Chicago Daily Tribune Newspaper, May 7, 1875, Page 3

THE CHICAGU TRIBUN FRIDAY, MAY 7, 1875. mtanpprehiended), that so long an thin matter remaine in dingute, whiers thoro ia any procroding for eontest of Uhin sleetiom, ro fong T atinll deens it 1y duty to sidvise thie City Conite 11 L0 oxorcian i doubiful pover, uulens 1t may be under aanie elrcumatances whore Vs publle nocenlty—thio conduict of affalrs and tlis pressrvation Han of the 1ights of property—required it. Tt wonld 7ot Lo pedent, whiln this matter 18 in_doubt, for th Connclltounertakato exnreian doubtful pawers unleas thar b an fmminont snd pressing ncowsity : nor do Thinileve sny suchi sttompt wiil Lo made, Wihat we Drotest agatiet i havig onr hands_tied, no that we Would mot bo abloto meet sich &n Infulnent and pressing necessity, Judga Tawrenis contlnted. The mafi_ aitempt of the argiment of all ths counsel was fo ahiow (bt His Honor bad NO JURISDICTION OVER THE ORIGINAL NILT. That quostton swas really, In the present atage of the caso, of very liltis praclical fmportance, 1t was dls- tncfly coucedded by At one of the gentloinen on the vilier alidn thal the Jurisdictlon of tue Court over the prosont (supylemental) hill was undoubted, Th ing new siatntory futisdiction which interfered the old_recognized urisdictimn of & Court of Ch cary 1 The geutlemeu nal liere waa; hoy bhud wmlued the law, sud sssumed that, it the s provizions applisd 10 this cars, they o tion, 1e denled ft, alace it was the Engiith snd Amorican cases that & court wi ouated of la geuera) furintiction by the creation of & apocial statutory Jurladiction, unless It way mamfert from the new statite, in plain and unmistakable lan- Ruungn, that 1t was the Intntlon of the Lagislature to ount the Gourt of ita former Juriadiction. On thie cone trary,a0far front ousting tha Court fram Ita Jurisdiation, the siatute itself, In varlous sactious, recognized the fact (hat the Court iad jurindiction over in class of casos, and pat_{hat Jurindiction upon the chuncery bass, s clafimed tist tha Jurisdiction of the Court Featoll now precieely whcrn fthd alwajs been in ro- gard to an sloction 1pon & subject-matter Liko the pres. ant; that the statutory provisfons Lisd no application, | Alter briefly referting tothe points msde by Mr. | g, Tence Wadneadsy, sud citing some ndditional suthor- it 1n muprort of them iaying particular sirsnt upan A TEMPORARY DEFEAT. Junction has b gentlemen of th Judge Willinms Declines to Girant (he Injunces tion. and 4 for contel punished in Droper time, 1 wish o Mate Ho Will Not Interfore Now the Chartor Is in TForece. matfer. caac), 3 waak ago fis Remarks Concerning Contemptu~ sud, lu the view that it w: bt or of | Tis " Honor to ~ tésus | the point st the quastion of minorily representation | Lortance to tho city,—it w bad e conter 5y ous Aldermen and Counsels tuch an junction se complainants ssked for | hudnol baea subinitied Lo tha vulars, i’ cou ndsd | Fiven no coustderation, an ayon at all, and eould i rw the only polnt to e dinctiased under that bill, and the ZXDLEAS COXFURION WOULD ARIAR maio polu for ail practioal purpotes, was wh from tha preasul condition of affaes, 1t wis o aate | Mayors il acls aliegt n the supplemental bill, in cou & property—to proniota the nterests snd future t for M Ho Will Sottlo with Thom When | xiththe dricine bill, were wuca sato iuake Prosyenity of Chilsgo—that the goutlemen who sppeste | ofice, 1 anst for the. position of hin lonor proper. ed as complatnania in tha bi)l had caused it to befled in H ] 1l Judge Dickey—You have misspprohended all of ns, Dehalf of themselyes and other citizens, The question Certain About His Juris Ar. Goniy Wa sl distinclly siated fhers was e | was one of righi sgainat wrong, of ntarat agalney d' t' Jurisdiction ‘under either Lill, but, #f under the suj- fraud ; the bl waa in Lehal! not marely of good citl- 106101, Dlemental b, it was statutory, and no fnjunction | zeus, Uut of good cétizenshilp; 5t was s queation ss to could be fsrued, whother tiie fuudamental law—the Obar- | of (hin injuaction: Judga Lawrence—That 18 another instance of the [ fer' of Auls great ciy of balf s inill | tiat t win am LaTanious aiyle {n which the gentismen prescattleir | fon of people—shoutd be ehanged by fraud. cana, Judgs Dickay—~Wiom do von refer o ¥ Judge Lawrau-e—Me, Tuiles, WIAT TULLY BAID, (Tostng Argnment of Judgo Lawrenco for the Complainants, 1t was & queation a9 to whether ths purity of the bal- | counsel [M. lot box should be maintained, If they could not gets | pa, nmmlz futhe couris for the wiougs slleged In the bill, which, for the purposes of tlle motion, must by troated as belng triie, then tha esuse of good govern- Ar, Tuloy clamad that what he satd was tht, if but ¢ o 3 contiact bad fled the sppiemental BT as the original "‘;"“” slties wan hopeleas—inoy w,"“ uot get ftany- | waa pi ! ) n g | ML, which could only be filed sfier the vote was de- | WHEFS ; tuey might s honently confesa that re- | of thi The Citizens® Assaciation Will Contest | izt ey Weuld hove had stautiug in court. Want | Publicdn goverament for large elies had provads | for the rource, X' put 1o meant (o asy was that, undet the provisloni of the | fallurs, And, fu such an evant, be would vaslly | the yuzpons of piviug th {he Election in the Circuit Mainie, any fve cltizaun’might comia ity the Clecuit | Taibier sse some manon borieback appesr smong ut, | th 0 whather it ba Louls Napoleon or Gen, Grant, sad take | th. the relos of powerin hls owa bauds, tiw to be subject to & garornment which vested amply upon Laliol-box stuiting atthe polls. Forse, atlesst, wae more_respeclable than fraud, aud b would rather submit 1o thie one Ihan to the other, There might Lo some Lopa of guod government from an fu tyrant, ile wouid at lewst praserya the pro the liven,—the pernonal safety of the citizen tlelr lerty might be goue; but under men wha ruisd by fraud aud coreuptlun at the polls (no did nut refer to Cowt anik Ole a bill ju contest of an ction (snd that Wae what this supplemental bill war), but they could only ilo 0 afier thie vots had been declared, Judge Lavercuce advinad the gentlomen fo hold con- sultatfonn witl exch ofher Lefora rather than ifier tholr urguments, in_ordor 10 barmouize them. s position a» reported in Titx Totn. aley atd 1t waw thicra stated corractly, Onurt—Wiiere |8 the Zimes? 1 a1 8 graat ad- mircr of the 7{mes and alwaya road it, (Taughter,] Judge Lawreico—I canot concur with Your Tianor Court, Tho Aldermen Waiting for tho Verdicet. thew, Aldarman, bit 10 {ho whio perpetrated the frauds UMENT. i thist admirntlon, (Ronswed merriment,] He thea y THE,ffifl%gflu&‘fgmwffl S went on 10 gay that, althougl ho considerad the qiiess ‘::;.":.‘:'.“r:{;‘,f“{:y; bafound rerdytodano | (0 0y, TE EORDD conrla),—rather {h ch men, lot t loask ‘bo futel Uonune of very hitle practical fmportatce, yet it wax nevetthielcar, £o connected will he care thist lie should come under tha dominion of ara 10 La taken natlce ol The room in which Judge Wiliama sits was governnient which would 1danot prapons, however, 8 alop Liere. This in- DELINERATELY VIOLATED, 10 1 linva the power to_ezecuta thn penalt; disnbedience, ft will most asurodly be Common Gounci by erataly, canselesly, with nodue haste ‘tn pwer intieres in this Court to punish them Lio gullty partios will most sas: [Faint anplause, which was promptly suppreased by the bailifs,] tal TRE CINCUMHTANCER atiending the [szuance of this iujunciion and fts dlso- hedleuce, fur 1 fntend that, 80 {ar sa I am coucernod, the enmuunity shall not be ‘When the appileation for this {njunction was made (and this baoumes very pertinant fu the yiow I take of i t Monday, tbe bill contajned aMdavit whish the statuf c8 of sn injunction immed!: desirod to be inforiued as far sal 1 10 tha marila of the bill—T sent for the yor could not be faund st his office, I X whe could not ba found at his office, Iaont for the differsnt répresentatives of the ciy, and at lxst aue of the City Couucll [Mr, Adams] came Into Court,—oue of the shlsst representatives, 100, of the City Government in its legsl dapartment, Ths LUl was read by Judge Lawrence iy his presence, “There was tiot & single objection mads to the Issuance It was {mportant case, liaveto badeclded by the courls, and I understood s city the