Chicago Daily Tribune Newspaper, January 20, 1874, Page 2

THE CHICAGO DAILY TRIBUNE: TUESDAY, JA ARY 20, 1874. e e e e e e e P —— THE COURTS. the Tilter-Well Decision in . Case, An Usurious Contract Set Aside.! Meavy Suit Against tho South Side Sireet-Railway. Threo More Jewelors in the Bank- ruptey Courts A Chicago Firm Victimized by Bogus Mining Property. THE FILTEN-WELL. Judge Blodgott gave an Intorosting decision yosterday, in the Uulted Btates Cirenit Court, upon tho quostions at lssuo iu tho notod patent caso of Tillotson and others against M. 0. Mun- son, for allogod infringemont of patont, tho articlo patonted Loing tho flltor~woll, in common use in suburban towns, Tho il nltoges that, April 8, 1806, It H, Dewey and E, N. Lillotson obtained » patent for an Improved filtor-woll. Oot. 26, 1870, the lotiers patout wore surren- dorod, and fssued to 1. N. and W. E. Tillotson, In theso re-iesucd lottors patont, tho patentoos sot forth that tho invention consists iu insorting within the bottom of the woll a cylindrical recolver, or vessel, closed at both onds, with its sides porforated with o series of small aportures, for forming ‘com- munication batwoon tho lnside and outside, so that the wator surrounding the vessol, or con- tainod In tho stiatum of earth in which it may bo placed, can frooly pass into {t, while, at the eumo timo, tho entrance of #and and other dobris is entirely preventod, tho inside of such vossol or recoivor boing divided into two or more soparato comfpartments by concentrated por- forated partition plates, in the outor ono of which compartmonts may be placod charconl or otnor filtoring substance for cleansing the wator, a pipo boing connceted with tho inner chamber having a pamp asbove for drawing tho water. In the outor chamber they placed sand, and, in the noxt, charcoal or othor filtcring substauce. The well could thon Lo completely buried, ths pipe boing the only connection with the surface. Tho claim is in its application a8 a buried water-rosorvoir, tho filter in the bottom of the well consisting of the pertoratod cylinders and filte.#ny spaces ay above sot forth, through which the water I8 filterod, and aitorward raised to the surface by the pump through the connecting pipe. Tho bill then alleges infringement, and clnims an injunction and damages. Tho auswer donies that Tillotson & Dowey waro the origival and first nventors cf tho do- vica doscribod in the firat lottors patent. and in- sista that substantially the eamo thing had been patented sud doscribod in lettors pateut issucd by tho CGovernment of DBelgium to Tdward Andrus, dated DMnroh 9, 1864, and by United Btatea letters_ patent issued by the United States to Edward Andrus, dated March 28, 1865; to J. H. Bump, Nov. 28, 1865; toJ, 0. and AL 'V, Compbeil, Jan. 9, 1866; and to W. D, Bartlott, Tob. 19, 1860, Tho answer 1180 dovies that tho iwolls mado by tho defondaut {ufringo upon the patout of the comms'ainants. Proof wns taken upon both tho fesues pre- sontod by tho snswer, and the caso woll argued upon both of thewo issues, Upon the question of movelty, the proof showed that a putont was issued Ieb. 19, 1850, for an improved cistern, to W. D, Bartlott, shich presonted the oxact features of the well known 18 tho Tiliotson well, oxcopt that there wae an sir-pipo commnnicating with tho outor air, on the supposition thut 1Li8 was an cssontial for drawing water. Hero was had, 1866, a filter- well cortaiuly, peshaps not' ne porfect o fltor-well na that of the complainant, but still o lilter surrounding the roservoir from which the water 16 drawn. By tho pateuts isaned to Td- ward Audrue, by Belgium, duled Fab. 9, 1863, and in this countiy, March 28, 1865, a filter i describad constructed in all cssential fealures oxactly like complainaat’s fitter-well. 1t is truo tbat, 1n-the original patent, tho complainants are not obliged to have moro than one spaco for flitoring material, but in thoir roissuod patent they required more than one, 8o that I cannot conslder that the reiesued patent is -""f' way ob- poxious to the chargo of want of novelt; Andcus does not suzgest tho ccvering up or burying of his filter-woll, but Tillotson does not require thom to be 80 treated in order to be ased, 'Thoy eay it may bo o treated * if dosir- 3."" All Dowey and Tillotson haye dono ia to take an Andrus filter and bury it in the bottom of the well, or permit’fou to bury it it de- aired.” Bartlott had conceived the ides of buryinga flter in the bottom of the well long befuta the Andrus, or Dewey. or Tillotson patouts. After him, no one could patout the jdou of burying o reservoir or filtqr 1n the water stratum. Buvit has been strenuously urged by tho counsel for complainants tuat their buried fliter per- forms o differont function from thnt cf Bartloit's, because oxternal ir being oxcluded, the atmos- phorio pressure bearing upon the water in the oarth is utilized, and the moment um s created in tho water-chambor by withdrawiog the water by the pump, the atmosphoricpressure drives tho “water through the fllier inte the water-chamber, whilo in su_open well it would only pass in by tho elow process of filtration, Thé experimetts in_tho. prosence of tho Court shows this to be tho case. But this is notn featuroe poculinr to the co:aphinants’ well, All the *drive-wolls,! as they are _called,— wells mnde by forcing a pipe iuto the earth till tho water-bearing stratum is renched, and _ then dwawing out tho water throngh small perforations at or near its lowor ond,—oporate upun preciscly the gamo principlo as compluivants’ wall, 80 far as at- mospherio pressure la concerned. Yhese diive- wells are shown in the patents of J. fl. Bump aud J. 0. & M, V, Campboll, referred to in tho answer, and showu in tho proof, although it was admitted in argument that drive-wells wera used long prior to Bump's und Campbell's patents, In tnct, the *“ wator-chamber” of com- pluinants’ and ' Andrus’ filters is only an cnlargement nnd prolongation of | the pumip-pipe, and performs no diffor- ent fuuctions, so0 far a3 drawing the wator from the earth is concorued, thun the sbraight pipe perforatod at or near its lower ex- tremity, And the improvement covered by the Campboil patent consistod muinly in putting o wiro gauze around the lower ond of "tue pipo, whicl Lo some extont acted as o filter, Wo fuil, thon, to_dlscover, from tho proof, that Mr. Dowey and Mr, Tillotson haye discov- ered anything. The idea of aburied reservoir and filter is Bartlott’s, The fllter complain- auts use way _ invented by Andrus, while the simple stiaight «pipe driven into the water Stratum ulilizes ~the atmospheric pressure to the same extent that tho comploinants’ improvement does, so that T think wo may #ay that, in the light of the ovi- dence, there i nothing now in the complalnanta’ do ‘Inis view upon the queetion of novelty makes it unnocessaty to consider tho fl\'u.lc}lun nps)hcl.i- Dlo Lo the fswio of infringement. Lho b will thotefore bo dismissod. THE PENALTY FOR DRURY, Judgo Blodgett rendorod o deciston yesterday whioh ia of interost, since it involves tho law in rogurd to usury, and the churactor of & oreditor's ¢laim in proceddings of bunkiuptoy. 