Chicago Daily Tribune Newspaper, November 22, 1873, Page 3

' THE COURTS. lmporlanl Deciston on Jurisdiction of, . Federal Courts They Have Not Original Jurisdiction Over Foreign Insurance Companies. Another Mechanio’s Lien Against the’ Kingsbury Block. Hofivy Doy in Bankruptoy --- Horo ) = Playors o the Panel-Gawe R Convicted, Two Interesting Decisions from i the Suprems Court. <Sudge Blodgott yosterday rondored o decleion tn the case of Higgins for ugo of Lnzarus Bilver- + tuan, agausb thoe Toutonin Insurance Company, of Ohlo,: In 1860 LazarusSilverman commonced an action against the above Company in .tho Unitod States Cirenit Court, olniming tho amoung of a policy in said Compnny o & distillery in tho ‘West Divislon, which hiad beon burned. A do- murror was Intorposed boeauge tho policy was mado to Edward Higging and others, with loss - payable to Silverman, and thoaction should have heon by Higgins for the use of Silverman, Tha domurror was sustainod, and tho caso dismissed. - Higgiun thon brought suit. A special plen was ‘ Proudfoot, filed by tho dofendent's attornoy, Mr. Lawreneo alloging that the defondant was o corporation, existing and doing businoss undor the lnws of Obio, but had nover been tound in the Northern District of Illinois, and aonco had not and could not bo served 8o ad to givo jurisdiction. To this plon plaintiffs do- murrod gouerally, and tho docision yesterday g on this point, ¥ Plaintifts claimned that tho sorvieo on the ngent waa sufiicient; that the netion of the Btate Logislature made it incumbent on foroign insur nnco companies to havo an agent appointed hero - on whom to serve a vald process, if they wished to transact busincss in this Stato, and the smend- mont of tho law in the Federal courts adopting 80 far 8 practicable tho practice of tho Btato courts, cunbled the Federal courts to ostablish Jjuriediction by servico of tho sgent. Thodo- fondant replied that that modo of servico only applied to the State Courts; the law was well _sottled that tho Stato Loglslatures could not en- Iargo tho jurisdiction of the Federsl Courts; if such could bo tho case, thon by s parity of Fonsoning tho Logislaturo might poss acts that ‘would wipe the Federal Courts out of oxistence. NMorcover, tho amendment of thoact of Congress only applicd to tho question of practico and not to thut of jurlsdiction. Though it might scom at first blush that by the law that citizens of different States might suo cach other in tho Fedoral Courts, yet tho further pro- vision . that It " must bo when tho dofondant residos or may bo found rendorod it imporativo in tho prosont instanco for Higgina to bring suit in Ohio, and thata corporation could -not change its Linbitat 8o as to be found in Il nois. In lis opinion Judge Blodgett, after briofly "stating the facts, and that the question wau ono of jurisdiction, romarked that o~ corporation haa Do oxistence outsido of the State whoro. it was croated and such other Statos as, by comity, ex- touded to it cortain privileges, and tho Inw ns gervico of procoss whore the dofondant may bo found raises tho question whother the Company way be found 1n Illinols, The provision of tho Stato Cousts Lo sorvico on_au o, o fust Tosido iu_ this Siato if tho = Company the principal) doos _ busingss here, ogs not extend by _ its terms o the service of process in tho Fodoral Courts, ond tho only way in which these foroign corpor- ations can bo sued bLere is by commencing the sotion in the State Courts, where jurisdiction can be obtained.. They arc not found here within the menuing of the 11th Bection of tho Judicisry act, simply becauso thoy have an agent bere wiflun this territory, The demurier wos ovorrulod, and the cnso ordored to be dismdssod. BANKRUPTOY ' ITEMS, Stephon F. Whitmen & Son, of Philadelphia, filed o potition in bankruptey, Thursday, aguinst Carlo lSunmual, confoctioner, at No. 185 Twemty- socond - stroat, wlich viag supprossed oo day |- for service. Potitioners nllege that Marmneei is indobted to them in the sumof $560.90 for goods sold and deliverod, and allego that ho did, on the 17th of November, soll his stock to some ‘one unknown, with intent to dofraud his credi- tors. A rule to show cause and provisional waz- that Michnol Liag ki I‘It tho wholo amount, rofus- ing to give 1t up, ITo has alao taken to imsol? o wife, and brought hor homo, aud now i mak- ingg vigorous offorts to drivo his mothor and uin- tors from tho houso, whith ho claims an his own, Complninant statod he i givon to drinking and late hours, Sho naka that ho mny bo onjolned from troubling hor any longor or attompting to Qisposo uf the proporty, or confess ,ludgmom. ] and for an ln}unnuon and accounting of tho nmount rightly duo hor, TILL ¥OR HELIEF, IHoory 11 Honoro brought his bill of come Flnlul yoniorday against Jolm DoKoven, ndmin- ytrator oftho ostate of Tonjamin I inddock deceasod, Barah D, V. Haddock, and Benjamin ¥, Hnddock, Complainant states that in 1870 ho Iind somo outatanding tax-cortifientos on somo lots on ‘Milwaukoo avenue aud Dosn sireot, which ho dosirad: canceled, and un(flngod 1. nddock, doconsed, to buy them for him. Com- plainant gavo Haddock o noto for 1,460 to dis- counl, and ugo the proceeds to pay waid tax- cortificates, and Haddock gunranteed it, on tho. condition that Lo wae to liold tho_cortiontan: -until the noto was pald, and bo rolicvod of afl linbility Ithoveon. ~ Iloworo alloges thnt Had- -dock dlod without having givou o quitclsim of | hig interoat. That he, complainaut, i3 ready and willing to pay sald noto, and asks & convoyancs of nll tho intorest of doceased to him by tho ndministrator, . AUIT AGAINGT TIE C. & No W. B. I CO. . Pator Wost filed his doclaration in the. Su- Ro:lm' Court yostordsy against tho Ohicago & orthwestorn Rnilway Company. o alloges that in Juno last ho waa in tho employ, a8 a cor~ pontor, of the defendent, aiding in tho bullding of o bridgo nlong its_1ond,. in Dolta County. Mich, During his work it wusnecossary to cross tho bridgo ; and whilo on it, a haud-car run by dofondant's agents suddenly knockod him down, bronking his ogy aud otborviss ijuring im sot veroly, o has boen 'obliged to lny out dargo sume of money, and asks a8 & rocomponse for Dl oxponso mid injury tho sum of $10,000. DILL FOR SPECIFIO PERYORMANCE. Willism H, Butlor and Francos, his wito, filed 2 Dill In the Superior' Court agaivat Adolph L. Jaouchlko to compol him_to perform his agroe- mont. Thoy allogo that Jacachke siymed a con- tract to buy s ploce of proporty on tho southeast cornor of Cass aud Ohio streots for 27,000, $3,000 cash, and_ to "assume n mor'gngo for 84,000, the hannin to bo comploted 4s s00h a8 tho abstract could be procured from Conuoeti- cut. Thoy nlloge n porformanco on ihoir part, but Jacschke will ot do his share, claitning that . the grantors cannot convey good titlo, and @ swit 18 the reanlt to compel a speific performanco, . . THEY WANT TIEIR 8 PER CEN, Augustus Bauer sud Robert Locbmitz, archi- tocts, brought o bill against Jool J. Spalding, Oharlos L, Spalding, John C. Ruo, Chnrles Hitch- cock, Bonjomin E. . Lawrence, and ‘Edwin F, Lewrence, Thoy allogo that they ware ongnged to propare plans for and suporviso tlo orection. of a building on Lot 18 and part -of Lot 14, in, Asgessors’ Subdivision of Block 118, School Soc- tion Addition to Chicago, for J. J. & C. L. Bpald- ing, for