T'ho Board will meok horenftor on tho firat and second Tuesdays of onch month. Tho Attorney of the old Evanston Trusteos Lins decldod that tho villago oannot contract with foraign corporations or porsons for the supply of wator. fonco, Bouth Lvanaton will havo to havo a woll of its own. THE COUNTY BOARD. Pooplo Wito Go Cn tho Bonds of Crimfunls Must Talo {lie Consequences. Hyde Park’s ‘‘Superior Olags”---Re- port on Public Oharitics. A mooting of the Board of Counly Commis- sloners was hold yestorday nftornoon, Prosidont Miller in the chalr. The following communicn. tion was recoived from the County-Attorney : GENTLEMEN : I have tho hionor to roport that I havo oxamined into tho matter of tho petltion of H, 3L, Xdnnemoyer to bo released from bis rocogulzanco in tho Oriminnl Court, I called upon tho Blato's Adtorney; ho declined to recommend the releaso. Tho powor of 'thio Doard to rolease forfolted rocognizances or ball bouds is extromaly doubiful, It is not oxpreesly given in any law that I can find, Ta it, thon, by implicatlon, on the ground that the proceods belong to the county? This position cannot bo mnintained, for o roleao would omount 10 tho glving to a privato indivilual thio proporty of tho county without any componsation, Such o proposi= oDy darriod ont (0 f1a* Jogical. conclustons, and. tho county could voto monoy out of the {rcasury toany grirats porson. Tho Oriminel Cour} has amylo powar o 0ot naldo n default or judgoient in all cases whora ho facts will warrant {t, and (s partics intoreated hiavo tho tight to apply to ihio Court, wlio s suppored to know tho facts; bt tho monicut 1t is sasumed that tho Bonrd hns power o disposo of tho county propert; 10 itch n wraytho d00F 18 Spon. Drotty whis throtah wlicl will onfor & awarm of applicants, and tho prose- cutlon of criminals becomos uzcless n ‘every instance ‘whtero bail ia released, Jaues P, Roor, Tho communication was placed on file. THE ** SUPERIOR " CLABS. A communication was roceived from Dodson & Plerce, Hydo Park grgcer, objocting to tho cat- ting down of thelr bills, and submitting a stato- ment of facts, among which is tho following : #That, ag tho inhnbitants of Hydo Park aro lmown to bo of a superior cluss, it follows that those among us 80 unfortunato a8 to roquire ald from thoe cotinty, having boen acoustomod to tho best of tho kind, arcnot sotisfiod with {nferior articles, consequently wo do not keep them. And whorens tho prices charged by us may, in omo {mstancos appoar high, Vo assuro you ‘that {g tho quality of tho goods that "hns governed, and that wo have chorged Oook County no moro than wo Liave to our rogular cash and thirty-dny ous- tomers, and do not beliovo the goods, ns charg- od, will net1s 10 por cont profit.”” Tho firm nsfko tho, Board to roconsider its ackion, sud order the paymont of tho billsinfull, The matter was roforred. ORAMITIZS, The quarterly report of Dr. Bon O. Miller, Buperintondent” of Public Charitics, was sub- mitted. 'The period coverod by the report has boon ono of unusual oxpenso—oua of tlie heavi- ost in tho listory of Cook County. Ab the nuntyAgJ offico thero havo been on tho books 4,523 familios, or 17,003 porsons. Ench family cost the county $18.07, or $1.00 for ench orson for each month. A caroful invostigation s boon mado in onch caso, One of the henvi- ont oxfianuna has been that of coal. At the Poor-House tho average number of in- motes bag boop G10, ab o cont of B14,839.01, about the figufes. Bmall pox, monsles, An scorlating havo provailed. Tho fnsanc-Asylum isfull, with applicants continuously coming in. & coat of $11,111.83, or 45} conts per day Tor ench inmato, inclustye of sularlos, fuel, &o. Tho County Hospital has boen 5o full tht pa- ticnts bave had to wait soveral days to obtaina bed. . The averago number of pationts was 200, at a cost of $11,445.14, or about 57 conts each per duy. Tho ecrection of & new hogpital immedi- atoly is nhnng)'y recommendod, ‘The work of tho County Physician has in~ oronsed considorably, Thero wero 62 iuoauo cagea roportod, of which 28 wore found insano. 'I‘ll::::\ wore 63 Coronor's inquosts during the quarter, ‘The roport was Ehce«l on file, and scoompany- ing rflama from tho yarious county institutions, of which the nbove is & compendlum, wors ro- ferred to appropriato committeos, ATBOELLANEODS. Tho Committeo on Judiciary, to whom was ro- ferred the resolution rnguirln o two-thirds vota of the mombors-olect of the Board in ordor to discharge o bail bond or ruco%nimnco, roported back tho samo, being in doubt as to the author- ity of the Board to give rolief in such casos, and recommonding the adoption of tho resolution. The roport was conourred in. 5 Commissloner Ashton, of tho Committeo ap- pointed to confer with the Common Oouncil Com- mittes, in tho examination of tho report of tho ‘| Relief and A1d Society, roported thie procoedings of the Joint Committeo,which Lave boen already published, and rocommonding tho passago of & resolution_authorizing the employment of o ehort-hand roporter and an accountant, On motlon, the desired authority was granted, ‘Gommissloner Bogue asked to Lo excused from furthor servico on tha Special Committes on tha Yeport of the Reliof and Aid Socioty, Ho was exoused, and tho Chair appointed Commissioner Crawford in his placo. 5 Commissionor Aghton submitted tho follow- ing, which was adopted : Resolvod, That the Buperintendent of Publio Oharl- Do instructed to roport to this Doard tho number and names of all fnmates of tho Insane Asglum, who, through friends or otherwlso, pay for thelr miafnte: nance and care; tho number and uames of thoso cared for at the county cxponse who lave friends or rela- tives nbloto support and take caro of them, with tha nnmes of such frionds and rolatives, and (holr resl- donce, i known. The Bonrd adjourned untll Mondsy noxt ab 2 o'olack. LAKE VIEW, IMovement to Aunex a‘Part .of theo Town to Chicago--Caucus Nominne tlons for Town Officors. i through mlu E;ki‘g'?fr nudl ?nm:\l‘ nnd{ u;mc:;!a rfl;{-\:k mvfllum:n:: htiu annex a part of tho Town no estato, ri itle, or intercst in gald land, | o e Viow to Chicago is favorabl; ived b Whioh In ot subjoc to tho plaimtils righta and T e }itlo in said lands.” It might be that tho plain- tifte’ story wns that those persons claim advorso- ly to tho prosent complainant under somo title derived from Bkinuer aud Cornoll, or one or the other of them, Prlor to tho moking of this con- voyance by Skinnor to Bostwick, but that for some roason or othor that prior conyoyanco is not valid a8 ngainst theso plaintiffs, The bill statod that thoy claim flnoufih Blinner and Cornell, but whother they claim subsequont to Bkinuor's conveyanco to Bost- wiok, or in what maunor they claim, was not stated, The more genoral stalomont was not sufiicient, as the Supromo Court Lnd dooided (Legal News, 2d vol. pago 210) that the Facts upon which tho priority of clsims deponded must be averred in the bill, or clso tho decrdo was not conclusivo upon the rights of tho parties ; that is, that tho parties were not ostop- od by tho decrao if there wero no sverments in he bfll which showed facts making one title paramount to tho other. Thero was no ayer- xuont which showed with cortalnty what premisea wrore mortgeged. The matter in regard to the jurisdiotion of tho Oounty Court, to