Chicago Daily Tribune Newspaper, June 20, 1875, Page 5

‘THE CHICAGO TRIBUNE: SUNDAY, JUNE 20, 1875.~SIXTEEN PAGES. 5 excellence is observed in other cases. Waosrz, with 42 for ‘discipline,” averages nearly 40 altogether; ©. W. ‘Wrasse, with 87 for “ discipline,” averages 39 jn the other four departments: Thezo results are offset by others. Barpwrs, who has 40 for « discipline,” averages but 18 under the other four heads ; Exroxneap and Rocens, with 10 and G respectively for discipline, average 40.5 and 84.5 in other devartments. Youxa, who bas 2for “ disciplive.” averages but 8.5 in others. ‘There in, therefore, nothing to warrant the ss- wumplion that turbulence, disobedience, and reckless conduct indicate genius. The most brilliant record is that which hag the most uni- form exoellencs. ‘Three sonsecutive paragraphs in the Japan ‘Mail, translated from the heathen exchange list of thst publication, indicate that free-thought is making rapid headway in the land of bamboo- pole jugglers, top-epinners, and hari-kari. The first of these items is acalm discussion of the value “of torture in extracting infor- mation from tbe defendsut or witnesses in criminal trials, written, probably, without ref- erence to the Brooklyn scandal.. The writer nar- rates an anecdote in which he asserts that the infliction of torture upon two good aud trae men ceused both to confess a crime they did not com” mit, and proceeds to how that this is quite like- ly to defeat the ends of justice. He would not have the rack, thumb-screw, and wheel estirely dispensed with. especially in cases of s doubtful character, but thivks the evidence extorted by them should be accepted carafully—put on a footing, perhaps, with that of medical experts in our country. The second article treats of the- atrical reform, and is brilliantly original in its line of argument. Theatrical performancos have been givev daring the day, and this has taken a great many able-bodied men from their proper svocations,—plowing, coal-hesving, hod-carrying perhaps. The Tokio Fn will not ailow night performances, and the writer of the erticle proposes to meet the emergency in an- other way. ‘‘Females,” says he, ‘are not so precious that we cannot spare them to become "and adds that such a calling is pref- erabie to that almost invariably ‘adopted by the daughters of the poorer classes. Ho admita the danger that society may become demoralized by the number of actresses let loose upon the com- munity, but fancies this the lesser of the two evils. If this ambitions reformer had but the benefit of an American experience he would ‘know that the admission of ladies to the stage aid not prevent young men from aban- doning the pursuits for which they were best fitted to go upon the boards. Tae third acticle is leas promising, but is curious never- theless, “Aman vent his servant to a friend ‘with a newspaper, but the servant took it to the ‘wrong house. The person who received it, mis- taking it for a Government notificstion, pat his name on it and sent it to his neighbor, who did the same thing. ‘The newspaper went the round of the whole ward and came back to its original owner indorsed by hundreds of voters. Civil- _isation in Japan, it will be understood, is mak- {ng itself distinctly felt. By the time tho Hochi . Shimbun can be resd by a large number of sub- acribers, cross-examination of witnesses will Probebly have beon substituted for breaking on the wheel, und the able-bodied Jap will have been eont back to the tea-garden, while his lady- Jove appears at the matinee behind instead of in front of the curtain. ‘ —__+——— The mania for discovering aged Declarations of Independence bas broken out again, this time in Kentucky. The original draft of the Declara- tion put forth by the people of West Fincastle, a own then in the Colony of Virginia, is now in the possession of Col J. M. Bsows, of Louis- Ville. It is not 28 old as the Mecklenburg Dec- Jaration, though it precedes the Philadelplis one, but it is genuine, which is better. It is ‘very rebellions manifesto, indeed, and ‘tis a pity ‘that it was discovered too Inte for a centennial. ‘If this sort of thing is to go on, things will come to such w pass that no well-regulated State will be without its own Declaration, each of them santedating all the rest, and all of them together showing that Jerrrsson plagiarized all the sen- tences, and words, and punctustion-points of _ that litele paper which Congress adopted July 4, 1776, OBITUARY. ALBERT CLARK. ‘The New York papers record the death on San- day last of Arsenr Crank, who bad attained a ‘wide-apread reputation as a hotel-keeper. He was born at Wilbraham, Masa., in 1811, and com- ™menoed business life aa aclerk and bookkeeper Zor s prominent cotton manufacturer in that Btate. In 1840 he went to Boston and assomed the mavagement of the United States Hotel, during the course of which he became widely and favorably known. In 1850 he removed to New York and took charge of the Howard House, re- zaaining in it five years. In 1855 he became the proprietor of the Brevoort House, in which he won the highest, honors as s landlord. The Boringfield (Mass.) Republican saya of him: «He was pniversally respected, thoroughly kind, ‘a good friend, and possessed the sterling charac- ter and good business sbilicy which enabled him ‘to stand first among bis guild and to win golden rewards for his intelligent enterprise.” ‘ THOMAS H. SELBY. The San Francisco papers bring the intelli- “gence of the death of Tsomss H. Sensy, who has been ® prominent citizen of that city for twenty-five years, and ons of the bast Mayors it “has ever had. His early business life was spent in the employment of A. T. Stewanr, New York. Tho gold-fever of '49 urged him to Cali- fornia, He located in Sau Fraucisco, and almost immediately founded the honse of Tomas H. Sxutnr'& Co., engaged in importing metals and merchandise from the Eset, and in this bosiness “he remamed until the time of his death, He served ag an Alderman in 1851 end ’62, and in ; 1869 was elected Mayor by the Independent Tax- payers’ party. During his term of office he signalized himself by thwarting several schemes of corruption and never putting dollar of tho public money in his pocket, his whole salary hayv- wing been donated to benevolent institarions. Concerning the various offices he has held, the Chronicle saya: ‘Mr. Sxupy has been identified witb numberlesa im- Lane municipal charities and public institutions. was President of the Merchants’ Exchango and iret Lresident of the Industria School Azsociation, the buildings for each of which were erected under his supervision, He was President of the Board of Tras- ‘tower on First and Howard streets, and tbe silver and Jesd exnelting works st North Besch, Latterly, Ms. Brusr bas figured as one of the Lice Trustesa, SAMUEL GABDNER DRAKE, - Tbe venerable’ historian ‘and antiquarian, “Baxvet Ganpyes Duaxe, died rfvently in Bos- ton. He was born st Pittsfield, N. H., Oct. 11, 1798, and in early life waa a teacher. In 1823 ‘he opaned an antiquarian book-store in Boston, the first of its kind in the ‘country. His first publication was Cuvecn’s ‘Entertaining His- tory of King Purrze’s War.” In 1882 he printed his “ Indian Biography,” and in the following year his “ Book of the Iodian,” which has now become a standard aathority. His remaining ‘works on Indian history are ‘' Old Indian Chron- icten” (1836); ‘*Indian Captivities” (1869); and “A History of the Five Years’ French and ‘Indian War” (1870). He