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

b THE CHICAGO DAILY TRIBUNLE: WE e e e e e A et A e e e e e e e e et e N SDAY) AUGUST 20, 1874 THE COURTS. Tho Orease Manufactuvers’ War---Au- syer of Swift & Mullmann. Two Tmportant @rnin Trausport Suits for Loss by Delay and De- cliue in Markols. Active Divorce Business in tho Superior Court. Ejectmonts---Foroclosure---For Parti- tion, Etc.---Attachment.-- Injunction---Courts in Brief. In Frazer Tbrlcator Company v. Goorgo B. Sywift aud Pano Mullmenn, Tho following s synopsis of nuswor of Swift & Mullmann : ‘Thiey ndmlt that defendant owna o patent, and show by patout and rpecifications oftuclied to suswor, that ho patont plays 1o part in tho manufacturo of the saxle-greans or of tho Lubricator ; that tho patont has ot been used by the phintiis in the manufacturo of tho nxle-greanoor Lubricator for soveral years ; that il tho patent calla for {a an improventent fn the pro- Cess of distilling olla from resin, and tht oils had been Qitilled from resiu In tho United Siates for ton years Dofore this pateut was inken out, They douy that thicro wan ovor any Acorct procoss sold by Frazer or by Swift, oF any of tho other partics who have been fu- terested fn tho patent, and thoy stato that tho convoy- nuco by Frazor to Packnrd of o one-fourth intercat Wi Dy & awritten Dl of sslo, in which no Inention, 14 made of tha convoyance of a Hecrot Process,” nn stated in fhoir L, They further deny Tt Bwiet, in bis saloto Packard, rold o prefonded to Sell oty “eeerot procoss,” bui tiat Packard, within a Tow woeka after he bouglit an iuterest in tho patent and bisiness, endeavored to force Bwift to sell out his Intevest fn thio businoss, which Switt had built up fron a comparntively small’ Lusinioss ot Galona, Tit, f0 o Duisiness of £30,000 por yoar, in less than fwo years, clearing o not profit in oho year of $13,000; that tho talo to Packard by Swift wan a verbal ‘ong, and ac- currod at tho oMce of tho Company tho doy Bwift re- turned from a lang bushicss trp, €oF tho frm, Uirongh tho West. ‘Tho following fs tho intorviow, 5a dotailed 1u the nuswer, 1t shich tho salo vecusred Thfs defondant thon went info tho offico whore Buporlor Court for divores fram lwr husband, Goorgo 1L, on tho girnum'l that ho hiag donortod, and left hor unprovided for. J, I', Sawyor potitioned for divorco from Julin L., his wifo. Tho pnlmm dlsnppoared at an early hotr, this boing & Iiphtning enso, to bo ruwhod throtigh without publicity, tho dofondant ontor- ing hior appenrance to the suit, in other words, her consent., lolon Louisa Wilkernon potitionad for diverca from Walter, hor buaband, nlloging that sho hina struggled on againat n lifo of Lrntal cruolty aud personal 1ll-trentmont siuco their marringe,—in Boptembor, 1870,—~until hor misery culminatod, on the 12th inst, by his furiously and savagoly bontlu(: hor, and thion running [wny. Daniol Hunt potitionad for divorco from his wifo Elizabeth, on tho ground of dosortion. 'I'ho following decroos of divorce woro yoater- day ordored to {sene, by Judge Gary: In the mattor of tho potitionors White, Gulona, Bluo, Lorram, Claire, and Thowpnon. IN EJEQTMENT. Jacob I, Smith_yestordny brought suit in ojoctment, in the United States Oirenit Court agaivst Frank Lawlor; and, in tho samo Court, Edyard 0. and_ Harmon T. Northolom brought Wit in ojoctmont againet Olinton Brigga and ‘Thomas Iurmans. Qoorgo M. Ilill yostorday commonced suit in n{uctmnnz from Bub-Lot 8 of Asscssora’ Bubdi- islon of Tiots 10, 20, aud 21, in the Origlual Town of Oileago, ogninst Polor Bolko, Guatav Sohmldt, Fred, Voltz, and Edward Holdon algo, from Sub-Lots 4 and b, in Assessors' Sub- dividion of Block 68 of tho Original Town of Ohi- engo. Horah E. Dirkonbile yestorday commoenced a suit in ojoctmont in tho Oircult Court from Lot 6 of Christian Birkonbile's Bubdivision of Block 4[1,1 Hohool Section Addition, agajust John Far- rlck, FOREQLOSURE, ‘W. I Tallmadgo and Llins Greenobaum yos- torday flad potition far foreclosuts of martgage ogninat Litlon Byrns, Kate F. Ryan, John I Ityan, John Butler, Jamoa IIauover, Cathorino Farrell, apd Julin' Butlor, v tho Citeuit Court, said mortgagoe seouring o noto of $6,000 given by Ellon and Michaol Byrus, and unpaid, the amonnt duo \m&ngLsi.\‘-'JB. The property mort- fngm\ consists of Lots 8 and 9, of the subdivi fon of Lots 78, 80, aud 82, in Buttorflold's Addi- tion to Chicngo, and tho south hnlf of Bub-Lot 2, of Lots 6, 7, 8, 9, 10, and 11, in Block 33, of Wol- cott's Additlon to Clicago. TO PANTITION, DIVIDE, AND WIND UP, Sarah A, Hynes yestorday potitioned the Cir- cuit Court for partition of {ho estato of hor de- censed fathor, Austin Nynos, and for dowor of tho dofondant, hor mothor, Mary, and for an pald Packard was, and, afier somo couver- | aecounting and winding up of tlio ostato, con- e bout this defendant’s trip, sail FPaok- o ) o it e e s Sisting of Ind (n Blook 5, of Woleott's Addition f1ito the atore-room of suid firm, and suld to this de- Fendant—* You've got to sell out to 1o, 've got to put 11 monoy to oxtend tho businoss, aud you haven't got oy, aud T can't carry you, T have kiown you and your Tattior and family for years, and our relatlons hayo al. Soys been plessant, ¢ but friendship is {riondsbip aud ‘business is business,’ " "Tunt tho defendant objected to Packsrd’s tour, and assumption in trying to forca Swift out of said busi- nen,but Packard insistod on the matter, and satd, ¢ 1l give yoit §20,000 for your oue-fourth intorost in tho Busitioss ;* and the dofendant accoptod it, and the sala wean constimmated ; and that not a word wns said by clther party abont'the salo of any #ocrot procoss, or ahout Swift not golng into the businoss agaln, The wnwwer further oxpressly demles that Swift over wade uso of the language mputed to him in the bill about ks contempt of “moral rights,” or that ho over mado uso of words of shuflar iinport, it insists, &4 obsolntely and unoquivo- eally falre, and this_dofoudant does not beliovo that Job A, Packned, who sweara {0 said bill of comiplsint, can find auy person of common voracity to_swear thiut Hoovor Leard this defondant muke uso of any ouch I guage, or lungusge of 1ko import, A&to tho charge 1ha thio bill {hat Mullmunn’s emploginient by the Arus of 8. Frazer & Co,, Frazer, Switt & Co,, or tho Frazer Lubricator Company, was over coufidential in s charneter, or thatlia was bound to keop tho pro- cons of manufucturiug the axle-grease, or lbricator Foeret. TU is atated thaton tho coutrary Mullmuun Hiiew all about the process of manufncturing thogreano many years before Packwrd, tho Frazer Lubricator Cownpaby, or any ono 'now conucclod with it, ever had onytbivg fo do wilh 1o grease bnsiness ; that Mullmann Limeolf fnvented i process novw In ko by the Lubriestor oty fu tho Muuufacturs of its grouse, und hus slco duvised battor process, in use by (o defundants, in the mabu. facturo of the Tmperinl Axle-Greaoe, and Swifl'a Tullow Compound. As to tho chargo {imt Bwift induced Mullinann o leave tho servico of tho Frazer Tubricator Company, it is stated hat ~ Mull- munn Jeft their orvico boeausa Lo had n qua Tel with tho_ foreman of tho Company; that lio ad not secn Swift for eight monthy beforo ho loft ‘ad did not sea him for thrce mouths thoreatter ; and furthior, thst the stutement in snid bill of complaiut that (i dufendant ws induced by said Swift to Irave 1ho servico af said complainant s absolutely and wilt Tully false, to tho personul kowledge of kuld Juhm A, Tickurd, who awears to wald bill of complaint, A8 t0 [ue payment of $20,000 by Packnrd o Bwitt, it 15 stated that for one nota of $7,500, Swift hud to pay, $50 to ot it discounted after it Wwas past due, Packard Jefuslig to pay it when duo, ntating that NWo_nceded the ooy | unlncss, ¢ tht It Was not a 3-o'clock Hote, Ay, payablo at tho drop of lit,” and (o dot payment for tho Inst noto of $7,500, after {he note had kono to protest in the bonk, bis attorneys had to threaten proceedings i bankrupiey to gob it puld, 1t 13 alko atated in tho answer that the axlc-groaso of the Lubricator Compuny, beforo defendanta wout into the manufacture of xli-grease, was practically a nionopo- 1y throughout Tlinols and the Northwest; and_that thio complaipant by means of 3t was enahlcd to oxtort Bigh prices for tho groase, when tho urifcles used in'ita mpunfacturo were