Chicago Daily Tribune Newspaper, December 3, 1873, Page 1

VOLUME 27. e Chicage Daily CHICAGO, WEDNESDAY. DECEMBER 3, 1873, ribune, NUMBER 104 LADIES' GOODS. PANIC PRICES! CARSON, PIRIE & CO. O EFERE The following nmofiz: Tundreds of Special Bar- gains now selling at corner Madison and Peoria-sts. DRESS GOODS. On the contre tablor, greatest Largain over offered, o o 1 2 yard ik "thola: y3ny worth . . 076 ote yard. cts, sar. 'yona Tl Boptine, G2y of Tl rIRLG Grelonnsh, Vo eios yard. 110 of Amorican Peiiia, § oth. ards FLANNELS. Clood White Domot Flannols at 20 and 25 ota, tiood White All-Wool d e, and upwards, {lood Rad All-Wool do, Hpw . I4ne All-Wool Fancy fbirting Vlaunels, 40 ots., for- rly 65, e A11-Wool double.idth Shirting Flannols, 76 ota., ’fl‘lmar 81,35, 1s, 25 ots, yard. era Finnncls, 28 ota, yard. Groat bargatns 1o 1iankots, WOOLBNS. Tdnes of Cassimores for Boys' woar, 5 45, &5, Thots. o r , 80, .\m.’w Tot of hoavy dack Scotch' Cassimoras at 31,00, woll worth F1,560, Hloary Hinck Watorproota at 7 and g3 ota, vy il peuote, Gieat bargatus in Biack Boavors and athor Gloskings. CORSETS. Franch Waore Carsota 40 conta: would ba clicap at 760, Jtegulag B1.£0 L'rench Wovo Carsats for 81 pair, Thy fullowing pentino fmportad tronch Corsots aro wacramed best thapes and qualitics, and to bo tho goods usuaily retailed at ihe pricos quoted, They aro an auo- tion purchass and an unusual bargain: Reguiur g(.w Corsol for 8,50, Hogular 10 Goraat for g2, Regular §2,50 Corsot for §1.50. Y FEHOSIERY, UNDERWEAR. 1adies’ Flecoo-Lined Huso, 18 cta,, halt prico. Tibbed Mrrinn Foso, Whito and Golored, 135 ota, ale. Forular-bado Whité Cotton Hoso, 35 c(s., & bargain, Chuldren's Faucy All-We padr. orino Hoso, 20 cta. Itioh qualitios of Ladios' sud Ghildcon's’ Fanoy Wool Eoulorr, chean. Ledion' Morino Vosts and Drawom, & gond artiole, 6o, Bew'n colored Morino Shfeis and Drawars, 80 uis. Lisca smorimont of o Updorwoar, very choap. Oifidren's Kuit Logeine, 55 ots. pate. - o GLOVES. 3,000 patra genufuo Potls Kid Glovos, equnl to any in auglity, reducad from S1.78 to $1 8 Datrin olars oaly. ““Thiomson's Best" 2:button Kid Gloves at §1.60, rogu. lar pricy i calors only, .25, A Good 3-buitou lovos, Colorod and Black, 81 5 patr. Grod 1-button Kid Gloves, Colorad and Black, 85 couts & i, Atsortod lot Ladies' and Ohlldrou's Winter Gloves, 25 ta. & pair. s IT PAYS TO TRADE ON THE WEST SIDE. Cor. Madison & Pcorin-sts. CROCKERY, &a. T0 BE SOLD REGARDLESS OF COST, OUR LARGH STOOK OF CHINA, CROCKERY, Fancy Goods. FRENCH CHINA SETS REDUCED FROM BA4O.OO to B8F.00C £85.00 to HESO.CO ALL FANCY GOODS, DECORATED SETS, VABES, COLOGNE SETS, &o., from 26 to 33 1.3 per cent less than former prices. To the Wholesalo Tradoe wo offor Crockery by tho Crate at prices less than cost of im« portation. IRAP, BOWEN & (0., 262 & 264 Wabash-av. GENERAL NOTICES, Gantion to the Public. Blank Policies, unsignod by us, of the RHODE ISLAND INSURANCE ANSOCIATION, numbered 2,201 to 2,223 inclusive, having been stolen from our office last night, the public are hereby coutioned against ac- cepting the same. Only those bear- ing our signature aro genuine. TEALL & FISHER, Agents, 148 LaSalle-st. Excelsior Tnvisile Patchist, 73 KAST MADISON.ST,, Basomont, Belnz alonz your old Lots and shoos tnd hava them mnde iy gooil A5 now at 2 vmall expenso. A gaof COATL, “TANING A HAND INY o O AT STILL LOWER! ‘We are prepared to furnish consum- erg THE BEST QUALITY Wilmington Coal, Berooned and Dolivered at $4 per ton, Lichigh, Lackawannn, Brio, and Driar Hill a8 low ag the lowost, Orders, to insuro gvnmm delivory, must be_acoompanied with e onsh, A, T, CURTIBS & OO0.. Cor. Canal and Harrison-sts., and 75 South Groen. Madison, FRAMES TOR THE MONTIL OF DEQEMBER ONLY RE- TAILED AT WIIOLESALE PRICES—Comprising our ligostnck of Portralt Frames, Holld Oval and Bquaro Thotograph Frames in Culd, Walnut, Rosowaod Gilt Veamos, from 25 ounta to §0. Don't buy uuti you soo our goods and prices, A, P. C. BONTE, 114 Iast Monroc-st. DR. HARLAN, Dentist, IMas yemoved bis offico to ROOM & McCORMIOK'S DLOUK, southoast ournor Randalph and Doarborn-ste, FURS, Geat Closig S FURS! FURS! Sweet, Dempster & Co., 220 and 222 Madisop-st, Offer to the Trado during fhe next thirty days, their entiro stock of Ladies’, Misses’, and Children’s Furs at an immense sacrifice: 100 Sets Mink Collars and Muffs, $12, 100 Sets 4-Stripe Mink Collars, or Boa and Muff, $18. 100 Sets 4-Stripe Mink Collars, or Boa and Muff, $25. 100 Sets 4-Stripe Mink Collars, or Boa and Muff, $30. 100 Sets 4-Stripe Mink Collars, or Boa and Muif, $40. 50 Sets A-Stripe Mink Collars, or Boa and Muff, $50. ‘With a completo assortment of Ladies’, Misses’, and Childron’s Seal, Ermine, Astrachan, Squirrel, &e., K. Ovrders from the Trade solicited and satisfaction guarantecd. DONT BUY A single Sct of Mink before exam- ining our stock, CLOCKS AND BRONZES, CLOCKS! BRONZES! ‘We have opened, and offer at very low prices, a very large agsortment of Fine BRONZES, FRENCH CLOCKS, aaud beau- tiful FANCY GOODS of our own importation. We are daily receiving, from the manu-~ facturers, novelties in Jewelry, Silverware, &c., for the Holi- days. N, HATSON & (0, State & Monroe-sts. WOOLEN GOODS. We_ shall offer our entire stock of FOR~ EIGN and DOMESTIO WOOLEN GOODS, consisting in port of Hosiery, Gloves, Mit- tons, Men's nrd!