also msde some im- Ports; contributions to American history, | amcng them a “Memoir of Bir WaLTEn -Rarzzan" (1862), and ‘Annals of Witchcraft in the United Btates" (1869). He was the Presi- dent of the New England Historical and Gen- ‘eaiogical Society in 1958, and was one of the founders of its Register. His son, Faaxos 8. -Daaxg, is well known ss the compiler of the “ Dictionary of American Biography.” ‘Close upon the dasth of Mr. Daaxx comes the ‘Bows of the death of Caanixs W. Uream, of ‘Malem, Mass., who was alsom noted historical ‘@utbority. His great work was his history of alata wilchoratt, which be began writing 40 years ago, while pastor of a church in that city. The Springfield (Mass.) Republican says of bim: He delivered in the course of his life several me- ‘morial and historical addresses, published s life of Fre- mont in 1356, was Msyor of Salem in 1812, and mem- ber of the Thirty-thard Congress and Representative at various times to both branches of the State Legiz- lature, Mr, UpHaxt was born io St, Joba, N. B., in 1802, his father, Judge Josava Uruax, of Brookfeld, having fled to that province on account of bis Tory sentiments in the Revolutionary War. Young Urgau foon returned to Massrchusetts, sa be graduated at Harvard in 1621, PERSONAL Chief-Jastice Charbonnet and family, of New Caledonia, are at the Metropolitan. James Tarver and daughters, the Misses Ssrah and Jennie, arrived home from Europe or the 19th inet. 7 : Bishop: McCloskey, of Louisville, and Judge Stanley Matthews, of Cincinnati, sailed yester- day from New York for Europe. The new “ War of the Roses” will be conduct- ed by Gens. Daly and Shook. ‘Rose Michel” is the flower of the field of battle. Somebody's trying to wozk up an anti-British feeling in Russia by circulating the rumor that the Duchess of Edinburg is ill-treated by her husband. One in nine ig tha proportion of divorces to martiages in Connecticut. Who can say that Woodhuilism is not revolutionizing the wooden- nutmeg State? i Story'a statue of Liberty for Philadelphia is 21 feetin height. Around the pedestal there will be forty-sight female figures, representing the States and Territories. Helirigle is the name of a Columbus man, and he would claim relationship with = pretty New York actrees with fine teoth if he wae not afraid of making it too hot for comfort. Col. Thomas Knox's new book will be ertitled “‘Becksheosh ; or, Life and Adventure in the Orient.” It’ will be issued by subscription by Doohy Worthington, the Hartford publisher. The demoralizing influence of the Beecher wickedness is everywhera apparent. More men ean be heard saying ‘* damtbeflize " this sammer than ever before.—Louisville Courier-Journal Mr. James Turner, of the Board of Trade, has returned to this city after a six months’ run over Europe. Enrope, ho thinks, is a pretty big place, but it can’t begin to compare with Chi- cago. A young man named Hinkley, of Gardiner, ‘Me., was shot accidentally a year ago. His mother and ister died of overwork in attending bim, and he has now died from tho effects of his wound. ‘Two editors are now living with bnilets in their heads. Inalarge number of instances if you wanted to reach an editor's brains, shoot him when his back isto you. And shoot low.—Ez- change. 7 A San Francisco bridegroom had his initials worked in flowers on the bridal arch of the church. The flowers were bachelor’s buttons, and were probably placed there emblematical of his undoing. If a newapaper went into the business of ad- vertising liquor, great would be the indignation of the public. Mr. Daly has introduced an en- tire scene into Bonanza” with no other appa- rent object. Johnny Schock, of Bucyrus, O., had a finger cut off at the machine-works, and the Cincinnati Times wonders how the great tragedienne can play Lady Dedlock again, with oaly nine fingers. Bhocking bad joke. W. ©. Leslie, ex-cashier of Duncan, Sherman & Co., of New York, admitted the theft of $25,000 from his employers. By some mysteri- ous folly he gaye $18,000 of it in cash tothe woman he fived with. W. B. Taylor, of the Wenons (Il.) Index, was married on Thursday to Miss N. A. Hates, daughter of Daniel Bates, Exa., of New York City, by the Rev. Dr. Armitage. The ceremony occurred in Now York Mr. A. L. H. Minty, Assistant Cashior of the National Bank of Illinois, has returned to this city after a two years’ absence in England. His visit was 8 very pleasant one, and beis in the best of health snd spirits. People who want toknow all that Bowen knows shonid proceed to examine him st once. He ts going to Woodstock, Conn., onthe 24th. Henry, suppose you write another “ Woodstock letter,” telling all you know about this matter. A msn-up the lake wants to know whats “holocaust " is. As near as we can make out from an Omaba paper before us, it 16 used to make an article on the burning of s horse-barn read sort o’ high toned.—Detroit Free Press. Shurtleff College has conferred the D. D. de- gree upon the Rey. F. M. Ellis, pastor of the Michigan Avenue Baptist Church. Dr. Ellis is a graduate of Shortleff College, and delivered the oration at the late Commencement exercises. M. Falguiere, asculptor of Paris, received no commendation for his statuary, but won a medal for his painting, ‘‘Tbe Wrestlers ;” while M. Langon, a painter, obtained a medal for aculpt- ure, and was ignored in his peculiar branch of art. Among the candidates for admission to West Point are the following Illinoisans: 6. C. Dal- rymple, Frank L. Dodds, Arthur C. Ducat, Jr., Frank Eastman, Jr., Joho Jacob Hav, Charles MeClare, Victor P. McDowell, and Dwight E. Bay. . Eric Mackay is dead. Don's pass this item over as unimportant. He was the head of one of the oldest and most famous of Highland cians, and ninth Lord Reay tn the Peerage of Scotland. The title was created by the First Charles. re ‘The Nisgara hackmin has once more come to the surface. He drove a young conple tos clergyman's hozee, officiated ag ‘best man” for the bridegroom, drove the pair back to their hotel, and then called upon the clergyman to divide the fee with him. ‘What fear is there of the advance of rational- ism, or indeed of any iem, in England? The Lord Chamberlain, consor of the stage, bas cur- tailed Saivini's repertoire, and forbidden the performance of ‘Samson or other plays do- rived from Scripture bistory. Mr. Shute, of Brooklyn, not possesting the requisite nerve to shoot on sight the burglar who entered his house, was shot by the burglar instead. Moral: Never give the young mana chance. Kill him as you would s bed-bug, or you'll be gs dead as Mr. Shute. Aninventive genius in the days of Tiberius digcovered the sacrét of flexible giass, but the Emperor was ‘“‘long” on gold and silver, and thought the new glass would ruin him. The man with the fertile brain was consequently re- Jieved of ,bis head, and Tiberius took a trip to Brandusium—the Baratoga of the period. After s munister about 60 years old had mar- ried s couple near Christianburg, Va., the other dey, he wag challenged by the bride to a foot race. The ground was duly measured off, and the race was a bot one, The young filly got the Jead at first, but the dominio finally. came in ahead. ‘The proprietor of the only saloon in an Tows town died one night, andthe next morning, when the citizens gathered at the door and found it locked, with craps on the knob, they drank {rom the town-pump and went home a sorrowfnl lot of mourners indeed. Some grief touches ug all in the same spot. ‘When you find, from an examination