Chicago Daily Tribune Newspaper, December 15, 1874, Page 5

physiquo,” wheroas, sccordiog to Miss Firip, wrho ought to know somothing about it, shio wna not. Bays sho: “My father was Irish, my tather Philadolphian, and I wes boru In # Lonln,” ‘hisina littlo woreo than Lord Bruox's Tottor to Munnay, his publishor, ju whicli ho coms plaing that an edition of his posms had boen published **at Albany, nenr Washington, in Amotiea." — Mr, Bezenzr proachod Friday night npon the nubjeet of * Heavon," which ho thought was “somothing moroe than o mera place to escaps into from bolug burnod; more than a plsco of rofugo from tho inquictudos and disturbancos of this lite. That idoa ought scarcely to onter into our hoads,” 1t probably did not enter into Mr. gz:dcgr.n'n when hp *even wished that lo woro ond) PERSONAL, Gen, Tankn fa golng to looture on *Tho Duty of Success.” Algor's * Tifo o? Edwin Forrast " will bo roady In atx months, Don A, Pardes, nomiusted as Distrlob Judge of Louisiana, wos originally from Ohio, Victor Ilugo rocontly walked barchoaded ina funeral procossion a distanco of 5 milon, Tho Mormon Bishop, Jobn Bharp, bias beon seloctod & Diractor of tho Union Paolflc Raflrond. Tho Tichborno claimant {a srinking to » nar- oW compnas, and can move about {n an ordinary call. X Sonator Buckingham, of Connecticnt, is not slok, Ho has boon, but that is a thing of the past, + Dr. Underrood, the well-knovmn pool-soller, dlod at Baratoga yostorday from homorrhage of the lungs, Dr, Huntiogton, elooted Bishop of Towa, is o pative of Lowoll, and a graduate of Uarvayd of the olass of 69, 11, H, McCormick, 8peaker of the Pennsylvania Touso of Reprosentatives, ia stopping at tho Blorman Houso, Tho Davenport (Ta.) Gazelfe nays the Rov. Mr, Potter only wanted & complimentary olection to the Iown Bpiscopato. Tho Hou, C. A. Walker, wifo, and daughtor, have taken up quarters at BL. Carolina's Court Hotel for the wintor. Schuylor Colfax will locturo in Chicago oun the 12th of January, Carponter & Sheldon sro tho lucky ones who have ongagod bim. Gon. Longatreotis in vory bad health, His xight log is crippled by disease, nnd his suffer- ings have loft their marks upon Lis faco, ‘Whooping-cough still rages with fatal effect among infanta, Gon. T. Taylor, of Louisiana, died of it Inat weok as tho tendor age of 95, Powora’ bust of Whittier ia oxpacted in Boston by the end of tho month. Senator Bumnor was tho firat aubgoriber to tho fund for its exocu- tion, Noarly 40,000,000 of pooplo colobrated Thanks- piving-Dey, forgetful that the suppression of Irivato Dolzoll bad not boen anuoancod o~ cially, Wouldn't the King of the Sandwich Islands be glad to get 25,000 and dispeuse with the Gov- ernmont reception st an oxpense of $50,000 7— Boston Post. The Erapross of Russia was imprudent onongh to taka cold in Bugland, and then sent for Dr, Botkin, withont proper fear that Lo might ** hor quictus make." Prince Dismarck dees not invite Ultramontsno, Bocialists, or Polish mewbers of the German Parlinmont to his soircesany moro, o used to, —but they nover camo. Lord Deorby, whila suftering from a eavere atiack of gout, composed his famous traasiation vt Homer's Iliad. Now Disracli hesit, hocan hardly compogo himaolf, A Tho Rov, Talmago eaid the olbor day that the theatre wre tho vestibulo of h -1. Itien't strange, fliew, that vulger peoplo should wonder whers in k-1 Mies Noilson got so mauy diamonds, Dr. Poter Gousolun, of Toxas, aged 76, hag married six young girls in his day, aud has forly- sight childron still living, What a loss to tho Btnte it would have beeu hed Dr.Totor gono solua all his life, NMendclssobn's wedding march has boen per- tormed at Dorlin by the marrago of the great- great-grandson of tho grent grand composer ton bankor's doughter. Valuo of central chandolier xnd dowry vot siated, Mr. Skillings, of West Goroham, Mo., fired nto his own chicken-coop, a few nights ago, juat for fun. Ouae quict citizen hag since died ovor-weighted, while another trics to mako out tunt hie Lne had small-pox. James C. Dow, clectod to the Novads Legis- Iaturo by tho approving Democrats of that State, cannot hold ofilce, Io challenged Liout.-Gov. Douvor to fight o duel, and is theroforo dis- qualified. Dow's flat this time, o Tho President telegraphod Gen, Sherman, in- yiting him to come to Washington and sssist in the entortainment of King Knlakaua, Gen. Bhorman has accepted tho jnvitation, and repliod Juat ho would bo thoro on Wednesday morning. Gov, Dix ia sitting for n portrait which is to bo hung in the Council Chamber at Albavy. He iu misking his oyo wear that same storn, unrolonting sxprossion which is peculiar to it when hois wbout to deprive a suipo of Lis lifo, snd the tax- payers of Albany are delightod. In Detroit the 8, I\ T. P. 0. C. T. A. is not Bistinctly organized, though it works with great forco. Ono Wilkes bogan to pound his horses bocause they stuck in the miro, and wasobserved by two farmers, Whon ho recovered conscious- negs his fond of wood was buried in tho mud, snd B0 was ho. Yoahida Vuyonam, Japanese Ministor, arrived In this city yostordny on his way to Washington. Ho was sccompanied by bis wifo aud sorvants, Messra, Toshiro snd Asada, twq Japancso nobles, wore alse in tho party, During tho day thoy madoe their headquartors at Blinner's Hotol, and left again at 5:15 p.m, by the Pitte- burg & Fort Wayne Railroad, Tho clection of the Boston School Board oc- ours to-day. The Ropublicans havo soven ladies 1in nomination thin timo,—Miss Lucretia P, Hale, Miss Abby W. May, Mra. Kate Gannatt Wolls, Misa Lucratin Crooler, Misn Lucla A, Poabody, Ara, Mary J. Safford Blake, and Mra, Ednah D. Ohoney. Inthreo of the wards thoroianoap- position. A young couplo In Worcestor, Masa., gob mar- ried and ratired o their boarding-houso. Whon midnlght come, g0 did two ** peclers,” Who or- rested the pair, ewearing that the marringo cer- tificuto was & forgery. The * hoppy couple oot the night in adjoining colls, Now the polico ofiicors say It wan o mistakio, Married peoplo will avoid Worcenter till after tho honoy- moon. The bridegroom says such troatmont mora Irritating than one would think, Hopworth Dizon, when jn Johnsbury, Vt., rantod o * glarss of ale,” In ordor to oblain it , 30 bad to writo an order {0 tho Commissioner, . "atown ofticer appointod by law to soll poi- * 10n8," and tho sigunture want on record in the Dommizsiouor’s book. * Intoxicating drinks,” . e gaya, ‘ are clagsod a8 poldony, such ag laud inum and arsonio,"sand ¢ dolod out gt the dis- irotion of this ofickr, in small quantitios, very nuok ay doadly nightshade and nux vomios are loted out by a Loudon druggist.” MOTEL ARRIVALS, Grand Pacyle—C. G, Meibizle, Now Yorks 3, 31, Al! sheps, Baraboo; . Unr]mnlnr, Mllwaukeas W, 3 {Vflnun. Clevolund ; E, A1, Walbot, Lafayoite; I, O, Maynard,' Loguporl; O, L, Sholdon, Now'Yarks Litidaay Russell, Ottawa, Onte oo . Lalmer House =W, D), Unwilion, Newark; D, T, Joney, Ottawa ; J, D, Matkn, Philsdelphing H, Taylor, Lafaycite; Thowws Lough, Columbus; 3, 1, Bhollon, Dens B, & Wemott, Dubuques Issce Ve Holmus, Voint Ve 'J. B, Dunlop, = Feorls} B, T, aLbits, Now York, , . . Sheriian Houees 7.D; Emerson, Qreen itay ;' 0, O, Adamb, Tudfan- spolia § L, A, Iarpor, Bntald; 0, 3, K ogor, ¥oud du Lo} 3f, Autamoyar, Now York s Wililam 1, Green, Oatro; 1, Iiay, odlioctan; Jumes Edwards, Boston! Zyenont Houst—J. A, P, Glove, Covinglon i diauegolin§ I T, Dutn, Rew'York : 4, Jobn'Glatin, New'York ; J. W, itudotphlas Clarongu W, 31 Titkvz, $Llwauken j 3 THE COUNCIL., Prosident Dixon Announces the Standing Commit« tees, The Corporation Counsel Sends in an Opinion on the Fullerton Avenuo Sewers The COontract Prico Can Be In- oreased by a Two-thirds Vote. On the Subject of Back.Fill. ing He Is in Grave Doubt. The Judlciary‘(:ommifleo Opnosed to Hunting After Interest on Deposits. - ‘Wabash Avenue Street Rallway. Tho Common Council met last ovoning, Prosl- dont Dizon In the cbair. THE STANDING COMMITIERA. Tho first business wan tho