Chicago Daily Tribune Newspaper, May 20, 1873, Page 2

TIIE CHICAGO DAILY TRIBUNE: TUESDAY, MAY 20, 1873 " ASSIGNEE PERKINS. He Is No Longer to Administer the Assots of the State Insur« ance Company. Elaborate Opinion by Judge Drum- mond of the United Statey Cirouit Court, tr. Porking Shown to Tavo Suppressed Material Information from tho Croditors. He is Adjudged to Be Not an Impartial and Disinterested Assignee. The District Court Ordered to Removo Perkins and Appoint His Buccessor, Yestordey morning, in the United Btates Divcuit.Court, Judgo Drummond dolivered bis song-ospected opinion in rforanco to the poti- tion of the croditors of tho State Insuranco Com- any for tho removal of Norman O. Porkins, tsigueo Of tho bankrupt. Tho opinion con- taine all tho points in controversy, sud no furthor introduction 8 roquired. It isns fol- Towa : In consequenco of tho great firo on tho Bth and 0th of Oclober, 1871, In this city, the Siato Tusurance Company sustaiued such losses that it becamo insol- Yot auit proceedinga wor dnstituted ogainst it, undor the State law for tho winding wp of corporations when thoy woro uunblo to pay thoir debts, Mr. finclburt * was sppoluted Rocedver of tho Stato Insuranco Company by tho 8tafo Court s {or theso_proscedings, and while they woro ponding In tho Stato Conrt, an nrp“ullnl\ wad made to tho District Uourtof tho United States for tho Northorn Diatrict of Iiinvis by some of the ereditors of tho In- surauco Company to bave it declared baukrupb under the faw of tho United States, ond it was accordingi; Anctared bankrupt by that court on tho 124h of Aprl 1 G, Tirkiny mas aoctad Asignan of, (15 oy uy by tho croditors ; his eloction wa - :‘\‘gflhxl)l)lhics ‘Court_on tha 15th of April of “'.“ same year, and ho entored upon tho duties of Lils trust, On tho 13ib of July, 1672, o petition was ied in th District Court for ‘TUR RESOYAL OF 3t TERTINA s Aesiguee, aud subsequently various po ied, nfi:l‘mnum, supplemental and olherwise, for hia Fetoynl.. Upo tho peittions thua presented o tlio Distrlct Court and {lie nuswers of the Assiguee, un or- ‘dor was mado by that Court reforring tho jssuo rafscd Ly tho yetition and unswer {o_ tho legistar to_tako Proofs, uud L accordingly took proofs, Which woro re- ‘ported to tho District Gourt, and that Cours refused to Yomova bIr. Porkius from (ho nsslgnoeship, Thero- ‘upon o petition was filed in tho Cirenit Court, under tho second section of tho Dankrupt Inw, for the review of this osder, sud tho quoation mado fu’this Court is, whether the order of {ho Distrlct Court Ju rofusing to Taove M, Perking was eortect. 71U PIANOIPAL, CAUSES OF COMTLAINT mado againet Mr. Lerking fn the District Court, and thut sre ronowed liore, are that 100 wan paid to hin, A1 mmounted to n preferouce for eervices thot bhad Yeen vendered, and which ft was clafmed was a ol raper preferenco nudor the Daukrupt law ; u\en‘ fhat ‘:n ‘unda & setlement [ rlation to o clabn’ which the Company had sgainst tha Tautonfa Insurance Con- yauy, of Olifo, for reinsurance for a leas sum than ho Ehould have settled tho claim for; tunt u his cons duct 8a Aesignen Do nunprcuud ‘ntorint focls from the parties who -had claime agafust 1he’ State Insurance Comypauy, which ha shonld have communieated to them fu relution to the affaira of tho ‘Company, and as (0 fa nasefn, Theso woro tho prin- cipul grotnds of complulut agfnst the Assignee, and \whici¥ liave been the aubject of review in this contt, TIE DISTRICT COURT'S ERRON, There in only ous_gromud upon Which, 1 thiuk, the District Conrt erred—holding that It wse uutenable, on whicls, I think, 36 a tenable ground, nud whick waa astadned by the proofs in at Court—and thut fe, Hiat, when application Was mad Ly somo of tho creditors of tho Company from time to time to tho Asslimee, the very object of wich appHeation, it must huve beeis apparciit, was to_ascertain tho condivion of the Company, that he suppressed facts which woro witlin his knowledge, and which it was s duty at tmy ymy to commuuicate to those claimants, Tho District Court held that ho did not suppross this infor- mation, I fbink {bat Lo did, and will proceed to stato very brielly why I beliovo thia in- formation was suppressed, snd why it was Information " which oy ' Lad 8 right o fiove conmunicatad to them, ond which it was hiv dnty to communicate, Wo have to atart with the assumption that hoso par- ties who were thue inquiring of tho Assignce as to tho conditfou of tha nssols of this Company were claimants sgniust thoso asscts, and wore inquirhig in_rolation to thelr own pm}mrly. Now, Iam awaro {hat itis wo uncommon thing for an Assigneo to bo anuoyed, from #imo to time, by aumerous applications and Juquirics about tho affairs of tho bankrupt or & buukrupt com= Doy, Whilo I meko all duo sllownnces , or the natural {mpaticnco which might bo croated by Ahoso repented applications and questions made or put %o thie Auslgaec, 3f thot wero all as to which complaint «onld bo made nmnnn thie Asaignee, the Court would ‘ot futorforo with tho rullng of tho District Court, DUT TIIS WAS NOT ALL. tions wero “Thie books of the Company came into his possession, according to Lis own slatoment, carly in May, 1872, At ono placo ho ays “3d or 4ih of May, aud at auothor “the 24 or Srd of May! ‘Thees books show certaln facts, and the Court will presumo that tho Assigneo at tho timo, or shortly sffer {heso books camo into lig posscssion, Xknew certaln facte, some of which wero theso: Thal the principal managers of tho Stato Insuranco Com- ‘pany and the National Loan and Frust Bank woro tho eamio 7 that Georgo O, Swith was tho Trossurer of the Company and the President of tho bank ; that ot thio timo of tho {nsolvency of tho Goupany icro was on doposit with tho Natioual Loan and Trust Bank the Bum - of over ) to tho credit of * tho Company; ' ibat botwken | tho dato of tho lusolvency of the Company and the Himo whion these books came Into tho possesalon of tho As- Eigneo und Lo beeanio acqualuted with tholr conteuts, that tho parties who had the mauagement to o greater o loss oxtunt, both of thie Insurauco company s tho Bank, had been concerned f - TAE: PULOUASDNG OF OLATA ogainst tho fomuesuco company with 8 viow of sclting olf thoso elsims ngainst th(s deposit-account in tho Natjopsl Yoan and Trust Benk. ‘And, T sy 8dd, theso purchsscs thus being made under circumstances which show that tho parties were ondeavoring to. deprociato tlis valuo of theso claims against the Company with a yiow of purchasing themot s choap rate. Thuse oro facts which were known to thio Assignce,oF ought to havo been known to uim, very shortly nfter {ho books camento his posses~ slon, Ono great Jeading fact to which I bave advorted 18 this, that there was on doposit to the credit of the Company the sum of over $300,000, Another fact that e koo wug tat Mr, Hurlbuet, s tho Racaiver undor tho oppointment of o Slafo Court, did not ot up any clam to thla largo dopostt, or, ot ‘uy raté, o tho wholo of it + 5o that W v (b proceed upon tho assumption thnt thesa wero fucts within tho knowledgo of tho Asslguee, o onghit to have been, carly ln Moy, 1672, Winloher view iny bo oterinine of tho rigkt of a deblor of u baukrupt " corporation to go Into tho market and purchoso clalms againgt tho orporation for tho piirpodo of sciting off ogalnst hig own debt, haviug kuowlodgo at tho timio that ho malkes tho purchnse of o b:\nkn\\\‘& corporation about ‘whicl wewmbers of the profession and Judges may doubt, {ho opinlon of thls Court has aiready buon exprcasod upon tlat question, sud o Court, on tho Gth of Juno last, decidod that, undor such a Atato of facts, o ect-olf conld not bo ale lowed toa deblor, Whatover, I say, muy bo tho viow on that question, thers cau bo o doabt, 1 wmy opinion, that undur the diretnstatices conncettd with this de! wosft {1 the Natfonsl Laan aud Trust Bauk, und the Durchaso of 1ho elatms agufust thfs insuranco toupany, Witha viow to set (iem oif agoinst this dupositaccounty that a court in equity < WOULD HEVEI: ALLOW SUCI A SET-OFY o obtatn under suich cironmstaucea by partics occupy. {ug this fiduclary relation to_the Company, conneeted with a buuk sud posseesing knowledgo that no ofher partlen possessod, Whot 1 micatt fo sy {8 thas, in my Spinion, uo court of enuity would over folrath a fet ol obtalned nnder such circumstances, - Now this A.wh{um kuow theso facts; that {3 to say, hatovor might bo his opfuion 08 to” tho seteolf, B knew the facts under which the sel-off was sought to e tnade, Thus posscasing kuowledge, lot us sce what Lo did and what bo did nol, When application was made to Whm by yorlous