Chicago Daily Tribune Newspaper, January 15, 1874, Page 2

THE CHICAGO DAILY TRIBUNE: THURSDAY, JANUARY 15, 1874. THE COURTS. The Tax-~Levy for 1873. Argumont’ at Springfield fn the Walraih Cases The Validity of the Grab-Law and the State Assess. ment at Issue, The Drake and Wilder Blocks Suit Up Again, A. Jury Sympathizes with a Sew= ing-Girl. Buit for. Dower --- Bankruptoy Itoms--- Bills Filed, SUPREME COURT OF ILLINOIS. Special Dispatoh to The Chicago Tribune, CODK COUNTY TAX CASE. The business beforo tho Court to-day was of o morely routine charnotor, with the oxcoption that Edward Roby, Esq., of Chicago, argued orally tho oase of ITnmilton M, Walrath v. P. M, Olenry, Colloctor of the Bouth Town of Chieago, na followa: Tiamilio thio Town of South Oliiéago, filod his bill §n chancory In tho Circult Court of Cuok County for injunction to restraln tho collection of n_portfon of tho Blato. tox thercon, alleged to bo fiegally lovied under thio pre- teuded suthority of * Auact to provido for paying tho ralicond dobts of countics, fownships, cltics, snd towns,” passed fu 1869 over tho Governor's voto. (Publso Laws of 1869, . 310.) Tho facta uro concsavly detalled in tho bill, To this il tho Attorncy-Genoral domurred, PlafntiT tendora pasmicnt of all taxes ombraced in thio_ warrant oxcopt {ule, aud prays on Snjunction syuinst tho lllegal portion only, pursiant to Briscos v. Alilson, 43 Ti, 201; Durling v. Guun, 60Tl 424, Collection of tuls illegal lovy would esuso irropara~ blo lujury, beentigo the monoy would ba pold futo tho Stato Trensury (Conat., Art, TX,, Sec, 7), nud bo lost to tho owner, Osborii v. Unfled States Dank, 0 Wheaton, 738, . “Tlio plulntiiT has sufliclent goods, of which tho tax can bo made, nnd tho olficer threafon to collect ho moticy uy(dmm- of goods, 8a he is commanded by Dis warront, Tho mothod In_ which this tux 18 lovied, fs found in cc. 9 of tho statuto of 1860 (n. 320 ' In ull coun- tien, townsliips, cities, and towns which Liovo regla~ terad " Ruflrosd afd 'bonds,” tho oxcosa of valustion abovo tho nsscssment of 1808 I rojected from iho comuntation of genoral Slato taxes, The Atditor adds tho wholo asseseed valuo of prop- erty in all othior parta of {ho Stuta to tho valuation of 1803 fa auch conuties, tomshiys, cillos, and towoy and upon the sutn computea * auch o per contns shol bo autliclent fo pay tho_appropriations and othier do- mands npon tho Treasury duo to {ho ond of {ho feal year,” aud iu tho _countes, towns, ote,, whoro ho hus caused the Btato tax to bo' collcctod wpon tho valuation of 188, lio cauttes o bo collocted on tho othor property sacertains € by tho aesessment of 1873 anothor tax for anothier uryose, P58 Bt whon thia T Tovics $,600,000, o canscs it to Yo collected from o portion of the property in tha State, and thon collccta moro than auother million fron'the remainiug portion. THI6 FTATUTE WWAB USCONSTITUTIONAL WHEN PASSED. Goy Pulmer voloed this act as unconstitutional, At tho imo of 118 passazo it was iniended fromn -year to_yenr to 1mapose tho whiol expengo of {ho Govorn~ et of the Stata on o portion of tho taxabla property 3 tho State, ond to_colloct upou the othor portion & separate tax for another purpose, t was Intonded to tako from tho Gonoral Assombly tho power to lovy o Btato tax In any yonr, 6o that ovory personnnd corporation should puy that Stato tax i ‘Propostion to tho valuo of his or lier proporty. 1t was sntonded by o miserablo subterfugo (o ovade tho fundaumoutal principloof taxation fxod n flio Conutitution, Ot cvery tax ehould ba wniform throughout tho Jurisdietion of tho bouy Imposing tho samo, Tho application of the words of tho Constitution mecessary to Justify this caso ls, that tho General As- sembly dota provid that ovory porson aud corpra- tion ebull poy aquaily fu proportiun to the valuo of Lin ar lor property, though the nxcs €0 pasd on o portion of the property are to pay tho debts of towns and cition, und ou’the other portlon aro to pay tho ex~ Yyeuses of the Government of tho Stato, Sueh was not tho intention of the peoplo, 0 words are in tho singwiar: *'Tho Genoral As- y slinlk Yruvmu for lovying a tax by valuation," nnicully applied, this would Dbe satisfied by the Ievy of a singlo tax by valuntion, Jeaviug tho Leglslo- turo freo forever after to lovy taxes ns it pleased. But the Jast clause of this articlo speaks of #“man- 2t consiatont with the principles of taxation fixed in this Constitution.” It 4 clear that tho peoplointended tho words wo are considering to fix ndnrlncl]fln ap- plicablo to overy tex on properts from 181 vo lon us hat Conatitution should oxist ; that thoy wore Intend- ed to eatnblish that the General Assembly ehall not Jevy o tax on property exeept by valuation, Tho claiiso continues : # So that overy porson and corporas tion shall pay & tax in proportion to the value of prop- erty,” If this wus not satisficd by application o a singlo lax, it applied to every tnx for twonty-two years, If it wna o principlo applicablo to evary tax, & t1x of whalever muture, and for whalover purposs, mnst bo Bo lovied that cvery person and corporation ahould pay it fn proportion o' {ho valuo of bis of lor iy, ler defines tho particlo “a ” to bo only the ad- ‘ ane,” sud 50 wo bave read it, and ita nomn, oingular number, To substituto its oxact #ynouym doos ot chango tho meaning, Tho word tax avith whicl §t agreea is singular, and cannot bo pluzal, Woreads “Thy General Assembly shall provide for levying ano {ax, by valuation, o that overy person and orpotation shall pay one tax in proportlon to tho bis or hor proporty . . aud not ofhier- M. Walrath, the owner of certain lota in iz 3 If the people did not ntond tho nonsenso of an ex- perimout upon n ainglo tax, thoy fxed the principle anplicabla to oyory tax; oaclt shonld be ono tax upon eéery peraon and corporation In thoState In proportion to properiy. To rend othorwiso tho numbor of tho slest ut least must o chonged, aud “a faz ™ altored to tho plural “{nzes,” Thoro I8 nothfug in (ho scction indicating an intention 10 uso worda_carclessly, and. thero s nothing either obscuro or doubiful 1h the meaning of tho words used, ARGUMENT FROM TS PRESENT CONSITIUTION, o present Coustitution yprovidon, Arh, X1V, Sec, 2: “Tho Goneral Assembly slull ‘Dever lodh tha eraditof {ho Stats or malte approprintions from the “Treasury thereof Iy ald of rallronds or canals,” At cc. T: 1 All taxea lovied for Slato purposca Lo the Btale Treasury, Geueral Assombly shall provido siich rovouud as may bo uoedful, by lovylug n tax by valuas tion, ko that uvery porson and corporation shall pay a fax {u proportion'to tho valuo of s, ber, or ita prop~ arty. Viuo. 6. Tho Genoral Assombly ‘slall bava no yower fo rolaaso ov discharga muy county, cily, townelip, town, or ditrict whut- ever,or ilo Inbubitsnts thereof, or tho prop- erty'therain from thelr or its proportionato shnro of taxes to bo lovied for Stalo purposcs, nor shall co— mutation for such taxes bo sutborized in auy form whalucover, W, o . For . corpomnte purpones ol muvipal eofporations may Lo vestod with authority Lo auews wnd collect toxen; but sueh taxes shall Lo unifarm i Tespeet to porsons and property, within tho Juriraletion of the body fmposing (se euma, # 0, 10. Tho General Asseibly shall not fmposs taxes upion iaunielpal corporutions or” o Iulibitsuta or property thereof, but ahall raquire that all the taxe ublo property wittils tho limitu of munielpal corporae tiond kball Le fi:xed for tho payment of debfy conlruct- ©d under wuthority of law, such taxes to bo uniform {n respect to pursons and property within tho Surisdics t1om of e body {mpowlut tho anio, Art, 1X., Soc, 8 uuthorizos connty authorities to col- Ioct taxea Bbovs tha prescribed pércontago “ for ihe ayment of fudebtedhess oxlsting ot the adoption of bis Conatitution.” Art, IV,, 8cc, 30, Tho Stato slall nover pay, as- oumo or becomo reaponsible for tho dobls or Lahifitis of, or i1 any manucr give, loan or oxteud 4ix credit to or'in wii o uny publia o’ other eorporution, assuckic tion or fndividual,” Tiiew replaterod dobia nro tho dobte of publle cor- porations, which * rlio State slinll never pay.» “They nfg thodebts of municipal corporations ro- Serred to Eec, 10, for the payment of which tho Genote al Assembly must requiro oll the property within the Timits of siicl corporation fo Lo tuxed, such taxes {0 be tniform withiu the jurlsdiction of the body im- posing tho ene, 11 thio juymout of n_corporato debt 18 & corporate yurpote, tho Gotoral Assombly ia_forbidden Lo finpiso i tax for it PUrpos0 wpon thio corporation or thy fu- Lubitants oF propuety theroof, (Sua, 1 Brcrio 1, such Tevonus ns iy by needful, No ruvenuo I3 noedful on nécount of tho debls of o corporations, Which #ihy Stuto shall nover and which the Leghlaturo fu oxprosly come ed 10 raquire tho corporatians to jy by fapes Ioviud by hean ou tho Droperty witkin thole Sucladios to (ee 100 vomuo it "Flio ueedful Stato rovenue must b so colloct wlf property throughont tho Slato sl soneiat. b Aulform proportiotl,—and Py 1t Into the Stats T peaser Ty, Mo cowity, township, owi, Or district whnporms ov' the intubitants (horeof, or 'the propurly” (heseis’ chnlt o dischuryud from tho proportionaly tharw ot hall cumnulén)uon 1n any form whntaoover bo auftgr. fzed, (8eo, G L ikt g Into the Lecasuey, (AT, IV,, Boc, 1, 4o money shall bo drawn from thio Lronstey oicon 30 ptrauanico of an approprintion matlo by lavn? and o appeopriation cat bo imado Lo pay tho dobia'ar 1z~ Bilithn of & publia corporution, (Hed. 20 "o purpose of thio lovy must Do singlo, T muat bo o Stuto purpose, sud must bo lovied fof tho purposo £ uecdful Tovonua'upon all tho property of_tho State. 