very cheap in tho market, aud that by tho injuuction issuud in the case, tho de- Sendant's business hoy been entirely susponded at tho Jnost importaut epson of the year, by meana of which iho complaiuant hopes, duriug the adjournmout of the Conrt for the sumnicr vacation (o rotzin its mon- opoly, 1t is furiher atated in the answer that sinco tho fijunction was obtalned restreiniug the defou~ dants from mannfacturing, scling or advertising tho “Imperinl Axlo Greaso” tho complainaut o dropped thie wane of the *I'razer’s Patent Axle Greae,” ind Jia been (rying to Imitate the defendant’s mahufac~ tures by atyliug ity own greaso ths * Nonparell Axlo Groase,” Tho answer ig siworn Lo by both Swift and Mull- maun, and bina atlached to it numerous oxhibits, and nlso the aflidavits of Samucl Frazor and alio Otis 8. Fayor, former Vieo-Prosident of the Frazor Lubricator Compuny, corroborating the statements in tho auswer, which isin itself vory voluminous, comprising some oighty pages. Tho motion to dissolve tho injunction will bo l!msxcd by tho defendnut's counsel at the ear- icst dny on which they can get & hearing, a8 tho present vacation of ‘the Court provents the muttor hoing called up at once. IMPORTANT GRAIN TRANSI'ORT BUITS. Thomas C. Clisholm, of thia city, commences suit ngainst tho Union Stenmbont Company, of New York, for 15,000 damagos fur fuiluro to delivor 153,000 busliols of wheat, in May lust, in thio torms ' of o contract ontored into. ‘he complaint avers that the defendants’ agent, well Kuowing that ho had on hand a large quantity of wheat for consignment to New York, offored to by steam to Buffalo, and theuco by rall, sontiug thab tho timo saved, us comparod with Lho water rou‘o, by stesm to Buftalo and thence by eanal would bo two weols, ormore than oquivalent to tho oxtra froight charged, of 7 conts por bushel, in tho oxira prico that vould bo realized by raauon of ita ho- ing onrlier in the murkot than tho bulk of wheat ehippad by lake aud canal; that it wan known to both purties thal an unusually largo quan- tity of whent would roach Now York towards the lnst of May, consequent upon tho oponing of nayigation, wnd_the arrival of floots of boath by canal Inden with Westorn grain, aud thnt the Frlcs of whoat deliverablo in New Yorle prior to Juno 1 would bo considorably groator thun tho wheat deliverablo thereaftor;” and that upon the represontation, inducomont, and un- dertuking of the defendant to doliver the wheat in good order and fuli woight at New Yorl, in yensonablo and usual time, namoly, ten days, the Plaintiff was ready to ship'in dofondants’ vessols, on May5, the quantity 8o contracted to bo cn ried, numely, 153,000 bushols, In accordance with the contract, dofendants recoived 40,000 bushels on the Cuba, on May5; 85,000 bashola on the Dean Richnond, on Muy 6; 40,000 bush- ols on tho Nebruska, the snme duy, nnd 93,000 buehols on tho Lussia, on May 12, The wholo of thiis slionld havo reuched New Yorlk within ten dnys aftershipmont, tho last avriving on May 22, but the actunl dolivory wis an_follows : 7,670i¢ ‘Lusheln Moy 28 UIY 84-60 Dbuslicls May 207 8,022 16-G0 bushels Aay 80 ; 50,764 80-00 busliols Day 81; 21,142 27-60 Lisshofu Juno 2 8,028 20-00 bushels Juno i 6,755 bushols Juno 4 0,4673% Lusihels Juno b 3,205 40-60 bushels Juno 6 ; 7,911 bushiels Juno 73 873 651-60 bushels June 12; 1,687 B1-60 bushals Juno 18; 7,928 bushels Juuo 173 and 401 47-60 bushols June 18, leaving 1,091 35-60 hushels not dolivered, Plaintiff ut- fivms that the prico of whoat, hotween tho dato when the wheat should have been delivered and tho data whon it notunlly was dolivored, declined 12 cents por bushel ; und he brings suit at an “avorago lows of 10 conts por bushel, or $15,000 5 tho cunal bonts beating the railvoad. ‘Uhie whao wne consigned to Jome 1oyt & Co., 80,000 ‘bushels, A, I, Kent & Co,, 95,000 bushols, and Armour, Plankenton & Co., 88,000 bushels. Tho sumo plaintil brings isimilar suit agaiost tho Lirie and Wostorn Transportation Company, alloging tho sumo grouids of complnint, sompect: ing tho uhllunont and fuiluro to convey within reugonnblo timo 07,758%¢ bushols of corn, and 69, 1463¢ bushol of wheat to Now York, namoly ¢ 125,000 Dushols of wheat to Jeuso oyt & Co., tana 44,1463 to Kont & Co., and £he wholo of the corn to Cary & Yalo, consignoes, for re- iahlpment to Konneth, Dowio & Co,, Liverpool, J-Jnt:lmlll. Dumagos, 810,000, Six bundred and wixty-nine busliols undelivered. ‘Flo frleght was 27 conts ull round, or $41,300 §n the caso of the Union Compuny, and $30,~ 964,40 in tho caso of the Lirio aud Westorn T'ransportation Company. LIVORCE IN THI BUPERIOR COURT. Louise 1L, Simmons yostordsy petitioned tho to tho city, and_porsonal proporty, the naturo and amount of which complaiuant doos not know. ATTACIHMENT. Lanfer & 11, of this cily, yestorday com- moncod suit in assumpsit, €500 damages, in tho Superior Court, siaiust Dowitt P, Hubbord, of Winnotka, and obnined on attachmont in aid on aftidavit aflirmiug that the dofondant is nbout to conceal his_proporty to linder and dolny bis croditors. Tho sult is to_rocover £427.47, iutor- ;m. oxpenses and costs, for buttor sold Ju July laat. INJUNCTION. Charles E. Glacius yestorday procured au in- junction ngainst tho firm kuown s tho Wigan Bprings Load Compauy, of Morgau County, Mis- souri, aud to restrain thoir going on with mining as sich firm. Tho capital wos $5,000, tho mmount paid in £2,600, aud tho concorn did not angwor expectations, and the complainaut is a disantisfiod partner. THE COUNTS IN BRIEF. Froderick E. Bradloy, Thomas Sheppard, and Charles Smith yesterdny commenced_ suif, in ns- sumpsit, in the Soporior Court, agaiust Bevjn- min ¥ Slanloy, 53,000 damnges, ou a noto of 1,600 givon by Mrs. I, D, Valontino to tho do- fendant, who daliverad it fo plaintiffa, with his indoraement socuring tho payment, whick noto ia now just due. Hopp & Bchioonthaler yesterday potitionod the Girenit Gourt for meclnnics lien on tha hatsa Duilt for J. L..and Angolinn Morrism, on Loty 23 and 29 of Block 18, of Ashiand’s Second Addition to Chicago, for o dobt owing by tho contractors, [l‘ibunr & Murray, for sagh, doors, windows, | ete. Hough v. Danbo et al., in the Supromo Court, common law side, was f'cuturdny diswmissed ot plaintii's conts a8 to Philip Dykaman. David J. Ely, of New York City, yonterdny rocured an attnchment against Philip Goldstoin, ato of Chicugo, for ront, 5240, of premison in Chicago, s3id Goldstein now belug & residont of Poughkeepsic, N. Y. - Withinm L. Mitcholl wan yestordny appointod Aspignen of thoe estate of George W. Phillips. o St THE CITY’S HEALTIE, Three RIundred and Scven Deaths During the Past WeekewA Decrenso of Fiftcen Since Lust Report==0Only Three Fotal Cases of Cholera in Seven nays. : A rogular meating of the Board of onlth was held yosterday aftornoon; prosent, Dr. Millor, Dr. Behlotzor, Mossrs. Datoham, Adams, ond Moore, Tho Toalth Officor submitted his report, Numbor of nuisances abated, 558; sewer con- nections mnde, 4. "he Health Ofticor regarded the ecavenger work but fairly performed. A caraful inspection of all houses nud promiscs in the infected district hus beon mado under the direction of Dr. Simons. The nocossity for a supply of Inke wator south of tho city limits, on Burnside and Butterfiold stroots, being obvious, hydrants luvo beon eracted at tho intorsoolion of theao streots with Thirty-ninth, by the Board of Public Works, Tha Sanitary. Suporintendont's _report siates that the cases roported as cholora hive been confined to the above streets south of the limits. All tho cages received into the hospital have Dbaen sont from that quarter. Sinca tho oponing of tho bonpital on Thirty-third street nine pa- tiouts have been adnuttod, threo of whom died during the week of cholors morbus. Tho arrangoments aro comploto for tho comfortable caro of all that may bo sont in. Outsido of the district above dosig- nated, only five caves of cholora morbus have proved fatal during tho wool. Dr. Miller submittod his report. The mortali- ty for tho weok ending Aug. 16 was 807, ehowing adecreaso of 16 comparod with tho provious woolt, "Plie donthis for the corrosponding weok of 1872 wero 324, showing a decronse of 17, ‘Three denths are reported from cholern and 99 from cliolera infantum, Of tho 307 deaths, 171 ocenred among males, and 136 among foumnles. The moan tomporaturo for the week has boen 71 degreos. Thers wero twouty-cight cases of emall-pox reported, being an incroaso of three ovor thio provious wook, Tho district sonth of Thirty-fifth atreot and west of Stato continues to sttract tho atlention of the Board, 'Tho moasures taken to disinfect and earo for tho peoplaof thislocality are pushod with netivity. ITouses are visitod daily, and dis- infection done when reguired, and all cases of sicknoss reported to tho district phyeician, Sk e THE JEWISH SABBATH--A CARDJFROM THE REV. DR. KOHLER. To the Editor of The Chicago Tribune; 8ir; Whilo ronding the Sunday issuo of your | paper, my attontion was callod to the * roligious iutolligouco,” which, in good enrnost, says: #The Jowa of this city aro just now petitioning Jor a quiet Saturday.” 