'ho point cnme up on exceptions to the Itog- iutes’s renort to the ullowauce of the cluimy of N. McBiido for £610,69 and the allowsuce of thut of J. W. Lawrence for 8,300, Loth against tho cutato,of Martin Troscott, The claun of MeDrido was allowed in full by Judgo n!ou,-lau, but iu reforenco to Tuwrenco's claims ho said 1t i made up of two items : Firet, a note of $300 which Luwrenge slgned wn wuroty with and for the bankrupt, sud which he sk fuiy puld ; wecond, the sum of $4,000 leaned by Lawrence to the baukrupt, the most of it Lefors the adiudication, on which the Bantrnpt hos yaid Intercat ut'the rats of 10" per cont & month, the smouut wa paid for intercat Leing $1,800, Whien & credior secky to prove a debl aguiust tho estato of o baukrugt, he tands fu tho poeilion of & Pluintify in @ sult af daw scekiug to enforce mich clajm, By the A section of tuo mct of tho Tegiu- Turo of fhis State, spproved Jun, 81, 1657, reguluting Tatos of duterest to e puid, whicl wet wue 1n farco ut o time of the fraumaction in question, uny sgreament 1o pay i groater ruto of dntorest tliun 10 per cent worka & forfuliure of uil fuforcst, o Supreme Gourt. of this Btate lina consfrued {hfs statuto, holding thuty ¢ tha party who took tanry Is Secking 10 entorce L8 clulin by wuit, ho forfoits ul in- tercat, Yt 18 vory oloar that Mr, Lawrence must bo held by thls Gourk to be lu to samo position us if ko hod brought suit o .enfarca thia demand for $3,000 monoy loniied, to which tho Avelgneo may set u aiy dofenio that Proncott could bave sot up, §T bankriptoy tind not Intervenad, Tho dofenmo of usury con bo plearded 0 long as any part of tho debt _for which tho itaury was pakd, or agreed to bo puld, remalus unpaid, In thio ligbt of {hio rules 11d down i theso caves thore can be 10 doubt that the facts in this caro show that Lawranco hna rooaived $1,600 for usiirious futercat on the £3,000 loun, and that tho aumo should be npplied to tho cxtingolshment of tho yrincipal dobt, Thin cano 18 widely dftiorent from tuos casn where s deblor hus Foiight rellel m u Uourt uf E juity from a untirions contruct, Insuch cuncs tho Conrts, acting wpon the priucipls that b who socks equity suust do cquity, gonorally required the payment of Interest bt tho rate ixed by law when there was 1o speclul cons tract, 3iero tho party scckn to onforcd n contract, on which Lo lins recefved n largo amount of usurious i terest, which the dobtor, or his Asslgnee, nwy set off agaiust tho dobit, i ) ptions to tho fAindlag of the Reglster, a0 far a8 thin 3,000 demand ds concerued, will_bo susiuined, and an order entered tind tho sum of $1,600 bo dediict- «d thorefrom, leaving the cisim fixed by the thuing of this Court'on thy fucts nt $1,800, instead of 4,300, $20,000 'SUIT AGAINST THE OHICAGO OITY RAIL- WAY. Edward A. Burgess filed a doclaration {ofllur- aay i the Superior Cours agatnst tho Chitago City Railwny, 1 which ho nsks for the modost sum of 220,000, Io states that on the 4th of Decombor, 1873, boing then posscssed of that rare commodity, b good charactor, ho was by tlo agent of tho defondant, While & drivor on tho streot-onts, confinod for balf au hour in the Company's stables, oud taken to the Twonty- second Streot Lulice Btation, on n chargo of lar- cahy. Tho noxt day his bosrdlug-house was clianged to tho arrison Seregt Btatlon, Here' ho made the acquaintanco of tho redonbtablo _ Banyom, before whom ho was_ Lrought, TFenriug thnt Banyon would not resist tho Influenco of the defendnnis, ho took & vhange of vonuo to N, B, Bryden, The fniutiMs puc in tholr ovidonco, and Burgoss, by is counscl, nsked that tho complaint, whicl wae, and bad boow, only voibal, be dismissed au tho ground that no evidouco hind beon introducad 1o substautiato tho charge. Tho Justico rofused, and Lold him to bail in tho sum of 81,000, to awalt tho action of the Grand Jury, Dut whoen that Lody mot they uttorly ignored the charge of larceny, sud found “mo bill. Bur- gess_ clnims that Lo _wos falsely and maliclously prosocuted and compelled to lio In 1nil, and alloges tuat his roputation and feolings woro damaged to the exteut of 20,000, for which Lo briugs suit. A PECK OF TROUBLI. Rouben R. Layton flled & voluminous suit in .the Buperior Court, vmtnrduy. againsl John Prontiss nud Albert W. Gilmore, lu_swhich bo tolls n talo of miaplnced coutidence, o stutes that_in May, 1873, his firm of Clurke, Layton & Co,, thicush’ an ngent, A. T, Rico, bought of Thomas J. Carter and William U, I'ackwaod, in Orogon, what was cullod * Lho Eldorado Ditch " purporting to bo mining prop- ety which said Carter aud Packwood claumed thoy had purchased on_au oxcoution against tho *Mallhuor & Burnt River Consolidated Ditch and Mining Company.” Complainant's firm pald 999,000, giving notes for the tmount. 1n Sop- tombor o hote for §3,000 Toll duo, atid was pro- eonted for paymont by one Albert W. Gilmoro, who ropresentos himeolf ag tho owner. The complninaut's lirm _not having tho monoy, it being during tho time of tho panic, nsked on extension of sixty duys. This was floally agreed on, upon tho conditions thas Layton sbould executo an- othor note for tlo principal and intorost, and also add 12 per cont s premium on gold, the original note being poyable in coin, He also promised to give a tiust-deed on a lot in the Garrott tract on Wabash avenuo, 44 by 171 foet, and was compolled to give in nddition & bouus of 250, Shortly ufter this transaction, Clario. Luyton, & "Co. lenrned of the fraud, Complainant sesorts that thero is_ no Buch the Durnt River com&muh a8, Congolidate iteh and Mining Company ; that thereforo any protended sale of their prop- erty was void, and heuce tbo considocation of tho notes whotly failed; that Gilmore 18 not o bona fide holder of the note for £4,000: that the trust-deed aud new noto arc void, Gilinoro hav- ing mado fraudulent reprosontations and oxtort- ol usuious interest, sud Layton therofore aske that the gale whioh has been advertised to tale placo undor the trust-deed on the 20th of this month, at tho east door of the Court-Houso, moy be probibited, and that the note and trust- deed may bo declarod void. It 18 also alleged that the trust-dood originally declared the north door of the Court-House as the propor placo for o snle, but that the same deed, as ro- corded, ompowored n sule at suy place tho ‘Prustee might select, and it i claimed that the dood has been altered in this rospect. A_NALROW ESCAPE. Tho case of D, Jumos Leary, indictod for forgory, occupied the attoution of Judze Rogors in the Crimiual Court thie greator part of yestor- day, Lenry, who disgraces tho name of Iawyer, wag indicted iu March last for forging s noto sud powerof atturney to confess judgment, The noto was given by A, D, Swanson for 2100, payable ono year after date, Attached wns s blank power of attornoy which Swanson signed. Leary changed the timo from oue year Lo ono day, and filled ont the power of attorney. Ho was tried in May and found guilty, but rocom mended to morey. A motion for a neyw trial aud 1 arrest of judgment was made, argued, and subsequently o new trial granted. Yoster- dsy the coso came up for a second tal, when John Lyle Xing, attomey for T.eary, objeoted to tho Introduction of the noto and ‘powar of attorney in_evidenco undor tho indictmeut. Ho argned thas there was no such instrument mentioned inthe statuto as o no'e and power, on which au act of forgory could be predicated, Moreover, the power to confoss judgment baving boon dehvored in Dblank, wis void, and no conviction could be had thercon, Again, tho cuso could not Lo goparated aud triod on the note, a it would be a vaciauce from the indictmont. ho Court sustaiued tho objection, and, on metion of alr, Reed, ordered a nolle iruneqm to bo entered, mucls to the disgustof Leary, who wigited & verdiot ol not gilty, so that ho goes freoon a technicality after having beon ouce found guilty. ARAGGED BUIT. Samuel W. Parker filed a bill in the Suporior Court againgt his foymer partner, William Gil- vorl, for an accounting, — Compluinant states tunt'In May, 1873, Lo formed n copartnorship with sad dofeidant in the wholesale rag bwinees. Euch purluer wag to con- tribute 5,000, give Lis time to the business, aud be allowed to draw 8125 = month TParkor complaius that Gilbort only pat in 31,000 cash, aud turned over a Jobof old rags uud motals, which was ouly worth about ouc-third of tho prico at which