Chicago Daily Tribune Newspaper, May 5, 1875, Page 3

THE INJUNCTION. The Case Comes Up for Argu- mont Bofore Judge Willinma, Filing a Supplemental Bill to Cover tho Actlon of the Counclls Tho Judge Declines to Hear from Lowyers Who Advised Disobedience, gurllior Affidavits of Fraude=-Dr ¢ Pence's Argumont. The Supplemental 1311 to Be Dis- cussed This Morning. What Judge Williams Thinks of tho 7ontempt---Affairs at the City-Hall, ! THE PRELIMINARIES, TROCKEDINGS DURING TR FORENOON. Tn accordance with the notice given, tho coun- gol for tho Citizens' Association appenred bofore Judgo Willinms yestordny morning to auk for an agtension of the injunction restraining the Com- mon Council fromn counting tho vote cast at tho racont elostlon, The court-rootn was crowded, anong those prosont bolug 1N, P, Dorickson, L. B. Boome1, tho Hon. Thomns Hoyne, the Hon. B. G. Cauiflold, Gen. tiles, Ald, Woodman and gehafroor; aud Corporation-Counsel Diokey, City-Attornoy Jamicson, Emory Btorrs, 3. F. uloy, aud W. C. Goudy, of connsal for tho city, snd Judge Lawrance and Mr. Pence, reprosent- ing tho Assaciation. After rovoral motions in camos ponding bad beon dinposed of, The Court said : “Gentloraon, do you deaire to tuke auy sclion on cither sido, thls morning, in tho city ense?” Judge Lawrenco—Yes, sir; we desira to . BUDNIT A MOTION, — if, Ly tho city cane, your Honor rofers to the can6 in which an injunction was granted a week ago yesterday, The Court—Yaos. Judgo Lawrenve—We gave notice s day or two ago to tho gentlomon whom e undeistaod to represcnt tho city as counsgl that we should to-day movo for an oxtonsion of the Injunction ; and nhotico was yostorday sorvad upon thirty- four membors of ‘the Uommon Council that wo shiould 1oake that motion to-day, We thereforo appesr aud moko that motion ; and wo slko move for leavo to amend tho bill, and to maks now partics. That motlon would he A mation of course, inammuch.us no auswer has been filed, Wo do not desira to take any furihor e~ tion in tho courts this moruing, Weo will presont our amcudments this atternoon, andthon ask for a continnanco of thé fnjunction. . The Court—You dosire sunply now to amond your biil ? Judge Lawrence—Wo desire simply now lo entor a motion for loaye to amend tho bill—to make new partics, aud to continue the lulunu- tion, and wo will bo prepared to proseut our aniendod bill at the opomng of the Court tuis afternoon ; snd then wo will auk your Honor to pass upon tho otlor motion for a continuance of the mjunction. It nmi‘ not be lmpmlaor 10 Ay that wo aro informed that tho injunction ordered by your Honor hins beau DISREGANIDED AND DISOUEYED. We shiall, of conrse, 1n the performango of our duty, britg that question befira your Ilouor at an early duy, If, on inquiry, we find tho injunc- tion hos beon dizobeyed. The Court—Docs tha city desira to be hoard upon this matter ? $ Judgoe Dickey—No, sir; it fs ex parta, The Court—Veory well, then, leave will be granted to amend the bill, and you may take such further course as you may deem advisable. AMr., Pence—Wae would liko to havo tho motion continued of record uutil 2 o'clusk, #o- that we will not linvo to sorve notices on tho membors of the Council again, The Court—I hnrdly xea bow it becomes lm- portant to arguo this question now. The injunce tion Lias beon violated by tha Common Counail, 08 1 seo by tho reports In the city papers thia motning, nud I do not sce why a motion should bo made to continuo an injunction which has ALUEADY CEASED TO MAVE ANY EFFECT. Judge Lawronce—Your Honor will sce on what basis that inotion wilt e made wheu our amond- ments come ju; wo propose to make now parties, The Court—Very well, ir, yon can tako loave to amoud, and I will gontinue tho motion until 3 o'clock, I must sny, bowaver, goutlomen, that thogo delays may be piojudicinl to tho one side or tho othor, 1 livae said to thio counsel on both eides, and enld it openly, that I was compelled to loava the city tho Inttar part of this woek, and shall leavo becauso I hiave mado ali the arrange- monts to do so; and counsel, I supposed, would be propared on one sldo or tuo other to (ako up tho caso tlns morning, 'Thore is vory littlo timo lefe Lotwveon now and— Mr, Penco—On account of thoe turn of affairs laid opey last "‘[XM' it bocomes important for ua to amond the bill, and your Honor will of course necensarily boar with us, It s something rathor now ju this Court, I prosume, for its injunction 10 ho disobeyed, and it becomes important for us to bavo a littie timo in consequonce to take tho mattor into considcration. x Tha Court—Very woll, sir ; T only mentioned tho fact. I shall be obliged to leave riday morn- ing, whotber tho i junction is argued or whethor it fanot, Lcet leavo be granted on motlon of complainant to amond tho bill, and the motion for & coutlnurnco of the injunction be continued until 4 o'cluck. 'y ended tho proccedings for the morning, 7 e COMING TO BUSINESS, THE PABTIES INTHODUCED, At ho hour meantioned tho Coutt was jammed, and thero was no room for counsol at tho table,' and honeo Judge Williams suggested that Judgo Treo's raom bo used. Judge Lawronce—Wo aro not advised whather tho defondauts futhis cdvo expect to appoar by counsol or not. Wo are propared to offer our amendmont to the bill, and to filo a supplo- moutal bill, which we sball ask leave to filo wodeelro that the order authorlzing us to amend tuo bitl, which wo do by simply adding tiwo new Partios complainant and & now dofondant,—the City of Chicago,—shionld bo made without prej- udico tothe injunctlon. That, I bollovo, is the ugual form of tho ordor ; and when the amond- mont comen lu, if it 18 considored aa a rensun for disgolving tho injunction,—the fact that it s presentod,~of coures that will bo prosented b{ the motion fiom the other side, The objeot of our proceediog, u viow of tho changed condi- tion ol affalrs, ia now to rench dircctly the City of Chicago as % corporation ; &ud we do not In any olisngo tho forn of the onginal bill by the Awoudmout thuy wo seok to wiske, nor do wa Book ta placo tho right of the complainants to an injuaction upen auy new ground in_the sup- plomental bill, but sinply to show by it whas Botion the City Counmi has taken since the in- Juuction wag iranted, Of course, I submit to your Honor tiigt t1a proper that this_amoud. mout sud the supplomontal bill should be filed without prejudico to the injunction in tho first Instence. - And then wa sball move, i the sup- lowutal bill ls iled, for & furtlior writ of ine unction agalust the City of Clucaga on the supe lomontal “bill, . Of courwo, tho .uostion of El;' effoct o wmondlogin Hia. Way, o filing supplemcntal blll, may be ulud’i:y gontlemen on tho oihor side after your HouGr has. given us leave totake this conrse wmmnt Dbrejudice to tho ivjunction aa it now stands, It tho leave to amend tho onghinl Dill fu the manner proposed, and to filo the Kup- plomental bill, s granted, wa will inake a motion Tor & further continuaucs of tha injunction, If tho gentlemen on tha other sidodosire ta sppoar, wo oro ready for avy aigumont that may be mado, . . "the Coutt (to the counsel for the Al dermen)—Uontlenion, do you dosira ct“gyl»:nllnlm.t‘rld upon thig maiter, or do you dewiro that the Oourt should take its own action witnous your fnterpo- sition? i JUDOK DICKEY— It the Oourt pleaso, wo came hero in okedlence to & notice. An application was mago this momln% t0. continue the injunction that bhad already boen granted uutit the fusther order of bue Coust, Whon tho gentlomaa (Judge Laws THE CHICAGO TRIBUNE: WEDNESDAY, MAY 5, 1875. T R IR L A R R R R R R O R R R R R RN rans) pots bin ¢ass in tho-shape ho desires to put it fo, wé intend to reapond,and aak theintou- tion of the Conurt, Thia mattor fa ex-purte, and we do not desire to may anything npon the sub- Ject how. ‘The Conrt—You desira to make no cpposition {o tho motion now mada by Judue Lawranen ? Judge Dickey—1 do not uuderatand him to mako o motion, ‘tha (lourt—Yas, ke makos a mation to amend the bill to msko uow parties complaiuant