1¢ 1 the law lovying tho tax there 1e, &8 an_casentiol clemout af il aw, tho_ sxpreisud or' tmyled agico- ont that tho fax of a certaln disteivt shufl not bo ap- qiopriated to tho goneral Stato purpoaes, but Lo othor Juxpanen, tho whol law must ba void, iUin'collucted In thooity, town, o county for tlio purposa of yuylng ita deht, 1t fo fof n corpornte pur- osscud voud s probibited Ly Bee, 2105 and being void, it leaves tho statuto Jovying tho State tax voud, Deeauss partinl, and - Jovied only on a portion of tha tato. Ditnhiam v, Tho City of Chicao, 65 Til., 001, 1t thien tho Taw minking tho lovy hua fn {t an an assena tial elomont eltlior— (1) Tho discharga of any county, olty, lown, ot dla- trict, ar tho inhnbitanta or proporty thorcof, from con tribiiting (o goneral Stat purpoacs tho proportionnto aliaro of tho Wholo burden (Soc, 0) 3 Or (2) tho commutation for proportionato contribu- tion for goworal Stato purpoacs, by payment of any Bum for aiothior purposs (8co, 0) Or (@) tho imposltlon of & tax ipon tho fulinbitanta or property of o municipal corporation for corporale purposes Beo, 10); - O (b tho relassing of corporate authoritin from imposlig (asca upou the porsons, and property within thefr jurladiction for tha payment of corporata debis contracied tndor antborily of Inw (Be. 10) 3 Or (1) 18 for tho paymont of tha lnbiiily of s publle corporation,—if it Tian in it citlicr of theso thinga ns nn orsontinl cloment, it Ling in it that which {a prolibitad hy the Conatitution, and tho csaontinl cloment cannot Yo separated from it, thorefara tho wholo must fall ns unconstitutional and vold. Tiio statuto in question contatn overy ono of thos alemonts, and 1 thoreforo condomned by tho Conatitu- tion, Wo Ravo scon Ly tho Consiitution of 1848 that thie act of 1800 could not creato _debt of tiio Blato, nor appropriato money for the paymout of Auch debt of the Htato, nor lovy a tax thorofor. (Art, IIL, Boo. a7, 38, "\ttt 2 conld mot pledgo tho credlt of tho Blata 4n_nid of tho corporations ilit gavo tho Londs, Art. 111, (Seo, 38 Ast, IX., Sea, 5.) ‘At that ench Gonerdl Assombly was_emposworod to rovido for appropriations only I tho oxpiration of thie noxt reqular scssion, If tils Btato Constitution s & limitation of powor, thiin olauso is mora diatinet in it offect than If n grant, for by a common rulo of construction each designue- tion of the dutfon of cach Gonoral Assombly ia o i {ation on the power of aithior to 40 more. 00, 98 of Art, 3 of tho Constitution of 1848 wan, Tl crodit of tho Btato sall not in nny manter Lo given to, or n oid of, ony individual sssociation or corporation.” ‘Soc, 20 of Art, IV, of 1870, {s: ** Tho Btate shall novor pay, aRnumo ot bacoma roaponaiblo for dobta or 1abilities, or in any maunor give, loan, or oxtend its credit to, or In pid of any public or otlier corporation, asgoulation, or individual,” 4 “Tlieso now words wera insertod, not s mero thoory, ut fn viow of tho fact that many'counties, towns, an cltios in tho Stato bad loaded themaolvos with gricvoua Habilitios, from which it waa argud that it waa tho uty of tha Blato to rollove thom. Exponsivo publio bufidings, rallronds, ole,, bod 8o burdenod somo tint valies must diminish on nccount of the great taxation noceasary § but it was folt that publio purlty could ouly bo presorved by loaving tho nroperty.owicrs of Sach couuty and ainiriot o pay a1l Tooul debis and ox= pensos, and, drivon by tho sharp spur of golf-intercat, {0 watch the roveuucs snd cxponditures in tholr locals ity, whilo the General Asscml l{ ‘was_to bo limited as 10 bo timo when ite_sppropriations showli coaso, and it power {0 colloct taxes limited to such only a woro needful to dofray tho oxponso of the Governmont of tho Slato, Encli Genoral Assombly was to lovy nll taxos neodful and mako all appropriations, and eack ‘mombor was to o rosponsiblo to his constifuents for bia voto upon thesa aubjects, Tho offect of tho Conatitution of 1870 upon ny and all acta making nppropriations of monoy (o bo drawn from the Slate Troasury, ia {0 extinguish such appro- riations ot tho ond of tho flscal quarter auccoedin Tio adjournment “of tho Twonty-sovantn Genora Assembly in the epring of 1873, (Art, IV, 8oo. 16,) “Any aid all ncts lovylug toxea to pay tho dobis or liabiiities of towns, counties, cities, or raliroads were oxtinguleliod by it Tor tho allcct of a lovy for » particular purposo fa to atthiorizo tho appropriatlon of tho money to that pir- oso. Whon tho pitrposo bocamo ilegal tho lovy for hat purposo beeamo void, By both Conatitutions tho Tevy of a tax for futuro years beyond the timo Jimited was not permilted, euch Goneral Assombly belng required to provide for all appropriationn_to bo_expended duriog s porlod cor- rospondiug with its oxfstence, Ti18 GTATUTE 11AS BECN NEPPALED 1t could not havo created a debt of tho State, for the Constitntion (Art, 1IT,, Sco, 3), ofter_suthorizing temporary debt nover {0 oxceed 330,000, denfed to the Genoral Assembly power to contract othier debls ex- cept for war, and roquired a_¥oto of tho pooplo to eu- ack fho law guthorizing tho dobt and to provide s tax to pay the Intoreat, Tl alono. worla havo probibited the Sato from entoring auy relation ne surety by which it might he- ¢omo tito principal dobtor in'any manner prolfbited by tho Conatitution. 80, 38, Tho credit of tho Btato_ehall not bo given to, or i id of, any fndividual sssociation or corporu~ tion” Countles, for all purposes of Incurring debls, aro corparations (ross' Statuics, 146). S0 aleo aro towns (Ibid, 743, 8ec. 1), 8o also overy other corporation which could take stock in n railrond or give its bouds in ofd of one, Thoy caunot bo nided by the eredit of tlao Stato, " Apsin, i the Siato bna_givon 1is cradit to tha bouds, it has given it fn aid of tho rallrond, ne mentioncd In the firat ling of Scc. 8 of tho statutd of 18¢9, ngainst tho express prohibition of Sec, 38 of tho Constitution, This statufo Incks eloments of n contract, - And {f 1t ‘was o contract, it was the creation of & present dobt ; or elso n contrict to creato s dobt In future, in o man- ner prohibited by tho fundamental Inw, ' As a con- {ract it wzs void, olther as tho dolng or agreoing to do an fliegal act. ‘Tho atatuto conld bo oporative, 1f at nll, only s giv- ing gratuities, to which thore could be no right till thogift {8 consummated by delivery. It in always subject to ropeal. Wo will now briofly note tho moluta wherein the prosent Coustitution conld bo Licld to operatens o Te- Deal of thia statuto, and whoro tho atatulca have so operated. Boc, 1 of tho atatuto prescribod cortain duties £ ¢ oficers, viz: (1) Tho Biato Treasurer was (o placo to thio eredit of tho county, townellp, city, or_town, all tazes collected therein “on tho properiy added to its asscssment sinco 1803, (3) Tho Tax Collector was to porartul taxos Ioviod upon thig ailraad proparly fo nnyamrpnun and by any authority, and pay them' into tlo Blato Troasury, (3) Tho Slatb Treasuror syun o give soparato recolpts for the perverted funds, which wero to bo forced upon the Various corporalfons in leu of tho monoy to which thoy woro cntitled, (4) All this for o singlo vuryoso, amely: that # the' sove oral amounta of money shall bo applled by the Btato Trossurer