right to matter, 1wasnot aliogether clear about {he case and derirad wought information, The refuse] to do anything sbout at, 41l they cxme fnto Court upon tiia motion, no counsel for tha city bad sver saked to be Lesrd, 1o one Lisd come biere and suggosted 1o ma that I 4l granted thla inadveriantly, no ons had sahl that ho dexirad to have the Jujuuctivn nodifed, of 10 bave it dissolvad, ‘The Timunilste | raceculug Was 10 trannfer the thiv forum ts the uewspspers. It was argued by THP CONPONATION NEWSPAPER procesdings of the corporetion Dy thie Court; perlips 4f that 1# 10, 1l corporation newspaper e also 3 Ls taken b ity a8 one of the witty connsel [Mr, Blorrs] for danta ro) tad it to liis 1 doem 16 necessary to ray fin this cana, It wans proper that I abould may it. 1t was dus ta tha publie, to the cause of Justice, that I should beyond merely declding this motion for an injunction, I ro. pest what 1 #alid in the commeucement, that if it shall sppear to me bereafter claarly upon farilier examins. tion that this 1a & ciss where, upon any bill, the Gourt could {nterters, I anall protect this Qourt from any stch proceedings hereaftor, That disposes of the case, The Courl then adjourned, Pyl THE CITIZENS' ASSOCIATION, THEIR KEXT MOV, A Tninvxe reporter, subsequent to the dellv- ory of the opinion, had a conversation with Mr. Peuce upon genoral matters conneocted with the cane, as follown: Reporter—liow do you like Judge Williams' decinion ? Mr, Penco—It Is & just and proper decision under the circumstances, and is su viewsd by the membera of the Citizana' Association. The ap- plication for and granting of the Injunction w the proper proceeding st tho stage of affairs at which it was accomplinhed, but tha disregard of the infuuction and the aunouncing of the result of tho election Ly the Council crented = de facto government, whoso operatioon It would bardly do for this courts to enjoiu, Reporter—\What do the Citizen’s Associstion proposs now todo? Mr, Pence—The only thing left for them to do— CONTEAT THP. ELECTION IN THK CIRCUIT COTRT. Leporter—Do you think they will do 8o suc- cesafully # Informued, and Mr. Penca~There is no doubtof it. Evidence city's roprescutatives | of tho most siartling description will bs pro- From toat tine un- | guced,—evidenco of such frauds as Lave nover before boen bruaght to light iu & contested elec- tion case, RNeporter—Bat it will take »loog time to try ths case. will it not ? 3 Mr, Peuce—Not mnecesssrily. The whole mat.er could be so disposed of that the flual de. cision conld Le Lad at the Juua seasion of the Buproms Court at Mt. Vernon. Roporier—Do you not fear that the Aldarmen will throw obstacles fu tho way of so sposdy & for this one, acted de this matiar, tadiy be misinformed about thls oquires for the | thout notice matter of very great | matter tn which I ha ad formed no opinion then and there which would od him, to o by 8 from PDISCUB® 1T AOMEWHAT FULLY, s it: 3 ttial of the case 2 sgaln crowded yonlerday morntug with pooplo | gy BUCES TG Taan fortie. gentienon | wither i be tounded on fures of founded ou de oty i nction, Wit et ook | . e, Panco—\We bave reason tosuuposa that xions to boat thoresult of tho attompt of the | biontiy” (i UL labor wpun the anestfn waiens | O 144 b " e e omen ot ““ht "l | tuoy will not. In their argument ths counsel Cliizons' Asroctation to got au isjuuciion re- JUDOE DICKEY'S REFLY. 1t was that It ad o very important _bearing upion the il question which would heraufier arlse in he to whether the Cominon Council disoboying Ils Uonor's orl he of tne Court fto sy a Wrltof lnjunction upon the orlginal LIl wis very Plain—a thoroughly seitlod Juriadicifon iy this Biata. e njunc.fou waa for ho Inrpoas of restrainiug the Council from performing weroly a ministerirl daty, A reat deat hud been said, vory unwisely aud very fool iy aald, n_the newspapors about ihe power of a coust to eholn thie proceedings cf the Canncil on the ourt us By permiasion of the Conrt, Judge chke{ U wata ln cone e Al a0 hone in answeriug the new poluts ralsed by Judge Lawrenc o cisimed that there was ot fn Ihe 141l & slugle charge nf fraudulont motive or actiou on thie part of ths Gammon_Council, or any cficera of thie city, which was uob wxplicitiy geuied in the suswer under oath, Juidge Lawrence bere interrupled bLim by saying that liw did not desire Lo be understond ae charzing fraud upan the members of the Council. s lad no right snd no diaposition to doit, e wald shnply it was n question of rigut sgalust wrong, of Lonasty gtrainlug the Common Council from dolng any- thing under the Incorpotstion act of 1872, Among tho prominont citizens prosout woro Mayor Colvin, Ald. Sebaffner, Quirk, Dixon, Warren, Woodman, aud Heath, A.C. Hesiug, Jullua Rosouthal, Adolph Moses, the IHou. Thomas A. Hoyng, the Hon. B. G. Caulileld, the Hon. Jsaso N. Arveld, L.I. Boomer, F. IL upon e aubjeet, 3 u vasa leglulative body, The Limits of MacVeagh, R, P, Derickson, Jobn Forsytlo, Frouid tiatit wass lechistive boly, s NG oF | wdhind feaud, referring siniply to thosn 'facts alleged | 8%, fentition City-Clork Forrost, Duckuer' Morrie, aud City- | that 1t wan handly a matter for disousslon, Whora the | 18 the UlL regantuz “uba acthn of = 1ho | s g intended, Attorney Jamioxon. Couucil wan sctiog ava leglelative body within the | Judgen of eclectiou, As n matter of fact, tho ) L0 e, o nhy i limits of tha jurkdiction @ven bythe charter, of | Dallol-bozes ~—wers — atufed: = that =~ owas ths o told thiat thie pre 'As noou aa tho Court was ready to procced to business, fraud and wrong be mesut; aud he dld not wish t» t upon the Council, except so far as they acted in iance of thi injunction, which was o grest nd 8 Grest WEOAR,—one Freguant with evils to courss a court of equily had uo power to_{uterfsre T Chata not - enjolu them from paxeing ordinanco regulatiog the police, - for establishing inden, efe,; {lioas nuatters wers unquextionably within thelr control sa & municipal legisiative body, and no intelligent court would listen 10 an avplication for an inyJunction against themn in tus performauce of, duties of thiat character. Bt whien (hey eawe to the {PERFOBSIANCE OF A MERE MINIBTERIAL ACT, wlhéro thore wae wo divcrotion, whern thioy wera called vipion slmyly fo do a thlug wiich either murt not bo dane, or cuuld bo done only fo ons partioular way, then tkey wora as much withiin tlie furisdiction of court of cusucery en a private indivilial, Th er thian proceaded 1o prove by quotations from iurities U s GauvassiLg of e Yote. wab 8 wluls- terhul act, 16 next raferred to the question of JUIADICTIO! saying that the books were fuil of instances where enarte bad enjolued yublic ollicers frou dolng that witich this atatule commanded thew to dv, and would continne to do so i1 the parformance of tha act under the circumslances was uujustifalie, tiproper, aud {uequitable, and would result {n cither yublie or pri- JUDGE DICKEY aroso and sald ft wss inslstod Wednesday that tho submnission of tho question of minority rop- rcsontation was not cemplote, for the reason that there wasno notice publisbed. Ife cou- tended thiat tho law itsolf gave tho voters notico that that queastion milst be voted upon at the gam> timo astho act of 1872. In support of this ho quoted an sothority, mrging that, the statuto requiting no other notice on ils faco, tho votors were Lound to talke notice of tho law; consoqueutly they had notice of tho question when it was submitled. % JUDGR LAWRENCE B then closcd the argument for tus complainants, Ha aald tho proceadinga in the cass hod beon not # littls remarkable, They appeared beforo Hia e olty. Juige Dickey wrged that the question of fraud had not sl alightest bearing upon the night of the Uaurt to an {njunction restraining tua Council from passiug ordlnaucea; but that the queation befaro the Court was whather an njunction hould itsue agsinst » Councll not ehiargen with anything whivh would injure the eliy,—ngqafust & Loy Juvesl 1 Ly Taw with Manager -nt of muufcipal s fules, whaze bustuess it was £ Juiga of (b1 futereats of i city ; aml b begged to stiggent that it was not withiu the pruvinee of Any Give gentlomen, however respect- alle, to pressut themvelvo) befure tiia Court as tho pe- cullar gusrdtana of the clly's walfars, and, without any allogstion of freud azaius the Couucll or tiie ofli- cerw of theclty, to ask for ou injunction restraining them lost by posmbility they uifght do sometilus which was wrong. Wunt was' thara that tha Counc canld do uuder the eliarior of 1473 which wad not leg- islatlve fu fts nature? 