aunouncemont of tho appointment of standiug committoes for the onsuing yenr, as follown: Finance—ileath, Quirk, I, B, Stonc, Lynch, Schaft~ ey, Ratlreads—0'Drien, Rickardson, Stout, White, 3lur- by, idiciary—Richardson, Campbell, Schafiner, Oul- lerton, Watermyn, Fire aud Water—Woodman, R, B, Slone, Ooey, Mahr, Caro, Scloots—Olovoland, Tynch, T. C. Clorke, Reldy, Aac Streeta and Allcys, South Division—Spslding, R. B, Btone, Warrod, Fitzgorald, Foley, Sommers, Strcets and Alleys, West Diciuion—Cinlorton, McDon- ald, Iadloy, Woodaihn, White, Waternan, Gampbell, Clovelam, Ryan, Streetadnd Atiens, North Diofsion—TLengacher, Cor- coran, Dickinson, Malit, Swecuo; Wharres and Iublie_ Grounds Clory, Murpby, It. Stone, Wharjbig Iisiteges—Battey, Guuderson, Reldy, Cor coran, Caey. Lozl Assesmmento—Fitzgorsld, Wooduman, Culler- ton, 0'Drien, Sweeney, Fridewcli—Compoll, McOlory, IHildroth, T. O, Clarke, Gundereon, Liicensce~—Qorcoran, Eckharit, Foloy, Molr, OBrien, Foltce—Tildrets, Stout, Mturply, eklardt, Rioh: ard Lights—Jonas, Hildroth, Quirk, Warren, D, e (; Clarke, Harber and_ Bridges—White, Lengacher, Spalding, Ryan, Gunderson, Printing—D, Clarke, Foloy, Dicltinson, Lengacher, atloy, .ltuil'tl)—filnub, Uoath, Quirk, Fitzgerald, AcDonsld, Public Luildings—Coey, Cloveland, McClory, ScbnfTuer, R. Blone, County Retitions—~FRoldy, D, Clarke, Somimors, Fek~ hardt, Jonus. Ald. Woodman atated that ho expected to be ab- sent from tho city for somo time, and auked to be excuved from sorving on ihe Committes on Firo and Water, Ald, Clar, of the Tanth, suggested that the Chair should take time to select some member that way exporioncod in the work of the Com- mittee. ‘I'ho Ohairman said he would confor with the remninderof tho Commitlen bofora making tho appoiotment. STAEET-CLEANING AND REPAIRS. A communication was recgived from tho Board of Public Works stating tuat the fuud ap- propriated for streow-cleaning aund re- paire was oxlinusted, and unless further appropriation wero made, the work would havo to bo stopped, Tho Board Lad economized in overy poseiblo way in tho hope of getting through with tho work this year, but (he streot- swoeplug contracl, amunnting to §6,000 por month fiurxug tho winter, had been terminated for lnck of funds, Tho entting down to 95,000 of the streot-claaning itens by the Council lase Juno bad loft tho Board wathout funds to earry on tho work, 'Cho mattor was referred to tho Committes on Finauce, A communication from Comptroller ITayes asking that the nawo of Depot placo bo chinuged to Aulor place, was reterred. FULLERTON AVENUF CONDUIT. A commubication was received from Judge Diokey, Corporation Counsol, embodyiug an apin- iou 23 Lo the legality of the proposed addition to the comrunsxmon of tho Fullercon avenuo cou- duit conlractors, as follows : Law DEPARTMI Crrr oF C1110G0, Dot To the Honorable the Commun Counctl @' eya's vren, Jones, Mo- Ez,"zm. ot By your resolutton of {ho 4th fuetant tho Counnel to tho Corporation §3 fustructed to furnish you lis oplu- foo in writing on certuin questiong relatiug to {Ls Fullerton avenuo contract, bulween tho elty and Georgo T, Norris & Co, 8 questionn thus submitted are moro conventently useed fn on order a littl ditforent from thot pted {n thoso reaolutions, ‘r1t—Xo legal objection ia found to the validity of said contract. Tho oplufon is therafore givon that' ¥ RAID CONTRACT 1§ LEGAL,” Second—* Wers azid Norrin & Co, untitlod o roly fn rogard to material on tha profilo furnished by the cily a8 & busig of their bid, 50 far ng tho coustruction of the contract 13 concerued?” 1t i3 not perceived that thers ean bo any scrions doult on {hat question. Tt nust bo nuswerad In the athirmative, with the qualifications herelnafter sinted : Dy the requirements of tho city charter, beforo ad- vertieing for proposals, * n vlan or profils of tho work to Lo du\\e’ sccompanied with spocitientions for doing the same," muat * bo ylaced on 1ile i tho ofiico of tho Board of Public Works," and must * at ell times bo open for publio Inspection,” and_every bidder is ro- quired to fila with ks Lid a boud that 1n cose tho con- tract be awarded to im bo' will oxeeuta tho work uo- cording to “ the plans and epecificntions,” ote, Ao~ cordinsgly plans and speciostions of thia work wero 8o Dled, and by tho ezpresa Jangaugo of tho coutract thesa plang and wpecitications ave ** made part of iz contruct,” (8co lino 27 of contract.) Amongy thoso plsus 18 olo Diyrked A, which s a pro- €ila of » longltudianl section of the proposed excuya- tion, vertically cut through the whola length of th worls, on 6 plano in the contro of tho propodcd excav. tion,’ That profilo purports to show thoe nature of the material to Lo excavatod, “Phe first clause of thoayecifications, under ths head # Fxenvution,” fa in the fallawing warda s 44 Tho uature of tho materisl to be excavatod, go far o9 fho same comid Do secertained from numorous Vorlugs made, I ghown by tho accomprnylng plau, marked 4, But the coutractor must take tho worlk l‘ D own risk, with regard to the pocullaritics of moll, ‘which may exiat at points otweent, or on tho sides of the Loringe.” By othor provisions, this troneh wun neurly 30 rect deep, 19 feet wido at the bottows, and of grester width nowrer th s face, Of course tho cost of fhe work anoudl largely upon the q\xl\ll; of the waterlal and tho dopth at wluch it iy found. ‘Who viek of caving (and consuquont lucrensod. cost) depends miich upon theso conditions, Tn the caso of Bawyur va, Tho City of Obicago, do- elded {n the Supreme Court ax part of tho buwiucss of Heptembur toria, 1872, tha Court nay: Tho profile exhibiting tho work to b done with Whatevar 14 repre« sentod ou it 1n & part of tho contract ituelf, and must be #0 construed,! “Who prosilo §n thia caso doos not purport to shaw the polnts whero the borings wera mude, nor how many burings ware made, By the ll!fillflg() of {he clause in ths specifications, tho undertakdng of (o cltyand tho risk of tho cons trsctor are buth eloarly defined, eapecially twehen read it contiection with an cxmminntion of the proftle, 1t i plofn that by that clause TILE CITY UNDELTAZES AND CONTRACTS with Noreis & Co., {hiot borlugs wiiciontly numerovs 10 ahow tbo eneral avercgo of the natura aud lucation of th:o inkterial 10 by excavatud with substantisl ac~ eurscy hud Leen nindo ; that sich boriogs wero mudo folthtully, wellully, zud with snitable instrumonts, aud tiaed i result wau coreectly shown on the protile. Tho city warranted the onbstantial ucolracy of ad ¥ the showiug o7 the protie in hiy rojard, But the fact s rocognized , that .in actual oxcavatlon pecullaritles — or “eccentricitics of tho goil, varylug from that' ‘shown upon thn profilo, both ty to nature and rolative depth, st Doints Letweon the borlnga, longitudinally or ot ths sitdoy, between tho borings and {he proposed walla of the teouch, might be encountercd which hatl not beon discovered by the boringd, aud wero llablo to be uu- dissovoped by thi barii thotigh foasokibly uunlce= ous, und doua with skili uud zecuracy, Al rlik &8 fo much local peculiarities or eccentrlciticn of sofl rest upon tho conteactors, £nd thiu {8 tha unly riak_thoy! assnme, Their tluk In this rogard iu exprogely défued and Hmitod by e terus of (his clasise, , With the sz- coption of this clatso, Shus ozproaiy dofiod aid L= ited, the contraclors wors entitled “to rely upon the profila aa to tho natura of tho mafetlal ta bo excavated, "riard—* Aza sald Notria & Co, under xcid contiact bouud te do THI BACK-FILLING over the areh of suid conduit 2" “Thin i £ question fae moro difonlt to determine— A oaa about whivh kftex » very thoreugh exuniiuation Latil zomain I yriat duult, Itls s guestion vory nlealy Lelanoed, and upon whiols cogont oY cuil bourged on boih alde: biu plagn that % wor contomplated by both of the contracting pastios that hin back-Aiig was 16 be dena by sotebody, [t sesinu nlso obviots that (by whom- ¥0OYOr §t wid to bo done) It waw coutemplatéd taat [t whould Lozo done, aud at vurh times s fn keep pca with tho progress of tha reat of titework, I'ho sarphin warth was to to removod oon ul possible eltor L complotion of each 1L0 yards {u langtli of the work, The surplus o2 malerisd not nveded fur back-(ling sud res BLOFNE Lo Atteor, count 10U Featllly DOukASK it st Uie backeAlling And drensiug up tho utroot Hna_beon done, Tnis seerus to indioata that the hack-fllling wos 10 ho done #8 soon an onch 100 yards of the work was dono, Again, tho coutruct ypiovidea for tha orcetion upon the manonry of the conduit proper siructired ealled * ma-linles,” nt tho Intenoctions of ercets mid clnewhore, und thio uppor et of tiieso * mnu-hoalcs” wero o ‘bg, whon dono, at tho surface of the ktrout, and that Uio Towor ouds iterscel tho conduit. 