and unw | artlan dofandant without pro)udics to the injunction, and to filo s supplomeutal bill, Judygn Dickove~Oh no, i, Mr, Ponge—"Thon 1 will fila {t (tho lupplu- mantal bill setting out the action of the Cuun< ail). .eudgn Dickey—Wa do not dasiro Lo say any- thing on thot subject, [After & briel conanltne tion with Messra, Goudy, Tuley, and Blorrs. Tho gentlemon suggest that thie adtion, o courss, ia NUT TO BT CONATIUED AS GIVING ANY GONAENT, —taking for granted that that bano. Wa have not seon thom, and do not knaw, except tn so far as Your Ilonor s informed by Judge Law- renco, tho character of tlio amandmonts, or tho contants of thopaper. I finvo taken for grant- od that the proceeding thus far was ex-pat o, "Tho Court—Lot the amendinent bo filed with~ out projudica_to tho injinetion thou, and the mipplemantal bill be filed ulso, Now, do you de- sita to arauo tho mution for s contluuance of tho injunction ¢ Judge Lawrence—If your Ifonor desires to hient arguments from us, w aro ready, o stips us that Your lHonor has alresdy ddcided that, lny the originsl bil), we made A PIIMA-FACIE CASE for the injunction. Aa Your Honor asked, une Tean tho genslemon ot the othior uide desirs $o be lieacd upon that ruestion, we suppuse thet the continuance of that order would Lo s matter of courre. Wo now ask, however, a furthicr Injune- tion as againet the City of Clicago itsslf, winch wo liave brought iuto Court as a dofendunt ; and, for the purpose of enabling Your onor to seco ugon what the application 1s basod, and tho pre- clgo character of the mjunction which we ses, it probably would be woll to rond the supple- montal bill. Judge Dickey—If the Catirt plaase, wo have pot Lwil an opportunity to see tho amendmonts or tho aupplemoutal Lill. Au application is made not only to continue the original mjunc- tion, but for & new Infunction againat the City of Chicago, and it is herloctly reakonnbls that wa rhould be allowed to examino iuto them, Wa may desiro to traverse nome of {ho allegations, and wo must have some time to prepare. Wo bad no notico_of the now mjuoction until thin moruing, and therofors ask that no furthor action be taken until tho meotlng of the Court to-morros morning, {1 ender that wo may act ad- wiscdly. The Court—I understand the motion to divide itaolf fnto two parts, Firat, the motiou for the continuanco of the injunction of whiah tho city lias bad wotico, as I understand, and which it socis Lo me ought Lo ba taken up. Judge Dickoy—The bill has been smended sinco that time, o camo this morning oxpoct- ing to take up . THL MOTION TO CONTINUE THE TNJUNCTION on tho bill as it had been presented and that we hiad examined, Now, thoy propose to amend ik, and wo havo Lisd no opportunity to examine the now status In which it is placed. Tho Court—Tho only change, however, is in the partics, It incontondsd ou the part of the city's conngel that thero 18 uo cons shown at all for nn injunction. If there is not, of conrse it is very easy to diupoee of ; and I seo no reason for a delay. If counnel desire to Lave furthor tima to examine tho supplemontal bill, it may be eminently propor that 1t abould bo graoted. Adjourtmouta ate a vory great inconvonience to ma ; they interfere with the business of thio court ; and I do not think they ought to be al- lowed whero counusel have liad reasenablo no- tics. -Jmli‘o Dickey—Ts {t not eminently proper, in- armueh a8 tho subjecte-matter run Into sach otlier and dopend very much vpon the samo questions, that they should bs DISOUHYED TQUEINER, B and the who'e matter be disposcd of by a single order? It scema to me it would be unprotitable and & great wasto of time, oud canse proat sm- Larragstnout to the businees of the Conrt to occu~ y this afternoon in discussing one branch of 0 matter, and to-morrow morning in dincuss- iug the other. Ji mlL:o Lawrence—I desire, if the Court pleaso, to make A BINGLE SUGOESTION, sthich is decisive ax to leaving the matter where Your Honor proposoy to loave it by oxtending the old InJunction until ths further arder of the Court, t in_this.. ‘Tho wsupplemontal bill is new filed, and showa _ upon ita faco s deliberato violation of the writ of injunation iskued by tho orde® of Your louor at a former day. Tue membors of tho City Conucil have done precisely what they wera forbidden to do, oponly Avowing their intention- al disobedionce of Your Honor's writ, aud of the majesty of tho law, and of tha Courta of this State, It is ln my judzment ouoof the most FLVOUANT, UNJUSTIFIADLE, AXD OUTRAGEOUS VIOLATIONS of the authority and dignity of a Court that I hava ever known to occur ; and, while theso gon- tlamen (the Aldormen) aro thus {n contompt, 8o far a8 uow appenrs, wo shall Ernwn against their hoing pormitied to opoen their mouths in this Court on the guestion of the continuance of that jojunction, 1t is o recoguizod rule of chan- co piaciice that & party du contompt under an fujunction shall not bs pormit- ted to mppear In Court until he lhas purged his contompt ; and while those gentlo- men (cnumm’) assumo the attitude which thoy liavo axsumed,—thlnk propor to bid defiance to Your Honor and Your Ilonor's Coart, and the suthority of thelaw,—it doos not bocome them to coma here aund ask to bo hoard ou tis quostion whether an erder, which they hoid {8 no order at all, shall e contivued. We now aalk, without turther argumont upon that: question, that this injunection be ordercd to stsnd until tho forther ordar of this Court, What Your llonor may think propor to do In roforence to tho applica- tion for further injuuction against the oity,— whatever order Your Uonor may deem proper to mnke in respect to the hearing of that, we aubmit to,~whether ornot the gentlomen should bo permitted sa bo hoard on thnt as counsol for the city alone, independeut of boing counsel for the Aldermon. Judyo Dickov—I trunt this mattor wiil be pro-' cooded with without unbocoming haste, with daliboration, and certanly without fooling. 1 Layo none. Tho gentleman (.ludgs Lawrence) anoms to manifost some on the subjeot. I have uo doubt, whion wo come to oxploro the matier, 1t will bo seon that this is not a case for tho foeling or sovera strictures which my loarned fritnd seon fiv Lo make upon us without giving us su ap‘it‘munlty to ba beard. Judge Lawrenco—I desire simply to say that fllurl:c" an expliclt order of this Cowrt ‘which 28 been G DRLIDERATELY DISONEYRD, That placos the parties in contempt, if your Iouor had {urtaoiction over the subject matter sud the persons at the time tula order was made, "'ha Court—The difllouity which I see in ra- gardto that is this. I have nolofliclal information that tho writ has beon disoboyed. I know by gonorsl roputation, s other gantiemen kunow, that it bas; but, at presont, I bave no afiidavit or paper baforo mo which abows that it Las been disobeyed. AMr, Fenco—Tho supplemontal bill, which s aworn to, now on tho ecords of this Court, shows that it Lias been delibarately disoboyed, Judyge Dickoy—\We bave not had an ‘oppor- tunity to Koo it, Mr, Penco—It {3 an affidavit; ana, tf you de- slro it, 1t will bo road for the purpore of -iowhu tuat thoy are m contomps, The Court—I will hoar the complaint wvpon tlio origmn! bill, and eoc what that contains. It was read over tomo anco befors, and whon It was, tho olty was represcuted in court by ouo of {ts moat sbje counsel, who, at tho timo, said to me publicly, in the hoaring, I beliove, of mauy,— 1 cortafuly 8o understood him,—~that ho saw NO OBJROTION TO TIK GUANTING OF TUIS IN- JUNCTION, One of tho parties whoso name I sesin tho morning papors sigued to this letter to the Com- mon Council, advising theio to disaboy thia in- juuotion, was present in cours aud hoard the bill road. No objection was wado toitat all. On the contrary, I understood him to state that thera was no objection to the issusnce of i, I #aid thou that it way pioper to grant morel temporary iujupctlon, Inssmuch 28 Judge Dickoy waa avsont, and the o of the order for tuo issunuco “was postponed until Judge - Dickey could como in aud examine