porties who bud o rlght to kuow somo of fheso facte, For instauce: Mr, Miller suya that ho Callod on DIy, Verkine, & weak or ton (ays before the Arat petition was fled, that would be about the st of July, 1872, Ho called upon him in relation to the pur. hava of o clalm which Bo Jisd, oF which lin represent. ed, v, Perkivs reforred him to Alr, 'Wrumsn, who s Iu tho samo_oticey nnd told_him’ fhut Triman wauld kuow, that Js, who would becoma a purchaser, The witness'asked if Truman was buying up pollcios, Truman eald thap ho wag buying thoin, aud way pay. Ing 13 centa for them, Now, thia wag n_gentleman oo was in Mr. Pariiue' ofiico to wliom Mr, Perkine reforred b, and - who gave Bim this apywor fu relation to tho valuo of thio policics, or, At auy rate, the price that ho was paying, After. wards ho called upon bim and he eald he would poy 17 conts, Now hore wis a person who called iipon thio Aesfpnco ; tho vory oblect of whoso call it must huve been known to the Asulgneo wan to ascer- tafi sometbiog nbout tho valuy af thy clalia whiclt Lo f,‘“i’ sgatust (lio Company, And (hiu way tho lst of uly, 7. Thomas £ays 1o thiat an spplication was made y B Lo tho’ F1me elect ua. Wt made by DE, Ailler. #Tho Acaimes {old mia thot Lo could oy puiraliaso tho claius hiznsolf ; that he kiew a part: that waa purchaslug, The igneo ankod how tuuel Dnd beeu offered for tho claim, Told him 13 por cont, The Asslgneo gave tho Sinprossion that 1, was worth, bo thought, something more than that, but oot think ho menilonad any Hgure, "Trusnan W, Draphy called on bir Hibbard, lio says sbout (ho 16th of May, aud abuut. th samo 'to liay an interview with Mr.” Torkins fu reference (o the "4 8, Torkiud said bo did not know what the hat many poilcies conld ba , YOI TEN OENTS ON TITE DOLIAR; bad g0l his for that, but did not kuow whisther more could bo xonltzed or mob, BaY that tho asreln of the Compaty conniatol ot somo, mneigagens don' know whothor ho sald it had any bonds or nok, Don't o~ mombor a ho Aald auything abont thot, Tiink fhat wan all, “Fho mortgages wero on bulldings that lind boen destroyed,” ' Nowton 8, Taylor maya tint o called on tho Arsigneo tho Tt of May o sl of Juno {0 ecertnin Wit tho prospocts wero for roceiving nuyihing fratn tho Compauy; ' tlnt ho aeked tho Ausigono what the assets of tho Company were. Tho Awmignco roplled * that thero was & bond of $10,600 which ho thought waa_good, snd a fow morts filgcl, ono of $5,000 on the Norilt 8ide,. which, ho hought, was ot good. Tho Assignco Foprosentod noting oo, T naked tho Asplguco what timo divioride would bo declared, aud ho roplied {hat, it thoro woro any, 1t would bo Jalo in tho fall, probably inrdior saya that ho ¢ called on thio Assignen oo titne In July, possibly tho Iatter patt of Jino, nud that Bo _told “tho Assieo bo called ~fo ' ob- taln informntion " nbout tho ffeirs of tho Cowpany, Tho seslguee, in mubstsnco, ropited thnt tho Gompany waa *in’ 8 protty bad box, Adw't amoust to muelt, aud wouldw't poy ¢ 7t Juqlilro about tho speciilo neseta of nolling was sad by olhor purty ationt any funds on lh‘munfil hio Nattonal Loan wnd Trust Company's bank> . “Tliore hro atatomenta mado by various parties who n o bavo cinima, sud who, 1t s not disputad, SiDave clalms ngainat Liis baukept Tnosuauco Cum. Yany, who called’ upon (he_Awsiguco at tho varions {mes mentloned for tho purposo of obtaiuing fufors ‘untion 08 {0 118 affafre, Now IT I8 MORT EXTRAORDINATY, with o knowladgo that therp must hnvo been in tho i of tho Assigco of s great leadlng fact,—thint Hiero wan or Inal boon, o doponit ovor &00,000'to the eredit of {ho Gompany,—that 1t wan not communicated fonny ono of theso pafiion mnking nquirios, It cor- {atuly wan o fact that was caleulated very much to aieot tholr (ntorate, and thefe subsequent conduct in Selatlon to theso vatlotn cladma, Tt ws o fact which find n vory important boaring upon the valuio of thieso clafma_os thoy thon oxisted ' fho mar- ket, Coucedo nmow, if yon ploss, tnt tho Assigmes kuow of ' {lio ‘clafm of sot-off, and lloved that olaim was well foundod, atil it fn o most astonishing clrcunistance, oveu if 16 60 bolleved and 50 know, thisk in ot ono of teso {natances did Jio com- ‘Tnleato g0 imporlant n fact ns that. It wos for thes Jusloua credllars o Judgoat (o wiint wns o lefal cf- Toct of thi fact, nnd to delormino nsto what thir cone et would bo. " 1€§¢ was not necassary for tho Asslg- o {0 go Ino auy goneral dolail ot (o claractar ‘of thicao claimus, sifll 1 must fusist that it fs NOT OSSIILE TO EXPLAIN hls roticenco n Tolation 1o this lsrgs doposit cone slstently with what I concoiva tg ba ontiro falr deailig {o tho craditors, I ropest what I sald, bofore—thoy Soro inquiriug as {o what bolonged to them, Theso aasels wero tholr nssotg, Tho Ausliico bad 0o Intorost in thom furthier than hat Lo nfht roceivo an com= ponsation for adwinistering them. Tho trao courao 15" fako won to slato tbis grest Ioading fuct, and io 'ssy tust tho valuo of tho asvols night Vory"Muelh dopend upon the validity of tily Habn Tof tho. bankrupt ngafust (hfs doposit Account an o sot-off, and lowvo theso parties to Jilgo for themsclves, It i cloar that mauy of thoso partica 21 ot kniow of tho exlstenco of this Tuct, and it is olso olear fhat most, if not al, of {heso interviews foolk placo nfter the decislon of 'the Conrt in yolation to {ho goneral law of et-off, Which, a I Lavo raid, woa on tho 6th of Juno, 1872." Tt canhot bo safd that tho ‘Ausignoe ¢id not dsclosa this fact, becnuss it way noto- rioug, It cortuinly wan not known to most of (licsy appliconte, oven if {0 any of ihem, and I tiink tho duty was mero fnperativo upon him to_miako tho dlsclosiizo i condcquionco of tho pro- coodings in {0 Stato Court under the law in reln~ not untll i, Geory .tlon to ths winding up of nsolvont companios and tto t ment of a Jtecolver, and tho ropart that tijo Ite- Tind made thot Iio Lisd only $17,000 in his bands, "BUT THE ASCIGNRE TIAS A RIGHT TO DX HEATD s to his own explanation of his conduct,’ Lot us ex- amino it, and na what §t s, Wihoro I rcad feom, o 18 Dolug oxnunbied 08 to whotlier or not Lo comnunie Gated “is principal fact o' nmy of . thess rios, and (his queston 15 put to im. " DAL you report tho fact of {licse moioys in e Natlonal Loan aud Trust Company's Bank to any of tho croditors beforo (1o 13th of July, aud, If 80, to o any of (ko' croliory of o ndurmco coia- nT) ngut 18 n plain, Aiatinct question aa to 3 matter that wan wwithin his own nowledgo, and which adrmitted of o istinct anewor, Thin{s his anawer : 1 do not know thint I hiad occasion fo mako any ro- ort to any of {ho creditors concoralug tho particulacs, Piiiawered quostlona ny thoy woro nakod of me, Asked a8 10 tho fuct, Lo 8ays ho docsn’t know that o hiad any occasion to_ muko uny roport, and it bo an- swered questions oa they were askod of hiw, Then this question i3 puts “1d you mako & ronort to any of tho croditora be- forg the 121k of July sud Taylor's potition was Nled 7% “Tho nuswer s “ I madonoreport tonny of tho credl- tora concerncd, I mado no roport wutl tho aecond creditors’ nceting. T answered questions and gave Such information o T was ablo to fram tino to timo," “Fhon tls question wras put ¢ #Did you ovor glve any informatlon fo suy ereditors Defore tho 12th of July of tho moueys on deposlt fu the Natiounl Loan and Trust Company Bank, and, §f so, t0 whom 2—n vory distinc, cloar question, adiltiug of & distiuct answer, nud what is tho ausworf—tho ques- tion {6 as to ony fuformation : ] nover made yeports to any, Tanswered ques- tlons askced mo, and gavo information required of me. Tioro ts another: 3 ' o thint, question—that ls a8 to” tho doposit in tho National Loan and Trust Company Dank—iwos that question ovor asked you7" Tho answer ia : 1 do ot think ftever was.” i Q.~And you naver volunteered the fnformation ta any creditor? A~I dow’t now. I lind no_ ocension to say anything to any ercditor you [thia ly Mr. Qooper] *“ropresent.” I don't knoy bad o oe- casfon to sny nnythivg to any creditor you represent,” Now, I 83y that testimony 1s not fair it ia uot cane -aid ; 1l 18 not ereditablo to tho Assignee. 