Chicago Daily Tribune Newspaper, February 4, 1874, Page 2

L Al aid- S m ques- of our Con- + gbts; as Clauso wn - shall bo do- *, “or property, with- ©oof laws” and “lo this Jinuse 18 of tho samo witicle : + srty sall not be tnken or dnmaged 1w without Just compensation.”. Cue .~ vounsel for appellents makos these polnts areddition: The et Is repugriaut to the Fonir- teonth Amondmont of the Constilution of the Uuited States; and further, if its provislons can Te construed as au Inhibition of the warchousing husiness, excopt under spectal conditions, aud ag conferring tho privilege of doing that kind of businers upon persons able or willing to comply and nchml’,v complying with these conditions, thon, iu Ko far ns it is not based upon Art. 13 of the Siate Coustitntion, It is repuguant to See, 22 of Art. 4, which prohibits tho General Assembly from passing any Joenl or spacial laws * granting to auy cor- poration, sssocintion, or iudividual, ahy speclal or exclusive privileges ot iminunity whatover.” ‘Wo will consider theso propaitions firat, as they appearto bo thrown into Lhe controversy as mere make-weights,—tha roal morits resting i tho two first. . As to the repugnuan 5 of the Warehouto ack to tho 1t cluuse of the Fourteenth Amendmont to tho Constitution of tho United States, a slight consideration of that amondment aud judicial decisivns upon it will be snflicient to satisty any one. JAS NO ATPLICATION TO TIIE CASE. That mmendment iy ns follows: “All parsons born or naturalized in the United States, or suh- ect to tho jurisdiction thercof, aro cliizous of ho United States and of tho Stata wheroin they resido.- No Stato shnll make or onforce nny Inw which shall abrldgo_the priviloges or immunities of citizens of tho United States; nor shall nuy Biate deprive any person of life, liborty, or prop- erty, without due process of lnw, uor dony to any ' person_witlin its jurisdiction tha oqnal protection of tho law.” It i3 well known tho nmendmont in question was incorporated into tiw Tederal Constitntion to shield n cortain e who Lad been Dborn and reaved iu sluvery, from pernicions lui,vlnlnriuu, Dby which their nowly-nequired xights by their cmancipa- tion might boe so_erippled “as to ronder them wholly worthlcss, Tu the discussions upon tho effcet of this amendment, in the slsughter-houso cases from Now Orleans and the caso of Myra Bradwell, pluintiff in orror, taken up from this Coust, it was not intimafed by the Supremo Court of tire United States that a regulation by a Kute Logistiture of a pevmit or profession, ns o regulation of the use of proporty, nbridged in any mannor the liborsy of tho citizen, whito or black, Upou the other pro; . Wi CANNOT PERCEIVE that the slatule can receive the construction vontended for, ‘I'he seclion relied on is in theso wouds 3 ¢ ‘Flie Genoral Assombly shinll wot pass leeal or specinl laws inany of the following enumoratod enses,;that in to say,” ‘Ahon fol- lows o largo number of speeificd subjects, tho Inst of which is this : ** Grantingjto any corporn- tion, associntion, or Individual any speeinl or oxclugive privilege, immunity, or franchisn whatover.” T'he inbibition exteuds only to massiug vpeeial Juws far such purpose. But tho law in question is genoral in its objects, oper- vo throughout the Biate, aud confers no munity, or speelal or exelusive privilege or Trauehise, npog suy individual, asaoelntion, or poration. 1t deals with an oxisting business, loxcly nusociated with the great agrlenltural aterosts of sho Btule, and nocks o rogulata it Ly laws, 'hin in thio whole scopa of the net, DT TIL INPORTANT QUISTION REMAINS a8 presented on the flrst two points made by aps pellants, aud argued with groat ability, Dous the uet i question doprivo the owners or man- agera of this warohouwso of their property, I tho senye of the Conatitution ? It it does, 1t i void, and must bo so declared, This viow of uppellants scems to bo based in n grant degroo on the fuct that thoy lad constructed thelr waro- Jionse und estublivhed the busineas longs anterior to tho cnuctment of thislaw, It was established whilo thore wan freo trado in the business, aud their charges waro subject to rogulation only by competition and ngreoment, nnd they now clalm aright wo continno such uso without legislative Tontraint, ¥ furthoy say thoy have complisd with all tho provisions of tho uct, excapt tia one requiring them to take out o Leonso aud ontor into bond, ‘'ho srgumont In, by this logisla- tivo interferonce thoy ard deprived of the use of their property, and, so depriving them of ity froo und unteammeled uso, thoy uro doprived of their proporty in tho sense of this elauso ol the Bill of Riglts, Much in- gonious argument has been employed to ostab- lish lhlxs)u‘upufi[l[ml. wnd the ensgo of Wynchamer w, Lhe People, 8 Keernan, AN, Y., 376, cltod as 18 &, ¥, invoked in support, and groatly retied on, Wo linvo looked' into thal cise, snd find thet the Cowrt were divided in opinion, und that tho dudges who held tho act unconntitutionnl woro lod o that conclugion becauso, by tho torma of the act ituelf, the property ju intoxical- ing Tiguors WAS HUBNTANTIALLY DENTROYED, and thus the owner deprived of his property by mero logllativo will, “Fhey eng, i€ tho ast by by torms hud heou applicable ouly to liguors fm- portod or maunfactured aftor It took effeat, it would not huvo boon in_conttiot with the connti~ tutionnl provision deoluring that **No person ohall be deprived of Iir«;,,llbe\'lfl, or proporty, without dua process of law,' Che question hos foro the Court wus, “*Did the prohibitions and penaltics of the act puss the houndarios of trade- yogulution and police, aud, by thoir own forco, worle the cssontinl losy or dentruction of the pronerty ab which it was aimed #" ‘Lho Inws in_question aubjected tho lquors to scizure and physioal destraction ; and, aa tlmr wero, in oyery sonso of tho tor, proporty, and so rocog- pized by law, tho ownor was, tion, doprived of hie propesty. 8 moro logiala- by {G Wi Lold tht, * . tho public lutorasts nnd , stitutional inhibition THE CHICAGO DAILY TRIBUNE: WEDNESDAY, FEBRUARY 4, 1874 ho eommoreinl fintod 3 that it alawful to keop ) aithdriwn from ablie nuisanco, . was hald, swopt v o 1 the Hinto, and ¢ 4 unlo which made 8, 1t was held, way OF I'MOPERTY, aw annililintes tho ¢ A it of thono nt- « digtinguished nn dof it, according and cortabily with- + mal provislon in- W fin-nm tho oxoteluo [ m Ly onoof the aborad offort mado Bat {ho dintitic~ i fho rung may read.” hit to dopirive wire- ntecadent nequisie o tud of tholr op- lLiohd, 08 Was tho ento air, thure vould bo ogy. 111 RIND d 3 ahd 1t 18 not even Iffa_iu dtror that, by stions of the Inw, thoy romuncration on thoir sdhible recompenso for sndibility, In tho easo Admitted tho Logislaturo proporty of all kind, but annihilate commoreo in 5, and 40 condomn tho * netion, It was on this 0 law was leld Invalid, ask, 18 therc in Lheso 5 bf onr Genoral Assombly > 3t property, or doprive its « 162 It doos not alm ab tho farchotises, or any of their -suta s affoct thom fnjuri- 4t it docs niot say thoy shall ’.l“w Contstitution- hall Lo deprived porty,” 40 foreh, " i clares that, in the oxorelscof 2tions of Qovekiiment, privato reeelve romoto sud consoqiont ncan cloim that, in thoe oxor- ¢ fitnctlons of government, his b bo diminishod in value, 'The ‘ner ghall not ho deprived of hig 1t duo process of law. If, in tho ¥ adniltted functions of govern- 's property is renderod less valu- ¢ 1T 3t SERIOUKLY CLAIMED m in the Bill of Rights hus beon In~ dont in this State fs reposed in throo « atw; composed of wseparnto bodics of i gy, Tho wholo legislative power is sy tho Coustitution in tho Cleneral As- +i , composed of two IHouses,—tho meih- each to have certain_qualifleations, and alocted by the people. Evory subject with- 0 domain of logislation, withiu tho seopa of . government, not withdrawn from it by the astitution of tho Stato orof theUnited States, t bo dealt with by thst body by goneral lawa . 