it wns estimated. For a timo thoy wount on togother, but the defendant grosuly noglected his businoss, overdrow his ac- count, and conducted the affuirs of the firm so carolessly thab the employes have stolen about £8,000 worth of goods from the flrm during com- plujuunt’s sbsence, Compiainant's credit, which was good at the Dbabks, hag myich decrensed on account of the unbusiness- like character of his pariner, Gilbort hns refused an accountt, or have any settlomont, and has late- Iy altored tho ontsios und takon tha boaks away, with tho intony, it is foured, of making false en- trios and coverlng up bis indebtedncss to the firm, Complaiuant, therefore; is compellod to invoke tho aid of a court, and asks (hat an ao- count mny be bad, tho partuership dissolved, and the defoudnit enjoined from any longer meddling with tho flew’s business, or fulsifying it buoks, T'he injunetion was isued by Judge Moore, on compluinunt filing & boud for $1,000. TABTIUION, Drontis B, Law, Siduoy L. Law, Anun E. Law, Albert G, Law, Aythur O. Law, Francis B Law, and Uoorge P. TLaw flled & potition for 'the pariition of the N, 3¢ of tho N. W. 3} of Bee. 23,88, 14, excopting ono aud oune-half ncres in the N, E, }{ thereof. 1ds L. Luw, Llizaboth Montgomery, John 'T. Jameson,, Homer N, Hibbord, Jumes Ives, John Ivon, Willinm Ives, Johm Law, the unknown boirs of John Law, deceased, tho unknown devi- wocs of Joln Law, decensed, the unimown owi ern of the 8. 14 of the N, W. I¢ of Seo, 28, 38, are mndo detondsots nw huving or eluiming some ntorest in tho promives, UNITED STATEA COURTS, John M. Itwmmell began wswit_for £1,000 agninkt Juling Buner and Bornhard Mandel, Robert B, Jovking, as Assigneo of tho ostate of I, 8. Winslow, comnioncod's sult sgalost P, ‘¢, ‘Furnloy, oliming £9,000, I, K. Muiphy, Asslgiioo of the Chicago Tire Insurance Company, brought abont 160 muts against vavions holdors of promium notes in thut defunct mstitution, DANKNUPTOY ITEMS, Cartor, Hawkins & Dodd, of New York, filed a petition in honkiuptoy against the well-known jewelry firm of Roddin® & Heanlton. Polition- ors claim balwnce wmounting to 81,600, and clinrgo that the firm, about & wmunth ago, mudoe o preforontinl payment to thoe Whiting Manm- facturing Compuiiy of &825; to Multord, Hull & Cuttle of £210.83; to Jurgens & Audorson of $185.07, and to alvers other oroditors fo the nmount of nbout 3,000, DPeti- tionors have loarnod from A . Bhopard that A, V. Roddin drow, o fow days ngo, 56,000 from tho First Nattouul Bauk, snd also took larga - quantity of valnable jowelry from the utoie, und for tho purpouo of donconling the fast made falko auttica {n tho books of the fivm, an has conconled tho monoy and jowelry to prevent its belng takon, Ilamilton uppeared in open conrt aud ontered coufouslon, und wos nd‘;ual. cated bankrupt. A warrant for the arrest of Mr, Ruddin was mado, and his bail fixed at 5,000 William E, Hala was appointed Provisional An- alguoo, under a hond for $40,000, - William J, Janning wna appointod Provisional Asnlgnea in the mntior of tho ostnte of Shauahan & Wost, bankrupts, Tho Winting Manufacturing Compauy, of Now Yori, filed a potition agalnst John B, Mayo, the jowelor. Thoy allogo that thoy havon clnim ngalust him, whiol Is_ovordie, amounting to fiq,‘lfifi.'fll for goods sold, and charge that ho has susponded paymont of a note !(lvun Lo Bmith & Ilodgos for 803,70, Tho dobtor appoared and consontod to an immediato adjudication, which way _pccordingly _entered, and Nicholson B. ipploy nppojuted Provisional Asmgneo, with loavo to nSm poseeasioh of tho slook and scll in thio ordinnry course of business. Tho procecdings sgainat Qeorgo E. Gardror & Co. wote oracred to be dismissed, unloss objec- tions are fMed by the 20th inst, Moryiil, Titeh & Allon, of New York, filad a potition againsb William A, Diglor, jowolor. Thoy claim 9857.43 duo on s promissory noto, and allego that Biglor ha allowed the Shoriff to tako his stock on an attnchmont, An injunction wna issuod to restrain the Baorifr, and tho dobtor confossed himsclt bankrupt, A wnrrant wns ne- corlingly ineuod, roturnablo Fob, 20, aud Anson Gorton uppointed Provisiounl Asrignoo. Norman 0. Porkins filod s potition ngalust A+ O. and 0. F. Badger, alnlminfi 54,254.65, bolng n bolanco of doposit, and charges them with proforentinl assignmonts and paymonts. A rule o show causo Jun, 80 waa leauod, The proceodings against Ebon H. Nprton of al. wore ordered dismissod unloss objections aro filod in ton days, Loonard Q. Klinok was sppointod Assigneo of W. A, Butters ot al. : BUPERIOR COURT IN BRIEF, Josoph M, Ilitsh brougnt suit against Edgar Loonns, Thomas Lripp, and Martin F. Follott, laying damages at 816,000, Cornelius MeGioness sued L. D, Pollard for . "Phomas B. Taylor and Enoch 8. Jones, for tho ueoof E. 8, Jonos, brought suit for 1,000 ugatust Danfol Loko. Chamfey Bros. & Co. and Thomes H. Law- roncy, for §1,000, ' Johin Scott bogan an action against Robert W. Meocham to recover £5,000 James L. Haven began an action againat Ben- Jjamin P, Hinman to recover $2,600. Latrick Whalen brought suit against Conrad L. Nieboff and Gustavda Troost for $1,200, Martin Bost sued Jacob Best for 1,000, W. A. and Geo. V. Cordorman_filod s potition sgainas J. H, Doulin and W. P, Dickinson, pray- ing & mechanic’s lien on Lots 6and 7 in Block 17, in Bushuell's addition to Chicago, for the sum of #1,354.58, - COUNTY_COURT, The will of George Mosser was proved and lottors testamontary grantod to Lucy W. Mos- eor and Charlos W. Morrison undor & bond for 80,000, John Eiden's bond was admitted to probato, H;osl;o_(’l(g:l rofused, and a bond filed in tho sum ol 20, In tho mattor of the Town of Cioero, an order waa muado that all having objectionsto rolls Nos. 2 aud 5 should flle the sume by to-morrow moru- ing, "The will of Martha J. Mogoon was provod and Tettors tostumentary given to 1ibon L, Clomont in a boud for 7,000, ‘William Larduor's will was proved and lotters tostamontary granted to William T, Lardnor undor 5 boud for 340,000, CHRIST CHURCH. It Was Sold Under a Trust-Deed Saturday for $9,500. The Counsel for the Other Side on the Situation, He Docs Not Give Up the Battle Tue TrmuNe aunounced Sunday that Clirist Ohurch was to have been' sold Thurgday, on nccount of ‘tho non-payment of fntereat on & mortgage for $25,000, held by the Presbyterinn Thoological’ Seminary. To-day it takes pleasuro in aunouncing that the church haa hoen ¢old under another mortgage, or rather trust deod. Tho snle took placo last Saturday, but the fact did not become kaowh until yestor- day, to any but those who were prosont. Bomo time in 1871, a trust dood was given to & Mr, Vaugbn, of Rhode Island, to socurc a loan of $7,500, mado by the trustees for tho nurpose of Leoping tho chureh in ropair, aud making an 2dd tion to it. The deed Lad a yenr to run, and at the oxpiration of thas time the Trustees, it is nid, were unable to command the fuuds to take it up. Ar. Vaughn demaadod hin money several times, and 8s it could not bo_had * on’ account of tho pounic and tho had times,” tho Trustoes decided ta.let tho property be sold. Au_adver tisement was ingerted in_the Journal aud another paper, the Jaw complied with, and 2t 10 o'clock Saturdsy mornivg, tho hour an- nounced for the salp,” severnl persovs, perhaps four, wero present’ at the enst door of the Court-House. The property was put up, and knocied down to Willinm Aldrich, of the lirm of Stowart,- Aldrich & Co., for £9,600, ho, of courso, buying it subject to the mortgage of 926,000 leld by tho Seminary. Bubscquent to tho salo, thaintorest duo on’the £25,000 mort- goge was advanced by some one, who, 1t was imgossible lo learn, and the salo set for Thuraday will not take place, Tt was thought M, Aldrich paid the $1,250 interest, but this is