to tho paymont of tho bondod rallroad dobt of such county, township, city, or town,? Asto tho approprintion of {ho State monoys hera implled, tho Constitution, Art. 1., Bce, 18, fopoaicd it, by requiring that all sppropriations slowld end at o timo stated, It nlso repealed by Art, IV, Soc. 20: “Tho Stato shall nover pay tho debts . . of auy publie , ., corporation,” Bec, 0of Art, TX, 1s fotally {nconsistent with the section of tho statulo, Cortainly this monsy, approptiated befora fls vy to tho sevoral municipal” corporations, plnced to their crodit immediatoly on fts recoipt, and sppliod to pay their debts pursuant to tho order of sppropriation mado beforo its lovy, was_not to bo levied for Slato purposes, and Sec. 10 probibits such imposition for Corporato piirpoacs, Aguin (Sec, 9), vorporato authoritica of citles, towns, and villages ingy bo veated © with potwer to malio local improvements by speclal nsscssmont or spocial taxa~ tion of contiguous property.” ¢ For all otlicr corpo- rato purposes all municipalcorporationa muy bo vent- od with uulhor‘ll{ to nasess and collect tuxos,” “This cnumeration of purposcs for which tho power many bo delegatod excludes xll other pirposed, Taxes for sll corpornto purposcs, excopt local fm- provaments, must be uniform in reapect to persons and property within the jurisdiction of the body im- pnalnglfi“aumn. If this proporty fa oxcoptod from thelr taxes for corporato purposcs, the atatito author- jzing them to tax ull other property is vold for want of uniformity on ol property. g alatules, asido from this, suthorizo valld taxation, Thia oxcoption belng * null, {hoy stand, otherwiso thoy fall, THE EVENUR LAV, Ar. Roby then quoted tho Rovonuolawa of 1872 and 1673 o aliow that thoy had ropealed tho Hailread law of 1800 * Ser. 0 of {1ip act of 1800 fs ropoaled by “An act to provido the necessary rovenuo for State purposes” (1872, p, G70), and, if 1t hnd sny veatigo of vitality, it conld not susvive tho act of - tho samo titlo in 1873 (p. 9). L Hec, 9 of 1869 required tho Auditor fo doduct from the valuation of taxablo property in tho State the in- creaged valuation in tho ralirosd-aid towns, countica, otc., abovo tho ossessment of 1808, aud, upon the amount remalning, to causo to bo colloctod’ such o per cont na shall bo sufliclout_to pay tho appropriations aud othior domands upan tho Treasury duo to tho cnd of cac fiscal year; ““and tho samo per cont should aluo be collected on the raid incrensed valuation above tho salustion of tho year 1868, and uppliod s above provided,” Tl law of 1870 {5 ¢ Thero shall bo ralaod by ""F' tog a tax upon valuation on tho taxablo property In tho Slate, the following sums for tho purposcs hivres after sob forih: For gencral Biate purposcs, to be designated rovenuo fund, $1,600,000 uyon tho lovy of 18733 and $1,600,000 thereaftor, “figo, 3. Tho Governor snd Auditor slnll anuually computo the separata rales por cent as will produca tho abovo sinounts, el no moro, snything i auy olher act proviaing for o dufforont manner of ascorlaining the amount of reveuna to bo lovied for Btata purposcs to {hio contrary notwithstanding : ond when 80 gicor- tained, tho Audifor shall cortify lo tho County Glerka such oparato rates por cont; also such detiujto rates fox othor pitrpogos a0 s now or moy Lo leraarler pro; Vidded by 1uw fo Lo levied and colloctod a8 iato taxos.” oo, 3, All laws OF parts of laws in conflict Wik this act nro heroby rapealod,” 1t fa to be ohsorved : (L) Thoaot of 1873 oxpresaly Jevios this definito amount for ganral Slato purpasci, upon tho asseascd valuo for tho year 1874, and allows 10 keparato lovy on avy valuation for 1608, (2) Tho Tatos 1o Lo cortitiod to t0 bo tho proper rufos {0 pro- duco this sum upon this valuation, und thoy aro to. bo cortitiod to oll tho County Clerks, who shall extond then on thisvaluation, (1073, 1o, e 117) 1t {8 uls0 {0 bo absorved that the Btatuto of 1813 ia not ropealod in torme, and that, §¢ (ko luw of 1869 &8 t0 Lo supposed ahve, (hat clearly i, for thero {8 noth- iug inconalstont in tho lovy of twa differont amounta, in itaclf considorcd, Tho' acoond wight Lavo boon it addition 0 tho first, and our prosout lovy fu fact, £5,200,000, n Yot thero ean bo'no doubt that both prior lawa aid coasa uuder this principlo ; 1t I8 u rulo of luw that whoron_rovising atatuto, or ono enacted for unother, amita provialons contafied {u tho origiual act, tho purls owittad, cannot bo kept in force by construction, but are aunulted, ™ Buch mora do these 1aws, with thelr express ropeals ing clauso and designation of an exclusive mncthod for the computation of rates for lovy of Stato taxes, “nya thiug in any othior uet providing s difforont munnor of ascertiniug, uotwithutandiug,” ropeal and dostroy tho other niothod provided by the' ach of 1869, TE LAWLOR SHOOTING CASL—A BUPERSEDEAS, Briuxarieno, Jan, 14,—Our dispatchos last Dight sunouncod that Emery A, Storrs, Req., had abtained an ordor for a Wit of uporsodous In tho ocaa of Joln Luwlor v. Tho T'aoplo, ota, Lawlor bolongs o class of mon who aro called amblors. Ila got into soma difleulty with one uyal, bolonging to tho sams fratoruity, and the lmaulb wag that Duval was wounded by & plstol- shot fired by Lawlor, - Lawlor wau arrostod, in- dioted, and tried boforo Judge Trea jn the Arin- innl Court of Qaole County, found guilty, and sontenoed lo throo yoars' imprisoument {n tho Ponitontiary, . Tho nnglluuuon forn writ of superscdons was mado to Mr, Justico MoAllister, in Chambers, yostorday, nud an ordor given by him to thia Qlork of tho Buprome Court for the Northern Grand Division, nt Ottaws, diveoting tho super- dodons to Inane, = Tha polnts prosonted by Mr. Blorrs, and on whioh the order of Judgo MoAllistor Is prosutn= ably basod, 'nro na follows s Firsl—Tho evldenco contalned in tho afldavita upon which the motlon for n new trinl was basod wns not oumulatlve/ No ovidenco what- over wne offored by tho dofondant upon the tunl an to what transpired bolween Lnwlor and Duval upon iho ocession of thelr moot- ing, nor what was snld Dby Duval. ‘The witnepsos Dy whom onr version of the onso wna sustained woro so far from tho Acong of nctusl confllct that thoy cnch and all testifiod that thoy could mot henr what the partles said, Tho moro fact that Duval himsclf testifiod as to what transpired cannot mnko tho ovidenco which wo offor_conoluslvo, ‘Wo offered no ovi- donco of that charactor, and nt that timo conla not procuro any. It is not cumulativo, bocause thera is no nvlguncn on bohalf of the defendant in tho wholo case on that point, and nothing that it could cumulnto, Its mntorinlity is boyond ucstion ; tho dofonso boing that tho dofoudant red tho shot from ~tho offect of which Duva]l was injurod, in solf-defonso, without mnlico _or ‘intent to do sorious bodily Injury. Evidouco showing that bo hiad been violently assaulted and beaten fn tho morning by the prosocuting witness, aud that upon tho gecasion of tho shooting tho prose- outing witnoas threatenod o ropetition of tha oxporionce of tho morning, certninly was ma- tarial, ns showing that ho had renson to appro- hond o repetition of tho morning aftray from tho hands of such a porson 88 the prosccuting wit- noss—n powerful man, in tho company of a noteddesperndo—nand sarlons bedily injury, Wo Iusist that, upou thu vyidonca thus produded, no Jury would bo Justified in convicting, Second—Tho Court erred In rnilmlll[]' tho throo instructions marked ** Refused.” The instruction that ¢ If the jury bolioved, from tha avidonco in tho caso, that Duval, and_ tho witnosses Hart- man, Garrity, and McDonald were mon of do- praved and abandonod characlor, it was the right and the duty of the jury to serutinizo their tostimony, and to discrodit the samo, if the jury thought oy woro not_ontitled to bolief,” was refnsed by tho Court, and clearly ought to havo been given. No dircot impeacument of a wit- noss is nocossary, but Lhat their charactors wore abaudoned and dopraved sutliciently apposrod from their own tostimony upon the stand, Third—Tho Court was nskod to instruct thoju that, undor the indictmont, they must bosntistio boyond n reasonrblo doubt, that the dofondant Intended to murder tho prosecuting witness, and thnt ho had this intent at the timo of tho firing, The indiotmont was for an assault with intent to commit murder. If tho dofendant had not tho Intont to commit murdor at the time ho com- mitted the sssault, thon it {8 merely n plain cnso of assault. 