'This seoms to refor to tho latter of & cortain Rabbi Tomtof Trior, ad- dressed to tho hwyor of this city, and copied by all the Sunday papers tho week beforo this. Now, I eau assuro you that thore is no such a mau living hore in the city, nor was there any potition or movemant of the kind intendod by anybody. Mho lottor in question is flctitious,—~ in my opinion, murcly iutendod to eerve as a striking illuatration of tha conuscquonces of Pu- ritan-Sabbath Inwe, practived In o froe country, whero equul rights ‘and freedom of cousciouco aro soonred to ull tho cilizens. But, iu fact, bolleve me, tho practical common sonmo of tho Jewish people does not allow thaw to busy themselves with o Utopia. They aro satisfled ta live in peaco und harmony with thelr Churistion noighbors, and wish to soo law and or- der naintainod, without enbscribing to the #Tqw-and-Ordor Tarly”; whilo, in tho moan- timo, they forveutly pray and Lope for the time whon, m this froo country of Washiugton and Jeferson, all the citizens will unite fu promating tha Intorests, not of Christianity or Judaism, but of what suraely iu the highost ond of both,~ i. 0., humanity. With many reapoots, I am, sir, Du. K, Konren, Tabbi of the Hinai-Congreg, youty, Uudaao, Aug. 18, ———— Grand Medal of Morit. Mesurs, Farrar & Wheuler recolved yeaterday tho followlug from tho ugent of the Whoeeler & Wilson Mauufacturing Company at Vienna : WonLp's ExvourTion, VIENNA, Aug, 19, 1613, Measrs, Farrar & Wheeler: Whesler & Wiion Manu- focturiug Compnny, Nu, 025 Droadway, New Yurk, awarded fru\ wedal on progrees, grand modal of wmorit, and tho only sewing-maching company recoms endbd by the Iutoruationul Jury for tho grand diplos 13w of konor, . O, Woons, THE EXPOSITION. The Great Building Rapilly Ap- proaching Complstion, Every Inch of Space Already Spoken For. Mooting of tho Ixeoutive Committes Yesterday Afternoon, The Object and Scopo of the Iix- position. Tho preparationn for our great Exposition are rapldly progrossing, and thore is no donbt thnt the building will bo roady in amplo timo, and that all tho epaco will be fulty occupied. In- deod, ovoryinch of spaco has Loon airondy spoken for, and all applications hithorto mndo must bo somowhat eut down in tho amount of apaco askod, in order to givo any chance at all to :llmm whoso demands are now pouring in overy ay. In ordor to nccommodate the lightor classos of orticles moro fully, the Xxecutive Committee yosterdny decided to widen tho gallory four foot, at an additional cost of £1,100, Tho building {8 now noarly wholly enclosed, excopt nt tho onds. Tho hinlf-frusges aro now being rnisod on tho south ond, and two of the ton roquired on the north ond ore alroady in place. 1t is expeoted that all the lalf-trusses making the rounded ends will bo in placo by Snturdsy night. Tho glazing has nlso boon commenced in the roof aud along tho aides of tho ventitator, The com- position roofora will commonco their work on tha slanting roofs to-day. 'The smoke-chimney for the boiler-houso i8 nearly flnishod, and the boilors and engines will soon bo sot in place. The Executive Committoo of tho Board of Di- rectors hold their rogular mecting yostordsy aftornoon, and decided to widon tho gallery s sbovo, and discusged soveral important questions, Tho offor ot tho Commitice to the Babeock Manufaoturing Company was withdeawn, pro- vided that the Compuny had been at no exponss. in tho mattor. A proposition was recoived from Mesars, Ialtslander, Randall & Dantels, offoring tho uso of an ongino of 140-horso-powor, and the proposition was accoptad. 1t waa suggestod that additional buildings of one Atory lu‘finight might bo advantngoously usod for oxhibiting large agricultural maclinery, and tho mattor was roforred to Mr. Soyington. B Tho bids for gas-litling woro discussed, snd the joint bid of Messrs Goshorn, Fontayno & Co,, and Messrs. Wilson & Willard, was accepted, ‘They proposo to furnish pipos and fixtures for lightig tho wholo building for 31,278.85. Bo- sides thoso gag-fisturos, thoro will bo sbout 500 burnors provided by firm from Now Jorsoy, who wish to exhibit their patent, It was sug- gosted that jt might bo woll to lay the Tuain floor with small cracks_about_one-quarter of an inch wido, #o that the dust and fragmonta acattered about mIEht drop out of pight. 1t waa also suggested that the Indies’ trails would: thuy nct as ol{-oporating wweepors, making n consid- orable saving in labor aud oxponsc. ~The sug- gostion wns not ncted upon, howover, s thero seomad sovoral weighty objections thototo, Tho air would have too free a circulation, and in caso of anything being dropped it would bo irce- triovably lost. 'The questions of entrance aud oxit, price of admisaion, timo of oponing and closing, music, ote,, wore postponed until tho building aud other muttors wero in a moro for- ward state. In ordor to matisfy many peoplo who do not yot quite understand the obfllct aud Hcopo of iho Exposition, we givo tho substanco of a conversation befweon our roporter and Mr, John P, Roynolds, tho obliging Secrolnry of the Board of Directors. Mr. Roynolds waus full of busi- nogs iu arranging 2nd_clssifying tho difforont objects for which space bad Loon askoed, but readily gave tho information asked : Tojiorter—\¥hot dopartmonts of industry or manufactures aro oxpeetod to bo on exhibition ? Mr, Roynelds—Well, that is a hard quostion to answor. Itisngood donl lko nsking what animals oot into tho ark, Wo oxpect objects of all kinds, from uatural products to tho fnost manufactured articlos. 'ho only clasy of ob- Jjeots for which no provision is mado is livo stock. Tlo entire grounds et mpart for tho Exposition are roquired for the structure nlone, 60 that no spaca is available for the exhibition of domestic animals, All articles decmed dan- gorous, cither by reason of thoir oxplosive or combustiblo charcter, and all articlos offonsive by reason of thoir odor or appearauce, will bo ox~ cluded. ' Teporter—Arae tho articles oxhibitad to be on sale also? Mr. R.—Not a8 a goneral thing., Latables, candy, fruits (if any), sodo-water, and such things, mey of courso be sold and delivered for immodinte consumption ; but, a8 & rule, the ar- ticles oxhibtod must remaiu until $ho closo of tho Exposition, They can, of course, be told at suy time, but they nuwet uct ba remayad. Ttoportor—Aro thero promiuma to ba awardod, o8 at agricultural faira ? . Mr, R.—Prizes will not bo awarded, nor is it intended that the Exposition shall b a compoti- tivo one; butit is proposed to publish, soon sftar the cloge, o complote aud {mpartial official roport, containivg briof doescriptivus of such contributions ns appear to bo_meritorious, with such fucty and statistics as oxhibitors may fur- nish rolating to tho articles displayed by them, 80 08 to form a valuable record for futuro refer- ouce, Rteporter—ITow long is tho Exposition to be hoht? Mr. R.—Wall, it is not yet definitely decidod, but it will be from four tu six wooks. Reportor—Is thero to bo a price for admission for spoctators, and, if so, what price for singlo or souson tickets ? Mr, R.—"Thoro will of course be & clarge for .admittance, but tho dotuils of this matter hove not yot boon dofinitely dotormined upon. Ttoporter—T thera n._foo for the privilogo of oxhibiting articles, cr 4 it necessary to rent roowm iu order to oxhibit ? Mr. R.—Thero is no feo for tho privilege of oxhibiting, nor is thoro any charge for spaco. All that_can be accommodated aro frosly wol- comsed, if they are reasouablo in their requests, and comply with the conditions. Reporter—Do the mauagors invite contribu- tions of pictures or other works of art to add to tho displuy, and, if so, do thoy guarantoo sofo koe}xlug and roturn ? Mr. R.