donied, Mr. Aldrich has paid the §9,600, and tho title of tho property is now in Lin. If the nrocncdlui;n havo been rogular and logal, the salo is valid, aud tho suit of A. C. Oalkius et al, is practically at sn end, aving loarned the facts given above, a re- porter called, last oveving, ou B, Coruing Judd, the counsel for' plaintiffy, for the purpose of learning what he bad to eay. He was nmnot awate that tho property hiad beon sold, and was surprised when told that that was tho caso. 1o said the sale contomplated undor the §25,000 mortgage would not have beon volid; aud evenif it Lad beon, the title to the proparty might hnve beca divost: ed, yot the parsons who wore in charge of the Interosts of the parish would lave beon gnilty of o breach of trust, for which they would have ‘been lisblo individually. Lato Saturdsy partios ropresonting tho pavish of Christ Church hod arrauged wich Mr. Otis, who acted for the mort- pageo, who held tho $25,000 morltfngu. for tho paymont of the intorost, and did, in fact, pay it.” If tho proporty had gone into thoe hnnds of an invecent purchaser by tho snle of Satur- day, the representatives of the church. of courec, kuew of tha fuct. If thoro was no fraud or collisiou, why did thoy pay off tho interest due ou the first mortgage, whon tho title had passad out of tho parlsh, if it had o pussed vut ? Fraud and collusion were stamped on the faco of tho transsction, snd ho had uo doubt whether the trust deod and the eule werg valid or_nat, thoy would be volded by reason of fraud. In Lila ovlnion, it was o monn and mus- araule attempt to avado tho ends of justice, and tho roprosentativea of the chureh would leara that thoy would not bo ablo to avail themsolves of auy such mova, ‘I'ha effort to divert tho titlo of the property into othor hauds was tantamount to au admission that dofeat in tha pouding euit was ioevitable—a sort of flank miovo- ment on thelr part to ward off the blow, which was_ fast appronching, If any steps wero taken to delay the *cnse or to’ iutoifare with the legitimnate resuits, pro- coedings would ay onco be instituted to enforco the rights of the diocese, aud of those who had a property interest in tho church, The result might Le pastpoued, but in the eud tho authority of ‘the Churen, and the intoreats of those con= corned, would b viudicated, ‘The suit ponding is to anjoiu tho wardens and vostrymen from permitting MMr., Cheuoy to use tha churel, oud to oujoin him from uswg it Mr, Judd said, this bomng o tuct, the suit would L practically endad i tha snle wore regular and the trust-deed in form; but it would by no meaus stop other progoedings, The argumonts iu the esso aro fo be hoard on tho 4th of Fobrusry, and it s probablo thut Mr, Fullor, the counsol f tio Trustees, will gotl tho Court of Huturday's salo, and avk that tho pro- ueodhnfiu bo diwmissod, us the Trustoos do not own tho praporty. Bhould he do o, Mr. Judd says, his purpore will bo thwarced. Mr, Judd siid furthor: That lio should not bo at all surprised if the ealo wera void, and big vouviction was that it would be found to be 8o, iudopondont uf any fraud or collusion. If tho sale should prove to be binding, ho had no doubt the Wardons and vestrymen would bo persouully chargod with_all the consequonces followling. Dortgagen and trust dosdy oxeouted by roligious orgnnizutions were hampered by law,sid were not valid unloss tho m:luh'umumu wore striotly com- pliod with. 1Ie had beou toll that the Trustocs nd wmplo means to pay off the indebteduoss. utill, tho out-look for A, 0,Oalkins iy Linzy, for1t is not likely that the ‘I'rustecs and sheir adviser, Mr, Yuller, wonld act in n Joose or careloss way. Thoy buyo stolon o march on tho encmy and the cradlo of the lteformed Fplscopal Cliuroh will coutiuuo undor the control of its frionds. RAILROADS. An Argement in Favor of tho Right to Gov- ern Them by Legislaturo, Alleged 1ll-Resuits of the lllinois Rail- road Law., Tho DIforonce Botween 1ho Rallrond Laws of Towa and Illnols. The Right to Govern Iallronds by L:Kmlntlnn- PrixaviLLE, o, Jan, 14, 1674, - T the Editor of Tha Chieago Tribunas Amid the wordy warfare, in which aflirmations, asgortions, and reassortions are rifo, o glanco at goma of the fundamental considerations on which is brsed tho right to govern railroads by loglslntion, may not bo attogothor without intor. o8t, Tho massos of tho poople usually anchor thetr foith on Inoxorable facis,—those that have boon demonstrated to b facts empitieally, or which neod no demonstration becauso common seuso aflrms thom to bo such, Afterward rea- son showa why things aro 5o, Wae bave uow had tho period of asaortion, and tha nesortions have beon mado 5o frequently and strongly as to indi- cato that no loglenl demonstration is nocessary to couvinco tho many that the Btate has, Justly, THE AUTHORITY TO BEGULATE hor syatom of transportation, though the man~ nor of doing It may still bo an open quostion, ‘Tho suattor has now got to the stago whoroin it will admit of reason, / A brief statomont of the ficts and argument in tho cnee would run thus: Land, togothor with all the othor materials aud matorial forees in Nature, is & gratuitons gift of Providence. Value is in tho improvements mado thoreon. Ono kind of improvoments, in the intorior re- glons,—tako tho farm ns typical of the class,— is dependent on another kind of impiovenfonts for ita value, ~Tho question, then, fs: Must tho ton thousand, who make tho improvemonts firut montioned, bo totally dopondent on, aud subjeot to, the whim and csprico of tho one, or half- dozen, {ndividuals who chanee to bave posses- s1on of tho other clasé of improvements,—or, to put it moro specifically, & givon railroad line? Wo eay, « OERTAINLY Nor | Qovernment is established to look after tho in- torosts that aro so vital to tho multitude. Oer- tain portions of the country muet -have means of transportation othor thau those furnished by Nature ; and, if private entorprise cannot sup- ply this neod witls justico and eeocurity to the manyj who really possesa and mnke up the greator part of tho wealth of tho countsy, thon it is clonrly within the provinco of governmont to supply this want, or give the needed security, in somo way. Ilonco, thogo who have made the ono clags of improvomonts justly claim a voice in the mauagement which males thoir farms valuable or valucless. Again: thoso corpor- ations which have made tho other class of im- provements were granted special priviligos, with the expectation that they would render certain benefits, The managemont beivg such as to defeat the end contemplated, THE PUBLIC 18 J USTIFIADLE in taking measures to secure that end. And again: _speciul privileges should sccuro speciul conecsgions, But lot us go back and take a more extended viow of tho line of argumont. Perlaps it will ho most conveniont to procced to n sories of propositions. S VALUE 18 IN IMPROVEMENTS EXCLUBIVELT. Though soomingly o curious fuct, it lardly needs moro than & momeut’s thought to seo that it is so, The land whero mapy of uy now aro ot long since was valuoloss, becauso innecossi- ble. As improvements were made, a8 rallvoads wore conatenoted, housgs bLuult, land broken, {fenced, drained, ote. ; a8 Llomo-markets grow up, uud distant markets were brought within our reach, and tho convoniences and comforts of life wore mado possible; by the exertion aud toil of lLuman boings,~in short A THE COUNTRY WAS IMPROVED, and, other things not iaterfering, just in pro- portion ag 1t was Improved, it became valuable. XYor convenionce theso improvomonts may bo divided into two classos : general improvements, “iucludivg railronds, cauals, ote., and such as are made for the genoral good aud wafoty ; and speci- Jie improvements, including thoso of a more Tocul naturo, __Specifio improvemeuts