take adminigtration of tho es- tate, wus irrelovant becauso tho jurisdiction of the Court could not bo attacked in thot way, TT'ho logal estata, which must be bofora the Court aipon & bill to redosm, was lott to conjeoture, aud be did not know where it was, The ayerment as to tho notico of the several parties was too loose and uncortain to give tho Court jurisdiction to »djudionte upon their claims. "Upon these rounds the demurrer must be eustainod, The aterest of tho plaintiffs was not barred by the foreclorure, and thoyhad a right to meintpin thoir bill rogardless of it. 1+ Mr. Roboy asked loave to amend tho bill so as 2o make it cortain and peciflo, Aflor a runving conversation betwoon tho counsel and the Court, and several oxtracts MAromn law books had boon read, tho following ‘order was mado: Leavo toamond tho bill by atriking out the namo of Mury AL Bostwick upon glving socurity for the coslu'of tho sult, and leave to tho othor 11aintiils to amend tho bill generally, EVANSTON MATTERS. "The Village Fathers will convens at 7:45 {his evening in tho offico of Theodore Reeso, Boo- + gotary of the Board. * Tha Tvanaton Philosoohical Assonlation will many of the people who reeido in the villago, and a' meoting to agitato the question of annexa- tion, hold rocontly, was woll attonded, Ex- A)a, Tobort Clark prosided, and P, P Hoywood acled as sccrotary. Much intorest 'was manifested, and a Iarge mejority of thoso prosont ex;{;'aasod thomsolves in favor of tho ptu{nct. othior moeting will be lold at the gouthwest corner of Diversey street and the Green Bay rond, on Thuraday evouing noxt, and all th o votors residing botweon Fullorton avonuo and Diversoy streot are invited to attond, Thore saoms to bo no disposition on thoe part of the town authorities of TLako Viow to do anyihing toward making neoded lmprovemonts, conatrugct lm‘;laiduwllks, aud_meking tho stroota passablo, ond honoe annoxation will bo fully disoupsod at the meeting, and such saotion taken as will speadily bring it about. The gubject is tho topla of conversation in4ho village, and the oppononts of the achomo also will hold a moeeting on ‘Thurs- ’c}ay ovening at Jobn Borringor's, near the city imite. At & caucus of tho oltizens of Lako View, hold Inst Baturday evening, tho following nomna- 'tjlonu wore made, the clection to take place in uno. Bupervisor, John A. Iuck; Commissioner of Higliways, 8. G. Hookor; Assessor, J._W. Haoper; Town Olarlk, L, nuut'hi Jus- ticos of tho Poaco, 7, G Gall, W. Toue brook; Constablos,' 'Job hillips, L. Bimons ; Ovarsoers of Highways, F'irst Distriot, M. Walsh; Becond District, Iz, Ohant ; ‘Third Dis- triot, Nio Xrunz; Collector, Boruard Brooks; Ovorscor of Poor, W. R. Larrabeo. The clectlon in Juno will bo tho first under the new charfor, the presont oficors holding over until then. —_— —There has been conslderable conirovorsy, ayon among horsomen, concorning horso-olip- ping ; those who contond that it ia oruol to do- prive the animal of tho covurlnfx givon him by nature aro met by thoso who inslat thut tho ani mala show muoh buttor !ae]ln;i aftor they aro clippad, and that aftor driving thoy can be'more eufl’y aud thoroughly oured for. "It was left, howevor, for Judge Balcolm, of the Buprome Court of New York, to daclare horso-olipping an indictable offenso. Thiske ald in hls recent oharge to the Grand Jury, and added that par- sons who wore in donbt a5 to its ocruelty could dotermine it by dressing thewmselvos In thin clothes and atrew hate and going out to ride on o0ld winter days. ‘Thero had been an averago atlendanco of 270, ab . THE BAIL BUSINESS. Tho Tribune's Expomro Crentes n Stir nt Headquartors, State's Attorney Reed and Gen, Stilos Enoh Preparos o Bill, The Defects of Both Duly Pointed Out. Tre Trmuss must hove made out o pratty strong ease, yosterdny, to have eo hurried up {tho Btate's Attorney ns to induco him to propnre a bill to bo submitted to tho Logislature, within slx liours sftor tho paper ronohed his broakfast tablo. It wao conaldored nocessnry nt hoadquartors to ndopt the promplest meastros to make tho most of those oxecutions which iho list pub- lished in Tie Tnrmuxs shows to lave not beon followed wup, With this view, o thoroughly retiable, honorablo, and woll-post- od porson was chosen for rocommondation to tho offico of chiof oxeoutionor, undor whoso vigorous sdministration the wrong-doors shall bo brought tobook, It is nob often that a newspapor ox- ponure {8 followed by 8o rapld n recoguition by tlio authoritics, Btate's Attornoy Roed in 1870 introduced a bill in tho Leglslaturo, and got as far ns to appoar beforo tho Judiciary Committeo with it, it hav- ing most of tho foatures that Tre TnInuNE cx- poso showod to bo wanting in tho present law. DBut tha Uil foll through. Yesterday morn- iny i TIIT BTATE'S ATTORNEY nskod tho lat mon' to Joolk over & now bill hio wi about to proparo, of which the following I 0 dralt, coples of which have beon supplied to the other papors : A Diry for an nct concerning ball in criminal canes, ‘and to mako tho snmo o Hon upon tho real eatato of tho aceused and tho sectirity, Beo1, Do L enacted by the people of the Stateof Tltinofs, represented in the Gencral Assembly: =~ That ‘oreafter all recognizances of buil in criminal carca shall bo o lien upon the real eatatoof the accused aud 18 or her seouritics, as horeinafter provided; Bro. 2, Whenover auny porson shall enter into any rocognizanco i1 any criminal case, befora any officer suthorized by law to tako and :gprou the name, it sholl be tho duty of Bsu oflicer _forthwith to tramsmit such recognizsncea to tho Olork of tho Circuit’ Court of tho county whereln wuol recopnizanco ts taken nnd ontered info; provided, that in tho County of Cook such recognizanco elisll ba tmm:nllwd 10 tho Clerk of thoe Oriminal Court of said connty, Bea. 8, Tho Clork to whom such rocognizanco {n tranamitied shull immediately flo. thio same in his of- fico, and shall also, at the samo timo, mako a brief ens try of such recognizanco 1 o book, (o by proparcd and Xopt by him, and which shall bo called Book of Recognlzances,” Buch Clork shall enter in said book tho namo of thio acoused, and his or hor sscurltics, tho amount, of the penally of tho recoguizanco, {lio nomo of the erime or misdomeanor, he dato of re- cognizance, tho nmno of the oflicor Who took und ap- provod such recognizance, snd iho lourand day at which gald recoguizauco i eo enlored in auid Look, When any such recognizanco hall Lo taken snd entored Juto {n open_court in any court of record, and the Clork of such court of record s the Ulork of the court to which such rocognizances slinfl bo trans mitted a8 provided in Section 3 of this nct, then such Clork ahsll enter tho rocognizanco #o faken in open court{n said Look in tho mauncr aforesaid, Such book ehall bo properly fndused tuid bo open to e ex; amination of the publioat reasonable hours, and shall o pald for by tho county. 