of your Plate, ont West, that half a cockroach has un- deniably been sent down ahead of his remains, ‘beware and conceal the emotion the discovery awakens. Stir but one muscle, and the Coro- ner'’s Jury brings in a verdict of justifiable homicide, and the hotel-keuper is set free. Another jouroalist is 3 candidate for the con- gratulstions of his friends. Afr. Henry C. John- gon, formerly of the local staff of Taz Tarmunz, ia to be married on Wednesday, June 30, to Miss Sara A. Harris, of Washington, at the Church of the Epiphany of that city. Mr. Johnson has the oa wishes of the newspaper fraternity of this a INDIANA AVENUE, The South Side Railway Con- firmed in Possession of the Strect, The Supreme Court Reverses the Judg- ment of Onster of the Lower Court. I¢ Holds that the Amendatory Ordinance Was Legal. Dissenting Opinion of Three of the Judges. Under the New Constitution the Ordinance Was Megal. The following ie the decision of the Supreme Court in the case which involved the right of the South Side Btreet-Railway Company to continue operating the track on Indiana avenue south of Twenty-second street to the city limits, ‘The lower Court held that the privilege had been forfeited by reagon of failure to lay the track within the time required by the charter of the road, but the upper Court overrules this for reasons given below. ‘The opision, which is es follows, is written by Mr. Justice Scott: ‘That .a important property interests, as well as ie patile coavenignee, sip iavolved. in thle tlge- tion, is apparent, Elaborate snd interesting argu- ments have bean made, presenting the case in all its phases folly and exhaustively, We shall, however, avoid the consideration of ‘all questions having no di- rect bearing on the decision we are about to announce. ‘After all, in the view we have taken, the case is con- trolled by elementary principles that admit of but lit- tle discussion, ‘THE INFORMATION filed by the acting Attorney-General is in thenatare of uo warranto, is geucral, and charges the Chicago City Siway Company with the using and usurping of franchisoa without warrant, grent, charter, or authority ‘of aw. Despondents pleaded the acts of incorpora- tion, the several ordinances of tho City of Chicago suthorizing the construction of a railway on certain streets, all Hconses obtained, and‘allega ** The Com- pany has at ell times complied with sud fulfilled ull And eingular the requirements and conditions of all acts, ordinances, resolutions, and papers above men- tioned or uct forth.” Replications filed confined (he inauea to matters concerning the franchises on Indians avenue, and it is only sought to have declared « for~ teiture of the franchises of the Railway Company on that avenue, from Twenty-second street to thosouthern Units cf the cty. Bhortly atated, THE UNDIGPUTED FACTS appearing in the pleas toan understanding nocesuary of the issucs formed are: in 199 the Chicago Gity Railwsy Company was incorporated under an sct af the Gen Assembly, By the second section the corporation is authorized and em- powered to constract, maintain, and operate a single or double-track railway, with ail nocossary and con- yenfent tracks for turnouts, side-tracks, aud append- ages, in the City of Chicago, and in, on, or over and slong such streot ‘or streets, highway ‘or highways, bridge or bridges, river or rivers, within the presant or future limits of ‘the South or West Divisions of the city as the Common Council have authorized the cor- porutors, or any of them, or shal! authorize the corpo- fation sd to do, in «uch manner, and upon such terms ‘and conditions, and with such rights and privileges, as he Common Council hes, or mis, contract witn tho or any or either of them, prescribed, ‘Phe duration of the corporation by the criginal char- ter was limited to twenty-five years, but, by an amend- ment passed in 1865, it was extended to ninety-nine yeare. Under this latter act it was competent for the Common Conncil, with the written consent or concar- rence of the other party or parties, or thoir assigns, to any of tho contracts, stipulations, liccnses, or under- takings, fo amend, modify, or annul the same, An" ordinanco Aug. 2% 1854, upon the Railway Company conferred nuthority, in consideration of the acceptance of {ts ‘provisious, to construct, operate, and maintain a sin- gle-track railway, with ‘all necessary turnouts, side tracks, and switches, in, upon, ond along Indiana avenue, from Twenty-second strest to the limits of tho city, jrovided the consent of the owners of two- thirds of the property, by lineal measure, fronting on that street, should be first obtained, Under {ts char- ter. by the permission given in the ordinanea, the Company did construct its railway on Indiana’ ave- nue, from Tweity-cecond street south to Thirty- first street, completing the work in September, 13%, but had not extended it further south in the direction, of the effy limits when this Was com- men ‘Two replications stating THE GROUNDS OF FORFEITURE ‘were filed to respondent's pleas: First, the Radway Company did not obtain the consent of the ownera of two-thirds of the property, Mncal measure, fronting on Indiana avenue ; and sacond, tks Railway Company did wifes, wrongfally, and unlawfully neglect and refuse to coustract its rosd on Indiana syenue, from Twenty-second. street to tho city Imits,’ within fifteen months from the passage of the ordinance of Aug. 22, 1834, Respondents traversed the averments of both replicati ona, and for farther rejoinder set up an 1 ce ‘Nov. 1 1g71, amendatory of the ordinance of Aug, 22, 1854, by which the time for the completion of the ruliwayxo the city limits was extended for a period of two years from the date of the ordinance, and, in ease the Com- pany, thould be delagod by injunction gr order of Court, the period of such delay sould be sdded to auch extended time, and the right and authority of the Company to maintain and use its tracks then ex- isting on Indians avenue were confirmed for the time provided in the ordinance, Dpon the trial of the is- Sues of fact formed upon the first replication, the Court, although ruling the onus proband! was upon respondent, found thg consent of two-thirds of the property-owners fronting on the sveaue had been ob- tained within fifteen months of the passage of the or- } dinance of Aug. 29, 1864, and prior to laying dowa the track to Thirty-firet etréoty bat found the Company had neglected and retused to construct its railway to the city mits within fifteen months from the paanage of the ordinance, and pronounced judgment of ouster forthst cause, ‘To reverse that judgment the Bailway Company bring the case to this Court on appeal. BOTH PARTIES HAVE ASSIGNED ERRORS. ‘While the People have sesigned for errdr the finding of the Court that the consent of the ownera of two- thirds of the property fronting on Indiana avenne had been given to laying the track on thst street was ‘against the weight of the evidence, the Railway Com- pany insists the Court ruled incorrectly in holding ‘that the burden of proof as to that fact rested upon it, The doctrine of the casos on this subject seems to be in proceedings by information in the nature of quo warranto,—the people are not bound to show anything, The onus probandi generally lies on the defendant who must provo his titie aa pleaded, or such part of i aa istraversed by the replication, it has bee so held by this Court, Clark va, The People, 13 LiL, People vs. Ridgely, 2 IIL, 65. ‘Whether any exception to this, general