which they wore to recoivo 8 per cent of the total cost, Compluinants sllege thnt tho building cost £98,400, thatethelr sharo is 91,162, and that they bave performed, thoir contract, and ore entitled to tholr rccumponse, aud ask for.n lien on the promises aud o eale thoreof for thoir benefit. THE BUPERIOR COURT. Samuel Friedmon and Charles Bacharach, brought suit against Willlam Yeichmann, for 2,600, “I'ho’ Thajor & Toboy Furnituro Company commonced. an nction sgaiust M, H. Gardnor and Fredorick Gould, for $8,000. Aun action_in nsuumy;lt was begun agafust ‘Willam A, Ewing by Dodgo W. Keith, to re- coyer 812,000, ' Mary Krull by her next friend Carl Krull, complaing of Haunoh and Friedrich Riotz in o Pplen of trespass for 28,000, P Ezra B, McOngg filod o proolpo in assumpsit against Samuel J, Jonos, for $1,000, Obristinn J. Hoffman filod an affidavit for an an_ attachmont against Thomas B, -Hughows, claiming £5,000, 1"nm53 Malone brought euit against Jolan Qonley, Charles Mdore, aud M. ¥, Moore, for f 1,000, i A suit was commenaed by Walter O. Boyle. to rocover $1,000 from Thomas W. White, Ednmrd Thomas, ond Thomas White. William H, Van Oroum commonced - suif ngainst Goorgo Chappol for $8,500. John J, Vanderlip filled o petition agninst Asahet Plerce for o mechanic’s lion on his build- iog on Wobash avenue, betweon Jackson and Van Buren stroots, claiming $1,824.79. 1Mo also makes defoudnuts the United States Mortgago Company, Barah J. Sauford, the Manufacturors’ Hational Bank, the Citizons® Nationsl Dank of Miunesotn, Georgo E. Stanton, Luvius 8. Pardeo, ‘Wolls Lako, A. . Bishop, Willism Loab, Will- inm M. Bailey, the Internntional Bank the TFifth National, of Chicago; Emorsom W. énut:, David Blakely, Cyrono Dlakely, tho Illinois Staats-Zeitung 'Gompany, Albro Bishop, Herman E. Baer, and Edwin L. Brown, all of whom clnim somo Interest. August Waubaum entored up judgment against William B. Golsen for $1,295, on soven promis- sory notes for $150 each, with intorest, Ouo Earnshaw, Emsutiel Larnsbnw, and Jobn Worthy filed a precipe in agsumpsit against J. B. ‘Blechtor for 81,200, An nction of asaumpsit wos begun by Willinm R. McKcen and Dolos W, Minshall agninat Leo- pold A. Hart and Josoph Hars for $2,000. COUNTY COURT, In the matter of the estate of John H. Smail, Daniel Cameron, Goorge E. Marsball, and 8. T, Hanchett were appointed appraisers to n}:gmixsu tho partnership assots of the late firm of J, H, xl'a% of seizure wore issued, returnable Deec. ¥, A ; Tlio Grundy Connty Nationa] Bank filed & pe-#| tition aglust Bonjainin Lombard, alleging au. unpaid oto of §2,287 duo tho 28th of October 1ast, with ivterest at 10 percent., and gunranteod, | by L. L. Longh, Thoy allego ~ that Lombard! bas made ‘o proforential assignment of fifty-four shares of stook in tho National Life. Insurance ompany, and fifty-four ehares in the Tranklin Bank as dollatoral socurity to tho Na~ tional Bank of Illinols. Also that ho made ag- signmonts_of various notes and mortgages ng— gating 84,470, and gnve warrants to confess fi‘«igmouts on goveral notes. Lastly it is.. charged that e has allowed bhis property to be:; takon on legal process on ‘judgments to the-| amount of $8,148.78, whioh judgments wore en- tored up by coufossion, A rulo to show causo was issuod returnable Nov. 29, 1878, ~ 1In tho caso of Beckman v, Dreifuss, on or-. dor ot dismissal was entered unloss objections are filed in ten days, a cortificate having been filed that all creditors who had proved their debts hud consented to the dischargo, The Assignes of Henry M, Knickerbockor was authorized "to soll baukrupt's stocle at not less | than 50 por cont of the inventoricd price, ) J. 0, Ornhaltzer wns adjudicated bankrapt by dofault, and warrant issued returnablo . ec. 23 Bmith & Coats withdrow their donial, and wore edjudicated bankrupts, and & warrant fe--| suod returnable Dac. 23, 1878, R. E. Jenkins wns appointod provisional As-- signos of the estato of A. Opfnnuwln‘ In the case of Joseph A. Lafforty, an injunc- ! tion was iwsued sgainst tho Bheriff of Cook ! County to provent_him Bullmfincortnin of bauk- | rupt's proporty at Lemont to-day, consisting of | lime-kilng and horses, | In the case of John H, Daniols, an ordor was entored to gell cortain renl ostate. Another to pay $6,000 on o trust deed, and to balauce due on bankrupte' land in Kausss. William A, Buttors, and W. Henry Butters, were adjudicated baskrupts by default, and a warrant issned roturnable Deo. 24, 1873. Alex- ander 8. Bradley was appointed provisional As- signeo, and filed n potition to provont o sale uu- der o frust deod to Bonjamin F. Guyton to so- curo tho paymont of o uoto, which &ale was to take place to-day, An injunction was isgued in accordance with' tho petition, A An ordor was mado that tho case of Josne Groen ot al. bo dismissed unloss objections aro tilod in ten daya. ANOTHER MECHANIC'S LIEN AGAINSY EINGSBURY BLOCK, Another potition for a] mechanic's ten on the Kingsbury blook ws commoncad in the Superior Court yestorday sgainat Jousthan Olark, " Ho represonts that ho did o large parc of tho om- penter work, nnd also largo mmounts of oxtra work, and claims that thorois duo him on tho original contract 84,000 ; and on oxtra work and by eramma incurred through varlous dsl‘?{fl, he is ontitled to & further sum of 7,780, mal "fl in all tho sum of ¥11,780, IL V. Nnguhux‘r, v Lawrence, Albert G, Lawrence, Jamos 0. Kings- bury, the United Statos Mm-lfingo Company, Anton Bporry, are mado parties defendant. A MOTHEL AGAINST I(EIl HON. Johannn Regau flled a il in the Buperior Qourt yosterdny ngainst hor faithless son, Miclinel” Regan, Blo states that through her son she leased a lot, No, 33 Ponrson strest, and built o honso thoreon, nho contributing S04 in monoy and £80 of lumber, Michaol also gave $60 worth of lumber, and id &80 worth of woil, nnd hor sintor, Miw Crndy, gave 80 worth of Jumber, With these combliied mosus the houso waos ercotod, und compluinaut, hor two daughtors, and Michao! Lisyo sines livod thorein, By Homo mistako the leaso was taion in Michaol's nemo, Mrs. Regnn hud some monoy nb interost, and whon it fell dne ~sho wus siolt, Michnel thoreupon camo to hor, and qekad for tho peeurities, s 1o could_cotleot the umount uo, £400, and he would do it for her withant anychargo, Bho, trusting himn, aliowed prhn b0 recolvo tho money, but s umwod o loarn Bmll & Co. Frodorick Polonski was appointod ndministra- ‘tor of the estato of Wilhelmina Polonski, under a bond of §2,000. In the estato of Juliug Brosat, thoe clalm of tho oxeoutrix, Paulina Deorking, was allowed for $1,476.57, - Tho final nccount of tho adminietrator of tho ostate of Frodorick Blorman was approved and order mado that, whon tho roceipts of the heirs ara filed, the administrator bo discharged. The will of Peter Rieger was filed and an or- der mado that lotters testamoutary bo granted to Daniel magm- on his filing & bond inthe peuai sum of §5,400. ORDUNAL COURT. Judge Farwoll was occupled all day yesterday in hearing the pancl-game cngo commencod Thursday. - At about 4 o'olock tho jury went out and returned in an hour. Thoy found James Gonwn{onnd Patrick Harris guilty, and sontoncod thom ton years onch in Jolict. Bridgot O'Brien wag givon five yoars, and James Tracy and James Pondors were found not guilty, and John B“‘:’l‘y was found