8o, 4. From and aftor such entry {n sald book ovory such Tecognizance whail be o licn upon all tho real estato of the ncoused and’ his or hor socuritics till tho eanio i discharged by tho court, and thio sald book slall bo o notica to all tho world of tho contonts thero- of. Wlenever any such recognizanco shall bo dis- chirged by order of the court tho eatd Clork shall onter auch dischargo in sald book, stating the time whon such entry {s nade, and from and after such cntry of sald discharge tho said recognizanco shall ceand £0 be o llen upon tho real eatate aforesald, 850, 6. All officors authorized by law to take and pprove such Tecognizancea aro_ Lersby authorized to administer an oath to the porson or pernons about to becoma socurity therotn, toucling his or hor responal~ bility to becomo such aceurity, Tho above bill is prosented ag writton, in com- mon fairuesa ta tha Btate’s Attornoy; but it sooms to tho lnw-roportor to bo deficient ‘in’ thoe very rospecta whoro roform is most nceded. Hirst, 1t makes no proviaion for the rocording of the propoerty offered, without which a lien ou such l{““l"’"y would Do almost wmsoloss, sinco tho Sheriff would Llave no means of flnding out whore it was eltuatod; thoeroforo a clauso should bo inserted, providing that in all cases s\vbnthnr in uiml! court or boforo jus- tices) afidavits for bailing purposes should bo mmedo a8 to the exnot situntion of the real ostato offend, and its value, Soo. 8, reforring to the keeping of a bool of rocord, should be amonded so 88 to jvclude o cov plote schedule of the proporty offered— ono of the most important raquiremonts, but which Mr. Reod omitted. Anothor objoccion is, that no bill can bo ox- poocted to pass the Houso binding the whole of the real ostato offered, no mriter what count: it is in. A clause should thereforo bo nddo limiting tho taking of bail and licn to the coun- ty in which tho offense occurs. Tho Court ghould nluo have the powor to limit tho lien to snoh portions of proporty ns may be suflicient for tho purpose of bail, ~For instanco, if & security is ownor of fivo pleces of land in difforent parts of the county, ench worth &5,000, and ho offers to bocomo ‘bail for £2,000, then lot tho Court limit the lien to 5 singlo'lot. With thoso excoptions attonded to, the bill may be flt for tho newspapors to take up, editors to commont on, and legislatora to fight for. GEN. STILES' DILL, Later in tho day, Gon. Blilos, tho City Attor- noy, alao propared u bill, which in most Tespocts embodios our recommendations, but is still lack- ing in one or two rospocts, which will bo seon by {fil ‘nronoc to tho procoding romarks as to Reed's ill. ‘Tho prossure brought to bear so sharply after tho expose was made, shows how true the state- ments of Tne TmoNE were, aud how impossi- blo it is to refute them. ‘I'ho followiug is the bill: A DILL for an act regulating proceedings fn criminal and otlcr casen whore ball i takou of fequired, Bro, 1, Zle it enacted, «c., That in oll cases aud il procecdings beforo Justices'of the Peaco, Polivo Jus- ticon, or $u courls of record of a criminal’ nature, aud 1u ull cases arlsing upon an flleged violation of any or- dinance of any clty, town, or villags in this State, and in which boll shail'bo required, tho officer by whom such bail-bond 1 to bo approved, shull requiro the per- son or porsona who shall’ offer thomsolves us Burety or surotics upon aucls ball-boud, to tuko i uldasity i which afiidavit shall bo stated tho realdenco of sich person or potions, aud tho mnount, vule, and deserlp- jot2 of tho roal ostate owned by siich porson or per Bous, and aly the uaturo aud amount of atl Hona and encumbrauces, if any thoro Lo, upon sich real catato, which anidavit and boud shall by such ollicer, pliced in tho custody of {he party, or with Iils or her attoruey for whoso beeft sudd bal-boud skl bo glvon, B, 2, Any porson or porsonn who shall awsar falsely or corruptly in any afiidevit, made in pursu. auco of the provisions of ‘Section 1 of this act, shull bo doemad guilty of perjury, And any ofiicer who sliall take or approve any such batl bond without firat hay- g takon U atldavit of (ho uuruty or sureflos os o~ quired by tho_aot, slall bocomo Mable for the sum montioned tn uch boud, t0 bo recovered du an_uctlon of debt to bo brought by'the party for whoso benefit suols bond kbl havo beou taken, Hea, 3, It shall be lowful for the party “for whono ‘bonofit such bail bond shull huve beon givon, to file {ho samo for rocord 1n {he proper ofiice, fu the ocsnt; whero tho real oatato described in such agidavit shail be situate, aud from and ofier tho samo_shall havo Doen #0 fifed for Tocord, and until the fuunt disposition of the causa in which sich bond sball Liavo boon given, ar until the surreuder to the propor oflicor of (ho party clinrged with such offense, tho samo ehall bocomis a liou upou thio real estate wentioned in suoh aflidayit to tlso oxtont of tho sum d i such bond, —e— Winter om tho Northern Faciflc Rallrond. Mr. W. Nilnor Roborts, Chict Enginoor of tho Northorn Pacitlo Railrond, in a lotter dated Fob, 7, 1875, makos tho tollowing authontio stata- mont : On the finished lino acroes Minnesota, from Duluth to Fargo, the roud has beon run afl win- tor with remarkablo rogularity and froedom from gnovw diflicultios, 'Thore hns boon less nacessary dolnyon the Northorn Yacifle Road thia winter than upon tho ronds ocast of it to uulcnfn and Now York, Considorablo snow hag fallen in Lastorn Minnesota this wintor, butthoro has nob leon sn unusunl amount in the wostern part of tho Btato and noross Dakota, 'Fhe ocen- sional snow-fonces opposito tho oxonvationa Liayo gorvod their purposo woll. Tn common with tho rest of tho conntry and with ‘Europe, Miunosots, Wisconsin, Towa, anid the ontiro Northwoest iave had a moat unueunl winter sesson. 'Lhero have boen somo days cf vory savoro weather, but It was quito ns ucld about the same poriod in most of tho Lastern Btatea, In January, at Duluth, the thormometer rangod as follows dnring the midiio of the day § avorago, 12 degroos above zoro; lowest on the Dth, when 1t was 8 Lolow zoro ; tho highost, 92 shove, on tho 30th. Absolute lowost, unrl;)ln tho morning of tho 28th, 25 below zoro, At Du- Juth, in Fobruary, to tho16th, ayeraze, 20 sboves lowent, 1 helow ¢ highost, B1 abovo zero; abso- ll:ltlo lowost, onrly in the morning of the 24,17 olow, At Fargo, on the wantorn bordor of Minnesota, | in tho opon prairio of Red Iiivor Valloy, tho raungo of tho thormonioter inJanuury was aa ful- lons: Avorago, § dogroos abovo Jowost, 1 ba- Tow; highoat, 81 abova zeras abiolute lowent, emly {n'tho morning of tho 0il, 80 bolow zoro, At Tinrgo, in February, to the 15th, tho avernxo wan 11 abovo; lowgst, 10 bolow;' highost, 83 above; sbsoluto lowost, on tho lut, 10 Lolow zZoro, x: Ti tho Rocky Mountatno, east of tho maln ai- vido, -at Bozomnn, noar tho highost clavation of tho Northern Paclfio route, from tho bth to tho 26th of Januavy inclusive, the average tompora- tivo was 5 abvvo xoro; lowost, 23abovos highont, 41 bovos: absolute lowowt, carly in tho ‘“"“"“E of tho 204, 2bove ¥oro. 1t 1 notionablo howmuchinildor tho wonthor hng boon ot Bozoman, nenr Fort Lllis, and nbout 5,000 foot abova tho son, than in Minncsotn and Wisconsin, near tho lovel of tho Inkes. Tho farmers of Wostern Montana._bogan their npring lowiug In tho atior part of Jauuary, £ho wintor n that seotion boing considored over, and the roads wore dx? and dusty, On tho wostern slopo of tho Rocls Mountains, in Enstorn Washington Torritory, tho local pa- ors stato that,tho farmor of Yalln Walin Val- oy woro plougling their flalds on _tho 20th of January, though tho onrly part of tha wintor 1ind boon, a8 olsowhare, unusually cold for that rogton. fi.