tho bjll, These wero tho eircumatances under which this jujunction, which tho Councit has been advised to “discbey, was Isaued, Upon tho presentation of the sup- luamuuul bily, I sball foc), if it allegos the facts u regard to tho dipobedicnos of the iujunction, that the Aldermc of the clty aro notto'ba heard hore, If Judge Dickey, ' representing the oity taelf, dosires to ba heaid, he will be. . Jnga Dickey—1t I understand your Honor, the application’for an injunctlon against thecity Is rant poned until to-morrow morving ? Uhe Court—XNo, nir, That spplication will be taken up with the application 1ur 8 continuance of this mimmlmu. Judge Dickey—Withoal giving us an oppor- tunity to exawfno the supplemental bill ? ‘tho Court—1 yuderatand you have this bill7 Jndge Dickey—Tho one upon which s basod tho applicution for su injuuction pgaiust the, ' ofty. Taecity I8 not known as s party inthe first bill, Judeo Laweance—That in trua, ‘Tha Court—Then that (the wipptamantal bill) will havo to go over until 10 o'cluck to-morrow worniug. Jude Dickoy—I would be glad, §f your Hanor wauld allow me, TN JUSTICE T0 MR, ADAMA, to whom nllusion wan maile, Lo mako & statoment af what I Ieatued from him was his undorstand- ing of what accurted In toln Qourt, 1f I under- atand him coreectly, your Honor has alightly mhApYrehnndevl him. Upon my return to tha clty. Mlr, Adamd atated 10 me that ho was called hate at 10 o'clock, when sn onzagomnent in ane other court required his sttention, Iie osmain aud protested that he had to go futo tho other eantt, wheroupon your Hounor sald you would lioar thso bill read, and ho romained honr it. Tho bill wag read, wsnd yoor Honor then eaid it mado ont a prima facio cane, and thint, in consoquonce of my abaence, inntead of making an order poudento lite, an order would be mado for a temporary injunction, for some limited Lime, and to that "Mr. Adams raid he naw 1o objection. s did not Intend to acrquiesoe, or to bo underatood as acquiesciug in it The Court—I deniro to do no injuntice to the Comtnon Council, and 1 do not propors Lo hold Mr, Adamn respousible for what bo said upén that oocasion, | took special pains that tho city alould be roprosented in thls case, and sought to find the diferont authorities of the city, but conld wot. I, however, founrd Alx, Adams, aud _be came 1, and [ understood him to eay what I havo niready sald. e sald, in connootion with the matter 1hat 1t was a very imporiant question, and one which tho courts would ultimately binve to paes upon, I could not underatand bhim in anv other way than I did; but 1mnay liave mirunderstoud bim. I do not Wit to dv Liiin any injuetioe; but Lo certainly was hiere, and dil” not object, on helialf of tha city, to tha iusuance of this injunction. Ir, Ponce mpoke in favor of an adjournment until this morning, but the Cours said Le must go away Friday, and unlcas tho caso was argued snd _decided pretty soon, mome other Judye wotld hava to take charge of it; and he was willing it should be takan futo any other court, At the roguest of the Judge tho room was vacated ot this Juncturo, and that in which Judge I'rea _prosides wan thken posvession of. This was densely packed, and among _the apoctatora wore I, 11 MaoVeagh, E. C. Larued, Benator Kehoo, and the other prominout cilizens who attended tho morning Rewsion, Messrs. Ooudy, Storrs, and Tuley wero alno there, but they only looked on and whispered to one anothier oceasionally. Ansoun o8 quict prevailod, Judge Dickey aross and wald: 1t Your Honor please, I am uot cortain that I FULLY UNDERSTAND THE RULING in ralation to the hoaring of this quostion, There was an intimation or statement, us 1 understoad it, that the Aldermon and City Clerk could not ba heaid upon tine motion. Tia Court—It the aapplemental bill, which can be recoved as an atlidavit for the purposes of this wmotion, uhoswe that they have toliberate- ly violntad this iujunction, I undorutand that tley canuot be hoard ; that is, thoss who have vioiated it cannot be heard, Judge Dickey—I desiro to stats that I am not of counnal for the City Clark nor for the Alder- men, ‘The only intorcet L hiave in thia quostion 18 an a ropreacutativs of the city. - Mr, Ponco—I am happy to say, Youor Ifonor, that aome of tho Aldermeu have not beon guidty of contempt, ‘The Court—I will hear tho bill read, and, if Judge Dickey desires to bo beard on bohalf of tho city,—the city itaclf Lisa au interost Lioro,— perhapa it will bo proper to Lear him. If not perha s tho Coust can allow Judgs Dickey ntujcun curiw. I co:tainly desire to be sdvised. I do unt propose to take any action which {s not Justified by tho Jaw nnd the facts of the case. Judge Dickoy—There are soms GENTLEMEN [UOUDY, BTODRS, KIU,] ASHOCIATED WITH uP, who havs been conmulting with me. Iunder- stand tliey aro counsal for the Aldermen, The Uonst—They cavnot b heard then—nune of thom ; that i, if they represcut tho Aldormon who aro in contemipt. 1 nux:])ulu the others do 1ot appear by counsel, nud do not naed to ap- vopr, Mr. Pence—Wo sliould like to know whether theso counsel in appearance for the Aldermen Liayo any standing in Court, Judge Dickoy—Ihoro ia noappoarance satered hero. The Court—I havonot msttled In rezard to this thing at all, oxcopt thist I say, if suy gen« tloman appear hiere &y comsel for the Aldermon who appear by tho supplemental bill to be in contempt, thoy, by & woll settled rulo of law, caunot bo heard. What Aldormen are in con- tempt, or what proofs appear of it, I do not kuow, and bave not sought to decide. ——— NEW MATTER. ADDITIONAL AFFIDAVITS, Mr. Ponga thieu bogau bis arguwment in support of the motion for an extousion of the temporary injunotion, reading, by way of prelude, =everal afliduvite. The first ono was that of T, I, NICKET, of tho SBeventh Ward, who testified to irregulari- ties in tho ward to which ho belonged. Ho and Mr. Kvhoe attempted to oversse the workings of the jugzea of sloctions, bat wers compalled to leave tho room. In tne evening, however, Lo gained admisslon to the polling-place when the tickots were belng counted, Thore wore prosest Meesra. Ryan, Bommors, snd McCaon, judgos, Ald. Cullerton, Police-Officer Kindley, and afinnt. e (Hickoy) noticod saveral tickels, stralght and cloao, for the chavtor. He anid to Callerton: *Theso’ never went (nto the box by tho hauds of voters,” and Cullor- ton tore thom wup. BSoveral Landsful of the sume kind of tickets were also torn up. Tho fraud was_so apparent that it ut~ torly disgusted affiant, Ha saw much more that was {rregular, in tho way of ng to reglater, ropoating, want of racord, and 8o on. The allidavit of MEYER WARSERMAY, of the Eighth Ward, was next road. e also tomtifled to barefaced irrogularily in that region. e thought tho ballot-box was very badly utuffed. It_looked bnd. [Laugbtor.] It was *chuck full.” 1le judged that not more thau 1,300 votes wers actually oast, although 2,600 were reported. It wes very remarkablo, 1o saw much ropest- fog and “a 'good dem) of dimordor, The judges did not have = proper weal, The used tho old one, aud daubod it I{l ovor tho box, It would not provent * atufling,” Hin brother's watch and chain wore stolon by tia crowd, Then ho thought It was timeto go liomo. ([Laughtor.] The reat of the affidavit rocounted, iu substance, what ottier afiiants had niready aworn to. NICUOLAS BITANNON, . 4 a policeman, also testifiod by allidavit, ITe at- tonded the Niuth Ward polls during the day, Ho obsarved a guod doal that was wiong about tho voting, Ho uaw ouly one box, and he saw sav- eral mon put in two tickots. ‘The Court, at this stago of the proceedings rard that the aflidavits read weres suflicient, and - nz:hnrsumnnl might, therofore, be' procssded with, MR, PENCE then alladed briofly to tho hiutory of the recont elgotion, aud unid that- it was, by universal ao- know)mfgumm. basoly corrupt. 