Chicago Daily Tribune Newspaper, February 5, 1874, Page 2

2 e et . 33 T 1 E L L ACUTY SIT LIQUOR-SELI.ING. The Sunday Ordinance Sus- tained. ’fi‘he Supremo Court Fully Upholds 7 Mayor Medili’s Positions The Mayor Has Power to Re- voke a License. The Courioll, Under the Charter, Has Entire Power Over ihe Saloons. A Snloon-Keeper Acquires No Vested Rights by His License. \[he follow!ng 1a tho declsion recontly glvon by tho Supramo Court in tho caso of tho Oity of Ohicago v. Franz Scliwucbow, This porson kopt the saloon at the northenst corner of Madison and Union strects, and, though under the very oyes of tho police, refused to stop golling hquor Sunday whon Mayor Medill bogan tho enforce- mont of that obnoxions ordinanco. Ilo was fined two or throo times for violating t‘hu low, and his liconso was finaily rovoked. Dosiring to tost tho quostion of the power of tho Mayor to fo this, he kept on seiling, was arreated and fined thorofor, and, refusing to pay, wae sont to Jai, svhore Lo romained for the sake of the prin- ciplo involved until ho found that tho only wey to get out was by paying tho fine, and that it ald not pay nowadnya to act tho martyr's part. The opinion, which is written by Mr. Juatice Walker, is as follows : 1 THE OPINTON. This was a suit brought by the oity boloro Polico Mogistrato agaiust sppellant to recover a poualty for solling liquor without a license. Tho city racovored, and a fino of $100 was imposed ; tho eauso wae removed to tho Crimiual Court of Cook County by appeal ; a trial case bad in that Conrt, & jurfi bong waived, which resulted as it _.hiad botoro the Polico Magisirato, and from which this appeal is prosonted. 5 TILE LICENSE. . The facts are_not disputed, and aro, in sub- stance, that in July; 1873, appellant paid £52 to the city and obtained a licensa to koep & grocery or saloon and to soll intoxicating liquors until tho 1at of July, 1873, On tho 4th of Juno, 1878, the Mayor rovoked tho liconso.for the reason that appollant had been canvigtod of kooping open his grocery or saloon on Sunday, in violn- tion of an ordinnnce of the city. Aftor the re- vocation he kept open his grocery or saloon and gold liquor as usual during tho balance of the month of June, 1878, It furchor apposrs from thio licenso itsolf aud tho oity ordinances thot tho ower was reserved to the Mayor to revoke the icenso, | It contained this clause: ,. To be subject to such ordinances of tho sald City of Chicago now or hereaftor fu forco, and tho laws of the Stato {n rogard to the sale of wines und liquors, and to, Tovoeation at the will of tho Mayor, aud tho promisca slall not be open from 13 o'clock on Baturday night il 12 o'clock Binnday night, or on_sny day of elco tion, (No billlard tablo-or tables shall’bp kept on or abont the premisos without a license therefor from the Oity of Olitcago, whother in actun! use or not,) No vageant, o keepor of Louse of {ll-fume, nio prosiftute, 1o drunken or disorderly porson, shall ba allowed in or about the promisca, And after reciting varfous other prohibitions, it declares that 4 Novertholess, thias liconee, with all the rights under it, {8 subject to revocation at the discretion of the Aayor, and thia liconse, with all the Tights under it, ‘sball torminale, absolutoly, upon the notice of #aid res ‘vocation boing left at tho bar, and the person to whom 1t 18 fesued shall stand in tho samo position aa if 1o had not taken out any liconse, ORIDINANGE ANH OIARTER PROVISIONS. The city ordinance contains this proviaion Any lcense 80 granted may be revoked upon written motice by the Mayor whenover it shall appear to his patisfaction that the parly licensed shall hiavo violated Sny provislon of suy ordinance of the Common Coun~ il relating o epiritiious lquors, or any condition of tha band aforesald, Tho ordinauces in forco at the timo tho liconse was granted containod this provision : + If eny pers Jeop opon any tippling-tiouso on e Sy e gL OF hall Hoeis Opeh BBy VAF or place whera tu(oxlcnlln% driuks aro or may be kept, or shall nell or rofafl any intoxicating drinks on the /Sabbath dsy or night, . . . . Overy such person, ‘upon conviction, ahull be fined "in » sim not lssthan $10 nor moro thun $100, The ‘charter under which thoso ordinances were adopted contain these provisions giving power to the ity : To regulato the selling or giving away of sny ardent spirits by a0y shop-koepor, trader, grocer, to be drunk in any shiop, store, of grocary, out-house, yard, gar- den, or othcr placo within the city, T4 License, regulste, snd restraln tavern-keepers, grocors, and keopers of ordinaries and victusling es- tobliabments, or other houses or places for the selling or giving awuy wines and_other lquors, whether ar- - dent, vluons, or formented, TG suppress aud restrain digorderly honses, and gro~ carfos, and houses of dll-fame, and to anthorize tho destruction aud demolition of all instruments or do- vices used for the purpose of gaming, POWERS CONFERRED, . Thero are powers conferred upon the city which would seem to be ample to justify the ag- tion taken in this cuge. The power is given to regulate the selling or giving away sy ardent spirits, to liconse, regulato and rostrain taveru- keepers, grocors, and keopora of ordinaries and vinturding-houses, or other places from selliy or giving away such liquors, eto., _an o suppress or reatrain disordorly houses sull groceries, aud houses of ill-fumo. “The licouse was to keep a saloon or grocery, oud this latter torm has genorally hero bocn used by the Genoral Assembly to designato & placo where liquors ave retailed to be druuk, and that is the general monning applied to tho word, Hence, wo shall presumo that such was the meaning intonded to be attached to it in thuu%pmrlninus of tho charter, and especially o when we fail 10 seo to what elso it could be reasonably applied. MANNER OF EXERCISING THEM. It is, howovor, contondoed that, inasmuch as wheo the Legislature in granting powers to mu- nicipal bodies prescribes the munuer in which thay shall bo oxorcised, tho body must bo limited to that made, and ean adopt no other, And that tho Legisalature, having suthorized the city to oxarcise its power through ordinances, and to enforce thom by flue, that the rigat to exorcise Its powers by forfeiture caunot bo sustained, If the only means intended o be given by tho clty ot enforeing these powers is by _fne, then tho position of counaol is correct. ~ B 48 that tho only means given? Evidently not, as tho lun- guage is broader and more comprehonsive, It will hardly bo contended that to suppress cosries, the city would bo compelled to” grant censes, aud only ba allowed to fine the porson to whom granted for a violation of tho ordinauca rogulating tho salo of liquors. It might with the eame renson be insisted that the oity counld pot refuso o liconsa for such a purpose and take abond, a8 tho chartor authorized, conditioned that he should obsorvetho ordinances on the sub- jeot, and have no othor romedy than an “sotlon on the bond. All know thay this would nat bo suppreseion, To suppross must menn to provent pud not to license, or austain tho ac to bo sup- prossed. It would bo a confusion of terms to oy that » thing is suppressod when it is encour- agod and protocied, licoused and encournged. \suon the Leglalature couforred {hie power to suppress thoso grocerios whoro liquor was sold, or to regulate, Heeuso and restrain tho same, 1t. was o mattor purely discrotionary whathor or nob the city would wholly prohibit its snle or license and rogulnto the traflie. Without tho Common Couneil choose to do so, there is no power sliort of legislativo ennctmont that can compel the graut of authority to sell such liquors, - EFFEQTH OF HELLING LIQUOR. In tho interest of gaod government, of good morels, of good order, and the provuntion of