‘hn winter climnto along the Paolfio Division of our rond, borween the Columbin Rtivor and Puget Bownd, which is in reguler daily opor- ation, may bo' inforrad from tho fack that at Portlaud, Otagon, the average tomporature for Jnouary waa 45 degroes above zoro 3 tho highest was 58 and tho lowost 04 above. Buow foll on ono day, tho 2d, to a dopth of two and a half inchos. Grass haalcon groon througlout the wintor nbont Puget Sound, and soveral varotios of flowors woro Ln bloom out of doors in January and Fobruary, Onr oxpotlonco on the flnished lino, and suthentic roports from the romaindor of tho youto, satisly mo that tha Northern PacificRoad, It complotod Trom Lako Buporior to Puget Hound, would Lavo boon kept in rué;u]ar opur- ation the ontire distance tho past wintor without diffeulty, —_— A RARE CASE OF CONSCIENCE. An Examploe for Members of the For= ty=Socond Congrons to Follow. From the Coneord (N, IL) Pulriot, Ono of thoso raro cases whora concionce com- pols {ho roatltution of stolen proporty, ofton noted in atory, but seldons ocourring In roal lifo, transpired in our city on Wednosday. The facts in briof as follows : Mr, James Mooro, hardsaro-dealer, noticed o man loitoring about in his storn youtorday morn- ing, whoso peculiar mannor and oconslonal wlst- ful glancos plainly donotod his desire to roliove his mind of some burden. Ho rorained somo timo in the store, but finnlly took his doparture ‘without stating his busincsa, In the aftornoon ho n;inln mado hia appoar- anco with a companion. Thoy seated themsolvos near tho stoys, and, after w short thno, the com- pauion snid hua frioud had somothing to say to Ir. Moore, who thereupou invitod tho man ‘into Lis connting-room, After o littlo Lositation o anvounced his oriand, which, ho said, wan o desire to rofund to Mr. Moors tho valuo of arti- clou atolon from his store, He enid that, for n number of yoars past, Lie had, at differont times, purloinod atticln of hardwara from the storo, and that latoly tho crimos had weighed heavily upon Lis consclenco ; that s liad baon unablo to ot oraleop in cousouoncd, aad that o waniod to malto all tho roparation in his power. Hg then took from his puvkfibm)k a 86 bill, which Lo handod to Mr. Mooro, Reking if it was onough. Mr. Mooro replicd thnt ho know noth- ing of tho mottor, or tho nmount taken, and asked if it was not loo much, Aftor some'littlo doliberation the man toolk auothor $5 noto from his pocket and snid ho thonght that wns nono too much, and would not more than cover tho valuo of tho thingo ho had stolon. During tho forenoon of the same doy, bo vis- itod tha atoro of Wardo, Liumplroy & Dodgs and, taking Mr. Humphroy naide, ho said ho had stolon from his storo, at o previous time, o num- Dor of chisols, which o took from his pooket and gave him. They wero in' a now, bright condition, ovidontly novor having heen nsed, and ho sald thoy had not, Ho rolatod his story of hia thieving oporations to Mr. Humphiroy, sud #nid that it had boen o gort of manin with Liim ; that ho had boon in tho employ of & man in tho town whoro Lo livod for sifteon_years, and thet no pugpicions of hia proponsitics woro ontor- tainod by his frionds. He taltod vory frooly abont himself, assorting that he Lad suffored sovero pangs of conscienco through remorso, and was dotormined In future to romain striotly Tonont. Ho urged Mr. Humphrey to accopt 10, witich ho tondored Lim, but tho monoy was rofuged. & After loaving the storo, he went down to D. I Guornsog's bookstoro, and calling him to ono sido, prosonted an old copy of tho Now Hamp- shiro Regisfer, which, ho said, ho had stolon from him somo time ngo, and wished to pay for. To burst into tears as ho mado the confension, and snid that ho had froquently indulged his poculating disposition thoero, aud dosired to make ample restitution. IIo also relnted the story of his compunctions to Mr. Guernsoy, and stated that ho had been convorted to religon. Ho paid down 6 or §6, which he thought would cover the valuo of goods sbatractod. Tho above woro all tho visitations tho man medo in this city ; and thoso with whom he con- versed, and to whom he mado restitution, wore satisfled that his ropontance was sincere. His charagtor is yoprosoutod by thoso who lavo Lnown him for many yearsto bogood;and it must havo been o gouuino work of conscienco which mado him coufess that bo_sacrotly deserved an opposito freputation. We huvo the man’s namo and lacation, but deom it jmproper to publish thom, as it would be wrong to ongraft n stigmn on tho reputation of ono who has, a8 abovo do= garibod, acted 80 honorably and_oxhibited proof of true repetannce for past misdeeds. e e g Birds Acquiring Now ai Orutal Elnbitse Prof, Bamuel Lockwood gives an intorosting account of that beautiful bird known as the gold- on robin, or Baltimors oriolo, in connoction with tho common bumblo-beos. Lnst Juno largo num- bors of these boos wore found undor tho horse- chostnut troes, then in full bloom, in the campus of Rutgers eailogn; evory ono of them decap- itated, and tho heads lying around with the Dodion; and it further appears that ovary ons of .tho hendloss boes was s stingless malo, “The Pro- fonsor worked out tho onss with much pationt porseverauce, and found to his surprise that this ‘wholesalo slzughtor was tho worlk of four oriolos. Anothor fact which astonished him was, that tho bodies of these irisects woro emply, the viscorn having been drown out ab tho . ring-like opening whore tho hoad had boon noatly nnipped by tho birds, - The procoss was to cateh tha baes while hovoring ot tho ball-like o))unlng of tho flowern, Aftor sovoring tho hond, thoy oxtracted tho viscora for tho eako of the honey-sac. Sovoral vory intoresting considerations aro brought out in the courso of the artielo—such ns tho acquired tasto; tho birds had found out that lioney wag nico.” Was it not singular, too, that thoy lad learnod that it could bo got in such a manner? And thoro wos also tho curlous fact that the bird coufinod its marauding to the white-hendod hoos, tho stingloss males—thus carrying on his terrible work with impunity, nud_aimost wautonnoss, as it contonted itdolf with simply tho honey-bearing #ac. Prof, Loclkwood slso notos g curiouschange of hiablt in the king-bird, 8penking of the won- dorfully plucky mauner of this courageoun littlo bird in nttnoling orows and othor Invgo birds, nd sccuring tho general admiration, ho snys that for Limsolf that rdmiration hus Eonu down to zoro, a4 ho has noticod that the bird hus not any truo knightly qualitios, but can do somo very moan things, Tho Profcssor then instauces a caso in which o pair_of robins had built u nost in & treo 80 nony by ihat tho process could bo watohed from tho house. A pair of king-birds kopt all tlio time noar, and watched progress with gonu- ino royrl indolonce, and, whon all was inished, with kingly impudencoe took possession, ¥ho rightful owners mado but a feoble offort to ro- gist this inyaslon, Tho king-birds rotained pos- gosgion until their young woro raisod. Moro than a yonr ago, Prof, Lookwood likowisa orlled atten- tion to tho fact that tho groat butchor-bird, or northorn shriko, contraxy to all procedont, hiad begun to visitin wintor the dities whoro the Eu- ropoan sparrows have bocomo naturalized, 'I'ho Dird in summor collects grasshoppors, umall lize ards, ote., and impalos thow on the spinos of tho Jooust or other trocs, onting thom at its loisuro, ilo noticos tho caso in which a shrike in its wintor visit gibboted n sparrow It tha cliy by putting its neek iu the orotoh of a small branch of o larel, and then, having kuooked in tho top of its boad, tho bird oxtracted its vietim's bratus, et oo g —Ono of tho most romarkablo, and probably unhtuuA collootion of paintings ever brought ui- dor tho hummor of tho auctloucer, 1s that formed DLy tho lato AL eindrich, Chiet Excoutioner of Trance, and commonly known as **Monslour do Paris.” 