Chicago Daily Tribune Newspaper, July 7, 1875, Page 1

VOLUME 28, DRY GOODS. S Wield, Leiter ; . & Co.. /'STATE & WASHINGTON-STS, (Now offer PATTERN GARMENTS, i consisting of Tadies’. Overdresses, Tn Guipuro Not, Linon Batiste, Gren. adine, Oamol’s Hair, and Black ]Oashmaro, at laréa concossions from former prices, These goods are ole- igantly embroidored in beautiful do- signe. | #ho_popular #GIROFLA COS- \'.l.'ttnlfiaE, ! vory desirable, now solling o 3 ) A?lso, a desirablo selection of Em- roidered ‘ LINEN AND BATISTE SUITS,” recently imported, and o \eomplaete assortmont of ' DLACK CASHMERE PALRTOTS & POLONATSES, HAND EMOROIDERED, [ at low prices, with patterns l.fl! mnrkodgnady'fot outting. 200 CASHMERE JACKETS, READY MADE, At 86 & 38, former price $9 & §16, - TO RENT * IN THR TRIBUNE BUTLDING. INQUIRH OF WILLIAM C. DOW, GUION LINE. TIRST-OLASS TRON STEAMBHIPS, Between NEW YORK and LIVERPOOL, onlling at Queenstown, Carrying the United States Mail, BAFETY AND COMFORT. EW™ Paasengors booksd to and from the principal Eu. ‘&opesn porta at lowsst ratas. fts and Lotte: f Urodit lssued on lesding Banks + and Bankers throughout Kurope. HENRY GREENEBAUM & CO,, ¥ FIFTEI-AV. " Nationsl Line of Steamships, EW YORK TO QUERNSTOWN AND LIVERPOOL. 'HE QUERN, 4471 tons. .Batarday, 10th gge.‘f?' DR Hata O Btaersge at 70 and 3 (et e hieed rign, "oteraShers a7 rodhoed taiens p o Tade ticketa £ro d Stee: Liverpoo at the 1 Fapihs B e S ol Mortheast m-rm-fi avd Rasdolphats. (opposits new Bboruman 110use), Uhleago. QY DREC tween New York and B DK P. Laag! Sstardsey, Jaly It R fka el RIOR OF PABHA LD, (naludlos wiaers Larieot cati i oe L o':xflmm o0, Ratora dak ; socond, 8 tarn tiok- Leos erior . tnvd‘::rl:::.-nfl" neiadineg Al Sestesasion Biriat Serms \V6EORGE MAUKRNZIE, Agwt, 65 Brosdway, N.Y. Ezg s fuey 2 U, D, o 3 . 2 o0 to (Y Heaneris 4B sneludie prort ENUERION Tiion RS, N8 o] Y oornor £aSalis ‘aad Madisota MA_III " G"ir“ :Ve;u)l:n}, Stenll(mnhlg Line. h?u:nfi"f&. P okiars oo b A RS oy, ATUAGON, Byraons “ ey, S ot toks o o Aot ot Damsi Ty ime it Aplyo Jen) Vialght Bopol FOR SALE. dadeoro . SR FOR BALRA. omest Phaaton t Gllosgo for 8475, e L e i 2 ‘was mado to order ab an $800, beea_driven for two UL ot a0 1 g rong, DRTeTidoly o, * rpaly Do ae ookl i wdire' 2 3¢ 87, Tttt Uifioa, SALT. - Offige of T. MoBRIDE & 0O., 1 Douslas. ., Elgin, South Glark.st., Ohi- s o, Naw ine o or esgo, All orders will xmlv‘i prompt at~ REAL ESTATE. - isve for sl L 3.fme reidence on the Lake Bhore, ! ima af tha most Desstirul biooks and bect enidores o 5000 of the atly, 'uun:lahaneal 4 £y . 3, J. AVERILL, No.'17 Doarborti-at. .._BUSINESS OARDS. WILLIADL DL. DEB, DEALER IN VITRIFIZD SEWER PIPE AND BEWERAGE MATERIALS, Franklin and Adsms-sts., Ohtoago. OLD PAFERS, OLD PAPERS At 75 conts per 100, Ua the Gount) o'é!‘:{‘“’j o il CLOTHING: LLOSING-0UT . SALE! Having just received from our Wholesale House in Boston their s lus stock of Men's, Youths’, Boys’, and Children’s Spring and Summer Clothing, we will offer, for the next thir- ty days, the entire stock at less an jobbing prices. 500 Cassimere and Worsted Suits from $8.60 to $18, former prices $12 to $25. 2,000 All-wool Cassimere Pants, $3 to $8, former prices 5 to $9. Youths’ Suits, $8 to $13, for- mer prices $11 to $16. Boys' Buits, $4 to $10, for- mer prices $8 to $12. Ohildren’s Suits, $4 to $8, for- mer prices $6 to $10. CALL AND EXAMINE 600DS AND PRICES, PUTNAM ONE-PRICE CLOTHING HOUSE, 131 & 133 Clark-st., And 117 Madison-st. GROCERIES, “TEAS. § GROCER, 187 SOUTH CLARK-ST. Tetwsan Madison and Mouroe. Teas sent 0. O, D. tasll parts of the U, 8, discounta for Iargs quanitios, gl NEW PUBLICATIONS. MUSIC BOOKS! FOR THE SEASIDE, THE MOUNTATRS, For Hours of Lefsure at Home or Abread. opas o7 I el rEnie the, batt and, mart il ‘pabliated Rongs, Voeal o Ias TRdvies” Rontioer