crime, misory, want, and a thousand ills attond- ing Buch & traffio, the Logialature baa vested the ey suthoritios with thosoe salutary powers, and the oourts aro poworless to abrogate them. Wo prosume uo one would have the hardihood to contend that tho rotail sale of jntoxicating drinks does not tend in a large dogreo to de- moralize the community, ta foster vice, produce erime and beggary, want and misery ; and if such {4 the tondenocy it should unot have -unre- ptrainoa liconse to produco thosn rosults, If sanctioned ab alt 6 showld bo under restraints that will euppress, or at lesst mitigate, such ovils to socloty. From an_early period in civilization, In all pountrios, the uurestrioted salo of such drinke has heen regarded as pornicious. Hence, as it is belleved, in tho cole of lawa In every alvilized Biato, it has at oll times boon regulated and -put under rostraint, In this respeot it hes formed an exception to other legislative buei~ nees, and It {a bolioyed to bave resulted from humane feclingy aud to suppress immorality, vico, crimo, and dfsordor, and the ofhor misor- 1on thnb follow in ita trnih. _Thia roatraint i not tho poenliar growth of any partioular -political faith, or of muy creod or soct, but sooma to bo o deslre implanted inour usture to protect our rnco and kind from such ovils, ~ Aud it iw im- plantod in tho poltes powor of Btato, nud may be oxaolsed 08 the law-makor sball doom for the Dbost fntorosts of soclaty. Ita pernicious tonden- oy wonld fully authorizo its oxorcive ovon to its abeoluto prohitbition as au article of salo, And when tho Logislnture granted powor o suppross grocerics, thoy conforted powor on tho city ‘which they might oxorciso ovon to that extout. DIRONETION OF TItE GOUNCIL, The Leglalaturo thou having conforrod auoh wor, it wna for tho Common Oounel to do- E?nn(nn whothor thoy would wholly suppress thosnle of intoxicating liquors, or grant tho privilege on such torma and conditions as thioy might ochoose; and the power wns amplo under ~ this grant impose as o conditfon that= whon a liconso in granted, it shall bo 1isble to rovocation on the loglltlun of tho ordinnucos rognlating tho trafilo, or linving nbeolute coutrol ovor tho wholo sub- ?nnt‘ they may imposa auy othor condition calous atcd to protect community, presorvo order, and to suppross vico. Thoso restraints aro not like such as reatrict tho ordinary nvoentions of life which advanco human bnppiness, or trado and commerco that noither produces immortality, sufforiug, nor want. This businoss is_on prificiplo withfn tho polico powor of tho Stato, Aud {nstructions Mhich may rightfully be imoscd upon it might bo obnoxious a8 sa illogal reatraint of trade whon applicd to other pursuits. Tho olty then bnd aright to make it s condition that appol- lant’s grocery should bo closed on eloction days, on lhlul(aflvin dnys, fast days, holidays, Sun- Qnye, or othor doys, of might liavo imporod a8 & condition that appellant sliould close hin grocery ot o particular hour on ench ovening, and for n violation of any of thoso conditious, bnve pro- vided for a forfoituro of his liconse, Thoy had tho powor to insert, as thoy have dane, oach and all of the prohibitions contained in his liconse. And tho power grows out of tho fock that 1t waa disoretionary to prohibiz such salo of liquors or liconso it on such terms ag Lhoy might choose. TIQENGR TROPENLY RLVOKED, Tho olty had’ exorciued its power to grant lcanses on the terms imposed by thoordinances. Appoliant saw propor to spply for and obtain & ticonso o those torms, Lo liconso coutained tho condition that if he yviolated auy of tho ordi- nances, or disregarded tho restrictions imposed in tho Jlconso, 1t might bo ravolied, ovon at tho dicretion of tho Mayor. o rocoived tho hiconse on the condition that it might be rovolied if Lo should sell liquor on Sunday, and ho theroby rs- sentad to tho torms and conditions. 'The chartor authorized the imposition of the condition, and o violated it, and the license was properly re- voked, and ho was rightfully convicted for soll- Ing liquor aftor the rovocation, aa his power to do so then consed. NOT LIMITED TO ONE MODE. The suthority conforred to make, publish, or- dain, amend, and ropeal all ordinances and publioc rogulationa not contrary to tho Congtitution of the State, for the good order of the city and tho trade and comuwmerca thereof, a8 ‘may bo nocossery or expediont to carry into offeot the powers vested in tho Com- mon - Council, or any officor of the clty Ly this act, snd to enforcs obsoryauso of 'all rules, ordi- unncos, by-laws, and polico and_ other rogula- tions, mado in pursuance of tho chartor, by pon- alties not exceeding $100 for any offonso against tho same, doss not necessarily confino tha city alono to {hat mode, Tt doca nooe not deciaro that no other means shall bo adopted, and we liavo saen that, by tho police power conforred by tho portions of tho chartor proviously ro- ferred to, tho cily might have prohibited tho salo of such liquors entirely, and this would have ‘boen ono of tho means of imposing tho pollce power and promoting xgomi order in the eity. And, in anothor part of tho charter, the city is empowered to tako a bond and security before thoy sball grant a licouse, nnd yet that ia not ro- ferred to in this section and, like the power to suppross, it is in forco and may bo excrcised, VESTED RIGHTS. Much etress 1s placed on the suppored vested right to _the privilegoa conferrad by the liconse. IF, as wo have soen, the control of the sale of liquors is a polico regulation, then no one can obtain such & vested right in it a8 thas it mny not bo resumed wheon the interest of sovioty requive it. In the casos of the G.lonn & Ohicago Railrond v, Dill, 22 IIl, 204 ; Ohio & Mississippi Ralroad v. McClolland, 45 IIL 140 ; Galena & Chicago Uniou Railrond v. Appleby, 28 111, 263, thia quostion was discussod and it was intimated that tho Legislaturo could not so far divest itsolf of tho right to oxerclse tho snllca poywer, that {t could not resumo it whetlor elogated to individuala or to corporations, And it waa 8aid that we could never intond that the Legislature designad to do so unless it was Dy clear, explicit, and unmistakable langunge. 80 here wo cannot infor that the Logislaturo or tho eity intondod to uuconditionnlly” part with the poiver for the period for which the liconso was granted, Ahin bolug true, tho appollant took-this liconsa Bubjoct to bo controlled by the polico power. Wo ean nover hold " thnt & person can acquire an absolute vesiod right to suchliconse for any dofimite period bo- yond tho control of the police power of the Htato, THE CASES DO NOT ATPLY. ‘This then renders all of the cases but ong or two reforred to by counsel valuoloss a8 authority on this quostion.” Thoso cases, with one or two exceptions, hold that it is beyond the power of a munioipal corporation to doclrre & forfeitura of property which a party may lawfully hold as the enalty for the violation of an ordivance. To his doctrine wo yield our full approbation, but we concoive it doos not npl[;]y to tEo case at bar, Tho caso of the city of Hannibal v. Guyot, 18 Mo., 515, presonted a question widely differont from this. Thore tho dofondant had obtained a ltcenae under tho lawa of the Stato, and before the liconse had nx{)lml tho city pnassed an ordin- ance requiring nll persons solling liquor in the aity to obtain aliconuo, or bocomo linbla to a fiuo_ for solling without euch licenso, The de- fondant failed to comply with the ordinance, tho city sued for tho pennlty, and tho Court held that tho city had no power to abrogata his Stato liconse which, in the opinion, is called a vestod vight, DBut we approhend that ss full and amplo power was not givon tho city by that oharter to suppress griovances as is conceded by the charter in this caso. Agsin, o prosume tho Court did not intend toholdthat the right was vested boyond tho controlling power of tho State, but only as sgainet the city. The caso of Helte v. The Town of Columbis, G Rich, B., 0. 