rule obtain in cases where the uct charged to work a forfeiture jmplies s violation of a public law, or would impute to tho party crime that might subject him to punieliment on the ground” of the ‘presumption in favor of the defendant’s fnnocence, is 3 question upon - which ft fa toe ordinance, the Railroad Company tain the consent of owners of two-thirds of the prop- erty fronting on the avenuo to laying its track, How the consent was to be or whether it should be verbs! or in writing, the ordinance was ailent, All ‘written evidence of consent in possession of the Com- pany had beon destroyed by fire in 1871. Consent could bave bean expressed verbally, or 1t may be in- ferred from the acquiescence of olvners of property affected. ‘The ordinance under which the track was laid Was poblished, nnd a canvass made to obtain the consent of the property-owners along the line, Aftor the lapse of go great a period, slight evidence will be sufficient to establish the fact of consent on the part of owners of property. It was known to the public the terns upon wich it was lawful for the Company to construct its road upon that etreet. If thia litiga- tion was between private citizens, in view of the facta proven we should not heaitste to say that owners of property on that street would be estopped to deny that sage Weganding tbo burden of ‘proof os resting ut 3 g the burden of proof os res! nm tho Railway Company to establish the fact of consent, it can only be expected to make such proof as the natare of thecasois Gong open even against the demand of the People; sa we have seen sit written evidence haa song aince been destroyed. Consent in some instances moy have been given verbally, and all meaus of proy- ing it now lost or forgotten. The longer the delay that intervened, the more difficulty would be experi: enced in proving by any positive testimony the req site consent of owners of property. Under the ar- cumstances proven, and in view of the difficnlties oc- casionod by the destruction-of evidence, we regard the finding of the Court, that tho consent of ownera of property to laying the track in 1865 was first abtained, is sustained by the testimony. Were it a question’ of first improssion with us, we abould no doubt reach the sams conclusion. “Treating the provision of the ‘ordinance of Aug. 22, 1904, that the road should be completed to the city (mils within fifteen months as a condition upon which ‘the license was granted, the non-performance of which would work s forfeiture, we will next consider THE LEGAL RYFECT OF ‘THE AMRNDATORY ORDI- NANCE of Nov. 18, 1871, extending the time for the completion of the road, and aftirming the rights of the Bonpeny. Under tho act of 1865 the Common Council had authority “to amend, modify, or aunul” tha contract created by tha ordinance of Aug. 2, 1364, with the consent of the Railway Company, The Jimitation in respect to the time in which the road sbousd bs finished was a provision in favor of the city tosecure the public interests, and the law is s party may watve tae benefit of » statute where it contrs- ‘yones no matter of public policy, This right the city had indepondently of any enabling act, It was the sole judge whether the public exigency roquired an extension of time or any other modification of the contract, Had the State, in granting the charter, im- posed this imitation upon the Ruilway Company, no Gther person could waive the forfeiture arising from the non-performante of the condition, But thet is not the case. Here tho grant made by the city was in the nature of a license to the Railway Company to constcuct its road upon s certain street within a fixed perit ‘and we are unable to perceive any rosson why it co forma It fc itisfactory Tessans waive = strict ance, whe autboritien cited by counsel for 3} are ‘canes Whare the cohditions ware imposed by the act of ‘li. incorporation conferring the franchises, In such case the uniform rule ia, the State alone can waive s for- feituro of a corporate fi 8 cohsequent upon & Flume tocomply wih the conditions upon which i was granted. Had the condition inserted by the city in the ordinance becn contained in the charter of the Company, the case cited would be in point and con- clusive as to the law. Butin ‘the case at bar the graut fn the ordinance is not « franchise, but « mere license, 3 permission to construct s railway in a certain street within a Hmited period, A franchise, sccording to the definition given by Blackstone, is. royal privilege or branch of the King's prerogative, subsisting in the hand of the subject, aud being derived from the crown, must arise from the King’s grant. 2 Blackstone, Corporate franchises in the American States ‘emanate from the Government ot the sovereign wer, owo their existence to agrant, or, az at common & grant, and we, te aro ‘vested in individaals or & body politic ‘Tue grant or Heanso given by the ordinance comes within'no definition of a franchise. Besides a municl- pal body, it ia understood, possesses no power to cou- fera franchise, Davia vs, The Mayor, & Kernan, £06, ‘BRING A MERE LICENSE, under the franchises conferred by the State tothe allway Company to construct its road within given period upon ground over which the ‘city had exclu- Hive control. it cduld walve s strict performance of the condition, as to time, The license granted by the ordinance is no more a: franchise than would be a tof the right of way by u private citizens to the spany to construct its road vver his lands, and it fs ns competent for the city as for the private owner to extend the time of performanoe, or to amend, modify, er annul tho contract by mutual agreement. But itis said the ordinance of Nov. 13. 18:1, purports to grant “spacial privileges ” or ‘* franchises,” and is OID UNDER THE CONSTITUTION, ‘Auwo have before scen, there {a no authority for the assumption the Hoensé to the Bailway Company to Construct ita road on Indians avenue isa franchise. ‘Hlorein consists the Vice of the whote argument on this branch of the case, At most it was but a mero license, sndcomes within no definition of a franchise, nor Goes it emanate}{rom any source competent to grant a franchise. But more than this, it doos not purport to grant any ‘special privileges to the Railway Com- pany tbat would exelude o lke grant to any bther Company that possessed competent authority to construct s railway upon thatatrect, °° “Art TV., See. 22, of the Constitution of 1870, cited, ins Hmitation upon the power of the General Assom- ply to grant any corporstiou, assocfation, or indiv! ‘uel the right to lay down railroad tracks, or amend ¢7 isting charters for that purpose, but by no construc. tion can it be said to be a limitation upon s municipal corporation to designate certain streets, and Ax tho conditions upon which a railway company, organized ander a special charter previously grunted, or under a general law since the’ adoption of the Constitution, jight lay ita track. It is a misconception of the lew to suppose the Railway Company derives its power to construct a railroad from any ordinance of the city, ‘All ite authority is from the State, and is conferred Ly its charter, The city has deleguted to itthe power to aay in what manuer and upon what conditions the Company may exerciss the franchises conferred by the Biate, bat nothing more, The authority of the city in this regard is not affected by the provisions of the Constitution which inhibit the granting by the Gen- eral Assembly of any special or exclusive privilege, immunity, or