gulity, but under 18 yours ot age. The prisoners woro remnnded. BUIT AGAINST TILE OITY, Thomss W. Blaynoy, in tho declaration filod b{ him yostorday in tho Bu}mflur QOourt, com- plaine of the City of Ohlcago for nogligonco. Ho states that on the 21st day of Juno lnat ho wos walking in the sidowalk on the northweut corner of 8tato and Wauhingjon streots, when a plank, improporly fastonod, gave way, and Lo fall, hunlw 0g, for which h nsks the modest sum of &,600, THE CONDEMNATION OASES. The jury in_Judge Willisme' room have cone cluded the North Btate strect condemnation onsos, oud about § o'clock last evoning agroad on ke vordiot, which, in accordance with an ngroo- fment _between counsel, was sealed, and they separnted. It will be deliverod this morning probably. The cages have been on trisl for nearly amonth, THE HOWELL CABE, The Howell case is still slowly u?rocmsulng. ‘Yasterdsy was acoupied by plaintiff in offering evidenco to provo tho valuo of the machinery, and a half-ton or 8o of cogwheels and old iron, _remnants of tho muchinery, was in tho court room to give weight to the teatimony, ¥ UNITED STATES COURTS, . 'The Grundy County National Bank brought sult against Lovi L. Loach for $2,000. ‘The Wunkegan National Bauk commenced an action against Walter 8. Bogle for 1,000, i OINOUIT COURT IN DRIEF, Henry Williams commenced au_action against Artice B. Meeker to recover 5,000, Harry N, Brown brought suit againat Josoph E, Buipley and Oharlos O, Harrls for 810,000, SUPREME COURT DECISIONS. Speetal Correapondence of The Chicago Tribune, Otrawa, Nov, 21.—Herewith I send copics of tiwo opinfons rocoutly filed in thoBuprema Court, ‘hoth of them relating to mattera in «the/City of Ohicago, andl both Involving some quoutions of more than ordinary intorest, A ourlous chapter in human life is involved in tho following caso, Yoara ago, Thomas Adlard, then almost a boy, camo to Ohicago. Ie was ovontually employod by the great paluting firm of Ioath & Milligan, and hocamo o firat-clasy artist in grainiog, IHis wages for yoars appear to Linvo beon from B16 to $20 o duy, DBub some- how or othor Lo could not rosist the fascinations of & Jady somo fifteon or bwenty yonrs hiu sonfor, reslding on West Madison stroot, and, baving for somo {imo boon & rogulsr hubitue of hor + place, Lio nt last undortook to marry tho woman, " Xo was earning mouey by lis Iabor ; 8ho by hor profession ; property acoumulatad, bub somohow or othor it was largely in hor hauds, o sued for divoreo—whioh was grauted, Sho wanted to rolaln the property—to this ho domurred. 'Who Supremp Tourt hias now finally sottlod tho caso ¢ Many ANN_ ADLATD v, THOMAR ADLARD,~—Poition for rohearing, Oplnfon by toeto, Olfof-Tuatlco—This wan w Uil In Chaneery, uxllfl)"m‘ in, the Quok Clrenit Conrt by Thomaa Adlavd ngainnt Mary Annt Adinrd, aud {8 bes foro un on s relionriug, 1t apponra by the bill of come- plalut aud the proofs in the_cause, that thezo partion Wero marrfed 1n 1802, complamaut then being about 43 yours of nge, Junt oul of hls nppronticorhip, and tho Gofoudnnt o witiow of the moro maturo ngo of 38 or 40. Xrom tho timp of tholr marringe up to March, 1638, thoy Hvd togother ns muh and wife, Gomplnine ant ‘nlloges 4 U tmo of iy marriago lie was tho owater of framo building, situatod on Teaned Ind fn tho Ofty of Chicago, wortli nt that timo sbout £800. "Lt dufoudant was wortls only ot woarlujr apparcl tnd a small quantity of furniture; Comulainant was st oruamental painter and grainer, aud afnco his mmarriago had dovoted all his timo to hin nrt, realir~ “iug lorge profts therefrom, his averago dail Tecelpls thronghout Uio year boliig from $13 to $20, "Theso carulngs, complalaant alicges, ho placad in tlid Honds of dofondant, sho being sequalnted with buale nose, aud Lo hnving nonoe outslde of hia art, to keop tho samo, and to fnyeal them from timo to time fn such property ey compluinant anight seicct nud pucclie, oluig greatly cantrolled thereln'by defendant, Therd appoats 4o liavo becn nix difforont pleces of roal cs- tuto—city lota—clafmed to have been purchased with the monoy eo pluced In tho handn of his wifo, the. deeds; fox which, 3t s allegod, woro taken by iy wifo in her own nume, with complaliant’s knowledgo or consent; , that Lis wlfo informed bim, from timo to timo, when! tha purchasos wero mado, that the decds wero mado to them jointly, aud ho supposing mich was the proper modo of conveyingf real ostato to o mncriod man was | uatisfied and paid o further ottontion (o the matter, holioving that tho titlo to tha lota was in himself alone, 1o alleges from tho o tho lots woro purchosed i commonced o improvo them, orccting bulldings ou hoso most valubloi Improved ond ro- paired tho Lulldings ud ‘fences on obhcr lots s and thero was, av tho timo_ of filing tho bill, | on thg property’ known na No, 16 Fourtli avonuo, & Jargo brick hoitso, threo two-atory framo dwolling- houses ou othor lots on Hubhard afreet, and three cot— tagos on Tots'on Peulina strect, tho valuo *of all of ‘which s ulloged to Lo $25,000, with o rental of $1,200 por annum, Tho ncoposnd’ cbiects of (o Uil s to comypol defendant to couvoy {hio proporty to camplaine nnt, lio nllcl;hlg e hing ilod a bill for divorco, sud that dofendant Is making proparations to scll tho property aud pinco b beyoud gomplaiunuts rencl, she Lorae (o tako hier doparture for n (orul;{n country with ber pare amour, It 13 cinrged that defoudant has collocted all - tho rents, no part of which has sho pafd over to com- plafiant,’ Tho prayor of tho bill i3 that tho defeadnnt o compolied to unite with complainant, ot alono, ina docd of trugt to u third party for complalnant’s henge 1it, and hio deorend to convey tho lots by good-and suf- ficlent deeds, #o that the tiilo to the samo may vest in complatnaut, and ta repay complaiuant th monoy col- Tected by Viod for rent, ind thal. slio bo' onjoined from selling, leoslug, or in ouy way disposing of the property, 'or {uterfering with tho kamo, ozcept under the order of {ho , Court} and (hat, {u the meantime, o _Rocolver bo appolnted to’ {ako ponsossion amd cliurgs of the proporty und collect the renta, An Injunction was allowed by the_Cieenit Judgo, snd anlidavits recelvod by the Olrcuit Court in wupport of the uvermouts in the LI, Tho defendant appeared and entorad a 1notion to dissoive the injunc- tion, which tho Court disallowed, and required de- fendant to plead, st the samo timo appoluting o Re- coivor s yrayed 'for, Tho defendant put in’ hor an- | swers under oath, nl(.lmugl}‘.l the oath™ wns varled by complafaunt fn bfs bill. Tho avswer dinits (ho e riagound cohabitation, but donics mont of tho other roatorfal facts charged” Exceptious wera taken to tlio answer, which wers disaliowed, aud n_replication put’ in, ondthie causo sot for hoarlug, Much festimony, wis tnken and o decreo passed du- fovor of _tho conie plafuant; sllowing to him one-half tho propésty, To revorso this decreo tho dafendant appeals and asslgus varlous errors, _As the bill of complaiut walves in on- swor mder tho oath, tho nmswor of dofoudnut lthough undor oath, can regarded only 08 0 {;Imllng in {lio cause, to which. the' onth uikls no foreo.