71he gontleman bad falled to int it out, It was sald that 3t was _propossd to abols ahy e Tolice Lourd, Le would advise that no such Injnuctious 3 ot ourt I8 directed, + 'The bill scb forth (st : which had been racogmzed by the Bupromo | tiom of ihe Council in couuting ihe voles | posiian of Judge Lasrence, aswerting, in couciusion, and if thet wore good causa for intarferonce the Conrt Tiad Juridiction fo futerfere, e Wuderatood thut the Contiell contenplated prawing on ovlfnca to shnlfhy the Moard of Pulice, Would' that uos tud 10 crone confurion andido fnjury 7 Tiut it waa Urged ihat thers wan no Jurisdiction be- caunoof a statutory provison which pointed out a niode of contasting an_election, sud that thie com- plainants should bave walted untll the vola was can. Court of this Btate In almost numborless cauos, for the purpose of saving the rsopie of Chicago from the perpetuation of a great wrong. Natice was piven to the legal rapresentatives of the city of the intended application. - T'ho il wan read, and Lis Houor stated that Lo desired to hoar a4 & resson for the muppression cf the tnjunchon, that it was not apc.ifizally chariea in the bill tlst the Carmetd would do susthing by which the public inter- eais miglit be Jaopardized, Tie Conrt announced that be would give bis opluian at 4 a'dock, v —_— THE DECISION, e4 mith fhe city oficially were brought into & for a npecial purpose, and thay, with iwo gen- nen who reprenent the city, got toguiber and coun- a8l sbout this inalter, and ADYISE TUR VIOLATION OF THIS IXJUNCTION, They know, 1f the City Uouneil did uot know, that at auy monient {lis cars of thin Cours were open to them, anil they bad aright to kiow that ab any thue, i I saw that 1 bl madean errur, 1 was ready Lo retrest trom it, grarefully or ungracefully, but iustautly, 1 bad furiued no opinfon. I saught tuget knowielge Uader thoss clrcuinotancos theso non advised the corparation to dlsobuy Tt (s aald that it fa ust advice, . No other construciion ‘can bs put and Ism sgain reminded thut Tam dings of the Clty Caucll whlch coutalucd this ietter ara to be nolloed by the Court, NOW WUAT 18 TUE LAW in reqard to this matter7 Perbaps someof the mem- uore of the City Council are bere, and I should b very glad to have tham bear it Tie Court tion resd the following from Iligh on “llis grauting of an injunction botng Justly regard- wne of the highest prerogatives of courts of equity, the mioal exaot and impliat vuedietice i re- uired trum thioso agalnst whom the maudate of the With whatever {rregularities the y ba affected, or b vlisve acted In g santauce, It must be wains in existence, Ubl..ued arroncously affor. ss for it violutiou befora it hun been pro; erly Ived, And the party sgiinst whom su injunction willnot be xzliowed to violate it on the ground it af equity {n the Lil2, sinice ba {8 nat at jiberty to speculate upon the futeation or decision of the Court, or uron the equity of ths bill, or to quertion Ahis autliority of tha Court to graut relif upou appli- eation to ulsaolve .+ Au{un;unu. “Tue rezaon for thu rule, a8 hera laia down, s found in tLe uvcessity of preserviug the respect sud obudi- euce dus o tae maudates of enulty, w priety o€ the s, of the nge, L'rom the natureof the cats, ihe tribunal gr: ing {he writ must {taelf be the arblier, and its aten ave ta be mriclly obaorved uutil properly revoked. Andif the Court granting the relfef had juriadiction for the city sxpressod o dexire to bave the tion conteat SEITLED AS S0ON AS MIGNT BE DESIRED, and u:; will be glad to wees thaeir views wu this tegurd, teporter—Judgs Willlams handled the cliy's counscl pratty geverels. 31, Potce—lie is not slone fn his animadver- sions. All tiis reapectable mombors of tho Bar condemn the action of tha citv's counsel in ad- viving the city to disicgard tho jujunction s an 1t | outrage. Rojorter—Tho Bar Araaciation Is undertaking the prusecution of W. Juwes Leary for uupro- fessional conduct with o view to lus disw.asal from the Bar, is 1t not ? Mr. Pence—Itin, Leporter—Then I should think that ALL UNPROFESSIONAL CUNDUCT on the part of lawyeis vomes within 1t acope, aud that thesa lawyors ought to receive the As- sociation's attention. Mr. PPonca—1 could nat very wall, in my posi- tion in convection with tho case, bring tho master befurs tae Association's notice, but thore 18 uo doubt tuat it wil bo dunc at its next meet- ing. Jtepnrtar—Do you think the Court will take action ta punisit tho offendera ? . Mr. I'euce—Undoubtedly. Judge Williams is no wastor of words, and thers is no doubt, {rom what Lio eaid in the «deciton that ho will take all the meaas {u bis power to viudicate the honor of the Jodiciary. —_— THE ALDERMEN. FOW THEY FELT YESILDDAY, More thau one of the contemptuous Alder- men who wero preseut in court during tho sigu- wneuts of Judgen Lanrence and Dickoy Lad tho convielion forced home {o them that tho Council was guiliy of a glarug oustago in doclaring the elootion provivus to takivg auy stepa to defend the injunction. There wore thoso who have slways thought soand voted ia the afiirmative wavcr erronsously g the injunction pll:itly obscrved a0 d the fact that it no Juetification or and of preventing ‘ould iuaritably re- ‘whom injunciions the Judges of ih guiarity of the pr nan- £ the subject-s , the fact that feom counsel for the oity, aud tho gom | Vuamed lefors filng a Lill fu e ma X0 INSUSOTION GHANTED. o B e ettt daaio"he | merely for the make of wapporting the tleman who appearsd (Mr. Adams) siat- | five d,l‘l,hu:u m'x’l""\“.‘l. ~°;:‘§""l" l_cc"‘ml;"“'h At 4 o'clock tlie room Va3 82 full, and so many | injuscilon " vold, but o voidable, and un- | jaayy boat iute which they all had ed in oubslance, as was understood by |{icfs could have bLesn mo rerort to any | MOre porsous wanted to gob'in, that a bald Lad Stitien to melett o rashly jumped. To such, Judge Lawreuco's both bl Monor and counsol for tho [ stalute. It was filod for the purpose of avolding what | to bautationsd at the door to provont farthor ac- | fnjanction weatuo broad in ite lerms aud covered oy thought would Le irrowediable mischief, and there was no rsort except to & coutt of equity§ and tt:a Jurisdlciion of that court {n csses of this chiaracter had been aetiletl time aud agaln by the Supreme Court of tbin State. They eame cud showed that the elose tlon had been held ‘I violation of the law, snd that in it thiore bad occurred the most atrocons frauda; that fut consuquence of thes fraudd the result as it wouid complaluants, that lie thought the bill upon its faco mado a case for the equilable interferanve of the Court, snd that be saw noreazon why such an injunction as His Ilonor proposed to or- der should not ba ixsazd. Theteupon His Honor cossions to the ciowd. When the buzz of anticle pation biad besn alteucod by several raps on the dosk, the Court dolivorsd hus opinion, sa fol- lows: In order that my views may ba apnreciated oaiy. rd i i may L atal :":"'.d".":“:l‘:‘lls;;’flu:lc:‘:i”‘: ::rlllt'!‘:;n :‘;‘fl!:'a::ni:: ::mlg“h\::d fl‘fiun‘x‘:: Jt';g?'n' fl-flull h'n ":“éf.'}‘: aud nud-rul:nx‘{.nrl.: lt:lmg::.msnlvr l;' :x“('x“”m Lt 3 A 1 ol His Honor expressed auy doubt a8 10 is jurisdic- | bave Les no frauds had been Jiulatiog; in. ehaww of the Lill fu thin case, and {he prayers of the n perpetrated ot the polle. They further showed that, original and the supplemental bill. tion ovor the aubject- f the bill oy g e i unler 1 law, tha clectlon relirna made to tLe Couu- artics, mud tho propriety of aexorcising tho first fnstance i, but becauso he wanted to giva tna | Gl could only bocounted Ly them,—that thoy uo Complainanta® origiual Il alloges that, at | fendant for s breach of ite ierms, 3ol such factnay ciiy ample " opportunily . af being beawd, | Jurludioilon v reloct a roturn on the aeaund of frauls |ty late electlon for tho adoption or rojection | fronetly be takew inte contideraiion Atiars ‘"T‘L nnl‘!l';lu::l:n of the questiond pro- | tie staluie tio clarlsr wan o £0 fulo educt th x:‘.?’