9 affect the whole Btate and nll the peoplo with- m it, 'That body is am{)}mtlcnlly tho guardian of 1 welfare, and would bo deralict n its duty did it fal to excrelwo all ity Ea\v 8 to their promation and protoction, That ody is tho sole jndgo of such monsures s muy adveneo tho interests of tho people. Comiug, 18 its members do, diractly from the people, wid of thom, they kunow tho courso of trado, tho munner in which the great internal commorco of the State is conducted, and by what Inatru- nientalitics, and how by them the produzing and other Intereats of the Siato aro afecte “Thegw, it must ho conseded, aro il fik subjects for legislative considaration, and indopendont of ;my constitutional provielou; and thoy would havo AN UNDOUBTED mIamT Lnowlng that o large proportion of otr ceroals, to ranch tho markets of tho world, were com- polled to pras through cortain warohdnues called clovators, aml subjeeted tosuel charges s thalr owners might szo fit to impose, to take up this wholo subjees na one_logitimately within thoir domain ; and if, in their examination of it, they fiud the owners and managers of theso wara- houes urotn_organized body of .monopolists, posuessing snfllefont atreugth, in their combinn- ton and by their coumection with the failroads of tho State, to imposo thair own torms npon the producers aund shippers of theso coreals, to the yreat dotrimont of the latter, who ure under kind of moral duress in_renting to them, can it ke said Lo he an unurpation of power ou the part of the Legislaturo to bring them IN BUIIECTION TO LA, 50 to rogulnto their conduct and chargos by lnw 4 to prevent appression and extortion ? Can thore bo & more lexsitimete subject for the action of u legislutivo body ¥ Wo think not. Shall it bo snid un intorest no vast ns this ix does not desarve governmiental care, aud is not & proper subjeet of nome kind of governmental control ? Aud if, in tho means provided by the Legislatura to that end, somo reduction in thelr monthly ox aunual receipts may be tho result, can it bo sard tio ownors aro theraby doprived_ of their prop- rerty 2 In the enso so much rolied on supra, it was wdmitted it was wot suflicient ; the lnw might impair tho valuo of the proporty in even 8O h'rr.-:u o degree a8 that, and yot destroy no ights, 1t docs not deprive tho owuer of any vight of property. Al rogulations of trade - with o “view to the ublic interests may more or less impeiy the value of property, but they do not come within the Con- unless thoy virtually take away aud destroy those rights in which proporty consists, Thoir destruction_must 'bo, for all substantinl purposos, total. By tha law uuder consideration, NO RIGHT OF PROPERTT is taken nwny or dostroved. All tho property the owners ever possessied in this businoss ro- mains to them untonched by the stroug hand of legislative power, 'he law must be leld to 1o ono potent alfort on the part of the Legixin- ture Lo arrost a grent and growing evil, by rogu- lating the charges which .these warchouses shiull demund, and lllm:lng them under bonds that thoy will not violate its provisions. CGireab plress is laid on the fact that this ware- house wau orected in 1862, long onterlor to tho pasinge of {ho laws, and, by this kind of logis- lution, the ulternative is presented, eoither to nbandon the use of the property for which it was fitted, or to do business for less compousa- tion thun 1t ownexs had therstofore aud always received. In nnother part of thelr nrgument, thoy eay thut they, by couscut of their custom- ew, havo roceived, during tho past year, highor rutes of storago than those specitled in the not ; and 8o, in tLis respeet, the uck in a_pluin, pald pable violation of tho clanuo of the Conntitution rehiod on ¢ that dopriving them of the value of the use is depri thom of thoir properly. This arguinont is answored by what we havo al- rondy enid. 1T 18 IDLE TO ALK abont the consout of thair customers to highor rates of chinrgos than this Inw ellows o wman to rocsive, ‘Their customors, hafore this law was onueed, lud no protegtion ageinst those mone opolists; thoy hul no consent to give; thoy ware obliged to hnve their grain taken’ to ' thone wareliouses, aud bo subjected to such chargos a8 the organized combination, shutting out competition, might chooso to demand. Tho producor und sbipper had no alternative but submission ; they woro l:umrlotol,v in tho power of this combinntion, and it did not fail to do- mund nnd ennct the highest elinrgos, It s this srate of things tho law'is designed to romedy, One of the flvat and most imperative dutios of tho Inw-maklng power—ia to onact sl nocen~ sary lawn to remeds oxisting ovila,—taklug curo, in 80 doing, not to transgress any Constitutional limitation.” 'I'ie means by which to do uo mont offectuelly is in the discretion of- the Legistn- turo, l(ucpqu in view the provisionn of tho or- aniv Inw, This lnw in no reepoct afects the title, possession, or use of this warohouso, by the plaiutif in orvor, IT DEPRIVES THEM OF NOTHLG they owned and possessod ul the timo of ity en- actment, Anticipated profits ave not, and eon- not be, lield and rogardod uy proporty in the ownorshin or possciuion of him who owns the artlelo out of which profits avo oxpacted to flow, Fho proporty i ono thing and romuing un- toushed s tho profits are nob in_exze, and eannot bo claimed as properey, When it is sald one is doprived of lus proparty, the wider- standing is, It hus boon takon awuy from hitn,— hio s divested of titlo and powmiossion, This provision in the Bill of Rights has nsvor been 30 construed by tho courts of uny Btute whoys Countitution lias such a provision, as to deny to tho Logislaturo the power to muke all needful vados and rognletions rospectineg use wnd onjoye ment of proporty. Ivor sinco tho orgauizution of our Btats Government, tho Leglulaturo has EXEBRCHIED ‘TIIT8 FOWER UNQUESTIONED, Tamiline instanees aro fonnd In rogulating public forrion aud public mills, and afiixing the compensation in tha shapo of toll. Another [sin dalogating power to munleipal hodios to rogu- Into the ufim‘gofl ol hackmon wnd draymon, and the weight amd prico of bread ; but, it n prapor- l{ tha most Inrgoly sought aftor by ull olasion of the community, aid doemed the ‘most valunblo of my, a1t controls ll othory, tho logislntiva Im\\'br of overy Htatein the Union lny been hrought to boar upoii 1t, and no_Court L ovor questioned the right so'to do, Woe allude to TUE INTEREST LAWS— Iaws dovlatlng ab what rato n man may loan his monoy. ‘I'he argumont used horo, it sooms to 1, would pronounen theso laws unconstitution- al; for they do regulato thio uso of n ninn's prop- orty; thoy do fix & valua upon Ita uses; and, 08 il Almur\'ntlnn shows, n most localities, grontl Dolow its market-valte, It may bo answorod, nuch has boon the pnlluf of 8tates, and such log- iulatton hing beon so unlvorsal and continuous ns hava familiatizod the puarlu to it, nnd who Tuwvo ndaptod their businoss to ity requiroments., But, hore they say, * Wo woro In this business whon it froo and unrestricted, and this new pol- fey nbridges our gains, It wne rightful,” thoy Ay, ** Lo engago in thin businosy, and