1t wonld icem that tho most ready way to fix the Lolght of tho top of tho man.holes” would ba o o the baok- #lling and rostors tho atroct, and (hus fix the elovatlon of the nurfacn, It would aleo peom plnin that tho nla= Lility aud securlty of tho masotiry of Lo conduit and of Uieno 4 man-lioles would recuiira tho back-Alling to Lo dono na the worlt progresnod, It lu not undarntood that tha contractors claim that tle belk-filling was not to Le dono by lulnnlvmli. or fltat thoy deny that it was fo Lo to dono ua to koop paca wibi tho other worl:, but that 4 8 fnufsted by thom that they ore only’ boutd fo do the Work nut down i the Apocifications or oxpreacly required by thoir coutraet, and it s \:unll:nlyml that thin Laock- fliling 1a not covered by the specificalions or by thelr contract proper'; that, after (ho sl of Liila cou- fruet, tho dnty remabiied upon tho city, tbrough somo othier contractor or otherwias, to do this back-tiiling ot aiel tmo and in such mannce an to keop pace with tho progrem of tho work concedod o bo coverod by thin contract, o nldo to fufsh up and restors tho cartli of tho street fn npk o, 60 an o manko it ready for tho restoratio Ly Isu.uu contractora of gravelug, ote., named in thig contract, Tlita contraet, on axaminatlon, fs partly written and xmm{ priuted; (ho Jangiuge of yaris of it was pre- pared vxpressly for tho work unidertaken by thuso cut tractors, und thie langungo of parts of it waw propared a0 gouors form, wiih uch provistons o8 v uitablo to most of tho vatlaties of pulio work (o bo pald for out of the general fund of the city, The parts vropared espoclully for this wark conulat of tho apecifications attiched to tho contract no a port of §t, and the written part of tho coniract propsr—sillch 19 fndortal fn tho blanks left in tho printod forms used, ‘Tho parts mot epechally prepared for ihfz work - conslst in tho printed clauiecs of tha contract jiraper * futonded ™ (1n onr Bu- prein Court eaya {n 20th Ills., Ttop. 40) to_apply to AT cliskea of contracts *not 10.any ono oxclusively,” 1t 15 held by our Bupremo Couxt, and aid dowa by ilio ‘most approvod suthorities, that if thera bo any doubt as ta the moaning of the wholo coutract, tho words expreanly written for the particular contract i ult(flfln, are entitlod to have a gréater ¢fect atiributed thom than thoso printod 1 tho genoral form, lunamuelt i these words are the immodiate languago aud ters selected by tho partice themsclves for tho oxpression of tholr meaning, vhilo tho words of tho general for- 1uula aro adapted oqually to (s caeo, sad all otber cases of contracts upon elmilsr pubjucts. o leading clouso of this contract Id in writing, snd contalna all tho wrilten wordd of the cnntrnchropnr Svbich liayo nuy bearing tpon tho queation, aud 45 in theso words: o sald party of (ko firat part ¥ (Norria & Co.) “agren to constrirct, complete, and putin readuies wtse, and no mnfntath it for o1lo yeat ufter auch comple- tion, 8 brick conduit twolve (12) fect in futernal dinmes ter fu Fullerton uvenue, betwoen tho North Brauch of Chlvapro Rver and Lake Michigan, eloven thousand ,040) feot, mora or loss, and to tulo the risk of all disturb causes aud obetacles, whether wndor or abova tho ground, for tho porlod abovo amentioned ; the said coutractors hereby agrociug to furnish all tho materfals of every kind required fo the copatruction and cowplotion of the work covered by thfy conteact, tho compensatlon for the sald matocluls bolng jucluded {n the suma bevelu spocified ar tho contradt price, and thoy slso agres to furaiuls ot thelr own proper cont und oxpouse all maclinery, fixtures, strictures, and toola of any kind needed or ured in or about the same, and without charge to tho eity. ‘Tho coptractors will alsu ot thelr own expenss remoso co much of tho exeavated material an will not be required to restora tlo stroct (o a8 good & condition ns Lefora the condult built, and will hold the city harmlass from auy ospouse or cost Incurrod by reason of inter- fazence with any privato or publie projerty wbutting on or contiuous to thoe slroct in which anld conduit fo to bo butit’ 1N WIAT BINSE T4 THE DURASE #to construct, complote, and put 1 rezdineas for uso,” o » « “abrick conduit,” ete,, to be underatood-—-in thia clause,) To say thut the cily was about **to con- atritet u conduit from the North Lranch to the lake,” would platnly includeall the work of cvery Kind which that eulerpriza would require, aud would cortcinl. ombrace ail tho nina jtems of work above eninerate anaof which i tho work of doing the Lack-niliug and tho reatoration of thestreet in every reapeot. Tha phrase sed I tho atiove part of tho contract fa not in ity form_quito oo genersl as tho phrase supposed, If tho worda of tho contvact had been that thoso parties “ngreo to construct ond complela for the cltya condnit from tho river to the lake,” nccording to the specifications attached, and ~amoug tho avociicationy §L was provided ft =hould Le of bri of certain dhwenstons, such rick, am general words would show moro strongly that these contractors were to do tho wholo work of every kiud, ‘Tho phiase of the contract In, **to construct aml conr- plets n brick condult,” cte., of eertuin dimensions, Thie, 16 i suggontad, Prencnte, 38 the objective point of thia contract, tho conutruction aud completion of & “prick coudult” or “conduit prapor,” aud uot gene crally ** the whole work of tha conduit,” “hu iready suggested, it {s obyious—ihat ir, wns con- templated by tho coutractivg partics—ihat ihe back- fllings was {0 bo dona coutomporanconsly with tho con- stenction of tho conduit proper, and a0 as o keop paco with that work ; aud that whetsover 100 yords of tlo eonduit proper was fndstied tho back-Gillug was to ba o, and the surplus earth was {0 bo ramovod na soon ua possible thereafter, in such a manuer a3 to gavo the elty for dzmages (it would secm) for the abstruction of thio eireet au nreasonable Tength of time, Wiien wa_consider that thie work of back-filing end of restoring the mircot i5, In its nature, o identical with the work of uzeavativg the trench for the conduit projier, requiring, ns it must, the eame kind of Jabor- o1, tud 3t would keora i some degres tho came kind of iachinery s when w0 also sea i tho work 13 not only fdentiest Ju Ita naturo with tiuss of tho ezcavation, Dut that the Lsbor of bacl-Allinyg s so futimately con- nected with the work necosaury o protect and hold steady tho masonry of tho arch, cnd that It fa no fm= portaut {o thesu contractors that the back-illing should be A0 dono as (o press equally on all sides of tho arch, and that tho sccurity und protoction of the *mant holen " 15 20 evidently dopendent upon the manner of dolag tio back-tilling, it coeran difiicult to Lolleve thut the city would let tho oxcavution to ono contractor, il the buel-Aiiling to auothior, I¢ there wore to b sepurato Jobs it would seom difil- calt to determine wheru tho work of theno contraotors shiould end, and whoro that of tho contractor for back filliug khould begin, e top of tho “'man holes, whera the wholo work in completed, muat, of course, conforn: to the surfsce of tlo atract wl.en fuily Teatored. 