'Tha collection Is composod of paintings and ongrayings rolating ontirely to varioup modes —of eapital punislinent,—by gibbots, crosses, oto. Tho subjeots nre mostly annotatod by thoir lntotFm nie.or, who, on ai ongroVin io reprosenting panish garotle, hus_romarke :1;2&,'“" 8 tho maost Dalnta of all modos of oxo- n, _ THE RAILROAD GUESTIOR. Tho Dunhom end Hildep Bills Beforo tho Legidlaturo, - CorrespondenceConcerning the v Tree Pass System. Something About the Tariff. Lotters from 8. M, Smith and D, N, Youter. : ho Punhnon and Hildrap BII5, From the Illinots Stats Journal, The ITouso of Roprosontatives in fnlllnF thoright track, Two bills—one introducod by Mr. Dunham, on Feb. 27, and ono by Mr.- 1ildrup, on tho 18t Inst,—proposo tho diroat futeryention of the propor_authoritios of the Stato. Thoy havo heon ordered l'n'hllad for tho uso of mom- Dora, and will doubtloss becomo tho subjock of aorioua deliboration during tho prosont woek. . It is but Just to tho 1louso to sny of Mr. Dun- ham'a bill “that it 1s too much in the vein of a now statuto for tha punishmont of vifenscs recognized as misdomosuors or erimos nb com- mon law. In some rospoots, it olovates moro suspicion to tho dignily of ovi- donco, and raises unwarranted presumptions o guilt, followed by wift aud unusual popal- ties, This bill seoms to have boon l)mpm’cd in tho spirit of o crusado runinst railroads, with tho intont to do them all tho harm possiblo. Lawa made in boeat aud hasto are not apt to ‘mwo wiso Inws, whon tho hoat has abated, Whon tho farmera in their clubs nud conven- tions demand justice, thoy do not mean ravongo. They. do uot, in asking for protection, moan porsocution. Laws aro mado for the futuro na well 8 tho prosent,—for calm and sottlod condi- tions of the public mind, as woll as_for Aensons of agitation,” Whilo Mr, Dunham's bill drives in tho right diveotion, itn imporfoctness of dotall, and its strong likonoss to & now criminal codo, will bo in the way of its sncooss. Mr. Hildrup's ‘bill comes vory noar covorin| tho wholo ground and providing the ncede romedien in o an' practical way, Tho nuthor hing not only studiod tho main questions well, Dbut ovidontly read with caro and profit tho ro- cont decision of tho Supromo Court. The bill Ins o purpose, & boginning, conseeutivenoss,. n harmony of parts, and an ouding ; and its theory is olbornted with o logal circumspaction that indicates » disposition, not ouly to prosent = bill that tho Liogisiaturo will bo willing to pass into o law, but ono that will provo to bo guud law aftorwardy. 'This bill puts forward the Stato, through its propor nuthoritics, as tho official conservator of corporato rights and dutios, and tho guardian of tho rights of tho citizon. This fs tho cardinal point, Once assumed, the right to firunnrflm remedies, and the mods of onforclng thom, fol- Jow in logical sequonco, Tho P\'uvislnu of the bill {5, that tho Railrond Commigsioners shnll fix schedulos of rates of froight nnd passengors, which shall b in foreo thirty days after publicatian—which ratos shall bo deomod, prima faclo, just aud reasonablo; and’ that oll other ratos sbnll bo deomod, rimn fecio, to bo unjust discrimine- ious | n railron fix other ratos than those proscribed, tho Commissionors rococd by rolation in tho nnmo of the poople, Pofove the Cireuit Gotirt of any county throngl which tho road runs, requiring tho offendor to conform to tho establivhed ratcs, or show causo. into 1f default ho made, n jury sbell try tho caso | on the part of tho pepplo, ‘and a decreo may follow thoir vordict. If the railroad appoar and defond, ‘tho igsucs shall, in like mannor, bo riod, ‘conforming to, proceedings in oqiity. The ‘dacree, if ngainet tho rallrond, £ots nside its schedulo of discriminations s unjust, and -ia n liLtlo top much of tho vim and animus ob- fervablo In the publio meotiugs and fn tha nowae ]»n‘pbru. That I8 vory natural Almt now; but, on uohot, sogond thanght, the bill can be brought into barmony with the prinoiples and practice of Inw in nll respocts,—framed iuto,s utatuto oasy of.oxecution, and fully snewering to: tho de- mands of o just publio sentiment. ~ - Interesting Correspondonco About Pauvess From the Burcau County Republican, To the Farmers of ureaw County: In obedienco to n rosolution passed at - your couvontion, held in Priuceton, on the 14ih ult, dirooting mo to publish any commuvication T might rogelvo from membora of thin Loglalotive Distriot in rosponso to your rosolution requost- ing thom to surronder their railrond pastcs, I linvo the honor to submit tho following corre-~ spondencs ¢ v "Tho lottor writton to tho Bonator and membory waa substantislly as followa s - " Puinorron, Fob, 18, 1673, 2'ha Hon, ~— 3 DeAn Bin: In complianca with instractions of Farmors' Convontion, hold at this {Illcfi on the {l‘ th inat, I Torward you the enclosoed resolu- on : ltesolved, That the Scnator and mombers of this dis. trict bo requested to surronder thelr rallrond pasacs, if thoy hold any, at once. 1 am fdrthor insbruotod to publish any reply you may chooso to make. VEH truly, " 1. H, Excorr, Beo. Col, I, II, Ellott : #in: T havo reoojved your Iottor of the 18th, containing the following Tesolution, prssed, you sy, by tho T'armora’ Couvention, though I seo you hiave mado it somowhat moro porsonal and {’N'flmvlnry than the resolution, as published in ho Burean County papers ¢ Jlesnlved, That tho Benator and mombors of thin dls- trict bo requoated to aurronder thelr rajlroad passos, i thoy Liold any, at onco, Now, it Ihold nuy * passcs,” this guron\ptcr‘v ordor for unconditionnl surrender, * at once,” fosy I should have somo reluctanco to give thom up to you and my friend Rous, tho mover of the renolution, - Who Inowa what you might do with thom? Years loretoforo I have had * passcs,” aud though I have had tho bonoflt of soma critics, I am not awaro that any ono has pointed out any. improper leaning of mino to railroads, + “Thin yoar, in accordance with tho ndvico of my frionds, Ido not uee ther, and roturn them when proffored, ns 1 did o few daya 0go, o tho Chicago & Alton. Dut T must sny that most of my frionds who hinve ** pnsses” Room quits a8 zealous o Borvo tho peoplo faithfully on this railrosd question as Ium mysolf, . A yonr ago T suufim topnea o law forbidding mombors to uso ralirond passos. I continue to favor such o law—not cesontislly thut they cor- Tupt mombors, but boeause they promote nb- sontoolem, sud thoy do begob o _popular sus- ‘picion that mombers aro iufinonnad by thom. In olosing, pormit mo to cougratulate - you ou your rapid progross on this raiirond quostlon. A Fow months ngd