Waltion, ‘Bolbsn, Gindrines, et 100 furnish untailiug enteriainment to ail lovers of’ Atusio: Musical Trousure. Vocalaod Instrumental. Bloore’s Irish Melodles. Voesl Gema of Scottiah Nong, Yocal. Gema of Gormen Song. Vooal. Geoms of fincred Song. Vooal, Wreath of Gems. Vooul, Shower of Pearls. Voeal Duste Operatlo Penrls, Vocal. Siiver Chiord. Vocal Plano at fHome, Four-band pleces. Gems of Strauss. Instramental, Organ ut Home, Resd Organ pleces, Home Clrcle. Volr. I and II, Instrumental, Planoforte Gemy, Instrumental, Planist’s Albom. Tostrumental, \cates, Handuomo Booka, which are for 4ale by aTl prom- mn';-‘:«.-"i-';:.’.'én books Doards, 81.80; Cloth, 8200; ¥all ents postiros, for retall prive. LYON & HEALY, Chicago. OLIVER Dimson & €0, CHAS H. DITSON & 00, n. Lboral 711 Broadway, N, ¥, FLOUR. FLOUR. ABE YOUR GROCER FOR The Big Bonanza. #DES URY fn this olly, and OOBTS. Thia beate all **DEST XLOURY fn thls olty, sad 00, M. R. BORTREE & CO., 187 South Water-st., Ohicago, ‘Wholesals Flour n”"l"'d aro Boll'll-nh for THE BYO USSR | .1 ¥, 1 S —— NANTA, GENERAL NOTIOES. A CARD 'rb"‘mm“l’nn"m,u. e " X u&‘.‘.‘?‘.fl%“flg‘v"?: Seste. tirnaehout. the” Unyted sold my eutire business at Ci Pinenne 3 “the old 85 Dearbioro: .+ Chicago, ucaassor, sad who 12 authorized 1o collect all etiloall Indab Al bimioase.” Al an asenciation {0k groat plessurs In recommending him $ o Sonr o Gl S The” Hont, i Sy Va7 wortiy sad volixble. o 7ou for 18 sy 1o " {ors extendad duclog oar buslaees scajsintanea, | e bostuasa of B. J. RUTIL on 2 ite o same Ia all 341hs uid stand, 156 Dearvora. Jisd wa. heretafore, 1n somon, e Brand " 6;.;«-. "Fresh YU Y toepaot iy Fatelh'a atinuince of 1he sironiew saiended 10 \he e aad hube, from long eiparisnce & lhurough Sonludge of 1ho tatinets and the wanta of the peopls, o omeifand ‘largely narsaie 1he same. * Bespociinily Tt ago. duly 1, 1078, AL _a1usox. P tate, in sums of B300, 800, 1,000, $1,200, 500, 82,000, sad larger sums "l TURNER & BOND, No. 102 _ VINEGAR. __ “TPRUSSING'S c-x:br.!gflanlu' FURITY, STRRENGTI and PA LA’ 'du..ufll‘bl N ated'to v. W [ ) nicnuo, CHICAGO, WEDNESDAY, JULY 7, 1875. THE POLICE WAR, Mr, Fuller Opens the Case Be- fore Judge Farwell, flo Claims the Law of 1872 Did Not Abolish the Potice Board, Avnd the Council Cannot Be Anthor- ized to Do It by Ordinance. Mr. Goudy Argues that the Board Has Ceased to Exist, Judge Dickey Asserts the Caso Is Not One for a Chancellor, MORNING PROCEEDINGS. JUDOE PANWELL'S MISERIES DEGIN, The DBoard of Follco iujunction came up for bearing beforo Judgo Farwell yestarday morning. There was a vory amall attendance of syoctators, Mr. Fuller appearcd in behalt of tho Polico Com- misslooers, who wero presont and woro closo listeners to tho argumonta, Tho city waa repro- sonted by Judgo Dickoy and Messts. Goudy and Tuley. The proceedings woro unexolting, thoro being nothlog but intricato legal argumonta to keep the fow outsidera present awako. As soon a8 tho Court opencd, an, couny #ald tho eftuation of tho case was this: Notico biad been served Ly Mr, Fuller to extend the in- Junction, and they bad given notice thst they would move to dissolve. Thoy had aleo filod & demutror to tho ‘bill, and thoy would prefer 1o take that up, as 1t would dispoao of the whole casa. Mr. Fuller said it was & matter of importance sometimea who aponod and closed the argument, and, as tho motion was bis, ho felt inclived to avail himself of tho privilages it conferrod, Of couran tho demurror could not bo discussed at the sam¢’ timo. There were moro counsel on the othor slde, and bo would liko to bear what thoy had to say. Mr, Qoudy said thoir number waa the roason why they wanted to open and close. Thoy could divide thelr forcos, which it would bo impossible for Mr. Fuller to do. Mr. Fullor thougbt it would bo dangerous for bim to attempt it. 5L.ughur.