1 liavo already sald, and I now ropeat, that T hold it was tho duty of tho Assignce— I098 MPRRATIVE DUTY— ¢ 1o dlacloso this fuct to theso parties wuo made this ap- plication ; that good Sfaith n-:tuired Lim to doit, and that hio whs not acting fairly {o tho creditors when bo rofusod, or declined, . oF did not muko tho disclouro ; and 1t 'ia_impoesillo o avold askivg the question waother, if this had been & deposit account in o bank, why. pefsous or parties ‘who had not olocted bim Assignce, aud with whom Lis ussoclutions hiad ot been ‘moro or fess jutimato, porsonally aud profossionally,— whether o would havo rofused to muko tho dis~ closuro, Lot us examino a littlo further tho testimony of Mr. Porkins in order to form an opinlon df his own view of liuconduct, Hosays: ‘“At tho outsot I conaldered that, if I should givo pooplo catimates and conjec- turea o4 to wWhat muat he uncertain,~the amount inal- Iy palt,—I should certainly mislead some, and subjoct amyeelf to blame, and X accordingly resolved to mako no such catimates to any person, sud I never have, Mr, Gardner mentions in Lls tesitmony thut holiad been told beforo that, by athier perous, that tho Cowpany would not pry moro thau 10 or 16 cents, and ho may havo mentioned those fgures in our interviow, Likely enongh ho i ; aad, if ho id, T probably did ot contradict him, " Now, no one asserts that it was tho duty of tho Asslgnea to state how much tho asects of tho Coms pany would bu; that depended upou clrcumstances nob ‘within his knowledge, 2 TIAT 16 NOT THIE QUESTION, 1t 15 not tliat Lie did not state how much tho assols of tho Company would bo, Lut tbat ho did not stato tho fact which would constitato an alldmportant olo- ‘mont in tho reevit 88 {0 how much ho Company Talght 1oy, ond lewvo (ho creditor to detormino foF thcme Cs with the knowledgo of that fact, how 'much it would probally be, And ways that 4 3fy, Qordner may havo mentioned thoso figures in our fntcrviow, ond if Tiodid I probably did not contendict b, i o uok copdemuing himeelf §f ho did not disclose foall- Xm{m'\nut & factas that to which Lhave Just reforred 7 But lot us hear him farthers 1Q,—Was thiéro any reagon to contradict Uim? A— Tolduld huvo 1o rcasou to, Iabutaiucd conselen- tiously angd ln\‘nzlnhl{ from muking tigures or giviiy lgurcs (0 snybady W Foforenco 1o thosmutior gud Lave util tho present tuo,” “Q.—Now, ulr, did you, sitlior fo Gardner of ange ady lse, state avything 'or do anytbing to mislead themn fu rolation to {ho valuo of thel¢ claiins? A—1 certainly have not futended to, It 18 Jmpossible for o to tell what effeet the interviows with me may huve had, I hove mot Lud tho inteution to wisload suy one,” . col A AN MusT INTEND. 1t fn o rulo of morals of Taw and of common Genso fhat & mAu muat intend what 1 16 NocussRTY Con¥o- Aquence of his own acts nd, when this witness sy Niero that ho did not {ntend to mislead any one, bis conduict wan of snch o characlor na siccosarlly fo Jproduco that romult, and he, 63 o mon of 1ntolligence, must Jnow that no oo annat, avold tho conclusfon bt that was tho legitimuto offoct of bis couduct—of thesupproasion, not porkapa by o dcliter- ate misslatoment, bt of th supprossion of tho fact hiat eas within Lls knowledyo, wnd whioh It was iy duty to communicalo {o the partics, S o 1 hnyo thus goue over, porhaps with somo dctat], tho record with a viow of sliawing tho spplications 'that wero mudo to tho Asslgnice, or what occurred and of tho explanation whichlio lifmself gives of his con- duct, It may Lo sald that {he books wero nt tlo dlsposal of and could bo oxaminod by tho oredl= tors, 1 supposo tatfs truos that any credior could isvo exatubicd thodo books, elikior upon application to the Aesigneo ar (o the Court, but think that is 1o ra- 601 Whiy, becatiee the creditors had the power o ox- amius (o Looks, {ho Aniguco, wder: {ho. clzewm. stances which Leen mentioned, should suppre 8 fuct 8 Waterial, and which wes within his kilo edye, nud whicl lio kuow was not. witkin tho’ knowle eago o uyplcaut, 1 hovo omfited oio statement of ho Aeslgneo, which coustitulea an- explauntion which lo gives, whon TIUIB QUERTION 18 TUT TO MM ¢ Q.~Now, then, Mr., Forking, I want you to explan, i you Liave any oxplenation 10 give, why it was you did nol explabi to them Phn i8, to thewy varlous paze tloa who niado this appllcation] sometling about this Jory (¢ aniount of mouey on dopoklt fu the Natiousl Loan B“}. lz:lnl c‘mny;luy ll‘llllkv" very notural qucation, which would ocour to an oo, 81l Vileh would seoin Lot Indievout perbon &y require somo wort of an exrlunnl!fln, and o lias given l:lufla;hl'fl explauation of {Ljs supyression, ‘Iliv pu- #1 diilwt undortako to tako ovory credito; 1n and ozp'aln 0L ot louith evoryth £ pk i my hands from which T oxpected to reallzy snything ; €7 bnd, L would isva been ablo to o’ wothing e, for o great many peoply cawma there, My tine. W fully decuplod i aitonding to tho. niTalra of tho Gome any whicl needed fumudiato aud constant uttention, nd I didn't undortake to nor did I regard . un my duty to go over with every man who camo In thera and aked 1o a question a lovi! statoment of what T Lnd qol fu haud and oxpocied o rocelvo, or 10 o Tnto conjocturos of what the Gompany Woull probably pay, I didu't regard that as my business, 1 suwverad ety cbooetuly and fully, ay furas Luea abl, all queatlons asked of e, and' favo every nfors Suatlon T kuow auybody wauted'su faf a1 coutd, I gave every Inforination I kuew auybody wanted 08 far e T was ablo,” Now s that trua? _Cortatnly tho fact that thero was over $300,000 on doposit fn_tho Nstionul Losn & Teusg (Company Lsuk waa fuformation thst the ereditors of o bankeupt Samuesnco Company stould bo vory glad to know. ‘Phst information was not cominunicatod it was cortainly wanted, This i3 his explanation ! T mako 1o comment diroctly upon great doal that nin tho teallmony of Mr. Porkins, “tho Assignne, whicl, T think, exhibitod flln(m!my wlileh wae ontiroly ont of character as conneetod with the fmvestigation awid aubject of iulry, and which, to sy tho lsast of it, wan o violatlon of good tasle, 5 PENKINA RESOVED, ‘Therosromany obioctions ta (s, romowal of thls Asaignee, a1t Jn with a good doat of hinitabion that T finvo conto to tho conclualon that o muat bg removed, 1o hias bocomo familiar with {ho buainoss of the banke Tupl3 ke Ina man of intelligence, and is probably in nuny 10apects, conaldoring s kuiowledgo that o pos- renson of {8 affairs, expeclally woll qualitied to go on ond Anfsh up the adiministration o its nffaira, But I iaye folt tat it wan Jmypossiblo for the Courl to pang over what 1 conslder an impuralivo duty on the ynrt of tho Arsignos, undor 1o cireumstanced which Havo beon presouted, whore, ng I _{hink, ho- aupproased in- farmation that fio ouglit. to livva communicated, and Which i in(clligonco must bavo told him_tlint lio nughit Lo Linva communicatod,—{hiab 1o wan 1ot noting undor that Tulo, which fs tho ouly afo rulo for tho conluict of mon'fu thefr trausactions with oncl: othor— tliat Lo was 1ot doing to (hoso creditora as lio would fiave required pny oo of tem (o do ta lin under slnflar viroumptances, And therefore I cannot oxouss or'pass by puch an amtasion o8 I find actunlls exiating fu thia cano. Thora liua -boon & rulo of tho” Huprenio Courtof_thoe United Btates, mado at {ho Docembor “Ferm, 1671, in rolation to tho Faporls of aekigncen, ud of courso there Is no controversy upon that point, "l Asslgnoo did ot comply with tho rulo, Ono of {lio roanous ‘givon was {hat N0 Was not awaro of (o exlatatic ot tho rule, Lut o adinila thint Doknawit fn July, Ho kuow that such o rulo had baoy made, yot 1o Toport was made_ until about tho tat of Boptomber, 1873, either Lo tho Register or to Uho Court, 1only refor to thls, without Jayinig very great ‘slress upou t, bocause, altliough he might, oud ought to, hivo mado n roport earifer than ho did, even with tho kuowledgo Lo posscsscd, 1t 1s uot ob that ground tiat tho Court ncts, O3 TIIY APVOINTAENT OF A BUCCEATOR, Iam aware of tho great objections, ut T hayo enld, t0 tho appolntment of Anotkicr Assiguco wnder th cir- cumatances, but these clreumeatancos influence mo - dopendently of what I havo niready stated, It is clenr, although the Aseignea doea not admit it (ho disavows ity dhat thero s muich a feoling i Lo own Tulnd toward somo of the creditors of this Compeny and osgainat othors, that i conduct s influenced, and lins beon, amd may bo ngain, by those foclings, It §a nleo cledr that o very largo and respectablo portion of the credt- tors of ' this Compauy cnteriain such feolings toward tho Assiymeo ~ that thoy bavo 1o confldence in lifs adwipiatention of the assots of tho Gompany; ond, without wnyiug that they aro Justified for all {110 sentimonts of hosthity that thoy entorinin toward Liw, ntill tho Court hn alrendy aatd it ds appe~ zont that, it opinton, their hostiiity, o somo extent at lcast, fs jusilfied by the facty, Bo that, takiug all tlieno clrciinslances together, it does seem {o woos though tha best {uterests of all partios who have any claima agaiust this Company will bo promoted by bav~ ing some one olao uct in tho plavco of tho Assigneo. TIE ORDUT. OF THE GOURT yoil thioreforo Le (it tho District Court bo roquirod £0 removo ti10 Assfgnee, and {0 anpofnt atiotlier com= potent, disfnicrested person in bis place, Tt lias been o question with tho Cireutt Court ‘whother It was its duty to make tho appolutment of thio Assigneo itself; but I hayecomo to tlio couclusion {hak tho Court must remnit tho matter back to tho Dis- ixlct Court, oml requiro that Court fo romovo tho Asafgnce, and appofnt hia successor, T inay sy In coucluslon that a3 ‘to ihis Assigneo, tuls Conrt knowa otiing abont i czeept what 1y poars upon (o vecord. 