'Tho gravamon of tho wholo action is * felonious intont," as charged in the indict- ment, and it is dificult to undorstand why the Court refused this instruction, Fourth—Tho Court was roquoated to fnatruct thio Jury that if thoy bolioved from tho ovidonco that thore was a ronsonablo doubt as to whethor tho prisonor, at the timo of the shooting, was undor ronsonable apprehonsion that tho prose- cmln;fi\mnuas intonded to inflict npon him * ge- rious bodily.injury, and that ho firod tho shot in golt dofonso, the jury must acquit, Inm content to “stato this instruction, and submit to tho Court that there is no conceivablo reason why It should not hiave been given to the Jury. Iz;;flh—'rhu Courtalao errodin modifying tho in- struction aaked by tho prisonor, whereiu tho de- fondant asked the Court lo instruct the jury that if thoy bolieved that Duval was in tho com- pany of mon whom the prisonor kuew to be des- pornte and dangerous chinracters, and that he }md been assaulted, &e. ‘H'ho Court struck out this Jangnago, It was hold by the Court, to whom the applica- tion for o writ of suporscdoas wns mado, that knowlodgo of the fact that Duval himself and his nssociates woro mon of dangorous and des- perate character might contributo, in b Inrge degrao, to excito tho apprehonsions of the pris- ongr that serious bodily injury was to be inflict- ed upon him, and thav therefore tho Judgo bo~ foro whom the case was tried erred in excluding that consideration from the jury. SUPREME COURT OF MICHIGAN. Special Disvatels to The Chicayo Tribun Lassixg, Mich., Jan. 14.—Tho Supremo Court to-dny transacted tho following businoss : 51—Soth N, Oloment v, David O, Voerest. Argued, G4—Isnng Etliott v, Augunt Horz. Avgued, 66—"Tho City of Datroit v, Jonry Wobber etal, Ar- gued, G1—The Peoplo v, Mazain Marion. Argued, Gid—Patrick McDodo v, ne Peaplo, Submitled, 88—Stophen L, Cobb v, Thomss Tteardon sud Ellen Reardon, Reversed, T0—Robert Blackwood v, Willlam Drown, TIE CALL for to-morrow is as follows ¢ 62—Froderick Sulir v, Danlol W. Porkins, 33—Nowell Barnard v. Theodora J. Gampsu and Charles Moye, 42—30aos Dutek v, William Smith, 28—¥rederick 0. Brown v, Renssclaer Thompson a0d John 8, Thompson, 18~Tn {ho matter of tho appeal of Catlierino L, Gam- eron from tho order of tho Probata Court, disallow- ing her potition praying to bo sppointod guardiun tn- to Carrio Careron, ‘Bell Gamoron, and Douglass Cam- eron, minors, 64-3Tary A, Mandlobaum v, Josoph Nicholson, 85- ililam 8, Seamon v, Willlam O'Hura, Matllda Rogors v, Oarriok 13, Randull, fary J, onry and Imae Heary v, Edward B, 07- %n'gufiy, Township Treasurer of (hio Township of owoll, i 08—Charles Moser v, Myron Whilo ot al, G0—Tredorfck Lambert v, The Paoplo, B—Georgo W, Iteed v, Albort M. Drako, CHICAGO. SUIT ADOUT THT DBAKE'AND WILDER DLOOKS. Judgo Farwell in ongaged in Loaring the case of Jahn King, Jr., against Nathaniel P, Wildor, John B. Drako, B, Lockwood Drown, Charles Hiteheock, and the Morchants’ Insuranco Com- pany of Chicago, Tho bill of King, which was originally filed Dec. 80, 1870, sots out that lie is tho owner of ono undivided half of lots 18 and 14in Bluck 15 of Fort Denrborn Addition to Ohicago, known as tho Drake and Wilder Blocks, on the southeast cornor of Washington street and Wabash avonuo. In June, 1839, he purchas- od tho Jota from tho Government for $778, but tool tha cortificato in tho namo of John Moore, in pursuancoe of a partiol nndorstanding botwoen complainaut and ono Nathan Richardson, by which they wero to ehare jointly in' lands pur- chased here, and to havo the proporty put in the liands of somo mutual friond. This agreomont was subsequoutly cnrried out, and Richardson took ono-half of said twolots, King being in- dobtod to Richardson, requested Moore to con- voy the wholo titlo of said lots to-him, ona-hnlf a8 his own, and tho othor half in trust to secure tho rapayment of ihoe loan, which was done, so that Richardson ostensibly held the title to tho whole property. A contract showing tho rela- tion of tho partics was mado, and is now beld by XKing, Moore subsoquontly obtained & patout from the Govornment, butit is claimed that ho only holds it in trust for Ricbardson, King nnd Moore wore in partuership here for sovoral yoars, with N. T, Wildor ns one of thoir clorks, who thus becamo {ntimately acquainted with complainant's afairs,* Tn 1840 tho partnor- slip was dissolved, and King subsoquontly bo- coming embarrassod, nesigned his contraot with Richiardeon to Mooro to onable Luim to borrow §1,000 thercon, which was obtaiued. In 1860 Richardson camo to Chicago, and oxtended the lime for tho payment of King's noto indefinito- Iy, and also_paid him what ho (Klngg had paid for taxes, Moora also was very loniout as to the £1,000 borrowed of him, snd “nover demanded payment or foroolosod complainant's rights inthe coutract, King; charges that, in 1850, Wildor, Pnlan ad- ‘vantago of. lfiu knowledgo of complninant's nf- fairs, [raudulontly induced Richarduon, by fulso roprogontations as to the value of the proporty, nud the power of complainant to psy hia dobt, to soll him fl\vildor), on the 1st doyof January, 1851, tho titlo Lo tho two lots for the sum of €5,600, when, as is alloged, they woro worth 3‘10,00& nbove the incumbrance, Wilder also, a8 18 ohnr(iod, appropriatod complninaut’s plan for a dwolling, and soon after orocted n houeo on the promisoy, King did_not know of tho salo for Aomo months, and alloges that it did not altor his rights _mor forcoloso {s equity of rodemptio n. Wilder subsoquontly Bold by mesno conveyancos, tho west halt of tho lota to John B. Drake. King says that for many years nftor Lo was informod of this conveyanco, 0 wad in embarrassod clioumstances, and un- ablo to rafue the monoy and domand o reconvey- nuco of his half, of which dofendants took ad- vantago, and hie now asks a roconvoyance and an account of thamany years' ronts au l)mflm. John B, Drako flfed an anewor stating that in Docomber, 1865, ho ‘Yuruhnlml the wost half of tho abavo' monlione promises of ono Moses IS, Moodoy, for §22,000 f thut tho title was cloar; that holmow of no equitios of l(lnF or any ono olse, and is in gll rospeots o bona i do purchusor for ‘velue, and at prosont In possession of the prom- isos, 1le also denios that King olafned suy in- torost iu tho vromises until tho judgwents out~ standlng ngainat him had oxpired by llmitation, and that ho purposoly dolayed making sy olnim untit ho could do so without dangoer from hla oraditors, -Nathnnlel P, Wildor, in his soparato anawer, admits that ho owna tho onst hnif of Lots 11 and 14, o donies thial King purchasod thoe lots for llmnolf, but ntatos that thoy were bought for Nathon Richardson. - 1o also donios. that Mooro conveyad mx{ one-hinlf of the promises to Rich- ardgon: in’ trust, for King, or, that King and Titolinrdson over mado any oontract showing thaty thoy wore jolnt ownors, nnd donles that Itlohardson over liold ‘tho promisos in trust, to bo reconvoyod on the payment of auy sum of monoy, Ilo doos mot Inow whothor hio wns King's confldential clork or not, Ilo ndmitn thnt ho purchingod tho promisea from Richard- gon, but donfes that any fraud wasused, and olnims to bo a Lona fido purchasor in posacasion, ‘Ihio it involvos ong-half of tho Dralie and the Wildor Blocks, which are worth about $000,~ 000, and the nmount _in controversy, theroforo, is nhout 8800,000. Mosars, J. P, Atwood mnd Jolt _Woodbridge apponr for tho complaivant, and Hitehcoel uyrno, ond Evarta for Mr, J, B, Drako, and idr] dgo & Tortollotte for N. I, Wiidor. 