franchise, Whether it is in the power of the Btate to revoko that authority is a question that doos not ariso fur deciston, and upon which we refrain from expressing sny opinion, Itis sufficient it bas not beon done by any provision of the Constitution, nor by any general law enacted by the Legiulature,” Accordingly we are of opinion the or- dinance of Noy. 13, 1871, amendatory of the former ordinance, 18 VALID AND A WAIVER OF THE CONDITION as to the completion of the rozd to the city limits within the period fixed by the first ordinance. Courts P with grest osntion in proceedings whieh bave for their object the forfeiture of corporate frauchisas, It is not every non-performance of the condition m the act of incorporation, or every misuser, that will for. feit the grant, A sutetantial performance acvording to the intent of the chnrter is all that is required. Pec- ple vs. Kingston & Miadleton B. R., 23 Wendel, 193, People va, Bristol Toropie Company, 23 Wende), 222, Tt ia not insisted there has been any non-compliance with the conditions of the charter of the Railway Com- pany or any misuser that would forfeit its franchises. The nou-performanco insisted upon ia as to the condition of the ordinance imposing a Umitation as ta the in which the failroad on Indians syenuo should be constructed to thocity limita, There waa a part performance, ‘The city reserved the nght, in case the public inter- esta required any of the lines to be constructed, to compel the completion of tho same within ninety days. It Idd no such injunction upon the Railway Company. On the contrary, it oxtended the time for the per- formance, and, by sn ordinance carative in its charac- ter, conferred thé righta of the Company on Indians avenue during the time provided in the ordinance, ‘For the reasons indicated, the demurrer to the sec- ond rejoinder, setting up the ordinance of Nov, 15, 1871, should have been cverraled, and judgment should have gone for respondents, Accordingly, the judgment will be reversed and esuso remanded. Judgment reverted, a THE DISSENTIENTS." .Chiet-Justice Walker and Judges Breeze and Sheldon dissooted, and the lattar filed a dissont- ing opmion, in which the other two concurred, holding that the ordinance of the Common Cone- cil of the City of Chicago, passed Noy. 13, 1871, was invald. This act extended the timo limited for the construction of the rail- road on Indiana avenue for two. years from . Nov. 18, 1871. After restating the facts of the case, Judge Sheldon said that the || ordinance of Nov. 13, 1871 purported to be amendatory to that of Aug. 22, 1364, and ax- tended the time of the completion of the road on Indiana avenue for thetterm of two years from the passage of the ordinance. Bat, since the adoption of the Constitution of 1870, the Common Council, the Judge held, hed no power to pasa that ordinance, so far as it gave the Campany any right to Jay down a railway. track on Indiana avenue. Bec. 22 of Art. IV. of that Constitu- tion provided that the General Assembly should not pass any laws, local or special, for granting to any corporation, association, or individual, the Tight to lay down railroad tracks, or. amend ex- isting charters for such purpose, etc. By the terms of its charter no right bad been vested in the Chicago City Hailway Company to use any street in the City of Chicago buat only such as had been authorized by the Common Council. The Railway Company received Dew special nighta under the — ordinance —of Nov. 13, 1871, If these righta © bad been attempted to be conferred by the Legisla- ture the act would have been. plainly void, as in yiolstion of the Constitution. The Common Counc)l could confer no greater rights or apecial privileges. An agent could not exercise larger power than his principal. Derivative authonty expired with the original authority from which it proceeded. The powers which the Common Council had, prior to the Constitution of 1870, to grant the privileges at- tempted to be conferred by the ordinance of Nov. 13, 1871, were inconsistent with that Constitution, and expired or were abrogated at ite enactment. It had been repeatedly cocided that 8 lsw conld not be in force in the Sinte, no matter when passed, which was in contravention of the provisions of the Constitution of the State. It was nat consistent wita the Ccnstitu- tion that a city ehould, by a ‘special ordinance, give to s corporation the privilege to lay down & railroad track in @ street whoa tho Legia- lature iteolf had been : probibited br tho Constitution from. granting by. & ‘Gpe- cial Jaw such’ 8 right, or to. smend existing. charters for such a purpose, aad to grant by special law to any corporstion sn7 ape- cis or exclusive priviloge or frauchise whatever. What were restrictions on the Legislature were restrictions on the Governmental agencies, ma- nicipal corporations. ‘Lho Railway Company onl took under its charter n right to obtain authority from and contract ‘with ‘the city for che privilege ‘of the use of Indians avenue, and it could acquire the Tight to exercise no franchive thereon, except through such authority and contract. The right to laydown a railroad track upon that avenue was nob complete by the charter. In order to the completion of the right, the m- thorization of tho city was essential. If at tho time of the passageof the ordinance such right could not have been specially granted, it is nit perceived how- anything in the completion of the right’ contd have been confer red by the ordinance. To — allov the - Railway. Company the right for the nexteighty yearsto acquire such special Prleges under their apacial charter pertaining to the construction and operation of ita_railwsy in the etreeta of the Bonth and West Divisions of-Chicago, as they might persuade the Com- son Council of the city toallow them, was uot, iv the Judge’s opinion, in: consonance with the Conatitation. nformity thereto required that the Company for the futare shonid take their privileges, as all otbers did, only under the eanction of a public snd general law. Eauality of privilege was the principlo of the Constitution of 1870. It was true that, under that Constitution, no law could be passed grant- ing the right to operate a street railroad with- out requiring the consent of the city, and a company organized under jaw which might be passed for such Purpose might, by consent of the city, obtain s& similar ecial privilege as in the prsaent cage, and it micht do said there would then exist the same objection a3 was at present made, of that’being s special privilega conferred by such consent, But there would bo the difference that the privilege so acquired wonld be to exercise only such guarded and re- stricted rights as might be allowed bya general Jaw to be passed, aud not the gpecial rights and privileges conferred by an antecedent special Charter, and such as the Common Counoil might see fit to silo. - eeers. Hitcheeck and Dy jared for the Railway Comrany. pe eeee ‘The rained Dake of 3farlborough is a good- looking man of middie sge, who can redeem bis fortune sny..titae by application toa shoddy Amencan family. “Divorces obtained without publicity; 0 fer tll after decreo,” ete. will ro- eve Si sf apy Bnprofiable matrim Seed in- cumbrance he may have at preseut. re are plenty of Zamilies Kost awaiting an offer. later: prints by the absence of ali descriptive tet- tering, excepting frequently the vame of the engraver written by his own hana upon the sheet. This limited num- ber of artist's proofs are of course the most rare and valuable. Next come the India proofs, printed on India pal and efter them the -open-letter proofs, etc,, dis-, tinguizbed from each other in particular engrav-’ ings by tho stages of progreas of the letter en- Bete who puts on the title. The moat vsina- le of these three copies is an ‘India proof,” end it is valued at £210,—by far the highest price in the collection. The twoothers aro marked $75 and $32 respectively, beitg subsequent atatas of the plate. A Some light is thrown upon the value of rare THE FINE ARTS. Richards’ Statuette of the Sur- _ gecn-Barber. Requisites for Popularity in Such Work: e Fine Engrayings in Chicego-—~Appletons? “ art Journal,” evgravings iu Eurove by the following pricos from the Galichon collection sold in Paria isat — month: . Fairmount Park Art Association. G, Mocetto, Triumph of Neptune..... 