—Mooro o uz, v, Hunter, 1 Gil,, 917 ;- Wllenborg v, Murphy, 30 1l 344 ; Wallwork v, Derbiy,, 40 1b, 527 ; Hopkiua v, Granger, 62 ib, 604, ‘Tho" evidenco on somo poinis (s Sonficting, but, from tho wholo tonorof §t, wo ars satisficd the pro- ceeds of complainant’a labor amouuted to many thous- and dollars, patt of yhich ho put in posscssion of do- foudant, notus a_gitt, but for safe-leopiug, slo bofug. 8 womon of business capacity, of mature uge, and of oxgierionced knowledgo of tha world, ho himsolf beln youngand inexperienced, iynorant’ of business, wl contiiiog fully in tho el sud Judgmont of bis wifo, : Tho qubations mado upon tho record are, Do tho Proofa adow that complatnunt’a nionoy paid for theso plecos. of proporty, sud for whnt parcols? Was tho title to thom ncquired Insuch b map- ner by nppollant ss to ralso A trust n which coiuplainant {8 the un)a‘ ‘beneficiary? Cana amarriod womat bo sérusteo for her husband, and can sho be called into Chancery by bim that sho may bo compelled to perform tho trusi? Wodo not deem it necessary to determino cither of these questions in the view we have taken {n th 0. 1t appears there wero six difforont parcols of xoal entate purchasod. und doeds taken fn the namg of ap- llant, Thoy are described in Exhibits A, B, C, D, and F, That deseribed In Exhibit A was purchase of Woll Schaefler on tho 14th of August, 1863, and that in Exhidit B on tho 13th of Ostober of the samo year, tirough B, W. Thomus, neting for Chinrles Toboy, the owner. These deeds cortaiu theso words : * This con- Jyoyance {s made to said’, Mary Ann Adlard, wifo of ‘Thomas Adlurd, und to her Leivd and assigns forever, for her sole and ueparato use, benefit, and_ behoof, o n Beparale eatato, fudependent’ of hor husband,” ' Tho word “forover” is omitted in Exhibit I, It 48 claimed by appelleo that ho had at this time ability from tho earuinga by u laboripus prosecution of his art, to mako these purchages, and to pay for them, and his monoy was #o applicd Ly appeliant, Taking his for true, What i Lo reasonablo presumption, this ¢clnusg boing fusorted iu cach of these doeds with tho knowlodgo of wmslnlm\ul who examined (he paptra? At e respective dutes of these doeds, tho relations between tho partles were of tho most cordial mature, aud the inferenco must be, as expressed fu the deeds, thnt ho intended these pieces of property should cone stituto in nppellant o scparate cstate, wholly indepoud- cnt of W, Tu fact, thare {8 no room for inference, and no frand is proved, Thot oppellant Lolds thess })Iu:nu of property in trust for uom‘ulnlnnm, 1a wholly nconsiatent wich the terms of the deed. Sucha pro- vislon for tho wife, at tho time it was made, was not oxtravagunt or uurcasonable, Prudential considora- tlons mighit well conspire with marital regard to pro- vido somothing certaln, for ome complainant had strong inducaments to provids ‘Thero is nothing fn tho facts pertaiuing to theso purchases roquiring us to imply a truat, but tond strongly toshowa scttlenient by complainant of this proporty upon his wife ns an In- dopendent estats beyond the control of complaivaut, ond uch should Lave been the doorsd of tho Oircuit Court, As zeands tho property dcscribed fn Bxbilits O, D, E, and ¥, the evidenco is wot eutirely satisfactory ‘whosanoucy pald for it, Complaiuaut claims ho paid the whole of it, whilst appellant insfsts sho paid for theswnovoral parcels, sud alwo for tho Lmprovements thercon, It {a difiicult to belleve, in the facoe of the ©ovidenco on belialf of the complainant, on o consideru- tlon of tho motivea which ususlly prothpt couduet, that compluinant futended his earnings, which wero Lirgo, aud which Liv 50 ofton doposited with hia vifo, showld boappiied by her ln making a provision for herself exciusivoly. ~When we consider- that in 1863 he bad sottled upon his wife o very valuablo estate, and thereby niade awpla provision for her, it fu ditlicult, it not lmpossible, to beliove that ho designed his all should bo' approprinted for' hor bouoflt ox- clusivoly, Men aro not 8o gencrous, snd we aro unsblo to put ony auch terms upon thiose trausaotions, “Wo fail to find any evidenco {0 sustain the theory of oppellant that thioso parcels of Ll:opnny wora niended us o separate provision for hor, aving himself destituto, It cannot bo doubted thnb complaiuant had _great ‘contidonco [n tho bisfucis quatlfications and good Judgmont of his wife, and that #bio would make u jiroper uso of tho means with which he had entrusted her—that she would approprinte them in a Juaiclons manner, iu which, s tho results show, Lo was not mistaken, ' Tt is no doubt, nw argued by appellant’a counsal, & natural presumption taat o husbsnd placing bis money in tho hauds of Lis wife to Do dnvested In hor_namo, intouds It oaw specifio pro- vislon for her exolusivo benoft, yet such o presutnp. tion would Lo unreasonable whon a mechanic or day- Inborer doposits with his wife his daily, woekly, or nonthly earnings us he rocoives them, with a view, as thoy accumulated, to n permanent investment, leaving such fnvestmont' to Lier own Jjudgmont, and ro taining nothing in his own hauds, and making no roviaion for his own future, In this particular caes o prosuuiption would bo voky usroasouablo, kooplng in view tho fact of tho provision before mado for her, The proofs establish the {act that the parcels of prop~ erty were paid for {mproved by the appropriation of tho money of both partics, with no expectation ot tho timo that efther party would clalm sn exclusivo Tighttoll, Vo ary dlspossd {0 Lold, la rogerd 1o theso parcels, as the Olrouit Court held, that tho ‘were purcbased for the joint and equal benefit of Mli porties, and us to thoso parcels, the decreo of the Cir- cuit Court must be aflirmed, but as respecis the premisca doscribed in Exhibits'A and B, thoy must bo Deld and decreed, for the reasons wo huve given, to bo separate astate of appellant, and in Tospact to' them tho deorce of tho Clrcuit Coirt s reveracd, Tho causo will bo remunded to the Oifeuit Court, witls diroctions to enter a docreo in \cosformity with this opinion, Topis Srnens v, Hemzrea DEVEns : Appoal from 0k, Opinfon por ouriam,—Tho object of (his bill was to compol & specifle performanca of au wllged parol mgreement for o leaso of cortaln preudses for a periut of threo years, and, I caso suel relief could not bo de- eroed for waut of suthority iu_the uppelles to make the alleged contract, that appellant slwould be awarded compeusation and Indemuity thoretor, ‘Tho appol- lant claims that in AMuy, 1871, bo purchasoed of the ap= Tollos n stock of drugs’ and 'medicinos situnted ' n store building known ns No, 50 West Madivon stroot, at a prics sgreed upon ; und ot the somo time, and as a part of thio same trankuction, it was.agreed 'thot tho appollant should isvo o loaso of tho ttoro Toom foy & yuriod of threo years for & certafn sunual rent, It iy Bo claued “tho appelos tho * owner o o store “bunilar, o proporty " ud beon awned by her husband in - bis lifetime, aud having dled Toaving ehfldron who would inkerlf it, tho only intorest tho appollun hiad vins Lior dawer by tho property, Upon tho completion of tho saloof tho goude,” thy easo that was prepared for tho store- room was found to be for ono year fnstead of threo yeara s tho appallunt plegos” tho contract wus, Not- Withstanding tho lavo wis for ono yoar, tio - pellant, will o full knowlodgo of Hso porlod'it ind to Fun, necoptod it aud ontored fto poswosslan, Auppos. ing, oa ko says, tha sppeliec would perform por parol