{\:’nn_Jnoket:, Bhirts and Drawora, Soarfs. Nubins, Hoods, Woolen Yarns, Zophyr Worsteds, Onnvas, Embroid~ orios, &c., nt PANIC PRICES. Wo RUATAN- tl.?o 1lzurds to closo cesh buyers to suit the mos. BURKITT, SUTTON & STANLEY, 117 Franklin-st., FINANCIAL, R TREMAIN & €0., Bankers, Stock, Bond, & Gold Brokers, No. 6 Wallast.,, New Yorl, Aroproparat to axecute orders af tho Now York Stock Hxonango: huy and scll Stacks, Donds, And Gold; earry tho enmuon niargins: glvo tho ‘usual ficilitlos to dealurs o doieo 10 takio udvautago of tho presoni. low prica of ek, Wainako o spocialty of tho co-operativo systom, which flves porfoct excacity and quick profits 10 smnall operatara, Uleculars glyluy tull particulsrs will be sont by mall oF nad on_appllcation, BALT LAKH OITY NATIONAL DANK, B. M, DuRoLy, Prest, J. M. Bonkyrr, Cashr, sk, HIENDETEAD, Atty, Collectionk mndo fn Utah, Montana, Idaho, Novada, Arlzonn, Wushington, Califoraia, nud Oregon: and ro- mitted sor in our vichngzo avallablo tu auy” part of tho United titates nnd Canadu, Exobango and telograph wrandara on this Hank ean bo procurod from eur Chlcago Ero: hoThird Natlonal lia hisagy, ) &0 Or THE GAME OF BIRDS, strictly accords with selonco, andlis intennoly Interestin to botl old and younsg. Yor sale by all beakscllors, stativnors, andtoy dealers, Bumlo kaiio sont by mail, jiostago paid, upon Teouipt of brico, 74 centa. " trads Appitod by CULVER, PAGE, 1IOYNE & CO., 118 £nd 120 Monroa-st., Wholosala Agonta for tho North west, BLANK BOOKS! STATIONERY and PRINTING fornished promptly and at.fair pricen, by J. M. W. JONBS,| Al "’.‘»’-‘N" 104 ST, DISSCLTITION NOTIOES, DISSOLIJLION. Tha copartnorahip horutofors oxistiog undor our namo his day dissolvod by mutual consant, heas, oo, 1o e, " BOCHL, TinsLy & c0, blll'n:l!,lllfly oAr. e NIV H, P ‘Pho undervigued wilt coutlaua tho ried on by Juoth, Linsly & Cu., ln a Donler 1n all kinds of ¥ n No. t{:\:ll’lru:llm‘cu»lt: ('Jlflu:::?nd hand Ol Barrols, No. 35 LIFE ASSURANCE, A LESSON FROM THE PANIC. After yoars of frecdom from se- rious commercial trouble, even sagacious business men begin to conduct their affairs as if there were only to be tair weathor for the future, and to delude them- selves with the dangerous hope that even if stormy times should come, they themselves would suf- fer slight, it any, inconvenience. ‘When a panic comes upon them unexpectedly, and they aroc una- ble to convert good securities into greenbacks to pay their obliga- tions, they are able to realize that if they should dic at such an inop- portune moment, their estates would perhaps be swopt away forever. A life assurance policy, costing comparatively little, would, if death should occur during a se- vero panie, preserve intaet the earnings of years, which might otherwise be lost for lack of a lit- tlo ready money. Thatman is wise who has assur- nnce upon hislife to cover all his indebtedness, so that in the event of his death his estate is certain not to be embarrassed. The great thing sought in business is profit coupled with safety. ®he time is not far off when every business man will be as particular to effect assurance on his life for the safety of his estate, as to eficct fire insur- ance on the merchandise in his warchouse; and when he will re~ gard life assarance as a business necessity, aud not as a meroe lux- ury or an indulgence of his hu- mor, as it is the key-stone to thoe arch which gives permaneney and stability to the results of a lifetime of active exertion. APPLY TO H. F, JENNISON, GENERAL MANAGER, Bouitable Lo Assueance Socisy, 108 DEARBORN-ST., Cor, Washington, Chicago, JI1. CURTATN GOODS, CURTAINST DRAPERIER! FIELD, LEITER & CO. State & Washington-sts., Offer their LARGE and RICH STOCK of CurtainMaterials, Including Plain Satins, Satin Damasks, Tapestries, Cash- meres, Striped and Plain Ter- ries, Cretonnes, and Chintz, at a further reduction in prices, COMMENCING DEC. 3. Bar- gains in Nottingham and Swiss Lace Curtains, Painted Win- dow Shades in beautiful tints, Bedding, Mattresses, &c., &e. SIBE! Attention, Sir I{nights ! Annual conolavoaf St. Dornard_Connmandery No, 5, Iy thifs (Wadnesds i . y) osuning, ab7ig 0'clock, for sloo- tion of odcerr, and pastucnt of dtios, - Hle Knlgiits aro or- dered to appear In i B LAWFORD, Commander, Tiasonic, us} Convo. R, A, M. Anm eatinn 18 (e Vel 2t 745 ook, (n tho ol it Fwenty-sccnndia” e ocilon ' avfiors snd iy ient of e oot roque(act £ b Jraront ordor of tho A1, T 1 o et LN AT S, ¢ Masone, o mombors of Cluvelaud Lodgn, No, 311, A, F. and i, 5 hereby uotitied to ascmbilo ut thate Hull, cor- bor of ‘Rundolph and aluted-ats., Weodnowlny morhing, g, 3, at {0 wuluck (asp) to atind (o faneral of aur el 1, Bousien to Jtosclil} (:cmotorys cordilly inviv:d {6 attond. D, F1TOH, W, Al b, Chicago Chaptor Lats Brother, Mombers of tor Jodges a; ROYAL, HAVANA LOTTERY, Drawl wige cvery wontl, Glrculnrs, kiving full in- Sornimtio: aonL Treo dn anplicatin. - Brizes garatd ami a Eled, | Teatraord Addrom A, HARIO & C 3, drmstog Wil Disombor, Yok, Itoom U, or P, 0. Awents, 63 Broadwaz, How FRACTIONAZL OURRENCY. $5 Packages FRACTIONAT, CURRENCY FOI BALEE AT TRIBUNE OFFICE. 