1f the charter wers to tako effect, tho Mayor would be continued In oftice untl April, 1877; the law provided that he should coutinuo iu oftice until his successor was slected, aud tho timeof eloction Liaving been chaagod, the Mayor was continuod fu office. e delibaratoly charged the Common Conacll with haviug conuived at the passage of tha blil of 1872 for tho purpose of continuing thelr torm of ofilce, and aho becauss it gave tho Council slmoet euprome power. In fact, the MU gave them power to act almost ss thoy vleagad, This was the key to tho great zeul which many of them displayed for tho psssage of tho charter roferred to. Ha did not wish to rofor at any great length to the actlon taken by the Common C'ounoil withiny ® few biours, 1t waa time that the poople shiould wake up when s bodyof men who were the red of tho Logistature of the State of 1)i- nola ‘deliborately tramplad in the dust tho mau- data of the Clrcult Coart, issucd by his Homnor nrealding m -thet brauch of the Court. If way abameful that the Council sbould display sych animus, should lend itself to 8o alsgrace- 1 » procosding—disregarding the judiofal yower, .aud atriving to bring law snd good governmant fnto contempt. How elso could be construed their action in pro- w:dm., in dofiance of tho Court, to canvass & ioto ) LOADED WITIZ YUAUD AND CORBUPTION unprecedonted in the history of populsr eleo- tions? Aud all this hiad beou done by aud with the aavico of legal Fomlemnn who bad, lilther to, borue & _reputsble reputation in tho City ot Chicago! Ho read soma extraots from the c{m'- tor of 1873, bearing upon the continusnce of tue rmuu&cny oflicors in power, and the extended aunctions of the Counell, Jwalling upon each noint as some longtl, aod woing to show that the olisrtor waa most inimical to $he iutersats of the oity and the citizens, He particulsrly dwaelt u?’ou the premfinmn of calling a s lection, They had- fulfilled the provisions of the aot' {a calling the .slectoa ou Wie lucosporatian sok: bat they had utterly failed to do %0 on tho ques- tion of MINORITY REFRESESTATION. Thera eound ho no valitity 11 any efection nnt caled and held according to the provisions of the law, It was not avon voidable, fLdid not sxiat. It was abaolutely void, becauno it nover bl s boing—was, in fact, null, had no effect, and was of no Dbiuding dorce. 'his position ceuld ho matutained by oasea of precedent in many Hiates of tho Utlon, They would slso’ akow that the Courts af Chancery could intorvons hetwoan the peopls aud the fraud, snd enjoin the munioipal oficrra frum ennvassing 8 vote which is vold. 11 belisvad tha counael on the other mide woul agree that Courts of Chancery had intervened to protect tho reopleagainst ilisgal asssantnents. The apesker nquuted at groat lengih from lezal warke to show that the municipality could not override the autliority of the Htate, and to (liat point ho partiousrly ditected the atteotion of tho Common Conucil,” Did the latter moxn to sar that tuov were Lhe supreme Isw-givers of the land? Did the counnel who advired thoir un- hoacd-of progeeding presums to say that thev wers Lo bo judges of whathor tue Court had Jurisdiction in tho matler ornot? Ho guoted at length from a dncision rendered in tho Pennayl- vanis Bupreins Court, which showed that AN INJUNCTION WAS TUE ONLY REMENY for dinotder in & municinal election, or otlernro- ceading which cannot be deoidod except by high- or authonity then that of the city, o wished to call the attentlon of the Court to tho fact that the Jaw officer of Cook County, Staie'n Atloraey Read, had taken actlon, and cam into Court, ot bohalf of the people. They based the oroposition back of fraud; thoy bused (b back of that ertircly—tliere was no suthority of Inw ({" the cleation—an eloction that meant ravolu- un, Another thing, the clection wan conducted re~ gerdiees of ntatute. Thers wero neither poil: Dooks nor clerks, nor apythitg that would give even tho semblance of rogularity to the pro- cedure. The Council claimed * that they wers suzious to respoct the law, They showed, huwover, » glugular enthusiaum in their desire to disrespect it Mr. Penco quoted an- other dociman, iu s rallrosd case, from the Bu- preme Court of Peunsylvania, to stiow that no Duwer, executive or legivlativo, within the State wan auperior to ¢ho law, Lut was, on ths cou- trary, subject to it in all quostions whoro a clond remsiued upon & ceuss, Or whore thers was a doubl of tho legality of any act, olecivo or otherwise, A mandamus could restrain persuns, with even minlsterial power, from performing an tllegal act. Now, the lujunction would have been diswoivod Wednesday oveuing; or, at joast, ft would havo espired. Why could they mnot wait for two daye, when thoy might logally nrgue the case? Dut thoy wore afraid to fac tho Inw courls of the Siste. “ They wore afraid becanan thoy knew that the require- mentaof tha stutute hiad not boen fuitiiled, Thon they resortad to brute forco sud trampled under fool the fujunction of the Court, At this point tho Court sdjourned untit 10 o'clock this morning. THE AMENDMENTS to tha orlginal bill consistod sololy in making H. W. King and N. K. Fairbank partics com- plainant, and adding the City of Cuucago to the list of dofoudauts. THE SUPPLEMEXTAL DILL sals ont the substanco of the original bill, al- legiog, ln addition, the action of the Couneil sinco the issuance of the injunction, another befng ptayad for against the city to restrain the suthorities from exercising anv fucctions of goverament under the now JIncorporation met, elxlcn t auch as might bo oxercised undor the old chartor, —_—— OPINIONS AROUND TOWN. JUDOE WILLIAMS' OPINION OF TRE COUNCIL. It was probably natural that tho action of the Couacil in violating the tujunction should pro- duce more effect upon Judge Willlams than any other porson. It was his order which had boen dinregarded, and be showed during the day that ho nas excessivoly moro in regard to the matter. In conversation with Mr. Caulfield, Judge Law- rence, and soveral other gontlemon, o stated with great {ranknesa that o never knew of such abigh-handedoutrageagainst the Bench, orsuchn contempt of all law. Referring to himuelf, per- wouslly, ha expresued the opiulon that the action of the Aldermou aud soms of tho press was dus to recent judioial decisions made by bim, ospe- cially the ono in the Storoy contempt caso, In this fustanco he said he did not tako a singlostep from porsonal feellngs, but was governed simply by tho precedents’and his idea of what wsaright, 1o did not beliave any good Iswyor in the city who Liad carefully oxamined bis rensons for bis decision 1u the Storey caso could sbow a flaw 1o the reasoniug on which the ssutence for con. tempe was baged, For the last six montbs he had been doing all the sovers work of flflhunz tho gamblors, aud had also boou compellod to take thoaction which he had in rozard to tho various indlctmen:s growing out of the coursa of tho Times; nud he dofied any one to find in bis courss in relation to those matlers any traco of partislity. Then reveiting tothe violation of the injune- tion, lio was unable to see what we woro comiug to, sud ho cauld porceive no limit to taa confu- slon which might ariso if the orders of courts were thua to be violated with impunity. In thia opinion mavy ot the other Judges naturally co- incided, deomivg it to bo about s bad o preces dont aa could be sot, AT THE CITY-HALL, Contrary to what might be expeated, from the remnrkablo occurronces of ilie previous day, eatsrdsy was a comparativoly quiot one in the ower portions of tho City-Hall, “The great con- tompt of Mouday oveolng was tho all-absorbin topic of converaation, and oven this was excond- ingly dull, for it waa almost sclely himited to surmisss a8 to what Judge Williams was going ta do about it. Bomo thouglht that he wculd Immediately dissolve tho iujunction, and others thought that the Judge conld mot avoid chastis. ing them. In either cass, the, Aldermen axpressod themeolvea pteparod for tho emergoncy, and 1t was prearranged that, in" the ovent of the Court lsaning an attachment for cuntompt, they would marah into court in alugle tlle, and submit to all the Ignominy he could heap upon thom, But they vawed vengeance upon the Judge