ayreement, Tlho luaso ws {u tho usial form, and pro- vilded, In caso tho tenant fuflod to deliver possession ut the end of the perlod dealgnatod, the leasor might re- entor and tuke meu'ulnn. It 14 further elafmed, by Taugon of tho dlsastrouu flra of 1671, tho rontal valua of the yremlies hud bocowno greally enbnucod over what thio uppollunt had ogreed 10 pay, At (ho expiras tion of the perfod fixed by tho luase, the appeliant bayiug fallod o dullver “up tho bremlned, appelice was nhout to 1 institute procoedings to 2 Jiscasion whou this bil was tfud Lo reatialn hov feom nterfering with hla possossion, sud for velief, Tho appellco 11lod hor ansywer, §iy which sbo spealfically ded. ulod nuy igreemont fo fent the [romisss sora Jonger porlod thun' eno year, a1 atoted i tho wadtton hinto, audat thu suno thuo enored o wotion to disolve the 0 S injunclion. Upon tho hancing of that molion the Gourt dissolved tho Infunction, and the partios havin stipulated Ehat io"aNidavie. fled inight s considered a8 dopositions, tho bl wan distulssed as on fipn) boar-" ing, Thoro fa'no prinoiple with which wo are familine pou which tho bill can bo matntalued, olthior as o tho rollo or indomity sought, I£ wo giva fho evideuce tho ‘moat favorablu consiriictlon for tho appollant, sad re- ard tho contract a8 Laving boon mndo as ha allogos, 1 clearly witiin tho atatuto of frauds, nnd no spocis performanico can_bo docrcod, Thoro' I nothing in 1110 pecullor facta of tho enso to roliova 1t from thooparas tionn of tho atatuto, Buttho actions of tho partics ropel tho 1den thero wan over a contract forn longor perjod {han ouo yoar,” Tho appollant deliboratoly aleclod, after Do kuow tho contentaof the lense, to accapt {t, anil on~ terad Into posscasion, nod held nnder its provistons, 1o 1a thoreforo entoppet to deny that the contract waa dife feront in ita oesontinl torma from that exprewncd in tho written Instrument, Tho provivus negotiations, whate avor thoy may Liavo beet, will bo decmiod to linvo Leon ‘mergod i tho writton sgreoment. Tho position now aamuniad by tho appelsnt Iy totally incousintont with what tho partlen dld coutempornneously with tho oxes cntion of the leaso, 1f thero hiud beon an agreament 10 leano tho promises for a greater tortn of yoars, with n 6lo of tho alock and 0 o part of the aanio irangace tion, {t s Lirdly probably they would havo omitted Lo statd it in'tholr written agroemont, - But having ngreod and nccepled o learo for o Ahorter Jerfod with o full inowiedgs of all tho facth gt hmiat o {akion an_concluaivo of tho forms of tho contract, It is 1ot_competont to ahow by paral tho duration of the Icoso was ntondod to bo for o different period, This view renders it unnceossary 0 coustder tho question auggosted Ly connsal, whotlier the appelleo by & moro pnrot contract for any purpose, or by auy suthority Yested in or, could incumbor hor faterest or that of tho hiirw in tho premises for a greater poriod than une gene. Tho Uil wan proparly dlimisasd and. o decroo a offirmod, - Doorge afirmed, ¢ Douney, Fay & Griggs for appellant; Eldridgo & Tourtellotto for, appoliee. AMUSEMENTS, BYENS' OPERA~HOURE, . It i& a singular fact that the closing of MoVick- or's Thoatro, through the wonkness of Max Marotzok, os dono more to dopress habitun] gockers nftor amusoment fn the theatres than the gloomiost dispatchies from Now York, or any- thing eleo sinco the ponio commoncod. It hay absolutoly lod people to believo that amusomont mattérs are dull, and brought about a sort of hypochondriao dulinoss in consoquonco, Tho mingtrel company at Myors' Opera-Houso was, until Monday, last, doing an enormoua business, but receipts foll on that day somewhat, ond a crowded house liae not cheored tho propriotor this 'week. The sudienco last = ovening would havo 'beon considerod s Iargo one but for tho crowding which had proviously beon tho rule, . Mr, Myers s not the only manager who talios this viow of the caso, all tho others shar- ing it. Howovar, a8 if to show tho public that ho doea not beliove things are so dull, Mr. Myors bas this week an unususlly good bull, and “the patrons of his Opera-Houso neod not suppose that tho company play with loss epirit, oven if their neighbor placo of amusoment I8 silont. Tho ficst part {8 vory much such as Arlington & Co. got up, some of tho jokes being especlnlly venerablo, - while others are frouh, crisp, and laughable, - The singing ia capital, aud roflacts orodit on Mosurs. Surridge, Frodericks, and Knyno, whilo tho comio songs aro now and fitn- ny. Arlinglon’s “‘Caokla‘cackle” i cspecinlly ontortalning, and each stanza brings down tho houso with o peal of hearty laughtor. Cotton's * Good-bye, Busan Jano " 18 also cucored overy night. Meckin and Wilkon aro good, as usua), in their song and danco business, and the absurd “goll® practiced in the appesrance nnd diu- appearance of tho “Abyssinian Dwarf, Tommy," relishod heartily by ‘the sudionce. Tho firat skotel, *Blinks and Jinks,” is one of thoso noisy farcos whioli - compel mernment by thelr vory absurdity. ‘Tho laut act is & very happy . burlesique uPun the Vokes Family's ontertain- ment, *Bolles of tho Kitchon,” and rojolcos in tho titlo of ‘‘SBhukapoare in the Kitchon," with the wholo compauy in a grotesque ballet. DBilly Rico a8 Damocles Doglerry burlesques Hamiel and Richard I11. capitally, yelling the most ma- Jostic Yinos withon unction that fairly upuots one, and striding fu imitation of the leading"| tragedians of tho day iua highly ridiculous man- nor. There.ars.two or thrce rather broad gostures in tho ballet which do not add to the fuu, and might just a8 woll bo omitted, but thoso aro not vor¥ flagrant, Surridge and Lindon por- form n gconc from ‘ Trovatore in tuiitation of tho Vokos with tolling offect, and with sbout oqual parts of burleaqiio and good voealism. As & whole, the bill iy tho bost of the season, and will 1;5 found higbly enjoyablo by overybody who seos it. —_——— PERSONAL. THE CITY. N A. 3. Woolworth, of Toledo, is ot the Palmor. G. D, NeGaw, of Columbus, is at the Palmer. T. L. Pattorson, of Toronto, iu at the Palmer. T. E. Washburn, of New York, is at the Sher- man. E J. C. Bonnott, of Lynn, Maus,, ig at tho Shor- man, g 8. Eldridge, of Ottawa, Il1,, is at the Pa- cifie, 0. 0. Fronch, of Mississippi, is at the Pa- cifle, W. Beacl Taylor, of tho Wenona Indez, is ot tho Palmer. : Edward Btecle, of 8an Fraucisco, is at the Graud Pacific. Tho Hon. F. W. Cothausor, of Milwaukeo, is ot the Sherman, « W. M, Dunn, 0. 8. Isloy, and I W. Lord, U, 8, A., aro b tho Grand Pacitic. 0. 0. Bhopherd, United States Consul at Yolo- bamo, Japan, is a guest at tho Sherman, The Hon. Josoph E. Fay and tho Hon. W, P. Fay, of Boston, ara registorod at the Shermun, Joseph Tucker, Genoral Froight Agont of the Thlinois Contal Raliroad, Lins gone to £t. Louis and Cairo, T, B, Blackstons, Prosidont of the Chicago & Alton Railroad, has gone on a tour of inspoction over his road. - i W. M. 8towart, Chariton, In.; A. F. Wood, Yonkton, D, T.; and G. A. Do Long, Peovis, aro stopping at the Bherman, Q. 8, Brown, Milwaukee ; F. W. Northrop, 8t. Poul; E. F. Brownoll, Keokuk; and G. B, TRogers, Dotroit, are -among tho-arrivals ot the Grand Pacifio. 1N GENERAL, .8ir Edwin Landsaor loft a fortuna of £200,000. 11, K, 8. 