1 THE RAILROAD WAR. Judge Treat’s Court the Field of Action. Yesterday. Arguments on the Motion to Make Perpetual the Injuntion, Hr. Crawford Contonds that the MeLean Connty Conrt Has Exelusivo : Juristiction, And that the Receiver of Ono Court Cannot Be Impleaded Before Another. Gov. Palmer Answers that the Scoit Party Was in Possession Be- fore the Receiver, And Cannot Bo Distarbed by a Pro- oeceding Against the Railroad Company. Judge Treat’s Decision Expected This Dorning. Bpecial Dispateh to The Chicago Tribune, Bemvariep, Iil., Dee, 2—The Gilman, Clin- ton & Bpringtiold Railrond controveray came up this morning iu the United Btetos Olroutt Court, Judgo Trest sitting in chembors. MR, CRAWFORD entored a plon as to tho jurisdiction of the court, and, upon a motion to dismiss, sald that thia wns o DIl for an injunction, which could not bo granted oxcopted on notico to tho party againat whom the injunction was to serve, and, in this caso, en injunction had been granted without such notice. Upon this point, he cited numerous nuthorities. The biil contalned no oquity on ita faco. The fnots elated were besed upon infor- mation and bolief. Tho honds of tho road wore thirty-year bonds, soourod by a mortgego, tho.uecond clause of which provided that, in cnso of default in tho paymont of interest for six months, the rond was forfeited, and tho wholo of tho bonds which wero to run thirty years bocamo instantly dua. In the exorciso of the power thus granted, thero must bo o domnnd meado on tho day of dofault, and gix mont4s must run from tho day of tho demand (nob defouit), which must bo jn this ceso upoa the written request of one-fourth of all the bondholdors; and, lastly, there must ben bonn fide joiut entry by the Urustees. The Dill must” slso show striet com- pliange with tho condilions precedent, It docs not do so. 'There is nothing to show thnt nuy of tho couditiona precedent wera complicd with. The constructive posscssion of Shepard is, thereforo torturous sud iflegal. When this Dill was filed tho Rocoiver appojuted by tha MeLean Coupty Circuit Court was in posiicasion, and lis possession was in accordenco with oll of his rights, Equity Lus no power to dis- turb this possession ; it cannot oven disposecss o trespaseer, Ifit cannot dislodge o trespaseer, could this Court undortako to forco Lho first oceupancy of property leld by the rightful levy of judicial procees ? Ho contendod thnt the defendant in this suit, brought to the bar of this_court, was really tho McLenn County Cirenit Court. Ho lnid down the proposition, that tho Receiver of ono tribunal could not bo implicated before another tribunal ;"Smm“t the consent of tho fribunal appoiuting him. JUDGE THEAT here intimated that thet was the real question at issuc, Lo which the argument should bo con- forned. 3R, ORAWFORD proceoded. Thero cau be no rightful clash bo- tween the jurisdictions. Al cases which ariso, in which there is apperont clash, are to bn sot- tled on woll-osteblished principles. Tho court having obtnined jurisdiction over a controversy or a thing, is entitled to procced unimpeded to the end. Its ndministration sttaches whatover process it touches in tho oxorcizo- of its juris- fotion, It procesy is ns far beyond tho roach of othor courly ay if the line of dlvision be- twoen thom wan traced by laudmorks and mon- uments visiblo to tho naked eye. o ostablieh this point,tho counsol read a largo array of authoritics, also establishing the doc- trino that, whilo propesty was actunliy or con- structivoly in the possession of the court, the tho court " is bound to protect that posscssion from tho process of othor courts, and the ordor of soquestration is n comploto protoction. ko Tiecalvor of the McLoan County Cirouit Court is within the proteetion of this principle. 31t CRAWFORD REVIEWS TAL UASE. The Circnit Court of MeLean Connty enfored an order on tho 25th of November, 1 o'cloclk, appoluting & Loceiver to tako possczsion of ti Gilmay, Clinton & fSpringlleld Liailrond, and from that moment tho proporty was uctunlly in the hands of the court, and all the world were bound by tho order, In pursuance of that ordor, Mr. Hinckloy and Col. Morgan wora sppointed Receivers, On the morning of tho 28ih, M, Hinckloy, with tho procoss of the MoLean County Circult Court, arrived in Spriugfield, and, while he was proccoding undor his authority to toke posscssion of tho road, ho wns resisted Ly Mr. O. M. Siep- ard, who claimcd that bo neld the property under the direction of tho bondholders, who claimed to bo strangors to the proceedings be- fore the McLenn Gircuit Conrt, snd who liad, ns was nssured, tnkon possesston at Y o'clock ontho nigiit of tho doy on which the McLonn Circuit Court had mnda its ordor appoincing n Receiver, At tho timo tho ordoer wes made, the McLean County Civenit Court beenmao tho landlord of the property, and tho ofticors_and subordinate ofli~ cerss of the road, including Mr, - Skopard, became its tonants, " Tho property was, therefore, sc- tually in tho Pnflsnflslinh of the Conrt and its teu- ants, Pho Trustees wero not iv possession ot that timo, ind had no right to possossion. The counsel here rccited tho history of the case, and nhowed that overy stop which had heen taken had been rogular und lawful ; and that no question had been, or conld be, raised of the rightful jurisdiction of the Court to appoint u Tecoivor, and, in caso rosistanco should bo of- fored, to nward s writ of asetstanca to place him in pounosion of tho property. All theso steps Lnd been tuccendivoly talkon, ‘THE ORDEL XQUIVALENT TO SEQUENTRATION. Whon au ordor is mads for the appointment of Racolver of partionlar property. 