| i The Court thoueht tvo opening and close ahould be allowed Mr. Faller, ‘This was nereed to, on the condition that Mr, Fuller shontd presont all lis autliorities in the openiug argument. . MR, PULLER . at the outsef read tho bil on which his motion for continning tho injunction was nredicated, The first proposition to which hr would invite attantion was that, assuming that the act of 1672 was adopted upon s lawful voto, the Doard of Iolico wau 1ot theraby abolished. It would be necessary to call attention to tho original organi- zation of the Board, aud tho differont statutes undor which, thoy claimed, 1t was pow ju lawlul oxlstonco, With tlis object, Mr. Fuller referniod to the original act passed In 1861, apponded to Geary's ordinances, page G13: the act of 1854, Tales's ordinauces, 333, 887, 339, 409, 604, 503, 516, and 17, Noferonco waaalso mndo to the old and racent Mayor's ncts, counnel contending that membors of the Board of Polics wers not city offlcers, and could not bo removed under the Iast act. In 1873 ono of she Commissiouors was removod aoder 3 TIE ¥ATOR'S ACT of 1873, and the mattor went to the Bupreme Court, Tho decislon given was to the offect that members of tho Board of Polica wore not iu- cluded 10 tho purviow of tho Mayor's bill ss city olticors, and that the Board was su oxeout:ve dopartment of the clty, organized under the charterand its smondmants. Thoto wad, Lo over, no pretento tiat tho Slayor's act of 1875 gavo such powers, and tho ouly question was whethior the oot of 1872 gave Common Councils P to repesl ouch oflices wa the Doard of Potice. TIE SITTI RZCTION OF TIE COXATITUTION provided that all poreona now bulding auy office or appointment shuil continuo o tho oxerctes of tho duties theroof according to the provisiona of the appolotmont, unless by lbis Conetitution otherwiso provided. Now, the President and the other Police Commissionors were olocted, and wero serving under their commissions received from the Govoruor of the State. This oxnmina- tion of tho law was sufficieut to sbow to the Court tho position the Board occu: fed ‘Tha dutios ktnposed were of tue most im- portant character, and the statutes imposing thoso dutles wero imperative and mandatory. TR POINT TO DE DECIDED was whethor tho Board was ipso facto aholished by the adoption of the act of 1872. Prior stat- uies might bo ropealed direct, by 1m- plication, or by subatitution. Thore was Do pretenso that this sct expressly ro- poalod the prior tatutca cresting tho Board of Police. 1If 1t did, j¢ also changed the eotire Tax Iaw applicable to the city, abolished the Boards of I'ublic Works, Education, and fIealth, aud entizely oblitorated and wiped ont the axist~ Ing City Governmont, Ths question, then, to be considered was, whether tho actof 1872 repralod the prior charter-tnactments by implication. What waa the rule fo relation to NEFEALS DY IMPLICATION? The general rulo was that thoy were not favored, and, 10 support of this, connsol cited 12 Illinols, 839; 42 Iilnols, 400; 83 Ilinots, 274; 1 Black, 459: 24 Alabams, 700; 12 Qoorgia, 404, ete. Lo adaltion to repeals by impllcation, such a5 wero croated where subsojaout etat- utes were inconalntent with former, thera wight also bo repeal whoro tuo subsoquont statute went over tho wholo ground of thoe prior, and wes intended ubstitute for it~ Was tho act of 1872 intonde a subatl- tute for sll prior chartor amendments ? That 1t waa not was cloarly shown by its own provisious, Heo. 6 provided i that all lawa and parts of lswa not inoonsistent with the provisions of this act sball continue in force.” It would thus appoar the act was not intonded as a sub- stitute for all acta that wont before. Then the qQuostion aroso whether tho atslutes to which Lo Lad raferred, creating and organizing tho Doard of Polico and describlug lts powern, WERK IXCONAISTENT with the provislons of the sct of 1873; and he would *eimply remark he hisd not beeu ablo to find any inconsistenclos whataver botween thew, ‘There was no provision which, in any just esnee, —Iindsed, In moy acnse at all,—coutd be con- strued as repoaling by implication a prior act; and, if that wore a0, it wasan end ¢o the cauo, 20 far as this brauch was coucorved. Butit might bo said that tho Common Council acquired certain powers under tho act which enablod thom to pass the ordluance in question. 