1t has Sudged of Bim only by tho record, and by its showing Lo caunot stand as sn impartlal, Afsintorosted assignee, proper Lo admiuister tho ansols of the Oompany, At tho roquost of Mr. Truman, who roprosont- od Mr, Porking, tho ordor of tho Cowrt was al- lowed to remnin open uutll abjeotions could be antered if any nro to bo, e AN A FREIGHT RAILROAD. itor of The Chicago Tribune : Tho aubjoct of & Frelght Nailrond from Chicago to the City of New York Lins beon enter- taluod and disousscd by mo for tho pust throo yoars, and T am now glad to seo that it is claim- ivg tho attontion of your citizons, and slso of somo parties in New York, I will now give you my plan, or tho ontlines of it, sud trust you will givo it to yonr roaders: « First—Build a {hroo-track road from Chicngo to New York, eud as nearly on an air-lino g possi- Bla; I think the rond ecould bo run inside of 800 miles, Build all iron bridges. Never cross any ailrond ; build under or over in all cases. Second—DBuild, or causo to bo built, froight- cnrs ospecially ndapted for this road sud its busin Noverrim o ear of any other line or road ovor this road; noither allow ono of the cars of this rond to bo run ovor any other. Third—Run freight-cars on two of tho trackn ato enoed of 6 milos an hour. This rato of speed caueoa but Littlo wonr and tear, and forms the only ime-Lablo that in required. Fourth—Run caltlo-trning on tho third track East; to bo returned light, or louded on tho up-froight track. Tho cattlo-traiti would run on a timo-table, and at a spoed of 12 or 15 miley. Fifth—Undor o speed of six miles, frolght would bo earried to Now York sooner than it now i8, and morce reliably. Trains could be loaded and sont forward just as yvessols aro londed and towed out of yous hurbor.” ‘Sizth—Chicago wants no moro ronds for_pas- songers, but nhomust have increased facilitics for gotting 1id of tho_vast nmouat of produco thatwho is now receiving, without taking into account tho groal incronse sbe will get within o fow yoms. _ Seventh—Chieago ntust boar in mind that thero ero_othor placos that buvo an oyo to tho vast trado sho I8 now gotting, which i# not liaif what :hp “;lm have wlll‘iln tho pext five years, if ro- ninod. . Eiglith—Now Yotk Gitf mast join_Chicago in this matter, elso sho will find some of the citics on the seaboard seoking this vory tinde. Ninth—The busincss-mon sud capitalists of both citics muyst join hands in this enterpriso, and keop spaculative and railroad ring mon out. There must bo uo stesling or winipulativg, oy in very many cusos whicl 1 o, . fenth—The cost of this road, rordy for the equipments, will be about as follows : 800 mlles threo teack road, say about $70,000 $50,000,000 In addition to tho above, vory largo facilitios ‘must bo provided at Chicagzo and Jorsoy City for tho londing nud unlonding of cars,—smch' o grnin-olovators and warchouses. I should say thoso would cost, including _land, about $6,000,- 000. Tquipmonis and fucilitics ‘mnat of necos- sity bo vory Inrgo ou this rond, to hondlo the iminonso busincsa. G Eleventh—Thoro I Yory greab want of tho right kind of facilitios for tho transpostation of Tivo stock to Now York, This rosd will bo ablo to offor facilitios, In tho way of cara owpaclally adaptod to tho earrying of stack, far suporior to anything noy in wso. © Tuceljih—Tn_rognrd to ‘the carninga of thia road, I'havo no doubt it will prove a 10 por cont. stock, Treight pags Dolior than passongors. Now Yoilt & Brio carnod in ono yesr 817,600, 000, only $3,500,000 of wna passongor-monoy. T lavo sald, aud ropoat it agein, thiat, in my opiuon, tho Now'York & Erionover raccived 1 for thirough passongors but what it cost thom £3 o prosura aud trausport them. t In pnsrongor-tralus, runuiog 25 to 60 miles an four, that toar roud to piecod, whilo froight- tenine, nt o spoed of G miles, couse but a vory ulight'wear and tear, P Finally, o rond uilt, equippod, and rin as abavo siatod, willcompdio pucecustully with (o wator-commitinication during tho warm mouths of tho yoar, aud nood not charge ostra in tho wintor morithw ; wnd will roliovo” Clilcago ovary day of Lior vast xccuipts of produco mud live- stack, ) X. Cicaao, May 10, 1873, 2 AR A lorriblo Murdor of L Child by a Child. l-‘rumlnal,ynnlvbur,/(l'«.i eicy, My 14, A gontloman from Campboll informa ns of one of tlio most horribla murders of achild by child whioh Jiay over ocenrred in Virginin, the facts of which aro an follows : On Thursday of lust wool: a nogro girl, aged 4 yoars, whoso paronts roido on the lend of Maj. Rtobort O, Saundors, In Campboll, somo fiftoon miles from this clty, was ‘missed from bor hamo, aud, night coming ou, lior psoutu becamo tinowsy abcut o, sid soarelt of tho wauds aud flolds wad camienced, and actively prosocuted until soon aftor day- light Friday morniug, Whon her dend body was found Iv a flold sonia distunco from hor falhior's house, An oxamination of tho body waw o, and it 80on bocamo avidont whio had boon cruelly mirdorgd, i lioud Uulng Loatan, alimost to & jolly, Naar by tho body Iny & emall stick, somo aovon foot in longth, covorod with biood and Dair, showing that this was_tho woapon usod by 'tho muwderor. A Coronors jury nd- somblod at 8§ o'clock Friday nflornoon, and aftor rovlowing tho lody, tho tostimony wns commonced, whon it soon Locamo manifost that tho murdor waa committod Ly 6 nogro Loy ormod Josso Ponn, who Iy only aliont7 yeurs of ago. Wha boy wa 'sont for, aud fully’ cane fouuod tho murdor, giving 13 ik motivo for tho doed tho fact thit tho girl was tho ownor of o whita marhlo, whioh ubio wonld 20t giva him, aud illed bor n drdor to got postasslon of it, "Tiie youthful murdoror, it In nnid, showod no signs of Yomoro for tho hloody deed ho had porpotrated and gavo o Indications of foar of punishmon for It. 'The Jury returnod o vordiot in accordanca wills tho fackd abovo dolailud, Luk in consldara- tion of the boy's oxtromo youth, and ul4o of kia imbeollity, ho was ordorod to be dlscharged from arrest, r - private librarios which had been™ broken "up VIRGINIA. A Run Through the State. Talks with Ool. Mosby, Gov.' Wallter, and Others. Charlottesville and Richmond : The Uni- versity and the Metropolis. Reminiscences of John Tyler--A Pcop at Monticelio, The Railroads of Virginia, From Qur Own Corresvondent, WaAsnNatoN, May 15, 1873, Haking o visit fo Richmond Inst wook, I foll in with oL, 3omnY, tho colobrated partisn-rangor, who was just ro- turuing to Warrouton, i placo of nbode, from & visit to tho Whito Houso, whoro ho had boon so- liclting ofiicon for bia frionds. o nld that ho had obiained moro patronngo for Fauqulor Connty thun it hod over ad boforo from all Ad- minfutrations. Ono of Lis Inst prizes was tho Consulship to ToRtoobollo for & young artist. OF courso, Mosby favored throe torm for Grant, aodanid that the South did not want oithor lo- cal solf-govornmant or Stato rights, but pro- tootlog ngalnst nogro leontlonsnoss and carpot- bag profligney, from tho Fadoral powor, **Thora 1 Bouth Carolina,” lio 8ald, posaosping local wolf-govoroment and Stato rights, but what pro- toctlon Lavo tho bottor peoplo?” Mogby thought that Gilhort Walkor would go out of publio lifo at thio aud of Lis torm, novor to recovor fosition in Virgiuin, Horald that{twaanot truo that Gen. Grant had offorcd him tho oflico of United Blates Attornoy, but that ho bad intimated thet Lo could givoitto Col. Mosby; and, ab tho ssmo timo, romarked thnt {o solicit tho offica would get Lim ovil imputation at Lomo, Mosby &nid that o hiad found it much harder work to fight for Grant than to fight againet him. o is o supporter of Tom Soott's railway smbitin bi Virginia, aud exproased thoLiopo that Scott would gobblo up tho Fredorickaburg Rond, and mako all Dis connoctions southward. Mosby said thiat ho had worked for Beot to the bost of his nbility. 