1t smounts to soquestration, by act and operation of law,.of such property ; aud, whon the Ltecoiver is sub- soquently appointed, the titla to such proporty rets by relation trom tho date of the order to the samo efioct ag if such Ltocoivor was named in, and appointed by, the order ; and, in appoint- ing u Recoivor, the Conrt of Chancery takes possossion of Lite property over which tho Ro- colver {8 appointed, and ronts and profitn uro bound, as againet parios ta tho suit, trom the order of appointment. ‘Che counsol recised some authoritios which go to the extent of binding parties to the suit from the time of the filing of the bill, v E TIIL POSBLEAION OF MINOKLLY COMPLE! Now thin possicenion beir dms complote, it cannot ho interferved with by tho process of any other Court, and it.thorofora precludoes this Court from mal:tug ok process, How did thoso parties olaim to get possession of thin property ? Dy tho action of Alr, Shepard, who {s lonant to the Oivenlt Court of MoLoan County, and it s a pluin proposition of luw that u tonant cannot di- vert or tutn over En-npnrly, or claim that some third porgon bas tho right of possesion,, BIEPAUD'S AUTHOILTY, XOT AUNSTANTIAT, His authority for tuking posscssion. was o lotter of J. M., & Jobn Mayo Dalmer, dated on tho 25th of Novembor, diventing him to take pos- sesslon of tho propurty, wnd hold it for Morton, Blixg & Co,, thoir clients, and for Thomas A, Hoott end IT. J. Jowoll, But whore:in any authority from Scott, None appoats, and nous ¢ from Jowett until the 26th, and that a telo- graphlo request, Bhopard was Buperintondont of tho road, and in that capncity be had no right to tho proporty of tho rond. Thoso anucs aro in by 8hopard'a ‘conduet, and tholr right is no Lotter than hin. 'Tho eauso pending showin, the nteps which wore takon, was made n_part of the sfidavit of Mr. Hinckloy, u}mu which appli- cation waa mado for a writ of agsistnnce, and woro boforo Judgo Tipton, and, with a' full kuowlodgo of whnt' had beon dono, ho awarded tho writ : i IN DEFENSE OF STATE AND FEDERAT, COURTH, Equity dispises all shifts to chauge possession, and squity will soo that this /8 an attompt to de- font tho procoss of a Court baving full and com- ploto jurisdiction. ‘Iho Btato and Foderal courts aro indopondent, and it is not competent for ono toimpodo or mvest any action of the othir. Upon. the grounds advanoed, the motlon is enterod to dismiss tho bill for want of jurizdic- tion, and that tho proscns of the Oircuil Conrt of MoLean County may go on unimpeded toits conoluglon, ~ * 'thin is nn imperfoct synopels of the very ablo sposch. No aburoviation conld do It justice, but ita longth precludes & full report to-mght. @OV, PALMEW'S ANBWER, * Inroply to Mr. Ceavford, Gov, Palmer com- monced by saying: I have readall tho author- itios cited by my friend on tho othor side, and think mynelf warrauted in saylug thot thoy are uulform in support ot tho proposition ho main- taing, that whero s court .iuvestod with tho poivers disiguated, sud charged with the doter- mination of o subjeot of coutroveroy, has onco acquired jurlediction over a subject snd tho particn intorested In that subjoct, no other court cun rightfully intorfore with ils action, I o not undorstand, ns 1y friond objocts, that this in o conflict Lotweon the Fodoral and State Courts, If it could be characterizod as a con- fict of jurisdiction, it isn onso of contlict he- twoen Lo courts of equity ; but {hat isnot the caso ; for, 4t thin feourt sball thorenttor discov- or, upon a considoration of the facts and thelaw, that tho Qirenit Court of MoLean County has gains ed jurladiction ovor the complainants here, and and any of thoso rights in tho proporty are discovored in tho bill, you, will dosiine to pro- cocd, and remit thom to that cours to nbide itw declyions. Thoro is, thon, no dispute bobwoen tlio counsel for the Ttecoivers, and me. One of bis nuthoritics proves as much ns sll of thom do, for thoy aro all in harmony with cach othor. TIHE 0AKL OF THI: COMPLAINANTS HERE rents upon two fundamentul facts, The fuat is, that tho complainants, Soott and Jewott, took tho actusl possession of the railroad and uil ¢ roporty in dispule on the 26th duy of Novems or, 1878. Thoprool of this fackis alleguld in § tho bll, and is supported by the aftidavit of O, . Shopard and others that are bofors the conrt. Tho socond fact im, that the posses- sion was rightfully taken as againat the Railrond Compony, and all parties claiming under it. To prove this fact, it is only necoesary to vofer totho deed of trust, the sifidavits at- tached to which show the non-paymont of tho coupons, tho demaud of the pnyment, and the othor facts upon which this right deponds, THE LEGAL PROPUITIONN ASt » a8 copsequences of the fusts npproved Lo bo es- tablishing aro: Jiral—That tho complaiuants rightfully in pousession are entitled to tho protection of ‘this court, Whe authorittes which dethue tho duty of o Court of Chancery to protact parties