if any- thing of the kind was hintod at, and wome went 80 far as to bet that Judze Williams would be impesched by tho next Leglelatura if Lie did not Immediately dissolye thamjunction, True, such nousense was mentioued but by fow, but it goes far to show to what depths a determinsd poli- tician msay go, sna many of the present city ofticiala peod not be considersd above any fdeal of a low politician. They forget that Judge Williaws Lias & duty to porform, and that o its pertormance Lo cares not whom he may wamplo upon. ALD, HEATH, abovoe all others, treats tho matter mora philo- sophically than slmost any oue elsa. o con- nsen ths sasion of the Couucil fa declaring the vote on Mondsy eyeniug a violent slap in the face of the Ciroait Court, and wonders how it can encape # rosponss, 1e could not have wishied & more undosurable act than tha declara- tion of the yvoto provious to any attention boy- Ing beon given to ths infunstion. The onds of Enzlca and the law ou tho uub{:ul would bave on just as Literally fuliilied by dolaying two waoks, 8a by &, delay of ouo wook provions to the doclaration of the vote, The legal oplulon given by the TLaw Department to the Conucil ha _cousiders as un: warrantable in the extromo. 1ad tua Council doclared the vots at the first mecting after tho olection, hid views might have beon differont ¢ but, 10 view of all the doliberation on tho master, e considers it & most lhgnut contoupt, noNe ll‘zlr l:i" ontrageous should the tnjunction bo dis- solved. ALD, WLDRETH, & the solf-constituted loader of tha belligerent twenty-two, continues firm fn the conviction tuat his side will sventuaily psove to ba the oaly cor- ract ons, Cannequmu{ ho abldes by the conse- quencos, Iftheinjunction was an illegal one, 8s he believea it to be, then thers was no con- tempt, for the law distinotly points out the coursa of tho Couucil in declaring an olection, and, the Injuuction being illegal, the Iaw on the subject (s thereby affected not » whit, This is big platforn, and be stands by it s firmly a4 Ald, Hoath doos to his, ALD, FOLEY significantly remarks that he voted to decl the elaotion, that bhe knew how Lo was votwg, aud §s willing to abide by it. The others who wers visiblo around the City-Hall vesterday train with Hildrgth and Folev, wih the excep- tion of » fow who voted against the oleotion, ‘The latter would dauce off tho wolea of thelr boats it they conld snjoy the might of the bel- ligerouts wonding nortbward under an attache mont for contompt, 1f wae earnsutly loped by womo of the Aldermen ub to Monday afternoon that all talk about declaring the vota prior to the dofense of tho_injuoction was meraly braggadocio, and suct it undoubtedly was n'all quarters amert one. ‘This was u lildreth's faction, and Hil- dreth was working like a beaver, accumulating romisce of Aldermanio votes uutil tho tutal of wouty-two was wecured. Ald. Campbell's throat 0 introduce » rosolation suthonziug the Mayor o B : DISHOLVE THE DOABD OF YOLICE snd appoint » Police-Marsbal and & Fire-Afar- shel is regarasd bi‘na one outside of the Al dermaan juswells he . uce auy mch resolution, 1t will probably po whers all hin rewolutions havae over beea pranag to go, uamaly, “'on flle.” Al the Aldermen, axcopting perfiaps ops or two, ara, and alwars havo boen, in antlpathy to the Loard of Police, Some of thair wronge haie been valid, but thoe Inrze tajority have beou meroly fancied inju- riew, auch as when the Board refusod to appoiut their pot candidntes to positions on the polics and Firs Department force, Yet overyous of them, withnat & stugle excoption thus far, noukl hazard thair prasenc plans by attemp:ing to pnt tho Bheridan iton i the fire. That the I'hico Board will Le alolished {8 mercly a question _of & few #ho.t months under the act of 1872. When Hhorudan was for*the firut Limo Informod of Ald, Campleil's threat, he exclatmad : ** A loug an Llark Bhedan Is in s Pol'co Isard (untid noxt tall). if that poor follow sttompts toplay any ench gamo, I will nulm the bayonsta of the polics foree at his reast. The poor, crazy simpleton." On farthar conmideration of the threat, ho went to work st the Iaw, and succaeded in nn- !‘ll‘llllflg the followiug clauss ju the Conatitu- tion: All persons now filling auy ofea or appointment aliall continue fn the exerciar of the dutice tiiercof, according to thefr Prsps cbive commifsone o appoints menix, utilesn by this Constitution it is otherwiss di- rectod, An Steridan wan elected provioun ta 1370, the year in which tho Constitution wae adopled, the application of the clause 15 mournfully apparent 10 tho Aldermen, Mornover, the wily Tolico Commirsionar threatens to place the firet man under ar1est who daras to usurp his suthosity over the 1'olico and Fira Departments. ~Commivsioners Reno and Kiokke stand by as disintercstod spectators, and gusrauteo that thoy will seo fair play, Newher of them 18 8 uuro abuut bis position” as is Mr, eridan, for tho reason that their commiselons arenot absulute. Cummiwsionar Kiokke owos his oflics to Mayor Colv siguaturo, and ono Lardly " keows wnliere to place his authority, ur tho prrformance o’ the work is socented as wich. Marabal Benor and Supt, Jlehm havo hardly made up their minds as to what they will do if ou roma Lright morning thelr anccessors xhonld stalk in at their front= dours, Thoey acktowledge the Police Buard o tho head centra of thwir power and authoity, and will continuo to o o until the Loard 18 sbolisied by iaw. This sctiles that mootod point, at leant uutil komo viotent action is taken o2ainat tho Noard, and when that timo comes Mark Bharidan feels contident that victory will rent on his mide, The most appropriate straine thiat hivo heen tieard aronnd the City-Elall, wers beatd yeater- any wl'mu & unnchiovous clerk captured the first ans o S THE ROAUE'S MANCH,” A large nnmber of Aldermen were present at the time,and tho streine were recoived with a shover of books.~logal aud philosophical,—followed by o few jukstande dump-d on the head of tho nne fortunate. The res) Roguzs woro too much ex- cited abont thelr contompt of the previous ovening to ullow of any such lovity, Among each other Jevity was allowable, but when parpetrated by an outsider, rough rewarks ensily punctured the wkin, Suer il Agnew was aronnd pearly all day, Ins countyuance beuring “the look of ouo who was 1o i for a firet-class job, but. ns he takds au active part with the * bjes,” 1t 15 bo- vond o question that by would not care to tako any of them In cbatge. 1’cthaps his anzious look was owing to the proazect of bis baving to take care of some twonty of the gcrmaudizots at tlio low rato of 25 cents & day. * 3ay be go aud may bo no,” as a certamn Aldeman’was heard 10 remark 88 lLa changed his vots Isst Monasy eventng tn the Cauncil, and at the vame tumo lifted Inmeelf from among tho ranpoctnblo to a position bnuing tho contemptus ous. At any rate, noibing wonld ruit soma half- dozon of thetn better than o fow shiort hours in tie County Jull, Tu expreva the sentimont in theif own languago wou d io hardiy fair to Mr. f5torey, whoee position some fow weoks ago they covet in a high d groo. Nothing of intercet Lanponod around the TIall duriog the afternoon except when word was bronght dowu from the Court thatthe Judge had ruled out the pleadings of tho city's attorneys for tho reason tlat TIEY WERE I¥ CONTEMPT. This was resdily construed on un indication that the Court was about to 1+sus atincbinents azalust tho Aldermen for contempt. the fitsl timo thoy tegan to show siznu of fear that they had offended. The Law Departmont was appealed to, audin o shott tlwe all loara weio quioted Ly momo further action of the Judge, UOneof themost Bingular features of tho day was the absenco from the courteroom of nearly all tho coutomptuous Aldesmen, ‘They maiu- tained that thiero was ot room eaongh for thom up-staire, and consequentiy thes praferred to remaly dowu-staits, ‘Towanls the cloaa of the day, & fow of thom sunmoned up all their lutout courage, aud managed to nold their beads up in Court from