. of the incorporation act of 1673 ns (ke city | " And it 1s sl tn ¢ 1 1 ou days in | mout the cauvass of {he vola bud Leen nade, and it 8 3 3 whioh to come futo Court aud move for 06 dia~ | hiad oo detariniasd st clartor, the quostion of miuority roprosentation | mott b 5 @van | o ihe City Council wan mot submisted o bo | theiaselves voted upon at sald election, wheu, by iaw, b ehouldhavo beon, and that, thorefore, tho oleo- tion waa not valid without submittiog that ques- tion ; that tho Jawa of claction were in many respects oponly evaded by (ho Judges of eail g in favor of 1o adoption of the charier, JLBE AROBE TUE MISCIIEY sgalnet which the complafuania wished to guard, snd tuey asbed the Interpoiftion of L Court in order 10 revent tho goverumient of this city from belug abwo- utely rovolutionized iu violation of law, aud by the Yotes of men whose buminess it was to stuff bailot bozer, What would have Lecn the effact of theinjuno- solution of the Injunction. DID THEY DO n? Would not that havo been the proper mnde? Did they fmagine that they would not recoive from Iiis Houor equnl and exact justice? In. stoad of doing that, acting uuder the advice of geutlomen owmiuont at tho Bar, as the City Coun- case, uroperty over which it should not Laye Leen exteuded, affords uo excuse for ita violution. an injunction constitutes a en-tampt of the Court from™ which it issued, and w Nor dves the question vi e fuotive or lntent with wllch the writ was dlsobeyed glter or vary the responsibility for the violation ; on tha cuntrary, It a general rule that where the writ i ed ou defendan! wmotive thoy may bave acied, at while, as we have soen in the proce3iog rections, thio fact tliat an injuncilun was_errons uly {ssued i fTords 1o warrant or e£:use to 3 de- il fu this same eannection, which fa hat pallies cuuuob scresn ud the advice of counsel, 1F THIS COURT HAD JURISDIC FIOX of the subject-matter of thils case, then taie Court ovn pro ced tu punbsk his most willf unprecedrnted coutempt; for I i that Ameriean Juriapsudetico LAl 4uveT son & wallar 2 It 13 mid that there was no jurisdiction in this and ths couuss! words vors s peculiarly ominous tons. Thoy haunted thom until the decision waa rendered, aud forced upon them the conviction that Judgo Williams would continue tho injanction, and would attach them all for contompt. Such was {he feeliog all day from tho Mayor down through she long line of city olicinla and thelr multitado of satelliles. No ono entertained acheering " hope that the temporary fnjunction would bo al- lowed to expire, and that the Court wonld ovor- look tho contempt, if such it was. Notwitl- standing the all-pervading feeling of guilt, no oue seemed disposed to back down or rotract a particle, and all kept thoir humorasif everything waa emooth, Jokes about thoir new palatinl rexi- dance on tha North Bids, and thoir 83-cent bill of fara_ wors as numcrous as could bo, aud eversbody bind & diatorted juke or pun which bo was only too anxious that all Lis frionds shonld boar of. Now and then some potty, spiteful Alderman would gbow bLard feslinga about tha wattor, and, in Lis presion, wounld declaro war ‘The violation of «e punished accord- , tliey are Jtabla for s warding pun=~ il glaring aud oL horiints (0 way for the city buve taken €1l claimed_(although ho belisved the gentlomen | ton if it Liad boen obayed 7 Would wa not hova es- | election, and that in many of the wards thoro | (he” yesponwiliity of declding that ~question | azainst thoss prominent in working for tho de- who gave their opiulon nsserted it wos au opine :,-_vedn-(f:x;n lunfigl:gehfl;}:hl"lf_';h;d'?Un}"!i;m 4 | wors no poll-books or lists kopt Ly tha judges ; Tue, bum dU‘g“:; Jhom, they. c;fl\flfl vy feat of the et Onn of the. most ‘particularly '.%“;;‘2’"‘.’0"&.3'{,;")‘2 Jusstion, and wot diredh | dierr Wers ot the sfalraof (e clly Lo | that I many of the polliug-plices e ey ulutt before this jalubetiog | SPiteful rurmois was that tho city priuting woald sliborately disragarded the maudate of tho to be present in the room iwhers they any time during tho week befora they could have boen 14 by any of their numarous counsel to bave bad it the party. The truth of itis vouchod for, od if the mischievous twenty-two Court, If the pentlemen (Goudy, Btoirs, eto,) | Wis not the cily golug to reader il wors whils the eloction wan {n progress ; that in many 1 or wodified, once tako up the sentimont, they will hardly fail had such confldence in the goodnesa of thulz mulliplicly of suits if they proceeded under (| of the wards tho volers wera permitted to cast two s question comnsa back, In thers muy Jurisdiciion m‘ pasa lt lt‘:ha Couuel. UL o cause an they professsd Weduosday to feolif | csFtor, wid it turued oot that it hut nover Leen | votes, which wero put {nta the ssme bo in thls case, Boveral pouitions are taken by counsel | Jiayond soma auch rumors nothing was said er thoy really thougtt 1t was & D (e Jiits of | lcaally ddopted? Thess were the evils whicls the com- Jersois voling could, aud i tmany lnstes for the city from which 1 sball entirely disseut. In | gona®o'siy of the ofoiald. Al w Wik L uever bosh fllod th W/6quLt bor Emnm- suught to avold, and these wers (ls evils, | fwo votes in favorof tho Incorporation acty the first pfm, 1t §3 w21 virtually that ons by auy figuen LIL AL e I urt belore, s took loays to which 1t was the duty | fraudulent votes wers cast in the differeut wards’} THE COMMON COUNCIL ALL ATOSE THE LAW— AWALTING TIE VELDICT lint Ihe Iiouor wod esorciaing & ju- | of the Gouncil to vaided, ot by undens | fhat ih the Kighth Ward more than & thousaud balobh | that they Lave no it 1o ba leapedod 44 sy of (Lely | from noon dowa to the doclsivo hour. Towards riediction which was 80 clearly unjusti- | taking (0 chock au Invealigstion into thess | wers counted aud reported Ly the Judges of (ho elcc- | e m.fl this Court. 3 o'olock & Iarga numbor of thom, ineluding the fiabie,—wns {t mnot & littls romsruabla | monsirous frauds, and uot by =m‘ylu:lun four | tion over and above the nuinbor in fact cast, and the {17 lrnnor liers read from s declalon of the 8a- | Ion. B. Q. Caultleld, ox-Ald. Miver and Cauuon, that they did not coma into court | or fve gentlemen fn addilion’ta the " ordinary | samonumber in the First and Becond Watds, snd | prewe Court of ennsylvauis in which It way held tust | and 8 score of Aldermen, gathored together in S50 presont th ueaion 1o 1iia. Honor, Lustead ofad, | 1aw officars of tho city to check examination u ordor | bout 003 in the Seventh Ward, all of Wwhich | Zi'Lodies excopt the Supreme Legisature wore under | the Mayor's ofice, and ongaged in conversstion ey certaiuly kusw o he adoption o o Incorporation act ; . e e o St 1 ey coutaciensr | the bast Feason (0 balleve, e oD itat Yetee Twors ahont Deing | L gere sabiect lo the Judlcial pamer saalillshed Y | jytorrogation as to the continusnco of tho | sitlier by ressoning or by autbority, that complaiu’ anta were not cntitied Lo the writ they aaked for, no Judge upon the bench would liavs Lesn more ready to Haten to thuir arguiment, or more capable of approci- atiug it, or incre williug 0 be {nfucuced Ly ft, than Ilis Uouer, Yet the geutlowmen, for §0me purposs which it was dimeult ta undorat ®ET THE AUTHORITY OF illy MONON AT DEYTANOE, THE TRUE DUTY of thecity was to oo to b onor and sald: 41t ls immaterial whethor we adopt luuldumully or it {s - cenvawsed by the City Counicutt snd ths bill prayed for au {njunction sgainst the meimbers of the City Coun~ ell to roatrain thom froin_canvassiug the returns, or dolug any act which rocogutzed the vallity of the vole in favor of the asid_chiarler, snd for & perpstusl fn. Junctlon, and for other relisf, THE BUPPLEMENTAL BILL, other thiugs, alieged the viol Torkant for the int i eation shouid b speedly delermiued,” ~Iis deuled that the city would lose snvihiug by ‘the {suance of the in Junction, and next called atiention 50 the quesious discration t amon| lon of the In- 1 comnend to the Counctl, {n connection with thla atfer, the positiun which' was taken thiat this act is aD act required by law,—tlist they had no discretion about i, and that 1t was_fmyerative upon them, The Bupreme Court of fennsylvauls suld that if they hiad Oourt ought not to 1! ing of the law, o~ ¢ was for any reuon an Ulegal act, junction, Mayor Colvin roplied: *Judge