in pos- soesion from wrongful disturbance are too well known to the Court to male it necessary tocite them. The snswer mado by tho de- fendants to this prima facio caso is that, at the timo of filing the bill in this cause, the dofendante, as Recoivors, were in pozncasion of thoe property in dispute. ‘Tha incis beforo tho court do not support this pretension of tho defendants. Tho afiidavits discloso tho cirenm- stauces upon which thoy rely, ho Receivor ou- tered the rooms oceupicd by the servants of tho Trusiecs, aud remeined there undisturbed. Tho sorvants of the complalnants continued to proge- cute their business, and if tha defendants did in {act obtain posscesion of somo of tho rooms af un ofiico it would sound oddly to ropens that this amounted to the possession of moro thau 100 .miles of railroad, with all of ils equip- ments. Tho nccaptanca of ponsession of the samo proporty from the Sheriff on tho 29th of Novembor, auswers this whole ciaim. ‘Fhis proposition_disposed of, the next ground nsgimied by defondants is, that thoy aro tho Re- ceivera appointed by another Court of Chaucery, and that thereforo” this court canuot interfor 10 protect parties ngainst tio acts which tho Qircuit Qourt of McLoan County authorized them to do, or can bo ield to have suthorized them to doj and we aro all met by a quostion of jurisdiction. ''he McLean County Court of Olavcery had gonoral jurisdiction over tho parties to -the bill ~ pending beforo it, nud over tho subject of that hill a8 far as theso partios wore intorosted in it It has power to do complote justico botween {liose parties byits final orders. It had power to nppl&' aud employ all itg restrrining, provent- ivo, and protective ‘powers for tho purposes of law and justice botween the parties to the.bill, and no othor court can interforo with the oxer- ciso of its muthorily, But it hnd no jurisdic- tion ovor complainants, becauso thoy Wero not partios to tho suit, Nob bolug partics to the suit, tho court bad no power to do_any nct for their advantage, How, then, can it donets to thelr injury or disadvautage? Their case it miserable indeed, if tho assumplion of tho counsel is correct, that the court can givo them no aid, but may infliot wrongs upon them ; that it has no power to redrass. 1 kuow Lo _enys, if we ave wrongod by the Tteceivor, we muy apply to that comt for vedross, That is to sy, that tho agonts of that court cannos be restrained from the commisiion of any wrong they may altempt, except by tho court whoso authority tiey aburo, ‘Thot thoy mey do , without challengo “in any other court acts which the court from which they derive their Jiowernvannot forca then to do. Thoy mayinvolve Lo most sacred yights, and the citizens hnve' no radross excopt (o tho gamo coutt, 1 is admit- ted that 2 court may- ifsuo nu Injungiion, up- point a Recaivor, or'issua any procoss in wid of 1ts_juniadiclion to determino tho tight of partios Defore it. It may, for the numo purpose snd oh- jects, tako posscirion of property in disputo, to manago it uatil tho right of parties to tho snit can bo dotermined, Noue of tho foregoing propositions aid the defondants. The defondants go nuothor step, and argue ihat o conrt in chancery may tako possioeion of property in which parties to the suit ave intor- cstad, oven though otiers thun parties to the suit have o paramount citle, “his propostlion is admitted, subjoct to tho following llmifations: Property in tho possousion of pariies to asnit will bo_talien out of tholr posscenion, when the onds of Jistico domand it, without inquiry as (o tho exlstonco of righta in othors, though stran. gor to tho suit ; and, after the Court Las taken possession of property for tho objects of a perd- ing suit, no othar Court will, or ought to, distmb that posnossion,.or support_any aitempt to dic- {urb the possession of the Court; and the Court in which & suit Is ponding witl hold that its or- dors selatlug to ponsousion shall Lo respocled by partios belore . it, and over whom It hus obtained jurisdiction, and it will maintain chat possession divactod by it ehall bo regarded ny possousion taken, Bub the courts do not pro- feny to pass upon tho rights of partios not be- fora it, nor to control or distmh their right of possession, flist, beeauso it has no suthority ; second, beeaueo it would bo useless; third, bo- caugo it would wmov ald its risdlelion; wor ndd to @8 pow to disposo of tho rights created botora {t by tho partics totho causo, Partios intorested mpy question tho vight of porsons in possescion by ninking them parties to the ponding puit, (£ they do not chooga to do so, it {8 uot ansy to euy why the courts should dicturb them, or how it cau fnd tha power to da 1o, . PUE WBTAKE OF S)IE REOEIVIR 1y this caso counisty, first, in failtig 1o poreolvo the neturo of the cane In which they aro on- mgad, wil tho objeot ofjthat sulb 5 aud, sncond, in failing to observe that the appointment of the Coutt ab tho moment is made oporstive only upon parties to the st ; thoy slouo are houud by it ordors ; third, that it patles strangors to tho cuuso oro nof to bo bonofited by noy net the Courb -oan porform, thoy sre nof bound to take mnotice of uny ordor of the Uonrt, and cannot Lo unjustly afeoted by oy ordery fonrtl, that Uho only gronnd upois which