dependlargely on general improvemenis for their value, Or, to put tue proposition in & less general way, the value of farm-produce, and consequont- ly of tho farm, depends largoly on the menns of tranaportation. ‘lbat thie is true, much ovi- denoa could bo adduced to prove, Tmagine for a moment our whole system of intercommuni- cation removed. What would farms aud other property be worth ? THEIR VALUE WOULD SINK to a figure far beucath what it has already dono, and the Joom and the spmuing-wheel wontd aguin roturn to evory fireside. Each family would supply its own ‘wants. Lusuries would vanish, and the world would leap backward a half-century in a trico, Now, as of old, the cul- tivated and more highly-improved portions of tho cotutry would bo couflued to narrow belts around navigable watets, and our greut, wide wasto of prairie would be used only for pastur- age. Fortuuately, wo do niot bave to depeud on imagination for éviden.e on this point, THE FOLLOWING TALLE, from a recont Allantic Monthly, shows the rela- {Ive incronso in railrond facilitios Aud value of improved lands n tho several States, duriug the decnde ending in 1860,—n poriod 0f uniform benitby growlh, durivg which there were no dis- turbing 1atluences, ‘Lhe first columi of figures shows the number of milos of railroad bt for avery 100,000 scres of land under cultivation, The second columu shows the incrense in valuo por ucio of the laud, as given by the cousus-re- port of 1840 Alitesto Increas- Mileato Increas- the OO0 edvame. thel0DULD edvatue acres. perdcre, acres. perdcre, § 0,68 Now Jerecy. . 16,8 §10.74 Tounuyl: l\\'lucnul owa » 5 10087 Kentuek a1 100 | Missourd , 405 Noto tho uniform locrease in tho value of land, of about $1 por acre for every mile of rail- rood built to the 100,000 acres of land under cultivation, Thore 18 one noteworthy oxception in tho caso of Wisconsin, and that is THE EXOEPTION WIIOH PROVES TIE RULE, There wns a lago amount of road tinished at tho close of tho docade, which Lad not yot pro- duced its effoot whon the consus was taken, If other evidence wero uneceded to show that specifio improvoments dopend on gonoral im- provements for their valuo, the following would afford somo proof: 'Lho average piico of corn for the threo yenrs, 1849, 1870, nnd 1871, iu New York, was B7 245 conts por bushol; in Chlcago it was 6334, ‘The diffaronce in value per hundred Jounié botwean tho ¢ citios was 15 1.5 coats, Iho avorage summer rate of freight on tho truuk-lines' was 45 cents por coutal—showlng vory couclusively that our price {s tho price in New York LEKS THE COST OF TRAKBTORTATION. It that cost be diminished, it redounds to tho profit of tho Western mnuj 1f it bo incroused, corn, and consequently the lsnd on which it iy raived, bocomon Jowy vulunblo. Admitting, thon, that specifio improvements do depoend on goueral improvements for their value, and admitting also the well-known face that thowo spevitle improvomonta beloug to tho multitudo, and constituto the real, pormancut woulth of 'tho Nation, it is proper to infer that ALL RIGHTFUT MEANS 4 ahould be mado uso of to secure the greatest pousiblo utility of thoss goneial improvoments. And this 18 tho Inforenco and sontimont that nove awakoned and caunsed the great nprislng which now agitatos the country. General improvements should be, and are, made in the inferest of the publio. It would bo a truism to stato that coutinonts are not poopled, plowed, and plundered, for tue purpuse of furnishing busiuess for railronds snd transportation companies, ‘That 1nilroads are publio improvemouty designed for TIE DENEFIT OF TIE PUBLIC, is n etatoraont which finds rondy accoptance. Tho very faot that the weslth of the wholo in- terior of & continent is bound ul) io thow, or that thoy hold the Ley to it, would disconrnge tho idea that thoy havo full liconse 1o do as thoy please with i, snd honce with said continent. We should probably lave lad railronds, and this wholo country would undoubtadly have boon opened up,. evon ir pri- vata enterpriue had not built thom and accom- [xllulmu the worl ; but, so Joug as. private on- orprise ¢an subkeryve publlo good, it s best dono #o, It must bo dna"innn.y undoratood, however, that it Is publio good, and not 'vrlvntu ontorpriso, that wo nro moro particularly interested iu, TIEY BLOULD DB FEW, INDEED, in this day, who would ask that public good should Lo sneriticed to private enterprise, When rallroads woro building, thoy wont straight through men's farms, whetlior the mon con- sonted or dissontod, Public good domandod_it, and it was done. Now, when public gbod demanda that something more bo dono to moro fully utilizo tho property flrat taken In the namo of tho publio, thero coriatnly can bo no ronson why thesamo rule should not apply. 1f thogreatast goud to tho grontest number bo onr mensure of nghl;j and wo moto 1t out on the Serlptute plan, speedily some menna will ho brought into roqui- Bition by which to manage theso public seevants IN TUE INTEREST OF THE PUDLIO, We no louger have a war wagad against them for singlo offenses, nor a sorics of indlotmonts, ‘Tho war Is assuming an entiroly difforont char- ucter. Now thoro Isa gicat principle involved, and it is hoing erystalized out and brought * bofora - tho. peoplo 83 an fssue, That principle fluds, perhape, inndoquato oxpromssion in the froquent nsRor- tious and resolutions of public meotings, em- bodyiug the sentimont that railronds are public highways ; that they are subjoct to controt by Leglalajuros,—in brief, that ihe creaturo is suh- ject to the creator, This priveiple menns that our systom of transporiation should be managed in the intorest of the publie, sud should o~ cnre to it THE GREATEST TOSSIDLE DENEFITS, inatond of tho least possible good. If wo admit that genoral improvementa should be, and aro, mndo in the intorest of tho pubhie; and also ad- mit that othor fact, which has found such ready and wido acoeptance, viz : that thoy do not, une dor the present manngement, subservo public {mad to the fullest oxtont,—it naturally follows hat the custodiane of the public welfare should tako moasuros to securo thoe dosired end, LaVense W, Noves, Alleged ¥lj=RRosults of the Iilinois Xailrond Luw. To the Editor of The Chicago Tribuns: Bm: Binco such o great and porsistent offort I8 bolng mado by n class stylng themsclves Anti-Monopolists, aud, as thoy allogo, the prin- cipal objeot of their organtzation botng to con- trol cortain enterprisns which, from their clr- cumstances and operations, liave bocome op- prossivo and burdensomo to thb masses, it bo- comes of Intercot to watch their proccedings, oud seo bow far thejr allegations are correet, THEY CLAIX that tho railronds, by a system of oxorbitang chorgos, have reduced the ngriculturists tribue tary to, ana dependont upon, their lines for a market, to o system of sorfdom thnt is unbear- abloj that through them the prico of pro- duco to tho farmer is rogulated ; sud that, from boing free and indepondont, they ara compolled to delve and tofl, dontont to receive such n pit- tanco as theso bloated monopolists could sparo of their hard enrnings. Such was tho bubject of their complaints in tho fall of 1872. « Truo, tho price of produce in the princlpal markots was Jow: true, tho farmor received but littlo for his graln; truo, that Naturo hod exhanated all its energles in Lestowing upon the husbendmen a Lountoous crop; truo, also, that froighta were not materislly reduced ; and equully truo, that, under these circumatances, the agriculturist did not fail to force his outiro crop upon au over- stocked and erowded market. ‘Woll, thne passed ; the old erop was gone, and exhuusted Noturo could not the following year bestow upou the tiller of the #oil such bounto- ous roturns, What are tho resulta? \Why, the farmer i8 now recoiving o throo times greater pmount than ho received for his crop of 1872, Have froights boen roducod to cause thia differ- once ? 