1t vould planly be amore couvenicut to huvo theeu two itoms duna by the am10 coutrzctor, 'he surplus vartl, not necded to do tho back filling, it i3 providod, in ta wulong to tha contractora, snd is to Lio removed a8 #aon a3 possibla after the completion of ach 100 yards of the wurk., Tho mozt palpablo moide of deterinining what part of thomaloral excivated would b uccded to do tho back-fliyg would bo to do the back Qlling sod set off the vemminder as surplus, ‘Ihis reetna very 1iko pait of thoe sume work, 2ud suggesty fliat it fa;assnnad, thangh not cxpressly deslaced, thut those contractors should do il ihis woslk, 1In constructing tho condult proper—unlezn the bed of It bie cut with great aceuracy—sonio buck-tling $s mecessary 1o make o propor bed for tho Invest, £o ju constructing the trencl, on cach sido aud wbont the arch must of necessity bo filled willi carthy at least to tiao Jovol of the tob of thu extornal part of {ho oreh— eud perhaps ton bigher point—in ordor to keep the sreh firmily 8 {ts place, It would seem tiat it tho back-flling was not to o dono by thesy contenctors, somo provision would havo Loen mado ws to the amount of cartih 10 Lo put about or on tie urcl, by thoss contractors, 1f this back-Alling wns not to bo done by these cone tractors as part of their Job, it doos noens that somo provision would Lzve been medo requiring the clty to do this back-liling fn s proper wanuer, and inapt timo for tho sccurity of the conduit proper, und for tho aupport and sccurity of the structuizes used catled mous Loles—yol nouo such ia found in thu contract or intho upecliications, - . Tho contract ton given epecified thing involves the obligation to 40 ovurything collatoral, incldental, oud neceasary (o the doin of 1hio thing specified, They ngreo Lo removo # all” gravellag,? ute,, buforo cxcayae tion, and to restoro it upaiu to us ood coudition us b= fora 'tlio Logiuning of the work, 'Lhls caunot be dons without the backiiling belug done, = Tho back-fllling 13 collateral ond necossary to tho thing specided, 1t tlio objective putnt uf this leading clauko i (s cous {ract fu to completo tho condult for the city, then clearly thls Lackilling 14 lucldoutal aud neccssary to tho completion of tho work, If tho objective point of thia cliuso of tho contract fu Eimply tho completlon of tho ~conduit propor, tho ~decing of the backfilling would not Lo strictly neconsary o tho accomplichnent of that end by tho contractors, I tho backfilling wero difterent in ite naturs from tho work to Lo _doio by this cantractar, 73 the carpanter work in constructing a Louse fa dif~ ferent from the masonry, thers would Lo ruch forc In thio cuggestion thag Ut condult proper fa tho objoce 4ivo potut of 115 contract, shionld a brick_nd otoue maron in general tertas contract with s propriotor, furnish tho materfal, wad conatzuct for Lim b brick house of certain dimsaslons, to e pudd theretor o givan tum por thousand fo Lriok 1 tho wall, it might wol bs fusisted that Ly that gon= grol tom lo wan ot bound 10 do the curpontor wark. Tiut this, &t is conocivd, results chictly from the ditforenco fn tho notury Of {ho two clusics af work 1o Lo dono, In flio printed clauses of tho contract propes 1a s clmisa (providod forull oases of thin kfnd) rogulating thu {86 from tme to timo f es= timotea for 5 per cent of tho valuo of thy wark {0 lia doue, At the tlma of fnsuiug wih etiinatea, i€ i sigel eatimutes auything hon been fueluded for ba Ailling, or if, on thio_contrary, ol tho estimates fasto eluca suy of the buck-Aliing was dono Linve been fusued withont inclndingt uny ellowaca for back-0lling, und Tinvo buen seoopted by tho sontractors withont diisent oF alaim for baoic-Ailling, buch fuct would have coma beaving iu showini_tho'construction placed upon tho coutract by the purtics which is allowed to have ftw wofghit fu doubtful queation, O tho other lund, to mrrivo atthe conttruction or meaning of & written contract, 1l law docu nat por- andt resort to contemporuneaus orul syreowcnts, uor 10 partiea on neconut of thefr ananta at the time of the .coulract or pending negotistivny leadiug to tho cou- {ract, , But {, ju propor t_resort o the surroundings undér' whiclithe partics acted’at (he timo of tho exc- cutlon of tho coutract i kesliig th seuso in which the parties used tho words In questlon, Do tho eircumetances under which the contracting ‘parties acted ut the maklug of this contract 7 WHAT WERE: TIR CIRGUMSTANCES P Thio chiagtor raquired fn sucl exuee tuat, bofore ad- vortiulig for proposuia, piand Alid apoelficatious of the work 10 Lo let, aut tho modo of ol it, slionld bo s an e, AHites ol L oputs or pulie lusyuc- lou, The ordinanco on il subject also roquires thot whoh bids for any piiblic linprovewment bo advertivod fov, * theru olzall ho prepared fall and completo spevi ficztiony for tho eame, Tho cavertisomont exllod for proparals for the cone atznciton of #a brick vondnit sccoding to plaug und apecincations on Ao Thia divaated tis wtiention of irouk PEGeIN L6 bId o thu 1laie of apsoilieations, o tlud out what the work ta be let consisted of, an hoy it was required to Lo doro, In esplsnatlon, it is found that the spocifications cn Als purportad os profasesd to cover the * wliole of tho THE CHICAGO DAILY TRIBUNE YOI (b o iy . . s only a portion of s onilro work yes to s lo, “fho vory firat lino of tho apocification Logine with the words” * tha povtion of the condult ta in coti~ wirueted under the following upzcifieations # : HTo ex. tand fram tho enkk btk of v HNorih Besuch of tho Chlengo THver totho ehore of Lako Michigan.” Tn an- othor clauga theso words are found :_* Thio contrector ol . . do ail tho work of whaiguover natura naceuniry to_cowploto tha portlon o tho conduit re- quired i them ecilestiona.” In aunihor tieso words ave found : 4 Tho wholo of the work," Wark fnclule tn tiesonpoclications 1o oo [:lr;illl‘sr thn Smmodisto chargo of such ondinco erin= tolldont s s+ au the Hoard of Lubilo Works shall from time to thine sppoint for the purpoac.’y And the last requirement in theso speciictions be- g with thesa words ¢ “The while of tho work in- cluded in thowo npooifications to Lo commenced aud carrled on b mitch times il plsees no nald Buard liall direct," ote, Tt would peom tlal, 3 viww of tho chiare tor ronuizing plans sud spsvifleationn of the work; and i Viow of the ordinance requiring ' full and comploto speelfications for tho work** to ha et atid in viow of 10 fact that (1o myeclfcatlon in hla caao purpoct ad profess to cover all tho vworls to holot, and say that it i only u portion of ¢ho whols ontorpriso ; and'in viow of the fact, thot in describing tho work'to bolet it ia twlca callod * {ho wlnlo of tha work fucludod in thesa apecifications,” thot tho biddor hiad a right to nasuino {lnt ho wau not fo bo roquired tu do anything widoly was nat to bo found in thezo speclfications, or sudicated on tho plani, Theae rpecifications cover tho romoval of gravellng, ofe, hefors oxcavation, tho excavation of tho trencl, 1l Uracing of tho walls of tii (vonch, tho removal ot e iizplua esrtl, o sestorativc uf o gravollu, ot and provide vxpressly that thoy shall sll Lo doug by theav _contractors, and spweily minulely how czch of theso ftemn'aro to be dona; and yut thers i Tiof ons oxpress word aa to_by whom this back-iiugs is 10 ba dono, and not oo word as to by whomn tho - fobing work &t each ond of tho conduit progier iy to bo dorio, nor. us to tho modlo in which eithior item shall Tio don’s whitla all th work neceasary to the comple- tion of tho orck condult, or conduit propor, f8 winute- 1y_apeclilod, 1t1s understood thotit §s clatmad by tho city that theso coutractors aro bound fo do the Anishing fm= medintely at thalako and atilio river, but it con- ooded that that part of the onterpriso1a uot included in thin contract, and {hy contraclors inslet that the Dack-filling wan ulso left ont, el olig Hhe condlticus of hio plans snd rpecifics- tons, tho bids wora mads and the contract proper wa1 oxcetted, Theso plans and upocifications were tho foundation and basls of to contract, . Under theno ciranmstancos tho