the Court will in nuy cuts allow the pogseasion of auy party to bo ‘disturbod {4 bo- causo It {8 ncewainry Lo de Justicy botwoon the partios voforo it, und it vui' refuses to allow strangors to Intorforo wilh dis porsesslon lo- cgusio puck Intorforonce nuny ombarrans 14 il the dincliavgo of dutlos it las undortalien, or muy subjend 1ts agonts fo injary. ABOUND OF THE (OMNUTAINANTS' KT, Tho wvimple ground of complumanty' bill i, that thoy were in postession nnlml‘nrnpmy byu title suporior to that of any or all the parties to the swit; that tha Court bas mo powor over thom, not of their incerest in the property in controversy : that choy woro In possesrion when the Court ‘uppoiniud iho Rovelver, and tho Oir- ouit Court of MoLean County had no power, when that ordor as_ made, to disturb thotn, nor did it intond to do so. But the coun- gol for dofondants insist that tho proporly must bo conaldorod as in the possonsion of the Court, from iho dato of the ordor of reforenco to tho Mastor to roport the namo of & sultnblo person or porgons to act as Receiver, and ho niso in- sints that the Trustoos stood by nnd awaited the final nmmlntmonb. and thon took posses« sion. Tho nuvswer to ihis s, that thoy were not bonnd to como into the Court which eould not, without their submiseion to ita_juris- diction, projudico them by its aotion, and make thomaclves the antagonists of partius who did not quostion tholr rights, Thoy might wait, tensting that tho Court would, “withont their suggostion, nrnnlnt Recolvers to whom {he interesta of all could Lo confided, If they did not think propor to ioterfere, and if thoy should find that the Comt had appointed 8 Recolver in whom thoy iad no confldence, or who would make bLis trust subordinate to his privato intoroaty, thoy moy still exorciso the Tight which helongs to oyory man, to tnko jia ovn, unlesn it liad peased into thecustody of tho agents of the law, B ‘Lhin {8 n briof synopala of of what was rogard- edayery ablo argument in ‘vindication of the Jurisdiction of the Court. 3tit, CUAWEOND REPLIED, briefly combaling the mguments by Gov. Paliner, by ruviowing the low, as lafd down in his opening nxgument, Tilk JUDOY, on concluslon of the argument, sald: Gentle- mon: I will docido this qoostion at an eatly day, probably to-morrow moining." TUENE WERE TREHENT in the oourt-room, Mr. Charles I, Trent, the Yorl rallvond flnancier, and other prominent mimlmdmen, who seomod to bo greatly intex- osted. A ORNERAL BATLIOSD FIGUT. It is plain to overy one that the flold of mirifo in this contest lag but just boen ontered upon. ‘The stockholdory are no longer coneldered, and it is beliaved that it will develop into a controversy betbween the qtcnt rival railrond intercata of tho State au to who will control the smunlier ronds. 1t §8 moro than whispored that tho plans are al- roady mentioned o pounco upon ono or two othor ronds witich aro in a like condition with tho Gilman, Clinton & Springtleld Lsilrond, Tho ralivoad war of tho Stato may be sot down as Just begun, FINANCIALL 0 Bpraguo Trust Deed Finally Des poaiced for RRocord. ProvipENoE, R, I, Dee. 2—This forenoon tho Bprague trust mortgage deed way deposited for recordin the sevorsl towns of this Stato whero theproporty lies. ‘'ho names of the credit- ora’ Trusteo bas been struck out, snd that ot Zachariah Chaffes, of thia city, substituted, Tho docnmont othorwiye in identical with that signod YLy tho Bpraguc family on L'riday. It is undor- slood {hat this action was talken without the coucurrence of the creditors. The committes of its creditors’ Trustees wore to give their final annwrar to-doy, A committco of Spiaguc'a croditors publlsh & enrd_eaying that, although the subktitution of Chnffeo” for the Wrusteo named by them in the trust dood wag without their knowledge, tho change has thoir approval. Resumption of fe Ynion Rrust Com= y in New Yorlk. Special Dispateh tn T'he Clicego Tribune, “NEw Youx, Deo. 2.—The domaud on {he Union Trust Company by dopositors for money wns much less to-day than yestorday, ‘They paid ont less thinn $300,000, aud it is undorstood roceived §70,000. Susgpension of n Cottonn and Produco ZIouse in New Yorlk, B New Yonx, Dee. 2,—~The susponsion of J. H. Herrick & 'Co., cotton and produca merchants, 1s announced, The hoose dovlines to ranke a statemont for tho prosent, ‘Thoe Philndeiphin Meney=finvizet, “pesial Dispatel: to S'ie Chcuun Tribuse, ELVINA, Lo, 2.—1The moncy-market to-dey wan rluggish in_the extreme, but littls bsiness being dono for speenlative or othier purpoges. Tintes ranged at previous quotations. Sl A R 2 BILLIARDS. Garmier Vanquishes Bion In o Chame plonahip Game in New York. New Yorr, Dce. 2.