1ho 12th Georgia, howovor, Liad docided thst tho Leglelatura conld pot delegate tho power of ro- pealing statutes to Common Councils. Tho ouly question was, therefore, whetlier the adop~ tlon of the act of 1872 1peo facto abolished tho Board. There was no middle ground. IT WAB ABAURD TO CONTEND shat the Common Council could bo given legis- Iative power to the extent of ropaaling atatuten. It.was :‘rpmnl the Aldormen seemed to think tbey had such extensive powers, butin roality they oxlsted only in their own minds. Assuming shat tlo Loginlature might impart suck power, waat would be tho ruleof construction to apply ? It was unmistak hl! Plain that this act novor ln- tendod to glve the Common Uouncil of Chicago, orof any otlier city, power (o turn out of oflice men who woro not cliy ofiicors, and to ropesl the atstutesof the Btate of Illinois. Daot the statomont of wuchia propodtion was its bost anawer. In this case, before procoeding to nssert vuwers doubiful and dangerous, TUR COMMON CONNOIL SOUGHT ADVICE in = quarter where by law (hoy bad the rlght— from tho Law Depsrsmentof tuo city. Loy had previousl: lO:ghl light in suvotter matter, snd got it and acted upow it. That light jumo- ©d withs their deairea ; tho light thoy obtaliied 00 4his oocasion did not, bawever, accord with tha ymcudinzl they wished to tske. 1t sppeared rom their action thas they only sought oploions whioh scqorded with their own precouosived opiufeas, snd regarded or diaregarded tbem, so- vording o their owu judgment, He aliuded to SHID DBiier Ouly il 454 ab ¢lsbo t.u; mbf: lii nw:x.m' u-mmr' ;n;:-‘:: oo of VoY quan BoW belore b Court, and which he would adopt sa part of his srpument on this occasion. Mr. Fuller then read the opinion of Judee Lickey, shoning that thio Council iad b power to abolish the Board, Towards the closs, thie Judge remarked that hin viows might nut ba correct, as the Bupremo Court bad otten decided sgalpat him on ques. tionn regarding which hio was equaity pomitive, Mr. Ful'or said_ft mizh¢ be true that the Bu. premo Court aud* Uuited States Court hiad oo- casjunally docided the opinions of Judge Dickufl wero erroneous, but 1t was also trie that bot thione courts Lied much oftener decided that hia viewd wers cotrect; and in this iustance he (Mr. F.) read the opinlon. knowing it was Ltnpos- #ible for him to make a notter argument, Tte ovinfon covered the whola grosnd, and showed that the question hLad heon exsmined with kreat caro, and that the conclusions wero not arrivod st uotil after the profoundest reflection. Taking the authorition he bad cited, | the act of 1872 and the prior charters, be, for one,—although he might be a Jittlo influenced by his nosition #w counsel.—could pot seo the slighteat gronund for doubt that tho statutes creating the Board of Fonce wers still In oxist- once, TRE ONLY REMALSING GUESTION wan the furisdiction of a court of equity, snd whether or not a0 ijunction was an sopropriste remedy, He hold ihat tbo procendings wero properly_takeo, and in mapport of l.hY poiut wited 59 Tilinols, 8U8; 67 Ilhnois, 934; 55 Jiiaols, Poople va. Whitcomb ; 43 Pennayivania, 874: 47 Ponnsvlvania, 206; aud & large dumver of other authorition. ke hill, he continned, whowod that irroparable mischief would bo occasioned by attemnting to executo an fovalid order. In view of such circumstances, apd tho suthorities he