10 his markets any nehrer his door? Undor the spur of n wnpposed oxisting oppres. sion, did not theso boasled roformors prooure the posengoe of o law cstablishing upon certain lines of communication pro-rata rates? Aud is it not a fact that, from this course % PREIGUTS IAVE DEEN ADVANOED ? And at strong competing points is uot this em- barassient goriously fele 2 And, under this in- fluence, do the producers, a8 a whole, now re- ceive as great & compensation as they would were all thoue restrictions romoved ? 1 tako it the prico of corn in the genoral mar- kets of theworld sio zovorned by a power greater than human ingenuity can coutrol ; and that, tho greater the competition botweon lines of traneportation, tho greater the benelit to the producor; .. Thou, if to the farmer this law has borno no good fiudt, ° HOM HAS IT DENEFITED i Not the residont morchaut; for, under its opera- tions, are not his spocial contiact rates abol- ished? Not the manufaoturer; for pro-rata rates discriminate in favor of those producing in other States. Not local commerco; for miufi:uw, by it arbitrary moasures aud absolute rates, irrespeetive of cirdamstances and conditions, must, in its oporations, destroy this vital prin- ciple—competition. And while, under its opora~ tions, it caunot bo shown to Lave bouefited oo single brauch of induatry, it can be showu%o Lave borne upon localities with a TERRIDLIE AND CLUSHING WEIGHT, This law is unjust, bocanss flexible ; oppres- sive, becauso allowing no discrimiuation in favor of loealities or circumstances, ‘Then what right B it lougor to bo retninad? The busness in- terests of onr State are too vact to be oppressed and exippled from the opecationn of such a meas- uro ; and & repeal or moditication hes become necesenry, H “Tlicro Ji anothier featuro of this Raflroad lnw, and thut s serions one. Lvery businoss man knows that compotition, especiully in mattors of trausportation, is . AN ABSOLUTE-NECESSITY. Binglo lines form a means of rapid transit, but, with fow oxcoptions, intormodinte stn tlous raroly bocomo points of note. Now, it Is impossible that, over the vast length of rallroad-lines in this State, overy station should be a compoting point, but seatterod over its suifaco are many localities which, by Naturo and mau's liberality, bave ho- cowe, in ono senwo, railroad-cantros,—that is, whera business Las tho advantage of two or more lings, thore you find growth, dovelopment, and business ocuergy. What has created for theso points these suporior advantages? Why, in almost every instanco, liberal subscriptions to tho construction of cumpehu;i lmes, Now, I take it, if I own a tract of land in a wildorness, it is worthless as o source of revenue till a mar- kot can bo reached. I lines of communication con bo opened up, produce ut once hns a markot- ablo value at my door. Woll, in courso of timo, it is found thore aro othor murkets, which, it can roach, will BTILL FURTIER ENUANCE thio value of my product. For this additional advoutago I pay Jiberally ; and, having accom- plished it, fludin the compotition thus created tho bonofit I expected to dorivo. 1laving sucs ceoded in goltivg two linos to my door,—uo mut- tor whothor ono'ls Jouger or shorlor' than the other,—and through this means created o groat- er marketablo valie for my produce, am I not entitled to all tho bouefits and advautages croat- od by this compotition? What slall bo taought of & law which, 1 its operations, attempts to INTERFERE AND DESTROY the effect sought by me in aiding to develop ts now enterprise,—and_which is intorproted by thous delogated to enforce its provisious to mean that ** Tho chargoes for any dmtance within this State must not bo the ¥ame or groater than ihe chiarges for o greater dintanco,” This at oneo strikos ab tho #eat of commorce. Whore in tho justico or equity in such an gt ? Uufortunate it was for all enterpilses with- in our BStato when our logislators allowed themsclves to bo influenced to' voto for a measuro which, if enforced, wiil vay to the ag- rienlturist and tio maoufacturer, Thegreater tho distanco to market, the greater amount, in all cases, ehiall bo puid'to ronch it,—ignoriug all of- forts herotofore or now boing mude to secure compating lines, and thus dopriving me of the ‘bouefits £ once have purchased. Buclya law 18 TOO MONHTROUS in its effccts to Lo toloratud, ‘Thoro ls atill anothor feature ol this law, When pasged, it was clnimed by Its sdvoestos that, through its workings, this oppressive, this groat railrond monopoly, a8 it was termed,—ono tiint wae robbing the pesple by it exorbliant rates of $rgnsportation,—would be broken up, and thut ona broad, grand, aud uniform systom of trausportation would be the rosult, 1Iow wau this to bo accomplished ? Nuunivg into and &eross our Hiato, at almost overy conceivable point of compnss, woro nearly forty geparato, distinet, and lndependont liuos of railvonds, each governed and controlled by men skilled in_the manugement of their dif- forout dopartmonts, and, of vourse, huving but little Iuterest m common ; for, belug controlled and governed in thelr operations by difforont oircumstances, and transporting to difforent markety, oue line of yond could place its rate of frefght nt » figure ruimou to another, And, withiout doubt, there were points of competition whern ano road, to obtuin n portion of tho Lraillo whore it maintuined o stutlon, was campeliod to t1ansport freight at a figure FAS DELOW TILE ACTUAL COST of luna"urlnlmu. . Ho woll i this feature of Tailroad communiea- tlon undorstood, (hat to-day we lear of locull- ties uow tributary to a ‘single line making stronnous offorts to oponap a compeling llne, If this Iaw 18 to remnin in forco, I woutd ko to ask how this is to bo accomplisbed, » Tno law found our railronds undor this sya- tem of managomont, with mon at their bead moro concarned about tho nupyorl and Incroaso of buainoss of thelr parifcular line than for con- solidation for purposca ot monopoly. Under its provislons, the Governor upndfluud n Commis- slon of throo to superviso tariffs and control & husiuess tane, at that tine, devolved upon forty Goneral Buporintoudents, who, in ordor to ob- taln this positton, must oach and ovory ono bo thorough, practical railrond mon. Wero those whom the Governor had appointed to this fm- portaut position men of this capnoity? O iho coutrary, I prosumo NONI: WERE FAMILIAR with tho worlings of, n singlo line, and cortainly could not Lo conversant with the neocesitios of different lincs, Thisis readily shown by thoir attompu at Blassification, by placing roads upon tho samo sohedule whoso fnterosts are antagon- wstic, Wero thoy a'l parallol lines, auoh a rounlt might bo nocomplished ; but, then, instead of breaking up thoso oppressive monopolios, wonld not thiy vory systom tond to croata ono of the most flguntlu ovor pm{uowd? This law was nesed undor tho boast that it would give relief o the o}mmssud; would such a_system accom- plich this rosul: ? 0. 