418, eopma to procoed upon the rounds that tho power to rc&;ulnzu and rostrain K%d not confor tho power to dostroy or suppress. And in this is the vital distinction botwaon tho two ohartors, Had tho chartor not in thia case expressly conforced the power to suppress gro- carioa & differout question would have boon pre- rontod. But opposed to those casos aro Det. Bonrd of Exciro v, Barrio, 8+ Now Yorl, 657 ; Oaldor v. Kerby,5 Grey, 657; and Stato v. Holmes, N. ., 245, wiich hold that such liconses nre 1ovocable, and that, in doing 80, no conatitution- al right is violated. 'But, sbove all, appellant, by azcopting and aoting under this license, consont= ed that wue Mayor might, fu his disoreuion, re- vake it, and, having agreed to it, ho now has no right 0 iusidt that it shall bo adjudged forfoitod by & jaicial tribunal, Ly somo process which does not ocour to us as appl cable to that ond. The judgment ot the Gourt bolow {3 altiymed, e e EXECUTION BY ELECTRICITY, To the Editor of The Chicago Tribuna: B : Among tho oditorinle in Friday's issuo’ of T TRiBUNE Wwas one in which tho demsand for the sbolition of hanging was uoticed ; sud, afler roading the accountof the sickening oceur- ronco at Martinez, Cal., in this morning's paper, I concluded to offer n plan to avoid such in the future, I bellove no physician will disputo the nssortion that hanging does not in many catos, it not in all, produco intense pain and {urmrn, lasting all fhio way from tho fraction of o kecond to au hour, or until the victhn loses conscions~ ness, Cortain it is that hl\l)iin[( I8 & most pb- Jectionable mode of punishmont, and ono which should bo dono away with at once. It has boon proved by experiment that the transmission of pain i8 at'the rate of about 280 foot por sccond while, according to Whontstono, the velooity o! oleotricity s 288,000 miles for tho enmo time. This beiug tho_ case, it would seom that death " cnusod by o stroke of olestricity must bo instan- tanocous and outirely painless.” Why nol 5410!"3 this mode? It can be douo easily and surely each timo, the criminal being his “own oxecu- tionor, All the apparatus required would be a fow large Loyden jars end a common clecirio muachine, After ovorything is arranged, tho prisoner is raquestod to touch a brass clectrade conneoted with the charged jars, and death, in- ptantant aud painloss, is tho rosult, I am, yours in the cnuea of HusaniTs. 0Ouoado, Yob, 3, 1674, g P A Long Beard. Thore fua gontloman in this townof the nama of Jones, ays the Lureka (Nov.) sentinel, whoso board {8 thros fect throo Inches long. Itisof splondidl growtb, almoat 8a soft and as fine as a ludy's b&r, and is really n curlosity in its way, Mr, Jones stands six feof and ono inch high, ou Ina beard, when allowod lte libort) ken him about the knoos, He seldom, Lowover, makos & display of it, Ho usunlly keops it braided and confined within hia shirt-bosom, go that persona faeoing him on tho streat would not drosm tha! his bentd Way of more than oxdinary lenuth, RAILROAD NEWS. Orgonizntion of the Ruilway Literary Association, 1 Purer Litorature Provided for Trav~ olers, The Free-Pass System---Illinois Railroad Associntioh. RAILWAY LITERATURE. Pooplo who bavo occaslon to travel on ratiroad traing have many discomforts and annoysnces to contond against, and thoso who have suy re- gard for decenoy and good morals are often shocked by boing offerad for enlo by tho nows- doalers on the traina immoral and obsoons pub- licatious, 'To bettor this stato of affairs, aud to provont the salo of such publications, an asso- ciation called the - .'YAMERIOAN RAILWAY LITERARY UNION" s boon formed and incorporatod, and o conati- tution and by-laws bave boen adopted, Tho proamble to thoir constitution sota forth that it 18 & fundamontal princlplo in tho orgaunization of tho Unlon to practically regard the law that “ Righteousncss oxalteth a nation.” Tlio para- mount authority of the Bible, the excsllonoo of the Christian roliglon, as lying at tho foundation of tho most prosporous and permancnt govern- ments, and entiro dependonee upon the bleasing of God for success in overy good work, aro rov- orontly acknowlodged as in harmony with tho broad &rlnelplua and dosigns of the organiza- tion. 'The railway and sleam-navigalion syatem of America afford 2 UNPARALELLED FAOILITIES for disgomianting knowledge aud wieclding in- flueuce by tho pross, and it 18 adopted as a prin- ciplo that thoy should ba dircetly, constantly, and fully employed for educationnl philanthropio, and beneflcont’ purposcs, in tho intollectual, moral, aud religious improvement of the pooplo. TILE CONSTITUTION, Art. 1 of tho Constitution statos that tho organization sball be called tho * Amorican Rail- way Literary Union,” and shall ‘ombraco the United States and British Amorican Provincos. Art. 2 sota forth tbab the objects of the “Union”. sball be to obtain, con- tinct or otherwise, the uso of railroad trains and stations, and other public conveyaunces, and all the faollities thorowith connacted, inclm!]nfi nows-roomns and othor means by which tha worl of tho Union may be rondered most successful, to circulato & suitablo sooular, moral, and ro- ligious literature among the traveling public and the publio genorally, embracing newspapors and standerd Mteraturo of npproved morals, and, whothor in periodical or book form, to be adapt- od in typagraphy aud illuateations to tho worlk of the Union; and:-to employ tho N(\;fluuo agoucy to executo and superintond the worl. y 5 : ORGANIZATION, o Art, 8 statos that the Union shall consist of, first, o Bonrd of sevon Directors in ench of tho gix districts into which the territory cmbraced by it is divided, nnd o contral, composed of ‘two mombors, nppointed by oach of the District Bonrds, - ol Art, G says the wishes of each railway or steam- boat comnpany, which adopts the plany and prin- ciples of tho Union, shall be consulted and car- ried out as far a8 possiblo, NO MONOTOLY. Art. 7 contains o proviso that the Union shall not become or establieh & monopoly, its only aim being to securo tho circulation of 4 literature which shall boneflt all olasses and injure_noue, and to roform and rogulate, in & just and bone- ficial manner, the nows business us conuacted with the public thoroughfares and nawsrooms. All newsdealers who will adopt aud adhere strictly to tho principles and 1cgulations of the Union shall be oqually entitled to patronage. . SIONS AND BADGES. All depots of tho Union shall exhibit o con- spicuous sign, American Litorary Union News Dopat,” and all news agonts shall weai o badgo, ‘¢ American Raloway Literary Nows Agent.” And these shall be rogarded as trade-mavks of tho Union. TERBITODIAL DIVISIONS. . Tho Union bou divided the territory for their operations into six districts, as follows: No.1, Tnstorn Distriot, ombraciug tho six New En- gland Btatos, with hendquarters at Boston No. 2, Middlo District, ombracing the States of Now Yarlk, Now Jorsoy, Dojawaro, and Pennsylvania and the Dominion of Caunda, with headquartora at Philadelphin and New York; No. 3, Woatern Diatriot, ombraciug nll_west of Panneylvanis, and north of - the Ohio: River and north liuo of Missourl, with headquartors at Chi- cngo; No. 4, Atlantic District, embrac- wg sl south of Delaware and Penusyl- vanin, and onst of Kontucky, Tennessoo, aud Alabama, with hordquarters at Baltimore nud Tichmond; No. 6, Mississippt District, om- bracing all sotith of Obio River and mnorth line of Mirsouri, and most of east lino of Kentucky, Tonnesseo, nnd_Alzbama, with bendquarters at 8t. Louis, and No. 6, Pacific Distriot, embracing