—Tho nri-gallory ia an nearly firo-proot a8 can Lo, and contributions of worlks of art for exhibition are, of courdo, desired ; but anch ex- hibitor, as in all other du,j)nrulwutu, must attoud to bis own insurance, and, boyond the assurance of the grentest caro being taken ‘to protect all n"ucluu, no gusrauteo of wsufe-keoping can bo given, Reporter—What ia tho dato fixed for opouing ? Mr. R.—It cannot bo accuratoly statod yet, It will probably bo Sept. 23 or Roporter—Will tho xposition bo opon during tho ovouing ? Mr, R.—I¢ undoubtedly will. ‘The evenings will, at first, bo ag well attonded s tho moru- ings. Rloporter—Aro thoro any othor attractions bo- gides the moro sight of novaltios, etoe.? Mr. R,—Thore will be iustrumentzl concerts in tho ovenings, aud porhaps in tho afternoons. “Tho olovator, running to tho top of tho building, will bo an attraction to mauy, onabling thom to i;at o viow ot tho eity and hurbor that they nevor ind bofore, Butof courso tho Iixposition, in itsolf, will presont the most attraclive foatures, ond if & porson would not go to soe it, Lo wouldn't care to uee anything else. —— MAYOR MEDILL'S DEPARTURE. The Mayor will start for New York this oven« ing, at § o'clock, if olicial and other dutios do not provent him, 1o purposos mniling for Bu- ropo in the stoamer Algoria, on the 27th instant, Tho plan of his trip 18 not yot yot dofinitoly nurked out. 1o says ho goes for rest, and the only thing appronching lubor ho will eugage in while sbsont will be writing an oceaslonal letter upon somothing not given in tho guide- bouks, Ilo was visited yestorday aftor- uoon by mmny friends, who bunde him a hearty farewell, Ald, McGrath also called, but happily for that imdividual tho Mayor was out, Mcdrath talked bonstingly of hin ‘“power,” and said ho would yot moke it hot for somobody, His talk was amusing, becauso it was Ho vory silly, Tho Inspoctora of the llouso of Correos tion algo held A conferonce with tho Aayor at the latior’s roquest, in the prosenco of Acting- Mayor Bond, “Nothing of importanco was talked about, tho object of tha weeting being to inform Mr. Bond of tho naturo of hls duties in connoc- erl :v[flh ]l‘l!m deuwolll. ith cting-Mayor. Bontl spont many houra. wit| Mayor flodl]} yuto:(ln;prconiving’wordn of in< stritotion concorning . lo dution of the ofiico he ia soon to assumo, 'I'hd Moyor soomed to have very much to gay to him, and if Mr. Bond'a con- duct shall bo contrallod by tho Instriotion o re- caived, ho will go ont of_oflico with as honorable n rocord an tho Totiring Mayor. . Tho Mayor sig- nified that ho had not “given him all tha lessons of exporionce ho desired to, by requesting him to spond an howr with him this morning. AQUATIC AMUSEMENTS AT GENEVA © LAKE. A Sportive Scone Not Put Down in tho Ak Correspondence of The Chicago Tribine, GzNevA Laxe, Wis,, Aug, 18, 1873, Tho rogatta at this placo to-day was onjoyed by & largo nesombly of people from this placo and tho surrounding country, and by many via- itors from Chicngo. Tho programme waos as followa: 10 o'clock s, m,—Handlen pitebior, for miling Loats, to un off Long Point, Netlle—). M, Hornoy, ° Fl{'.lug Cloud—pm—if, Sturges, Behoonor—sm—Bitly Wooils, lara—8m—G, Van Alyck. Lillisn—16m—J. G, Dwen, Taco; privo, aiivor aroutid a stnkio-boat, Lizzio Moore—16m—Il. L, il i Minnehaba—16m—0, Nowbury. [ White §wan—151m—0, E. Bulre. ' 3 o'clock—Sluglo-scull races, ono mile and return ; first, gold medal, 3 . M, 3. Ouele, Obleogo Sonllors Club, pearlot and white, dr, T, ‘A, Allcock, Ohicago Bouller'a Olub, scarlet snd white, .‘J. Flauders, Chicsgo Athlotlo Club, brown and* [ whil 3:0 o'clock—Working boat race. Ono milo and re-3) turn: fisbing-rod and reol. O, E. Bubro, M, J.} Woathorwax, Latona ; H, Sturges, W, Sturgos, Daunt- leas; Oliarloy Downs, A, O, Dawns, Lotua; Ieury. Moore, Gato Walker,Goldsmith Mald ;' Robert' Warron,; 1ol, 4 o'clock—Donbla soull tace. One milo snd return,' Bilver_goblots (two pieces), and_fiold glasses, T. Allcock, 7, J. Flanders; M, J, Weatherwnx, O, E. Bubre,"alfny § Olarloy Downs, A, Ogdon Downs, s, 35 9closk-—Tuuuniug race, 100 yards ; pulze, allvor alvor, 5:30 o'clock—Tub raco ; prize and $5, 6 o'clock—Swimming match of 200 yards, with ono turn, for a pair of silver goblots. 7:40 o'clock—Dance at Walker's Hall, ¥ Only four of tho eight entrios in tho handicap ! race started. It was won by tho Lilliao, sallod by Julian 8. Rumsoy, of Ghicago. Time, 2 hours, 45 minutes. Tho single scull raco was won by’ J. A. Allcock; tlmo, 18:20. The doublo soull ] wasa won by Mooro and Walker; timo, 18:22. Lato in tho aftornoon, a sceno took place a tho broakwater which was not down in tho pro-«| grammo, but which novertholess caused agroat.\| doal of amusemont, Mr. Charlos L. Wilson and J. G. Dwan, of Chioago, camo eniling down from the | head of the lake to the brenkwater which.pro—|: tacts ono ond of tho bridgo. Upon this siruce: ture was atanding Charloy Vipham, of this placo; & good-nntured but muscular son of Old Eng- loud. Ae Wilson and Dwen approoched the' Droakwator, whora thoy desirod to effect o land- ing, they loudly and peremptorily ordered Vi ham to got off, Vipham, instend of oboying the ordor, emilingly inquired how much of this lake they ownod. *Tho wholo of it,” rotorted ono of the partios in tho boat. At this momont " the boat Atruck tho bronkwator, and Vipham went., into tho drink, but whother ' they pushod him in . or whothor thoy ran the bont 5o a8 1o throw him off lus balanco I could not loarn. Tho wator was about waist doop. Viphnm was on his foet in « an fustant, and, Acizing Wilson, Lo soused him undor water. 1To thou porformod the samo oflic for Dwen, making_ thon both Baptists by im- . morsion, but not Froo-Will Baptiats, Thoecrowd of courso ran to tho bridgo to oo the now sport provided for the public, tnd ponls of laughter Tont tho air as thoso ilreo malo Vennsos rose {from tho son. ULTRAMARINE. HYDE PARK. The Estnblishment of Regular Grades ==flecting of the Honrd of Education ==The Kenwood BoatClubls First Voyage. Tho Board of Trustees of Hyde Park hold an adjourncd meoting on Mondsy evening to cor~ roct orrors. The Attornoy, Col. Thompson, has been for o long time insisting on rogulatly cstablished grades for overy proposed improve- ment, knowing that avy nssessment would fail in court on application for judgment if it was found that no grade Lisd been cstublishod. Re- contly, on bis last caso in court, and on tho very Iast objection made by nchrouic tax-fighter, this point was raised sud was sustained. Tho fainl woskuess onco diwcoverod, it was uttorly usoloss to procoed to tho colloction of any specinl assosamont until this orror was corrocted. Tho Village Engincor has beon working up this mattor mght and doy for a long timo, and came proparod with profiles of overy stroot and ave- Due in tho villgo, So the Trustoos by formal ordinences established all tho grados, rescinded and aftorwards re-onacted all the ordiuances for gpeciol svessments for all tho improvomonts lioretoforo adopted, and the chronic tax-tightors miny now cross off this objection from thoir privted list, ‘I'he salnries of Engineor and Suporintondent of Publio Works woro raised to $2,000 por snnum from Aug. 16. Ttebatos on \Vabash avenue wera allowed to E&fif’- F. Nickerson, $40.58, and to J. B, Adams, £800, John McCaffroy's claim for intorest was re- turned by the Committoe of Streots, and refor- red to Committoo on Finance. A warrant for 3197.25 was orderod on_ stroot- ropair fund in favor of Chicago & Thornton Road to correct orror of July 19, 1873. Jobn F. Barnoy, William P. Gray, aud the Prosident woro appointod the Bpecial Committoo ou tho construction of Water-Works. Adjourned. TOARD OF EDUCATION, At tho meeting of tho Board of Education on Mouday evening, tho Special Committee made a Jengthy roport vi the concdition aud wants of tho #chools, and on their recommendation it was ordered that Lots 87, 88, 39, 40, 41, 43, 48 and 44, in Block 49, in_Cornoll, bo accopted aa & do- nutiou from Paul Cornoll ; that a school’ be es- tablished, and a achool-houyo be built thereon, to e known as tho Cornall Bchool; that a school Do establishod in the Bouth Shore Bubdvivision by