0'Malveny, formerly Cireuit Judgo in Bouthorn Ihinols, was rocontly elected County Judgeof Los Angoles County, Cal, John Black, who died suddenly, Nov. 17, on the cars, ot Pittaflold, Alass,, wos forty yoars a rosidont of the City of Mexico, aud long timo the American Ministor. J. M. Rusk, M, 0., is in the.city, on tho wa; to Washington, where e will talo his-soat Iz’; .Congross and malg some of tho back-pay-grab- bora hunt thoir holes.—La Crosse Demacrat. Anna Diclanson doclinos ever sgain to locture ot Bay City, Mich., bacsuso, whon Inst there, the gossiping “seandal of the town councoted her namo with certain matrimonial prospects which ehe did not entertain. Qapt. Matthow O. Petry, of tho Unitod States Navy, & nophow of tho famous Commodore, diod, Nov. 17, in New York. Ho waa appolatod tagho Navy in 1835, and rocolved his Captain's commission fn 1867, Minister Washburno is on ag {utimato torms with the grmnt Pregident of the French Re- Eubl(ona 0 waa with M., Thiors, he American egotion rocolves invitations for all socinl ovents, and somet{mos those Invitations ara ex- clusive, 3 . Gov, Boveridgo having wanderod to a point bn{nnd the jurlediction of bLis_gubernatorial Dallivlck, Aoting-Lieut. Gov. Johu Early has beer callod to tho helm, and is employod to-day In the intricuto businoss of signing Notaries' commis- sious, ato.—Jlinois Siafy Regialor, Nov. 20. * The Oborlin Zimas tolls with rapturo how the Rov, Nowman Hall, whilo on & visit to Prosident Tarohlld, of Obarlln_ Collago, not his boota out 10 bo blacked, and Low tho Proefient, not iaving a boot-black about his houso, pulled off bis cont and commitied the I e he required polish to tho boots Miss Garoline Talmon, of Now Yorlk, has built, on the 2ox'nur of Madison avenus and’ Eighty- ninth atreot, at a cost of 100, 000,. & beautiful littlo churol a4 & mamordal to hor 'parents, and prosented It {o tho Epiucopal denominntion, Tho stuined-glaga windows uro- dedicatod to relutivos of the donor, Tho succenslon to Senator Carpouter ns pro tem. Prosidont of tho Honato will come up at or before the lolidays, It i prosumod that Car- ponter will untioipato tho dilemma of Lis party colleagues by doclining tho nomiuation, 'Sor. ntor Anthony Is weary of tha position, and it I thought that Frolingluyson will bo choson in ordor to give the Ol tho roputation of his fawmily nustority and puvity.—~Ztoston Post's n Maj. Babcoelk, who thus bocame unls}:-tnnmr to the child ; and, bnlng lattorly Limnolf orployed iu the Treasury at Wnshington, Mnj. Bnbcook got mixed np I the minda of New York roport- fru with Gon, Babcock, the Prosident's Buore- ALy, ‘' 1t will be in tho recollection of your ronders,” writes the London correspondent of tho Scols- man, **that rome years ago Sir B. Guinness, tho gront brower in Dublin, gave the sum of £100,000 for tho restoration of Bt. Patrick's Protestant Cathedral, in that city, I have lonrned on guol] authority that anothor groat Drowor, My, Matthew D'Arcy, M. P, for County Woxford, hay offered to place at tho dispossl of Oardinal Oullen n like sum of £100,000 for the purposo of building & new Catholio cathedral, Whon Dismarck visitod tho Viennn Court Theatro, tho play of Ilenry tho 8ixth was boing porformed, Counelllor Dingolstadt, the author of the Gorman veralon of tho play, Wwas prosont at tho roprosontntion, and during the conrsp of tho play Bismarck sont for him, —# Woll,” smd tho Chancollor of tho German Empixo, ““I sco that you havo sirickon my colleagio, the Ohan- collor, out of Bhakspearo's druna; but, to toll the truth, you wore right. Thero aro so many people in attondance at tho Court, that tho Obnne collor {s altogothor suporfiuous, and osn woll be upared.” y Bome of the published returns of tho income- tox gathorer in England show tho cnormous annual gains of the rich. Tho ront-roll of the Marquis of Westminstor within the limits of tho City of London, not to speak of the roturns fromn his landed ostatos, oxcoeds £6,000,000 por anoum, Tho incomes of tho Earls ot Bute and Dudley are noarly 2,600,000, They arc among tho most oxtonsivo conl and iron minery in Wales and tho midland counties. Thoe Napiors, on the Clyde nud Tyno, tho Lairds, at Dirken- hoad, the cotton luné:u of Manchestor und Glas- gow, nud Sir Titus Salt, of Haltain, havo cach ncomes niore than the ontire rovenuo of the Crown tll the reign of Elizabath. The Hoir,of Egypt. The Khodive sgoms detormiuod that. bis sons shall bo cosmopolites. Princo Hassan, his heir, who {8 just 20, after bolug educated at Oxford, hos just boon gazottoed ag Sub-Lioutonant in the Prussian Dragoon Guards, Tho Khediveis now 57, Tia carcor has undoubtodly qrnvm! his ox- traordinary vigor ond ability, By tho firman fimwd to him a yoar ngo, the Bultan put the nisling touch to'the chartor of indepondenco of tho great Eg{punn Pituce by gMnn‘ Tim tho right of coneluding troatios with foroign Stutes and sonding officinl reprosontativos to foroign Qourts, Doubtless he auticipatesn great futura for s hoir, and desires that lo shall, by his aducntion, be equnlly imbiied with British states- meuship and German military skill, AMUSEMENTS, STAR LECTURE COURSE. MUSIO HALL. SENATOR YORK OF EANSAS. “Wealth as s Political Power.” TO-NIGHT. | Adminston, 60 centa; Resorvod Sont 2 conts oxtra, T ealoat Bus Oflics and Jansan, DaGlurg & Cose " Lo K. B._DARIEL DOUGHERTY, the Orntor, NEX' TUBSDAY, ANt s SR RE0ON ACADEMY OF MUSIC, . CROWDED TO SUFFOCATION! LAST NIGHT to witnoss tho cultueod MRS. F, 5, CHANFRAU, As tho charming LADY CLARA In JHATOUSY. ‘To-uight and Matineo, inst roprosentation, HOME LECTURES, At Third Unitarian Churelr, cor. Monrco and Laflin-ats, % e 5 ROBERT COLLYER : WILL OPRN THE COURSE MONDAY EVENING, Nov. 24, at 8 o'ol'k, Subject-~-BURNS. Other 1. —THOMAS, _SAVAGE, BRI ARG, and FOW IR, O RYDER, Admisstou, Twentyslive NN, Boawon Tickats, 8L For salnat Janson & McClurgs; A. G, Huil's, cor’, Madizon oud Shaldo.ats. ; Hortonts Li- rary Fuotson & Stite: HOOLEY'S THEATRE, Wodnexdsy Mativos, nnd osdny and Thy Nighite, auothor chango. "TWO MORE BLECIS: PAT IAJ“ PRY, A REGULAR FIX. Al tho Stara in the Cast. Noxt weok Great Altraction, Reappearanco of MISS SUSAN DENIN b twg thvoriia piase. UNION PARK CON&'L GHUROH, DR. J. . HOLLAND, (“TIMOTHY TITCOMB,”) Author of ** Bitter Swout," ** Katrinn, " ** Arthur Bon" nicastlo," &o., MONDAY NIGIL, Nov. 3, on “THE ELEMENTS OF PERSONAL POWER." Rotorved Hoats, 60 conte. I G. Buokstoro, oppveito MaVialo ton's Library, 637 Lake-at, MYERY OPERA HOUSE. Waslington. Correspondent, ‘Tho Mrs. Idn Tomploton, . shot In New Yorlk, tho othor day, by her husband, was o daugliter i)ux“mm;? o\yn. Ninw, & Hoohuslof (Y, Yo) printor, I 18 w compositor ou the Noghoste Union, Tu 1887 Winn diad, and tho widow foc moved to Mighigua, whoro tho mot aud marrled Donroost,, hotwaen Dearborn and State, Avlinoton, Cotion & Kewhle's Mistrels AN ENTIRE CHANGE OF PROGRAMME. Production of tho orlyinal, musienl, farclcal, and panto- mimical skotch'of ACTING ON THE DRAIN, or Shakspeare b the Kitchen, Mackin & Wilsou, Babby Nowooub, Bllly Rice, Ernost Lindon, Wa, Arlington, Bon Gotton, dohn 1ts Kempier - Mastor'G. Davonport in’ now and spaskiiug specialtios, every evoulug and Saturday matineo. UNION PARK LEOTURE COURSE. BOUTWELL ON Noy. m miftor ¥V E FIFTY GENTS NS TH NOV. 22 FLEDY GliNIS PANIU, NON. & Tickots for eals to-day at Folmos' Bookstoro, opposite NoViebon o Horeats Lhbasse s