had quoted, thers con no doubt that sn ipjunction’ was not onlv tbo proper but the moat approprists remedy. A collision betwoen the City Marabal und tho Board of I'ojica was tantsmount to a conditioa of publio alfaite which justifted the joterference of thts Court, Ifa bad sullioutly discinsed tho ground on which he atood, and ho submitied his caun to the Court. The Court then adjourned to 2 o'clock. AFTERNOON SESSION. AR FULLER FEELS UAPPY. The Court resumcd shortiy after 2 o'clock. There was agala only s slim attendance, not- withatanding the fact that Judgo Dickey, who Dias distinguisbed bimaelf by the doliveranco of an opinlon agalnat the abolition of tho Eoard of Tolico, was to open the argument for tho do- fendant, Mr. Foller remarked, at tho opening of the conrt, that ho had one further objection to make. Tho bill ailoged that quo warranto prococdiows wero pending 10 teat tho question whotlier the nct of 1872 waa adopted or not. Bince tbe in- Junction issuod & decision had been dolivered carrying the demurrer from tho firat replication 10 tho third ples back to thas plen, Thin was substantlally equivalont to sn oxpression thas ndgment of ouster would havo to go. Mr. Tuley (smiltog)—It has not gome yet, though. Mr. Fuller—Certainly, it has not gone yot. JUDOE DICRDY then took tha floor. Ho satd two questions wera preseutod on the demurrer to tla bill, Firse, whetler by law the Board of Polita remained & lawfu) aod exixting Board ; and, second, whethor ibo case mado by the bill was one which war- ronted tho intervention of & Court of Chancery by tho mrit of injunction. As to the first quec- tion, Hia Honor would readily perceivo, from an opinion of his that waa read by Mr. Fuller, that it would not bo propor that e sliould embark oa its dincussion uatit Lie had encounterod same ren- sons for changlnz nis views in rolation to the law. While bis mund wis opan ¢, conviction on that quostion, he had not yet mat with any viewa or suggostions thoreon which would war. rant bim io chauging bis opinion. He would, thersfore, loave that matter for the dircussion of bis sasocisto connsel. Ifo might La aliowed, however, before procoedingz to di cues tho quostion of tha proprioty of thio intor- vention of s Cliancellor in this cane, to ; COMMENT UFON A BEFLEOTION which wan made by bis learned friend in rola. tion tatho sction of the Commou Council. It lue opiniun had ocen read befors counsel ninde tliova romatka cheir inappiopristencss aod fujus- tice_ would lave been more’ palpable; and he (Judge Dickey) therefora decided :tocall bis [{on or's atteution fo tha fact that, while bo had given i that opinion a statoment of hin viows, and tho roasons upon which bis position restod, at tha eame time ho furniebed thom with the opinions aud argnments of atbory who diffo:ed from him, nud stated thiat, although us jud. ment was s0 and so on tho question, yo: tho qUortion waa not freo from dabate. His llonor would porcoivo thas thero was no other maoner or modo in which the quoestion thero mdoted could bo adndicated upon by the Court mava by tho action of the Common Couuct!; and if iu thofr Jjudgment they deemed 1t wino that tho Bontd abould be superscded b another class of olicers, the onlv made of touting their power was by pasiny an ordinance and procooding to act, n0 that the proper question migut be tried, As to the INTERVEXTION OF A CHANCELLOD witn & weit of injunction, ho vegwed to say that the use of that writ had dooe s grest deal of harm, not only n this country, but elsowhors; Lord Holt had sald tho abuss of it was so groat that ba doubted whother moro harm had not been dona by it abuse than good had evar baecn. accomplishod by its uso, According to all the buoka a wnit of {pjunction was only to fsaus in spocial caves, ayd was riot & writ for gonerul re- Liof of all kinds. It was an ordor that ought to