1Mo was by no moane complimentary to Gon. Grant'a Radlcol supportors, howavor, and enid thint ox-Gov. Wolls was porsoouting him (Mosby) long after tho War closcd, aud that tho last volloy fired was ono soar after the War was dono, whon & Yaukeo Colonol at Loosburg ordored him to take off Lluo ovorcoat, which waa tho only cover ho could get for bianakedness, and had thon ordored bis mon fo firo o volloy b Moaby rotreating, Ila wos g0 much Larassed in this woy that his wite wont firat to -Johngon to got him protoc- ton, ond, failing in this, obtained it from Grant nu Seerotary of War. Tt apponrod also that, whou Mr. Stanton oxcoptod Mosby Srom tho provisions of (ho parale of Loa's army, Graut iswed o special ordor oxtonding clemoncy tohim. Mosby’ reys thab ho wan nover out of uniform during el tho War, novor maltroated his prisonors, and nover camo Insido tho Union lines. 1o thinks J. E. B. Stuart was tho grent~ st master of tactics and_hratogy that tho War produced, boing, uuliko Forroat sud othors, an educated military man, who kuow how to om- ploy the covalry-arm in conjunction with in- fatry, artillery, topogeaply, ote. Of Harry Gil- moro Mosby speaks quito nonchnlantly, saying that Lo mover luow “tho gentloman Of Sheridnn Lio says tho same, _ Mosby is au entor- tainiug man, Witk o fnely-cut, aquillue profile, and a sovere, bluish-gray oye. o lins not rocoy- ored contidotico among the Virginians, who sny Hhat his objeols nro porsonnl, and that he Liug abandoucd his Commouvealth, RIOIBIOND TEVIVED. Tho changea at Richmond™ City aro vory ro- warkablo, and_altogather for tho bottor. ‘That town, liké Washiugton, lins oxporienced & coms ploto rojuvanation. 1 wau partioularly touched rith tho suporiorily of tho stock of bools in somo_of o storos, nd ospocially with tho abundanco of o clws of books quito faro through tho Noeth, such s local history, colonlal listory, ote. Those booke, T was lold, lad beou’ purclised from Tho nocoositios Tollowing tho War. Lo Rows- Japors at Ttichmond are toonumerous to do wall, W0 mills and factorlos aro running, and tho gravito-quarrios sud coal-mincs oro- doveloping S wovor boford, A now hiotol. iy bson dovisod to tako tho placs of tho Spottawood, latoly burned. “Tiao billy tints wost of tlio fown hivo received & very noblo extonsion of tho city, in tho nudst of which is & now publio park, ormnmonted with o statuo of Washington. TiE OBMETERY, called, I boliovo, Hollywood, overlooking tho mpids of tho Jumos River, bus boon decorated with 6 splondid movumont to the Con- fodorato dend. It je'n pyromid of granito, mado of jmmenso Yough blocks bonpod_upou cach othor, and rising to_tho hoight, ns it toomed to me, of 100 foof ; tho cop-atauo is o measive picet, carvod 1ike o pinnacle; the inscriptions aro tastoful and modest ; and tho wholo aifair is concoived in o reatonablo spirit. Tho grave of Jawos Monroo is quaint and unique, in the sxmo ‘comotary. 1p consists of s sarcophogus, in- clased by o conopy of _ornamontal iron, in tho stylo of & serics of Gothio windows. It looks too much liko n cago, porliaps, but tho land- scopo hes boow - mado subsorviont to tho tomb, so thab criticim Lesitatos, aud, after n whilo, commonds it lio'grava of tho cavalvy Goneral, Stiart, is yot without & mavl; and our nogro drivor informod us that o1y TYLER. waa buried fn tho vicinity of Monroo; but, a8 ho could not xaud, wolost bul-aa-liou tryiug to find Honry A, Wiso's haro, Prosidont Tylors son, it iu wnid, bas just rocoived ou oflico from Troidont Grunt, in tho Stuto of Florida, Ifo Yory much resoiublos La fathor, and hoth of thom bour s likoncs to tholato Geh, Floyd, Prosl- dout Buchnnaw's Socrotary. Joln ‘ylor was un- fortuuato in Lis poriud, like Androw Johusou. "Tho acrimonious Whig purty gave bim noithor & chunco nor o vindiention, - unloss wo ox- copt lomry A. Wiso's ook’ on tho subjeok, which hio cailod the “Sovon Dacados of tho Union,"—a book, by tho way, of which Tylor’s sonasjical quito doprecatiogly, Tho lust workof ol Nylor, of any aceount, wis the Donca Con- Yontion whichmat at_ Waahington in Tobrunrs, 1861, simultuncous with tho mooting of tho Confodorato Congross at Mouigomery. Wiko ways thot ylor’s part i tho Podoo Conventlon wiis tho most glorious of his lifo, *1loacted,” Byd Wiso, * tho part not_only of & fathor of hia Stato, bt of thowholo country.” But it would hinvo takon o much Inrgor man than 3r, Tylor 1o covor ll tho cggs—sorponts’ and cagles'— in thut nest. 1n that- Conveuilon, Riven t Virginin, ondeavorad to bo but iyl vas, obalinato s inoftlel Vidr's Inst dobata, Of_any account, s m?fl‘o’_m.-gmm Btato Convention of March, 1801, whoit lio wvas 71 yours old, ‘Tho mutinoors procipitatad dismnion upon this Convention by Binrehing upon larpory Forry and sooking to Solzo fho 'Gasport Novy-Yard. Jun, 18, 1873, “iylor gave up tho ghost, in Tuckmond City, airondy dospondont about tho auocoss of the ro- Yolt, and mumbling oulogics upon Heury Clsy. 10, 3%, ", Thuntor suld, in the Confedorato Coiie gross, that tho trophios of Tylor's Adminintration {ero tho uddition of Taxaa to tho Confoderacy, tho Ashburtan Treaty, aud tho overthirow of the Unitod Blaton Banis. M, Rives waid of him, that, dn youtk, ho was distiguishod for the suind blatidnows and_courtosy of maunor aud {rucoful clocntion which hio displayed {n tho Slosiug montha of s lifo : and appliod to Tylor {ho opithot * Foliz,” which ho oxplainod to menn & combination of welltompored altrlbutes to Droitinto fortuno. Torhaps it was not o loant Dilimitous fact of Mr. Sylevs carcor that Tlonry A, Wiao sould hinyo isumod o bo his blographior, With gl o litorary oxecutor, donth should Layo additionnl torrord, By turis, ho hind boon Lrosidont of tho Ropublio, wud 'the only ono who perisiied i tho counoi of thoso who mado it tho task of aiatosmanubipto do- stroy it. MAILROADS. Tho Ohosspenka & Oia Itoad {8 running but oo through trsin per diows to tho Oho Tiivor Dt Its tunnol at Richmond is woll advanced, an tho rond has boon survoyed o Ol Yorktown, noar the mouth of tho York River, What is quooror, amongst the mutations of timo and for- tuno, than that this old spot siiould ba revived aftor moro than a Luadrod” years' dosertion, and Docomo st Iist s modorn elty, daily halod by th nily hnflo ptonm-whintlo? It in bub 40 milon from Yorlc town' toOliorrysiono, on tho opposite sido of Chosapoako Bay, whonco thora will bo rallwny- commulontion up tho Poniunuln of tho Eastorn Blioro toall parts of tho const and tho Lnste e citfos. Tho tunnol wnder Ohureh ITIlI, at Richmond, ia ono of the most costly and el cato_ wndortakinga of tho sort, but i€ ia netly finlslied ; and noxt fall tho Chésnpenks & Oy Tailrond will bo opon to_d0op wator bolow Rich mond, u will bo upped. by o vond.from Phila- dolph diseot, anothor fiom Bollimora diveo ol o thivd from Washington, 3 1 found tho 4 it aiont 300 Atadents, and, 1ike o colt 1 alion students, and, liko the collogos of tho South gonorally, undor Ananelal dlncmfi'ugn- mont, 1 glonued from tto Professors tunk thoy rogarded don. Loo a6 having divided the collegt %o rovounos of Virginin, by golug oft £o Wasi wgton_Collogo, and giving it tho ficti- tiona sdvantago of his niamo. ~ Ono of tho Trotossors atOharlottasyilesald it wasnot logit- Imato, rogardod from o gcbolastio point of viow, for a colloga to build its hopo on & military rops ntation, Tho Univorslty s rathor moro atii- donts thai Loo collogo, but tho Stato hng mada an orzancous uso of agrioultural collogo lands by founding with thiom o soparato_concern, to tho oxtont of gving tho University tho bgnofit of the land_ rovennen, It bolng slready endowed with ‘about 800 acros of Jand, possonsing all ¢hio ccom- panimonts of an agromltural faculty. Somo Yotea aro atatod to havo boou cast in tho Loglsln- turo against giving tho Univorulty tho oustomary appropriation of 15,000, on thoground thnt thord waa somothing nristooratio in tho loarning thero. Tiio wholo Soutl ean aiford to kop in good con< Qition nol moro thn ono groat achook; but the ‘ambition of localitios hos covorod it, ko tho North, with emall-fry_faoultios of an scadomio grado, which accomplish liktlo moro than to ‘malke'all oducation boggarls, and givo moat and cofTeo to n fow sohogl-tonchors dignifiod with tho 1itlo of Profossor, At Chorlottosville, thera aro Duildings atid collections of a vory notabla do- seription, and tho wotlk of half contnry hns boan spoht upon tho Unlvomizy. 