2685 Q. Mocetto, Holy Virgin on aT! 3,900 M, Antonio, The Judgment of Paris. 6,105, RICHARDS’ STATUETTE. TUX BURGEON-BARDER, A group of statuettes, The Surgeon-Barber,” by David Bichards, has for some time stood in the window of Matson’s jowelry store. It is of sbout the size of Rogers’ groups, and of the ©. Da Sesto, Decapitation of St. John... ans A In thelist from which these are taken ina ponion paper, there are none less than 2,009 france, g APPLETON’S ART JOURNAL FOR JUNE same material, “artiats’ cloy,"—that 1s togay, | 18 8 good number of a gooa pub- yi z e+ | vication. The ‘Studies from Sir Ed- Plaster of Paris painted of » grayish or yellowish | Win Lendseor,” the ‘Hudson River” tint. Thore are two. principal figures, perhaps 18 inches high if they were straightened up, one series, and ‘The Stately Homes of. England.” continue with cuts in the same excellent atylo which have preceded. Landsoer’s ‘+Deerstalis- ers’ Victim,” a pen-and-ink drawing of a desd stag, boldly foreshortened snd very dead, is = fine example of drawing. The frontispiece, “ Weatbercote Cave,” after Tarner, a steel en- graving, is good but not popular, In a sketch of the English artist, G. A. Story, is a charming cat from one of his pictures, ‘ Mistress Doro- thy,” a sitting figure of s young girl in a walling dress, drawing on her gloves. There aro throa other full-page plates, one 8 steel-eugravins, one s wood-cut, and the other an etching. ‘The first is ‘ Chatterton’a Holiday Afternoon,” after a painting of W. B. Morris, a pleasing picture ropresenting the youug i leaning over @ table in 2 garret poring over an old manu- script, while other books and .papers are plenti- fully ecatrered about. The childish figure, mth the ligot upon tho head, is graceful and uataral, The ‘Lake Dweller” ot A. Ankor, asion of 1874, is a, women of the prehistoric tribes of Southern Europe, bare-armed and bare-footed, holding her child in her arms and seated fat upon a sort of raft-like singing. over a lake which stretches broadly into the distance. The most interesting thing in the number is thefull- pore etchicg of “Gleaning in Belgium,” by fasson, after a paiating of Jean Francois Mal- lot, who died in January of the present year. ‘Three women, all in heavy peasants’ clothes, are gleaning in the foreground of a fiat wheat- ficld, in which some other harvesters are discern- ible in the distance. The activity of tho figures, especially of the tro who, side by side, with almost identical action, have stooped and are just grasping the straws, uadmirably expressed, and the spectator can sce plainly the haste and eagerness. There is algo a portrait of Millet, and & cut of one of his shepherd girls, accompanying an, interesting sketch of his works. An account of the Exhibi- tion of the Royal Academy, of the Salon of 1875, of the Brooklyn Art Association, and illustrated articles on James M. Harte, American Architect- ure, ete., make up the number. The pages of this journal will fornish the amateur in pencl- drawing or water-coloriog many useful studies of Sgures and foliage. —_———— ODDS AND ENDS. Mr. Sloan has closed hie studio in the Ashland Block and gone into the country. | The younger. Mr. Volk (8. D.) is in town, a8 waa expected, but bas no pictures here more im- portant than studies. A portrait of M. Gambetta, painted by Af Legros, is to be engraved by M. Legros and Rajon joinuy, The reception of the Acsdemy of Design was postponed on account of the delay in receiving foreign pictures, and will be held upon the evea- ing of Tuesday, the 22d. Tho gallery will con- representing a ragged, spare, but powerfal old man, spparently s farmer, seated in his shirt- sleavea in the. barber's chair, and undergoing what ig manifestly a far from pleasant operation. One legis supported ons keg, and the other drawn up tothe round of his chair; the right hand grasps the arm of the chair with an action not unlike the King in Aliston’s “ Belshazzar’s Feast,” though upon less digoi- fied “occasion, while with the other band ho endeavors to artest the uplifted razor of the barber, whose unskillfal operations bave grown intolerabie, Bending ‘over him ie the otber fig- ure, also spare and gaunt, # Mephistopheles of a barber, no more like the comfortable colored gevtlemen who ebavo us daily in Chicago than heislike Julius Cwear. But surgeon-barbers are things of the past, andif this barber ever shaved this old American farmer one of them was oct of ‘bis native country. The barbor wearf a little ekull-cap, and bis aberp, prominent features are relaxed ioto a sort: of leering grin insstisfaction ot the small misery which he is inflicting. In the humor of the barber's cvident enjcymont of his ofice, and the corresponding fausline sngaish of his customer, the idea or sentiment of the group consists, and this ides is intensified. by the ,figure of s- dog bait- ing a cat under the clisir, the animals somewhat rudely but epiritedly modeled. Such, io brief, is a sketch of the hittlo group, a full description of which would, of course, need to be as long ag if the figures were life-size. This work occupied Mr. Richards for several months, and ought to be, aud ia, in fact, good. Such a pices of modeling is open to two kinds of judgment,—one upon thé excellence of the artistic work, nud the other upop the question whether the choice of ihe sabject is a happy cne or not; and tha fatter question is a fair subject of criticism, and of great importance with groups of this character.—pictorial rather than scuipturesque, and intended for popular sale,—because technical merit cannot be de- pended uron, as in important works, to help them in the market. Rogers’ groupa are the natural standard of comparison, and Mr. Richards’ modeling does not fall short of Rogera’—indeed, 1t may be doudted if evidence of the samo amount of careful anatomical atudy can be found in any one of Rogers’ groups. The head and hands of the farmer,.and es- pecially the neck and chest where the shirt is thrown open, are as careful as if they were studied for a large statue, ond show marks (signs of which sleo appear in the general length of limb in’ both tigarea) of Nr. Bica- ards’ recent studies of Michael Angelo. The “@rapory” over the bask of the chair, some old coat or cloth, is well done also, and tae model- ing throughout appears to be adinirablo. Mr. Richards is recognized as one of our best eculp- tora, bis bust of Mra. Collier being the best known of his works in Chicago. It is | tain an unusual number of good pictures, native safe to say, however, that if Michael | and foreign, as was noticed in ‘tae ‘TRrmune of Angelo himself were to retum to earth | Thursday. An exhibition will follow the recep- god come to Chicago, or apy other | tion, and in the coursa of a week or ten dayaa public aale vill take place which will be of great importance to the intersts of the Academy. ‘In accordance with a practice which we have several times sdmited, tho French have set up in the Champs Elysees another statue which is intended for exportation. This work represents Norodom I., King of Cambogis, at fell size, on horseback, and it isa portrait tothe life, but, unfortunately, in «modern European General's dress, cocked hst in hand. It is the work of M: Eude, and s-capital specimen of picturesque seulptnre and fall of spirit. The horse ia de- signed with uncommon energy, and well execat- ed.