so to om- ploy aur eapltal that wo may mpho the largest alni ot u} 1t." Tho intercst on motioy loancd 5 by law 6 per cont, with tha fizht to conttact for 10 por cent 3 and such hna boon the law fot a long sortes of yoars. Undor tho covor of Lhnt Iaw, capitalints havo ongnged in Jonting monoy ot thoso rates, Some, on tho sirongth of it Tuivo, orcetod costly bulldings of grauito and marblo in which to transuot their vast business, aurrounudod by n corps of elorky and othor ofli~ cinls, to whom Ligh walarlos aro paid. WILL ANY ONE DERY, aftor this banker hns comploted his structure and arranged overything in profitablo working ordor, that tho General Am{embl{ may declare Dy Inw that, nftor the passage of tho law, tho logal ratd of intorost shall Lo 4 per cent, and it shull bo extortion to contract for more than ¢ ]mr cont, and o violation of the law, to bo pun- ishablo iny {ine or imprisonmont, or both, in the disoration of the Court? Would tho money- londor have any right to complain ? Would his apponl to this “clause in tho Bill of Rights bo listoued to for n momont? Would any Court in Chrintondom condemn such oo ontelment a8 unwarranted by the fundamental law? The use of monoy is o mattor of tho rontost publie concorn, and that it may Eo regulatod by Iaw heg nover been nuthorite- tivoly donled,” Iindrad subjocts, such nu public warehouses, public mille, the weight and prico of bread, and publie ferrlos, are so connoctod with the public wellfare that n Govornment dos- tituto of the power to rogulnts thom, to imposa such rostrictions upop them ns may be_deemed nacossnry Lo promoto thoe proatest good of tho groatest numbers, would bo but TIE SUADOW OF A GOVERNMENT, whoso blnzonry might woll bo a ** eap and bells” and o pointloss spoar, Wo havoe not romnrked uPnn Artlolo 13, undor which this Inw s supposed to bhavo its eflicioncy, for tho reason wo hold tho law o8 clfectual for all the purpored contomplated by it, and ns valld, with- out ag with this article, A'ho nrticle itsell scoms ont of plate in an organic lnw ; Lut tho convou- tion, however incongruoiis it may oppoar, haa undoubtedly tho right to put it there. That body conld "not withstand tho sppenls thnt went upto them from tho producers snd shippers of tho grent dud indisponsable wants of men, end forml “? tho inost valttablo portion of onr staplo productions, to provide vonio romedy agalnat the ng’;rnnxion uud oxtortions to which thoy were subjected by thls organized combinnbion of moiopolists, nlroady stich a_formidublo powar, with but ono licart, and that palpitating for ox- cosalve gnins. Wo placa tho right to legislato on this subjoet upoii that power, call it by what uame you will, INHERENT IN EVERY ORGANIZED CIVIL GOVERN- MENT, Tverysoverolgn power possesses Inhorently wn- limited logislative powor wlion the organic law impoyos n6 restriints, Tho power Lo logislito on ail subjects dffecthig the gront interests of the whole community mugt bo concoded Lo oxise, aud it will not ceaso toexist until civil govorn- ufent slinll bo resolved into its otiginal elomonts, ‘Wo havo nothing to do with the poliey of thia onnctinont. That wns @ qitestion excluniyoly within the jurisdiction of tlie Goneral Agsembly, yvihich uuder iio cirenmstauces has the judicinl departiuent o right to question or arraign, Wa think what wo havo said disposes of tho othor point mada by plaintifta in ervor, arrnig ing tho law ns violative of Sec. 18 of Art, 2. ‘Fliere I no taking or dumaging privato proporty hiere, and dovoting it to public uso, It {4 an ox- prosgion of the will of tha pouple, through tholr represontatives in tho Gotieral Assembly, thnt :%m]tlc,linutrmnonts of oppression nnd extortion shiell o IROVGTT INTO SUBJECTION, to the great reliof of the people. Wo nro of opinion tho Inw is o valid, constitutionn} enact- nient ; nud, so0 belioving, aflirm tho judgment of the Criminal Court. WALKER, J, ‘I'ho Constitution huthorizes tho General As- sembly Lo pass laws for the inspoction of grain, for tho protection of producors, shippers, nnd receivers of grain and produce, and to presctibe by Inw such other and further remedios as mey Do found expodiont~—not to deprive any porson of osiating common-law romedies—to rogulate warehousos. Thin, J. think, confors amplo power to ounct the law undor consideration, I, how- ever, oxpress no opinion as to such power inde- pendent of theso constitutional provisions, I thatefors, coneur with tho majority of tho Courk in the declsion sunounted. . ———— DISSENTING OPINIONS, McALLISTER, J, In 1862, Munn & Scott, the plaintiffa in error, liaving leased promises, a8 o mero ptivato ontor- priso erceted thoroon the warchouse doseribed in the information, in which to stora grain for Lire, 'Thoy then commenced tlie business of warchousemen, which was continued down to 1he commencement of thiu prosecition for casry- Ing it on without o liconse from the Circuit Court of Coole Couuty so to do. It is mot disputed that, for the niue yoars they eirried on tho business bofore July 1, 1871, when tho nct in quostion wout iuto foree, they lield titlo to {ho promises and excreised their employmont IN ACCORDANCE WITIL THE LAW OF THE LAND aud it is not pretended that thoy did so under any grant of the Legislaturo in the natnro of o franchiso or privilege, Thelr property wns pri- vate proporty ; their bueiness was wholly n prie valo onterprigo nud their rights in both wore necessarily ,the rights of private proverty, ‘I'hess propositions cannot bo successtully con- troverted. On account of tho viows oxpressod by my brathron, and the conclusion arrived at, it ho- comos necessary to oxemine the queations in- volved in this case upon olementary grounds, Al considoretion ef a franchise being oxeluded from tho caso, the oxnmination, so far s it ro- Intes to thonuturo of their rights, may bo regavil- edes precisoly tho samo as those by which ony individuwd may baso o elaim of privato vights nd constitutional protection. Tho natural rights of individaals aro antecedont to aud oxist indopondently of the Constitution. It Is tho of- flco of the lntier to securo, not to eronto or he- stow them, “Wherofore, {lo oxtent of constitn- toual protection ean only ho dotormined by{n corvect dofinition of the rights it was intended to secure, ' Tor that purpose I shall rely upon one uuthority al [ NO: NI: UAN QUESTION 1T, Ohancellor Kont gaya : ** The absoluto vights of individusls niny bo resolved into tho vight of {mmnunl secuvity, tho right of porsonnl lborty and the “right to acquire aud enjoy property. Theso rights have been justly considored and Iroquently declarod h}y tho' peo- lo of this country to bo natural, inlioront, nud inalionablo,"—1, Kent's Com. ( Comstock's Ed.,), 687, Again, on tho sume pugo he says: * Ttight itselfl in'elvil soviaty is thut which nny man is entitlod to havoor to do, or to reqitiro from othoi, within tlie lmits preseribod by lnw," ‘Lhon plaintifts [n orror, it must b concodod, Dud o natural, juheront right to uequive the lousohold ostate, to oract the warehouso upon it, and employ the samo in tho busiucss of storiug grain for reasouablo roward or hire ; and, whou the act In question wont into forco, that right wae A VESTED ONE, As was geid by Chinwe, T, In Calder v, Tull, $ Dalies, 891 “Whon I uey thit n right is vested in u citizon, L monan thut ho lny the power lo do certali aclions, or to posscss certuln things, eeording to tha Inw of the land,” And again: £If nny one hns n right to proporly, snch right I8 nperfoct and oxcliisive right.," It 14 to eoure thes rights that Governments aro inatituted, T