ten to tneaty minutes each, MR NESING. A Tnirnose reportor mob Mr. A, C. Hasing and iad o buref conversution with bim upou the mtb- ject of tho Council's disrogard of Juige Will- iams'_injunction, That gontleman stetod that he Lind beon too busy with Lis privato aairs to glve tho matterae much attention ashe had wichad, but that durine the day hs had seon and conversed on the subjeet with membars of the Citizout™ Aesociation und other citizous, aud he bad fouud them unanimous in their denuucia- tiona of the action of the Cauncil. Tho geueral fooling wan that tho sct was grossly improper, and that tho impropuiety was intensitled by tho facs that fu a day or twa the Cour: woull tiave fullv decided upon the case, Saveral of the goutle- mon ke bad apoken 10 had atated that now there sromed to ba no hope left of & proper examina- tlon of the city’s affairs, that the last resort which waus left to the citizona for n redress of their wrongs was tha judiclary, aud that mow, that ¢he Council had showu tl coutempt for that, it was timo to abandon all hope. Mr. Uesing rtated that thore waa adesiro among tespoctable peaple that the Aldermcu ghould be sont for their contemtt of Court to tho calaboose, and be kept there until they lenrmad their duty ss citizens nnd reprosoutatives of cit- izous, and in bis opinion the upshot of the affair would bs that they would all find thomselves in the predicament which Iately befoll another citi- zen who allowed himself to run foul of the courts, Tho_ result of tho disrcgard of the in- Junction would bo the intonsifving the dowermi- nation salrosdy shown by good citizens to shiow up thoroughly the baso meaus Ly whick the sloc- tion of the 23d ult, was carried, CLVIL RIGIITS, THE BILL REVIEWED BY A TEXAN JUDQE. New Outeaxs, day 4.-—Judge Morricles, of the United Siatea Distriet Court, Eaatern Dis- trict ot Toxas, fu s charge to the Grand Jury reviewed the Civil Rights bill, and oxpreased the opinton that all persous have a logal right to have board and lodging at an inn, transportstion on wteamers and railroads, or Gtages, or on en- tranco fu a theatre, while they do not thereby acyquiro auy socisl right, 1 hold that a cou- ductor of & railrond train can assign o speeial car to ladica and ohildron and thoir atiendauts, to the exclusion of ail othors, provided other passengers are furnished with cars with all nee- esvary facllitiea for travellug, This would be to eatablish social rights, privileged, sud jmmuni- tiea, Theroforo, my view of the act s thatit was not intonded to affoct soclal xlfih(u. but civil and logal rights. In conclusion, the Judge stated tuat if 1t shall bo mads to appoar that any imn-keeper, mavuger of theatro, or traus- portation agont has refused proper facilitios to any ouo on secount of racs or color or previous condition, the Graud Jury will bo authority to find & truo bill agawst tham, UNCONSTITUTIONAL AND VQID. )meu‘:u-lo.v. N. €., May 4.—=Judge Broaks, of the United Htatos District Court. fu charging the (rand Jury to-day, said " tho Civit-Righte Lill, in its criminal aspect, which was thio only shape in which it could come_before the Grand Jury, was unoonstitutional and void. 5 s SPRINGFIELD, Old Tax Moucys Covercd Inte the Trensury—£iopcslinking, Bpectat Dispatch to T'ha Chicago Tribune, SroiNarieLy, 11, May 4.—Ex-State Treasurer Rutz caue up to-day aud paid over to Thomas 8. Ridgway the €15,000 of the 7-38 {ax which semalued in his ands, hold by injunction against him in the Kt. Clair County Oircuit Court, The injunction lias boen dissolved, and now tho ex- ‘Proasurer iy ouabled to pay over the mouey, Ho recoived from Treasurar Ridgwav & rocoipt in full, and he atands ducharged of all hability to the Btate, having praviously pald over $115,000 of thia fund, The Cordage Company, organized and operat- ing in this city to mako™ yopo from tho Iudian wallow weed, had w few weeks since about abgndoned the attompt, it having proved a fail- uro under tho mansgoment of tho Supcrintend- ent tho Company had secured. Bubsequontly the Company socured snother Buporintendent, sud to-day & most excollent quality of rapo was produced, sad the schome i3 aow pronounce’ a sucooss, LR g 5 ‘Che Town of Xenla, 0., hau beon honored b the Czar of Russts for 1ts temperanco proclivi: tles, —the de-roz baving nvamed Lis graund- daughites afies it Thou for | FATAL BALLOONING. The Sad Story of the Zenith, Two Aerounuts Suffecafed Above tho Clouds.--ho Survivor's Exe perlence, = ‘What Has Been Gained by the Jour- noy, . Correapondence New York Times, Tan1s, April 19.—Wo were all dreadfully shock- sd on Priday ovening to hoar that s fatal cident had happened to the Zenith. Half an honr after I had closod my Iaat lottor a dinpatch arrived which said that the balloon liad fallen in the Province of Larry, and that the seronnats woro dead, It was at firnt mupposed that they had Laen killed by tha fall, but thelatest ovening papers published o telogiam from Qaston Tis- wandicr, the only survivor, which stated that Lis tvo unfortunate companions had died from sarfocation. In tholr eMorts to rival Olaisher and Caxwell they had gons (o an sltitude of B.000 matres, and bad found an stmoephere that woutd not sustain lifo, Tissaudior is a palo blond, slight, thin, snd wiry, rather wosk in appoarance, and acemingly incapable of grest oudurance, while Lis two companfons wero ro- bust youug men, The former faiuted a¢ an al- titudo of 8,000 motros, aud ft was to thin fact that hio owed his Life, for on roviving the balloon had desconded to 6,030 matres, and he came to his mousen in an airthat was respirablo. 1low 1nuch above H,000 motres thoy wout is not yeb known, for the test baromsters, shich were hap. pily saved, can anly Lo examined by the lpsti- tute. They roached Poiia lasi night, and they sill be apencd at the nesxt meetng, TUE FATAL LXPEDITION, Rome two montha ago I notad un sacension of tho samo balloon, and stated that it hiad been chartered for seientille purposes. In that in- rtance somo excellout results wore obtained. The Zeulih eyme down rafaly in the Landes, noar the Prreneed, and the acronnuts showed so tnueh jutelligence and scieutifio knowledgo that it was resolved to send ‘them upon a moro im- portant oxpedition. This time they wora to leat the atmosphere at the higheat possible altitude, make experiinents for carbonic scid, and bring down tubes of wir for analynis, experiment with the apectroscape, aud test the cffect of tha sir upon thomsclvea at difforent heights, Thero were many minor poiuts of inquiry that will readily suggest themselves, but the most im- postaut, perhaps, were these regarding tho apec- troncope, It in known that thie insirumont whowa Lha presence of atmosplieric vapor, sud scientific men desiro to kuoow how far thisin duo to tus atmoepliere of the earth, or how far it mas Ls modifisd by carrying tho epece troscona Lo 1eaions whero It is extremely raro- fied. On Tuursday ovening iho Zenith started off under the best ‘conditivns, ‘Che Lalloon had beea svceially prepated for this nxconsion, and bhad on bostd tie most perfect instrumonts that could Lo mado, The aeronauts were Capt. Sivel, M. Croce-Spinelli, snd Gaston Tis:andicr, n!l men of greas expericuca in ballooniug, anl who devoted themselveus Leart and saul to the work. M. Sivel was formerly a railor, but duriog tha siege wan selecied a8 a courageons nan, capable of giving great assiatance to the aeronaut who want out of L'aria witli & balloon. tasie for ballooning, and began sludy = scionce, making bimeelf & w ful and accomplislied man in thren years® timo. 1lo was 83 yoars of age, and had mado two or threo voysges around the world, twice as Captain of a merchant veasel. When tho war broke ou? he Liastened home to his country to offer his sorvices, and whils in I'aris was acloct- «d s pilot upon ous of theso balloous. Sinco then be bas mads many asc:nrions, and wos re- garded as the best acronaut nlive, To all fn- quiriesmade at the ofticoof the Company, the tn- variable respanse was, ** Thero 18 ne dangor, Si- vel 18 with them.” e was & widower, but had a little girl & ioarn of age, whom he callod to tho baaket and kissod for the last lime a sccond bo- fote giviog the order to “latgo.” M. Croce- Spinelii wns only 35 years of nge, and & Biron, and Liearty young mau. 1 way much attache to his _profession, and ' bas writton sov- oral works upon bafloons and wallooning, 1te was nnmarried, Lot lad aso aged father dopendeot upon Lim for eupport. Guston Timgandier, the survivor, 18 tho cldest of two brothers nho have been leng known as ine tramid acronants. He is 88 or 40 years of age, the eldest of the party, thouglh tho smalleat and frailest of the three.” He s u clovor writer, aud is chiet editor of a papor cal'ed La Nature, de- voced to natural aciouce, There wora tho threo men who went up iu the Zenith iu the intorcats of acieuce, and of whom ouly oue has returnod alive. I sawthe balloon ay it passed over the city, and paused for rome timo to regard it. The itk being vellow, it shoue like a Lall'of allver in the sunlight. Bat ic roso rapidls, and 1n a fow woments had Lecome a small epeck in the dis- tant skies. to M. TISSANDIER'S BTORY. Trom this point I will tot M. Gustave Tissan- dier tell his own story. 