Will- iams has made up his mind thae it would be too much gratification to the Chicago Times to dis- solve the injunction.” Otherconversation ensued &3 to what grounds sha Coart would take in con- tinuing tha injunction, for not ono’xpmum n the room hoped for ita diasolution. The Mayor rfere, T 1f they Liad no di t i aud gave much advice totlio Aldermen as to inducs | Arising under Junction by the ity Couucil, tle canvasiug by it of or 4¢ 1% bad | was of the opinion tbat it would be Lased upon mm’{, Place thomselves withln danger of ,,..m‘:,,. L THE BUPPLEMENTAU DILL, ihe voie, Bl declariug of the vols, aud pr 4 | Leen made flleqal by 1! partios, This | the asaertion of the Judga that Assistant Corpo- mant for coutewpt, selting an examole 1o all the per~ | whethier the commi Wntitied under it to | the clty may be made s parl defend: sct (cauvassing the vots) was 8 ministarial act. It did | ratfon Couossl Adsrs had advised the jsau- Sous {u the city of disobudisuce to the ordors of the | the injunction The g sutarsd autting asila the aalon of tha Couns! not becotue a legisiative acl becausa it was eanferzad | anco of the injunction aud Lad then violated Court, They pursued this course iustesd of coming | g ot, because. Loy were Bt entle | Clariog thst the act of 183 is not the charter of the | upon s lequslative budy, Our own Bupreme Court has | (s word Ly advising the Councit to * obey in and pressuting th reasons thoy might bs abls to Eive why tLe{njunctiou should Ls divsolved, Tacre cerlainly wan 1o occasion for such Lasty c- Gity of Ghicago, and that the Common Cauneil may be enjolned from performiug suy ach under the cliarier of 1872 and for other relief, T under the originai biil, and (here- fore could uot entitlo thamselves ta relief by way of & beld what is & canvarsiug of an election, 1 do nob undersiand eitlier that the law as clalmed thoe law, sud disoboy the writ," Some discussion eususd about the argumenta to exixt i the Bixty-tirst Illinols (removal of county= flon on thelr park or on ' ihe subbleental Ll no wsiter what grownd of selisl | ° 1t will Le seen that o piayers of e two billy routny s b Taur governing this cass, The position | of the various lawyers and the rossons wby the Common Oouucil, If th (U thint Wi ok the Taw Tt Ted bevn hend tt | Widely differant, sud tho cleo nces whic certalnly woull bo Judge Williama bad allowed tho couusel for tlo waveriug confidence in the Jusln whiers s orlginal Lill d1d not show au, e at tho time of the Aling of the two billa are very di- A MONSTROUS ONE, city to be heard. Home, amonog whom Aamucl as there was 0o nec Yeliat whiatovar of any kind, s suppiemontat il couty | T aud T Link §t Lua ever boon beforastatsd in u conrt | tho Mayor _was prominent, - thought of tha Council i canvauing not s Bl mads the grauid of ralial to WOEN TIE FIRST DILL WAS VILED of justice, 1Uab iu sli caves whero the luw compels a | ghat the Judgo Lad baok down iug strangs that thexs e et aann e e O orumvete | the vote huil notbeen eanvamad by the Common | parson tudosu act that he must do that actwisilier | o bis ruling the city's attorners out for con- fhould Lave sulatentially suvised the C ing ground, but, ach - utereelis | Gouncil, sud the bill was Sled In yart to praveut that | Testrained ot not, “Buch o porition could not be mata- | { P AN . that it 1 take that co They now, how ot 1 was auiciet if (e supblemental bl cou. | cauvasa, ' 1t was tha theory of te complataauts in taia | taiued, I tbink, by sy sespuctabla lawyer, 1 certatuly tempt, M. Caulfield insuted that it was meraly caudeceuded Lo come toto court s Aud b b Ao hood wround foF rauets Tie dujuaciion proved | cate Wikt thecity lacorporation A<t iad not vocunta s | bave fiever kiows u Lo be, sad 1 ceciatuly b uot o Lynrence ‘:’,‘,’,‘,,‘:“l,"ifl 'l;“ they et attention {0 al o arguincnts and Y purfect aci 2l wan sl choate unt 0 Yule was yens by Lthie counsel in €230, 5 ol o tous Tow autBoritles a» (b oficrods and bis thonghts 111 ey, Sould uot prevent the mlschief | Folifed sud declsod by the Gity Oouncil ‘they | “Afterseferrivg Lriedy totlie'case n the repart al- allliough he Lad gre who appeared 1u Lshaif of fully conceded that very ons wis an’ alls sud secom- lished lawyer, tuat it would have hesn much more for- unate for the City Cotncil if thiey bad conBiued thotn selves (o any iwo of the five gentlomen. Ths elty ek for e sought {0 restrain the canvass of that vote, and tue theory of the Lill was (bat upon much restraint e act would uot gu inlo eperation, THE yic3d ARR ENTIDXLY CHANGED NOW. ‘The vote has beeu cauvassed aud the result de: 1t 1 sdmisted by counsel for the coro} fore they filed & supple- the Aldersen, saklug ibs Qourt ta she only thiug that remalusd for f% to do to pro- yeoyls and properiy from an ualewful yov- 4 that DUI was based upon facts whick dictlon 7 1t suthalent=it auce the flin, af e wuight not have erred very g 8hould e vomembersd that, although ibers might e detandanto ¥ connael " rams | 18 fOF the deteniants, th T ite ujanction at ihet Someiuues b atrenytl in mubers, Uidce was suise aad s w S ere o entitiag | Aam caliod upon therefo l sct froms whiat I wan called upon 10 do when the fu- Junction was fAirst wruux for, 1 am now ealled upon ta atop e activn of the Jreseut Goverawient, When the Guvernment Lisa airead Court by ! 10 any relief—yotl canuot bave the injunction you sk acaurs you hiave aunexed Lo your original bill supplo- niantal iattor, which, whils it sy culitle you to au Injunction, does nol entitla You o an fnjuuction jn CONFUSION IN A MULTITUDE OF COUNSELOES. e bed nover seon (bt Lruth mare plainly exemplifiad Lave than it was by ths courss which the lrlfumeu\ 0ok y started upon ftanew life, | fully as I could \Vuln-mui.nu it nuvt ba ditticult for Uls Honor, ax ud one which wl ¢ld one in | I DO NOT TUINK I HAYE THE RIGNT TO DO IT, | which I bave Lad since the £t waa for Bim (ihe spesker) o undor- to Bay 3 bave disobeyed your WF tle clarter of 1873 fsuow in | Bud that thers staud, {n looking over ke alfferent lince at detiance the arderof the Court, | force, theu tlw City'Council, which 3 the legialative of argunient pursiied by the gontlomen, preclsaly u 00 wiiat bui they clatined the spplication showtd be donied, Oue of thew 1aid th waa by'an aplication uud o L body undar the supiomae legisiaturs of {le Hlate, ha Lhio Fighit 1o go on and act, Ths effect of iny lujunc- (ion upon them would bs fo reatrain legislative action and becaues we linve dons 80, aud, by dotng 8o, b pubyouin s position where 7ou must die a supple- mental bill, you csuuot in thal supplscisutal tion shonld substantially, than U A Uill, eotitle yoursolves to rollef Lo npon » part of & governwment which ia now 1o exist- Court; amotter sald the ave’ now basiug. your application for Folief upou s | 8uce. I o not uuderstaud that the powars of s Court | cood 0 this case. T Qlirevant state of fuols froin whiat you besed the applie | of Chancery extend s far, That{soneressonwhy® | lo sy, and the 3 and auotler douuiel wuetlier the proper :mxldywu not {n the Cit; G hemn tisiated that the Conuci] catfon upou in te ortgiual bill, and aek fur & dillereut Kind of relfel.” 1f parties were 1o Le periuitt sanuol graub the prosent tnjunction, not cauvinced Council jteclf, Ous of 1otake | 1418 a wall-avitied rule alio in regard to the granting fudod to, thie Court continuad 3 THE QUEGTION THEN, RETUNS, Juthie & caso whora ths Court Lad any ariginal furis. nots queshion whetber iLis bill wes urt Juriadiction over this subject-iustter, I understand the 28 1l Fight to punish for thi cline to the opluion that the Court looked over ke in the close of tle argument, sud I avaral doslalous thiat notices \n cases of eloction must bu s cartain clase of cases ba pursusd, and thi e elaction ta void, 1f (here {8 auy power in & court of chancery to futerfere at any timo with an election, thou I bave the right W pro- :l’lumlnl a aven if acase lllflul:l' not be prescuted upun the face day,"” he #ald, *‘wasdus solely to the request then made by Judse Lawrauce.” — Ald. Stout iu- fuirod of Mr, Caulfield i the Aldermon who vot- edin the negitive were in coutombt, sa well 38 those voting i tho alllrmativo. Tha reply was 1 rogard to g that thoy wers not, althuugh almost every other nt if the Cours L erson in the room had been of a contrary opin- rnu. Ald. Whits inquired of Mr, Caulfleld, ‘*aa » majority of the Council msy bo sont to the County Jail will it bo legal to nold Council meot- lng- there?" ir. Uaulfield ropliod, "I conslder it the proper placa for them." Ald, Whits retorted that {t was right to meet among their bosom frieads, and thus the joking coatinued, **Fiftoon minutes longer," Capt, Rounds ex- clsimed, and thou soirow overtook the crowd, Sowme one inquired if Mayor Colvin had also been enjoined. 