PHIT.OSOPHICAL SOCIETY, FRANCESE.WILLARD. LECTURB: | ¢ My Story of the Pyramids,” Tirst M, E, Ohurch, corner Olark and \Vnuhl;: ston-ats, THIS (Saturlay) BVENING, Nov, 2), 1878, Ticke ots., or tivo for $1. GLOBE THEATRE. Altornoon at 34, Escntare ax8 oolosky, last two par- formancos of LAGRA ALBRIUTA as TOPSY, tn TUNOLE TOM’S CABIN. - Monday nost—HARRY LINDEN, ) DR, KAEN'S : TR TELL W, Ot Nutursl Sclenco and Art. 149 Bouth Olarkent., noac | Biadigon, Tlokots, 8 aouts, for puntlonon enly. apon trom D a. m. fo 10 p. m., daify and Sunday, MUSICAL, Ditson & Co.'s Colebrated HOME HUSICAL LIBRARY.: UNEXCELLED COLLECTIONS OF BOUND MUSIC, vol ) GEMS OF GERMAN H()N(:l. GEMS OF 5COTTISIL 8ONG. GEMS OF SACRED SONG, . WREATH 111’1(;32\‘]": OPERA . BILYER CIIORD. FHATLS SHOWER OF PEARLS. Daete. MUSICAL TREASURE, Vocul aad Instramental, INSTRUMENTAL, FOR PIANOFORTIE O RLED ORGAN, GEMS OF STRAUSS, 4 ORGAN AT [LOME. PIANINI'S ALBUML PIANOFORTE GEMS, 1IOME CIRCLE. Vols. I and 1 Brion 0t encl fuck, In Olothy 53,003 tn Bourde, 501 Fina Gllt, 54,00 Tho sploadil Luaki (0ot trunsurd-onsos of the bust and meat popuiar oted as tho ' oresm " froin an finmense Bluck, %00 to 220 pngos, full shoot 1wuslo sizo in aaoh Dk 10y tlieso buoke for prosouts! fu cacti ok suu 120t §25 wartlh of muslo, In tho wholo Hbray, uosilig, ngording to bjuding 325, i3 or £50, you Wil gt Turad Hundrad and Fifty Uoliarsy et | Suat, postpald, on tecelpl of vatal prio, Olivor Ditson & Co., Boaton, % Ohas, H. Ditsou & Co., \ 711 Broadway, Now York, LYON & BEALY, OHICAGO, Doors ‘| PABOAL TRON WORKS, RUSBER COATED IRON TUDE, TASKER IRON WORES POILADELPHLL, PA, NEW OASTLY, DEL, ESTADLISUED 1831, 'MORRIS, TASKER & 00, VOLCANIZED RUBBER-COATED IRON TUBE. WORES AND OFYICE, 'WARELOUSE AND OFFICE, Fifth & Tasker-ats, Phila. No, 16 Gold-st, New York, Office 29 Pomborton Bquaro, ‘Warohouso and Offico, MOSTON, MASE, TITUSVILLE, PA. PRADELPRIA, Juno, 1873, Wa doeiro ta oall tho speofal attontion of Lho publle to VuLoANIZED Rupnen-CoaTEn Inox TUDE. Also, all tho varlous Flttings roquirod In connootlou with samo, undor FINLEY's Patant, whick wo bavo boon tosting with ontlro succoss for tho past two sonrs, nnd aro now roady to placo on tha markol, thoroughly satisfled that wherosor it may bo Introduced for tho passngo of natural walors, oithor hot or cold, ita morita will bo acknawledged over aithor Galvanized Tron or Lead Tubos, which are'now oxtensivoly used fr such purposo, and o which, In many {ocnlitios, deolded prejudice oxlsts, Tho absolute Indostructibllity of Valenizod Rubbot—also ita purity for tho purposo ta which wa adaptit, is so woll known | that commont {s unnocoseary, pond a fotior from tho colobrated Ghiomists, oo BOOTIL & GARRETT, who havoboon kind ohough to tost tho artlola for us, Tho prica will bo the samo na for galvauized fron tuho and fittings, subjoct to tha ja tuforat trado di Wenroalso propared to supply ** tongs " doslgnod os- [vul:hlll.v for this article, so ;fl'gt{', ofllln bo luraw‘:fl up to s piaco without injuring the coating, " Asking your ordors, mummufly 2 MURRIS, TABKER & 00, Jayms 0, Boor, 03A8 H. GANRETT, T BOOTIH & GARREFT, Laboratory for. Il’nmu! W!Illnnéll Ani ‘lllull Ohemistry, o ot Roar of St. Btophion’s Churoh, Tenth-at., below Market, n'"“i‘l‘:?:.‘.\gl i 1A, Yob. 12, 1873, I ELPR] oh. 3 Mosnes, Moreds, Taskor & Cov, Fhiindoiphing DeAnSing: Wolhavomade a caroful examination of your rubbor-coated fron nipe, in ordor to dotormine its ‘oalstanco to hoat and cold, to steam, natural wators, and ave oven oxtended our roscarchos toacids, alkall, and burning g ‘0 may mention that the coating fs a slmilar omponnd Lo that constituting gums for halding arfitiolnl tooth, oxcopt that yourn ‘Coitain po morcury. Xt will boar a'higlidogroo of hiont, orer@05 Fahroniolt, aa might be Inforrod frum it Daving boon propatod b above M0 S, for sovural 905 It sems not aflgetod by olling ‘hours Iu Schuylkill wator, Uity gas passod thronah it for about thrao days sppearod to fiava no offoct on it ‘Tho rubbor continys royistod firmly carhonlo aold wator, modzratoly diluto sulpburioand murinfioacids, and caus. o potaah solation, Bolutious of nouteal salth Lavo no® [on o 11, Stuco thyrubbar coating exhibited such flrn roslstanco toaeld, alkall, salt, and hioat, ¢t Iscloar that. It will offor antill atranger roalstanco to Al natural wators, I which somo of the above fugredionts aro found fn o less oxag- . {8 moro allute siato, ‘congratulata you for findiagn contlng for , and afticles of “dron gonorally, witkoh 16 50 un. uailly rosistant toany of tho usunl agouts of tho chomist, and to thowo ordiuney agonts which du affoct. Iron coatod with othor matariuls, ita groater or loss dograo, R fully yours, BOOTIL & GARRETT, STATE LINE. NEW YORK TO GLASGOW, LIVERPOOL, BEL- FABT AND LONDONDERRY, Theso elegant now stcamors will sall from Pler 33, North Rivor, foot of Nurth Moore-at., as follow: GRORGIA, atuday, Nov, 15, PUNNSYLVANIA *.Snturday, Nov, 25, VIRGINIArersovee Baturday, Doo, 13, And ovory altornato Saturday thorcaftor, taking pas. sengers at through rates to all parts of Great Britaln and roland, Norway, Swodon, Doumack, and - Gormeny, Dirafts for £1 and upwards, Yor (rolyh ox nassago aLply to AUSTIN BALDWIN & dway! €O., Agouts, 72 Broa m Agout, stu, Olilcago. . K. BARLE, General We B Cln NATIONAL. LINE, NOTIOEThin Company takes thorlsk of lngurauca (up 1o 880,000 in gold) on oach of its steamors, thus giving ynssonifara tha bosl possibla guaraatoo for safoly an avoldnuca of danger at sea. "Tho most, southurly routo liss alwass boan adopted by O B S iop AN N, toom Py ILP [, an SENNT 0 Nox, 41 and 47, North Itiver' Now York o Nov. 1t Groo 3 vl- (DTN ‘il)VDV.‘N 8y IIhI‘ 2 ‘or Lyndon (diroot) every fortnight. Cabli Paugiie, 810, BH04anil 890 Currency. Hlncl‘ujy, R/IH Currency. Return tiokots at roduccd rates, Yasssiigors booked to or from Gornan and Scandinavian pojataat low rates, fho Steamshups of this lite re tho fargost in the trado, Drattaon Great Britalu, Irslund, and the Continant, st Northeast cornor Gl d Kandolplste, (oupasite dow Sherman Huuso), Giiicago, by WILLIADM MoALISTER, Genoral Westorn Agent. NEW YORK TO CARDIFE, BRISTOL, LONDON, -And all Other Points in England and Wales, Tho South Walca Atlantic Stoamebly Uompaus's new first-cinss Stonshiipn will sall from Peunsivnnta Hane rontd Wonrt) deracs Gt ERMBRORGL L i o, 16 ioss steamimhine. Bl Gxipiossly Tor tho Gras, arapros vider! with al} €ha litoat fmprovomants for the comiortund coutonienca of Cabin anil. Stoorago Loesenkors, Cabiy, 820 ourroncy: Second Cabin, £83 cnrroncy’ Steor 0, Steorago cortiticates from Car+ iy} “Draltyfar £1 nd upwarde, furthio thonlars, 0y Cardlf, at the Com- o Glr, e ot B AT A e, S AROUIBALD BAXTER & GO, Atunta, Ko.l7 Broadiray, |y a Dub a Ivoeport & Dubuaui First, RAILROAD TIME TABLE, ARRIVAL, AND DEPARTURE OF TRATE FXPLANATION OF m:rr,nmxlfin Atanga, -t Saturdayee coptod, ¥ Suuday oxcopied, }Mundayozcoptod, [Ars rivo Bunday at8:00a, m. & Dalty, IMICHIOAN CENTRAL & GREAT WESTERN RAILOADS' / aml St 1 Tcenty y 67 ¢ #outheast corner and b Canal-st,, corn Madison, Teave, Batl tyla maln and air ilwe). Day [ % 0. WENTWORTH, HENRY Genoral Pazsonger Axunt. CHICACO & ALTON HAILROAD. Chicago, Kanwa City ant Deneer Shorl Line, sta_Loulsts ana, Mo and Chicago, Springfeid, Alion and St, Tanta Through hine, - Union Jepot, West