1to prosparity 1 to bo dosirad upon sll Lho gronnds of progross, ‘patriotism, and reminisconcs. TEER AT MONTIGELLO, It hos now Deon two yoars ainco I visited onticollo, wnd, having somo sequaintances who wore suxions to make an_oxoursion, wo sworo drivon to tho top of tho mountain, 'over roads which, in any-othor Stato of the Union, would be doomed impasssblo; park of the wny 0y was notually torraced ovor racks, Which tho Vihicols neconded sometimes & foot bigh vorti cally. Amongst tho plonunntrics of tho. tri woro plunging Into a crook nlmost desp onough to lift tho earringo up and flont, it _Jofforson’s tomb wa In tho samo dlsfigured conditlon which 1 havo fully doscribed in_provions lotters; and tho old mansion at tho top of the hill wos in ovon worao ropair, tho roof ‘rotten and falling of, old it etuokt in tho windows, farm-gent over tho floor, ond tho smoll * of must, end mold, and raln, and dosortion ovor a1l that groat abodo, whors onco busts,statuotten, puintings, vagos, s, books, vieltors, o ousohold animais mads hospitality baro~ nial and ominenco in rotirement still splondid. Tho littlo slairways sek In tho wlls, and hardly biggor than a chimnoy; the gront old clook, stopped, ovor tho portal, with ita welghts of cant non-balls covorod with rust ; tho sccrot passnga- oy filed up with oasth, snd tho stablos dop- iug to piecos ; tho ompty brackots around tho Tooms, Linting of formor coupants; tho bust of Joforson Limself in plastor, discolored aud look- ing hideous ; tho frovsy mulatto servant going through tho' old rooms, reminding us that “ o quartor " was tho charge to Boo the place; tho gront whoolod chnir in whic tho vencrablo Presi- Jont ured to bo puitod slong, now oveupied by & cat with o litlor; oud tho Lull-vay whoro ha ap- pesrod on a bnlcony and talked with tio st~ lquts, full of pacled wainscoting nud _strips of moldored © wall-papor; what yuinl— what o tomb of rominisconco! If tho studonts ot tho Univorsity had tho spirit of Northern boys, thoy would march_nomo Sat- urday, with picks and spades, up the side of Blonticello, and do s littlo wholosomo gardening around Joftorsow's gimvo. ALulf-n-duy's orgas- ized Inbor would taks from {liat towb patt of its deslation, and maka it apponr that, if rovoronco for Jofforsou, waro dead, toll-respoct nmong tho Tiving might 84ll havo somo vostigos loft. Stoticsllo ns beon adjudged tio projerty of tho hoira of Capt. Lovy, after much litigation, Tlio Librarian of tho Univorsity, and many othor 0oplo of thie ragion, remombar booing Joiforaon, Tadlson, Monroo, and Lafayotto, all togothor prowonading i tho Unlversity grotinds. TIE GOVERNOR O THE BITUATIO T cqllod on Gov. Walkor, at tho Lreontive Ohamber, and_board him felato tho political robabilitios of the Stato in the noxt lootion. o thought that all:tho difliculties of the Con- servative porty wonld bo gottled boforo noxt autumn, and o tickot ho mado which would cary tho Stalo by 20,000 majority, o eaid that thoro wworo hnlf-a-dozen candidatcs, amougst thom tho docond son of Gen, Leo, who'bnd & good show to got tho_nominaiion. ' Tho Ropublicsn candi- dato would probably bo Thomas Huglios, who Tiad boen an otlicer Iu tho Confoderato nrmy, and pubtishor of & nowspaper ot Potorsburg, and ho Svns now United Statos Attornoy, This man is guid to have considorablo porsons! capacity. Ho Tought o duel, at tho closo of the war, with Honry Crumoros, prosout aditos of o Nalmond Inquiver, Gov. Walker oxpressod tho boliof that the nomlnation of Mr, Gracloy had hnd tho bupplost olloo in Virginia, wilying ol tio oloments again upon tho busis of national al- Togianco. I found the portrait of Dr. Greeloy in tho State Library. Thoro would scem to bo o considerablo num- bor of negrocs pround the Stato-flouse who had recelved oflico from tho Gonsorvativo party, and auo of theso, in particular, was very revorent to Tho portrait of Gou, Loo.' Jolf Davis' Louso s now b school, and. {6 is immodistely confrouted Ly o bran-uew nogro school. Tho first free Lridgo i about comploto betwoon Richmond and Manchestor; thero aro Btroot-cars in tho oity ; and the hotol-accommodations havo vory much improved. Pooplo generally aro lamonting that thoir solitary summor-rosort, tho White Sulphur Springs, is undor_such incfliciont mavagement. Tho propriotors thero aro said to_nay thoir wait- ors fiom ¥4 to 12 o month, snd the conyequonco i poculation, o strilko overy sonsou, and tho worst kind of attondance. AN THE PINANCIAL CONDITION of Virglnia mority moro than_ passing_ notlo. TTho dobt of tho Stato is tho largst In tho Union. Tn tho pust soven yoors, abont sovonty railroads hiavo bisen churtered by tho Gonoral Asscmbly, aud thirty rond companios, oight navigation companies, aud ton oxprosa hud transporiniion compauics. Cliartors hovo boen_amended and ro-onactod, bpsides, to tho numbor of uinoty- nino for ruilways, and soventy for othor com- anios. Novortliolous, tho turnpilte-ronds of tho gmtc aro in & very nusatisfactory condition, and tho Virginia tour(st must ofton 1080 pationce, and sometinio suffor damago, he Richmond, Frod- orickeburg & Totomao Railrosd, 75 miloh long, With branch of 10 milos to Quantico, shows n net rovenuo of 60,000, und cost £3,500,000. "o Orange, Alosaudsia & Manassos Rallsond hus about 83,000,000 of stock, and has purchasod tho Btato's intorost ; ita dobt 1s about $5,600,000, it cost 26,260,000 and it s about 470 milo long, snd controllod by_tho: Daltimora & Ohio Ttoad. - Tho Beabonrd & Roanake Rullroad has £400,000 dobt, cost upwards of &2,000,600, and fu 80 milos long. The Lynchburg & Denvillo Road, incomplote, will G 65 milos long, and i an oxtonsion of tho Orango & Manaswad, ‘Tho Moxanaria_ & Frodorlckeburg Nailway, built by o Pounsylvauis Compnug, 8 o bo 50 milos long, pud to cost, at last Toport, about £2,2060,000; thul dobt of 4,000,000, This Company, and tha othor parts of Tinos controllod Dy the Vonusylvania Rond in Virginia, aro en= gaged i o contost with & nadive coulition mads ot ho O1d By Lino, tho Telwmond & Lrod- eticksburg, and the Sonboard & Roanoko Ronds, 31, Scott ot & chartor last yoar for an indopond- ent 1o from ichmond to Washington but, olthior supposiug that lio could casily gobblo up {ho Frodericksbusg Rond, or inconsed ul uome- tiiiug in tho chartor, ho abandoncd It~ Tho Ponusylvanin Rnilrond {4 now ombartassed In ita Bouthorn conneations by this disagraemout, and an rin but ouo daily train through ; whilo, in North Caroling, it hao beon rostrained from changing tho grgo of rail, which alona will par- mult 1t} t3aina £ pass on o Atlanta, Tho Atlautio, Missesippi & Ohio Rond, of wisiolh Gen, Williant Maliono is Providont, has nearly $7,000,000 ospi- tal stook, and $15,000,000 of funided debt; it Tina cost honrly 816,000,000, and s nbaut 495 miles long, “Ila Riebmond & Danyillo Rail- Toud ins £4,000,000 of capital stock, £3,260,000 of dobt, nd 140 miles of rnil. Lo uokatdo & Jumes Htiver Railrond I8 o small affulr, {n tho wounlaln-reglon of Virgluia, which ling no dobt, "o Rlelmoiid Railway Company 14 tho stroot- mflrond of Molmond, B¢ milon lowg, owing 100,000, Sevouteon milau of the rond botwoon Trodosickeburs and Claslottesvilla woro Luile in 1870, whon tho road mtoppad; but It fs mnow golng on, with somo chanco of completion. Mho Norfolk & Groat Westorn Ruad hian boon aurvoyed, and 89,000,000 Lins beon subsorfliod to its capltal stock ; but thoro ju no road. _T'wo ruilroada uro_bolng buile 1p tho Valley of Visgiuls, The Jamos Rivar & Wanawha Cunal hos toarly $13,000,000 of stook, of whichi moro than Talt 1a lield by tho Blatd and debte smotuting to 81,260,0005 it costs wosrly 811,000,000, and i 1U8'milou long, with bradhas 2 wiles foug ; ity roselpts nro upwards of 8400,000 & voor, ‘Lo Washlugton & Obio Railvoad Ly 890,000 stook, and 160,000 dobt, and is 44 wiloa loug, This road hag partly fallon into tho Lands of Oskes Amop, {3'Oomb, snd othiors, and tho Btate's intorost’ hss ‘boon pir-"| ehnsod, with tho intont of pushing it"out to the Valloy’ of Virginin_and to tho conl-rogions of tho Potomao. Aprnfiml of Amos, Alley, oto., you may notioo that Judge Undorwood, who pro widod nt tho trial of Jelforson Davia whon Mr. Greoloy gavo ball, hasrocontly beon pronounced, by o full Bench of Jndges, to have noted soan- dnlonsly and unlswfully in_condoming cortaln proporty to conflécation, and thon buying tho samo in himaolf, This is & triok oharged upon othior Judgos thau *Underwood, and 1 would appoar that villniuy. I pubilo offloo Lna got #o far a5 to hmplicato sovoral United States Judgos 1t tho Qaizols, who o trom tip- Doncs o o ouctions to take advantago of thelr own de- clelona, Gara. THE SUPREME COURT OF ILLINOIS. And Its Chief Justice. Lotter from Judge Thornton on the i Vincant oaso, and prior to the sdoption of tho prosent Constitution, awarded an {njunction to roatraln tho Ohicago & Alton Railway Compae ny from tho dolivory of grain {0 any othor Waro- house than tho ono'to which the grain hud