cannot stop Lo give even & brlof aceount of tho developmont or the dufl- nitlon of tha natural rights of individunls ny tevognized by the comman law long bofore the Amorieatt Nevolution, or how the words of Angna Chartn hecamo fundestontal in ol our Btute Covernments, und incorporsted Into tho Counslitution of tho United Htates, I am con- sldering n quostion now wolely ribder the Con- atitition of this Stato,—the vory first section of which, nfier cunmorating tho vighta of por- honul securlty and porsonal liborty, doclaros ; Lo sieouro thoso rights AND TIL; PROTEGTION OF PROPENTY, fovornmenty uro Istituted wmong mon," oto. Then thie noxt saction embodios tho groat funidu- montal dovlaration of Megna Charts, that ¥ No pergon shull ho doprivod of lifo, liberly, or prop. arty, without duo process of Inw," Iova 1 will he poreeived aro throo suhjects, - onuls oxprosmed by w single word respootively answoring to amd coveriug tho threo shsolte nutural r J’nu, viz s the rlszm of porsonal soourity, the right of por- souul liberly, nnd tho right to aoguire sud enjoy property. It will ho furthor porcoivad that the slght of praporty Is plnosd_upon the samo faot~ i a8 tho rights of porsonal soeurity and Hbocty; sntl why, in point of roneon and philosophy, slhonlt “not this bo wo? Tt must bo ndmitted that tho sonso of proporty s deeply implantod in human naturo,— 38 INHERENT IN DIAN § and, it wo nro toinfor a purposo from rosults, this rouso must hiave boon bostowed for tho purpose of rousing mankind from sloth and Btimulating them to nctivity, and hns, i fact, Tl for groater Influeneo in founding eivil gov- ornmont upun corroet principles that any other motive or percoption of the human mind, In the elogant and comprohensive lnngunge of Kont: *Tio nntural and nctive 2onso of prop- orty potvades tho foundatlons of soclal improve- niont. It leads to tho cultivation of tho ecarih, tho fnetitution of governmont, tho estnblish- ment of justico, the sequisition of the comforts of ltfe, tho growth of tha.usefil arts, the wpirlt of commoreo, the produationn of tasto, the oroc- tionn of clarity, and tho display of tho bonevo- lont affoctions,” Biich holtyy the bonoflcent inflience of tho natnral wonko of proparly in forming and ani- mating all the institutions of » truoe olvilwation, the right to itn gratitication, within the limits of luw, waa regarded ag an AUSOLUTE, NATURAL, INHERENT Rraut by tho founders of thy contmon Iaw; is inotuded in tho fandamental doctrivios of tho Daclaration of Indepondenco as among the inalionable righta of man, and thero denominatod as the right to the pursuit of happincsa; and, in tho Bill of Riglits in Amorlean Govorninents, it is pinced upon an cqualily with tho great natural rights of personunl soeurity and peroonal liborky, It nooms to me palpabla thub the views of the majority of the Court narcow this right bolow ity propor monsure. They hold that, it thelr privato proporty Is not taken, if tho tlitlo to it is not disburbed h{ tho act in_aostion, then thceo pnrtios caunot Lo constdered ns being thereby doprived of their propoity, within tho meaning of tho coustitutional iubfbition. This ecoms tomo - AN TRNONEOUS VIEW. “Tho Till of Tights, o I havo snld, doos nob cronto of bestowtlieso natural rights, and hins no roferohee to romodies botween man and man, but was intonded for tho protoction of tho oiti- zen us aguinst tha ngencles of the Qovornmont itgole; und that rrutaczlon was intonded to bo ng brond ns tho rights protoctad, ‘I'lio right undor consldoratiah is not only Lo acquire, biit to enjoy, proporty, Our Governmont isonoof tho peo- plo, ond its functions uubject to disturbanco by popular excitomonts, by which oo class of won, with cortain partionlar intorests and projudices, cither politieal or otherwise, may coms into power, displaco all agaiust whom' theso proju- dices run, snd oppoxe thom with unfriendly logislation. Suppore the displaced eclnss to Do thoso cngaged in agrieulture, thon laws aro possed to cripple the intorosts of thosp ongnged in it. Tho prico of laborers or omployes it {ixod at o high rate; dud maximam prices for all praducta nt Jow ratos. By and by this oppresacd elass conto into power, and they rotaliute by sivglig oub the lavgo cities; thoy progeribo the rates of insurance, » standard for ronts, prescribe heheduls of charges for com- migslon-morchants, hotel-koepers, propristors of nowspapors, aud, above all, maximum low prices for all inplomonts Lo Lo used by the dominaut cluss, Now, in nono of theso instauces wonld proporty itkoll ba tekon, or the titlo to it dix- birbed ; but can thera bo auy doubt that by tho principlos of tho Bill of Tights all sueh logiala- tion would bo ¢ UNCONATITUTIONAL AND VOID ? It wad for tho provention of such things that Ooustitutious ars ndopted. ** When ths Govorn- mont,” snys Cuoloy, * through ity eutablishod agencics, {nferfrres with tho Litle of ong's prop- erty, or the independent enjoyment of it, and its act i called in queslion a3 uot in accordanco with the lnw of thio Jand, we aro to test its valid- ity by thoso principlau of civil liborty and consti- titionnl defonsg which havo boen catablishod in our system, sud nob by any rulea tuat portnin to forms of procedure mavoly.”—Cooley's Const. ZLim., 836, 1iaving given this exposition of the naturo and oxtent of the right of proporty which the Bill of Rights was intonded to sceuro agaiust the ngen- cies of the Government, 193 ud Hue whother fiich right was uuebnmtnllmmll{ nvaded by tho neb i quostion, Bofore proceeding to that Inquity, it is proper to state that thore Isno question wrisiug which hag-auy roferonco to tho power of eminordfdomain or' taxation, , THI ACT BINGLES OUT from all tho esteblishments of tho State of o similar charector the gralu-warehonees of Chi- eago, 1t arbitrarvily lixes the maximum rates of hiro or reward to bo recowved by the proprie- torg, and forbids iliem from cohtrncting with customors for any highor rate. It then pro- hibits, undor govero ponaltics, thoir continuanc, 1infoss they shall fiyst apply for nud obtain @ liconeo to carry it on from tho Cirenit Court of tho touuty in the mauner proserined, and cnler inro bond, with surotios, conditioned for n full and unresorved complirnco with all laws of tho State respecting thelr bueinoss, iucluding, of course, that fixing the mishinum rate’ of biro or rewnrd, for Uroach of which the licanse may bo ravolked, the husiness inade eriminal and stonped, and themsolves and suraties hablo en thelr bonds, As wns justly said by Mr. Justico Johusion, of the Supremo Court of the United States: “ Liconuing ncts, in fact, iu legislation, aro universally vestraining ncls; s, for oxnm- ple, ncta liconsing guming-honses, roteilors of spirituous liquors, ote.”—(@ibbons v. Ogden, 8 Witeat,, 232, The proposision iw, it scems to me, too plain for argument, that tho nature ot the powor over tho business of warohousmon of grain in the City of Chicago hore sssumed by tho State is one of suppression ESTRUCTION,— For, if the Legisletrs cui fix the rate of componuation, then mako it crlminal to proso- cuto the busiticss unless thay shall obtain o li- convoe to carry it on, and give tlio bond roquirad to submit Lo tho rate o fixed, then tho powe limitod only by tho pleasiro of tho State, aud it may #x tho rite ko low that tho business caungt possibly bo cuntinuod undor it, and is thercefore suppressedt,—lestroyed, Lhis I8 purely aquestion of power, * Questions of power,” kays Chiof- Tustico Marshall, * do not dopond on the degres to which it may bo oxercised. If it may bo ox- ercined et all, it must be oxorelsed ab tho will of those in whose nands it is placed."