1t will ocoupy, probably, tho romaludor of tho weol, IIE WANTS M8 FLUES REPT FIEE, Ephriam Ingals commencod n guit in tho Su- porior Court Eentorduy againet Cooilin B, Pla- monden and hor husband, Ambroo, to roatrain them from stopping up his flucs. It appoars that in 1869, Ingals_ bought of John Crighton, tho hotiso and_lot No, 84 I'hroop stroot, Origh- ton nlso owned tho ot noxt sonth and sdjoin- ing No. 84, The houso sold to Ingals run ovor soveral inchos on tho south lot, the' dividing lino of the two lots boing notually -in thie contro of tho wall, making it a party~wall. An agroe- mont was mado by which Crighton or his assigns agroed, whon a houso was erooted on the south lot, to pay onc-half of the valuo of the wall, g0 that it could bo used a3 n party- wall. Crighton subsoquently sold to ~ Mry, Plamendou,aud she, nfter paying the agroed price, Line commonced bullding. Complaiuont now al~ legos that tho true meaning of tho contract waa that nothing should ba done to his south wall which wonld injuro his casoment or destroy his flues or air-pagsngon, nocossary to tho fires, and thorofore nsked an injunction to provent tho do- fondnute from proceeding with their worlk, which ho nlln;iau soriously injures his promiscs. Tho injunction was accordingly fimnwd by Judge Moore, undor a bond for 81,000, TIE HOWE MACIHINE COMTANY IN A NEW PART. A cnso was tried yostorday bofore Judge Gary, In which the Howa Machino Company a| pnnru& a8 plaintiff and Mies M. O. Bayles as defendant. ‘Tho action was brought in roplevin to recovor a machine, and it nxgmnmd in ovidenco that after tho firg tho dofondant, & soiwing-woman, applied to tho Roliof Socloty for aid to- purchaso n naw sowing-machine, hers having boon destroyed in tho fire, The Ralief Socloty, as was its custom, gnvo hor an ordor on tho Hows Machino Com- pany Lo doliver her a machine at_an ngroad dis- connt of 40 por cent, tho Aid Bociety promlsing topny 820 on the purchase, the remaindor to be Enld by Miss Byles. Bho took this order to the Company and so- leoted n 890 mnchino. The Howo Company thon asked her to signn paper, which sho did not road, but, supposing it to be o recoipt, sho signod it, and went on hior way rojolcing with her machino. Some time aftor tho Company sont hor o copy of the docnmont she had sigued, and sho then “learncd for the first timo that it was o loage, foreiug hor to rostore the machino at the ond of nino months, and calling for the payment of rout, instond of paymont of pur- chase money, Bho immodint oly wont to the Company nud demandod an explanation, but thoy refused to givo it, and somo timo aftor thoy replovined hor machino, claiming that she had not paid tho reut in full, She proved, how- over, that sho had actually paid 81 more than was called for by tho bargain. ‘Tho counsol for dofondant attachod tho lense on tho ground that it was obtained by fraud and misropresontatton, and the jurors appear to havo coincided in that viow of the caso, for they wera not out five minutes beafore roturning o verdict for tho dofendent, DOWER WANTED. Sophio C. Togt, of Milwaukeo, filed potition against Blsio C. Wost, B. K. Millcr, nnd Thomas Galpin to bave ber dowor sot off to hor in cer- tain premisos. Sho states that in 1865 hor hns- band, Ifenry O, Weat, died soizod of the parcol of land on tho northeast cornor of Adsms and Clinton stroots, fronting 80 feot on Adams strect by 160 feot on Olintou stroot. There aro some emall wood tenoments on tho proporty, rented by various parties, but no permanent improve- ments. UNITED BTATES COURTS. Jozoph R, Payson, as Assigneo of the Repub- lio, brought puit against John D. Kinney for £10,000. DANKRUPTCY TTEMS, Swunt', Dempstor & Co, filed o potition againat P. I. Waldmer, olnllnin&: that ho had suspondoed payment of an account duo them, amounting to 652,18, aud had also given a judgmont noto for 9097, on which lfludgmanc was entered. Tho dobtor appeared in conrt and confessed himeelf bankrupt, and an adjndication was ontored and & warrant issued for Feb. 16. W. J. Bhick filad n voluntary potition, ITia schedulo shows his liabilitios to bo about $20,- 000, and his nesots about §8,600, consisting ot Lis {utorzst in dobts duo tho lirm of W. J. Shiclc & Co., of which ho was a_member. Tho cuso was rofarrod to Register Hibbnrd, Tho proceedings against Thomns Whitflold were orderod to bo dismissod absolutely. The same order was made in tho caso of A, W. Nason. In the mattor of Josoph {Rosenfeld an_order was onterod that the procoedings stand dis- missod, unloss objections are filed in ten days. ‘U'ho Ausignoo of Franz Schnoider was ordored to soll tho bankrupt's stook, at not loss than 85 conts on the dollar of the inventory price. ___BUPERIOR COURT IN DRIEF.' Rolarid II. Smith and Willinm H. Smith bogan auit for 92,000 against Amasa E. Bwilt, N. O, Swift, and W, H, Whittier, Tho J, 8, Mott Iron Worka commenced an action againgt J. 8. Crawford, E. K. Chamber- Inin, and 0. B. Brown to recovar $2,000, Edwin 8, Btowart began suit in attachmont agnivst James M. Thorpo to rocover $2,000 worth of sash, doors, and blinds. Honry B, Austin bogau suit for $2,000 againat Thomas P. Stone, James Baxtor bogan a suit in dobt ngninst ‘Z'BJ)' é!‘tjzlph and Francis Ryan, laying damagos at 81,200, ‘Lo Mershall & Coldwator Rmilrond Company commonced suit in sttachment against Martin V. Wagnor, to rocover £,000 subscription to tho stook of the Company. CIRCUIT COURT ITEMS. Jolin J, Kylo bogan a sult against William A. Bigler for $2.000. " An attachment in'aid was is- sued. I'he People of the State of INlinois brought n suit in ojoctmont ngainst Michaol Shehan, laging damages at $3,000. COUNTY COURT. Agrant of administration on the ostflo of Goorge W. Plumor waa granted to Leoneita J. Plumer, undar a bond for £3,000, Tho will of I, G. Vernsems was proven and Tottora testamontary issued to Richard Vorsomun on his giving a bond in the sum of ©32,000, Kntharinn Webol's will was proven, aud lettars granted to Christiana 0. P, Webel on ber in- dividual bond for 860,600, JURORS’ FEES. To the Editor of The Chicaga Tribune: + B Iwas glad tosco your editorial this morn- ing on the bill to regulate. jurors' foes, &o., and algo that tho edine wiil probably be retroactive. T sorvod on one of tha jurios of 1878, and it happenod to bo composed almost entiroly of Inboring mon, who woro losing thoir wagoea every day to attond this court. Iwell romombor the lnngunga of thoso who had come from remoto parta of the county, whon, after nfi)ondlng two weoks horo, they becamo awaro that, bosides losing their timo, it would take about all thoy had mado for the romainder of tho month to pay thoir hotol-bitls hore, 'I'lis i8 & poor way to pro- vido for hard times, ConatoN JUSTICE. Cuxoado, Jan, 14, 1879, 3 R SE— SMALL-POX IN KENOSHA COUNTY, WIS, Kexosia, Wia,, Jau, 12,1874, To the Editor of The Cliteago Tribune : Bm: I aco In "T'ne TubuNE of to-doy dis- pateh from Milwaukoo stating that the small-pox Lind appoared in Konoshn County, aud that thero bad boon govoral doaths, Only ono death has oceurrad na yot, and that wes o 'woman who cumo from Ohleago to Hrlstol with the disonso, Bomo throo waols sinco, o family of_threo, roported to havo eseaned from the Dost-Ilouse in_Ohicago, Pnaucd through Konosha to tho Town of Brighton, n this county, in consoquence of which sovora cnsos ara roportoed in the country towns, Thoro ero somo six or oight casos_in the city of the varlolold from amall-pox, but &1l aro doing \v&!l. o —_—————— =Tt 1a roportod that Mrs, Laura Fair {s again marrled. If the roport be trne, it ip a litlo sirango that her now husband basu't advertised (brough tho uuwunngnri that o won't bo re- aponsiblo for any dobts sho may contract with rotail doalors in })lutolfl aud powdor.—Loulsville Courier-Journaf, THE MILLERS. Second Meeting of the Asgocia- ~ tiom, Report of tho Transporiation Commit- tee---Diserimination Against Flour: 3 Shell There Be an Official Organ P Disoussion of Middlings and Dressing Mill-Stones. MORNING SESSION. The accond gonersl Convention of tha Amorl- can Millors' Assoclation, wag held in tho Mo- Cormick Hall yostorday. The Conveatlon was prosided over by Jacob Barnos, of Grand Rap- 108, Mich,, Prosidont of tho Assoclation. ‘Thore woro, at tho timo of mooting, only aboub thirty mombora of the Assoclation prosont. Thoy woro callod to order by the Prosident, who #ald ho was surprised to find so small an attend- anco, but thought that en improvemont would bo visiblo in the aftornoon session, - Tho Baorotary, . B. Morrill, of Kniamazoo, rond tho minutos of the last moetiug of the Ag- soclation, kold at Tolodo, O., on tho 17th of Juno lngt, TITE TREASURY. Tho report of the Treasurer was presentoed to tho meoting, ehowing rocelpts to dato amount- ing to $350, and expenditurosamounting to £0804, lenving n balance of cash on hand of 3166, Tho roport was, on motion, ndopted. Tho Committoo on Publiontion asked for and oblained an oxtension of timo to prosent their roport, 3 TRANRLORTATION, Mr. J. Earlo, of Lafayelte, Ind., on bohalf of tho Committoo on Trausportation, handed to the Scerotary the following roport, which way road to the Convontion: “Your Committeo, to whom was referred tho subjoct of transportation in conncctlon with tho milling fnter- ogt of lio Unitod States, would respoctfully report that they bava takon tho subjoct undor_caroful ndvisoment, and fully