beon Sk 1670, witi* . nssociton: goin in 1870, with'his ssnoclates tpon tho Bonob, ho dirooted (o aummacy wilt. oF mane damus'to compel tho Chloago & Norbhwostorn Railway Compairy to'deliver grain to & particu- Inr elovator, to whial it ind rofased to dolivor it, and deolarod that tho Oompany aould no scloct tho oonsignce fo tho' nfury of tho shipper, i udgo Lawrenca's sympathies are with the Right. - Hin sound judgment hias. boon [mproved by oxporionco, Hij exionsiv logal information, whon ho oamo upon tho Benob, hiss boon largoly inoronsod by constant study and lsborioug fo- sonrch, Hia desiro {s to protoot all pon and all corron ey e b Tt Lormiog 8 on ow ho s % M;’ “&hml‘xx: 2 w lionest, onps- or tho good of ‘thio Biato, tho honor of tha jud.lclhryhiml the mocurlty of & just adminiatra- tion of tho law, Ttrust tlint the voters of the it Diseriot wil roturn him to o, plnco which 88 50 lon| lorned. RNTO! sn:umx.y.s, May U4, m%?mu“ i Ls Approaching Judicial Election. To the Editor of The Chicto Tribunes Sin: . Iaving rosigned tho position of Judgo of tho Bupromo Court, to take offoat on tho 818t ,of May, my connootion with tho Conrt has vir- ‘tually torminatod. It csnnot thoratora’ b lme propor, in view of tho oxcitomont. now oxlating in tho Tifth Judiolal District, to submit & fow thoughts and facts, not in dofonso of tho Courk, but ono of its honorod mombers, Ihave now o moro intorest in tho comploxlon of tho Court than any othor privato cltizon who doslres tho Inw to bo adminlstorad honostly, Intolligently, und impartislly ; and, reslizing, as T do, thoim- portanco of on upright and capablo judictary to tho woll-bolng of tha Stato; tho seourlty of por- "onnl rights, and tho prosorsation of Uborty, rogulatod by law, I caunot romain sllont whilo ono whose foclings and tioughts have beon &o ofton and go fully spread out boforo mo i ro- viled, and his judiola} charaotor unjustly assailed, Boon aftor X had aovored my connaction with tho Court, and kuowing thot Judgo Lawrongo waa o candidato for zo-olection, I wroto to him, offoring to publlsh over my own signaturo o communication in belieif of his claims to publio favor, whicl, at losst, might havo & tondonoy to stay tho projudico gathoring againet him, snd oxhibit truly his capncity and faithfalness in tho porformanco of bis judicial dutios. His roply- was charaotoriatio of the man. Ho wroto that 1t might bo inforrod that o had sought o dofense ot my hands, and Lo would rathor be dofoated thon incur tho libility to euch o _chargo. With thia roply I wna not satialod ; and 1 now deom it a duty to s good men and ‘to tho pooplo who may have beon misled by falso clamor, to mnko public somo facts which could only bo known to thoso Wwho hed oon in oloso confarenca with Judgo Lawrenco. Buch o courso may bo unusual, but I tako it on my own rosponeibility and ot ‘my own volition, Tarllous timos and faleo charges roquiro unusual romodios and o knowladgo of tho truth, T tho ropoated conforencos of tho Court, for tho post throo yoars, in tho investigations of causes Invalsing idiorest of vast magaitude, and in tho catablishment of principlos affacting £holifo and liborty of tho citizen, our discusslons haye boon long and onrnest, and somotimes ox- citing. Thon tho collision’ of mind with mind dovoloped mantal powor, Tho symipathios woro ofton uroused ; abhorrouce for Vico, meanuegs, and oppression often manifostod ; o knowledgs of law digplnyed ; nnd tho wholo atrongth of thio mau oxlibited. No cireumstanco could bo bottor adupled to unfold the ontiro character, With suchi opportunitios, and Loviog beon mombora aliost of ono houschold for thirae yoars, I havo Joarnod to linow Judgo Luwronco and approclato hiu fitneas for the position whioh ho bnt 0 ably fillod. o conltd not Lisvo disguisod Limsol? it Do would. My conclusiong azo that ho is o pure end upright ma, and scoras Dasouoss and ds- Donor, ¥o'is a 5ipo scliolar, s thorough and dis- oriminating lawyor, sud posucasos gront powara of analysis, His sympothios ara with the dis- trossed, and lis indignation is always against-| unjust’ monopoly and ovory attompt of the strong to oppross tho woek, Ho is thoroughly imbucd with an uttor dotostution of'all combiua- tious to orush ono class for tho clovation of an- othor. No man holds with moro ovon hand tho scalos of justico, and ndminiators the law s {¢ Ia wiitton moro conscioutiously for tho good of the whola pooplo. Porsons opposed to his re-olection urgo that bois the * railrond condidsto,” sud is in the intorost of railway corporations. A woro ground- losu slandor was novor uttored, 1 kuow of what Ispoak. Whilo I kuow that he'would 0 a Judgo ot thopo corporations i all thlr ust righis, 0 may bo rogardad s 4 pioncor In opposition to_{hoir oxtostions and thoir unwiso ond ime politic conbinations. » ‘Whion tho coso ngainst tho Chicago & Alton Tailroad Company was bafore tho Courd, duriny its recont seesion ot Springfiold, bo Buggeste that 1t sHould bo impediatoly conblderod aud'an opinion writton, g0 that, if tho docision was ad- yorso to the validity of tho law involyad, tho Logislature, thon in sossion, might apply tho rom- ‘edy, and mako the necostary nmendmant, ' Ho waw' carnest in Lis suggostion, which was no- uioscod in by all tho mombors of the Gourt "Htyo luy waa hold to bo invalid by the unanimous Gourt, as i probibited any discrimination under any clveumatances, and. diik not give th railiay companies tha vight of explanation,—u right se- curcd to_ovory offondor sgainst tho lnw,—and Decauso the Constitution only prohibitod wunjust discriminations, Dut, in tho partioular caso pro- Bontod, the decision was, fu_offect, againat tha Tailyay company, It was held that tho partiou- lor diserimination oharged to havo boon prac- tiod ngunet Loxington, whoro thero wes mo compotition, was unjust ; and, in ‘dolivering tho opinion of (ko Coust, Judgd Lawrence, i his desiro to sottlo the voxod quostion and ‘to af- Zord somo roliof from abuse, mado suggestions wwhich would euablo tho logislaiivo dopariment to onngt n law in accordanco with ¢ho Constitu~ tion, It ia o fact woll known that this Logisla- turo ncted upon tho suggostious, and, boforo ita adjournmout, did pass & law intondod to be in conformity to tho opinion of tho Court. Tlio former opiuions of Julgo Luwronco, o 1 organ of o Court alse rofatq tho slnudor 1 ahiall rofor to only Lwo opinions, in whioh the Power aud growth of monopoly ato denounced : Tu tho caso of Viuoent va, Tho Obleago & Alton Nailrond Company 49 ik, 88, it was kiold that 1yi0 Railway Company could not be allowed to weo ity vast powors, ns.a corporation, With 1 viow to croate o practical monopoly for & favorad houso, and inanguralo n policy whioh if” eatablistiod, wouwd plico tho farmers of tho Stato undor griovous triibuto; sud tho following languageis usod by Judgo Lawronco: " A railvay company, although pormiitod. to. eatablish its Tates of compousation, must do 80 without in- Jurious disoriminations s to Individuals, It et doal fairly by the public, and this {6 would ot bo dolngg It allowod #0 to dlacriminato us to bl up s sinoss of ona porson o tho njury of another in the samo trade,"” * oro ia an oxpross declaration fhnt thoso cor- ernl(am cannot bo permitted so to diseriminate b tho chargon s {0 fovor omo to tho injury of anothor. ‘Tho onforcoment of such & principly would uot ba vory favorablo to tho growth of ‘mouopalios | Tu tho caso of tho Obleago & Northwoatorn Railzond Company va. Tho Posple, 66 Iiinols, 865 870, Judgo Lawronco, in the opinton, enid ; * But Tuiliway _companios may mow Do Togarded as tdor’s iglor obligation, it that wors posslbl, than that suposod by thocommon Inw, to dischargd thoir duties to tho’ publio, a8 common carriers fairly and impactially, %o Stato hns endowog thew with somothing of ita own sovereigaty in giving thom tho right of ominont domain, * By ¥ius of this powar they tako to landa of tho oltizon sgaingt Lia will and can, if moed Do, domolish his houso. 1s I supposad thoso great powors woro grantod moraly for the privato gain of tho corporttom? On o sontrary, wo al know tho compoulos wora croated for tho publio ood. If, thon, & ommon corrlor, at common jaw, onmo undos obligatlona to tho publia from whith ho aould ot discliargo himaolf, at his own volition, still losw aliould s railway Conipauy bo pormitiod to douo, whon if waa crostod for tho publio bonofit, and hns rocelved from the publio such oxtraordiuary priyilo Tho_princlplo s disiliiotly announcod tha railay campanles woro oroaiod for tho publio good, “&ud ondowad with portion of tho soverolguty of tho Btato, v that thoy aro undor obligations and owo dutloy to tho publio which thoy must disoinrge for tho good of tho publio, T this onso & contravt betweon tha railway compauy aud_ cortaln olovators ju tho Oity of Chicago, not to dollver grain In bulk to auy of tho olovators in tho olty, not_embraced_in tho contract, Wea pronounced absolutoly void, a8 ngaiust publio polioy. 