all West of Rocky Mountsins, with headquar- ters at San Fraocisco; with a Board of Direc- tors and a Superintendont for each, ncting un- dor proper commisaion aud instructions. THEIR PUDLICATIONS, : The Union also publishes the following out- ling of publicationa which thoy will allow to bo sold or circulsted on thoroughfares and at nows- leupols. and by news-ngonts conuected with iem. Dally papors, rallway guides; all Billes, and paris tlioreof ; the issues of ull respectablo publishing houses (escrsihg tho right to rojoct such as aro. not sultable, in mattor or atyle, for {his traflic); nud such weokiy and othor poriodicals as aro not immoral or yulgar; the cbject of the Unfon being to rccuro the clrculation of an clevatdd literature, and to avold snd discourage the salo of all sensational novels and talos, or othor Is- #itcs of the pross which promote vico aud vulgurity, ond to discountonsuce alf‘lndecnnuy, and all rocitels of crimne, and of the horrible aud wicked generally, whetl- or reports of trials, pretonded news, or otherwlse; aud to contend practically, uudor the motto, © Knowl odgo ana Virtus, for tho truth thist * Righteousnesa exaltoth a natfon,” and to nid in fulflling tho prophe~ cy, Bany shall run to and fro, and kuowledge shall* De jncreased,” i FREE PASSES, The failure of tho attempt to abolish commis- slons on ticket sales and the proposition to establish & Railway Oloaring-House will surprise thoso who believed the schiomos commeonded thomeelves to the mutual intercsts of tho com- panies. Those inside the railway circlo aro nok surpricod at tho result. They kuow vory woil that tho companies have no confidonce in ono another, Bemdes, any proposition, no matter how dosorving; must bo eupporied by a power- ful namo in order to Insure attontion. The nes ngreomont illustratod this, President "anker, of the uhioufiu, Butlington & Quinocy Railroad, carried it through. It is, thorofore, unfortunate that his rond should bo the flrst to violate It. ~Mr. Walkor was Cbairman of tho lnst mooting, aud was tho most outspoken against the i#suo of any passes whatever, either to poor clergymon or olarity applicants. . Aud it was quito refreshing to hoar M. B. 8, Morull and Jolin 0. Gault confens,how nuchristiahliko thoy felt thoy lind noted in rofusidg suoh pusses, Bug they were compellod to BTIFLE THEIR EMOTIONS, and it 'was unanimously agroed thatno one should bs pussed axcnft omployes and holdors of oxabango tiokots. T'ho Milwaukeo & 8¢, Paul, Chicago & Northwostern, Illinois Contral, Rook Telnd, and Ohicago & Alton Companies lavo striotly adhered to the regulations, Somoof thair oflicers have, out of thoir own pockets, paid tho fares of doserving. charity apphoauts, whom thoy could not turn away. Binco it was the espress understanding that, if apy com- ]umy found it could not .mbide’, siriot y by tho rulos adopted, it would call » mooting of the participating railroads, tha action of tho Burlington Road is quite inos?hon- blo, Tho Milwaukee & 8¢, Paul and the Ohicago & Northwertorn aro Jikely to be rolleved from all misgivings on this account. Two bills have alrondy been introduced In the Wisconsin Logis« Inture forbidding railway companies passing any bus thoir vwn omployes, and ond mensure on- courages splos by making the companios refund oll monoys patd “for fare by an individual for throe months provious if he doteots auy oue passing froo ovor tho asmo road, ILLINOIS RAILWAY ASHOCIATION. Another schomo- likoly to fail for want of co- operation is the proposition to forman ‘ Illi- nois Railway Association,” Itis originated by tho Chicago & Alton_managoment, and resoum- Dblea their plan for o United Btatos Rallway As- rociation suggosted ono yoar ago. 1t fniled then, and has fittle moro promiae of successnow, Tho objection Is toastiited-written constitucion, which gives the Association tho appoarance of a combination to reslst every threaten- od reform, The provailing ~ opinion s that tho railways bave common interosta which prompt unity of action indepond- ont of (nding * sgroemonts, Hoaldes, the oxporiments of thio Amercan aud Weat- orn {Railway Assoclations have hithorto not boon such aa to encourage further movoments in that diwoction, Their practical beneflt to the large companiea {4 not remarkable, They afford ' that ‘eapltal opportunities for pastionlar attornoys and Beorstarios, but osch company Lolds that its own officors’ aro most compotent, and lng loss confidonoo in any othors. —— .. . MISOELLANEOUS. & SITUATION OF TUE BT, PAUL & PACIFIO EXTENSION ¢ LINES, Spectal Dispateh to The Chicago Tribune, 81, PAvr, Minn,, Fob, 4—Tho Rallroad Com- mittoos in both Honaos were mn sosefon ull the nftornoon, hoating statoments and arguments from partios in intorost concorning the situation of tho 8t, Paul & Paciflo Extonston linos, with # viow to logislation for a renowal of the land- grants, and furthor time for bullding. Tho porties ropresonted, by attorneys or in person, wore Holland bondholders, Konnedy & Co., of Now York,2 Recetvor Farloy, tho original atock- holdors of tho Extension lines, and managing ofticors of tho Firat Division 8t Paul & Pacifi Company, and Agaent Oloso for tho bondholdora, The Committeo statod thst tho money would bo raisod to complota the linos ot an early day if tho rond and grant be put in their lmuaous[nn without ombarrassing conditions. It ls tlionght that sl difforonces may bo compromised, the ]ru\r‘tlun having too much invosted to permit for- aituro. 4 THE DES MOINES & FORT DODOE RATLTOAD PROJECT. Des MorxEs, In., Fob, 4.—Artioles of incorpo ration for tho Des Moinos & Fort Dodgo Ltail rond wore flled {n tho Recordor's office to-day. Theo principal place of business will bain Des Moluos, This is the northorn part of the Des Moines Valloy Railrond. AMUSEMENTS. M'VIORER'S. < Tt is useless to spoculate natothe causcs which have fed to tho cholco of the worat speci« mens of tho Frouch achool of dramatie’ com= poeition for reproduction upon tho American stage. Auguatin Daly is chiocfly responsi- ble for tho grest wrong dono aooloty by forcing thoso objectionable affairs upon the publio, and it i8 upon him, sa the champion of tho drama which obtrudes tho soros of so- olety upon the gaze of the world that manngers may cast tho roproach for the present stato of publle indifference to tho stago; it isto him tho guthors . of dosgorving plays owo tho comparativo indiffor- onco with which thoy have beon recocived. The coufidonco of thentre-goers has been tam- pored with by the Formosas,and Fernandes, and Coras of this pornicions school, and the public is naturally inclined to be' suspicious, snd very shy about patronizing anything that eavora of them, The disessed appotito which fattensupon suggostions of impurity has slready passed the stago at'which mero suggestion tiokles tho pal- ato ; it ncods something stronger, which it finda in the.low varicty businoss, Tho 3feroy Mer= ricks and Madeleine Morels woro compromiso charactors, and bLavo had” theirday. Tho taste which ~ rojected them boefore can- not bo expected to sccept thom now; that to which ‘they wero agreosble finds thom now fosipid. And, rs wo eaid, it is to Augustin Daly that they owe what little popularity thoy evor bad, Itwas he who gilded vice by present- ing vioious plays in sumptuous nutfinp: nud, lost in contomplation of .the- frame, the public forgot to atudy tho pieture. Br. Daly. bos only oue thing to claim as an offsot to the damage e has done the stage, sud that is Olarn Morria® ‘Alize, who had the musfortune to bo su inno- cent oroation amid guilty surroundings, furnish- ed Olara Mostis » atepping stoue to ciimb to her wosont_ponition. Gratotul to Alize for this oon, -~ Miss Morris overlooks the misorablo qunll:{‘ of hor surroundings, and forgeis that the debt of sudiences.to that character is not altogother as great as hor own. It is aimoat an infatuation with Olara Morris to adhero to arts that connot draw audionces. Blo iaa [eillingt notcoss, but How ia tho publio to .bo convinced of {his unless it soos her? And how ean sho expect tho publio to fluck to her whilo sho offers them only such dramas as 1t ehrinke from ? It is true that Ohicago is a littlo more scrupulous than other olties. upon this oint, and it is to her credit tuat ehe s: but Miss. Morris caunot complain of want of enthusissm when she remembors that Mr, Daly's ways are not nocessarily Obicago's choice. On the other hand, the public must Loar in mind that, whila ©* Alixo" Ia not by an moans free from thoso impurilios whicl aro the groundwork of the moretricious dramas, it ia not a8 bad a8 many others. It possesses, morcovor, merita ns” n play. It hus a olevor plot, which is neutly doveloped, and some woll-Uofined chaincters, and & moral which is_oxcoedingly corroct, und thbe light, amusing dialoguo ot the Frouch echool. Above and boyond ail these, it bas ot presont . Clora Morria in the title rolo, nud tbatis & strong recommeondation. 