'I'iat official rospanded that he bad not, but that by signiug the resolution de- coutempt, 1iue ad that Juriedio. law sq care. lhnited tiioe whicli It 18 bold , 1f they are nob purvusd, sbould be "very loth certatuly has have uot, becauso, wraial fu {his matter wes ex- | advantageof their owa wroug, be Lardly kuew what | of injunctions that ey never wlll bs grauted whre | of tiais bill, whero the Court would Lave the right to | clariug the vots, snd the ordinance, he had Tisieing 8 sort of legislative discretion i suother said o7 would uat Le alluwed ta du, If they bud chauged | far rocded aud to futerfere Ly fujunction topreveut great | plgcud Limaslf in contempt with tho rest of q",MP“,"'“mflul s d“'fl which it was abwolutely ro- | tLelr ground, the defsudanta had compellod theni to GUEATER INJUNY MAY RESULT rauds, it s ous Lof tho wources of wquity jurbsdics | gp " {yioin,” Iudecd, bo ecemed quits loth Bad mo ’&“"N-I-nf the law to x‘urfurm‘-lh“ they | doft. Was fiot the pierpetration of iilegal acts Ly toe | from thetr being grantod than thers would from their | tou. tat sny one prescut should loave Pad no duerstion about performing Mt acd fur | Couinon Council W cauwwuf 117 Aud could Wioy | uat belng grauted. The gesuting of au injusction s | & the timo that this injunction was first moved for, | \i0 OF 0BRGP rant Ceantemptuous, ez, Jon ke Court had mo Jusisdichon ever [ mow “be “pernitied o way hat the Qouré | & uialer raaiiug in the scund dis-retiun of the Conrt; (s county-seat cascs wers (u wy miud, sud also wheu | BHO Sidorod L 3 1 ke o by mptuan Qeom it DoaRe Dickoy had saldthst he should | must not eufuin them In coussquouce of thoss | aud o this cave it would be » very great responsibliity thabill wasread. I did not Liave Line o e He rathier cousldorod Limuelf the f*'n" tosd it uty, an the counsel fur the city,whetlior ths - | illegsl cis Locauss the tumtl:m-uh wers now clalm- | upou thie park of auy Judys, how that thts act of tu7a | tem, butl thought that {n the puddie.” Ald, Quirk, whilo not dosiring bt ux'\‘fifn‘g".'.';fifl'.fl“",':“fl',f': “‘l:hm::;‘xlll }; ing that the relief miust based upon different | has besn (fur the thine beiug rate) adopled, to THE CASE AS PUESENTED DY THIS BILL to retract in any particular, sald that ho was of ch they ot with proprie y i ten ground, aud taust be of » differeut clistecter fruta the | aitempt Lo ast aslde or iuterfers with the action of the prayer for geueral relle and uuder st , whetlior (he Court ba gr on well aa under the Dow chiarter, | zellof as¥ad fur in the uriglnal bill Uity Couucil, A was suggested bere yoaterday I E“s!.‘fi‘m‘l:: il ezieat 1o which couplaiasila neked s s In I‘hu:‘r’lm hul‘lguy“ual vulyu“l‘u!mhr . |n-. :nluh.h Dy this sétion, %54 the ity fiom oliatn: | Lave b-;n y ofilcers oty reven| . AL 1 8 moans whic <l T Uidge Dickey—Not quite that; there was s qualifcan prevant tue can o vols, Lut | jug el are uocoatary in orderto carry | ehartor by the Clty Governw t, sl o Ubaucallor that kind withoat belug case of oluts aud pressing lon, ¥ 0d 1ha original fu- }lun liad cowe 10 a dual c.riogy aud (e facts slieged Lad Leen proved onght to act iu & watter ol Vofy sure. that i ctiua or uot, when the cau @ Lawrence did not beed the iaterruption, but ) Weiit 01 10 eay thiut Mr, Goudy, with & U 1 pa exlgoncy, True, i {s allegod here tLat it {s s enlire) o8t enormious thos wblch b dld uof crdinarily exnfuit Ju- | wers “wis mo'" douth "thet e Vonet | Frabairas otctlom 1 but i eiter tiet 1l fraudu. | the fucht ot als "u-.&nnu and depict Lave lntorfercd sud st saide ke eloction, aud | leud alection should be set seida Ly olher misaus than s | like ® conteat fuld evils that ware Lo couss upoy tha city. tle orlglual charter have romained fu force s Bo that, | resort tos coust of squily, thau that the wheels of | elction his been ot -“ Ta m" Alllllluml{—u\hoeltyw; o tequited | whetlior sutitied to the l‘x:euneunn or uot, &8 againat | the City Govarnmeus should be impedsd futheir [ but E say 4 fo Jusue the Mautical ‘coures “which ~Judge | what the geolloineu tarined 4 the miandstest thyiaw, | moveusut, 1, g ;:u ‘a aiowld deera it hls due | the complaiuauta wers cartalnly sutitisd to some relicf A THOIRD REASON bt 00, I Bl Sony b8 | el Bl e i | S s b s epstts iy | BE S I . (Lfas It fe against the policy of the law ordiuarily—! e ,muu oppusidua of srguincnts Latensd to Wednes- | whetlier b k of the ox l-‘llnm’l cancs herasftor—to I.n’u: sun DIOKEYS ToBITION, Tit: JURISDIOTION OF A COURT OF CUANCERY ‘eatious by the procass uf injunction, ‘was much niors Like thoss cuses than any othersi and I 1hink sostill, This {s 0ot & case whiere there 1 been vated upon ; And the theary of the the adoption of ibis cliarter would pros duce & very great uncertalnty, # vury great change, aud that [e law Lad by B frauds, slection _alaolutsly fuyaltd, 14 Letweans individusle whers sn 1 il slucti :;:'mmr.’ 3 By sal clusa of sluc erouce (0 coll lan -nym.ud,:. 1 do nol claim that it 18 exatly T A CABE CAX DE MADE OLT 1t this biil has not wade it, whers tie Court would the opivion that ¢ dormen CUULD FULGE THENBELVKS OF CONTRMPT by ropealing sll aotion of the Monday eveniog sesaion. The Mayor replied {List it was impossis ble, au bie bad airesdy signed it, Ald. Quirk re- spondod that the fact of bis mignature could not preclude them from purging tho contvmupt if thoy 80 saw ft. The Mayor assorted that if tho Couueil should take aay such action be would wost certainly veto it. 1ls did not believa that the Aldormen or himsolf bad beon guilty of any contempt. It tho injunotion was jllogally ued, then there could be no coutompt, for the law pointed out dwtincily the courso of tho Council. Furthermore, ho dud not believe that Judge Williams would econdescend to notico their od, but a cate whoro & in the frst place, and Leon puased whic] Teuderod was pot for a certain offico} resaisbles the was oustad by the uew provisious of the statu ‘Tha fourth re.son will not grant tuis present | Liave the right to tuterfe: uotwitbstauding our state Tudge Dickey—Your stateisait of muy poaition la nob | wes Eecisiuly true that, budependeatly ol '.‘am'.f (nhactton 18, Tort T tBAAk 15 will be ‘houe trme befors | uiey—s et auuid Bt auid would mop | S0K108, ‘ZXE:““’“‘"‘- "“:h"“‘ I{'“'}] vor ".‘E‘h"{ Jocordauce with 1y visws, the Jurisuiction was unioulable ia suslogy to the Toeant anotier injunction uniass 1 Rave tha powes 0 | reach. If the Court would have the right ta (uterfers | H038Y. Tho, coursa of the elty, ho saic, B& Judge Lawrsuce—I wudorsiood you to atats dlatluct | decided by the Supreme Court i regard to slectivs | wake this uue respested, upon 8 proper Thou e Court would bavethe | been polnted out by lawyers equalir woll vorued 81 that would be 1Be substance of your advica, for the rowoval of county seats, Was thare anye | This disposes of the question in regard 4o the grant- | right in this case to procesd 1o punish the partiss for in law as m{ Judge on the Circuit Boook, and it udge Dickay—y posliion s (L s Gob wans s3to be | thing o the proviaivus of ihs slatuie erest of the presand Lojunotion. @ violalion of this injusotion, even though Ak bill be polnted ous thecourse they did, the Aaey had ol Allarmen wonld not have taken the action which they did. Homebody then proposed that they ad- Jonrn to the court for the purpose of obiaining Reate, and accordingly they marchsd in doublo flie to the alresdy crowdad court-room, whe™ thoy ware sandwiched in among the othare, Mavor Colvin taking & chair to the left aud ao- deruoath the Judge. 1Y THR DECISION < of the Judge tha clty is mow under the lunrro- ration st uf 1472 The Mayor's bill aod the Kaloe Tax Lill are its only amendments. meceasary pa The f ’E’ny noder e Mayor, ro- corded In ths Recorder's ofes, and .y" now awaiting the nignaturs of the Secretary of State. Do it for good or ill, no Gouneil hiaa ever had such unbounded privileges iu s cliy the alze of Chicago, —_—— COMMUNICATIONS, YLECTION ¥NAUDS. T the Citizens' Association: Cuicago, May 6.