—Zrown v. State of Maryland, 12 Wheat., 439, Thig principlo was illustrated in tho ense of McCulloch v, Slate of Maryland, & Wheat., 816, whora it wag not olaimed that the partioulir tax luvied by tho State upon tha United Statos Bank would l?onlruy, or ovon embarraes, that institu- tion, Bub tho validity of tho uct was assailod wholly ipon tho nature of the powor in: od in It; ond tho central iden of Chiot-Tustico Mar- shall’s opinion way, that n powor to tax was n power to tax limited onty by the ploasuro of the Btato, und that it wes, tlierefors, A POWER TO DESTROY, So haere tho power to flx thio maxium rates of comyensution, and nuko the vontinuauce of th business crinunal unless tho pertien will submil to such mtes, procuro liconso, und give the bond,—n power whoss exerclse ia limitod ouly’ by tho pleasure of the Btato us to " what that rato shall ho,—iy necosnnrily o power to dostroy n business which Tad beon easriod on for nine years according to tho law of the land, and in which theso partios bad vestod right, I insist that they could not ho deprived of theie rights excopt by due pro- coss of law. The Logilutira AD NO MORE POWER to accomplish tho destraction of such businoss, and doprivo thom of thelr property by such in! direct modas, than by n_ distinct fhat to_ require the Shorill of tho county to burn iholr waro- housos, ‘I'hemajority of tho Court secom to Inco their conclusion in part npon tho ground hat thoso prrties oxercied a publie -omploy- mont, and were, theretore, subjoct to the police powar of tho Btafe. Wo lind ocension, in The Toton of Lake View v, Roschill Cemelery, Sept, 7, 1673, to oxumine somowhat into {ho mnture of that power when resorted to as u color for subverting privato rights of Prox)erly; and thera held that It could not bo invoked to sus- tain logisintion which invadod privale right, whora the police-powsr was but a moro color for such invasion, But thosa parties did not oxer- ciso o public employmont. Buch was nob the charactor given %n their buslness by the common Inw, In Coggs v, Hernard, the leadiug enso on the subjoot of bailments, Chiof-Justice Holt, in bis olobratod Indgmant, g A o tho litch sort of bailments, viz: a dollvory to carry or otherwiso manugo for a roward to be paid to the bailor, thouo casoy nro of twvo sorts ¢ eithor u de- livary to ang that oxorcises o public employ- mont, or o delivery to s privato porson, First, if it bo to o porson of the firet Aort, aid he is to linvo nroward, ho is liound to answor at all evonts, and thin Is tho ease of tht common e rior, mastor of n ship, ote.” Whis dogroo of ln- bility, viz: Lo answor at all ovents, attachos by tho common law in this country ouiy to common carriors and innkoapors, VOES NOT ATTACH TO WANEHOUSEMUN, Tienca wo find thut My, Justico Story, in clas- sifying bailmonts, locatio custodiio, or depouits for ~hivro, puts ngistors " of cattlo, warchousomon, und wharlingors togother s thotio whoss obligatimi would fall under tha samo ritla,—Slory on Ballments (8th Ed)) Sco, 442, Warohousonion are baund to tuko common and reasonablo cavo of the commoditlen in- trusted to tholr chmrgo,—Id,, Seo, 441, Whilo comuon earriers and iunkospors aro unurers bo. wauso thoy vxorcise o public omployment, Thelr Dusiuouy was, therefore, simply that of waroe- houdomon, Such was tlin charactor givon to it by vho common Inw, and fn which thay had vonted rights for nine yeats antorior to thiy net Lids helng ao, 1T WAB NOT WITIIN THE Pownn of the Binlo Govermment, by any declaration, oithor through n constitutional smondment ot the Logislature, to chnngo tho chinructor of such business so a8 Lo sihjeck i to loglelative con- trol in tho maliure of a powor of supprossion, Bocauso n Corvention Is assombled to amond the Constitution, no individunl {8 (horoby mib~ Ject to bo doprivod of vested rights, 'The greal fundamental priveiples of o topublican form of fiu\‘m‘ullmnt contihug in foreo during sucl Jonventions, nnd nre not suporseded by nn nmondniont of tho Constitutlon, Desides, tho Coustitution as nthoinded by tlie introduotion of the nrticlo concorning warchousos In no wiso contomplated or authoklzed tho nssertion of tho power of suppresuion, 2 But thoro Iy enothor view, in which it {s clenr T LEGIALATUNL TRANSCENDED ITH TOWER by this net. Whe Chicago Rivor, runmng west froni its connoetion with Lake Michigan about n quarler of o milo, and_ theu dividing into two brauohos, one North nnd the other South, ru ning through tho clty, forms tho port of Cliieago, The warchonso in Tmntltm, and probubly all othiora #t swhich this stalito was almed, aro sil- unted upon this port, aud cotstitulo the dircct and indisponsublo ncceskories to commerco in grain upon_tho Great Lukes, botwoon thut port and other Stutes. And the quostion arisos, Can thoso nccensorics to such commores bo suppross- ed by tho State Governmont? I'ho States havo cedod, by oxpress graut in the Fodoral Constitution, to tho Governmont {hore- by organized, tho power * to rogulate commerce with “foroign nations and snong the soveral States.” Tho power, thoroforo, to rogulato intor-Stalo commeren i8 gone from tho several Stntes, and vosled oxcluslvoly in Congresn, especinlly nltor is hne boott exercised by tho lat~ tor, Gibbons v, Ogden, 9 Wheat., 1; Steamboat Company v, Livingrelon, 3 Cow, lf..‘l 5 Thup~ lg_L”ll v Zhe People, 13 1ll., b b Lowdrd R., The power to rogulato commorce upon tho Groat Laken has lotg winco boon cxorcised by Uongrosg, If their grain-wrrohunsos bo in fact, a# donbtloss thoy aro, tho diross and fndisponzns Dblo aceesnorics to comimoreo in grain upan tho Inkes, and betweon tho port of Chlcmio and ports in othor States, will it bo uaid that this Stato ean exort n power over them wloso very nature is that of Auppression,—of destruction - CAN TIE BTATE, by lior leglslativo nlllhuklti’. suppross ol com- morea on grain upon tho lakes between Chicago and the Enstern States, whon not necossary to tho presorvation of tho morals, health, or sufoty of the community? If uot, thon how ean it ro- stratn und destroy tho vory moshs by which along that commorge may be' earricd on with the conveniencos kuitablo to the activity ot tho ngo ? ‘Thin power in Congrosa to regulato commerco umong tho soveral Stulcs f contuined in Lho amo grant ns thab to regulato it with foreign nations, and iy placod upon idontieally the samo footing. Now, supporo the Leginlatura of Now York should pais au ace liko this, desigued and _ direcled . against all warohouses in the City of Now York engaged In 'recoiv~ Ing, storing, and dischnrging all commoditica, whether fmports or oxports, brought within the channols of gakd commerce. I'lieso warchouscs, it must bo concedad, aro ns divectly employed 1 that commérco, and s indisponenblo to’ it, nu tho vessols unon which 1t is Lorno from port - to port. Tha net, 1t will bo percelyed, oporatos di- rectly upon tho outiro business of twarahoiso- meén. ‘The compouont parts of that business are various (rannectious in “which the carriér and tho morchahts ohgaged ' such conmtterco, ns woll an tha warchousotnen, aro directly interest- od, 8o far, thorofore, as It oporates ipon tho business, it must upon ‘all these various trany- actious forming its componont party, rud it pro- seriboes 1itloks by which they must bo governed or ceago nitogotiibr, 'Chis could bo nothing more nor less thani AN APTEMPT TO RIOULATE FONEIGN OOMMENCE, oy o divect exorcire of #uch power withott rof- erenco to any police-power, The acl was not noeossnry m(hua)reucr\‘nliou of the health, the morals, or tho safoty of the communlty, which aro tho truo pirposcs of thoe polico-power; but its purposo was to compet the warohousomen to conduct thoir business upon s componsation preseribed by tho State. Aswns sald Ly Mr. Justice MeLean, in 8 Howard, 592: ** Undor tho protensa of n polico-regnlation, o Stato cnnnot counteract the commercinl powwel of Conpresn.” 