'Tho yart of —Alize is 1 evary vfy pathelic. Bao In & boing undor 8 curse, the result, not of puy misdoing of bhor. own, but the consequence of hor mother's sin. Bho is not sn isolated baing, but one too com- mon in this world, Bho posscsses & nature at once passionate and touder, which s too often the logacy loft by tho orrors of vparents. She has beon " roared with scrupulous cara by her faulty mather, whoso gole golace sho is amid’ the misfortunes consequent upou her crime, sud. has doveloped a morbid jealousy of that mother's affoction. This jeal- ousy is the key-note of her cheracter, aud pro- cipitates - the tragedy with ich tho pieco closes, Buch o charncter i8 mot without clements of beauty, and ap- penls strongly to tho sympatbios of tho nudience. Mlisa Mortis'. conception of it is ou- pacinlly po. Thoro is an air of resignation, wilent bittorness,—all the deoper for. being sub- dued, and the occusional glimpses of tho real 4 misery beneath her, calm extorior and plaoid demeanor aore: tho strongest points of ..the wholo play. It is upon —these that” Miss Morris has concettrated ler attention, bocause thoy possesa tho stropg- eat dramatio intorest. After all, Lowever, the charm of Miss Morris' acting is ite naturaluoss, Tie greatest dramatic points awnken our ad- miration; the ngid touchos and stereoscopic . presentation - of the character arc what charm ‘und gratify. It is booause she is natural, addcre- ates n character of which we. obtain o view, from overy point of observation, that she is the plensing nctress. Hor lungs may not bo as strong 8 Forrest's, nor hor geatures a8 graceful ag Hal- vini’s, nor hor voice n8 melodious as that of Alrs. Biddong, But by the exercise of hor own uniquo mothod she completes o chargctor whioh is not Clara Morris. And _if this is not “holding up the mirror as 1t wera to nature,” it is difficult to undorstand what is. It is this which hay mede her famous. Tho only thing wanting is, that she sbould hold up beforo us moro lavely charactora in this mold; that sho should devote her study and}her genius to como- thing we can gazo upon with & plenswre un- slloyed by impure suggestions. Lot her do this, and she hay Bofora hor a brillinnt future. Of her support we cannot speak in flattering tones. Mr, O'Neil ia not tho aotor that ho was a year ago, aud bia elocution is gotting woreo and Worse, rs. Allon is etagy, and dMiss Batcheldor amateurish and - ungraceful. land would doserve tho highest pralse for his versonation of tho Afarqufs de Cessering if ho could overcome tho nutural dofeots in his spoech. Ho ‘is improving in this reapost, and, if Lo ever succoods in banishing it, will. bo au_ oxcellopt -sctor. BMr, Norria ap- prociates -the part of tho Due do randal, but he hos eo inany manverlkms thnt one oannot but romember his personality. Mr. Piorce, always conscientious and oiten praiseworthy, s not ontitled to the highest com- -mendation. " In the interview with lus wifo, he forgets that the Count's absolute lack of emo- tion iy the subject of remark by the AMarquise, Mr, Hol- and the haid, koon-edged irony of his ro- marks i8 lost Dby rapidity of deliver end the iufusion of an an luui! ing into them, Apart from this, however, Mr. Piorce's scting was In vory favorable con- trnet with that of other playors in the cast. Mrs, Myors was quite equal to the Jight requiremonts of hor part, and left a pleasant improssion, “ Alixo " will be ropented this evening and for the reat of the weok. .1ho mounting of tho ploco desorvos notico, 88 also does {ho musieal programmo. HOOLEY'S THEATRE. As a matier of courss Hooley's was orowded yostorday afiernoon, when Sulvinl urpanrnd for the Iast time in Ohicago as Olhello, Tho sudience was very appraoiative, and ro- sponded to every effort of the groat aclor. We bhave wlroady noticod * Othello,”" and, as thore was no porceptible variation in tha performeance, 1t is neodless to do so again, The rogular dramatic company took pousession of tho house in the ovening. ‘'The Overland Route " atill reroains, with John Dillon as Afr, Lovibond, Noxt woek Lucille Western will play at Hooloy's. LEOTURE ON ABT, The visitors to Dubufo's %)rannun painting of tho ** Pradigsl Son,” at the Expositioa Buildlng, will havo thia evoning the doublo_trent of a loo- ture on art by A, J. Conant, of 8t, Louls, who will illustrate his subjeot by the painting, His roputation as an artist and & speakor is & antye that the publio will ke vary muoh enters ‘but ita'bitter emphasis was declared aftor a tained. ‘There will be no extrn chargoe to the [ looture. g TRE TENNEGSPANA, Thoro are thousands of peoplo in this clty to whom thore are no songa liko the old rongs, "Thoso lovera of old-fashioned musfo will 1ua- doubtedly go and hear the Tonncssenns. Thoro aro vnrY many out'ualantio devotees of musie, who will avail themselves of this oppotubity to study n olass of musio componod witliout vk, proaerved without any systom of musleal notae tion, and attributablo ta no kuown composors, Thoro is & host of habitunl concort-goora who will bo glnd to dencond from opornun‘imlahls to tho valos of hLumblo, unprotontious song, )\v|d thoy will go to hoar tho ‘Tonnessoans, Thero sre many pooplo who will il s roally onjoyable sacred concort, and those will go to Toar tho Tonnesseans, In Nashville, in_Louls- vll.lof in Omelonat!, Dayton, Rolimond, Indian- apolis,—wharever this Enpuinr band of slngers bLns gone,—it han ovoked smlilos, and tears, and rapturous applauss from pnckml housos; and, 1o doubt, in_our musio-loving oty it wil win & roator triumph than any it has already gained, 'ho Tenncssonns sing in Muslo 1iall fivo nights, commencing Fridny. 