—A billinrd 1naich, 600 points, thres-ball carom, was played at Tam- many Iall to-night, botween Garmior znd Dion, for $1,000 o sido, for tho challenge cup mnd chnampionship of the world, Chiis. O’Conacr acted as referee, Garnierwon the lead, At theend of tho twonty-fifth iuning the scoro ktood, Gar- nior, 229 ; Dion, 109. At tho end of tho thirty- fifeh iuning tho rcoro stood, Garnior, 296 ; Dioi, 201, At tho eud of tho forticth iuning, Gurnier, £49'; Dion, 284, Eud of the filtieth mning, Gar- nior, 448 ; Dion, 415, End ot tho fifty-fifth in- ning, Garnicr, 508 ; Dion, 459, Garnier won on tho sixtioth inning, closing with & rum of G67. Scoro—QGurnler, 600; Dion, 480, Averages—Garnicr, 10 ; Dion, 8859, ‘Tho closo of tho gamo was vory oxciting. At tho ond of tho forky-fifth inning tho seore stood—Garnier, 490 ; Dion, 800, whon Dion mnde 4, 61, and 10 in three conseentivo innings, making tho totals at-tho ond of tho fiftioth iummng—Garnior, 448, to Dion. 415, Garnier made &9 in the fifty-first inming, and Dion fm- modintoly followed ~with 93, Totala— Garnier, 6073 Dion, 448, . Trom this both played for mafety, when Garnier. gob 13 in the fifty-goventh inniug, and counting in overy inning until the fifcy-ninth, whon he loft the balls for Dion sotup. Dion made 13, slipving up on an ensy draw, Garnier gathered tho blalls from tho opposits onds of tho table nenr tho whita-ball spot, and, by & brilliant nuccession of masses and drasws, ran the gamo out, Maurice Daly was in readinoss 1o challengo, but waived Binvight to Ubuesy, z!hu, ‘ib 18 understood, will immodintely challenge Garnior, P CASUALTIES. Dearnh and B tricton from Gasoline A sios. Arnpaxy, N ¥;, Doc, 2~An explosiou of gaso- lino took piace yesterduy afterncon in Arkell & Bmith's sack factory, in Cacnjoliarie, and tho Luilding and its contents wero buened. Abgut Hoventy-flvo porsona wora at work at the tms of the esrlusim:, and many of them wero obligeit to mzko their cacepo threugh the wincows, Totor MeCuba porlshed in the fames ; Willicm J. Arkell, ston of one of tho propriefors, was sorionsty buned, and Benjamin Bmith, tho other pmwmor and sovoral omiployes, wevs injured ulightly, Loss, $100,000 ; jusiranco, 250,000, Death and Dumage Orwned by the rar of & Depot Building. o Arrooxa, T'n., Deo, 2.—To-day s the Pacifi exprows train wun coming intothe depot hor onging jumped tha track and swung arouud, throwing an oxpross car against ono of the lron poste with wuch forco s to hreak it oftt and cause purt of thoe depot (o fall fu on twro " cars and & baggage eur, breaking thom up budty, ‘The passengor curs, in which thera were o nuni- ber of prssoygera, baroly escapod. A nowshioy, numed Lingenfoltor, was killed, and sovoral pussongors elightly infured. Toss, £59,000, Candignte for Judipe NReAliister?s Shoess=ropuosition of Chlcugo lUrons Waorl: spreint Disvatch to The Chicane Tofbune, Jowzs, Dec, S—Judgo Josinh Mcloberts, af this city and Judicial Circult, 4 spokon of by his numerous friondu as n oandidato for the of- fiee of Supremo Judge in placo of deAllistor, 1o will ba indorsed alimast unanimously by the mombers of the Irr, Our citlzons nre now outertaining n proposi- tiou from tho Tiohard Tron Compauy, of Chicago, to move their works to this city, At u meeting of the Commescial Club It syontng, & vome mittea was appointou to visit Chiesgo to examing tha Workn, ani repori at a special moatiug to ho held noxt Friday ovening, Birons hepes nro on- tevtnined that tho proposition will bo neoepted, OCEAN SI1EAMSHIP NEWS, _ Lopoy, De, 2~Steamships Itely, from New York, and I'olyuosisu, from Queboo, have ar- rivod oul, New. Yonxk, Dea, 2.~ Arrived = Bioamships Occanio and dlty ot London, from Livorpool, PRESIDENT'S MESSAGE. The Cuban Question and Cu. ban Slavery. Suggestions on the Natiomal Fi- nenoes and an Elastio COurrency, Repeal of the Involuniary Clauses of the Bankruptcy Acts Cheap Transportation and *“ Our Lost Commerce, Establishment of Postal Snfiugs Banks LRecommended. Economy in Appropriations---The Ge- neva Award---The Indien’ Policy. ¥ To ths Senate and Houae of Representatives : The year that Las passed sinco tho submission of my Iast moyaago o Congross haw, cspoeoially tho lutter purs of it, Loen au sventful ono to the country. I tho midstof great uational pros- crity, a financlal orisis hes ocourred that hay rought low fortunes of great proportion. Po- liticnl partisauship haw almost coased to oxist. especiully in tho agrioultural rogion, and the capture upon the high seas of a vessel boaring our flag han at ono timo throntened tho moat nerious consequongos, and engaged tho public mind fron ono eud of the couuy to the other. This, hinppily, now is in_ tho conrxo of satiafacs tory adjustmont, honorable to hoth nations con corned. - FOREION BELATIONS. ‘Tho relations of the United States, bowever, with most of the othor nations continue to ba friondly sud cordish., Witk Frauce, Gormany, Luesia, Italy, and the minor powers, with Drazil and most of the South American Ropublics, and with Japan, nmbiu[{ hus occurred during tho year to damsnd spogind notice, 'Lho correspondence be- tween ihe Departmont of Siate avd vavions diplomatic represcntatives in or from those couutries iy transrntted horowith, 4 THE VIENNA XXPOSITION, Lzeculing the will of Coogress us oxpressed in its joint resolution of tha 14th of February last, end in accordanco with the provisions of the vesolution, . number of practical ertisany, of cientiilc mon, aud of houorary comwmissions wéro authorized to attond tho “exposition st Vionuna as Cowmmirsioners on tho purl of tha Uuitod States, It is bolioved that we have ob- taived the object which Congress hud in view whott {8 passod the joint resoiution in order to onable thio people of tho United States to par- ticipate in the advantagon of the international oxhibition of the products of sgricniture, munufacturod, and the fine srts, to bo held at Vienua, I telo pleasure in adding that tho Amorican exhibitors bave received a gratifying auwber of diptomas and of wedals, PATENTS, During the oxposition o conferonco was hold at Vionua for tho purposs of consultation ou the syatoms provailing in differont countrios for the porfection of inventions. I authorized s repro- rontative from the Palont-Oilice to be preront at Viouna at tho tima when this confercnce was 10 take placo in order to aid, an far a8 he wight, in securing auy posuivle additional protection to American jnvontors in Europe. The 1epors of this ugent will be Jnid before Congrens. OUR RELATIONS WITIL CHINA. 