0. Mennior, Cntoado, Jan, 16, 1874, - Someo Parailels, ® To the Editor of The Chicago Tribunet Bm: If (ho hired farm-hands of this Stato should “strike™ in a body, and domand %5 ‘moro per month for thelr labor than the farmers wore willing to give, the farmors would con- domn thoe movoment ss monstrous and at varlanco with the bighoer law of supply and de- mand, Tho wenlthy oncs would probably awoar, aud proclalm that thelr ficlds might lie fallow hoforo they would yicld to the unjust de- mands of those eub-producers. And yot this ia oxactly - THE ONE-BIDED DEMAND made by the farm-nogroes of Louisians, the handful of miners at Poru in this State, avd tho miners’ army, 50,000 strong, in the fastnessos of Ponnsylvania; and is similar to the cry of tho united Grango oloment in this and other Statea to bo allowed to mako contracts with railronds without tho roads Laving auy voico tn fixing tha terms of the contract, Now, if theoo ignorant black bucksof Kol logg's kingdom, and tho 60 000 coal-producers of the Koystono fHtate, also coutrolled their respective Btate Legislatures, they would have their own jutoresta i band as thoroughly as have the form- ors of this Btato, sud could compel concen- sion to their own wilt by ovorriding the will of the othor parties in interest to their contracts, with tho samo easo And disrogard of the right of privataownorship to a voico 1 the control of private proporty that owr home-farmora do in their dealings with railroods, But what would we aud all the world say on scoing thoso 50,000 minors MARE LAWS TO IAISE THEID OWN WAOES? Wouldn't we weep at the coming of the red wrong band of Communiam? The thing s not Sm‘ 088ibIo ot tho presont pace of * progress,” culd it holp somo of onc farmord to soo themsolvon ad others see thom ; to have thelr hirod nelpers—mon thoy make contracts with ns much us with railronda—get control of tho law-muking power of the State, aud, by atat- uto, ontablish their monthly wages ab * §50 and found"? Would there bo any loss juatice in it than in the farmers putting their own prico np- on tho work of tho railronds in’carting their corn to market ? But this gigantis striko among the Allegho- nies, couvulsiug the whole country, nud affect~ ing tho pockets of milliuns of cousumers,—the rich end the ragzged,—suggosts one more thoughe in connection with railroad-legislation, which Lolds tho attention of tho hour. Why docsn’t Congress put a stop to these striles by DICTATING TO TIESE MONOPOLISTIO ‘‘PIoKs " what per ton shall bo the pay of their diggiug inthe dark? And then it might say thal they should work overy day at the logal rates, or bo fined for thoir *‘extortion.” Or lot Congress put the midious of dollars that oporato coal- miues on the same footing with the rallroad millions; fix tho price of coul and the price of Inbor; and, if the company eell over or under the rates, or to one_doaler it less than anoth fiue the company 10,000 for tho *extortion ' or *unjust discrimiuation” which such flagrant violation of *law " would clearly judicaio ? Hoping I may bave suggosted a now field for * progressive ™ logislation to experiment in, I am respecttully, B. 0. Conv1ss, Cit0Auo, Jun, 15, 183, The Difference Between the Yowa and INinois Enitroad Laws. To the Bditor of Lhe Chicago I'ribtine : OTrUMWa, In,, Jan. 14, 1874, Bm: I think a fulse impicssion concerning tho lute Unitod Seatos Supreme Court decision in {ue case of the Chicago & Northwestern Rail- road vs, Darius Fuller, has obtaioed, in part at lonst, from your romarks of the 9th instant on the samo, Permit mo, pleuso, to correct it. You atated that the Bupremo Court hud sus- tained the Railroad lnw in Towa. That is trno, but, a8 tho Railroad Inw of Illinois is about the only Railroad law which ig at all known abroad, tho statement by the leading journal of Ilinois, that the Court had sustsined tho Railrond Inw in Towa nwakens the inference that tho Railroad law of this Stato is similar to that of your State. But the two laws DIFFER AS HUCK 2 jowshinrps and borso-fiddies, Out lnw is gimply that cach raflroad company shall, cach Septombor, fix its transportation- rotes (to sult iteelf) for the following years; sball post up, and keop up, & copy of such rates in all stations ; and that charging moro than 1t thus juforms the public it deoms onough, or fail- ing to koop tho schedulo of ratgs postod up, u:xnll]ha punisied by fine. Thatis all, Neithor tho Inw nor the court declsion eays anytling about what these rates shall be, or th s Liogistaturo to fix thom. o o Pover of Naw, thero ssems to bo a broad difference ba- twoen compelling companies to oponly fix and adhoro to vates to suit thomaclves, aud the fix- ing of thoso rafes by law for tho companies and ngainst thelr will, Our luw looks slniply to the provention of that publio inconvenionce ‘which arisen from uncertafnty aud frequent ohange in tho charges of quasi public corpora~ tions, 1t does not commit TIE PIO-RATA FOLLY, and conequent robbery of communitios by the annibilation of cnu;flmllfiun, aud imposing pun- ishmont upon a rich rond for the donation of & G0-cont ride to the Govornor or n soldior's widow, But your law strikes at the very root of the * Golden Tule,"~at that spurkling princi- Dlo whiol has bockoned hither the straggling ouses: of enrth and made this comn- tiy permnnently “tho land of the freo and the homo of thoe brave“-~the right of privale conlrol over privale properly. Wihon your State “law says that froights be- tweon certain points shall not be less than thoe arbitrary flgure, dogs il not interfere with the possible opporlunitios of privato-oitizen ship. pers to nrofit by private countract (competition) with tho companics, just ns munifestly as it does with the cnm]umiou‘npimrluulun» for protiv when it says the freights botweon cortnin points hall not Us Aigher thau the arbitrary figure? I am firmly impressed that the Illnois Railroad Iaw is MORE A CALAMITY TO TIIE PEOPLE {han to the 1ailronds; thay for every 1,000 it curtails the profits of some ronds, 1t curMhls the profita of 1,000 producets at loast 85 por head. Wa want 1o pro tata tariff in this State. Snch a law would advanco raton at thia pomt tully 40 por cant, For choap ratos wa havo paid lu town and county bouds for compoting roads, and hold it no nohfinry to_ship cheapor and go farthor than towns that have done nothing to benolit themuelves, . Tho only demand for such o luw comes from localities” that havo roceived what benofits they hinve in spite of their pouurions- uess and hostihty to rallroads, Wo tasted pro tats, and fonnd it bitter, when your lnw was lrst onforced o as to make us puy iho rates it oxucted of your own clilzens, Bt wo soon took down our maps and looked for an- othor placo to trado with. Wo found Bt. Lonis, and used it nntil your Raliroad Commissioners rovised your law ahd mado us v VETTED THAN YOUR OWN FOLNS, 1f our new Farmers' Legislature attompts the THinols innanity, its funeral will be about as imi- romptu ay was its birth, Very tru‘l‘y yours, for 0w, A, V. Grueiy, 3 i A Nyciatope. Marlo Yordin, agirl 18 yonrs of ago, ig attraot- ing tho attoition of tho iyodica; Faiod b Blhio is allected with & stranga infirmily known a4 nyelalope, that s, losing tho faculty of sight when tho sun s above tho_liorizon, and roguin- ing It in the night timo, ~ During the duy Mile, Yordin 4 obliged to konr Llipor eyos closod and Lo n THE P. 0. & B, . Allegations of Frand Agrilnst Pratt, Bickerdilo, and Others, Proccedings Agninst the Company Begun in the Bankruptoy Conrt. The Poopld’s Omuibus and Baggngo Comse pany, which lhos beon rathor sbaky, came near having o pibtlc rovolation male of Its af- fairy in court yosterdny. In the nftoracon, n hislf dozon Iawyers and a3 many croditors gath- orod {n Judgo Willlams' room, with a rather hazy 1don ab to thelr object. - ; Mr. Grant, 1oprosenting a numbor of the ored- + tors, had o voluminous, blll, asking for an ine junction ngalust Goorgo Horbort, and a lvely disoussion was indulyed in preparatory to moking & motion for injuaction. It having been discovered, however, thal tho bill had pot yot been filed. The Judge stovpo d proceedings by blandly remarking thal tho papors ought to bo filed Lefore ho could on- tertein any jurisdiction. Movo spariing ensuod, sud it was sgreod, fiuntly, that the Trusteo, wha had advortised the Cowpnny's stocic for enlo, should nccually sell ouo itom, and thon adjourn, Bireuuous eiforts havo.been made, in vatious ways, tn koop the multor scorot, and etfoot a compromlso, but, as it appears, in valn; avd, as the mnttor will prnl}nb}y Lo procipi- tated . befora long, wa give an absiract of tho bill, It is brought by I, T. Eames, Ld- gar Loomis, M. ¥, .and ¥. 