5 THE NOYA' MOME, ‘The Union Matinco at the Acadomy of Musle for the bonoflt of the '* Bovs’ Home " 44 LaSnllo stroot, will bo given Friday Fob. 13, The following oxcellent Lill {8 presentedt Qommonolng with the comedy, “The Little Mother,” charactera by Mr. Gardinor's Company to ba followed by tho comio drams *‘Marrie Danghtora and Young Husbands™ whioh is now given for tho firat time in Cliicago, charactors by the Hooley Comodly Compxmy' to conclude with tho soreaming Dilfon farce ¢ dnn\xy Gag" with John Dillon in the title rolo. 3 TIASTY CRITIOIEN, To the Edilor of The Chicano Tribune: Bin : Wo are not a onltivated peoplo, but wo aro sublimely pretontious. Wo strum upon the piano and eall oursolves musical ; rend the nows- papors and supposo oursolves litorary ; look at & fow {ylnl:urns and set up for connoissonrs ; visit tho theatra idly and deom oursslves conyorsant with tho drama. And, what is more, with this onsunl and superficial cultivation, wo consider ourselvos capable of pronouucing opinions upon un‘ toplc in tho domain of art and lolters, Weo dash headlong into & deoisivo udgment, in public or private, upon tho ook, tho singer, the nclor, tho paintor, for the momont undor notice, and aro uncon- sclous of the impertinenco. As for tho proprio- ty of withholding oxprossion until it ia fully en- 1 thznud, tha thought really disturbs the com- placency of the American nation, Even our profeasional oritics are lightly im- Eresuad with the obligation of fitting themaelven y atudy nnd discipline, for tho discharge of their ofico. Tho majority are much more anxious to malo o show of lmowludfiu and gain crodit for emartness, than to_ndmin for Justico ond instruct the public, Thoy vory faintl 10alizo that thoy aro in duty boun: to deliver deliberate and ° cautious verdiots; that it is bottor to givo nono ot all, than o wrong ono; and that whenever & decision is_rondored, it should bo douo in & gonorous apirit, Tho critic’d business js to discoyer truth and point it out to others; but hoe is too ofton obliviona of this great fact, and uses his oppor- tuulty to magnify his porsonal importance, to wound and Insult those at his meroy, and to mis- Iend hin rosdora by his hasty and Incompetont opiniona, : A signel instanco of thia indiscration was glvon during the provious visit of Balvini to our alty, Attor bis irst pertorumance, which was of Samson, th critio of & morning contomporary ceamo out with a profuse and scathing dennucia- tion. ‘‘Beastly " waa the violont opithet ropontedly hurled at tho play and the actor with so much veliemence that it finally roncted on the writer. Had this been o slow and enlm judgment - there would have buen more likelihood nf - ita jnatice, single ropresontation of a strange dramas by an unlquo actor, speaking in s foreign lnnginge. Thero was no harm dona to Salvini, His gonius and roputation will hold out againgt any number of similar attacks. But there was'a wiong done to the community by conveying an excited and distorted Iea of the art of 4 consummate ~aotor iu & magnifl+ent poraonation. This i8 o einglo instanca choson meroly for il- lustintion, buc exsmples are cunsinually ocour- ing to show how inadequataa feeling ics ustially have of tho necessity of being wiso and nlgo kind. It js Judierous and likowise sad to road 1n the daily pross of any city, the opposing judgments of the censora of arl and literature, Thoro {s nllowance to bo made for diversity of tastes, but not for antagoniems arising from rash and erude opinious, and especially more for consuro corelossly applied. “ Do as you would bn done by," is o law resting on all, but is aniuulnrly binding upon the oritic_whoso word & publishad brondeast, and carrics the weight of authority. * SUMNER’S “BATTLE-FLAG RE;SULUHON." To the Editor of The Chicago Iribune; ES Bin: Your artiole into-day’s TninoNE, entitled “The Sumner Rosolutions,” is one of the very fow correct roviows that have appeared in tho dally press of this country concorning the wn- just consuro passod by tho Massachusebts Legls- lature upon Senator Sumuer and his “ Battlo- Flog rosolntion” in the Bonate of the United States, Tho people of Massachuacits, who, aa it is rumorad, pride themselves not 6 littlo upon their suporior knowledgo and intellectual qualities genarally, have, by thoir ropreseutativos in their Logislature, and by their roprescntative nows- papers, committed and published oue of tho most abaurd and egregious blunders of tho age. Mr., Sumnor nover sought to obliterate from the Army Rogistor aud National records of the past the names, dates, otc,, of battles fought by ‘our armies in tho lato Tebolllon—robbing tho Distortau aud an inquiring posterity of- valuablo data and information’; and much loss did he ever Beck to disturb the inscrip- tions on tho tattored flags of the volun- toors,—the flags torn by .tho Bstorm of battle and stained with tho blood of those who baro thom, now preserved ns sacred relics by tho peoplo of tho States to whom they bolong. Mr. Sumner's proposal reforred simply to the omission ou tho Army Register of the future of all names of battles, eto,, and tho snme vmission on the tlags now in use Ly the regular army of the Unitod Btates. Inasmuch as the Army Register 18 issucd an- nually from tho War-Oftice of the Governmont, and 18 nothing mora than a directory or roster of afticera in the rogular army; aud inasmuch as our army is o sort of Natfonol police forco, a8 much {n the em%:}o)’ of tho Statos lately ro-ad- mitted into tho Union as in that of Mussachu- wotts or illinois, or of any Stato or Btates, the course takeu by Mr. Bumnor is eminontly just, wiso, and vxpediont; and tho Dassachusotts Legislature, in o rash and undignified consure of thelr grent statosmun, scom, 88 Blre. Partington might sy, to have made an awful fauz pas of themselves”; and tho soomer they romedy the ortor, tho botter. Winnraa 8, BRACKETT, Qu1o4go, Fob, 5, 1674, —_— Fire Department Matters. . Ald, Maloney, of Donyer Olty, having been nppoint- «od to purchaso a Babcock Eugino for the uso of sald clty, reported lis purchasn of 6 new atyloNo, 2 from tha Babcock Manufacturing Company, Tho City Council of Donver tkon offered the following resoli- thon ; “ Resolved, That the thenks of tho City Conneil of Denver nre lercby tendared to Mayor Colviu, Fires Barshal Bonner, Supt, of Police Iohn, und fhe Sus perintondent of the Babcock Manufacturing Compa- ny, for tlie courtesies, kindness, aud sssistunco they oxlended fo All. Mutoney whilo oo his recent trip to Chicago, commissionod to transsct businoss for tho elty.” Gt motton of Ald, Hartman, tho report was recelved, the contract approved, ahd resolution adopted, PRI B T 8 Converted to Judalsm. The Jowish Bynegogue in Augusts, Ga,, wns filled with speotators a fow days ago to witnass tho coromony of tho zeceptionof Miss Jounio Hall, of Greenville, B, 0., into the Jowish faith. The Charleston Chronicle says that for some time provious she lnd boou desirous to ombrace that faith, and hod beeu instructed in its doo- trine, At the appointed hour the ministor, Rov. M. L, Loviosobkn, doliverod o lecture, aftor which Miss Hall recited the ton commandmonts and the Jowish crood, und nttorward was oallod up to tho allar where she confessed hor faith and proclaimed_In the Hebrow language tho words * Honr, O Inraell ‘I'he Lovd is our Gad! The Lord is onol!” 'The minister thereupon avo hor the namo of Sarah Rehocea, and bleaued hor with tho priestly bonodiotton, which finishod tho coremony. After tho conclusion of the coromony sho was married, nccording to tho Jawish ritusl, to Ellis Lyous, Euq., of Augusta. ————— Movement by German Elousewiveds A lurge numbor of Iadics rocantly Lold a moot~ ing in Dresden,—and othor citios in Germany Jwve followed their example,—whorein tho housowivor plodgod their faith to ench other thut thoy would 1ot purchaso cortaiu marketablo artiolos at more than o Aixed price, 'They would not pay moro than 80 conts for & pound of but- tor, nor moro than 20 conta for a ponnd of boef~ stenk; and, having mado thesn resojutions, thoy advertieod for public propogals to furnish thoso and other artiolea at tho pricos fixed by thom. ‘Tho movemont {8 mlkh:f cousiderablo hoadway, and the fathiers of familiey are rejolving. T]:lE "CHICAGO 'DAILY. TRIBUNE: THURSDAY,. FEBRUARY 5, 1874, HORTICULTURE. Annual Meeting of iho Wisconsin Stato Norticultural Soclety, Onuse and Prevontion of the Winter~ Killing of Fruit Troes, The Question Disoussed by Prominent Fruit-Growers, &Snecial Dispatch to The Chicago Tribune, Mapigon, Wie, Tob, 8, 1874,—Tho Annual mooting of the Wisconain State Hortioultural Sacloty bogan this ovening in tho Agrioulturs Tooms of tho Capitol, ' U PRESIDENT'S ADDRERS, Tho avnual address of Prosident J. 8, Btick- ney, of Wauwatosa, was quite brief but charac- terized by uirong common