1t :'s‘ublu:s to ma tho cases ara parallel and tho act void. §COTT, J, I do not concur tu tho reasoning or conclusion reached by the majority of the Court. A — PROBABLE MURDER, Theodors Zander Shoots Charles Bonson in the Groin, The Assailant Drunk at {hs Time Ic Committed tho Act. About Ialf-past 3 o'clock yesterdny aftarnoon, & serious and probably fatal shooling affray oc- carred in front of the snloon of Oloff Isnacson, at No. 252 Divigion streot, in whith a man named Charles Lonson was seriously, 1f nob fatally, wounded by I'heodoro Zandor. 'Pho eircumatances which Jod to this probabla net of murder aro as follows, as near s can bo nacortnined : It seoms that tlio prisonor had pro- cured some commodity, and, upon ils delivery sud poyment, ho with lis doaler adjourned to tho waloon of Ihaacson to pebadiink, Aftor tho rofreshmonts had boon disposed of, Zauder ullegos that Lio recognized in Bonson a persou who Laidl some timo ago broken windows in hishouse. It does not appoar that gucly was the case, but ho charged Lim with the offonse, and; beivg in liquor, tho fupposition is that lo did so with somo asperity. One word led to auother, end a wordy plter- cotion onsuod botwoon thom, until imally gomo omo Iu tho crawd etrnek Zendor n violeht blow across tho head pud folled him to tho floor. Ho picked blimsoll up aud, without waiting to oncounter his nutag- onisita or receivo furthor punishment, rushed to tho busoment of Lis dwalling adjoining nnd pro- cured o shotgun, tho wenpon with which the wounds were 1flistod. When ho reappearod on the scono, ho was warnod not to get into trouble, and an offort was made, unavailingly, to xostrain him, 3addened Ly liquor or passion, or both, Tio oyed tho group tor un wstant, and, soleoting his vietim, sighted tho gun, und fived, 'Pho fivst shot pussod harmloessly over his object, aud tho shot flattened against tho ‘wall ou tha opposita sida of tho ntreet. Stung to rugo, and burning with disappointinont ut tho rosuls’ of bis murderous attompt, ho raised the gun ones more und lodged thacontenty of the second barrol intho groin and stomach of Denson. When the doad was dons, tho act committed that may result in ndding to tho long list of murders thu city hay witnessed, the bystunders, who dur- e 1 daaigor hud, roiunfuod fuactivo, gruvpled ““.'h tho asupilant and hold bim uutil * ho was committed to tho ¢hargo of ofivors attractod to tho scono by the reports, Zander was immedintely tuken totho Eloventh Preciuct Station, and oven there, under tho ospionnge of the law oflicors, with dofisnt Lrayado, shouted forth that ho was tho man who did the shoot- fug, : Ho i1 o paintor by trado, and omo years ago possensed 1 growing Lusinosy, and was in recoipt of a romunorative incomoe. But tho love of liquor causod him to negleet lis Lrade, o losi of patronugo followed, nud he to-dny awalts tho action of u Grumd Jury on u chargo of folony, likely fthnt of murdor, Bengon was picked up ont of the strest nnd ear- rlod into the saloon No. 252 Division streot, Iiis wounds woro attendoll to with such care as tho rido convenieneos of tho pincs affordedl, after which lie was eonveyed to the Alosinn Lospital, on Franklin streot, aud Dr, axtor cullod in to dress Lis injurios, Ilis wounds ‘wro of such n naturo that his rocovery Is regardoed ag fmpossi- Dblo, though tholdil of _tho physicinn muy cire him, Ifo is n Bwedo, about 417 yoars of nEn. W snilor, and Doards st No, 26 Divislon streot, “I'ho acensod will bo oxamined before Kaufmann iy morning, and held over. Oplusme " "hoio who uso opium will bo griovod to learn thal thore is o prospeet ol n great senrcity of that subtlo deng, The failure of the ecrop in Bongal Iy lmglnv_lluf: to have Iis offcot upon tho markot, Lhe yiold wns as good as usnal, but the grontor portion of it, owing to tho famine, has huuu ponnitted to go to wansto, Almost tho on- tira production of opium of that section is oon- stmed thore, nud, of courso, tho Colo-tinly will abblo up ol tho nurcotio they oan luy thelr andu to. 'Ihoe fnot, too, that no opiwm’”is nl- lowod to ontor tho Uniled Biatos that doos not coutnin nt lonst 7 lmr cent of muryhm, with tho fact that the Bougal urtiolo will not stand such n tout, malkio it obvious that the "Turkivh article tho bosl, commorvially consldored, will be Tiold ab vory high ratos, THE COURTS. A Tangled Skein of Litigation. The Lightning Calentator Ias Deen Pirated, Buit Against W. F, Storey---nnmfigea Reoovored--Bankruptoy Items, A COMPLICATED LAND BUIT, Tho cano of Lovi I, Pago v, 8, I, MeCron, A, N. Watorman, and Gootgo W. Parks, now on hoaring before Tudgo Willinme, grows out of the colobrated Deck estite, and is o contost bobweon Inwyers nutl othors who originnlly commonced tlio procoedings on Lohalf of Margaret Pock to racovet hor {hterest ad widow ahd heir of Qeorgo Dacls, wlecensods “The, bill alloges” that 1 1863 tho complpinant, Lovi I, Pago, mado a contrnot with Margarot Peck to try to rocover for her hor Intorost in hor husband’s estato, and agrood to omploy tho uecossary attornoys, and to pay all oxponros and costs, aud was to havo onesthird of all tltat might bo recovored for Borvices, ote, Tago enuiployed ono Georgo W. Purks to nusiat Lim, and when the sgroomont wad redicod to wilting, Patks insertod bis namo in tho agrao- mant, claimitig that, ds ho was thia altornoy of record, it would npponr bobtor, and that he would Lold tho agrooment in trust for Pago. Parks also agreod, it 18 alloged, to omploy A, N. Watormnn to asslst bim, and to pay him ont of his own slaro, A Dill waa filed in tho Circuit Court under this ngreenment, to rccover tho Peck ontato, which was estimnted to Do wortl upwards of 31,000,000 ; but ho chso dragged nlong for n year and nolhing was dono, when, flnnlly, it ordor to raies tmoney to carry ou the suit, Parks and Pago sold one-half of their con- tract with Margarat to 8, I MeCres hnd R, B, Willintnson, and & uew contract, of power of attornoy was drawn, similar to tho first, ox- ot that Prodorick Sackobt’s name was inserted, .ho boing the attorney and Trustes, ro\:ranuntmg the McCren interost, and Georgo W. Parks’ name was insertod as bofore, s roprosonting his own and the Pago iuterest. In July, 1870, without a trinl Ll cnae wnscom- promincd, tho defendant, Olnronco C. Peck, lmylnt( 20,000 cush atid 82 neres of land on West Pwolfth stroet to sottle. Margerot took tho $20,000 a8 roprosenting hor two-thirds, nud Backott and Parks, on behalf of the partics they represented, took the 82 nore of land, a8 rep- rosonting tho ono-third that thoy wero onti- tled to, undor tho agrcement or powet of attor- noy for sorvicea. But tho litigation did not stop with this sottlomont of this suit. Beforo tho 82 nores were wholly divided, ono D. J. Pago, & dotective, nud Fayolte Lincoln filed n billngninst Li IL.'Pago, 8. 