yon' wero stumping it round 110 county, and working with considorablo dos~ ‘poration to olect to the State Bonato o ratlroad attorney, to roinforco those now hero who stand in tho way of efiiciont laws on that subjoct. It soomsa you have made #o much {mprovement an this mattor na to bo mado tho organ and agont ‘| to purify others, You are constituted consor to those who have beon for yenrs soldiers in' the enuso of tho pooplo against rallrond oxtortious aud monopolios, - Trusting that_your conversion is as sincoro na it 18 suddon, I subscribo mysolf, respeotfully yours, “ L. D, Waitiya. X BrnixariELp, Fob, 24, 1873, 0 Col, Elltott: 3 Dean 8in: Yours of the 18th, containing ros- ! olutions passed ut tho Farmors' Convontion, in i Princoton, on tho 14th, is ab hand, and contonts ‘motod; and in roply will say, I think you hnve . mistakon tho mou, ~You nre woll awaro I am of i that moral roform patty that o belong to, and 1of courso above suapicion. You cortainly must sequiros conformity to that fixed by the Com- | huvo intonded that rosolution for Sonator Whit- missionors. Upon cause ghown by oithor parly, tho Court may %mut a now trial. - Cauges of this kind' are to lave precedenco over sll other business. defendant, another Judge, to may bo eallod in. Ay{:enls to tho Suprome Court may be taken by cither £100,000 s o sgreed tipon, by tho verdict to be just, and to abstain fram othor mtcs or discriminations, until rovoren! is "Thiy wholo ponalty bad in the Suproma Court. i tobo racovered on sci. fu. in case of violation. It is mado tho duty of iho Attornoy-General to try canes, who may omploy spocial counsel. Aftor or froight iu ox; Btatos Attornéy - proscenting. &o,, to bo carried into effect by quo warranto, judgment of oustor, and final oxocution. . Any pernon from whom n railroad company 810 raccivo tho entiro nmount pad, with at- torney’s fee, and shall not be roquired to givo mey bave oxacted unluwful charges may boud for conts, ‘Any Circuit Judgo may, upon the applieation tata's Attornoy, or speeinl counsol, 1ssuo attachments for contompt, end punish Dby fino snd imprigonmont, nny con- dnctor, agont, or employco of o railrond company who may exact moro than the court shell havo of tho Attornoy-Gonoral, decreed to bo just aud rensonablo. Bhoriffs are required to summon s PossEe com- mitatus whon necessary to onforce decroes or gorvo writs, and may stop trains for that pur- du erd disrogarding do- crcos and exncting moro than may have beou ad- {‘mlgml rensonublo, avo also declored guilty of & poso, Conductors snd o igh misdomennor, and may bo flued and impris. ouod, 1t {s providod that any railrond company may apply, not oftancr than onco in each yoar, to tho court in which & deoroo hnd Leforo bacu ontorad fixing ratos,” for n rchearing,. - ‘on which tho onso ohall bo retried, and o now adjusiment, &s in tho first instance, if doomod nocossAry. Tho lnat seotion provides that tho act go into effect at onco. Thero are & fow points in which this bill will As beforo stated, we aro nob proceeding against railrond companics erimi- nally, nor for tho purpose of doing them harm, thom, to bring thom strictly ‘under tho proper ros- traints of law as ordinarily adwinistored, so that its machinory may worlk ps smoothly and ofil- ciontly as in ordinory cases. This isnotdifiicult, noed reviulon, advantago ~ of them, but or nor gottiug sharp to cripplo moroly d tho peoplo want nothing more. may rond runs, ratos aro just aud reasonablo.” Thin will not do for tho first court that makes o deoree, binds all othoral” A copy of tho finding, flled in any oth- or county, would bo & bar to further notion. Too much in made to depend on the firat cnse. Possibly, thongh not probubly, tho firat court o jury might be prejudicod or bribed. What then ? Second—Tho proviso at tho closs of tho third soction, that on & now trial the schedulo sy bo Tho partos have a right to trialon tho original o allow suoh on amondrmon i to niako thin, & defendunt finy bo cons frontod by o sciiodulo’ agninst which lio would amonded, i unjust_and bud In_praotice. istino. & new casel I not hiovo n fivst contondod, and sees his enso, ot Alisit grood, mado bad without his consunt, Chaunges of venuo aro not allowed, - If the'Judgo bo objected to by tho arty. 1t by tho defondant, & bond of Tnll'bo givon in addition o the ordis nary appeal bond, to conform to tho rates found tho rates kinyo boon Judicinlly determiz- odl, n fine of £1,000 s mposed for exacting fato s, With & foo of 300 fur {ho Upon a_third conviction, follows o forfoituro of franchisos, —It 1y providod {lat tho Commissionora ng suit in #uy county through which tho In tho third soction it i doclared that o decroo thus rendered ‘‘shnll ho conclusiva avidenco it all of the courls in this Slate thatkueh {ing, and hovo misdirectod your otter. Yours truly, M. R. DEWEY. Browarretp, Fob, 24, 1673, Col, 1, I, Elliott:, 3 Dean Sin: Youraof tho 13th inst., eotting Zorth tho following rosolution, viz: Resolved, That tho Scnators and _members of this diutrict bo'requosted to surrender fliolr railrosd passcs, 4 thoy hold any, at onco, i —xwhiich you fny waa adopted ot a mass-mooting, ‘heold on tho 14th inst., is boforo mo. If it pass- od a4 you give it, possibly it might Lavo boen oqually foreiblo and loss poremptory. I shall cxpoct my acts aud votes horo to bo critieally soauned by the poople, and proporly s, auds-if not always found to bo in Bupport of tho peo~ ple’s eanse aud intorosts in overy mntter, I can- ot hopo to osenpo thoir_censuto, Neod I say my business, my sympathics, my intercstn, aro identical with thoss of the - producing massos? As o producor and ahipgm- for years past, railrond oxtortions havo chafod and “oppredsed mo in comamon with you ail. 2 Tor yenrs bofore my election as tho poople's servant I have hield and used passes over tho Chicago, Burlington & Quincy Railrond by ronson of the sh Ulping which I have dono and “am doing with that Company, and I am suro that if the pooplo are right (and I know thoy aro), wlen they chargo tho railroads with extorting too much for froight charges, thoy proye at onco for me, what I bolieve, that my freo riding ovar thet Tond is_the most oxponsive travoling fhat I do. As to the othor railroads, I havo, upon the ad- vico of friends and in doferenco of the oxprossod dosiro of tho_peoplo, concluded that I will not uvo passos. Not bocause I think they would tend to bins my voto or actions, or in any woy unduly influonco mo ; but tlint there js an apparont pro- aro nflkin{( protection Irom the oxactions of theso - | samo railronds, ontirely fros from all diveot or construetivo obligation to such railrond, I am also awaro of the fact thattherois o wide-sprend improssion among tho peoplo that tho uso of pasecs hns influencod legislation nd- versoly to their interosts, and I do observe that thoir use promotos sbsentocism, and thus gront- 1y roturds loglslation. 