D limited withts proper snd fixed bounds. Of oourso i might be aificult for a law-writer or Jurist to prescriue dolinltely a boundsry beyond Wwhich the powar of the court should nut go, bo- cause cages might arise which 0o buman’ miod could anticipats, snd tho boundary, if it wore cast iron or arbitrary, might deprive tho courtu of the rolief of the wnt in proper cases. Dut that & genoral boundary should be made and freat caution observed i seeing it was not ovar- stopped, was a proposition which would beagreed to by every onowho had retlected on the subject. o foslatod that ju this partioular case there was MO YOUNDATIOR YUB THE INTEUVENTION OF A CHANCELLOR. Tho foundation of the bill was & mere appro- beosion. It was not alleged that anything had been doue which Inserfered with tho exercise of the Board's power, presuming that it was atill 10 oxiatoaco, It praved thas th dofendants mighis be cnjolned and rest...ned from proceeding in any way in tho execation of the ordinauce, or any part or piovision thereof, aud from any in- tarforencu with the orators in tho diacharye of their duties. Assuming the hypothosis on whicl Mr, Fuller Baspd bis caso, that the taw of 1872 did not_sbolieh the Police Board, and the Council had ' passed s void ordinsnco, was tho pasesge of & vojd ordinance swlicient foundation for such [utorveution? Certainly not, What evll or_Liarm was to bo preventad by the Infunction ? Was anvthing apprelionded for which there wan no remedr st law # It wan not Deceaaary, ho undertoak to say, that sowothing might ba dons {n pureunce of the ordiustca which might properly be eujoinod, No such condition of thlugshad been resched. Thoe mora sppointment of & City Marshal wonld not war- rant the jssusnce of & writ of iojunction. Anv question arjsing from auch appointmont could Lotned by quo warranto. Tho other sido said such sctlon might produce s contl’ct of furladic- tion, Xt might, or (¢ might mot, but anficient for tho dsy ‘was tho evil thoreof, When- over that "coofliot ocourred., it was time onough to apply for sn injunction. There was nothing in the bill showing that any mpecitic irroparable damago would be avoidod by the injuncion. This act of the Court was liko en- jowing & man from adoptiug w-croed. Tho Court could not pass, rapesl, ar ameud wu ordiuance ; $hess wero puliacal acts, and could ouly bo porformed by the Councll’; avd wera actd which no Ctisacelior had sver yot iuterforod wita by junotion, _Judgo Dickey thun referred to the authiorities cited by couvss) ou the other side with refcr- «a ta the {utisdiction of the Coutt, showin; thiey bl relacion to the matter of Propety, o were vot political Lofore aa injunotion could luauo in such & it must bo shown dis- tinctly thore was no rewedy at law, snd that ¢he injury foared was one which coutd not othure wis0 be provented. He contended no caus bad boen prosentod aualogoua to this. If the City Mar-hat wore illegally appoioted, the Cours could oust the oflioer from the oxercisa of any fuuotivn not conferred ou him by law, After citing soveral opiluos ju support of his views, Judge Dickey contiuded by sgaln directing his “loaor's attsution 10 tha oircumstances under which the opiniou used mastush bim wes preparad, Mo wauled the Question iaxen $0 » proper forum, and determined in & proper way. R, TOLEY followed on the same side, He said, while he admired the directness and clesrness with which Mr, Fuller got at the resl points 1n tha caso, he atfll inclimed to tho opinion that be Lad wastod » groat deal of timo by referring to authorities upon thy doctrine of repeal by fmplhcation, Thers wan no branch of Iaw betlor undoratood by law- yers than that. Tho only differouco botween counsel on tha point wan aa to thio aoplication of the rales. Asto thn rules In regard to the cone struction of statutes, tho great object of all in- ?uuy wan to sacestaino the will or intent of the Lezistatura that prased tho act, If the act itaell waa clear, thore wss nothing to construe. Courts had nothing to do with tha wisdom or poliey of meanures : anythiog wrong In that respoct must bo remedied by tho Logislature. 