'II. McCrea, and all the other parties in iutorost, claiming that they woro parwiors of Lovi IL Pago, and ‘waro ontl. tled to o part of this land, Boforo thnt writ come on for trinl, Margarot as- cortalnod that tho 32 acros of land which sfio kiad givon for sorvicos, woro worth mnonrly 100,000, snd 5o sho 'fleg n cross-bill to ot aside lLior gottioment, Thin was flnally cnm\irumisnd by thoir paying Yor 8,000, £2,000 of which wont for altornoys' fees. In the division of the 42 acres about 4 ncres wero conveyed to Lovi I, Page, ond ho now cluims that by somb frandulont arrmngomont betwoon Parks, Watorman, aitd MeCren some 7 to 11 acros ‘of the 32, to which he i ctitltled, have been di- vided botwaon thomsolvey, and ho alleges that this land is Lield in brast for him, and this bill in flled to euforce that trast. o DMessrs. Eldridgo & Tourtellotto appesr ag solicitors for complainant, aud Mesars, Fullor & Sinith, Wilkiiwon, Sdckett & Blor, A. N. Water- man, Atillor, Williameon & Millet - a8 solicitors for defendants, THE LIGUTNING CALGULATON, About the middle of yosterdny sfternoon o Inwyer entered tho Clerk’s oftico of the United States Circuit Court, boaring what sesmed to ba s portion of a Sunday-school library, and also a pilo of manueeript, “The books and papors wore closply lound togother by saveral longtha of red tapo. Hnvilg depogited theso, together witha firannlmuk. wills the air of o man who hnd done in whole duty, ho retired. With tho curiosity which is supposed to Lo inhorent - in-+ gontlomon of = ihat clnss, o reporter stepped forward to inpect thoso documonts, Tho manuecripts proved to bo o bill in chancery filed by Warron 11, Badlor and IL D. Orton against John A, lnmn- lin, Lysauder B, Hamlin, and Will Starr Ham- lin. Orton snys that in April 1671, Lo brought forth & book which ho christenod * Orton's Lighttiing Caleulator and Accountant's As- sistdnt,' ‘Che Librarian of Congress was mado god-fathor und tho book's pedigreo transmitted to that gentlomm, in nccordanco with tho low in sich enso minde and provided, 'This little vol~ umo was gotten up 1ogardless of exponso con- toitlng sixtecy. original woodeuts, bearing o striking rescmblanco to some of Ilana Inlbon’s coarsor prdductions, ~and being about 125 pages 10mo. Soma time aftor, ho adnutted Sadler to share in the grent profits whicl it 15 al- loged woro derived from ihe publieation, A cloud came over the spirit of their dronm on the 26th of Janunry, 1878, when tho defendanis gave to tho public a similar work, called * Hamlin's Self-lustynctor.” This last work was bound in Linzing crimson, and prombsed to toach in lan- gungo mlz\rtud to tho lowest capacity the quick- est uotliod of using figures, Another edition was issued having four - cdditionnl pngos of in- dox, bub sunilar othorwise, Dub complainants allego that it is pirated from their * Caleulator,” aud that at leastdifty-fivo pages aro tranforred bodily “verbatim et Htoratim.” This thoy think is not tho squaro thing to do, and pray” thore- foro that tho Court may interveno and restrain the dofendanls fram isading nuy moro coples .of tho works, aud that thoir stereotypo plates may bo destroyed.’ VEIDICT TOR A DROKEN LIND, Soveral months ago an sceident ocemrred, nt the Bihier Block, it \thch thrae uien wero killed and othurs wounded, by tho falling of a senffold from the roof. Oue of the victims, Froderick 1, Cole, of BMontreal, sued the Union Foundry Works, who put up the scaffoldiug, to recover damages for his injurics, The case hng been on trldl before Judgo Blodgott for sovoral days past, Yesterdsy moming tho nrguments wera cons eluded, uud tho jury, after a briof absonce, ro- turnod a verdict for Cole, assessing hiy damngos at 32,500, JILL FOR BPEOIFIC PERFOMANCE. Thomad S, Dobbins, a8 ‘rustoe, filed o bill hgainst tho hairs of Henvy 0. Lovett in tho Clr- cuit Court, Complainaut statos that in January, 1872, Lovott mado n contract to soll him an tin- divided helf of tho8, W, f of Bec. 25, 40, 13, oscdpt a hotso ind barns, und s ton neres im- medintoly sutronnding 16, To bnlauco this, Dobbing was to be permittod to solect ton ncred out of tho remninder of Lovett’s share, The pricc was to bo 250 an ncre, It was mlso agreod, 08 pirt of tho considerntion, that tho Allantic & Dacifio Iailyoad Compnny, for whom Dobbivs was acting, should, within & year of the timo of mukiig tho contract, buikl o tracls on (ho ling, botwoen tho two halves of tho southweat quarter above montioned, and hiave trains run- ning tliorcon from Ohiengo to tho Desplainos Ttiver, and, alav, bulld » station-liouse on the Iand.* Dobbins atlegea that Lovett died before convoying tho property, that thero is womo doubt existing as to whom the stock should bo transforred to, whotlior to Mrs, Lovett, ns legn- tee, or to tho oxocutors, and it is necossavy to Lo the questlon deerded “by the Court, W, T, STOREY IN COURT. /| | Corn, 75(@200, 1A 4 Horon, Bmith & Mooors, ullmukrnri firm, who ane for the use of Josoph B, Wilde, their Ax- signeo, commencod two suits ngalnst Wilbur 17, Bloroy, oluiming 5,000 in eiol, Plalutiits avor that in Aprll, 1872, thoy 1ande two contracts with Htoru{y. one to furnish him with the necessnry henting apparatua for hiy bullding on tho coruer of Washington streot aud Fifth uvenue, and the other to firnish and wet up the roquisito bollers nud steam-pumps, tho price for tho twotabo 29,000, lle has pnid o part, but refusod to pay tho remaindor, T TUE ONENEY UASE wns sot for to-day, und will probably bo taken up it tho cado with which Judgo Willinwms {s g prosont accupled can bo concluded, DANKNULTOY TTEMS, Tho procecdings nsninet (tustay Mondelson wore orderod to be dfumissod unloss objeotions aro filod in five days, In tho mater ot Van Velzor & Fullor, Goorga W, Campboll was appointed Yrovisional Auigneo, with authority to tulo possession of wusots, and collact outstanding oluims, whon it cnn be dono without suit. ‘I'ho proccedings against Jacob Ovorholtzor wore ordered dlsmissod unloss objoctions are {iled in ton duys, W, 1L Murray was adjudged o bankrupt, by dofault, sud B warmnb jewned rolurnuble Mareh 4. ’ B SUPEIION COUNT IN RRIEF, Danlel Horigau, hy hin noxt friend, com- menead asnil ngainst tha City of Chieago, ln trospass, Inying damunges nt §10,000, Clatlotte Ketn entored up judgent by con- fennion ngninat John T, Kurth, 7 vi e, o Lowin Hante fo s g ik Holiwnge (uorgo Chandler, Roceivornf tho Tamar In« nuranca Compauy, began sait for 22,000 against Lonts Adama and Loon Schlonsmpn, Daniol Dngeho sued William Boyor for £1,000, dacob CGundinel and Tullis Drosol hogan wh nos ug}ul Tor 81,000 against Honry Motz wid Loulg o. Wil Koto B, T SOUT B nto B, IMaggerty wid husband, Aona M, Brown and husband, Bdward A, Mulford, n{‘:‘:l Georpro Gu Muiford commonced suil in ojoct- tmont for 85,000 ngninst: Augustus Sehwarz nnd Jamos R, Btanloy, Llillinder Bmith rocovored judgmont by cone Tenstont agnlust Simoon Mayo for 52,712,10, _ COUNTY counr, : A grant of admiuiutration on tho oatnto of Goorgo Tichtenborger way mnde to Charles Tachtenborgor under o boud for §60,000, whicl was ftled and approved, Lotiors of gunrdinnship wore issued to Paul Populorum on tho estalo of Louiso Populorn ot al,, undor a bund in tha s of §10,000, In the matior of Lills 1% M. and’ Jennio G, Docon, minors, n grant of unrdionship was issuod to Mary B. Bucon on u hond for 36,600, ettt Sl MARKETS RY TELEGRAPI, Forelgn Maricers. Livenroor, Teb, $—I1 0. m.—Flour, 235@20a 0d, Wiont- Inter, 128 4d@128 privg, 12u12a 7d3 ‘whie, 14 50Galua Uil cii, 148 DAEOLAA Gorn, s od @103, York, TUs, Tird, 455, Tlio receipts of whint for lant throo dayh, 43,000 qrs 3 3,000 qrs of whick ne Ao, LIVERPOOL, Fob, 3~3 p, m,— ! et . m—Tard, 438 94 ek LAVERPQOL, Fob, 3300 p, m,—] 5 et . m.—Broadatuffs firmer; TVENTOOL, Tob, §.