1t ia my ploaeant tuly toannounco to Congrons that the Limperor of Chius, on attaining his ma~ urity, received tho diplonistic represontatives of the Western powers in porsou. An account of thase cormmonics, and of the interepting discus- sions which preceded thom, will' bo found in the documeonts trausmitted horowith, THI COOLIE TRADE. Tho ncoompanyiug papore show thot somo ad- vauco, although “slight, has been mado during the past year towards tho supprossion of tho infamous Chinose Coolic trade. I recommond Congresa to inquire whethor additional legisla- tion be not needed on hiy subject. THE GENEVA AWARD, Tho monoy awarded to the United States by the Tribunal of Arbitiation, at Geneva, was paid Dy Hor Majesty’s Governmont & fow days in ad- viaueo of tho time wheu it would have be- como payablo nccordivg to tho terms of tha trealy, In cnm‘:limlco with_the provisions of the "act of Mumrch-8, 1873,.7it was at onco paid into the Troasury, snd usod to redcom, £0 far o3 it might, the pube Tic dobt of tho United Stales, and tho amount 80 redeomed was invested inab por cout rogis- tered Lona of the United States for $15,500,000, which is now lLiold by the Secrotary of State, sub- Jject to the future disposition of Congress, I Tonow my recommandation, made at the assom- Dling of tho last session of Congress, thata Commission bo croated for the purpose of sudit- ing and detorminiug tho mmounts of the soveral dircct losscs growing vut of the destruotion of voscols and their cargoes by the Alabama aad Shoumndo ntlor loaviug Molboiiruo, for which o sufferors hnvo recoived no oquiv lent or _compenkation, and’ of aso inining _tho names of the porwons en- fitled t6 receivo compencatiun for the mamo, making the computations on the baws indicate by the Tribunal of Arbitration at Genova, and that payment of such losses bs authorized to au extent ot to exceed the awardu of the Tribunal at Genova, TOUNDARY LINES. By net approved on the 14th dey of Februnry Inst Cougrenn wade provision lor completing Jomtly with an officer or Commussioner, to be named by 1ler Drittunic Majesty, the determing- tion of 5o much of the honadary line botween tho tertitory of Great Dritain ay way lsft incomploto by the Commissionors uppointod undor the act of Conguess of Aug. 11, 1836, Uador the provi- slons “of this pet the uorthwess waior boundary of the United States has Lecn dotormined and marked in accordunco with tho gward of tho Ewmporor of Germany. A pro- toeol und & copy of the wmup upon which the live was thus marked are contaived in the paners submitted herawith, Ialeo transmitncopy of the report of tho Commissionors for markiog the boundary betweon tho United Btates aud the British possessions wost of the Leke of the Wor I'ho oporations of tho Commissioncrs Quring tho past season’s surroys have beon made tow pome497 milos weat of Lhe Lake of Lthe Woods, leaving abour 350 miles to bo surveyed,—n fintd work of whick can he comploted during the next geason, LEITISH CLAIXH, Tho Comirsion orgunized undor the provi- sions of the I'varty of Washiugton for tho sottlo- mont and detormining of clums of citizens of oithor power against the othor avieing out of Acts committed agninst thewr por- wous or property during the potiod between April £3), 1861, and April 9, 1805, made ifs final award on the 2i5th day of Soptomber lnst. It woy nwarded that the Governmont of tho Uniied Htatea should pay to the Government of Ilor Britanic Majouty, within twelve months 1rom tho dato of the award, the sum of £1,039 810 in gold, ‘Tho Commission: dienllowod or dis- missed el other claims of British subjecte againut the United Statos, Iho amount of the vlnims presontod by the British Government, but disallowad or dismissed, in understood to be ubout £93,000,060, It also disallows all tho oinims of whe United States agaiust Great Brit- ain which were reforred to it rocommend the omly passlog of an uot appropristing tho amount noceasary to pay this award sgninet the United Hiates, Linve entised to Lo contmunicated to the Govern: ment of the King of Italy tho ‘thauks of thit Govorumaont for tho ewminent eervicos renderod hy Count Contr ns tho third Compiissioner on thin Commission, with dignity, lentmug, aud lapurtiality, 1o diecharged dutlos roquiring grent labor and constant putionce to tho satisfug. tion, I boliove, of huth Giovornments, ALIEN CLAIMANTA, I recommond logislation to oreato a spacial courl, to conaist of Judgos, who shall bo em- sowored to bear tho claims of alions upon the nitod Statos prisinyg out of oty comuitied agalnst thelr parsons or proporty duving tho uwwrroction, Lho recent confuruce mader she