realtzo tho importanco of tho dutica assignod om. . It i well-known to overy millor shipping flour upon railrond lincs, that there'are certnin usages aud ruics enforced, governing trausportation, that placo mitlers at n disadvantago us reyarda tho Ahipmont of grain in bulk, ¥lour is ulwaysin packages, barrels and sacks, m::i‘ h"l‘ courso s always billed of on aclual specific wolght, No possiblo advantage can ho takon in_this respect, ovon if wo desired o, whorens it [s notorious that shippers of grain fn bufk, overland or by water put in an oxcess over tho smonut billed of from 1,000 Lo 5,000 pounds in each car-load, ‘T'his practica fs claimed to o Justifiable, for tho reason thatitis nllegod railrond companles whl not Do rosponsiblo for leakagos, dawmages, or wasto of any sort, and thia 18 done to cover lnf' possible ahirinkago or injury that may ocour in transit, ‘Wo deem §t but Just and equitsble tnat all_ should ay a uniform and reasonable rato 3 bt wo do feel in s mattor that, 1€ auy preferanco Is whown at all, it abould bo given, by all means, to_flour {n packegos, which, s compared with wheat in_bull, s, in the :fl‘nlfln of your Cominitteo, 8 decidedly preferablo A of frelght, clearly defined and oaslly handled, Your Committce also desire to bring to tho notica of tho Convention auothicr dlMculty, which most of us havo porsopally enconntered, and that i tho frequent and, oftentimes, nbrupt changes made in tho tarlt of froighls, varying with “scason aud demand for iransportalion, - Wo respectfully submit that this practico Is docidodly prejudicial to tho intorests of noth buyera and scllers, aud wo do carnestly hopo that something may bo dond specdily to nbate this evil. Wo do sinceroly bellevo that it would b influitely boter for ol parties, rail- rond companles, millers, und _dealers, thut o uniform Tate of tansportation b fixed upou flour at nll feasons and under all ordinary conditions, Were this tho case, manufacturers and dealors could work _togother understundingly,and a price-list be adopted, iree from tho uucertajutics aud disturbauces cansed by n fro- quent chango of rates, and flour could bo ehippod upflnnch!.ll’ly defined murket valuo, Other matters of intorost in conncetlon with the subjoct of transport- ation fall naturally within tho wcope of Investigation aud roport of your Committee; but inasmuch 88 wo deom our oifico to o, maluly, the mero formal introduction of the topic to tho Convention, nud hay- fug briafly allnded to theso moro saliont points affect- {ug our intcroats, wo beg loavo to closy our rapart, nn- ticipating a full discussion of the wholo subject matter by the Convention, aud tho adoption of siuch meas~ ures as whall teud to bring about favorablo results, RESOLUTIONS, In conclusion wo reapcaifully present tho following resolutions for tho considoration of tho Associatioy, subloct of course, {0 alteration, amendment, aud sub stitution : Resolved, By tho millera of tho United Blates ns- semblod in masa conveution at Chicago, Jun, 14, 1874, that in tho matter of transportation of flour, wo ro- epectfully urgo upon transportation linos the favor- ablo consldoratlon of the following requcats : 1, That flour in packnges havo precedenco of ship- ‘ment and rates, ovor wheat {n bulk, 4, That o tarfiT of ratos bs ndjusted wpon an equit- sblo Lanls, without diserimination or projudice to the intorest of millors. 5 4, That uniformity snd steadiness of rates be main- tained, » matter of utmost importance, without whioh thore can bo really no pormanency in the markot, ) DISOUSHION. A discussion upon the report_followed, which was taken part iu by Messra, Wardon, of Dar~ lington, White, of Clovelund, Morrill, of Kala- mazoo, and Trow, of Madison, who showod how tho railrond disoriminations and tho rolonding of cars affacted thoir interests at their peculinr shipping points, Mr. Wardon was at flvst op- posod to nuy chango in tho prescut relations botwoon shippors and railroads, but on o sac- ond reading of tho roport, for the bopefit of thoso who hiad not honrd it, ho exprossed Lim- solf in favor of its adoplion. On his motion tho report was adopted. PUBLISHING COMITTEL'S REPORT. Mr. Whito, on bobalf of tho Committeo on Publishing, road the following report: . Aftor n thorough oxamination of tho question of publishing a National Mitlers’ journal, wo Lnvo coma to tho conclusion that u Nutional Miller’ Journal is o nocessity, It ordor to carry out tho viows of this A soctation, which are fully 5ot forth in the pamphlot publisiied of the o procecdiugs of tho past two Gouoral Conventions, and wo would recommond that such Journnl bo a woekly of 8, 13, or 16 pages of the slzo of Iarper's Weekly, snd publishod in Now York, Oleve- land, or Ohicago, and that wa boliove it will be for tho Interest of this Association iteclf to own auch journal, ‘beeauso wo bellove it will hocorao an increasing sourco of revonne to the Association, Tho Convontion then adjourned until 2 o’elock in tho aftornoon, P AFTERNOON SESSION, At tho oponing of tho afternoon sossion the President aunonnced that, on account of tho in- Eorllncn of tho disonssion of the roport of tho ommitteo on Publication, it would not be con- cluded until thoro was n largor gathering, Mo algo stated that, if tho Associntion was willing, duriug the ovening an address would be mnde on tho subject of tho objocts of tho Association. The Secrotary rand communications from various mombers, expressing regrot for their uunavoida~ Dlo ubsance. THE PROTOSED JOURNAL, + Disscusalon upon tho Publishing Committec’s report was declared in order. < r. White, in support of the necossityjof an organ for the Associntion, showed to tha Bociaty sovoral succeesful publiontious in the intorest of difforont trados. A moni; theso was n_coopers® monthly with & clrculation of 0,600, From the ‘publishiors of this monthly ho rond an offor to publish a millers’ journul, Ho aleo cited the Machinisls' and Blacksmiths' Monihly a8 n auc- cosuful - trados journnl, Ho urged go atrongly tho claims of ) * CLEVELAND, 0., as the fittost place for tho headquartorsof a National Association and the publication of o millors’ journal, as to cango the audionco to wondor how it ¢ame that all the nowspapers of tha Uniou had not long ngo omigrated to that favored city. Tho organization could in Ohlo obtain the capacity of suing and being sued in a simplor mannor ‘than aoy other Stato, Both housa and_oflico rent were marvelously choap. ‘Iio Post-Oflice, oxpress ofiiees, printing ofiices, xallway statious, oto., wero nearor togothor in CLEVELAND than in any othor city of tho Union. ITo paid o glowing tributo to tho cditor of the Kngincers' Journal, whom he chargotorizod as s fine and well-made o man a8 Gen. Grant, whom he had voted for at tho last eloction, [Appluuse,] o contrasted tho eapabiiitioa of throo rival CLEVELAND rinters, with allbor of whom the job of pub- Kuhmg tho Millers' Journal could Do safely in- trasted, and explained tho mystorios of * atand- Ing-mattor,” **fat takos,” *subs,” oto, In con- clugion ho sald that Lo, boing u cosmopolitan, was froo from prejudico, ' Lo folt that ho had douo Lis duty.both by tho Association aud by OFLEYELAND, Tl drew a vivid ploture of Lhe future of the Jonrnal, a8 conduotod at Olovaland, ‘At the same timo, it tho Association decldod (o have the Journal published in New York or Chicago, ho would ab ouce acquicsce, A BET-DAOK, Durlug tho spoakor's remarks Mr, Toborteon, a mombor of the Publishing Committes, who Lind not beon consulted in the proparing of tho report, intorposad, stating that ho thought that ho nud Mr, Vhlttonmru\ anothor mombor of tho Commlttoo who had not had anything to do with tha roport, should, with Messra, “Whilo and Linton, roconeidor tho rn‘mrt. and put it in o shapo moro suitablo to tho meeting. Aftor tho report had boon rorend for Mr, Nobertson's bon- efit, hio'atated - thnt ko conld- not indorun it. was thon rocommitted to the Publishing Com- mitteo, ; BTATE ORGANIZATION, - Thio Prosldont announced that the auestion of Stato organization wan the next 'subject for din- ousslon,—{n_short, * whether the orfinnlzmon should romain n mnes organization or be horonf- tor n dologato convontion, with branchos in the difforent States, - e Mr. Siator, of Ohlo, mlgnuatml that a canvass bo made of tho mombors of tho Ansacintlon prose ont, with n view of findiug out what Statos woro roprosoutod. - . Tho Prosidont thought the oceaslon & favorn- blo one for thoso who had not alrendy dono o, Il-‘o clnmu forward and sign tho constitutllon and y-lowa, ‘I'ho Bocrotary rogratted that this atop was im- rmmlblo a8 Lo'had not tho conatitution and by- aws with bim, Tho question was passed, and that of iho dresslug of mili-stonos was talkon up. DRESSING MILL-STONEH, Mr. Van Flict, of Big Raplds, Mich., produced 8 plun of two run of stonos, for which ho claimed peculiar advantagos in furring, Tho plan was examined by the mombors of the Assoctation. BAGHIFIOING INTELLEGT TO MECHANISAL ‘Whilo this was goin on, Mr, Wardon statod that ho did not think the commercinl intorests of tho Convention should bo snerificed to tho mechanfeal. 