Side, near Madison-at, Uridge. Mcket Opices + At Depoty und 131 finndofphiat Treuts, Arrice, * 9:308, m, [* 0405y > ’ME.IIL o via Jack- Lonlsiana, Mo , via Maln Ling| Ex, via Main Finol i Ex, vin Jaoksonville,, Hpelugiiold ilold fispross Sprivgnold Fast Yexp daherson City fxprass, Voorla, Konkuk & Burin Tix. 1) Ghloado & Padugab Ratflroad 5. ‘Wanona Laoon, Washinton ¥x; Jollet & Dwight Accomirodation, CHICAGD. MILWAUKEE & Sf. PAUL RAILWAY, Unfon Depot, enrner Jadison and Cunal-sts,; Tickot Ofice 3 South Clarleat., .opposite Sherman faue, and at Depot, Teavr, Miloankos, 8¢, Paul & Biunoap-| olls Day ffxpras Milwaukon & Brs Muil and Lgpre: Milwanker, it, P olis Night Ixpr +9:3 0. m, CHICAGO, BURLINGTON & GUINCY RAILROAD, Depota—Foot of Lakeat,, Indiana-av,, and Stzleenthe d Canal and Sixteenth-sts, ~ Ticket ofices, No, b9 Clar] firand Pacifle Hatel, and Mall and Ezxpre: Qttawa and Str Aurora Passooger Bondota, Ottawa & Hiraator Pas: Aurara Bassongor Aurora Passengor- 5 o JLLNOIS ug;um,fi.' BAILROAD, g} ey S ity e Giarg e ate Ikl 8t. Lonis T 5t Louls Faat Lo Jalro Mail, Ydo Fack a Tiydo Parkaid Oak Woods 11%do Parkc and Oak Wood: Hydo Paric and Ok Wobdss.. {a) Runs to Ghampalgn on Baturdays, ‘CHICAGO & NORTHWESTERN RAILROAN, City afices, coruer Landolphant LuSullests., und T6 Canale - 1., corner Madismiat auo Right Ex, vl i ‘& Troohort & Dubuaus Exbross & MiTwatikoo Mails soseeor uito B St Tan Exprasns ‘a—Dcpot cornor of Wolla aud Kinz 8—Dopot corngr of Canal and Kinzio-sts., W.HUSTEND . Pass, Agont. COLORADO. KANSAS & NEW MEXICO, Speclsl Tndesimento, Srooy Kb oy o Folt: WIS, A CHICAGO, ROCK ISLAND & PACIFIC RAILROAD, Devol, corner of VanBuren and Shermar-ais, - Licket ogice, Grand Taciric Hotels Arri Qmaba, Leavouw'th& Atchlson Tix 1+ 4:00p. m. Pori Accanmodntion.s.sse., £:60 p, . [+ 87302, v, Night Lxpross,.. LIH10:0 v m2 |2 6:30a. m, LAKE SHORE & MICHIGAN SOUTHERN RAILROAD. Dopot, Van Duren-t., foat ar I Tnclet offices, northicest corner Clark und Hang and southiwest carner Canal und Judison-sts, o Arrive. Mall, via Afr Line and Matn Lino Bpaclal New York Expross, via| Atiantie Bpross, via A Lioes Night Fxpross, vin Main Lisioress | Sotith Gafeaga Agvommodatic PITISBURGH. FORT WA1NE & CHIUAGO RAILROAD. Sallhig tivlco a woek frum .vow York, and carrying ps socgurs toall parts of Groat Uritain, [relind, Continental Europe, aad the Mediterrauonn, Gabiu irony $65; Ste aga, Britlsh aud Irish ports cast, #30; wost, ontls nentnl porty sauo &s othor m;{nlm- lines. All payabls in U, ¥; carroncy, Auply for full information at the Com- paejs aitices, No. 7 fowling Groon, Now York, and N. . coior Lasalloand Madlson-sta,, Chicago. HENDERSON BROTHERS, Agonts, ALLAN LINE MONTREAL OCEAN STEAMSIHIP CO. 22 FULL-POWERED FIRST-OLASS STEAMERS, Livorpool, Londandorry, and Glasgow, | Tkwskly to and from Quobec (Portland In wiater). Also, fortnightly to and from Balumore, calling at Quoenstown, Ha and Norfolk, For passago, frolght, or any information, apply to ALLAN & €O« Agents, 72 & 74 LnSalleat. LEGAL. NOTICE. ** Dofault haviug boon mado iu the paymont of & eortala promissory noto made by Ssu'l J. Walkor to the ordor of Tamumond & Gage, and by thom indorsod **without re- ;.courso, " sald noto belng for tho amount of 315,000, dated (July 23, 1873, and duo ninoty’ days thoroaftor, aud boaring Intorest at tho rata of 10 por cont por annum, after ma. #1turity sald noto giving the logal holdor thoroaf anthority "(in ull\:lln collatoral security attachod thoreto and horeln oo No A """’“mm-lv. Nov: h, the collateral er I nll.; i wvt .ll"lfil("l'xll!li!;\ml Internstional Mutual ¢ h nk), "rust Uo. (Iutornational l"AMMOND & GAGE, Logal holdar of rald tinte, CHROMOS. NEW CHIRROMO, “CANNOT BE COAXED,” A Bplendid Pictura by Brown, glvon away by the GREAT ATLANTIC AND PACIFIC TEA €O, 116 West Washington-at, 198 Twonty-socond-at. SCALES. FAIRBANKS' BTANDARD SCALES OF ALL B1ZKS, FAIRBANKS, MORSH &00 111 AND 113 LAKE-ST, $5 Packages OF FRACTIONAL CURRENCY FOR BALE AT . TRIBUNE OFFICE. Leare, Arrive, Pez g, X o Expre Unst Lo o Mall, Valparaiso Aceommadation, CHICAGD, INDIANAPOLIS & CINCINNATI ' THROUGH LINE, VIA KANKAKEE ROUTE. From the Greal Ceniral Rafiroad Depot, foot of Lakes alio foat of Dicenty-secondeat, Zieket ofice, 121 Kandolphe at., “near corner Clark: Sulleat,, corner Washing= toti, and at Jlinois_Centrai Depot, Day Expro Througn slecpers for Indianapolis, Cincinnati, Wasl ington, und Baltimoro overy night. NEW PUBLICATIONS. Published This Day d Discovorlos In Afrlca by Throo Euglishmon, By Juks VErsg, 1vol. 12mo. With 48 Iellotypo Tllustrations, $2, Anather book by tho author of *‘Twenty Thoussnd Loaguua Undor (ho Sura,and '+ Thio Tour of tho World in Lilghty Days, " doscribing tha most. marsolous achiova- monts nnd discoveries mado durinis 1ive wouks fu a bl loon._ This story justilios tho striking romark mado of AL, Vortia by tho Christlan Intelliyencer < 1o ts tho mosh ewliderlng and yot one of tha most dollghtful of wrllers, deoking sclonos i {ho guiso of Fomanco, and mnking the dryost thoorlos aud tho in: cliarulng as & talo of faor) II, TECHNICAL EDUCATION. What 1t 1, and What American Schiools should tosch. An Esssy basod on an Examination of the Mothods and Kesults of Technical Education jn_Luropo, as shown by Officlal Roports, By OIANLES B, STETSON, Lvol. I6mo. 81,25, Tho abjeot of this buok s to show what has boen dona for tochulcal education I Great Hritain, Helglum, Frauco, Gormany, and vther European countrios; biow much cuo bu done by sitch cducation tadoevelop and diversify the products af labior, nud to’kisa an Impulso to thy mova: wonts alroady begun in Aerica to prowmota ic. *.* For sale by all Bookscllors, Sent, post-paid, on re colpt of price by thio Publlsbors, JAMES R, OSGOOD & 00., Boston NEW BOOKS. BASTIAT S Soplisms of the Protectionists, FOR BALE BY JANSHEN, McCLURCG & CO. PRI .60 CENTS. On October 1 wan Published The New Quarterly Magazine, Irico, 2s. 6d, A Migh Olass Literary and Kocial Porlodical, The Largest Mugazine Publlshod, T'wo or muro complote Storles, by Lininont Writors, in each Nuwmbor, Authon. to Works of Travol and Blography, and Acricies on To) jed of Genoral lutoreat, Cuoitunts ot Fieat Number: Tr old in Portugal—Our Noxt War—Ollvia Tempust, n Nov by dutin Dangortield, author of ** Graco Tol nis: & O:ltienl ograpl Horsos aud Hiders—tiinllo Aunual Subsoription, paysh frva to any part of the Unitod § London: WARD, LOUK & TY L] BIISCELLANEOUS, Best Faod for Infunte,— thrlvos wo well ul‘Iun it thatlt st bo ivhiardsou, ** It rasomhlos Motlior'n poveiblo,"—Dr, Baykor, ~Aboundivg lesh znd b furming wubstanoes, (s’ Fond perfoctly (ultilts Hs« Juot, whuryas othor vo.callod Toods belig untiely duvoll of wburlsbing propurties induso riokety und idiatfo coi ditfou, Tt ia aiwo earofully frucd from tho grous limke f tho'wheat, wiilol ¢ . rhaw, &, l’rn‘pnrn 3 toths Quoon, £ 1, 11: tho Princoof W Kou, Now Nondeat,, London. ' Soid by chomiats and storokdopgnt thraughout Amwurion, . The French Doctor,m oy of ‘Madlotno, Pasly ) -lf-fi’flp'y}\'.’xufi‘Hnfl;‘niounlmuwu Tnatitucn: n ost, {mprobablo spooulutions as i, Patgenontie o, ho young Princo Ve od, < Dey e "S1itk % Clianty na FET e Ty fico Pharmaoy u wornes of Frive-place, horatory, oull Haletod st oo oo, Diissand of svers Bature trontud & at depots, ' I, FIVE WEEKS IN A BALLOON, ,