—Athenaum. _M, Cadart, the famous art publisher of Paris, died the last of April, aged 45 years. He wiil be remembered by many ag the head of the Freuch Etching Publication Company, a position in which he contributed largely to the revival of an interest in that department of art. In 1965, or about that time, he opened or aided in opening an exhibition of etchings in New York. For wome years he and a partner devoted themaelves entirely to tho business of Pablishing modern eaux fortes. ‘The enterprise did not succeed at frst, but finelly he succeeded not onty in bring- lag etching into fashion ax a subatitute for wood engraving iv book illustration, but in interesting very many artists and amateurs in the serious pursuit of the art he loved. WATER-COLOES, The London Athena of Aprit 17 gives in two crowded columns a list of several bund¥ed water-colors, ‘'417 lots,” sold at Christie, Man- son & Wood's ou April y~10, at such respectable prices as the following, which, it will be ob- served, are in pounda: American city, without introduct'ons, at present, ho would not find such s market for his services as would relieve him of anxiety for bis bread and butter if he were dependent upon his pro- fession for support. David fichards is a Welsbman, a man of middie age, of sompwhat rugged exterior, more like s atone cutter than the ideal artist; his En- gliah is imperfect, but hia addresaat once carries an imprexsion of simplicity aud sincerity. Par- haps no artist in Chicago would be more thor- oughly indorsed than Hichards by bis fellows as a straightforward, honest workman, & man too independent to take favors, too modest to seck patrons, and a3 good a modeler withal as we have. Ho has been s- professional sculptor for seventecn years, most of the time in America, but a short time in Italy. He cuts his marble with his own hands, and has a bust of Gen. Harding in progress in his studio now. Toreiuro to the * Surgeon-Barber”; if we question the happiness of the choice of sub- ject, or of the treatment of subject, v, points to criticise. Every artist devote; art and at the samo time earning his living posed conayantly to tho disseasion botwee science aud tue Fiend. "Do the work that is best for you,” says the artistic conscience ; **do what the public will think best,” sava. the’ flend of pecuniary necessity. It is to, bo feared that Richards may be depended upon slways to do what his artistic senso commands. Ont of his group he has no doubt got valuable practice, and satisfied bimself by doing his best, but most likely he has not hit the market. ‘His figures aro good examples of modeling, but they will not strike tho jadies ss an sttract- ive parlor ornament. The requisites of such a group, to sell, may be briofysammed up: D. Cox: ALane Scene. (This fs the lowest.) 23 First—The figures should group picturesque- | D, Cox: Birmingham ‘aGoebur af 136 lyin the general view, at least from one point. | G.Cattermole: Montrose’s Retreat... 163 G, Cattermok the Swords. 2 "This group falls short in this. Second—The ‘finish should be rather fine and the-surface smooth—not polished, howaver. This isamatter of casting and painting, in which Rogers has managed fo excel everybody else. ‘hird—The sentiment must'be of » familiar, pleasing character, perhaps domestic, perhaps patriotic, perhaps sentimonial. A gronp with a J. ML W, Turner: Malvern. B40 dash of touder sentiment, and at the same timo | J- M. W. Turncr: Heidelberg. 2s a bumorous turn, ia beat of all adaptod to an | 3; $v. Zumer: Ob American public, and the wntroduotion of female and children’s figures is favorable to popularity. ‘These. it will be understood, aro not rules of art, except the first,—hit domands of trade,—-and an artist if be brings bis weres to market mast submit to conditions of this character. eaters ENGRAVINGS. CHOICE SPECIMENS IN OIICAGO. ; The knowing ones, when they are looking for good engravings, go, among other places, to Jansen & McClurg’s book-store, and descend to the basement among tho school-books and pack- ing-oases. Here st prosont are four or five Jarge portfolios of fine and interesting engray- A SENSIBLE ART ASSOCIATI( ‘Che Fairmount Park Art Association is 6 society of Jadies and gentlemen whose object it is toadorn our besutiful park with statues, busts, fountains, and such other works of art as good taste aball dictate and the Coramissioners of the Park sanction. Entrance fee (paid: orly once), $1; ennual contribution, $3; life membership, $30, Ollice of the Association, No, £55 South Fourth strect, Philadelphia, ‘Such is the introduction to a pamphlet con- taining the charter and laws of a socioty now in successful operation in Philadelphia. Fairmount Park, a8 is well koown, is one of the largest and most magnificent parka in the ings, containing examples of the work of many | yond, including upwards of 2400 acres of the best-known engravers,—whose fame is | of beautifal and upon tho banks of scarcely less among connoisseurs than thst of | the Schuyikiii Improvements upon »s large seale were begun upoo it about 1869. Early in 1872 the Fairmount Park Art Associa” tion was orgsvized, and procured a charter, with ' the names of A. J. Drexoll, Archibald Campbell, H. Corbit Ogden, Walter Lippincott, atc., amoug its inéorporators. In tho charter the object of the Aesociation-is set forth to be the accumala-~ tion of a fand by means of annual contributions of small fixed sums of money by the members, and by legacies, donations, ete., which fand, or the interest thereon, is to be devoted to and ex~ pended in adorning Fairmount Park with stetues and other works of art, either of 2 memorial ua- ture or otherwise. The yearly income of the real estato held by them is limited to €2,000. I'wo months Jater, the Association set up the first atstue in tho Park,—n large atatue of Night, by Schoch,—which was presented by Edwin N. Benson, Esq., and erected on George's Hill. ‘The Committee on Works of Art is composed of ten members, who determine the acceptance and purchase of works of art, aod report the ap- rovel or disapproval of the Commissioners of ‘airmount Park of overy design or model offered to the Association, and who also, with the co- operation of the Commissioners, select the sitas for the erection of the accepted works. At ihe Iagt anaval meeting, the regular membersbip of sonual contributors was 1,188, which would make the gross income from that source $5,910. "The organization bas been in every Way success— fol, and in leas thao three years bas contribured the following works of art to the park, besides the great painters,—Bartolozzi, Mollan, Foschi, Edelinck, Strange, Wille, Rapbae) Morghen, atc, ,There is an exquisite littie modern en- graving, by Blanchard, of one of Meisaonnier's pictures, in which the engraver excites admira- tion