1t waa cus- tomary whon the construction of s atatute was 1n question to first resort to the means within the atatute {teeit. Tha act in question was new, and had never besn adjudicated upon., It waa contended that TITE INTEXT OF THE ACT wan toadd pa.ch or an amendment upon the clartern of citles orzanized under former char- ters, On the other eido, they contended it wan ho intention to make a mubmtitnte for the old chartors. The ralo of conatruction in such canen wos that tha old 1a# stood repesled, even if thore w88 1o exnrosa declaration to that effect. Hac. 6, ho held. was wimoly declaring by legislaiive enactment & well-esiablished ruln of Iaw. Thero 88 1O room for doubt that the intention of tho Leginlature was to make & new charter when this act waa adopted. Tna iutention was to mako a complete orgsulzation, aud, to provent any in- Jurions offects resul*ing from that organization, ihe taw provided that whon tho resuit of the election was axcertmingd that the city officers chen (0 power shall tharcfrom exorc se the pow- cers conforred upon lika oilicern i tho et until thelr puccarsom wers siccted and qualified, TUE PHOVISIONS OF THE OLD AND NEW LAWA coNFLICTTD. Bec. 4, pare 500, of the old law provided that the Doard of Police should exercise entiro con~ trol ovor thn police force of the city ; but tua act of 1872 (Kevised Statutos, 221) gava tho Council power to regulate the police of tha eitv. prescrbo tho dutiea of the Superintondent of Police, tbe policemen, watcbmnn, eto. ‘Tlo sys- tem of tus txo laws was entirely different. 1f thers was anv Board which could be dispensed with under the old charter, It was the Comimon Couneil, for all that it bad to do wes to levy tazes and raias money for the Boards to spend, In many cases tho prosieions of the charter wers mandatory to provido such money a8 tho Boards needed for certain mattois. Tho theory of the now act waa that lerslation shonld vot be distributed smoug ludependent Boarda, There was o conllict at evary turn between tho oid and new nats, and tise Basrd wag virtnally abolistied by tho adoption of the act of 1872, M. GooDY then delivered the concluding argnmeot for the aefendants. Hoe said the ordinauce in question authorized the Mavor to annoiut s City Marshal with the coneent of the City Council. " The in- junction prolubited she Mayor from making that apaoiutment, and tho quostion firet ta bo con- widered was whother or not tho City Council bal tho power to pass that ordinance. It was canceded by taa bill that the City,Counel was acting under tho General law of 1972, In Bec. 2 of Art, VL it was oxpressly proviled thst, by an_ordinanco 2skod by & two-third vozo of the Aldermoa, tho l’m,m was authotized to anpoint a City Marshal, Thoy found, then, that the charter which was now governing the citv, and which waa the law for tho City Council, exproesly authorized it to pass an ordinance to that ofact, And wct the complainants arked iho Court to restrain them from making this appointment, on the ground that the ordinance wam invelid. Dut the lan- guage of the statute wras TLAIN A%D prRECT. and could not bs explained away. Complain- auts 8aid thoy wero performing cortain duties and exerclaiog certaln powers under lawa prosed prior to thonct of 1872; that tlhie appointment of s Cug Marahal infiinged upon the Jawa under which thev actod : and that the duties to b per- formod by tbis City Marshal wore in conflict with tho daties thov had 1o perform, It it wero tine thal the law of 1872 was fnconsistent with the laws uuder which the Police Commisaioners wara acting, then