1n s letter addressed to the Dresident of tho Aerial Navigation Bociety Ls soys : Canox (Indra), 10th April,—Mansieur, 8 telegram, sent onlelally, will Liave fuformed sou of tho sad mis- fortune which hus Lofallen us, Sivel and Croce-Bpl- nelll are no more, They succumbed to aspbysia in the bigh rogions of the alr to yhich we Lad secended, T will relate to you what 1 khow of this :ad _drataa, for, during two consecutiva hours, I was in & state of com- rlote uuconsciousness, Tlio ascunsion from ihe gas-works st La Villeite was accomplishied favoraldy, At | in the afiernoon wo wero alrealy at more thou 5,000 yards of altitude (17es8uro S0}, We had passed 3ir Luto tao potanstum tubes, felt our pulses, measurod the futerior tempera- turs of the buloon, which was more thau 20 U, (68 Fahr,), while the exterior air woa less than 5 O, (il Fabr,). Bivel had trimmed the car; Croce lad used Lis hectruscope, nd we were all in high spirity, Bivel threw ont ballast and we sacended, breathing ozygn, which produced an excollent offect, At 1b, 2, the barumeter marked 320 mm,; we were oyer 7,000 yards ligh, and the temperature was icsn than 100, (% Fabr.), 3y compandons were pale; 1fult weak, but T Inbaled & fittla of the gas, which sumewhat resived me, We wtill ascended, Hivel turned toward ma aud sald: % We have s large quane tity of ballast; shall I throw some out?” Ireplied, #1)o as you plense.” 1o put the same question to our friond, who nodded euergetically in token of approval, Wo liad fve xacki with un, oacl welghiuig twenty-4ye kilos, aud at lexst four imoro were hung outsids the car, Sivel took his knife and succemsively cut thires cords, Thu bage wora emptied, and we mounted rap- iy, Allat ouce L found wyself a0 fecblu that 1 coubl not even tura my hesd to look at my compans ons, who, I believe, were neated, I desired to ob- falh i 0y yen tuve, Lut could not Mt my arw, but sy mind was atill quilte lncid, 1 kad my eyes on the barvweter, and I saw the peedie pass over ths tigure of presuzs 200 min,, then 280, which 15 weut bosond, 1 wanted to exclaim, * We ara at 5,000 yznls I” but my tongue svemed paralyzed, All 8t Onive tuy oyes closed wnd L fell inest, entlrely lostug all recollaction; tho 1010 wau ihen sbout 1310, 31 1 rovived for » moment, descendiug rapldl bt ta stacken ‘The balloon was T was abio to cut & sack of bale peud and Lo write ou wy register the which L copy: W ndiug, Toperatura B C. (178 Falureulielt), 1sin thrawiug out ballast, Elovatlon, (5, Bivel and Croce still inensiUle st the bottom of the car, Descending very nl.l‘“{i’" 1 hiad scarcely writlen ticss lines when a sort of trembling fit aelzed e, and Teauk down faiuting for the wecond tiwe, 1 wis couxclous of & violont wind, indicatlug & vory rapid descant, A fuw mmoueuts Iater 1 felt myself sbaken by the anns, and recoguizcd Urooe, who Liad revived, |+ 'Throw out ballust," said he, * woare golng down,” But 1 could basdly open iy eyes, sud 1 did not notice whether Nivel was aroussd,’ 1 zremember thut Crocs unfustonod the ‘anplrator audthrow it out, ue Well s some ballast, ex- trawraps, and the ke, Alf this {s an sxtremely con. fusodtocolloctlon, wiilch way quickly extingulshed, 1ar T ralapsed futo'luvesibillly niore thoroughly (ke beroro, auu 1 felt 3a 4t { was going off into an otornal vluuibér, What lwppeued thon? L suppous st tlis Yalloon, belug IHgblened, Impermeablo as it was and vory warmi, sliot uponce 1ore Juto_the upper reglons, Atabout B:15 o'clock I reopened my wycs, foeliug ghds dy and woak, but my consclousnoss retirned, ~Tie bulloon was rushiing dowuward with frightful veloty, “I'io car swayed violently from wlda o skdo, aud des scribed great oacillstions, 1 ralsed myself’ ou niy ces, anil pulled iy compantions Ly the arm, WSl Croce 1 T cried, * rouso yovreelyes 1" They wera botli crouched dewa In the car, with their heads concealed in thelr clouks, I summioved up all wy streugih, aud endeavored 10 Uft (heny up, Hivel's face wad: black, his eyea dull, moutls wide opeu, and full of blood, Urooe-Hyfnell bad bis vyos cloaed, sud his moutis Vlood-staincd alko, "To velate what ocourred then is auite boyond my Sod s trarmendous wind £rom elow upe B et ok ui ltitudo of 6,00 motres, Thors were athl in the car two bags of ballast, whichi Hoow we nearvd the earth ; aud 1 sought Foay kiiita ta order 10 cut \lio ltachment of o anchor, bus [ could not tid it 1 'was distracted, und Lept callingout: Bivel | Fivell" Fortupately 1 laid my hand ou s knife, and was cuablod to o the grapuel in e, 'Tho shock of U0, fall wew eatremely violent, The balloon sppeared to fatton dtuelf vut cotnpletely, sud I thuught (¢ would vo romaly, Lub there was a sirong wind which car- od (L utobg, Tho grapnel did uot hold. fruily, and {ho car waa Ursgyed seross the felds, The dead’ bod. iea of my unforsunate friends were “jorked about, aud Tfoured 6t each momont thut they would fall oit of be car, Aecanwhily 1 succecdod ia grasplug tho cord 1o thus got a - of the valve, and the balloon was aunickly smptied, amt ‘wan fina T2 Ay dxliaurted agalusta tree. This was atout & Un_getting out of the car I was sitacked by a fever- sh exc tament of the most violent kind, l'll(l "e" #00n fell exhausted, and becams livid, T lllfl“lhl ‘h:{ 1 woa about Lo rejoin my companions in (he nex Neverthcless, 1 graduslly recovered my senses, T e1smined my poor comrades, and fonnd them oold and stiff, I had thelr corpres tranaported fo tLe shelter of & neighboring farm, 1 soboed to suffocs- tton, and even yot have not recayered, 1am at Qiron, nosr Ia Wanc, whars T have beer re- celyrd with bounilers bospltalty, T arn bean foverian afl 1he TI7ht, T hace not yet been able (o et ln{lh(nl ‘wwhatever, and foal coles. quently very weak, [aaluie you, Gastox TrssAxprzn, TR RETURX TO EARTIL Immodiately upon the recsplion of the firat telogram, tho Company sent down an agent, and ho was accompanied by sevoral ranorters for tho Parls prese. Tlle{ rivamany details regarding the locality, but littls of importance not con- tained In the lettor mbove given, ‘The balloon deacondod to the gronnd fn tho main road, and gave an onormous bnund ncrosa the river. A vmlnyr' gontloman, M. De Beauregard, waa driv- ing along at the moment, and, scoing that his rorvicos were neaded, hio turned At ouce wud gave chago to the balloon. Tho Zenith struck in an elm unon the farm of M. Legros, and M. Do Deaurcgard oanisted Tissandier in feeoing hime relf. An thera was ho way of gatting the halloon down without dertroying it, the farmer camo to the afd of the noronaut, and sacrificed une of his fineat clms, thns by a promptly generous act making himeelf famons throughout the whols countrs, o will get o medal for bis rervices sud kindly nttentione, Tho Prefect was soon suminoned, and gave the requisite order for aouding the bodies of Sivel and Croco to Parla in load cofMine. 