cortract was pro- pared aud exacntod, 1t {n mutrely truo that 10 expresa clattso or word can Do fonud, ither i the castract or specificationn, im~ poriug upon theco contraztors tho doing of the Lacks g wud [t acems protts cloar that, b ho Xoaxd of Publis Works immediatoly after lotiing thls contract procaoded to_advertise -3nd Jot to comio ollier con- tractor tho work of dofngtils back-fliing and restor- Ing tho niroct 0 to Ve i readincsn 10 recaivo he ariiflcial sfructures, in the way of sidewalks, crossings, culvortr, oto, 80 as 1o keep paca with the worlk of thess contractors, and $¢ bad teou inslated by avy ouo that 1his could ot ba dono bocauso of the yiroposod york Deing embraced in this contracl, 1o provision could have boen found to support such position without any certainty. Tofact, it s impossiblo to point out any glven clsuse or phrato which repely. or 1a Income patibio it tha fdea that tho city ws to causo thin backfilling_ sud this resloration of tho strect to o dono by some ather contractor, On tho other band, no clzuse can be found which ex- prossly fmposca ot fixes that obligation on tho” clty, and cogent roasons may bo asaigued tonding to thow thiat, by o fruo courtruction of tilu contract, theso cone tractors aro Lound to dit, . All theso considerations, pro and con, and otliors not Liora written, huvo boen carefully rovolyed, and still T find my mind i doubt as to tho trito construction of thls coutrrct €0 far ag this back-filling in concerncd, T can only ssy that, whiie I incline to tho opin- jou thal tuens conlractora are houud by thelr contract to do thin back-filling, still I cannot glva tho city any amsuranco that the courty would fo decldo thie question. No prudent lawyer would undertako to predict to fa cllent with any degroo of confidence how this queetfon would bo decided if brouglit beforo tho canri for adjudication. Beiug nnablo to give sny decided opinfon on (his subjeet, I Lavo thought bost, at the hazard of being a liltlo prolix, to present tho vonsiderations pro and con, {hat you miy neo for youraelvon tho uncortainty in which tho queation 48 i trutls involvod, Fourti=Ts it lawful for the Common Council to grant to euld Norris & Co, AN INCNIEABE OVER THEIRL CONTRACT PRICE for butlding soid conduit? Tho true answer to this question dopends cutirely upon tho facts of tho cane. Tt iy not lawful for ihe Comimon Gouncil merely of tholr own freo wil to grant to o contracior an increase over hia contract price for his work. It i8 not lawful for them togivo away the public wonoy muroly becauso thoy may desire or ko038 to do o, If 4t bo trie, howover, oa claimed by theso con- tractors, that the nnturo of thamnteria! tobo excavatod turn out to ho aferlally diffosent from what theso contractors bnd right to rely on, from tho staioe meats of i kpecifications ana fh sliowing of tho pro- file, and for thnt catse the work turns out to bo large- 1y fnore expensiva than 1 would have been had tho nutire of the materlzl turned out 8 was reprosented by theity; in uich caso (if (¢ oxint) the cantractors may lawfully resciud and shaudon thiolr contract, and bis TUESDAY, DEC. IBER 15, 1874. dadliway ordlinie, o & - mujorily and minority ropact, ihio tormor favor- Ing tho passing of an orlinanco xranting the right to tho Wabash Avmue Stroct Ilnllway Combany undor the conditiota horntofors pub- Hisliodt i L'z Trmuag, whilo the minorlty ve- pork ir adverso to granting ths right south of ['wonty-gacond atrant. Ald, Tiongachor moved the recymmitlal of both roporta to tho Committes on Stioots aud Alleyn, Bouth Division, . Ald. Hildrolh moved to rofor tho ordinanee In tho minority roport to Clork for etgrossment, Ald, Oulierton dosired to nmondtho ordinance by Umlting tho franchiso to twouty-five yenrs, Ald, Cooy favored the motion torecommit, so thiat tho new Council could act inteligently, At ona U it ssomed that the notion to re- commit would provail, butwhen it wny nmupestod thint tho majority-report ordinance ind loan ro- forrad for engrossmnont, and that bothordinancos shonld bo pinced upon tha saino footing, varions Aldermon ohangod their votos, and the motion to recommit was loat. Ald Qullerton thon moved to amend by limit~ ing tho franchize to twonty-fiva yoars. ‘A, Sheaftuor said that thonaction €l'apoum’l to boe striokon out was drafted by tho Corporation Counsol, aud should not be omitted fromn the ordinance, Ald, Campleoll moved to add the tranty-fiva- yonr ameudmont {o tho scetion, instend of atrik- 1n| lolnt tho section altojzetber, 'I'ho motion pro- vailod, Ald. Stono, of the Fifth, offered an amond- ment roquiting hoth o driver and conductor on aach car, tho cars to ba of the kind known s “ two-horgo cars,” Owing to tho complicated wording of the amendmont, which might bo con~ strued nu roquiring two conductora and two drivora for ench car, tho motlon was lost. An amondmont, better wordod, but to tho anwo offect as that contemplated by Ald. Stono, was adopted, snd tho ordinanco wag roferred for engrossment. NONTI AVENUE BAILWAY, Tho ordinanco granting tho right to lnva stroot-car track on_North avanue, botween 2fil- waukae avonuo nnd Humboldt Park, was takon up, l"A‘hu motion to waivo cugrossmont was lost, and tho Council then adjourned. ANCIENT EGYPT. Lecturo by Bayard Taylor nt Farwell Einll, Mr. Bayard Taylor, who appeared in the Star Locturo Courso lust night, whilo eutirely o now faco to a Chicago audience, still proved a very welcomo ono. Iiin name hau long boon & houso- bold word among all classes of American stu- dents and ronders, i Frithiof's Sags, of which tho old English trausintion, long out of print, could only be found in the library of some col. lector of rare books, was a valuablo addition Lo English litoraturo, His Tpust found a host of admirers, and his other and lighler works and hia letters from tho various Innds ho had visited hovo modoe him acem like a familiar friond to a largo proportion of the reading public. ‘Whion bo came upon the platform last evening it was not like greoting s stranger, and the strong, cultnrod, gonial linoaments of the trav- oler and scholar won tho attention of tho audi- ouco bofore ho commenced speaking. Ifis voico is cloar and plensant, und vo finely modulated that withont tho least appearance of offort it \vas perfactly audiblo In ovory part of tho room. 1l scarcaly referrod to his notes, which woro bo- foro him, but continued to the ond spesking upon & subject in which his intercst was ovl- dently eogreat that, oven had it beon devoid of the novel information it contained, he must heve held the attontion of bis Jistenors. Egypt as a country, excopt to tho scholar or tho travelir, hus always seemeotl o far-off, rather dirty, diegisting country, whose people ovon in ho oarliest agos must have beon the grossest and mogt mpuratitioua of jdolaters, o, how- over, browht that country notasit isat the pres- ont dey, Lit in its past ages, so forcibly baforo his eudiaco that to thosa who list- oned to him it consed to be mythical. Ho firat irpressed upon his audienco the won-~ dorful peciinrity of tho atmosphero iu that far country,oy which ages aftor ages might go Ly and yetiothing bo cianged. Stone swhich woulid deniind of €ho city piyment of & reasonublo comipen- aation for thelr expensen and labor nircady bestowed upon tho work, fucluding & yeasonable allowanco for necensary loss by the doprecintion of machinery. O, in wuely éasc tho contractors may, if thoy chnoze, pro- ceed to complets their contract nud_demand lawtut] of tho ciy thu oxcens of the necessary cont of tho worle —as tho tterial was fn fact found—ovor what would Tiava been the rensonable cost thoreof had the naturo aud location of tha niaterial Leew 28 ropresentad by the city. 5 ¥the contractorn Lavh substantial cauro of com- plalnt on that ground the 2djustment of the matter I3 substautially under the control of the Common Cousie «ft, On pages415-410, Luley’s Law and Oxdfnances, in 5 of Cliup, 3 of City Charter, it fa provided (hat thio Comptzoiler shall avo