—Cotto dull ; middling upland, 730 ; Orlenu, Bic. Haies, 10,000 Dalon ] G,000's mpeulatioin s oxport, 1,000, Buleo of e lands nothingf Lelow good ordiinry, shipped} Januaty and Fehruary, 7111667305 aliipped drarch and Aprll, 713-10 delfserablo February, T37c, deans atid falieica at Manchistor, dull and droopiug, ]Hruiib}lllll'll fl;m!l‘. 'rovisions—Cheese, 708, Lard, 458 M, Long cler middln, 40 63, Bhort cloar, 4180, 1icht nelangad. Loxpor, Tob, 36 p, m.—Amount of - binlllon withe drawn fromn (he Dank of England on balanco to-da; a £202,000. Conkola for mionoy, 831¢ ; for neconnt, uzr’r @Y2:5, United States securilica—n-208 of 5, 10837 3 do 4;: O'm,‘msv ; l‘r"—‘!a"’/.}“mi now b3, 1023, Now arle Qentral, 95, Erlo, 44355 do, preferced, G93g. Tams, Feb, '3, 4, 5l dsc, + PTCrOTEe B4 uted, New York Dry-Gooids DMarlet, NEW Yoni, Feb, 3,—Trado was almost paralyzod tos dny by tho heaviest suow-storm of the 8eason, ‘Che markot for cotton frlmlu waua firm but Minchanged, with smoderatodeman for atnndard alicetings, fing bfovng aud Dleathed alirtlogs, Worsted dress goods wors in Tair demand by country jobhiera, Irinta wero levs nce ive, fancy cassimere, worsted coatings, aud Jeaus, {1 netivo; forelgn goons' dall, 5 Pittnburis Ot Maricot, TPTRBURO, Feb, §,—Orude—Market much firmer ma :fl(\;l\lx’::(nu;ls‘l."mlkl. Ff"m holding for_fure ier advance. ' Nefined qulot 3 quoted bominall Id3ge ; March, 160; prime. 15,6 st Thoe Waool Trade. PIILADELLHIA, Fob, 3,—Wool and dull ; stock um‘rjc’n. Wil Saially nn:hxmno? Tlie Produco Marlots, NEW YORK, New Yonm, Feb. 8.—CortoN—Duil; land, 36%ic ‘ll(g;l;sn closed cary. Balgs, 20,500 Lnles. Februarsl44@1htie 3 March, 172,@17 10-520 ; Aprd I63@I5 H-30 1 My, 10 Tgtdize, oo s AUl Breapsrurrs-—Floitr, atrongly in biters? favor ; ros coipty, 9,000 brla; suportiuo Westorn and Btatc, £5.60 middling up- @0.10'; common to good oxtra, $0.5@0.60 3 oo o chiolee, §0.13@7.00 3 whita whent cx{gu, sb.o'&@;.an; oxtra Ohlo, $0.10@8.00 ; 8, Louls, $0.65@10,00, flour und coruemenal ‘nchanged, * Wiheat oponod highier ; closed quict, with tho adyanco It receipts, 184,000 b 3 No, 2 Clilegopring, $165G1.68; do AT S7@160: Towa and Minucsots spring, 003 No, L Milwaulice, $1.00@1.62 ; No. 3apring, L5, Rye quict, Barloy firm ; primo Cannua West in ntoro, £2.95, Mnlt quictand irm, Corn firra aud modorately active; recelpts, 94,000 bu; now tulxed Western, aflont, 833850 old do, S0@0}cs 10w Ryq yellow, B3@80c; whitesoe, Ondn n shado bot dull ;" rocclpts, 45,000 bu ; mixed Wostorn, & Slonng white, GI@C3MC. bl HAY AxD Hors—Unchanged, ES- IUD":J“I‘IE‘IH and nonfinal, Sugar dult, nd rleo quiet, ErRoLEuN—Untoltled ; crude, o refined, 1o, . TURPENTINE—48c, £aas—Flrmoer ; Cannda and Western, 17@3%, Tnovistons~—Park quiet: now_mess, 10,14, spot and_Fabruary ; $16.121@16,35 Marcl's exird DHmo, SI0.76 ; primo meas, $16,00, Beef and cut meats une changed, Middles ‘heavy: long clear, 8/@8 -liog sliort cloar, 8{c ; lonFnudshur; clear, 817¢, Maroh 8%40 Tebrunry, Lard heavy; primo ateim, 9 0-16e; c@n:‘l;l: 04@911-100 Fobrunry; 10 April; kettls, 977 ‘e, Borrer—Firm; Western, 25@030, Curesi—Firm at 03 @103 ¢e, Wiitsiz—$1.01. . 0SWEGO. & 08WEaD, Yob, 5,—~BREADATUFF&—TWhent quiet ; Noy 1 Mthwaukeo heid ot 3160, - Corn ateady at 80c, * Bars loy tirm§ Cauada Il at$1.10, VELAND, ~DBREADSTUFFS—Wheat stendy at 81, .| Curn Yery flrm ; old, 711@726 7 now, 67@G80, Oatd ateady No. 1, e, il 3 Pernoniux—Firm; in botter domand; unchanged prices, BALTIMORE, Bautione, Fob, Y, —LREADNTUFPS—Flour quict and unchnuged, Whoat quict and_steady 5 Wosiern spring, SLOUAL55; Ohlo and Indiana, $165G1 Cornfirimer s mized Wostern, 782796, Oats Al Westorn, f0@sio, Itye quiotat 916e, I'novistoxs—Lork siominal ot $16.00@16.60, Bulk shoulders, 6303 clear rib, Bigo: Jolbhit, @20 higher, Yncon steady ; shoulders, 73ic, huwe, 126130, Lard numinal, Burren—Unchangod, - WILWAUKER, MiLwAukee, Teb, S,—Duransrurrs—Flonr qnick and unclanged, Wheat dwll and unsettled $L03; No, 2, $L24Y casly, $1,20% March April. 'Oats firin ; No, 2, 413c, | Corn No, 4, G8e. Tyo scarce 'and, fheni No, 1, Tike, Barloy stoady; No, 2 pring, $1.85, PROVISIONS—Lork itvm dt 314,75 cash, Sweet-plekled hnng, 9@10%0, Bulk chonlders, looee, 62ge. Mid dles, packed, Sc. * Lard beld—kettie, D3ge ; steam, 9o, Tlous—Dresvod, 30,503 receipts, 3,000, o -Flottr, 6,000 brls 3 wlicat, 116,000 b, Bt Krlour, 4,000 bris; wheat, 22,000 bu, BT, LOUILH, B—~Corzoi—Steady ; ‘midaling, TiREADSTUFFS—Flour dull and unchanged. Whent— Spring, dull; No. 3, §1.25; wintor, iu goud demand for choico saniplo lotw, but inspections dull; No, 3 red, $1.48 nsked, SL4G bid, Corn quict and'fiemer ; No, 2, “Ge, enst track apot; G50 seller Aprll, Oata ligher at 48@47)g0 in elevator, Barlsy—DBuyers holde lig oft, Ityo wiuted at 850 ; Lield highor, tt Jobbing trado, Bulk meats qulet e, spot. Das cou tirm ; clear S3(@V3ge, pollor March, Lard firm at 9¢, up_country, buyer Mareh, Hoas—activy aud Lighor; shipping_grades, $5,008 5,903 packing, $5,40@5.70 7 extra, 1 o 5 CAerLE- Qllor§ Tesi, SLOUGLOD; datlves, §2.00i S1, Louw, Feb, 15, Z TOLEDO, ‘ToLEno, Fob, 3.—Buesnruses—Flour in fair dow mand aud frm, Wheat frm ; No, 2 white Walsly, $1.04; No. 3 do, $LO0: umber Michigan, SLAYG 1,493/, cash ; $L38)G March, Corn firm g high mized, GBigo Fobriary’s The My Thige Junos low milxed, 16V, 610§ nograde, uew, 6le, Outs sleady ; No, » e, Tioas—Dtessed, $0.90@7.00, QLOVED BEED—35,15, Recrrrs—Llour, uouo; wheat, 8,000 bt corn, 5,000 bu; oats, 3,000, hu, Sinestkirs—Flour, 1,000 brls; wheat, 5,000 bu; corn, 0,000 by ; oats, 3,000, MEMPHIS, ,—linganscurrs—Flone dull 9,60, Corn menl flen ot 3, :1“ quict aud weak 88500, Musteis, Teb, drouping nt §0, L4010 —liulkmicats quict and unchanged, Dylet nud steady s ordinary, 10@1te} good I lddiing, 1i@181, 01 Snids o; Alrlot, 165¢e, Lecoipts, 3,700 bales ; 25 balen 3 stock, 74,530 bules, CINOINNATI, Sivounsars, e, d.~Goilon qilel and wachanged at 15e, Breapsrusrs—Tlonr firm; falr demand, Wheat, $L48@L60, Corny.quict nt GO@01e, Oty Ktendy at 45 @bde, Nyo steady at 03GY5e, Durley firm, One—Unchanged, LuovisioNs—Lork quict at §15.80@15.95, Lardquiet and firm small kulen 3 n, §1-16c, gencrally held ut U'ge ;" kottle, malos, Oie, ' Llk moatu quict uhinds vasior ; sloulders, 0% cloar Tlb, 15, luoso olear, 837c, packed, Bacan quiet for shioulders Ty T30 ;' sides, 10 good domund clear rib, 87@00; . —Elem Hght, $5.75@5.90; hoavy, $5.90@0.15; recointn, 2,075 3 slipiments, 1,403, Wity —Stéady st de. LOUTSVILLE, Tousvintr, Fob, 1, —Cotron—-Quict, at 19, JugavsTUGs—Kour iruior supertiio, $1.737 exe ra, $3.50, Fotovamtons—tu fufe deniand and e, ork, §15.25 @150 ; Lul) ehoulders, 0o ; cloar rib, HL@8e; cleer, 83¢@8kc, Dacon—Bhonklers, TZ@T5a; clear rib, 8170 clony, ON@8Xo, Lnin, 13,@13e, Lard —ioree, U@01C, Faidsitvulot ut 0do, Hllge W ORLEANS, Yeob, 4. —Dneansrurrs—Corn activg e, To@TTo; yellow, THEALS, 3 hioce, 21,60, ardinary, 19 dllug, 15313 ehiputents, New ORLEANT, and firmer ; witl Gunvitmatst, AY—Quict ; pripe, $20,00 3 . TrovisioNs—Lork i demanid and nighier at 10,756 17,00, Dry salt meals nollve, searce, and firmor ot 63;@825@8v, Bagon eearce, active, sud firmer b 8 @O0y, Othora nnchangol, G E0s=Tn good demand ; snlee, 8,950 bales ; pricen Jower 5 oo ordiuiy to atrlol ood ordfiary: ey 193¢0 § low mitdlingd to strict low middiings, 14 ) ibi,0! middlings (o steict midditgs, 10310k =3 oo middluge, 170, Iply, 15U Dalens nd exporta § stock, 105,504 by 3 wnsold; 180,700 bales, Somehuy ol L1ACT wldut, ¢ dco; i sterling, $3.1 RN ) nrrnoIT, Dernoit, Fob, d—Uneatnrurra<Flour quiet and unchauged, Wheat firm ; oxtra, $1,60 3 No, 1, §1,575 @087 amber, $14TM@LAS, ' Corn' sleady; igh mixed, (e, Oals in good dommand at 4756, OLovsy BExD—$5,10.