Messrs, Biuford and Middloton, who were empowered to procure & room, fit for tho pur- pose, and solaot a toacher. A communication from D. Appleton & Co. in recommondation-of Cornell's Goographies, and from A. G. Lane rccommonding a music teachor, were received and roferred. A contract was orderod with W. L. Robinson for ninoty tons of coal. A numbor of plans for sehiool houso were prasontad, but for waut of specifications aud ostimatos biad to lay over until noxt mecting. Adjourned. A NOVEL S10HT was prosented in front of the villago hall by the Lalling thoro of two largo wule-teams uttached to wagons loadod with iron water-pipes, and gomo supposed thoy wore for “the Lydo Park water-works, It appears tho drivers tried to act mulo with Lowo, of tho South Park police, and wonld nelthier leavo the boulovard nor quit curas ing bim. So ho eaptured thom and lodged them in Jall, ROW, BROTIIERE, ROW. The Kenwood Dont-Club had & jolly time Mondsy with their new elght-onred barge, Twolyo_jolly tars In ombryo, ¢mbarked ap Olark stroot Lridgo, Chicago, at' 2 p. m., and, aftor nich toil and persplration, landed at Kenwood Pior to be wolcumed by sevoral hundred frionds naseniblod on the occasion, and, aftor partaking of 6 suppor, broaking Wino over the bow, ohriu- toning tho now boat, and hosrlng various spoeclion of congratulation, soparuted to meot saaiu in the moruing. — NATURALIZED CITIZENS AS CONSULS, o the Editor of The Chicago Tribune : Biz: Yor'somo timo back, we have boen troatad to Dbittor complaints against Becretary Tish for his docided unwillingness to appoing naturalized citizons o8 American Consuls to tholr nativo countries. Well, the rule obtains ; but as well might tho foreign-born citizons of any othor country s Gormany objoct to it ; for its application i made universal, as the pres: out writor can provo from porsonsl expori- onco, QGrant that tho obnoxious rulo may ba motived, as pssorted, by doforonce to Bismarcl, {u it not concelyable that in this mattor, as in somo othiors, tho haughty Pomoranian may have botrayod short-sighted - stutosmanship in tho .jnportant affairs of Lis country, anda * note thoreof " boen takon Liove ? AN Tnisu-AMERIOAN APPLIOANT. —— —Honthern INlinola jabelng improyed very rap- {dly. Our oxolangas from thut soction of tho country mention many now industries, as ron and walt works, furniture faotories, &o., &o.— Illinois State Journal, 1| Bevenue in thic Poorin Diatrict in this State, A QUEER TRANSACTIGN, Colleetor Emery and the Tice Metor Case, Decision of Judge Blodgett Thereon. A Farefnced Fraud Perpetrated on the United States District Court. Collusion and Violation of Trust on the Part of Emery. Thao following opinion dolivared by Judge Blod- gett, on the 11th inat., fu the Tico metor caso, was witlihold by tho Judgo for rovision. It isadecision of .much importanco, involviug & question of fraud, collusion, and violation of stipulations botwoon parties in' tho Unitod States Distriot Court, and & possibla conflict of jurisdiotion bo- twoon that Court sud the Circuit Court of Pooria County: Adolph Nasbaum et al. v, Enoch Emory, This case, and sovoral othors now on the dookot involving tho #wamo queations, aro brought beforo tha Gourt on a tno- tion by the plaiutis to ot aside an ordor ontored a fow daya sinco rolustating tho cases upon the dockot, and also upon » motian by Isaac P, Tico for a ruls on de- fondant to Bliow eauso why Lo’ should not be_ordored l‘?hllny into court tho monoy in controversy in tho cascs, o ~** IIATONY OF THESE OAREA 1a nubatantially this : DBy tho Internsl Revenue law of July, 1808, it {s providad that tho Commiasfoner of Tu- tornal Rovenuo may proscribe a motor to bo uscd in all dintiileries for tho purpose of measuring the mplriin made - theroln, And by o regulstion subssquontly tod by tho Intornal Hovonuo Liuroau, the motera mado and patatted by Inaac P. Tico wore®adopled by thio Govornmont snd required to bousod in all distil- lerles, Tho dofondant Emery was, in the fall of 1808, and for somo years thoreaftor, the Collector of xu&or:-;l nd tho ]:'lnlnl-lm! in theae soveral sults wore distillors at Peoria, eing thus roquired to usp the Tico motern in thelr Qistiilorics, thoy mado tho requisitions provided by the *¢ yegukations " ou the Collector of {hielr Distriot for 4 meters,” aud pafd into the Collector’s hands the pur- chago price of the metora 8o ordered. Tho Collactor theretupon ordered tho moters from Tico, and the same wero dnly shippod to tho distillers 6o ordering them, On the atrival of tho moters tne plaintiffa woro disaut- isfied with thoir oporation, and their practical wao was noon abandonod, Tho goveral distillors who Lad “so pald over thoir money to the defondant snd orderod metors, subdoquoutly brought sult (nsasumpalt for ‘monoy hod and rocolved agalnst Emery in tho Peoria Qircult Court, to recover back ilo purchaso money thoy had réapoctively pald for thelr moters, Thoy also rospectively fled billa In chancery against Emery and Tico {u tho Pooria Ciroutt Court,”aliogin, in substanco that tho motors wore wortblons, tha the regulation of the Bureau of Intorual Rovenuio To- quiring tho uso of the meters In diatilloriea was 'UNCONBTITUTIONAL AND YOID, Feay snd slleging also that Tico, o whom the money was owing, was insolvent, and prayed that Emery Lo on- foined trom payiug tho monoy over to Tico, and that 10 be decreed to pay it back to thom, =y All theso casos wore romoved “to this Court, on tho application of Mr, Emers, whore tliey were pending - at tho time of tho Olifeago firo, Aftorthe fire the racos wan restored In tha common 1aw cades, Lut the fles havo not beon restored in the cliancory cascs, "To thio declarations reatorod in the Rovorsl cases at common law, the dofondants plsaded limst, to gencral fgsuo, and socondly, & specinl ples, sottlng up in aubstanco thiat Emory, tho dofondant, was tho_ Collac- tor: of Internal Rovenuo for tho’ Peoris Diatrict: that tho money referred to in the plainti’s doclara- tion was puld to Emory a8 such Qolluctor, a4 the pur- cliaso monay for Tico motors ‘ordered by the plaftify and that tho moncy was tho monoy of Tico, und nol the plnfutils, ond that Emery did not' Lold tho ‘monay for tho plaiutim, but held it for Tice, ond atat- ingtho regulations and proceedinga under tho -Intor- ual Rovenue low by which tho monoy had bean pald over. ‘To thia plea the plaintiifs fled demurrers in all the cnses, joinder was isd upon this demurrer, and all tho casos wore theroupon submitted to the Court, The mattor was held under advisement for for somoe time by tho Court, during which time it was pretiy carefuily and thoroughly exasmined, nnd on the 25th of Fobruary lsat, tho doniurrors takon by‘plain- tiffs wero OVERBULED DX THE 0OURT, but jnasmuch as the attorneys for th plantifta in the cagen were nat fu court at the time, aud as the Court did not, under the circumstances, doam it oxpedient to enter judgment upon the domurrer, as miglit have ‘boen donie, until plaintiffe’ counsel could have time to declda updn the cotirae they would pursuo, an cotry was mado that the plaintiffs should Lo sllowed twenty dloys (o oloct whother thoy would etand by thelr do- ‘mrror, or withdraw tiolr domtirror and plead, ‘Tho record stood in this munner until aomo time in tho month of July, whon tho siornoy for tho dofendants sppeared and nsked that judgment be en- tered upon tho demurrer, Notlco was forwarded to tho nttornoy of tho plinti, und on tho 8ih of July, T thiiuk, Mr. Ingersoll, of tho frm of Ingorsoll & Me- Cune, plaintitf’s sttornoy, camo futo court and dise ‘minsod tho comnon law sulte. Thero -Wag 0o appear- ance at that time on the partof tho defendant, and it did not oceur to the Court that thero was any impropriety in the plaintifa dimnissing his own sult, 8 probably that.would isve beon the reault, if Judg- ment bhad been entered upon the demurror unless my attention had been called to tho specinl stipulations hereafter roferred to. A fow duys after this dismissal it was brought to the notico of the Court that aftor tho docision upon this demurrer a suit had beon brought by onoe of the plaintiifs ln theae common lsw cases, D, O, Farrell, upon tho equity aide of the 'OIROUIT COUIT OF PEONIA COUNTY ajnst Emery and Tice,. setting up that he, the com- plainaut, waé the owner, in his own right, of she money which be Lad pald for the