'To tho poopla thoir usoe has ““tho apporrance of ovil.” b0 injunction i8 to “avoid the appeavanco of evil.” Now I have no consclontious scruples agninst foraging upon upon the enomy in accordanco with tho Jaws of wor. Yet, as the people aro disposed to conduct this strugglo upon the principlo of “rendering usto Cwsar the things thnb aro Cemsar'e,” I feel constrained to heed thoir ro- quest. I ean conceive that if-alarge numbor o porsona are carried freo that those who do_pay may bo taxed a hflm‘ rate to mako up for thoso who go for mothing, and that the pass sye- tom oy thus necessarily rosult practically in Incronsing tho burdens of thoso who'do pey. It is nlso to bo obsorved that tho clazsos who rido froo are better ablo to pay than tho classos that are compolled o pay, and, if wo nro to ye- gard railronds a8 public corporations, it would + | Room that tho tolorpnce of such maungement s .would amount to discriminating In favor of ono portion of tha community and against othors would be at variance with a fundanental princi- plo of right and freo fiovurument. And now, in conclusion, lotmo furthor say that whilo, in 1y own judgmont, your action s b prosont in the uature of * spocial logislation,” snd might bo pronounced unconstitutional, fn- sewmuch ng you divort. a fow dollars . {rom tho oolots of your own servauta into_tho coffors of fiw roilroads, while othor parts of the Slate lof thoir follows o acot, £rgo, yob [ am xondy to any it may not prove to bo ** good goed,” which muy soon bring it rich frultago, 'y b J, R. Murvane. Thipa—Sce. 4 is wrong in donyingthe right of | he Farmers and Transportation domanding a chiango of vonue.. A wholo com-- ry jiryman in tho bo carvied away by prejudico and & iy not far fyom thas now, in como localitics. Lo dony & party thio_right to kook an Wo trent murdor~ And {hon, why roquire that Lol parties shall agrco upon anotlior judye, Dok beforo & Judge “Whut pinoon the party maling tho objootion in tho poser of tho othor.. velaling munity— wholo coungy—ov vicinuge, ma; oxcitemont, impartinl jury is an ontrage. ors boltor than that. or in dofault of it to cumo alrondy objoctod to? Fougth—That pravision in_Soctiou 4, el to tho 100,000 Ilar!uilurn’ and that in Section 7 doolaving wh absoluta forfoituro of property sid Trauchiscy, avg both Loo Bweoping apd positivo. Corporations diro, like ratural porsony, responsi- Dlo for the nety of thoir sorvants and cmployes. tho dishonesty or even curolossnesy of nny ono of tha thousands of om- mpy on_sny How it agent to vio- 1ato tho Iy until tho third offense i vonched ? Undor these provisions, loyes of our railroad companios, iy, Subjont thom Lo thoso gront mexuea. onby to bribe a conductor o Troig Tow ensy for orrors to oceur? Thono proyisivns noed foning down @ little, Fifth—And why, puing raflvosd sompanios, ing seourity for couts ? Aw thora plonty of thom around rail ! can, for rovonge or blackuail, Lring o wuit, Lonton, in Soo, 8, vollevo perrovs, Trom the duty of give poor dovil (sud railrond stations) who iy to pay his costs ? ‘Phe Btuto ? or shnil tho officors of tho courts do thoe work for Ohargos. From the New York Dulletin. Thero is clearly good reacon for tho lond out~ ory now raised by tho Vrestern farmors, and oupoeinlly those of Illinols, ngainst the heavy aharges of tho railronds for tho transportation of farm products, _ Whatovor tho railronds masy way about their inubility to carry at _lowar ratos, tho fact unquestionnbly romains that tho ohaxges now onforcad take 8o much out of the oukets of producers 88 to loave farming much ois | profitublo than it should bo, and conce- quontly roatrict tho growth of our agricultural industry. Norlis this o matter which afects tho farmers alone; far, as our agricultuve is the main boulg of our national wasith and prosperi- ty, whotovor injures farming reduces tho vitali- ty of the busiludss of. the whola country. Defore, howovor, muoh {8 done in tho way of attompting to remady high charges by placlng tho rogulation of rates in tho hands of & stand- ing Htato Commission, which, in tho long run, wmay be found quita ¢ ready to sorve tho rail- ronds a8 the publio, it may be woll to inquire into sowa of the reasons whiol Indugo the railronds —{u Bpiso of constantly inoronsing competition wwmong them for businoss—to fix their ratos so Biggh. - 1t In elenr thnt, taking tho roads on an avorago, thoy do not oarn more than & fair per centaga upan tho capital nvostad fu thaw ; and, that Loing tho easo, it must follow that, it thoir ohiarges ave arbitvarily roduced by Stata authar- nothing 2 Of cowrse, wo do nob oxpoct tho ofher ity, #o s to rendor them much lesy romunera- party to do it. difléulty in prosnriny It may be ropeste comprahiensive and well seourity. A rospeotublo saitor, who ecan show o faiv cose aguiunt o railrowd, will flud no that e, Hildvap's bill {a proparad, and has in {6 tho pith and marrow of tho very logislation the gountry ueeds, In tho objoctions notod, there tive to stackkolders, thore will bo & quick stop- psge of rallvoad oconutruction and extonslon; which is manifestly tho very lnst thing that for- mors could afford,” It may bo said that, through this arbitrary rogulation, the roads would be drivon into a” more economicsl managemont of thoir busineas ; but we question whother muoh would suggost instant obodionce, though I gon- |: priety in having logislators of whom the poople | ndvantago of that kind would accure, The manngara of the yoadn aro genorally laygo hold- ors of tholr ntogkz or bonds,nnd have, thoreforo, amoro direct intorest m oconomy of manngo. ment than nuy othioss ean Enlmlhly hnvo; and if, in any caso, thero is n lnok of cconnmy from in- nomlpumncy, or ray otlor enuso, Wall stroat gon- orally farnishos capitalints who bottor undor- stand the busingas and soal to make o profit by buying ont tho incompetent managomont and inutitnting o botter adminiateation—that boing . 5¢ Wall stroot spocuintion, X ‘0 deepor caugos il thoso for the Tigh frolghit taxils 8o jnstly complninod of, If tho railronds chargo too much, ono_very lm{mrt- ant reason I that they cost 50 much to construct and to run 3 and, thorefors, it hecomes n very Important question with tho farmors whothor they can in any way help to cheapon tho cost of butlding °'l“‘&’l""¥5 and working roadn, Un- doubtar Iyyx as the oleotors of the mon who under- tako to “rogulate” tho commorco of tha country, thoy can, Lot us sce, for instanco, how far thoy bavo it in tholr power to chicnpon tha™ cost of tha fron uged in tho constru tion sod ro- })ulr of railroads. We fiud that, during the lnat i lscnl yenr, wo Imported 1,100,050,857 pounds of rou and stoal rafls, and that durlug the lnat flncal yoar wo turnad out of our own mils 2,030, 000,000 pounds of rails. It thus appoas that, for the purpozo of railrond conntruction and rov palrs, Wwo nvo consuming ahout 8,350,000,000 pounds of railn por annumn. Th otrront dut; upon foroign rail” {n 6o por 100 1b, and on steo rails 13¢e por b, Tho affect of the duty i to in- oronse the prico, to_ that oxtent, not only upon tho imported tnlls, but also upon the domatic, which, if the duty'wero romoved, wonld havo t9 bo correspondingly reduced to onabls mannfac- turora to campolo” with importers. Tho follow. ing etatement, thon, will show tho cont of the taviff, laab yoar, to our rallroad companios on rails nlono : IMTONTED, FIGOAL YIAR 187172, be 3 944,790,300 1 tron rafls duty G5 contaper 100 iy 9 + $0,051,057 245,011,554 3 ;T ] OF HOME FRODUOTION 1§ 1,000,000,000 1bs iron ralls, 63 conts per e O, ; © 11,010,000 160,000,000 1ha stocl Tails, T3¢ centa. * 1800000 Total, In gold valno, $22,589,051 Lquivalent in curren + 25,760,000 Tt will_thus Do scon