eonse. It opens witha plonsantly. writtou roferenca to tha extravagant oxpootations sometimos. entortalned concorning the knowledge of horticulturists, Tha injuries to treos and plants by the winter of '72-'78, aro aclmowledged, as is the fact that thoso injurics destroyed many thoories as woll as trees, Tho valuo of the lesson was in its toaching us what {8 unflstod for our climato, Had wo bottor ro- membored the lossons of 1850, we should not bavo snffored lnst winter, Wheon tho Biberinng and other '‘iron-clads" died last winter, tho injury whs in the root, not in tho tops, and root- killing can bo controlled to alurge oxtent. Bovero wintera will como in futuro at intervals longer or shortor ; thoy will destroy thoso varie- tiou not entirely hardy, Our work is to look out ovory bardy sort; prodace mew verietios from good ; deviso ways and monns to provent root- killing, and thus turn apparent loss into gain. To deluy planting becauso of loss is unwise ; eno hyear's delsy puts off -tho supply of fruit o yoar, Failuro of large frnits givo greater importanco to amall fruits, many of which aro hardy, and thoso which are not can easily be protectod. Young pear-trecs in nurseries froquently suf- ferod legs than apple-troos, probably from bot- tor maturity of wood and doopor ety Deep 8oil is indicatod as bost for pears. Inatances suggost that shading bodies of pear-trees helps koop them thrifty and free from blight, Poar- growing can be made successful. Tho Kentish chorry has dono woll, and is vory valuable inithe for North, Thero is much and varied work for ugalltodo, - . : A RECREATION IN TIORTICULTURE, Hon, Ed Searing, State Superiutondent of Public Instruction, delivered an admirably- writton addross, in which he foroibly illustrated the points imporfactly presontod in the following brief outline : - ‘Tho natural world is full of beauty and in- struction that aro largoly unseen by common oyes, .bocause common eyes are uncultivated. It I8 both man's privilego and duty-to cultivate his faoultios so that ho may derive the utmost good from what is around bim. Country peoplo are too gonerally the slavea of work or of ignorauce, or of both, to approciate tho real or posaible glory about them, = Pro- fessiopnl or ‘buviness men in cities are also too deoply ongrossed in cares,-and- too scourely honimod tn by walls, to know the enjoymont of rural life, or to got more than hiasty glimpues of COUNLEY BCONGH, - . 'Po remedythis, 1, Farmernshould be llhnml‘l( educatod, 8o thot head-work moy diminish hand- work, and beauty and tasto go hand in hand with utility,~so that Apriculture aud Hoxticulture may Do scicuces, and not » moro series of uncor- tain and blundering exporimeuts,—so that a due amount of ennobhug reciestion may be mingled with more musculnr labor. 2, Professional and businoss men in the citica and largor towns should mora gonorally seck suburban residances; and should regard spacious and boautifal grouuds quite as important as spa- clous and beautiful houses nnd costly furnituro. They would find true recreation in Horticultaro, conducted upon any scalo their monns would allow. If desirabla that thip should not bo a mero oxpengivo luxury, it need not be, It might easily, with “the proper manage- ment, bo ‘made peouniarily & solf-sus- talning plensure. | With = from threa to six scres of ground, noar an; clt{ of half the sizo of Madison, it would not be difilcult to re- alizo svnually from the salo of fruit an amount sofileient to pay the salary of a pormanent gar- dener, and the interest on the cost of the lond,— and thus to have, free of oxpeues, & peronnial paradise of lawn, and trees, andAruit, and Dealthful recreation. 3 Moseover, if educated professional and busi-. ness men wore thus to become more genorally amateur hortlculturists, not only would the sub- urbs of modern cities become in beaucy liko those of great anciont ones, but harticultare it- self would soon become & science. - - Tho address closed with o tributo to Mossrs. Bpaw, of Bt, Lous, and Woodward, of San Fran- cinco, for their goneroua offorts in popularizing hortieultura, Prof. Searing’s address was admirably road, and recelved with great favor, ns evineing not only ability as n writor, but practical familiarity with borticultural and sound views thereon, A paper by Willism Roby, of Milwaukeo, on Tloral Exhibitions was on the programme, but omittod becauso of his abseuce. Tho meoting is woll attonded by fruit-growers and gardoners from all parts of tho State, snd promites ta be very interesting. SECOND DAY. BECRETARY'S REPORT, MaprgoN, Fob, 4.~Tho Horticultural So- cioty met at_9 o'clock n. m, Tho re- port of .G. E. Morrow, of ‘Mudisou, Re: cording Scoretary, waa first in order. Ho re- viewed tho worl of the Bocioty during the past yoar, commending tho hortioultural exhibition at tho Stato Fair, and the plan of holding meotings for discussion during the fall fairs, Tho Ameri- can Pomological Bociety meeting at Chicago in Boptembor, 1875, was highly commended to tho Socioty, 'Tho present meoting was dosignod to give attontion to, all brauches of hortioulture, and not to fruit-growing alone. ‘I'he futnre sue- coss of the Bocioty dopended largely on its be- ing able to interest the uon-professional hortis cuiturists in it 5 oforring to the great injury done trees and vines by the wintor of '72-'73, fruit-growers worae cautioned against the oxtreme of discour- agoment and dospair, as they had gone to the oxtrome of enthusinsm. Thera is now danger of 1ejecting valuable varioties beeauso of injury in specinl casos. Injury in the nursery or to yory youug troes is not n sure proof of lack of hardiness, The fruit lists recommended should bo care- fully revised., These lists are not warranted to give matisfaction overywhero.. They only ox- press the conviction of tho Bociety that genor- ally tho varieties named mil do woll, In tho ‘{mmium lists wo should sverage excel- lence and valuablo variotics rathor than simply large oxhibits, . Who programme for this evening is as follows : Hortioufture at ¥airs, G.-J. Kellogg, Janes-- villo; Hints on Gnnlunin[é and Fruit Growing, J, M. Bmith, Groon Buy; Small Fruit Culture, P. 8. Bonuett, Apploton ; Grapo Culture by Am- atours, Gou. N. I, Lum\, Madison; Discussion of TFruit List; Eloction of Ofticers; Grapo Culture under Glasg, Josoph Pollard, Milwau- Loo; Ornamental Planting, T, 8. Lawreuce, Janosvilie ; Flowers for Country Homes, Mrs, D. Huatloy, Appleton; Adornment of Homes, Mra, H. M. Lowis, Madison; Geuoral Disous~ slon, REFORTH. The roport of Gooige A. Mason, Treasurer, showed n balance of 446 on hand. Raoports wera rocoived from varions Honti- cultural Societies in the Btate, showing good condition, J. M. Biith, of Greon Bay, and G. J, Kellogg, of Jauesvitle, roported from the Committes on Obsorvation ns to the effects of the past season on trood, showing gront injury. HONORARY MEMBERS. The Hon, W. 0. Flagg, Socreturyof the Amori- oan Pomologien! Socioty ; John 8, Harris and P, A. Jowoll, delegates from the Mipnesotn Btate Morticultural Society ; and L. Woodward, of tho Northorn 1llinois Hoxticultural Socioty, were oleotod Lionorary mombers. VARIOUN STEEQRES, Mr, Harrls extonded the grooting of his eool- oty ; spoko of (hulf,'mut lossos du Blinnesota but they woro not discouraged, Mr, Flagg, Soorainry, wrigod the importance of the appro tohing meeting lu Chioago in 1876, and of liaving o large oxhibition of fruts there from tho North vost. Proslont Whitford, of Millon Colloge, road au eluburate and cn\'crulfy-pm pared pAPOr 01 MA~ nuros, espocially top-dressing, but of which no valuable abstract can bo given in briof epaco. TOP-DRESS! - answer was filed by the Baving - ano, stato that up to Fab. ING. At tho conolusion of this address there ‘vua L3 Joug and interesting digoussion, partioipated