meter which ho had ordored, and was the owner, by nssignment, from tho various other diatillers, of what tlioy had respoctively aid ; that the money was wrougfully withhold by Eniory, the Collector of the District ; sud praying re- lief in the premis ‘The suit thus commenced, pro- ceoded to hearing, upon the default of Emery, Tice belug bronght int court by pubiication, and his de- fault Deing also entored, a final decree was_ cntered. on tho 25th of Juuo last, and on tho 7th duy of July, the day beforo thess cases woro AQismigeed, as the record now producod in court shows, AR, EMERY PAID OVER TO FARRELL, tho compluinant in that suit, the amount of money in hia Loads, gtuwhafi out of the Tica metor transaction, From the timo theso cases wera first brought to the notice of the Court, It haa been apparent upon tho rocord that this was really o suit Letwoen theso various distillers and 'Tice, and not between those men snd Emery ; that Emery had no fnferest in the mat- for, ~was merely a stakebolder of tie niohey, aud was in 510 wise concerned in tho result of tho sult, 1fis plea slatod that substantially, and the various stipulations which have been placed upon tho record in the case, aud tho statements of counsel havo shown thal counsel who appeared for Emery oppeared, i polut of fact, ut tho {nstance of Tico, were cruployod by ‘Tico, and acted n the lnterest of Tice, and (st Emery’s usme wns morely usod as T{S NOMINAL DEFENDANT, the money in bis hands being the monoy of either tho plsintils or of Tics, aud ot u Ay oYont, he wmoney of Emery. Counsel who had appearcd in the caso under theso ciroumatanced called tho sttention of tho Court, by an afidavit, to tho fuct that this sult hiad been brought in Pooria,that Fuery had paid theso Aums over to the com plainant, Farrell, and nsked upon this aMidavit that hieas cases should be relnstated, clalming thot Lo was ontitled ton Judgmont upon tho demurror, aud to s order that the money shiould be paid to Tice, produc- ing o stipulation, entorod into between the counsel about the 80th of Barch, 1871, & copy of which was ypreserved from the fire by baving beeu transmitted to g{uumol n,:azlg»d in certain casos of the same uaturoe in ow York, TIS KTIPULATION in a8 follows: ** Enoch Emory ads Nusbaum et al, In all tho Tico moter cases, including the sbove, pend- ing “in tho United ~BStates ~ Oourt, Northern snd Southiern District of Illinols, and in Blsto Courts, we agrca thnt the trinl of one &l shall bo conclnsive of all other cases whero the facts sre substantially alike, And that, upon the trinl of that case, tho cortitieatea of United States Ovlloctory as to tho time when moler waa‘ordercd, xud wheu bill of Iadiug waa rocolved, snd of all othor facts of record iu thio Collovtor's offive, shall bs taken without objection, * And wo further sgroo that for the distillors wo will ‘make snd rely upon the following paiuta: & Pirat—Thot tho law compolling the dlstill era fho malor ungonetituy o use tional, and that tho Commiesloner of Juterual Toveiiuo had 1o logal right to compel diatillors to pur- chaso or uss the saine sl thelr expenso, @ And {lint fho moter wes of no valuo, Of all which Tieo hal notice, W0 logal yuestionssliall bonrgued boforatho Court, Defore sny proof In_taken, aud tho Court muy givd Hina fo tako ach ovidutics v the Tullng of tho Court muy render appropriste, Wo will arguo thy case n Unftad Stutes’ Oircult Court, Northrn Distrit, 1ill- zols, “Tha defondant fusiats tuat tho valus or want of valuo 1a mpteriul 0 tho absonco of fraud or bad fuith on Azt of "ico, 4 All tlie orders of the Revonue Departmont may be sead by olter party, on hearlug, argunienty o (rial and gliould plaintitfe finally be besten, then the Court may order the money i Calloctor’s fiands, fn il to bo puid to Tico, gned] “InaensoL, & McQuwy, 4 For platutiis in auld neveral cases, [Bignod) “ DooLIFTLE & NORTON, Whofandanta attornuys in suid soveral cusc,” ALT, THE 0ABES 1n thls court, on the commoi law sido, woro submittod on this donjurrer, ond, s 1 undoretood, 1t wus ox- pected that thoy would bo substantially dlsposed of Ly fho dumueror, 1t was only bocausd tho plaintits Wore uot {n catrt by thetr ccitnaul ut the oo the do- murror wasdisposil of, thut the mattor waa allowed (o Tost, Thu declsion Wis given i tho wintor timo, in procarlous weathior, wnd I thonght it yesy oasilio thiey Jnight 107 Ly recolved tho notlco, oF fiat it might buvo beon fmpossiblo for the plafutims’ attornioys to 1o hero on tho uppolutod moruing. There- Toru tinto was givon fliem, simply a8 o matior of courts ©8y, 84 Taupposod, 1 ordor thist thoy might decide hother they would abldu by tho demurror or whothor Thoy would sl fuast upon, souie proofs beltg takeu ; but, as T sadd befor, T understood that all the fmipor= tanl questions I tho cases were dlsposod of, and that any furihor action would bo merely pro fornia, n tho outoring of ko wiotlon to roustato the casca 1 suatained it, aud ordeped tho cased tu bo peinatated ‘rro\»hly Do construiod to ba about this upon the docket, on tho groltnd ‘that thoy had boon Iihprovidently djsmisnod, ~ ¢ Defondants’ attorneya then asked for 4 e A TWULE AGATHET MN, RMERY, to Aliow eage why ho shold not_pny this money into court, Therulo was granted, On tho roturn of the rulo, Mr, Ewory appeared, by hia counsol, and nioved 10 5ol asido tho order rolnaating tlio canos, nd o dis- misn or redismisn the easos. ‘The motion for a rilo ngafint Lmery ta pay the money fnto court and the motlon to disinlas (he casos wora argued a fow doys sinco, and, after maturo consiileration, I can aco no reanon for ' changing tho order. formerly mado on tho roinatatoment of tho cunoa on the record. I thiuk in thio prosent stntus of the record, and fu view of what lins tranpired claewlore, Jtia the duty of this Court to retaln thess easos within its own control, snd within its Jurladiction, for tho purposo of protacting tha righta of tho roal parties In intorest in tho litigation, I cannot look upon tho proccodings at Poords, ‘whoroby an nttompt, al least, wus madu to ohfalu t) adjudication of the Pearin Circuit Conrt upon the mat- tura I contraversy boty ra {n coutraversy botwoau the puries, 88 snyliug A FRAUD v upon the Jurisdiction of this Court, and the real porties futeroated in tho suita hore. Tt Acoms to mo that this fs na mild o torm as the Conrt Ahould, in Jus- gcn toitsolf and to tho partios, apply to the transac- on, IHore wis 8 court of compotont juridotion, and having Jurisdiction of the subject-maiter nne pactics, wheta th caso hind been alrendy heard, whoro tho delay 1n onteriug tho final fudgment was' pitroly out of courtesy to tho plalntiffa, and whoro the Conrt had the undoubtod right to order the aubject-matter of tho uuyuuu to bo pald {nto court for the purposo of protecting the rights of the party in interest, In the faco of these stipulations, " and tho rights ot Tice, (he parly I lercet, " thie pinGie with ihe connivanco of and, as it appoars, BY COLLUBION WITI I, entor Into an agreomont by which & ault 18 to bo In- ntituted before another tribunal, aunother docree ron- dorod, and tho monoy paid ovor to the plaintiffs on that decree. 