—~The frauds perpatrated at the late town and charter elections point with unmistakable fingers (o the necessity of more stringont eloction lawa, if not an entira ramodal- ing of the fraachise, aud ite reatriction to those who can read aud write, or to thoso who have & spacificd amouut of property. If taxation and representation go togethier, why aliould not the untaxed go anrepresentsd in all eloctions Laving for their object the vating of apuropriations, or the aclection of porsons to administer tho publio financos? As it now s, or was at the town election, a fow thieves, tramps, and gamblers, with neithor property nar name,]ride from precinct to pre- cinct in an azpress-wacon hited for the occasion by some unscrupulous politician, and repeat enough votes to placa in office a met of dishonest rascals, who for a whole year exerciss the most extortionate lordship over the property of 500,- 000 people, No tyraut ever mounted a throns with less opposition from tue peopla tian dis- bouest Tosn Colluctors aud Axsassors got into oftice right Lefure the eyes of the smariea: Luai- ness men In the worid—men shrewd enough to amass millions, and dotecs the alighteat irregu. larity or tasft in their own countiug-roviws. Thexs men, who wonld ssud s diabivnost cierk to the Penitentisry for sloaling a fow dol- Iazs, neekly allow a raacally not of Awsessors and Collect:a o aunually rob thom of hundreds and thoussnda of do.ara rather spend ten minutes of one dav in going to the poils sud votlug rascally candidates down, So loug as good men fail Lo vute rasca.s down the Iaws will Le conntrued, 88 the Aldermen are dowg, to vote rascals up, New Iann are needed; for in4iance, ope ro- quiring qualifled votors to cast a vote st esory eloction, or, in case of neglout or failure to voue, witbout sutlicicut cause, 1o be disfranchised specified period, A penalty [or non-voting st 1m- pur.ant eleciions woult euliancs the valuo of the franchiee, Anotlier faw of great impoitance is surzented by the quorum-clause, which pro- tecta tha peopio agamst tho hiaaty passsge of 1n- jurious 1:ws by & small minority or fraction in tLs Legislature, 10 this provision is & wiso and necesuary one 1n the case of & Natioual or State Legiulature, why not equally so in a county or largo city ? 1'ass & luw that no town or city elec- tion shail be considored valid at which at Jeast & majoriiy of tha legal votes are not cast, and we sliall hesy 1o woto talk abous busincss-mon not twuing out to the polla. If quo- rum bo roquisite to & lemwlative act why mnot s quorum (masjority) _ of votern to givo valid.ty to an clection? If a Bargrant-at-Anina mav summon absent mom- Lera to wmans up & Lugislaive quorum, why nat Mayor summon & quuril of good citizens to attend an e.cction 2 Tho uezessity of some such provisivn in the laws to eufoice tue attendauco o1 goud citizons at tl.m;mll! 18 bocoming tors spparent avers day. 1f neither patriotistm nor ide of citizensbip will prompt mon to turn out aud guard the polls from such frauds as wera discloned at tha Iate clection, then lot the Citi- zens' Acsociation securs thio pasaags of Jams im- pasing ponalties (dinfranchisoment or fiues) for non.voting, aud declariug any election null and void at wiich the agg-*zate vute cast did not equal the mzjority of auly registorod lexs! votes of tho ward ur district. Judyes abould ba vosted with aotiiozity to summon a quoruta (msiority) of vute:s requisite 10 g.ve validity to ltlhe ; eéec- tion. ALDERMANIC BALLOT-BOXBS, To tha Editor of The Chizago Tribus Cutcago, May 6.—For ono I am almost glad that the state charter election resulted aa 1t did, and it will not have cost too wmuch if the beiter clags of citizens shall bocome convinced, as never before, that tha ballot-box noeds new snd strongor safegu: —tlat the suffrago abould bo restricted rather thsn enlarged,—if they woutd preserve their political and property riguts. Notbiog, I repeat, short of frauds 8o glaring and audacious would have arousod our morchants, bankers, and professional men toa just sonse of the danger which threstens the Becurity of their property and political institu- tions. Now the criminal and vicious clagses have come to the front,—stiown their fi'thy Landw, and what 18 more, shown who stand back sud support them in thoir diabolical work, the cor- ruption of the hallot-box, tha laat refugs of A }ree peaple sgainst opprossion and musrulo, ‘Tha Alderaien rathor ovorsiot the mark when, in order to spite the Citizena' Association, they gathered all the crimiual classea of tho city un- dor their wings aud then drava the filthy Lrood {nto places which the blood of patriota Liad con- socrated to s pure and lLonest Lallot. Whom the pods would destroy they first make mad, and bere Aldermanic zeal overdid its pernicious work,—tho vary ballot-box it which theyhoped to hide thair crimes becamo Aldermanio in its pro- portions, and *‘told™ on them, aud suol & talo of corruption and fraud has never yet beon told a8 witl Boon be rehenrsed to uuwilling Aldermen by the honest sorvants of an outraged poople. In future, sbonld any of the present distins goivhed Aldermen be call d upon to “figure™ in en eloction with the avowed purposio of “rearrying it," they will do well to heed our adyice aod procure ballot-boxes of sulliciont cxpacity to contain all tho batlots which may be nnn(n{ aven thoagh that number should ex- ooed the 200,000 ordered by the Qounoil at tha last election. Small boxes sre soon filled, snd tho ballots are apt to get compressed into tuuches or bundics, which looks bad when couuted in prosence of spoctatara, It would be adv.sable to furuish the boxes with fal bot- toms, admitting, at will, of enlargsment or con- traction.—a device which might be more adroitly employed by the gamblora than portly, leas nimble, Atdermon. Ossxiven. JAY GOULD'S DESIGNS. The Gigantlc Schomes of tho Great Operator. New Yonx, April 20.—To the Flitor of the Daily Graphic: Ara the public awaro of the full jmport of the gozalp current in Wall strect concerning Jay Gould and bis desig: Thiy man 1a crodited with more enormous schemea than any hie has yet undortaken to accomplisl, aud the realizing of all these projects would con- stituto him tho greatest apeculator on tho plauet. In addition to the ownersbip of tha Union Pa~ cific, Pacific AMail, and Atlantio & Pacitic Telo- graph, Lie is now ganerally eredited on tho streot with tho intentlon of speodily controlling Chi- cago & Northweut, Lake Slore, and Erle, sud aven Westorn Union, 1t is easy onough to talk and write about theso things, but conaider the tigurea for & momeut. I'le Tollowing ls & rongly atimata of tha capl- tal nacesuaty tur the control of all theee corpor- ations. Tleir presout valus may bo resched thuas Present valus, $ 28,420,000 36,800,00 23,800,000 28 2,600,000 s 32,600,000 Cufcago & Nortb-| ‘westurn, contavn,| 18,000,000, & 6,300,000 Cidago & North westorn, preforrod| 91,000,000 &5 11,200,000 Now York Tribuus 10000t .. 1,000,000 Yacldo oo 20,0.0,000| 43 9,000,000 Tolals... 1,000,000 $ 150,00,000 tao-thirde of {hiv $1563,00,000 would more than suflice to control all of thoao corporstions, it tay bo uafoly ostimatod that with about $100,+ 000,000 the Gould elijuo coisld do adthoy pleasod with sach and sll. Eigbty million doliats evon would be chough-~as tho posseasion of ouly s littlo more than half the stock gives & controle ling intorest, With that sum, thon, Gould could plav tha doupot over the transportation of tluy couotry. ) 1t fu waid that Vauderbils eold oni most of his fntorost iu Lake Shoio afier the yanio, and sac- ritlcod Lis frisuds to sava bimwelf. o, accord. jug to wowe suthioritios, gave lis frieu “paluts,” tollowing which' they ruined them- solvos aud saved Lim, though kia loat §26,000,000. 