supervisfon over the cify debts, coutracts, ., . cnd Jlubilitiey of tho cily + o . aud genorally, i sutordination to the Mayor and Common Council, to vxerclan supervision over ull sucl interents of tha clty 28 in any manuer may con~ cem or relate to s city fnsices, revenucs, aad property. I, thorefore, thare be u labillty of the city to theso contractors, esther f relation to' s digerepancy frowm Atatementu ' of tho spoclaeations end profile, or in relation to tho question of the Lack-dliing under this contract, the clim of tho contractors iy a proper matter for tdjustment and sottiomont, vither by way of compromisoor by itigation ; and the Common Council, with the approval of tho Mayor, may dircet {n what manner the controversy shall bo adjusted by (hw Compiroller, 1f it be proposed to adjust such a controversy ly granting to thie contractors an increaso on the pricoof the whiolo work over tlielr contraet prico, that made of sdjustment would Lo equivalent to” tho ' reseindig of tho precent contract nad tho maxing of snother, Fhis would bon substautizl violation of that part of tho charter which roquires work of this maguitudo fo be Iet to the lowest bidder, unicy done Ly & Yoto of tio- tuirds of all e Aldermen, DBut thera fa o provision on paga 460, Tuley Lnws nud Ordinancea, which eniets st “such’ contiuet may Lo entered duto by tho proper oflicer without advortislug for Lida by .'.m\:;)lu of two-thirds of all tho Aldermon S, oo eloctod Tt will be seon, therefore, in the case supposed, the Common Counetl huvo the fawful power, by resoliition approved by tao Muyor, to direet tho Comptroller to aufunt the clam of thieno contrnetors In this regard by 1l payment of any ataount vslels tio Comuton Couu- cilnay think just or for thio best interests of tho city, 1f tho Comnion Council sould think 1t moro to the dnterest of the eity to inake such adjustment, by grant- Ing Lo theso contractors en increaso vver their contract pvice, the can only bu dono lawfuliy by u vota of two- thirda of all the Aldermen electad, 1f 42 e really true, as alieged, thot theso contractors lave Jtat round of tompluint against tho city on nc- count of a substantlal inscewarey in tho profilo #a ta iha nzturaof the material (not within the isk 1aken by tho contractors, as nbovo uxplained), pradence would veem to dictato that tho city elould ndjust tho matter of tho work alraady done, §f practicable, by an allownnca to the contractora of a reasunable compensa- ton for tho proper oxpense of doing tho same, nnd that tho remudmier of tho work bo ro-let, taking good care, 1n that enso, to impose all the risk #e to tho na- tura'ol tho moferial upon tho contractor, and pros viding oxpresuly for tho dolng of tho back-Alling, and {his pronec reatoration of (he treat by tho contructors 1n every respoct, . - Tuis ougaestion 3 tho more readily mado eafhat conrse conid not posciy do any wrong or Injustice to elther party to the contrury, uid would effactually dispore of tho vexed q on of tha law us to thiy ‘back-filllug, and of a probably voxed question of fact 28 0 tho dugreo of inacouraey i tho profiln, If, howover, it {8 thouglt more to the fateroste of tho city o adjnct {ho wholo mutior by grauting to thgse contractora un iucvnseo over thelr contract price, und havo them finfsh the work uudor tho present con- truct—z0 mmudified—to covor theso mattora in contro. versy, Thnt can bs dono by a vote of two-thirds of all the Aldermen olected, Allof which ia respocttully sulmitted by \ LYLu DIosr, Counsol {o the Corporation, MIBCELLANEOUS. An order wes passod directing the Bonrd of Public Works to propure an ordinance for widon- ing Fourtconth siroot, botwoen Olark aud Siafe crumbo, weod which would moulder, under lesa beatedind moro humid skies bore romained in their atogrily, undissolved, uodecaywl, Fol- lowing with a briof hislory of tho wondorful manger 30/ which tho Lgyptian literataro bad boon westored o its pluco amonr tho othor tremsu?a of learning, from tho first discovory +f tho Rosotta Stuuo with its tripla inscrption of Greek, Iicroglynker. and Demotic cluracters, to the neit vatuablo history on racls, ard thenceto the wonderful discovericn of rocont date at Momphis, and the Pyramids near Caio, o spokio of " tho inepired guess ™ of that weholar who thought to seck for somno farther rovelation of ity meaning in tho Coptic language, and who found hat 10 be but o Iuter and corruptod form of thoauciont Bgyptian fan~ unge, & Hfiving thus presented the fact of ancient Egypt rezlly being possissed of a livisg tonyue and literature, ho pretoutod tho country itsell to hié audienco &3 paipably a8 if it bad boon the State of Now Jorsoy 1lo soke of moeting Mrrictto in pt stand- ingon & Libran sand bill, looking down on tho arcient City of Mempbis, and ol wandering with Jim through 1ts otreets, boneath it arches, mto its tomplos and houdes aa perfect to-day 24 if it wero o now city just building fnstond of one tit had Leen buried for agos. 1l spoke of tho discovory of ancient Lgyptian statucs which were evidently s moss truthful ever carved, and of tho intolliganco in tho countonances of Knhotem and Nephite,—be looking intelligent and cultured; Shoas indopendent uy & votor and ws elf-posscised ns o Judgo., llo apoke alko ©f other xtatuoy, and of the bhonor paid to woman under Egyptian rule. ** Rowhero elno in the world is thu Pust 8o near” asin Lgypt, wan the declarn- tion of the speaker, The unpriuts of tho foot- stopa of the mon whobad borue the ancred efii- ies of tha gods to burinl wora &till seen when thosn tombs, jocloeed 1 muasses of basalt, and hud progroasod sinco Lut thno, espeeinlly uy ree | gardod clvil govornmout, and proved that the Uleintinn 1eligion was morely tho olimivating that of Bpypt feom {ta groasor portions an undor atood by the peoplo, Vo the pricst, tho sun, the ancred bull, nnd the sacred cow woro but sym- holn of highor Ideals, Still, whila to ndmitted that tho wosld was improving and growing in kuowladgo, ho still soemod Lo naknowladio that roligion had rerched its highost altitude, ith monk parfoct fori, £0 that Uoro torziblo, phifonophic, and vmlauml lu materializors must ocoupy o on, AMUSEMENTS, THIE MUSEUM. Last ovening tho Musenm wae oponed to the public, and entorod npon what everybody will unito in hopingr will bo n career of popularity and prowperity. Tho bullding tuternaliy woro » holiday appoarancs, bolng fostooned with ayer- greons, and emiling snd bluabing with consclons prido in n coat of fresh paint. In fact thore was avery appearance of wetivo onterprige about tha place, and of = gorlons intantion of making the best of it. Tho anditorium and muscum woro thrown open togethor, and the gontlatnen in the audienco at loast nd sn opportuuity to inepect tho ralid curlonitios sbove inatead of tho liquid below. IHenco tho Musoum may be satd to sub- gorvo o highly moral purpone, The dramatio ontertainment under the man- agement of Mr, Blaiadoll was well patronized. Tho houso, rojuvensated and adorned, was filled beyond its seating capacity at an early hour, and that logend dear to the Troasurer, * Stauding- room only,” was hung out without checking the foflux. The picco of tho ovening was John Drougham's farcieal comody, “Romenco and Roality.” Tho most satisfactory comment upon it would bo that iv is Droughamensguo. It ie funny without being Ly any combination of cir- cumstancos pcsnnfio; and highly onjoyablo without for one moment reflecting apy phago of humon exporienco. It contains sallies of the brightost sort,—ons of the speoches hoing worthy of long lifa and umversal credit, It I8 that ~ in which Mr. Swift daclares that ho does not lilio to got up until tha world had hoou thorougbly nired; uatil tho ehill had been taken off tho morning, in fact, 'Thero aro soveral of much quaint and pithy bits of humor to commond the pisce, and ohie or two very comical situntions, but theso saver of the farco rather than comedy in the truo sonss the word, Tho audiouce, Lowovar, camo tho kindest intentions. It evid give