1 noy. thoro must hava beon colluaion botweon thoss partien, bocauso I can hardly concoivo that these Dlointiffs could, without an underatanding with the do- fondant, have desmed it posaiblo for them to carry thirougly to a succeasful termination, thie lote Poorin snit. It was Emory's right to havo pload at onco to that sut, tho pondency of thoso muita ; and_tho plain- 44178 must have known ho would have dons g0, i tho dofoudsut, AOTING TN THRIR INTEREST, and in colluston with thom. ‘Tho Conrt cannot but conclude thoro was su understanding botween Emory ond theso plaintiffs tn regard to tho bringlng of this auit in Peorls, and that that sult was brought Dy collusivo arrangeiont batwoun them, The plain. £i(7a would not havo dared to hiavo brought snch & suit: thoy would have kuown thoy would lavo been mof on the threshold by a plea in abatoment, which would hayo inovitably thrown thom out of court, if the dofendaut was acting in ool faitl for tho intorest of Tice. Duf, fo far fcom that Lelng tho caso, no such plea was initor- posed; tho rights of the pllrli. in interest aro not at all “‘muclnd by Emrrfl ut he suffors the Court to tako dofaalt agalnat himsolf and Tice, the party In intorest, and allows tho decreo to bo ontercd, iy prolocting imaoi, us o latos i 1l 0w o1l davit, by taking & LOND OF INDEMNITY from Farroll, By doing that, ho uliows ho has no con- fidence, aftor oll, in thevalidity of tho pmcum“u?l, becauso he must bo held to kuow that the docreo of & court of competont juriediction, houcstly rondored, is rotection onough, and that ho needed no boud or Eucklns. ‘But tho wholo Lransaction, taken togethor, satisfles mo that thin wes n- sonicwhat - ingenious at- tempt to evae the Jurisdiction of this Coust, aud to EVADE THE STIPULATIONR “which these plaintiffs bad thomsolves ontered into, and whiclt wero binding upon thom in this forum, ‘Withiout -charging that Mlr, Emory intondod fo bo himself s porty toa frand, I think his position must 0 18 8 nolghe bor of thoso partioat 1io s hoard ' tholr agsortions made 0 ropeatedly, nnd reiterated 60 froquontly, n regard to tlls moicr being worthless, that ho porkiaps sptupathizes with them In tholr atdupia to recovor thia ‘money back. e perhaps fecls that thoy ought 20t to bnvo beon compellod to purchaso thoso mic. tors, and_ that, thoreforo, Lio, 88 & good neigh- Vor, ought to facilliato’ thelr efforts, But ho cerfanly ought not to do it at the exponsa of VIGLATING HIf OWN STIPULATIONS, snd the tipulntions which havo been madlo by the piaintirathomaciver n tho nterent of o party wiom o really ropresonted. 11l rolstion to Mr, Tico wag that. of o Trustoe for bim, and ha ought not tobavo toon guilty of o colluslve arrangement. by which tho fands’ belougiug to r, Tice should bo placod in any ofbor custody than hat in which thoy weroat tho Hima of tho commencement of tho original wuit, Therofore, 1 (hink tho Court did right in reatosing Ao canes fu {ho Arat fnstance to {hio dockot, solting saldo tho order of dismisal an baving boon Improvidontly entered, ud requiring tho rulo 0 Lo entored that the defondant should shiow cattao why this monoy shoild Tot be naw paid into cauct, Thave 1o doubt but at common law, whero tho racord sliows that monoy 18 hold by s nominal party, cithor plintlit ot defendant, ololy a8 Truntco for tho beno~ it of vomo othicr porson, uot a party fo tho record, 1t in thie right of the Court, at tho {astancoof tbo party in intereat, to order thie monoy i controversy to bo BROUGUT IKTO COURT. 1 say Thavono doubt thatthat s ono of the common: Iaw putwors of o court of law 8a well a6 of & court of oquity, but 4f I had ony doubt on this quiostlon, it would bo ontircly act at rost by tho stipu- Intion tu'tho case. Tho ploss of Emery, the dofendant, stato emphatically and dolomuly that 1o Lins no inter: est in thin money, Tho stipulation providea that whenover tho Gourt Lna_disposed of thoso canos, It sl order tho moncy to be pald to Tico, if the decls- fon bo in hts fvor, and the Court can only do that by ordering tho monoy to b firet pald into’ court, and thien order it pald fo Tice,—nt losst that would seom tho ‘most regular w p At tho timo theso muita were brought, Mr. Emes was au ofticor of Lbe Uuited Siatos Governmunt, on tho, proper custodian of tho moncy. the' briuging of thess sults, to Do such offcor, ond no _longer 1hio propor custodian of this moncy, olther for Tico or the Governmont,—tho coniroversy being in ono seuso botween tho dfstillers aud tho Govornment. 1 can, therofore, 5to o renson why tho Court should not mako su order that the defondant PAY THIS MONEY INTO QOTRT, I think it a duly tho Court owes to itaoif aud o tho parties, tust it should not allow ita jurludiction to bo wvaded by & eunning shift—or by wiiat may be Justly considorad w trick—of this chotacler, nud that tho adminiatration of justico botween parties litigant in this tribuual shodld uot be thwarted by a dovice of this kind, Au_order will therofore bo entered that Mr. Emery pay tho mony in all theso cases iuto coust withii twenty duys from this timo, e e CHOLERA. X the Editor af The Chicago T'ribune: Sin: Dr. Hamlyn, tho noted phyaicfan and missionary in India, published some yosrs sinco & troatment for cholora purstied by him in that country with uniform success. Ho statod that 10 ¢ago was loat by him unless the patiout was in a collapsed stato whon tho troatmont was un- dortaken, Doing impressed with the good sonso of his mothod, I adopted it during tho visit of tho cholera horo in 1866, and saved every case excopt thoso fu which the fatal collapso had al- rondy Bob in. I afterwards used it with similar resnlts on the plaing the ensuing year, when our party was overtaken by the cholera in its march wentward, The most valuablo thing in connee- tion with the treatment is, that it may be undor- {akon at ouco in thofamily, and pursued succoss- fully until a physician is callod. Ilnmlyn states, first, that cholera Is always proceded by didrrhoa. Thuis is ite_inciplont atago, The troublo iu, too mauy neglect thoso first approaches, Tho monster may thon be baflled with comrnnnlvn oaso. Tho firat two, and most essontial, points of the. whole troat- mont are : rost, and rofraining from water. For this jnciplent atage, ho used mixture No. 1, com- posad of tiucture rhubarb two parts ; laudanum and eamplhor, each ono part ; doso, from half to » full torspoonful, ropeating if neccssary. The thirst may bo alloviated by a_teaspoonful or loss of guw-Arabio water nccnaiam\l?y. Should the dlsoaso proye obstinate, or have advanced to the rico-wator-discharge stato, then moro vig- orous monsures aro noodod, The pa- tient must go to bed and miay thero quictly. Mustard plastor on pit of tho stomach (pure mustard, not tho sdulterated), Bags of hot ashes, or Lot brioks, or bottlos of Liot water, near the Dody, if case ia very bad. Thon give mixturo No. 2, consiating of ‘capsi- cum, cardamom, ginger, and laudauum, equal poarts, Dose, from 15 to 80 drops, repeating if nogessnry. ‘Ibis will usually prove offectivo; but, in some obstinate casos, it may bo necossa~ ryto givo Injootions of laudanum’ and starch, In all casos where wator was takon, the diseaso proved fatsl. During tho convalescont porfod, for at lonst two days, rice-wator should bo takou El)lrlnuly for nourishment, tho rico being first al lg‘lxuy ronsated. ‘Whon the disoase comos, tako rost at once, end don't take water. Fuiexo, —— GERMAN DESPOTISM. RaoiNg, Wis,, Tu the Editor af The Chicago Tyibune: Sm: I read with groat intercst yourcorre- spondent's lotter from Cologne ip your issue of Aug. 6, aud your editorial comments thoreon, which I behievoe to be perfectly corroct, This momiug's TwinuNe containg a lotter, sigued “ Ropublican,” dofending tho Qerman Govern- mont “against your and your correspondent'a criticlsm ;, and, with your permission; Iwill say fow words in roforenco to it. 11 it bo truo that political apathy In Qormany (which ¥ Ropubliean fully admits) arises from the fact that Govornment docs uot pross hard on tha people, the samo is truo, by nnalogy, of the political apathy fa Turkey and Russis, In this country, wo aro not apathotio, because wo xnow wo ean bring about any dosired ohango in our country's policy, In Gormany, politica} apathy arises from a settled conviction that the people ean provail nothing sgainst Govornmont, and the very idea of & wcrious opposition to Aug, 15, 1873, “nrticulation is Qovarnmont seoms proposterous to them, If you agle thom why they do 1ot oppore thin or thal which ia distasteful and oppreanive to the gron! masa of tho mo]))o, you are invariably answor- od: “ Wiat's the 1igo of running your head agalnet the wall? " Itis all hosh to sny that logialatlon fn Qermany hnd n populur source. Everybody in that country will toll yon that no Inws aro, or can over be, éunctod which aro lllun»hui to Princs Bismarck and Kniser William ; and, if it should happon, ns was tho cano junt bofore tho Into Austro-Prussian war, that the Raprosontativo Chambore dp not absolutoly bow to their govoreign will, {2~y simply wot” them asido and ¢arry ont thelr own messures. All that * Ttopublican " saya abous the Prus- #lan school systom, and Governmont nterfor. onco n religlous nfi‘nlrn, only touds to prove that you didn't overatad ono lota tha dospotio naturo of that Qovernment in this rnsyuce; aud the oppresnlve oharncter of the military laws ha doeun’t dony i tho lenst ; ho only tries to paili- atoit. Qeormany is surrounded by powers koep- ing up largo standing nrmion; orgo, Gormany must do the