that tho tarif incronses tho sununl oxpendlturo of the roads upon rails 25,760,000, Dosides thus, o have to take into account the consumption of Iron for othor pue- poses thau tracks, such 88 ougines, cara, fish- plates, &e., tho amount of which can bo only vnguoly guossed at. It may, bawover, bo safely ostimated that tho iron consumod by tho rail- ronds in varlous ways ia_increnacad in cost by the tarli? Lo tho oxtent of £30,000,000 per annum, ‘Taking the anuual gross earnings of all the rail- ronds of tho country at£450,000,000—~tho amount estimatod by TPoor’s Aununl—this taxation, diroctly and indiveotly consenucnt on the tarir, amounts to 724 couts on the dollar of the whola recelpts of tho ronds. Or iaking itd ratio Lo the capital of thio ronds, it rmonnts to 1 por cont per sanuum an tho §3,000,000,000 which Alr. Poor entimates o8 luvested in railroads, - This enormona iron-tax has to bo collected, to n vory large oxtent, from the farmor, iu the way of .incrensod - transportntion charges on theit roducts. This, howovor, is but o small part of ho augmonted cost of constructing and work- dug railroadn which rosults irom the {arift. Tha tariff has & liko effeot upon all’ dutiablo artiolos used by the roads, nud eauses & vory makerial enhinncoment of- the “wagen paid to tho large army of Jaborers employed by thom ; and whon it {4 considerad that .tho working oxponses amount {o about $275,000,000 por annum, it will ensily bo eoen how largo must be tho amount added to tho exponao account, directly and indl- rectly, through tho tarilf. Now, nome interests find ‘it poesible to compenkato themuolves for thoso onormoua taxes (imposed wider tho idoa of protecting tpecial - industrios) by corre spondingly incroasing tho prica of thair ducts; but tho farmers have no much rodrosa. Tho value of farm products is determined by the Zoroign markots whoro tho surplug nbovo homo wants is dispored of ; aad the prico of cotton, whoat, an pork is consoquontly tho same, tarigt or o tarifl. T thus rosults that tho injury inflicted .upon tho ngricultural intoreats thronghoppreusiverail- road rates is, in a vory largo degroo, tha immedi- ata consoquenco of tho pernicios kystam of fos- toring domestic menufactiros through tariffs. If tho farmers wore to diract theiv olforts maro toward remedying that fundamental blunder in tho commercial policy of the Nation, aud lers to experimonting with Stuto railrond commissions, thoy would bo In & gaod way toward proteolivg thomsclves pormanently azainst o wrong which is sanping tha very foundations of our agricul- tural prosperity. Lotter from . Fl. il Scerctary o2 the Kilinols State Farmers? Associas tion. RewANER, Tk, March 10, 1879, Jas, P, Day, Tt Torl Dyvo 3t DrAn Sins Your of tho Bl inst, is b hand. It is_with most unfeimed rogrot that I must ngan dony mysolt tho ploasuo of mecting you and my friends of Rock Isiand Connt; 2 ongagod for evory. doy this woolk, bogidniug thin oyening in Kuox County, tud ending oit Saturday in Oglo. Thoro is no placo that would havo given me. moro pleasuro to bo thnn with you, on the 12th, bubaa my othor enggomonia were mads bofore receiving , your lkind lottor, I must forogo the eflnasm‘o for tho prosont; hoping, however, that I may mect you &t .uo distant doy. Our work oos brovoly on. tho most cheoring so- Hurancos como from overy quarter; aad tho wooplo nro determined to_continuo_tho sirugglo Until tho mMONGLYOUB WIODgH Y0 NOW snfcr slll o fully rodressed. Wo neod look for no help from the Governor; his !\]\]\D\ul\neub! fully show that ho is not in sympathy with us, Our only hopo it now in tho Legisloturo, and cven thero I foar wo have small hope for reliof unless o givo our sorvanta to undorsiand in unmic- -takablo torma iliat wo aro not to be triffed with, and that wo will, be_gatisfied with nothing short of all tho Constitution will give us in the way of Just laws for our protcction. . T conuider the Bupreme Contt decision o piaco of contemptiblo_pottiforging and wnworthy of tho grayo mon who consfituto that body, Ship- ped of its vurbin{'n, it amonnts to Just this sud | nothing moro:- The Logislature miy onact leva prolibiting upjust discriminasion, but thoy ara ot alowed to decido whet {njustice aud extor tionis. Our nccustomed royoronco for theso notignated bodies must soon give plaga to con- Sompt it thisis n fair spochnon of thelr Jozal acumen, Porhaps the soonor wo comoto that Doint tho bottor, n wo may thén devite soma surer modo of rolief thau~ through that slow coach. This, after all, i tho true state of tho casde: When #lavory wea rampant in our land,no de- cinion conld bo hnd from owr courts ju_favor of frecdom, Ho now, whon rnilronds are oni- nipotant; when thoir Insiduous corruptions aro porvading ovory. branch of our Government, our courts can find no_precedont for a decielon on tlio brond ground of right and justico, but foust quibblo for iho wrong. Advanced public opiuion very often helpa. judzos to decido fcr uI;o Tight. Lot us continfic to advauco 1Lis opinion. Only radicsl maasures will help ur, and if wo fail to accomplish our ends by duch, let uw: ostablish another such a precedent as | was mado in Botton harbor o contury ago, Wo shoutd bo in full sympathy nud record wiil sl organizations that .aro working for.tho #nno oud. - We caro nothing for monns only o8 they aro tributary to ends. “Remember thet tl:o only solvation of the agviculturel intercat, ite only anfoty for tho individunl intercets of ko farinor is in union of interests and union of pc~ tion, Ba as radical aa you may, you caunot Lo more tadical than tho omorgenoy dewande. Prompt, decided action alano will securo the ac- _complishment of onr object, and whon® sacured, romombor nlways tint © Etornal vigilanco is tha: price of liborty.” Faithfully yours, 8§, M. Sanmir, Ketter from B, N. Fostcr, Genoral Beputy, and FMembor of the Exocuts tive Committos of Stato Grange. BrenLixa, 1ML, Masch 11, 1673, Ju P, Da; 11, Feq.s 5, s y Dizan fin: - Allow mo t6 doknowlddge through you tha recoipt of a kind inyitation from numer- ‘oun frionds in Rock Island to bo progent ab your County Conventiou to-morrow. Plenso assure them ihat notbing but notual proatration pro vents mo from checrfully aceopting siuch an in- vitation. Iam happy to know that this woik Das fallon into tho hands of such able, honert, end activo reprosentatives of tha tillers of. tle goil. 1Iad it not been for my prosont illnees, whioh Lins lasted sinco the fivst of tho montl, thoro wonld have beon roprosonted here to-day, instoad of four, fwelve Gropges. Please eny to the good pecpla of your county, thatif thoy will have a littls patlonco, till I have timo to rocuperato, I will commonce 1y Inbors with them again at tho onrliost mo- wment I cen do so with sufety to my health, Allow we to mako one #uggestionto yorr meoting,—being foo fecble to do more tlun moraly to suggest,—viz, : That some meanuro Lo adoptod to cull the attontion of our preucy’s Legiuinture to tho necesnity of making &v ol amondmonts to tho Railway nud Warehousg “aw, a8 oxporionce and the rocent decisfon vf tho courts on the matter hnve shown to bo nacessary, With !cellnfin of gratitude for tho muny aots of kindness and hospitality raceived ab the inudu of thoe ojtizens of Rock Island County, Iromain, yours truly, D, N. FosiEs, Gmmrnluonmy.