by rivaling the extreme and exquisite finish of the artist whom he is copying, oz, more cor rectly, whom he ia translating. The most interesting, a3 well as the most val- uable, picture in the collection is an impression from s famous plate as well ‘known to collectors of engravings as the original picture is to ali the world—Muller’s copy of the Sistine Madonna of Rapbsel. This is not only one of the most ‘beautiful engravings ever made, buthas atouch- ing history consected with it. Christian Freid- tich von Muller lived at about the beginning of tho presont century. His father, J. G. you Rul Ivy, was 3 akiliful engraver, and executed ono picture very familiar to American eyea—the en- waving of Trumball’s “ Bartlo of Bunker Hill, Hering Dget Muller iad executed bat few plates for" engravings, and wos wtill ra yut of acknowledged ekill, when he re- cived » commission to maka a copy of the Sistine Madoous. Ho applied himself te the task with such euthusissm and susidaity that he broke down his beaith, and be sroely finished bis master-pieca when be Pe Ss tbe age of 33, in 1816. He did not live | the statue mentioned above: Bronze group of tosee an impression from the plate on which he | Hudson Bay wolves, by Edwin Kemeys; marbie had worn oat his life. The proof arrived just aftr his desth, and was huog up ou exbibition atnis foneral, as the ‘ ‘Transdguration” was at Bepbael’a. > ‘his plate ia 20 by 26 inches, and there are bat fowimpressions fromit. The preaent collection con:ains three. Aa ig well known, the early im- gtatue, ‘Il Penseroso,” by Mozier; oil Fploting, “The Amboscade,” figures by Paronet Wappers, Isndscape by Kockkoek; oil painting, “Chalk and His Fijends,” by N. H. Trotter; bronze coup, wipe Dying Lioness,” by Wold, of Bar- tin,—four ea of double life size, viz.: a lion, a honess, and two whelpa. ‘The mnat group is not yet in place, but fnfor- ions from & Co} -plate are the best, and j. Wiethe custom wit valuable. engravings to atnke off s certain uot very definite number callet “artiss's, proofs,” distinguished from mation bas peen received of its being ready for shipment in Europe, and it is probably in Phile- delphia by this time. Ithas been: purchased by the Association, by special favor of the Emperor ‘Willigm, who has tha.original from Wolff. Aa importsnt enterprise of the Association is the Meade memorial. It is proposed to erect in Fairmount Park « bronze equestrian statue, 9Be- and-a-third Itfe-size, to the memory of thg late Gen. Meade. The National Government has al- ready furnished twenty 12-pounder bronze can- non for the purpose, valued at about $6,000, and the Fairmount Park Art Association has appro- priated 35,000, provided other citizens will fur- nish sufficient additional money. ‘The totsl cost will be $27,500. Several models have been pre- sented, but none yet accepted. The Secretary of the Association is John B. Bobinson, 703 Walaut atreet, Philadetphis. The statues were purchased by. the Associa- tion, the pictures presented by the artists and other gentlemen, and the pictures have been placedin the temporary Art Museum of the rk. It is aatisfactory to observe that, alzbongh C. Carey was Chairman of the fast anoust meeting and msde the opening sddrees, the principle of protection bas not been strictly ap- plied to the dealings of the Associati The atatues of Night and of the Wolves were cast in Philadelpbis.-but the Lioness comes from Ber- lin. Mr. Carey, however, took occasion to allude to the increase ia the tendency toward that ‘absenteeism by means of which millions - and even hundreds of millions are carried out to aid in increasing the attractions” of the great oes of Europe. His principles, therefore, are aafe. ‘When mind and body are cut of sorts, with cold ex- tremities, a yellownesa of the sirin, coativeneas, dail headache, and an indispoeitinn to stir about, be sure yon are in for s bilious attack, spri from a more Sail bring the live Ton best ouaditsa ‘and speed! iver to & ‘y ® ly remoro ail billary distress. “DRY GOODS. Tho verdict of the Ladies in pur- chasing Dry Goods is more impor- tant than the verdict in the Beecher case, and all Ladies that call and examine the goods and prices will undoubtedly decide in favor of the New York Store, 250 pes Striped Grenadine,worth 150, for 5c. 150 pes BY Satin Striped Grenadine, worth Cy IF 20c. 50 pos] pea Frame, 37-inch wide, at 35, 40, and 45c. 20 pes Iron Frame, 2 yds wide, worth $3.00, for $1.50. 150 pes Bk Cashmere, all wool, 42 inches wide, at 85, 75, 85, and 90c. 15 pes BYk Cashmere, all wool, 48 inches wide, worth $1.50, for $1. 80 pes BYE Bombazine, all silk and wool, 36 inches wide, worth $1.50, for 90a, 303 pes BY’k Mohair Alpacas, worth 500, for Ce 50 pes Brillisntine Lustres,yorth $1. tor 50c. 50 pes Japansse Stripes at 15 and 20c. 75 pes Japanese Silks, worth 50c, for 250. 50 pes Summer Silks, latest styles, worth $1, for T5c. 25. PS Lyons Gros Grain Silks, at S50, $1, $112x, and $1,25,---the best value ever offered in the city. | 95 pes Real Guinet, 8: 5 vs real Gainat, atin finish, $1.25, $1.50, 15 pes Genuine Bornet, Satin finish, $2.25, Bsa enya ea00.” eer 1G0 pes Mohait DoBexs, 18¢, B20, 259. 50 pes Silk and Wool Foulards, worth 600, for 37<c. a5 pes ee and Wool Pongees, worth 75¢, ror 50c. 500 Ladies’ Linen Suits, 50 different styles, from $1.50 to $25.00. 100 Reversible Ottoman Shawls, 90c, $1.00, $1.25. 250 Reversible Fch. Ottoman Shawls, worth $10.00, for $6.00. 350 Taco Shawls and Sacquas, $1.00, $1.50, $2.00, $3.50, $5.00, $6.00, $8.00, a6. sama Lace Points, $8, $10,312, $15, 5 cases Prints, good styles, worth 10e, for 50. 50 be Dae jambrics, 36 inches wide, 100 ant Pie 10 cases Children's Shoes, 25, 35, 40. B00. 3 casos Ladies’ Pen. Kid, worth $7, for $4. New York Store, 284 & 286 W. Madison-st. PHOTOGRAPHY. WARKED DOWN ELA TT, THE PHOTOGRAPHER, 217 West Madison-st., ‘Will, previous to removal to more elaborate quarters, make for THIRTY DAYS, His best Berlin-finish Card Photographs, and alt the latest styles, for oe ° 62. Former price, $4. ‘Will also miake Figure ecaeneircel size) tor $1.50. Duplicates from Negatives, $1.00 per dozen. other sizes:proportionately cheap. « FRUIT AND JELLY PRESS. THE AMERICAN “ Thaproved Self-Cleaning” Fruit; Jelly, Wine, and Lard PRESS, For Pressing and Straining Ap- by kin Beetbps Herbs sn somoras fo Rorlecse PA TRB MOI WUIOE OAR Ese, ae US 2 Ae Be RETRACTED FROM THE SAME QUANTITY, SRS Tea Sh bie Suk uart Size, Plain... wart Size, with Gatte Galton size. with Gutter. GOODRICH & HOUSTON, 70 and 72 Adams-st., Ohicage, IL, Manufacturers and Wholesale Dealezs. Tere, ral by Held Wednesday Sayo cu and Wedroeder, ‘an 79 aang times terms. PRICES= E83 CH Liberal Disoount to the Trads. : ; EDUCATIONAL, Bept.t. bogh id continge tll 8:45 mm, Contest. r Brooks prizes in reediug wil} take pi Unve 2th. a2 3p. m.; a the contest for the 3. A. Briggs prizes ln yand dosismation, will be on Fridag. 26th, at 4p. gman 00! ‘evoning and Saturday the 26th fist Nexz tara will cotmraenco Weduesdsy. Sopt. lp ITS. jowood, Til. St. Mary’s Hall, FARIBAULT, MINN. D. 8 WENTWORTH, Finely ced Reasosra Raw Toath School Yaar ‘LHI AY, SEPT. 16, 1875. For address the Rector. PARK INSTITUTE, as FOR GIRLS AND YOUNG LADIES, and 7 ad-ay., Chicago. Fal Turm begine NESDAY, Sep:. 15, Large corps cionued, pine tin Fes corps of ezaerionued at for t sffanendl drastages for the studs of Modern Languages, Unica, aru WS Ai take pisces ‘Dads Alancay eveniag, Sue ‘will commence Eogisters, with, AL Park G atdana? 1