in by W Weallor, T, M. 8mith, I., Woodward, of Ditnofs B, Wileox, Vice-Prosldont Tatile, F, 1V, Bonsonit and othors, on tho question of top-uressing fruit trocs and causcs of Injurlos, with a pres [mndumncu of testimony in favor of havin T 008 in grasa rathor than b cultls vated ‘ground, and in favor of " crab socdling “roate - for stooks, most of the troos helug kliled In tho roots tather than in the tops, Moat Injurloa.woro on sandy soil. Sandy and E(rzwuly soil wore unlit for the production of henlthy troes and good fruit, The gonoral oxe porienco was that high soll wis tho boat without rogard to varioty of troos. Tho soil was tha main cause of iho trees t}{lug. Homo thought mulching was » groat honoflt Lo treos, and ashes wero recommonded a8 8 good substance, Alsa plastor and rofuso aalta. COMMITTERS ATPOINTED, ghn lsoll!:}vlng ‘::logx:nom; m);u ]gp]rlmlntud 2 n Promium List eorge J, Kollogg, Jamot Draiword, J. W, Parls, i i n Confer with Agrionltural Socloty—0. H, Gronnnrfimn, ?m&ml ml'mltlnrlll.b—n Olds, 7 n Examiuation of ¥ -E, H. Bonton, P, A. Jowott, L, Woodard, 2 OTHER PAPERA READ. In tho nftornoon A.G. Tuttle, n successful fruit-grower of Baraboo, read n paper giving a moro orpuful viow thian Bome othors of tha prose nnct: of fruit-growing sond horticulture in Wis< consin, 4 H. M. ThomBann read a c-umnflmmpum p?pur '!on vogotablo phiyschiology and tho vitality of sooda, ' A half-dozon papers, and nearly sll the dige cussions woro concorning tho culturo of the apple, and tho injury to frwt and fruic troos, ' which, it was roported, dostroyed a large part of tho nursery stock, and many of tho orebard treos of tho Biato, Much divorsity of views was dovelopod, inovitablo from the lzck of full Informntion, "Thoro was more testimony in favor of tho bellof that this injury was largoly owing to the sovere winter, following a long con= tinued drouth and othor causcs, wonkening the troes, and doing thom much injury. THE TURF, Meoting in New York of tho National Trotting Associntion--Organizations Represonted. Spectal Dispatch to The Chieano Tribune, Nzew Yonx, Feb, 4.—~Tho annual meoting of the National Irotting Assoolation was bogun to- day'at tho Evorott Houso in thin oity, Tifty-two' aggociations wero ropresented in convention by, ono or more delegates. In tho sbsenco of Amoaa Spragne; Prosident of the Association,’ who was provented from attending by important, business, Cbarles W, Hutchinson, of Utios, N\’ Y., was appointed Ohairman of tho Convention, On motion of Onpt. Rynders, -~ THE OROANIZATION o A of the Convention and the examination of the credontials of dologatos haviug boen completed, tho following committaes wore appointed: ;. On Nomiuations—Alyron P. Bush, of Buffalo; Joseph M. Fronch, of ‘Detroit; E. J. Marsh, of Bpringfleld, Mass, ; B, Payson, of Oswego; E. 0. Barlor, of Detroit ; George J. Whitnoy, of Toohester, and George M. Revder, of Emmn,i Pa. \ On Rules—7. Vall, of Hartford; J. Ryrdors,!| of Middletown, N.Y.; E. Thorne, of Dutchess County, N. Y.; G. W. Oakley, ot Oakland,’ Cal.; l‘hmip Dator, of Flootwood Park; Abner Taylor, of Obloago; O. J. Hawlin, of Buffalo ; J. Todd, of Clovoland; Alden Goldsmith, of Goshen,'N. ¥.; G, M, Reoder. of Easton; and D. J. Robinsou, of Jackson, Mich. TR . On’tho motlon_of H, M. Whitchend, it waa rogolvod that the Prosidont of the Trainors’ and Drivera' Association, and the delegates appoint~ ed by that body, be invited to attond tho Cone 'yontion and take part in the deliberations of tho Committee on Rales and Rogalation. Tho Convention then adjourned till 10 o'clock to-morrow. Followingsro . . ASSO0IATIONS REPRESENTED 8 at the Convention : Little ‘Rocl, Ark.; Contral Tows, Cedar Rapids ; Belolt, Wis.; Burrio Park, ", Cavnda; Barrie, = Vt.; - Californin -Btatd ' Board, Sacramento ; Columbug, O.; Darbury,) Conn, ; Doxter Park, Chicago ; Detroit, Micly, 35 Earlville, I1l. ; East Baginaw, Mich, ; fiutern, H Dutcboas, N. ¥.: Erio, Pa. ; Elmirs, N. Y. 3, Faire fleld, Conn. ; Norwalk, Conn. ; Elmwood I’ark,‘ N. Y.; Egston, Pa.; Pittsburgh, Pa.; Gosben Park, N.Y.; Galosburg, Iil.; Hampden Park, | Springfleld, Hamil{on, Ont,; Hoory! County, Cambridge, Til.; Hartford, Conn.; Konal tnoky 'lrotting-Horse Broedors, Loxington; Mos' Donough County Agricultural, Macomb, Il g Marshalltown, Ia. ; m,{mn Tark, Boston ; Miokts an State Agricultural, Grand Rapids, Oleve~ aut) Club, Olilo ; Nashville, Tonn. ; Nafragansef Porls, Providonco, B. L.; Now Hatpshiro_Btate Agricultural, Manchester; Oswego, N. Y.j; Orange County Plessure Ground, Middletosn,: N. Y.; Prospect Park, L, I ; Pomnt Breoze Park, & . Philadolphia ; Rhoda Island Society, Providence, T.. L ; Rocklsnd County, N. Y.; City, Now Yorlk ] Syracuse, N. Y.; Bullivan County, Claramont, [ Hos Shawneo bounty. ‘Popeka, Kan. ; Squires® Park, ' Plaiuyillo, Conn.: Utics, N. ‘yilln\vul County Agricultural, Joliot, Ill.; Washington Park, Sandy. Hill, N. Y.: Worcoater, Maes.; Tocbiester, N. Y. Jackson Horse-Brooda Jaclson, Mich, e i TFINANCIAL. Afinirs of the Franklin Savings Fand, ot Phtladeiphin. PomApereniA, Pa., Feb, 4—In the United Statos Distriet Court this morning, Judgo Cad~ wallader presiding, Alexender R. Cuttor, counsel for the depositors and petitioning oreditors, stnted to His Honor that the Fravklin Bavings Fund, through their counsel, had notified him that an snswor was sworn to, and that the Soving, Fund dosired to bo now adjudicated bankrupts, or make an assignment for the bone~ fit of tho croditors, Aftor reading tlio proposed answor, the Judge snid whils tho paper admitted many of the allegations in Bir. Cutter's petition ond nfildavit for an injunction, yoi nnless am fund, in plain language, admitting thoir bankruptey, tho case must take the ordinery courso ;until neif Wednesday, the 11th inat., the time'fixed by the Oourt for hearing Cutter's caso. : BTATEMENT OF ASHETS,” Tho following allaged statomont of assots how been furnished tho Saving Funa ofcials s Balsnce taken from the books of tho ll:;x_;r:nk~ L lin Savings Fund Soclety, Jan. 31, Casbh.’. Exponsca Furniture and fixtures. L 148,147.00 PETTRTERGE 215,52 080,408.15 4,248,657 a8l eesnsanse . Tuvestmenis, bonds TFurnituro aud Oxtures + 990,872,351 + 930,432,79 Surplus of ssgets above Uabllitles,.. 84,409.62 ;. LIABILITIES, Toans made for the use of the Company....$148,147.00 | Amount due depoRilord,.evsssesssssressss 808,285.70 , Total... 050,482.99 . LUMBER, Encouraging ieports from the ¥Wige conutn Lumber IRogions. Specinl Dispatch to The Chieago Tridunt, Osnkosu, Wis,, Feb, 4.—~Tho lumber mnrkf;'; hins axporienced & decided nnprovement within tho past two wooks, and prices aro firmor than at suy timo within alx montha, Tho rotail trad hne boen better thau for sovoral dyualr;, end nufacturers are getting encouragod. Roports lf‘l“gl'n the 1:‘1‘1’1’1]:“ nnnmnl in thejvicinity of Bhaw- 1 l,!ég number nfdl 58 ut in was groater than at the correspondiny surmd Inat ygu, with a good prospect of & con- tianance for sovoral wooke, —_— CANAL MEETING. Correspanidence of The Chicago Tribune, TioRILwA, 1, Jan, 3l—In pursuange of o oall, n meotlng was held In Liskilwa, Jan, 81, 1874, for tho purposo of mumqrmusz Coangrous to conatruct a cunal from a point on (ho Ilinoia Rivor, at or noar Honuepin, to Rock Island, on ‘tho Missluslppl. J. 11, Moro was callod to the Chair, and J. Dow acted as Scoretary, After a bref and cone cio statomont by the Chsir of tho objact of the mooting, o _committoo of threo was geleoted to prepare potitions aud circulato the same, A com- wittes was ulso appointed to communicato with the Hon, J. B, IHowloy in. reference to tho matter ; also, to recoive and forward potitious to w. It was furthor ordored that a copy of the nros coodings of this mooting Lo sent to the Qhicage papers for publioation, R S 4 3, E, Dow, Neoretaryy