tho old favoritios o wars ception, and_ cach ono, Jc! Bopgs, John Wobater, Rond, ¢ .. Myors, received such evidenc put tho bouss and_ tho actois ,o0d-will as «n tho most pleasant footing, Mrs. Myors was tho ro- cipient of & very bandsomo basket of flowers and a roundof applause which threat- enad indefinite oxtonsion. If courso tho pioco was vory fairly acted in every particular. Of courao Jolin Dillon was brimming ovor with droll humor, aud gpauted aud attitudintzed, aud kept tho house in o roar, a8 usual, his nest and casy ncfiuf having lost nouo of its oxcellonce, or hia popularity a jotor tittla of its strongth. Of courns 3r, Boggn Ehyad tho part of Asper Manly, an old man, with greet offect, because nuch parts, uo matter how differont, Mr. Soggs alwaya did play woll ; and of course, also, Mra. Myers was a8 pleasjng and graceful as ever. Mr. Web- ster wao agreecable and matty, end Mies MoHonry lively and vaciferons, Fvery- body being in good humor, the opening night was an unalloyed succons. Thore aro one or two strangers in the company who appeared to pood advantage, and who will perhapa bo- come ns great [avoritos aa thoso who are now hattor known. MoVICKER'S TIIEATRIE, 3r. Booth commonced bis engagement at Mc- Vicker's Thentro last ovoning, drawjug an excol- lont house, Ile played Shylock, ns announced. Thero is not much to bo snid about this neat and forciblo personation in addition to what has al- ready been said in theso columna. But thero io & commont to bo mado upon the aifection- ate interost with which the peoplo of Chicago cherish the namo of this illustrious artist, and ie tho dullest scason basten to view and erlticiso bis performance a8 a duty and a de- night combined. Whetherit is his finoly-finished acting, or bis devotion to the highest and nobleat form of tho droma, or again to his unblemisked namo or fallen fortune Luat clzims tho sympathy of the masgey, or all theso combined, in 1ot the queation. Tdwin Boolk, while on all sides in- terest in tho dramg in declining, holds up the Deerless creations of the greatest of poets and plaswrights beforo tho peopla; in proportion, nnd as ho impresses the beauty and majesty of Shakepeare's lines upon tho reoplo atlarze, 8o ho is a benofactor, Itis of littlo consequence that critics keo in his mothod momething out of sympethy with their idenl, as somo of them” uudoubtedly do, and that withont affactation. ‘I'ie actor whose lifoe isn devotion to tha drama at ils best, the man who hos sauk tho fruita of his labora in the pursuit of alofty ideal, desorves moro than the mero vordict of & paseing Lumor, or the narrow judgmont of a school of art, Thero is something pathetic in tho hold Ldwin Rooth hsa upon the affections of tho peeple, ag well as upon thocritieal judzment of tho iutelhyent, And it is not among tho teant L worthy ovidoncos of onrtasts asa commumity that be atands highor in Chicago than in any mlly in tho Union, with but ono excaption. nterest iu the porformance of ** The Alerchant of Venico™ goes but a ittio boyond tho contral figure, and commont upon tho company ia con- soquontly unealled for. 1OOLEY'S THEATRE, * Clouds,” by Fred Maiuden, was produced at Hooloy's Thestro Inst evoning, with the real strongth of tho company in the cast. It is a protty picce, if not a popular ono. Its nim is high and its puilosophy clear, if eypical. Whilo lumauvity is not deilied, vico is not idealizod, nor hived bovoath deseit snnds, wore opened Ly thoso in seereh of Byyptian history nnd romains, o epokio of tho arts and sciances Ieypt taught other nations, and that while wo Jooked toward Grogeo ns the origiator of art, and Palestine of puro, ideal roligion, that Egypt waa the v.. thor of both. He spoko of rutaaius found which proved how far sha had advanced, snd tms not st tho dato uaually nscribed to her, but 1 tho ia the cownrdice upon which tho intoreat turns Lield up for pallirtion, atill leea for applause. Wo prefor to spank horealtor upou tho metits of the Dicce, A woll n of tho acting. It i ofton com- pluned that until a second or third performanca tho nrtists havo boon ablo to couvoy but o frag- mont of their moaning in thoir porty, and that criticisin is consaquontly based upon insutliciont data, The verdict upon tho first representation of earlier dynastios. Iigypt. au re}hrcs‘amcnl by Bayard Taylor, would scem to have only rul- tilled the usual destiny of uations, Iirat to huve boon_indopendout, catnest, scoking tha truth, growing in ovory wav, in ari, scenco, and gen- oral eutituro, until tho invasion und reign of the Shephord Kinga, ‘Then camo a period of polit- ieal greatness, followed by thelr overthrow, and ustrong conservatism upon iko part of tho re- instatod people. Art, howover, Lad culminated mlul wag dechuing, while luxury bad talon its luca. 3 "Pho old Egyption art, howover, was no_erude dovelopment, but wonderful in its reality. It sought ouly to oxpross tho truth, whilo Gireelc art wimod at somethung highor, aud produced idenl boauly. The roligion of the pricsts wny a peeulinely pure ideal roligion, with all tho gorms of tho Hobrow faith, Aosos was brought up by tho priesthoed, aud amcug them learncd those pecubiar tonets which they kopt macred, and did not teach to the common people. The leclurer trauslated womo vorses fouud upon o tablot which wan dedieatad to Thothmos, aud which wuss eong of woleoma to that King worshiped, as the Egyptian Kiugs still wore while living, as ilivine. ~"Rootor Mor- e, the rouowned cloculioniys of Kt, Thomss sireots. A communicntion from Dr, Pipor relativo to n chonienl propuration for rendering shinglos and bonrds fire-proof, way referred to tha Committes on Five and Waler. An ordor divacting tho Bonrd of Publio Worka to praparo an ordinaneo for filliug, ourbing, and paving Westorn nvonue fram Madlson street to Twolfth stroct, wau roferred to that Board. INTENEST ON CITY DEFOSITA, ‘I'ho Committos on Judiciary voported o the foliowing rosolutiou offerad by Ald. Campbell : ¢ Warenuas, At tho lata election the City "'ronsurer pledgod tho eaplo that If oleeiad ho would pay over to the city any aud all intorest that might be allowed on tho city deposits by tho biauks whove such deposita sre Xopt; nd 4 WurEness, Up to the prosent thne no fittorest linn Deen n0 puti uvor to o ity Ly tho said ‘Creasurer; Wiorefore, be it * feaolred, ‘Thut o apeciul commifteo of thros boap. pointed by the reeldont, whose duty it shul be to sscertait What arcaugoments ean be mado with oue or anoro bunks: what intersal van bo procured for the city ou tho fully Laluncos, a3 provided fu fiees, 18 and 1%, 'Ol V., Movised Opiinances, and report to tis Counell nt tuicir excliont convenienco,” Your Committea haviyy; knd tho same under advise. cul, vespoet(ully veport, that, i view of tho eltyls axperioucs with » vuent dotuniting Uressuvar, thoy da not (ol puthortiol L recommending that futereit b inststed on upon b ity daily” bulances, They, therofary, rcuiumient. thas suid yeeolutfon ba placed u flle, i W. I, HionarosoN, ; 1, ¥, CurLEsvon, 'Tho report was orderad I Ve - St ) rdered laid ovor und pub. TUD WABANIL AVEN U DAILWAY, Undar tho bead of nnfiniahed bosiuess the Councll took up tho Wubah Avenuo Btreot Clrrel, Now York, novor rond tho Psalns eith mora offoct than did My, Taylor tha transiation of thewo versod, and lo’ono uot very vell ac- quainted with the produstions of David, thoy might oasily have pusaad for o portion of thom. This songg ta Thothunes, howovoer, wan writlon 1,000 yegrd befora Duvid’s timo, Ho also trans. Iated beher unciont Egyblisn inscriptions ko like in oharpetey to the Habrow transiations with which modern Christendom ia familiar, thet one might easily oxcluim, thore s uothking now un- der tho sin, amd easily fancy the Inspirud wiritings would in tho ond prave plagisvisma, “1amthat Low.” “Trough my love mve L Qrawn near Lo God. I liayo pived bread to him that was hungry, diink ‘to him that thirstoth, aud help 1o hlin that was abaudoned.” ''1am ho who in, hay beon, and overmore shall