1t cannot bs supporod that a man who liss at nonncod auch opinlons would nclino to sanc- Lettor trom the Flon, Jomes We Doe A . yidwon. From the Galesburg Republio, B.Bmmb;rd, P “lmmuau-m. Mey 18, 1673, ins Yours, In rogard to tho Bapromo Judga- ship in ths dlatrict, has st boon vemsivod oy roply T have to any it I docply ragrot thosliape thio canyase hing assumod, 1 ontartain o high Togard for Mr. -Cralg a3 o gontlomon And-a ‘Drothor lawyor~Indaed, it Is my rogard for him bich provents mo from silding bim o cordi support, ~ But T must sny that 1 my Jadgmons forr men have ovor braved tho daugora whidl 80om to mo to atapd in tho road of Mr. Cralg, Dofoat to bim ia-ruinous, whilo suce coss must unavoldably prove fatal ‘o hia fu- ture. It cloctod,-snd a case should come up—v and, of course, thoy suroly will—hotwoot: tho formors and tho railrond _companies, thon Tot Lim althaugh the law may bo couluivo f tavor of the rallroad company, daro-docido In. favor of tho rallrond, snd o thousand tonguos will curge him, 12 ho decides in favor of tlio farmors, rail- rond mon will simply eay, * Woll, ho was clocted to do that thing, and, of dourse, o daro not di- olioy his mastors,” This, to my mind, fa o vory uneasy position for any poraon to asanmo volun. tarily, nd_to an_houorablo gantloman, and Judge se M. Cral would Qotieo to bo'trom Lis' natural instinots, it scoma to mo ‘that it would bo humiliating, to aay nothing of tho posi- tion voluntarily assumod by Mr. Craig bofotn ha was nominatod, not only towards Judgo Law- ronce, but towatds bis frionds, in ssiing thom, in_porson to gupport him for Circuit Judgo, . ' at why, Lask, should we ropudints Judga Liawronco 7 Wiiat has hodone? Who doubla hia ability? Who doubts hiu intogrity? Na man, {n my judgmont, can bring ogaint hi offiofal_chnradter ona just canse of coteuro, If thoy cannot, thon it would ba unjust to diacard him, thoreby casting on him oven implied con- suro, 5 1, %or one, having known Jadgo Lawrence for moto than ‘tonty yoars, and having toelod bia intogrity and nbilty, cesaot withhold from bim my cordial suppor. am, sl, your obodiont sorvant, V. Davisos. g T A SAMPLE VIENNA COMMISSIONER, Tho Carcer of Leopold J. Mocck from ©Oswego to Vienna, From the Ouzepo (. ¥.) Gazette, Ton yours ago tho presont spring, Prof. Leo- pold Borok, who had boon oting as principal of the Oawogo Acsdemy for sbont two yours pro- vious, loft this villago suddenly in company with n’young lady who was attonding tho schook, Hia wifo, whom bo hod shamefully abusod, hnd a ahort timo bofore roturnod to Europo. Boodk wag doeply In debt; and, aftor his dopartira, Lis ofs foots, which wera of considorablo value, woro sold undok tho hammor to satisfy tho domnnda of Dbis numerous crodifors, We hesr next of Lim noting 9 profossor of gpplied mathoma- tiea and civil ongineor in the-University of Vir- ‘giois, 8¢ CQharlattesville. In that Stato. Among 0 Unitod Btatos Commissionrs at Vienna (wha Tinve boon 80 ovorely rraiguod) th ssmo Prof, Boncl furna up sa ond of the aclontiflo staf, If oll acoounts, or oven hulf, ara correot, thia pare &on ls certainly no fit ropresontativo of the United States at tho o?fi ition, According ta the World Leopold J. Bawk firet trnod up in Now York fome time botweon 1855 snd 1800, ‘whon ko excited considorablo syme pathy - by claiming o . bo on Huns gatln, rotugeo ond porsomal frignd and ntimato of Kossuth. ITo was & man of propos- sensing appearance and apparontly of mare than ordinary oulturo, and managod to’ support him- solf for o considerablo length of timo on the do- nations of sympathizors with the Hungarian cnugo and by toaching tho cioncos, porticularly ‘mathomatics and chomistry. Ho bortawed, too, ‘muny sums of monoy from thoge wha were will: ing £o lond to him, but nothing doflnito is known bout im till 1865, whon Lo snccooded iy ob- taining tho position of ** coach " to & numbor of tho students of Columbis Collogo who waro bo- Lindband in thelr mothomatics, and ono of tha collogo-rocitation rooms was allowed to him for thio purposo. : On tha strongth of this queet councetion wih the instifution ho borrowed monoy right and loft from tho professors of the collogo, and finally capped tho ollmas to thoir llst of favors by ob- toining tho siguntures of sovoral of tho moro in- fluentiul cortifying to his protensions to a pro- fessorship in tho Univorsity of Virginia, Ho do- partod with his crodont{sls and obtaned tha post, and whilo the good, casy, loarned men to whotn Lo owod Lig stceoss woro quiotly expact- ing romittances of the monoy lio owed thom out of s izt quartor's selary, thoy voroastoundod, oue’ aud- all, by zocolving’ notico of bis having gono into voluntary bankruptey. Somo of tho moiloy ho had borrowed was_ab- tained a6 & sort of anticipation of tho paymont of Lig services to *canchi ;" but bofars Lo de- campod Le cerafullycollocted all duo bim on that score, o that Lis croditors had no rodross thoro, Up to the very moment ofshis doparturo Lo is sa1d to Lnvo lovied tributo from all with whom o camo'in contact, and a8 #oon 28 tho means of - ayment were w hfa roach ho filad his patition T2 Dankruptoy. s crodivors hoard hothing Surthier from him ill tho announcoment of hia being about to raefvo o sppolutmont of Com- ‘migslouer to Vionna—of which ho ia now tho in- oumbont—wag mado, What influenco ho “had with br. Van Buren s not known, but this much in known, that Mr.Van Buron mado tho appoint- ‘mont with complofe acquaintance with his caroor in Now York. Acopy of Batis bukrapt cortfinto was ovon sout to Yan Buren, but it weighod not o straw with tho_discriminating croatar of Com- missionors. Baook—s political rofugoo and Tobol against tho Austrisn Govornmont—was sont to the Austrian cspital gs an ncoroditad roprosontativo of tho Unitod Btatos. Doeck'a Lankruptoy petition is fled in tho ofico of tho United Btates Commissionor in_Diukruptoy, in which dobta to tho amount of 87,600 aro_clironi- clad, the poriod of Indoblodnoas' ranging from Defaro 1800 to tho vory momont of muking the potition, which boara tho dato of Aug. 0, 1867, Of thin total amount, 82,500 conalsts of loana from frionds, and tho rost, with tho oxception of? £600 aud somo smallor sums due for sciontifio applisnces, books, &o., I8 owing to " Lutcher, bakor, and'candloatiok'maker” for gonoral ox: Pponsos of living, ) o FP S Would Do Xt Agnin, Stookton, Oal., has hod o langing at which and near which hore wero somo unusual sconos: Jolun 1. Murphy was to bo huug for shooting sud killing”his_brothor-in-law, Patrick Mursay, in 1808, Ho shot tho man, a8 ho ssid, for-abusing hin wifo, s, Murray was Murphya alstor. “lho wornan was an fuvalld, aud has einco diod, and tho gallows hao finldlied tho family, Tho exooution was to bo in privato In tho fall-yard, thoro boing about 100 invitod Wilnessos, Aw tho hour drow honr 1t was found that noarly all tho town of Stockion 1iad ascondod to the roofs of tho meighboring housos, whore a full viow of tho jail-yard an gallows conld be obtained. Undor suoh circum- stances the oxocution would havo boon virtual; publio, aud thorefore not according to law. It Was neceasary to dislodgo tho speatators to carry out tho law, aud as it would havo talon too long to shoot thom off thoir porclies, tho firo-onginor; of tho city was brouglt to boar' npon_thom, an: thioy wors squirted sway long cnough for’ the drop to fall. The law waa thus tochnically ful- fllad In rospoot to privato executiona, “tho murder ‘was Murphy's only offonso in lifo that ever bocamo publio, and ho was noted 85 & Just man in all bis othor deallngs with wlen, In broporty mattoru—sud ho hed somo roporty and moncy—ho was oxemplary and rogular, 110 Wau & ponoeablo citizn, ‘and nevor had any dis: turbaces. Ou tho soaffold ho said that ho isd dono nothing -that ho folt bad about, Mo bad killod o man, but had not_committed a murdor, and wonld do tho snmo thing sgain nndor like ofroumatancos, o had acted ouly n dafaiiso’of his sistor, a3 any man woydl d0. 80 hodied, and ho exhibited” no omotivm. whlib\‘fl.t llv the 1s4t scono. tion any violation of duty on tho part of theso corporations, Buch & conclusion s not roll(bln in yogard to Judgo Lawrenco, who in 1808, in A son of Gen, D, I, IIill, of tho Confodorate Army, bisa boen sppolutod tofeat Point, Te & v