1t was cloar that if 8o much timo was spent in tho examination of one plan, no thno ‘would bo loft for tha discussion of im- portant topics which wero demanding their con- sidoration, Mr, 0. IC. Ostrandor, of LuCrouse, Wis., callod the attontion of the Oonvention to 8 machino by \vthlch tho burr-whcol could bo cut with an omory- stono, TIF. REFORM OF MIDDLINGS, Tho question of ** Purifying Middlings " was pronounced in order by the Prosidont. Mr, 8lator, of Blanchestor, 0., produced a small snck of purlfied middlings, which was subjocted to critical tests by the mombers of tho Convention, Thoy shook tha flour over tho table, patted” it with ivory Pnpnr'nmtum, mndo little puddings of - it i tho palms'of thoir hands, nto theraof, and unnnimously oxprossed the oPlnlun that it was ¢ protty cloan middlings.” Thon Mr, Blator pro- ducod the * Blator Dolting-Reel,”” with which the purification of tho enoks of middlings hnd boon accomplishod. Among its ' miny vaunted quali- tos was tho vory important ono that it was tho only **bug-proof * reol iuuke, & stutoment 'tho effeot of which will be to esuse cloanly cooks to insist in future . on the purchase of the * bug- proof " middlings, as turned out by this delicate pleco of machivery. The fact that it daes not **obatruct tho passsgo of the chops” is alao considered a semn‘g point in its fuvor, Mr. Korn, of Milwaukee, spolco for s fow min- utes on.his system of purifying middlings, in which ho has usod the Lacroix purifior. Ho was fitling un his mills with the new Lacroix puri- Hiors. Ho was coufident that the day would soon como when the best flour wonld Lo that made from Northwestern whoat, Ho bad_sixteon run of stonea at presont, and had turned out 168,000 barrols of flour last year. T'he nverage por stone was from 50 to 126 barrels of flonr every twouty-four houra. In answor to o question by Nr. Warden, o statod that he had mado monoy st milling. At any rato, he had the namo of biaving dono so. e was quite satisfled with his balance-sheet of last yenr. Mr. Hibbard, of Grand Rapids, stnted that fu his mill ho bed ueed o boltx ing-reol, mado by ono _Wbittomoro, of Llinois. With this purifier he had improved his middlings ot least $2 por barrel. Ho had triod thom on both woft and hard, spring and winter whoat with oqual success. OHICAGO ON. MIDDLINGE. Mr, Mollon, of Ghicago, who has had consldor- ablo oxporionco in the saleof flourin this eity, statod that ho had found as many differont qualities of middling-flour sinco tho introduction of puriflors as previously. Still the introduction of theio machines had completely revolutionized the flour trade. - The thing was to. got the best machinory. As an export fu flour, ho thought that that which came from Quincy, I11., was tho bost in the Chicago market. An unfortunato circum- a subsoription list of «t least 5,000, ot &8 por yoar, to mnlo the Journal n paylng concern. Mr, Korn thought that it would be well to find out whetlor tho tillors would be willing to sup- port Buch a papor. Judging by tho prescnt maoting, thero was consldorable apathy on thoe pact ot tho millors with rogard to tho Associne tion aud ita objeoty. Bovoral othior gentlemen nddressed {ho meote Ing on tho nubject, among thom the Drosident, who thought tliat tho Arsocintion shonld hardl; nt tho precont timo go into the publishing huefs nesy, 1lo favored the Assoclations’ pledging their au{xpmt to tho American Miller, nud the convorsion of that papor into o weokly as_soon g 1t was found fhat such n chonge could bo mado without fear of fallure, Ilo would moya that the Assoolntion gludgo thelr support to the American Miller, of Ottnwn, Iil, but soon to be romovad to Chicngo, without, howover, making it tho organ of tho Association. Mr. Chisholm called the attontion of tho meet- Ing to the fact that tho procurlng of correct ‘markot roports from varions parts of the world by tho Associntion would incronso its membors Ly tho bundred, 5 Tho motion of Mr, Darnos wag put to thomeot- +ing, and earried unanimously. BTATE ASSOCIATIONS, Mr, Whito thon moved tho following : Ttesolved, That tho Arsoclation recommond, nnd strougly urgo on tho Vico-Prosidonts, to immediately orgnnizo Htate Millors® Associations, fo act in concort withitho Nntfounl Associntion, that the ovils come plained of may tho moro specdily bo ontirely eradis cated from the commerclal centres of evory Blato and Torritory, The resolution was cnarried, nfter which tho mootin, m}l]onrned to ronssomblo in tho parice of tho Pacitlo HHotel at 0 o'plock this morning. —_— DAVID A. GAGE. His Case Called Up Yesterday. His Counsel Ifad Not Fully Considercd the Indictments; And It Was Postponed till Friday ' Week, Tho Btate's Attornoy enllod up the Gago caso in tho Criminal Court yeaterddiy moraing, for tho purposo of honting what the attornoys had to #ny with roference to the indictmonts. 'Tho court-room was about half full of peoplo. Mr. Gago was not- present, but Mr. Swott and Mr, Doxter, of his counscl, wero. After dinposing of gsomo small casos, tho Court (Judge Rogors) said: What olse, Mr. Reed 7 Tho Btato’s Attornoy—1his is tho mormng on which I notifiad the connsel of Mr. Gago that ho should appenr and plond. 3r. Doxtor—I would say to your Honor that wo wounld like » lttle time to look into the popers, Siuce thoy were flled I have boon vory busy, and have really bnd Do time to oxamino thom, and two or three mattors aro set which will occupy my attontion the remaindor of the weck. It so bapponed that some deferred matters in the other courts all enme on at onco, a8 your Honor knows i8 frequently tho case. Idonot know what my brother Swott has done, but wo would liko nlittle time to look into thoso pnpors, in order to detormino what course wo wlfl take, I am compelled to osk it, becanse I havo had ab- solutoly nono up to tho present timo. Thas is our purpose horo this morning. - ‘The Court—What day, Mr. Reod—would Mon- dsy or Tucsday of noxt weel do? Tho State's Attorney—If the Court ploaso, I think tho gontlomon ought to say—thoy' havo certainly had timo enough to discover thom— whothor thore are auy techuical dofects in the Indictments, so that, if thero are, thoy can Lo considorud by others. If tho objections go to tho substanco of tho chinrges, that is a difforent. question. 7 Mr. Bwott—T dosire to say that, go far ns I am. concerned, I was employed by Mr. Gage tho moroing after the indictmoents wore found— atance in connection with the mill!ng trade was tho fact that tho demand for export flour was so pront as to loavo but littlo profit to the miller. Tho price of flour in tho clty was not duter- tormined by tho cost of its production to the miller, Lut by its quality alono. On ‘motion, it was docided that the ovening iafs:klm bo hold in parior of the Grand Pacific otel. 3 5 St EVENING SESSION. Tho evening session was held in & parlor of tho Grand Pacitio Hotol, and was bettor attond- cd than cither of the previous oncs. ‘The Obair- man, having called the meoting to ordcr, stated that the subject of . BTATE ORGANIZATION not having yot boen discussod, he would suggest, that romarks on that subject be mada. : A mombor of the Association from Dotroit #aid that, in his o¥il|lnn; tho milling intorests of the country required s rogular orgamzation, o roforred to the early history of . the Associn- tion, whoso ob{ccés, ho snid, wero not yet fully underatoad. Whan' Stato- orgunizations -were formod throughout the country, they wonld help tho national organization. Tho Association was for the bullding up of tho common in-* terost of millors, - Othor intorosts had their - organizations, and meiy - of them woro among the strongest inatitutions in the country, and had self-sustaining organs, which added strongth to their cause. Tho mitlers ought to imitato thess institutions with ono of their own, when