samo, and can't help it. Within tho Inet decnde, Luropoan standing armioa have beon doubled in strength ; now, hasu't Gormany beon tho principsl camse end lover in this delightful “progress” 1 cannot here entor into dotails, but [ say, in conelusion, that, ovon tworé thero no mi Ilnr)r powers around Gormany, that Lmplre couldu’t oxist without a Tnrgo ulnude army ono twelvemonth,—for the solo renson that it is a despotio Government. Prugsia has novor asked tho mllliona annoxed in 1866 whothor they want to ho hor subjects or not ; it i8 by moro forco sho halds Alsace and Lorraine, whore not ono in s thousaud inhabls tants chorishes mx{ sffection for Cermavy ; in fact, 8ho hna ovor boon extonding hor dominton in a'bigh-handed manner, with ntter dlsrogard of ‘smgmlnr rights, troating nations like chattola; and, to thia vory dny, she rules mainly by bruta forco in the old” provinces of 'osou and Bilosia, If Moxico would anuox Cnlifornin and Toxas, and hold thom in submission under tho pretence tl, n timog gou by, thoy woro Moxican terr- tory, it would bo -about ag just s for Germany to annex Fronch provinces ; and, to be suro, Moxico conldn’t holp keoping a Jargo standing army in guch a caso. Cuanczs Joxas, i R el 15 BARNUM’S SIIOW. The Grentest nnd Nest Show in the ‘World. Chicago has becorno accustomed to giant au- diences sinco the Jubtlee jam iu tho grand dopot of tho Lake Bhoro and Rock Island Rallroads. Bho can contomplats, therefore, with calm eatis- faotion tho enormous crowds that file in and stow themsolves away undor the monstor tent of Barnum's Circus, on tho cornor of Eliza- both and Madison streota. Thore s Do other remson for this gathering than that the circus is, without any oxcaption, tho largost, bost appointed, aud most complote that has oyer been seen in this city, and that Mr. Barnum's claim to having tho bost show in tho world is absolutely true. The appointments are of tho most olaborate charactor, A reporter was shown round among the extemporized stables, and tho dining and eleoping rooms, tho ‘monstor kitchons, and 6o forth, and could not roproes his astonishmont at finding them ar- .ranged on 80 genorous & scale. But, ns the gen- oral visltor would not have time to do moro than iuvestigato Lalf tho curiosities, this notico must Lo confinod to what ho will seo. thero, Tho collection of animals is very largo, tho menagerio boing, like the ring por- formanee, bottor than any in tho country. Among the curiositios that first strike tho oye aro tho two ungainly nmphibious crontures in & cago, with an cnormous tauk of wator. Thoso a0 gonnine soa-lions, each nbout cight times ss big a8 the ordinary scals which are pulmod off on the public. They aro strange-looking fellows, with Joug, white moustackes, and heads shaped like plume, Thoy &ro quite tema. Another ui;flxt, and o very protty one, too, is tho _pnair of young giraffes. Tlhiguo aro very delicato animals, but very pratty, and as dooilo as kittons, Though bablos, thoy stand high above the tallost camels, whilo thoir Dodies are searcely as Inrge o8 thoso of o good sized dog. Thore aro four elophunts, two of thom only, * Botsy " and * Gipuy, " saved from tho last firo. "I'hero is & dog with them, botween whom aand the elnlil.\lmw thoro is a strong slli- ance, Tho dog follows thio great honsts into the ring, stands upon and undor them, and novor leaves them, oven to sleep, There aro somo fine specimens of tigers, lious, loopards, Jnughivg byenss, and othor furious brutes; ‘o wholo drove of Bactrian camols; two ren) connibals; Admiral Dot and Commodore Nutt, an armless boy, and such a varioty of thivgs that1t would take ncolumn moroly to refor to them. The “talking-machine” is a cue riosity which dosorves especial notico. It is built upon tho &nme principles as tho human organof spooch, with a flexible tonguo, The sounds originato from n Eflir of bollows and ° stops, and aro rogulated by the tonguo. The orfect, but tho voico_ is rathor monotonons. Tho words o-raco Greo-loy cau bo distinctly heard over tho whole suditorium, So onormous 8 this-covered spaco that two onor- ‘mous rings are not sufliciont to fill the intorior, aud yot every soat in tho amphithentro was filled, there boing not less than 10,000 peoplo present, Nhiq firat act is an_Oricutal pagennt, and is very interesting, Whilo tho living eariositics are bo- ing exhibitod in ano ring, some oxcollent gym- nnatic fonts aro boing carried on In the othor, on tho triple horizontal bar, one act of which never fails to call out a roar of approval. Prof. Bushnell, standing with ono leg on the invisiblo wiro, can do woro Jugglory Hian almost any compotitor on tho ground. His *impilo- mont feat,” with Madamo Bushnell, is one which Jeaps the hair creeping, beesuso it seoms too bad to run even tho romotest risk of injuring 8o Dright » littlo lady. But sho apponra rather to onjoy having a_dozon kniven whistle within a quartor of an_inch of hor faco, and does not even wink, It would bo impossible to mention ench individun! act, but one or two may be ge- locted, Who groat cannon oct s a wondor. A'llc Angels, 5 Trench woman of unassuming mspnors, and standing shout _six feet in her slippors, carrica upon hor shouldors an enorinous brass cannon— it ordinary fiold-picce. Sho stapa into tha ring with this toy upon her shoulder, and & smail hoy Jumps_ up ou tho top of it, aud firos it off. Thera must be consideracle recoll to it, but sho doea not budge an inch. or Sobastian, in his por- ilous * carrying-act,” in his baroback ride, witli- out snddla or bridle, carrying his littla boy Lonia on Liis houd,is astonishing. Itis a teat whichrivets attontion, and aiwaya desorvedly Lrings dowu the lhouse. All~ the riding is good, Frank Barry, tho English barcback rider, Mastor Matliows, the boy burdle-rider, Mise Lu- cillo Watgon, from Astloy's, and Mies Viunie Cool are, in thoir spacialties, witliout a suporior in tho_country. Thora ure_some magnificont horsos it tho colloction, both in poiut of appenr- auco and intelligence, aud the clowns, Gus Lee, Jorry Hoopor, Mons, Aymar, and Mastord Goorgo and _Jerry Mathiows, cannot bo beaton, Wo might add plenity moro about this onormous s, S ot b o oo to sey uylhang aore than that the moat fastidious will ndmit that the claim of the indofatigablo propriotor, that ho lina a * Groat Moral Show,” is {us . Thore is evory- thing which to amuse, much to instruct, nothing to olfond, and this i high praiso. e A Very Surprising Surprise Party. Thoss surprise partics, someliow, noarly al- ways turn out upploasantly. Thoy tell Rbout ono that came_ off up in Tonneeticut rocently which was not half as joyous as it shoult bhava boen, It was roported of o man aud his wife, who hiad boen married for many yoars withou! having any childron, thut thoy ‘had at last boon mado happy by tho birth of & daugh- tor. Bome of cflair Trionds _dotorminod to give tho man a presontation surpriso party. Bu wbont forty persons marched up to tho houso, o0 evoning, carrying & cradlo, and lots of gum= rings, and Flus, nnd botlos with gum uozlon, wnd & baby-carringe, and somo littlo night- gowns, and o coral armlet, and & gross of woothing syrup, and puregoric, Aud thoy all ‘burst into the parfor at ouce on tip-too, At \hen the man in amasemont, ueled them what they meant by such conduct, thay enid thoy wero coming quiotly, so ua not ta walio tho baby, And whon ho- blushod nnd stnmmored and aaked, *Wlhat baby 2" they said Hin baby, and began to liaud him tho thingy, and to lond him up with soothing-syrap sud gum-rings, until’ ho tloored one of the guonts with 8 quart Dbottloe of parogoric, and held him down until he expired. And thon {v was rovoaled that it wus all & mistake about that little daughter; that no such arrival had takon placo at all, but that the roport wag false. Aud thon tho surprise party wad s grest denl moro surptised thun tho man was; and tho guosts gatherod up that infant furniture sud tried to yrn!nm to the man that thoy nover thought ho hud a doughtor, but that thoy undorstood ho had seeopted o position a o divector of an orphan asylum, and that llln{bmught around & fow things for him to distribute’ among the puor futhorless childron, Tho man enid it was singu- larly thin, and thon the company wont homo, Tha Conatltutional Gonvention ought to udapt somo Lind of & moasuro to prevout thoso wids takps~Aax Adeler.