'Tissandier himsalf hrought on tho teet-barometors Jast night. The note-booke of tho unfortuuats men wera found in the car, At the boight of 7,600 motres Uroca wroto : Hiight palua; feeling of dul'orsd In the ears, th of fectn of the gan [oxyaen {hat heinhaled]. Thick forent Leneath g, Sl gomewhat oppressed, The sun is spletdid nbove s, Althungh— ‘I'e memorandum stops hero, tho writer heing nnable to procead. In tho first part of the boak Lo hud written down minute diractions as to tho managenient of tho bailoon, Lo Lo rike so many vards, aud what to do in case of audden emor- rency. TEACHINGS OF THF VOTAGE, Tt is too roon to inquirs fully into the sciontifle vaiua of this vosage, but sumothing haa hoen gained in retucn fou the loss of two lives, Nearly every mcicnco hea its man{ru. ond that of asrostation must add two tolta list, Dut this accident {8 uniyue in our records. Wo hove hud secidents from balloonming, but it ia the firut timo Lhiat men have died from suffocation In o balloon % o great Lesght, Porhaps many of my roaders may Tecall tho asceusion of (ilairtiar and Coxweil in 1862, and cortainly that al vovago will bo famillar to the readers of Carpenter’e or Draper's physiology, Glalsher claimed to have govouo 11,000 yards, which would boe about 9,578 mistres (if I Lave made no error in_mwy hasty caleulation), & motro baing 39 371-1000 Englleh 1nches, or very nearlv 893¢ inches, In the present caso wo lhave the cor- tainty that the Zenith went abovo 8,000 motres, for M. Tissaudier saw the barometer at 250 he- fore cloaing Lis oyes, aund us Sivel then thraw over sevoral sacks of ballast, the balluon way have sbot up suddenly to over 9,000 motres. This was tho hoight dekignated by GHalslior a8 the limit of his endurance, and ho thon lust con- wciousness, Coxwell was In the circla tr.ing to _open the safety-valyos, but found him- gell failing aud Lis bonds growing uke- lewn. lie dropped dowu into the car and tried to soize tho rops to open the valve, but could not raise his rigut arm, o tried tho loft with no batter success, and then the happy iden steuck lum £o seizo the rope with hiy teeth and let off romo gan. Tho balloon rapidly dercend- ed. until it renched an atmosphers which brought Glaisher to couscionsness, But tho atatoment of Glaixher that ho went up 11,000 Englishy yards must bo taken with some reserve. In his time thera were 1o test baromaters which measure oxactly the hghest altitude attalued and he him- solf acknowledied that is was not in a state of mind to examino Lis instrnmonts with suflicienf precision, Niue thousaud metres must be re- arded, Ithioki, a8 the extrema limit at whick ifa cau Le ruetuinod, In order to give s supply of oxyren, an apparatus foriuhaliug it was taken up, sud iy streugthousd the neronauts on mord than ong occarion; Lnt & momeut camo when they lost conscionkoess of their scte, and whon thoy wera powerless ta raiss & Land avon to take Liold of the respirator, Bivel did o, and inhaled largo doos of osypen, and appears to Lava be- come exclted unduly theroby. Tho ballvon was than falling at a feartul rate, and Tissaudior was slarmed, calling loudly upon Sivel. The Istter roused bimsclf, seized the respirator, inhaled considerablo oxygen, then began to cnt awxay the bags of ballast, each coutaluing 8 ponnda of mand, “Buall wo go up#” sald Tissaudier, Sivel, exhilacated Ly tho oxygen, turned to Croce-Spinoll, who nodded assent, belng unablo to speal, ud wont on cutting down the bags of rand, *Yes," he cried cayly, *oad happy the onoof us thiat retarus!" ifo not only throw away the respirator, not knowing what no was doing probably, but threw over- board Dlankets anod “the boxes that con- totued somo of their tnstruments, Tho bals loou, relieved of a weight of at least 108 pounds, must have shat up sgain like a rockot, and may hsve gone beyond 9,000 metros, Tis. aandier ngain fajvted, aud this suspeusion of animation ravod his lifo. Tho stronger men, Croce eud Sivel, went on breatling an atmos- phera containiug no oxygen, uutil they were #nffocated, Wheo the balloon Liad dosconded tc 6,000 metres, Tisaandier came to bimaalf to tind his compauiona dead and the Zeuith falling like a stoue, 1e looked over the side when hardly abla to rafeo his head, and the sight of tha earth appronching 80 rapidiy brought him to hia aennos, Ila saw that ho must reliove the bal- loon of more weight or be dashed in picces npon the gronnd. Fortuuately, & fow sacks of ballast Liad escaped Bivel's hiond, and, ou catting these away, the balloon was tomporarily relieved. Its giddy courso was chocked for s momeut, and, when it came wto a devse atmosphere, como down eastly to the ground, tho only danger then voing from the high wiud —_— A Catholic Priest on the Dramatic £ Profession. At the funeral of Dan Drvant Father Yonog said : **The Cathalia Churcn does not tind iu tho dramatic profession aught to condemn. Itis sn honorable profession, The actor, the lawver, tho merchant, the banker, havo all their duties to perform, alnays subservient to tha claima of roligion. Iirst strive to oave your soul, and then becoms a good actor, lawyer, or whatevar you wish, The drama, properly consldered, is full of good leesous, the ultimato triumph of virtue under all circumstancos, and the defeat of hypoc- risy and vico, Wero tho stago as fond ol the Chnreh as tiie Church s of the stage, alf would ba well, Wero the dinma as respectful to the priest~ hood as tho pricsthood is to it, there would nef Do a word aganst it. ‘Tho drama has not treated tho Cliurch ns well an the Chinreh has treated it. It in wrang to place & priest upon the siage in a falio light, The dramatic cloment Lwrudsn everything. Lifo faa drama, and denth i the most moving of all dramas In this world, Tha great eacnifico of the mass which has boen of- fured up for the repous of the soul of our decens- od friond i & play, aud the inost succousful play that has evor been produced. It has enjoyed n run of mnoteon conturies, commencing with tha divine _tragedy of Calypry, and will last uutp tho ond of time, Tt lsthe great plav of Christ's passfon, the coostant ropetition of tho (rngu:{ which resulted in the rodenption of the worid. Flie Catholic Cliuschatways nholters Lor children, and her arms are atretched forth for thom. No wmatior what distracting profession & mau may be engagod in, this loviug mother will ever bo hiu guardian and st the momont of doath she s beside bim.” Domi='fraing. Mail Ludgel, The *latest novelty ¥ in woman's attira does not sound comomfurtable, Bho hes, it acewns, ndopted s garmout in which it is almost impossi- bio to walk or to sit_down, or to euter & oarriage, and which can only be worn by throwing tho body into the most paintul contortions according to fustractions apeclally glven by the dress- makers who mauufacture {t. 'Tho Paria corro- epondunt of the Queen gives tho following ac- count of thin new artiolo of dresar * Deml- tratu,” says the correspondont, * are inconvens iont for tho stroet, aud evon for zn“lni( into s carriage, and they are so tied back and banded with clustio that walking and, above all, sitting down are not the easy, caroleés movemouts of yoro, Bomo dresswakors givo justructions s o the mauagoment of these domi-trains, Tho best mauner of gatheriug up the train 13 to turn to the right, bending slightly backwards, sud to tako hiold of the dresaws low dawn as pousible with the right baud, When you siraighton and stand upright agaln the et will be lightly Lift- e, aud thue becoma o louger that & ehors cos. tume, \Whon you wish to lov the skirt trail agaiu you wust throw it back with a sweep of the rigt hand., This will ba found & more graco~ ful way of prosorviug bo traiu from ocoutsch with tho streots thsu_by lifting 1t ou each si/ with both bande.” Maa dressed in & coat or pair of trousors invalviug 80 much troublo and agony would bardly feol up to porforming thoss dijtles which woman Lindly proposes to take on Lierown hauds: sho is, however, very stronge miudod, and dolights in # lifo of aotiva ocoupa-- tlou, . 5