bo.” #'horo wag joy in heaven on tho day ho wus born,” ¢8-I, verily, n colloction of ovil, n sack filled with coutention.” Aud of a drunk- ard, “*Thoun urt us u houwn um(n.y of Lread, as e sanctuary deaticuto of its God," P'hern eextainly is_nvery strong rosemblanco to theso old translations from Igyption papyri to gontenced with whick wo avs ull couvordaut in acortain King James' transtution. In faot Buy- a1d Taylor proved that tho Moxato law und re- Iigion woro vopied from {ho Inwa eud thoolugyaf tho anelent Bgyptisu pricsts, and that fromth o Abralam obtaiuad the vito of elrenmolsion, L donled having found the lottors that passed hotween Potiphur's wifo and Joseph, and ussorts od that If ha had, in tho vinw of recont ovouts, ho cortainly shoufd not publish them. 1{o eold that the Egyptians grow woary of well- doing and improvemont, and 50 rested to enjoy tholr suporior kuowledge sud posscesions, aud Sloudn," however, would bo favorablo. Mr. 0O'Nail givoa satisfuction ; Mr. Buckloy, more than entisfaoiion ; and Miss IHawtborno and Miss Marsh herrt-plotures not to Do carelossly sunlyzed. Tho drossing and mounting of tho pioca are excollent. ORANE'S BENEFIT comos off Baturdsy, Lverybody llkes Crane. Indeod, for his benefit be should pivo am act of “Evorybody's Friond,” in oxder to show overy- body that bo apprecintos his position with the public—a position, by the way, which bo owes less to his admirable professional capabilitios than to his porsonal qualities, I'ho former Linve boon ina measuro immortalizod by Gontile in photographs, to the number of a dozon, Crano ng X Iawyers, each with an individua! occen- trielty; Crano as minadab Steek, sud Crono an ‘l:licémrd. aro all preserved, and woll douo au k. CASUALTIE! EERIOUS RUNAWAY. Special Disvateh to I'ke Chicuao Tribune, Broux Crry, Ta., Doc. 14.—Quito a sorious run- nway occurred hero yesterday, Mr. J, Biliott, a prowinont citizon of Elliott Crook, came to town with a pair of unbrokon colts, eud, while driving about tho city, the coltn took fright aud ran awny, throwing Elllott out, but, boforo doing much damnge, tho tenm was eaught and Ellfoti atartod for home, about 10 miles away, o had goue but s short distanco when tho oolts beeamo unmanageablo ‘and commenced rubming again. Lurning from the road into tho opou prafrlo, thoy capaized the wagon, throwing Elliott ong, disloenting his shoulder - and hip, culting hw hoad and faco badly, and doinghim other injury, Medical ald waw tummoned from tho aity, and tho doctoi sny ho in bndl{, tiough not fuially, injn;lrod. Quo of tno colts foll aud broke hiy naule, i PAINEUL ACUIDENT, Speetal iy to T'he Chicaco T'ribune, Ticnsoxy, Ind., Dec. 14,—\Vhile Mrs, Mackey, of Naw I'atls, 0., was eiiting in a bugsy st the oorner of Tifth ead Nobla stroats, In this place, this ovoning, tho horso became frightened and atarted to run, Bho jumped from the buggyinte s opening in a sower, badly lacorating hor anklo on the curbstone, snd soverely [racturing hor log, DBROKE TUROUGIL 1L ICE AND DROWNED, Special Dispateh to Tha Chicago Iridune, AamsoN, Wis, Deo, 14,—Our lakes froze over Friday night, abont o weok later than usual, but the feco Is quito thiu on past of thom yet, ‘Lhis aftornoon Proutics Sanborn, a 15-yoar-old son of e e e e e e et s e e et d aas savian ean s sesouiil Livid LITOURH tho fco on Luko Mondota, about a milo from shore, and was drawned In 60 foot of water, nlnking almonf immedistely Lo the bottom, ITia hody wes vo: coverod with liuppl!nu hooks, Gon, 1)d Bryan: broke Uirougl the ive on Lalte Monoua whili walling acraug, but, boing o good Birlmmer, ané havitg hind ety mm“;-lx.pnriuuan in"llko aituations, oxtrk & FIVK GIILDREN DROWNRD, New Yonx, Doc. 14,~Tus fivs children of Jobs Datterlol, ranging u sge from 6 to 10 yoars, were drownod yestordsy whilo amusing them nolyss on = elad in rosidence nt l.'rnlmn:nl:ub‘l.‘dl,m“ Hisie priuniy BTEAMSIIP Asion, Nrw Yonx, Do, 14,.~The ulon;;l w14 ship Auguast Andro, from Antwerp, wont sshorg nr; nesner Buoal Inst night, tion, 1lor [)Euséu:;‘«‘s‘i‘llla‘:u‘ Dot Eagorous it clly, oen brought to thia —— THE CAPYIVE ZeLoi 67, Loum, Deo. ER GiaLs, U.—~Tho Globe' 9:‘“221) ‘{m“hi 83y Information h-: 1525",’: v Tom Gion. Milea' hoadquarter, Wichits, that tho Zelder (Gorman) girle, sis of tho two little onon recontly rescued from the Indisne, aro in- tho hands of “Wiito Bird's baud of Cheyonnes, and a scaut Ly ) eou nent to White gllr)‘tllt ::’mp to treat for tho roleasa of tho —— OCEAN STEAMSHIP NEWS, Loxpox, Doe. 14,—~Stoamships 1'n Cnl'cic, I'r?ln Now York, have lt‘r}’:u(l :;lt,..la 0t NEw Yonk, Dao. H.—A\rheu—monmumpl Calif > wam‘-;;g;‘f.’ from Glasgow; Napublio, from oo Iit MEMORIAM, Special Dispateh to_The Chice SUEWAUKEE, Wik, Deo, Ml hoes Wine flold Bimith to-day handed to Judge Maun. of tiy County Court, the_resolutions lntaly ndopted {n momory of tho doconsed Unitod States Judgo, A, G. Millor, maliing o spaseh sufixvls to oy occnslon. His Ionor replied in fitting torms, and orderod tlie ronolutions spreadon therecord, ¥l bo found to possoss those qualittes necesstry to the #al eradication of all billious attacks, prompt. to stars +reerotlons of tho liver, avd give a healthy tons to the ystem, Indood, it i1 no ardiaary discovesy in mad. 111co to have Invonted & romedy for theso stubborn vlaluts, which dovelop all the results prodused Ly & hotsioforo fres uso of calomel, a minoral Sustly dreadod by mankind, aad acknowledgod to ba destructivo ta the oxtroms to tho human syatom. That tho propartles of ecrtaln vogotables compriso all tho virtues of calomol without Its {njurious tendenclos, is now an admitted fact, renderad Indlsputablo by sclentiilo rososechos; and thoso who uze tho Mandraka Pifls will bo fully satisfiod that the toat modicings aro thaso providod by nature in the come ‘mon horbs and roots of tho flelds, Theao Pllls apen tha bawols and corract all billious de- Tangemonts without salivation or any of the Injurlons. effcota of ealomel or othot polsons. Tho searotlon of bile 42 promoted by theao Pills, as will bo soon bythe alterod colorof tho stools, and dissppearl - plozion and cloansing of tl:n\:;gul:.‘ S Amvlo diroctions for uso actompany each boxof Pilla, Propared only by J. (I, SCHENCK & SO, at their principal oflico, corner Sisth aad Archeste., Philadols phia, 2ad for salo br all druzglatsand doalors., Price, o «coats por bos SHAWLS, "GREAT BARGAINS ITERSHAWLS J.B.Shay, 84 & 86 State-st., Inorder to roduce their large stoc}, of Shawls before tho scason clossa, have mado tho following redugition in prices: J DEAVER SHAWES, Reduced from $10 to $7. BEAVER SHAWILS, Reduced {from $16 to $12, BEAVER SHAWLS, y Reduced from $24 to $18. INDIA STRIPE SHAWLS Reduced from :1512 to $8. OTTOMAHN SHAWLS, Reduced irom $6 to 3.50, PLATD BLANKET SHAWLS, Reduced from $10 to $7.50. SINGLE BROCHE SHAWLS, Reduced from $25 to $18, HEAVY BLANKET BROCHE DO., Reduced from $22 to $16. Thoso reductions are all genuine, sinco we are determined to put these goods into money at any saorifice. SATINGS BANK. Tercianls” Famners' & Giecians SAVINGS DANK, West Site Ofies ey © o Hoi, k. Near Madison, THE BUSINESS OF THIS COR- PORATION is confined exclusive- 1y to the receipt and care of Save ings Deposits and Funds for Ine vestment, No commercinl or gen= crnl banking busincess transacted. SUMS AS SHMALLAS ONE DOL~ LAR received from any person, end 2 bank boolk furaished, MARRIED WOMEN and minor children may deposit money so that no one else can draw it. INTEREST at the rate of 6 per cent per annum, is paid on sums ot Ono Dollar or more. MHOSE DESIRING TO INVEST their savings upon real estate se- curity at a higher rato of interest than ean bo salely pnid on Savings Dcpus!ts,\shuuld call at this Banle and exapmine its INVESTMENT CERTIFICATES, ° SYDNEY.MYBR MUSICAL, A A~ fical Presenis] Manager,® LYON & 11EALY, Stata and Mo . notknon 1430 UNGY lindo Mnorto. 3vprassty (oh Hke oo Jioliday “Frade, un ozcuptiunally alolse assortasont ] “THUSHCAL BOXES, Ranging In price {, 3 to B e L U B {