0. IHall, aud s fow other, larga stockbioidors in tho Omuibus Com- pany, sgoiunt Z. L Dratt, J. . Bickordike,\V. D. Mathouoy, Goorgo Horbost, and tho romiulning stockholdora, "Uhe oigavization of-the Company in 1809, and ita objoct, are first shown. The capital was to bo 108,000, dividea into 1,000 shiaros of 8100 cach., OF this wiofe numbor the complainauts hold 861 shores, or over oto-hail, “W'he trouble bogan whon, ib April, 1873, J. It. Biokordiso fraudulontly, a8 it shogod, ro- fused to recolve the votes roprosoniing elghty- one sbares of stock, olmming that “thoy were not ontitled to bo roptosonted. Complain- auts allego that, had theso boeu counted in, the rosult would have boou difforout. As it was, Zimrl J, Pratt was elected President, and J. R. DBickerfiiko ‘Lrensuror. These confedorating, as it {8 clabnod, with omo of tha stockholdors, formeid nring. Ono of their first acts was to ko, 1n July, 1873, tfo notes to L. U. Gage, ono for #24,6u0, nud tho other for €000, To ko curo theso, n trust doed was given to Georgo Horbert of all tho stock and sssots ol tho Coms pany, amouuting, s it 8 claimed, to noarly ; =137,000. The monoy procured by chis means, “y or a largo patt of it, was paid to Bialordike on & protouded debt due hith from the Company. Jan. 12, 1874, o mootiug of ihe stockholders was held, at which complainants moved to ap- poiut throo of their twmber to manago the af- fairs of’ tho Compuu{, but Pratt refused to put tho motion, and joft tho chair aud roum. Hor- bert has now oharge nnd control of tho Com- vauy's affairs, Complafoauts charge thut the votos nnd trust doed are nll paid,and should, there- tore, be delivered up and canceled; that.the amount really duc to Bickerdike was much logs than tho amount of the notes, sud that it is prob- nble that only & part of the iace of tho notes wag obtainod, but that the proccoding was car- ried out with intont to ombarrass the nifars of tie Compnuy and mix thow up. Bickordike i aleo chiarasterized aa a gambler, and charged with compliowtig tho monoy affairs af the Compauy for bis own bonefit; thoy therefore ask for an noconut; that the noto and deed bute- clared void.; and toab the Trusteo be enjoined from selling, o8 Lo hus udvertivel, the property of snid Omuibus Comnaay. The bill, lowevor, was not put on file, Lut it no settiomont is effected to-day the case will COome up to-morrow, As s offset to this, August Fishorand L. Q. Olinse & Jo. tiled two potitions in beukruptey, which were _couschdated ngalust tuis unfortunate Compauy. Fisher oloitig that the Cowpsny owes him 50 balance on two notes, one for $2,000, on which £500 bos been paid, and the other for $1,650, on which he has also received ¥500, Buth theso notes a1e due and unpaid, TFisher charges sus- ponsion of paymont, vorious proferentisl pay- mouts to cortain puities, and that Geoige Hor- .bort has within 5 month past talion posvession of tiro nesots of tho Company, and zecaived lurgo sums for whivh he ought to give au account. Ho churges, also, that the mortgnge or trust- deed iy fraudulont and void. Ulase’ & Co. claim 8257.78 duo thom on a balnco of a bool ngcount, and allege the unppid notes to Fishor, and a.proforeiontial payiment to Bickerdike, as tho acts of bunkruptcy. Both petitions ask for an_injunction agaiust the sdle under the trust deed, which was grauted on con= dition that o bonud was filed in the sum of wenr o thick veil, But In uttor darknoss sho can 600 80 a4 to vead and wrile with porfect cavo, $10,000. At last nccounts, this had not been procured, bus the aitorneys of tho creditors felt confident it wouid e, aud the sale to-day will therofore probably bo indofinitely postponcd, 7 ke S ) Tho Storm ~Signuly, #rom the Cleveland Leader, ‘There is o probability that, atid tho somowhat indiscrimivate entting down of uxgmmoa m Con- press, the United Statos Sigual-Sorvico may bo more or loss sacrificed.. Thero are n pumbor of men 1 Congress who have movor yot been able to neo what good that brauch ot the sarvice hus dong, oud - thero may be, accordingly, o tendency to decry tho comparatively soall approrrintion necossary to keop tho Signal Bureau in eervico. Ib will be, in our judg- ment, nsorious mistalie if tho Rotronchment Comnntleo puts the pruning-knifo to this im- pottant department. Evory dollar that it hag cont thus far bas baon vuved over und over again in the provention of costly disasters to shippiug. In order to make mors appavent the valie of tho wenther-signals to marinors, let us compare the dwnsters ou the lakes alons for threa years provious to the establishment of tho Storm-Sig- 1l Borvico wizh thoso of tho threo yours aftor the syston was in oporation, T'he totul number of disnsters reportod was : + Tho Stotm-Signal Burenu establishod stations along the Iukes u 1870, Alurk the resord ot tha yeara which succcodod : 071 i) 314 Totak.. ..y, 2,03 Tacro is an insuructivo poiut in theso last figures. 'Tho storm sigunl was firet huag out at tlus port, if our momory sorves, 1 August, 1870, Isufore'ic got woll at work tha season was well advanced, and, moroovor, the knowing muriners could not, for some timo, get it into their heads tunt tho man with the red flags and lanterns at tho tojograph ofticos * could tell them auything about puvigating the lakes.” Hu, for most of the romaiudor of the scavon of 1870, tho lake men paid very' liltle heed to tho signals, atd {he ° couso- quence was, that the disnsters that year were about tho snme s in 1867 and 1808, By the noxt your, howover, the Inke Cuptains bogan to seo that thoro was something i tha signal business after all. The more closely they vboy- ed the warning of the red Uags and lantorns, tha lees risks thoy ran, and accondingly waen the shipwrools for 1872 cama to bo addod up, thoy reachod a totul of only 314,—less than a third of those of 1809, It must ulso be remambored that 1872 was o yonr of extraovdinary activity on tho lakes, aud was cut short abe raptly by tho most eudden aud BOvero fimnzlng-uYl that had ever been soen in Novembor., Boarch the figuros suywhoro nud the sumo rocord of testimony wiil bo found in favor of tho valuo of the Bignal Sorvice, A sine zlo tologram to the station nt Savannah during o month of Soptembey, 1871, caused the diue play of & red flajg on & bright and beautlful aftor- noon, and a large ileot of vossola abou to sall re- mained in |>m'l,fl before moraivg tho momorably cyclono of that month Dburst upon our Houthern const, destroying nearly ove ory salling vessel caught abgent from sholtered moorings, That single teldgram saved, in that ona instance, money anough to run the Bignal Buroan for a dozon yoars, ~With all thoso facts fu. view, we venture to hopo that snch mombors of Congross as roprosent const distrigts will seo that.tho Woather Du- roau [ not saarlflead to tho interosts of thoso from tho Interior. The membor from Kens tuoky, for mstauco, or Arkunsis, or Missourl, roprosonts a constituonoy entirely unintores to in the _property which tho Bigual Sorvico gavos, Buoh s momber might very naturnlly think tho Bureau u sort of faucy sciontiflo play- thing which tho country might well gob along without, Thoso who livo aloug tho coasts, whoso lives and fortunos otten dopend upon the staunchuoss of aship or the ritoly warning of a galo, know botter, ~lien), - disoroot, cuuui.fi,up, ecupoiny lu national oxpengditurg was nover more imporatively domancded thon now, but this iy nok ;l'°k'n""° ‘e’ufi sy such flv’"fi rfiuhm :[)i«(n é.‘,m euking at tho bung og tho aholition of she ual Bacvico would be, L