they would stand in a vory differont light in tho community than thoy did noy. He statod that thero ware about 25,000 mills throughout the uonnh‘g with'an aggrogato amount invested of gome 500,000,000, - Thero wovo ground in tho United States yeorly somo 800,000,000 bushels of whoat,: whiok, at $1 & bushol, added to tho amount of monoy roprescntod in the mills, mnde up'about £800,000,000 of capital invested. With those figures Defora tho moating, it must bo ovident {hint o National Association was & national nocos- sity. Ho favored tho ostablishing of o millers’ journal, to bo supported by the funds of tho Associntion, - A- fow pooplo . would: havo to step forward and put up thoir checks whoro thoy would do tlio most.good. Hio wns readyto join forty-nine othors in raising £26,000 to tart the journal, Ha - thought tha Dby tho oud of two yonra the Association would Lave the origiual outlay repaid th - Through that journal they would bring ont’s Stato organ- ization with. delogatos to the National Conven-. tion. Ono duty of tho i|uurnn.l ‘would be the bringing to light of adultorations in flour, of which .some vory succossful specimens wore manufactured and gold in Boston, and the show- iufi up of whatovor was not legitimato in. the willing-business. - MR PRATT thought that somo courso should ho taken by which tho 14,000 millora in the country might bo* ronchod. Thelr interests amounted to one-tenth of tho manufacturing intorests of the country, though they were the last of all to organize an Association. Mo spoke strongly in favor of an ofilcial “organ, and instancod tho succcsa of thoso of other intercas as a ronson why they noed uot foar to undertake the anterprise, . D TUY PUDLISHING COMMITTEE, Tha Chair calld attontion to tho fact that tho roport of tho, Publishing Committoo had boon recommitted for cousideration, "He wonld like to kuow whothor tho full Committee woro ready with & fresh roport. Mr, Linton stated that no new report had boon framod, and rosubmitted tho original one, bIA motlon was mado that It be laid on tho ta- o, Mr, Donl opposed the motfon, stating that ho thought the question of the oxistonce of n mill- ors’ organ was of groat inportance and desory- ing of immedinte settloment, Ilo lhuuslw suoh a paper would bo solf-supporting, and quoted 1ho status of previous journnla of similar cliar- acter in support of his opinion. Mr, llumfi oxproesed bis disapprobation of the motion, To lay on the tablo would bo an ond of the muttor, and ono of the Assoviution’s most finportant - purposes would bo thwarted, T'he motion to lay on tho table was loat, On niotion, the roport was acceptod, UNAENT NEORSIITY. Mr, Linton atated that ho underatood the no- cossity for an organ of the Asscclation was urgont. Chore was a gontloman present who way willing to publish & papor in their iuterests it it would bo rocognizod by thu Associntlon ay thelr ofiloinl organ, and they would lond it thelr influence and support, Of tho American Miller, it CHIHHOLA, tho goutloman roforred to, was introduced to tha meoting, and explainod the benofits which tho Assoviation would doriva from tho recogni- tion of his papor as their ofiicinl organ. o would, if it was 5o rocognized, change his jour- nal from amonthly to n wookly, "I'ho recognition of tha American Afiller as the ofliolal organ of the Assoclation was advoonted in & eliort spooch by Mr, Pratt, Mr, Ohisholn oxplainod that tho change from amouthly to & waakly paver would usccsitato Thuredey. Friday, I had to tako upa caso in tho United Btatos Court, which was limited to ono doy, a8 wo mflmnmd, it Dbeing au argument foranow trial. Bub wlhen we got into it, it lasted from TFridsy morning day night.- I, theroforo, had only yestor= doy in which 'to look af this case, Beoing tho indictmonta for tho first timo yesterdays ond when I got ready to look at it, my ass:="o, Mr. Dextor, wasin court, so that, up to this timo, I havo had no timo for consideration about tho case. I wonld say, whilo Ido not want to mako any stipulations nbout theso indictmonts, nothing objectionablo had occurred to mo In ro~ gard to their form,. I would also state that wo - do not want to make & motion to quash theso in- dictmonts unloss, in looking into them, wo think thoy onght to bo quashed. Wo do not proposo maling " it, simply bocause .the Court can quash, ~ Thorofors, what Wo wanb is sim- ply & reasoonblo timo to determine whother we will mako a motion to quash, or what coursoe wo will oloct to pursue. .I do not want to stipu- Iato that wo will not makoany faormal objections to the indictment ; but I will say I do not kuow -ofany. Wo would liko at loast ten days to’ox~ amine them, -Mr. Dextor will bo engaged in court, Iundorstand, to-day, andwe want tima to eit down doliborately, and ges what ought to Lo dono with referenco to these indictments. Then wo will como in and make our motion. Tho Btate's Attornoy—Thet will carry tho case over this torm. I wanted to try it this torm, Mr. Bwott—It doos not scom to mo that thig case onght to talo any different course in the court from what casos ordinaxily do, I'he Btato's Attornoy—It is not to. The Oourt—I-do not supposo that Mr. Reod iz prossing anything that s nat ordmary. At the gamo timo it s somowhat iv the discrotion of tho ' Coutt, and 90 far ‘as Iamconcornod I have novor boen disposed Lo haston trials ou an indictment, ot loast tho fivat fow dnyas aftor indictment, i ‘want to give everybody a ronsonablae opportunity to proparo for trial, and havo his Jnwyors con-- sult aud dotormino upon a course. I am willing to sot tho hearing down for next Monday or Tucsday, . It scoms to mo, that would be long. enough to detormine what you ean do, and thon, it -propared, to .try tho caso noxt weel.. Wo have ' two iooks nftor this weels: . in thifs torm. " If it cannot bo triod thon, it must, bo tried somo othor timo; it doponds upon tho: ground of postponing it, if the Htato's Attornoy” puta it off, ! Mr, Bwott—If wo mado & motion to quash, we would be required to arguo it. ‘Lhere aro some grave objectiona to argue, not as to the form of tho indiotmonts, but ns to a mntter of substanco. ' ‘he Court—I would not like to baston tho argumont, but dosire to give timo to investigato tho matter, Mr. 8wott—That is all wo want. 'Tho Court—I very woll sco the questions which might arleo on s motion ‘to quash—not morely tochuioal, not meroly upon tho form of tho indictmont—that might roquire time for consldoration and tinio for argumont. I do nob! say that with reforence to theso indictments, bo= cause I have not rond them, oxcopt _casually i, looking over tho nowspupors, and I lLad 7.0 assurance thoy woro Yrium yory corroctly. Mr. Doxter—I would say in conformity v jth what Mr, Bwott hag 8aid that for my part L) sove no desire to avail mysolt of any technical ¢quose tion in the. sonse Which the Btato's aAtt oracy . usos the word, The Stata's Attorney—TI menn to the for m. Mr, Dextor—It hna'ocourred to me frem ona ronding, it was husty,—tho only vno T haao boen ablo to give tho papors—ihat thore nro seriona quostions going to tho substanco of the mattor. and if these exist, I think brothor Swett and my= self will concluda'to take thom up, snd it, we do, we wirh time— . ‘Tho Court—Wao will give you olght dnys, gen- tlomen ; il this morning week ; that would’ ba tho 21st, ‘Pho Btate's Attornoy—It ia baroly posible I - until Hlon- v may have to go to Hpringfiold to ate toud to tho Bnflglty cu'.w.I I i bave mot . hoard from tho Attorney-General —whothor tho Bupromo Court hau docided it hns jurindics., tion or nut; but I am liublo to hoar, and X waut to go there aud muko an oral srgumont. What do you sny to next 'I‘IA_BNdn{ ? Mr, Hwott—1 want to bo in Philadelphin noxt. Tuoaday, Sny Fridny. A Tho State’s Attorney—I will leave it to the. Cowtt to sot n day. ‘Tha Uourt—1 will sotit for Filday, January 28 ; that will nccommoato you both, Tho Court thou rdjourne ——— Now Iritish Peors, Tho new Poors of (roat Drilnin ara the Inter Postmastor-Gieuoral, tho Hon, William Monwoll, ML ., undor tho titlo of T.ord Ewmly of Torvoe, {u the County of Limoriok; the presout Lot Juotico Clork of Scotlund, Bir Jamos Wellwood. Moncrolft of Iilldudr, Kiuross-shire, under the title of Lord Moneroilf of ‘L'allioboo, in the samo county; Admiral Howard, undor the title of Lord Lamorton of Lamerton, in the County of: QCumborland ; snd Chlof-dustica Coloridgs, oft tho Common Plens, ns Iaron Coloridgo of Obe tory Bt, Maxy, in Devonslire,