1t 14 thought his coufoderatos lost 70,000,000 at least, 'Fhe sufforory included Lis own relative: ‘The theory i still maintaed that a Gouls ocowbination axists, which involves a through line S from Omaha to New York and a line of stoamors from New York to Europs. Thus, with Union Peaifio and Pacifie Mail, this astute operator would control the main ehiannol of travol, traflie, and transporiation from Hong Kong and Yoko« Lama to Europe, mora than half round tha globo, Does sny one bel that he can carry oul this sche resking down? Will he not ba like the Irishman who put green apectn- cles on bis horao to make Lum think that the nteaw st before him was fresh-mown hay, and noon found the animaldying; *full of faits,” to be sure, but quite scant of fodder? Is he Naspoleonic enaugh to keen np the feith of hie followers through some of the campaigns that mumt be planued and fought befors he sccome plishes all this work ? Gould's pew afiliation with 8. L. M, Batlow and otbera of the solidor men of Wall straed nhowa that finance, like povarty and polltics, sometimes makes ‘' stiange bed-fellows,” Two years ago the magnates of the strest wonld nob apeak to Jay Gould, aud now, one by one, they come tuto conforence and cuslition with him, Truly, the “:mnnacu of the great tranaporte= tion linos of tha country ara gloomy, when the; hiave becama the pray of 8 man who has show 10 say the leaat, leas consaience than any other prowi ueut apeculator this country has produced. — MISSION WORK, Meeting of the YWomen's Raptist Mise slonary Seciety. The Fourth Annivarsary Exercisss of the omen's Baptist Missionary Soclety of the West commenced at the Michigan Avenus Baptist Cuurch yesterday morning. The attondance was largo, mombers beivg pressut from mont of the Western States, tho delogationa from Wiscunsin, Alichigan and Liinois baing unexpectadly fall. The moeting was callod to order at 10:30 o'clock, Bra, Robert Mairis, president, in the chatr, Mrn, Brayman acted as secraiary, as- sinted by 3ra. J. G. Hammond, of Highland Park. After the usual devotional exercises, on mo- tion, Mra, Goss, Mrs. Walker, Mrs. Crosby,and Mra, \Ward were appointed a Commities on Ln- tolment. Mra. Tillinghast delivered an address of wel- come, which was responded to by the Presldent in s few well-chossn remarka. FINANGIAL. The report of the Treasurer, Ars, B, M, On- good. for the yesar ending March 31, was thea pressutel and accopted. The report showed that 911,505,652 hal bLeen recolved from tho so- cletien of the naveral Ntatea during the year, snd that #11,175.20 had been oxpendad, lesving & balsnco oa hand of $330. T'nocxpanditures. in part, wera as folloa: At Bassain-Karan, $333,01; ‘Tonugoo-Karou, $1.036.25; Hentheda-Bur- 1ah, ¥1,000.84; Ramapiatam-Tolaozoo, 91,908,03 ; Nallore-Teloogoo, 81,630,235 Assam-Nougong, $1,390.85 ; China-Swatow, $560.62. The largest raceiptas for the year wore from Illiuois, 2 .’4:1.9!. and the smallest from Ocegon, be- ing §1. OTIER REFORTS. The Doard Report on homes work was then made by Mrs. A. Bl Dacon, Assistant Corre- apouding Becretary, Mra. C. I'. Tolnan, Corresponding Becretary, made the report on the foraign work. Doth reports were accepted and raferrod to the following Committos: Mre. Bwift, Mrs Mallory, Mra, Ashmore, Mrs, Stoll, Mra. Lewls, Mrs. Gotiaball, Mrs. Staveus, and Mrs, Bescher, A half bour was then given to dovotiooal o: arcinon, aftor which she body adjourned to par take of a bountiful collation which had boan provided by the Iadies of ths clnrch. The Society convened at 2 o'olack, and was openod with raligious sxarciios, "l;ll:a first oider of businsss was the reception of the EXROLXYNT-COMMITTER'S REPODT, which was read and the Committes continued, The seport was as follows, omltting tho nsmes of the iadies prosent from thoclty : Mre, Ashmore, Culos: Mre, A. K, Scott, Assem | Mrs, Leavitt, Cinclunati’s sre, Swlft,” Aurors ; Mrs. Dooiltule, Liarine s Mra, 'C. Leach, Galesburg; Mrs, L. Poiter, Chznos ; Mrs, Brearly, Mes, 1. 'C. Mallory, trolt ; ‘Mre, J. Huntivgton, N Heott, Cl and ;M W, olds, Mendota s 'Mr flodze, Mra, W, Mors Danlels, Mra, £ Goodrien, Kalamazoo, Mich.! Mre, K. A Wendell, Keno frs, J,- R, Doalitile d Miss Dooliitle, Ractne ; 'Ars. L.’ A. Moer and Miss Jenuie Crapaer, Evanston ; Mra, Dishop aud Mrs. Houghlon, Mrs, Iammond, Highland Park; Are. A, E. T, Tolard, Mri, Brigham, ., 'Nichols, Mrr, lough, Aurors : Mrs, Wallace, ltacine; Mers, 8, G, Titteriug, Oxford, Mich,; Mrs. M, L. ks, Handwich: Mien H. M, Bettys, Osford, BMich.; Mrs, X, J, Oatmau, Duudea; Mrs, Eldre Grrdhgr: Mrs, Minot, Bauduskys 3re. Looth aad Mise ITglenert, 3trs. Dr. Osgood, and Mrs, hort, Evanston Mrs, Leach, Gslenburg; M Dr, Gibte, Evanston ; Mre, Tyler, Wighlsnd Park; Mrs, Bo; ot eand Ttaplde Ramick, ; Mre. J. E. Bkinner, Evauston; M) X Racing Nichols, : cn, Mre. 'Adwms, Miry 8, Itorrison, Holly, Mick, apolia; Mes, A, L. Farr, s, Wheaton: Mrs, a0 Miss £iah, ¥oz Take, W Ailes, Rewanco ; Misa M, Powall, Sandwic! E, P.'Dell, Mincak; Mrs. Robert, Milwaukee; Mre. Manning, Beaver Dam; Lizzie SBmith, Galesburg: Mrs, Munson, Mrs, Goebel, Evauston: Mrs, Wi fans’ Athmore, Bwatw, China; P. 8, Asamors, Pravi dence, 11,3 Mes, J, D, Cole, Highland Park; Mrs, Tillinghast, Mrs, C. ¥, dray, Mra, N, Mesd, Mrs, Bates, Evanston; Mrs, Morrell, Mis, A, X, Hsll, Engles The Committes to whom hLad been raforred thie Board reports saked for furthiar time, which was granted. MISOELLANZOUS DUSI¥ESS, On motion, Mrys, Doolittle, Ward and Austin wote appoiuted A Comumittes on Reaolutiops, and rs. Bwift, Drooks, Habtill, Taplay, Lesvitt, and Paters, a Committes Lo nominate officars for the Bocieiy for the ensuiog year. By lnvitatlon, 3Mrs. E. C, Mitchell resd lengthy and iuteresting papor, which hed been prepared at the iustance of the Board, roviowing the history of the Soclety. uTuu paper was orderod printed for distribu- on. Mra. B. P. Scott, Iata missionary to Assam, who was compolled to return_on acconut of hez health, and who has sinca heen in the empl of the Bociaty in the West, submitted a ropo of her Isbors in Lilinois, Olio, lows, Iudiana, and Michigav. Thie roports of the seversl Siate Socretaries were read, showing that the missionary work wae betug pushed vigorously, aud that the oul~ look waa brighteniug on all sides. Mlss Dauioly, State Hocretary of Michigan, oo account of ill-health, tendered Ler resignation, which was mccepted with rezret, Mrs. Tittors ington was appoiuted to fill the vacancy. Mra. 8 K. Lesvitt, Biate Hecretary of Ohio, alao tenderod hor rosignation. Mra, Larker, an ex-missionsry, read a come gandmm of the revortu received from the State ocretarien of Indians, Minnesots, Jows, sod Colorado, who wera unavoidably absent. "rlu uozt order of business was the discaseion o “PLANS FOR MOME WORK," led by Mrs. Leach, of Galesburg. The discte sion spiritod. and the interchauge of thought L festly Lighly mppreciated. ‘I'ho afternoon eocsaton alosod with the reporta ot Circlos, Tlia evening acsalon was given to addre upon the noeds and importauce of mlulom"v work, ‘The Rev. Dr, 3loms aud tho Rov. M. Halgb, of Galesburg, wera the principa npe‘ukarl. 1) sty reassembles this morning at 10 o'clock, and will close {ta labors this evoning. SPELiINB-MATCII AT EL PASO. Corresrondence of The Chicago Tridune, Et Paso, Iil., May 2.—The apelling manls has, at laut, reachiod £l Paso, Last night the Bap- tiss and Presbyterisn Buuday-schools wore matchod. The coutest lasted three hours, re- aultiog in a pignal defeat of the Presbyterians, they misslug 7 por cent more words, sand their 1ast soldior—3liss Hagne—going down when their sutagonista could still mustora corporal's guard ormore. The Presbyterian Captain, Dr, Lammo, was varquished by ** attorney,” which, be aver- red, contained no**e," + Billot-deux " wasoffored for * billet-doux,” and * forril " for “ fersule." Tho Rov, Mr, Adama kuew s0 littlo of the '*bal. 1ot " that Lo failod on the worl. Joif Bieinbach ¢ hlcoup "-ed badly; and a ludy was batked in her efforis at ** {nu-l ue,” Deacon Mlchinuey evidontly did not understaund ' Lygiene,” and Min. O'Brion was Laaly put out o *syrings, ciriuga " in her Liauds, 3 ¢ kaleis “arop;" ialidascopo 1" t “ usuraigla * without the last ** Odor "' was given for “odor,” and * notariel ™ for * nota- Tial,” Eldor Gllbort got **wcalluped,” and Elder ‘Adams again wens to 5rase on the wozd *‘mare chi 3 lfi:‘t‘n Captalns tripped up on * ruche;™ and, take it aitogotuer, » sood deal of very pom ing was douo, though fow voomed' de tand " tho ulglit out, and almost vucoseded. oagland, Tha prizo was carried o by Alrs. H sad woll doaarved it was.