Ly tho cxpress torms of tha former act, 1 8ce., 6, Art. I, the o'd law wan no longoer apolicable to tho City of Chicago, That wag the wholo argument in tho case. Ifthe Citv Marshal could be appointed under this or. dinance, and the Police Board loft in forco, then tharo was uo inoous'stonce, no injury would ro- sult, and there wos no ground of complaint, If 1t did juterfore with thom, It was because the law of 1372 way incousidiont with tho lawa pasged prior to that time. The sot defined tho scopo of tho City Melial's duty, and if the old laws woro ropugnait to tha preseat, by tho ftorws of Reo. 6, Art. I, they woro not anulicabla to tho city, bocsusa af that fnconsistency, The act having’ been adonted 1t containod all to powars tho city onjored at pres- ant, Theco was na daabt 1t was the futention of the Legislature to mako the act a subatitute for old legislation. Tho quostion {nvolved was whother the Mavor and City Marshal shoald tako chargo of tho polica force, ar whothier it should remain upder tho contral of tho Loard. What irroparablo damaco could result it the change was made? Woald not the pabhc = interosts Lo juxt ns woll presorved under the Mavor and City Maraha! ss under tha existing rezime ? If tho Court_restrained, and (ho ordinnuco waa valid, the city wonld bo withont any rightful polico suthoity, If the injunction were pernstuatod it yould contluga meu in ofiice conteary to tho proVisions of the new charter. Tuo Court adjourncd to 10 o’clock this morn- iog, whon Mr. Fuller will deliver tho closing argamont for complatuants. Tt 18 expected that Judge Farwell will give Lis decision tu the aftor- noou, PRINGFIELD. The Adjutant-Generalship—Southern lnsaue Avylum-Groin ARuspector’s Xeport. Special Dispateh to 7'he Chicaon Tridune, 8pmxarierp, )., July 6.—~Col. Hiram Hill- Iatd arrived hero tois ovening and cailed on Col. Tiiggine, Adjutant-Goveral. Col. Higgius will formally tarn ovor tho ofica and property to Col. Hilliard to-morrow, and the latter will at onco enter upon tho dutios of Adjutant-Goneral of tho State. Gov. Bovoridge, under tho provisions of Bec. § of tho sct suthonizivg tho building of the south wing of the Bonthern Iueano Asylum. at Anna, Lias called s meoting of tho Buperintondents of the sevoral insano asylums of tho Hiate at Anuva, on the 15th of July. At tho meeting tho plans and specifications for the builling will be sub- mitted to ghem for modification and change, and are nat to be adapled untll the Buporintendents all sporova thom. The Commissionors to d the wing and the Uovernor will also be prosent. Gon, Bmith, Chief Gralo.Tnspoctor, makes hi report for Juno up to tho 29th of ihe receipts and expouditures of his oftica ¢ 31138 +4oLa 91,91 Gon, Bmith writes the Commissioners to-dav that the collections tor tuo inst Lo dayw of June will about meat o doflcit, and that tha Donart- went for Juae will thoreloro bo welf-sustaining, i SALT. Srecial Dispateh to The Chicaao Tvibune, Fast Sacs¥aw, Mich., July 6.—The locture on sali bias woko up the manufacturers, sud & com. bination consisting of J. I, Ilust & Co., A. Rust & Co., Rust Eaton & C aw & Willlams, A, W. Wright & Co,, W. 1. Burt & Co., has been formud to Landlo thoir #alt tbrough their own sgeots in Chicago. Tho Airme. bave subscribed #19,000, aud the books ars open for otlers to como ., W, I Burt is President, aud J. B, Bliaw, Treasuror, A conttict viill thus be brought on betwoen tho combinatior and Chicago cuiu- wisslon men aud the Ononda ga Cowpany, i A CHALLENGE. Spacial Dispatch to The Chicaco Triduns, La Posrx, Ind., July 6.—A dispasch in & Chlv 08RO Dapor atates thay the sporting men of South Baud sre willing to bet that tho Uniou Hose Company of that city cau beas auy Company fo this Btate. They van, withous darbs, be sosom- mg“‘l;v' My s, sacugh POLITICAL, Wisconsin Republicans to Meet in State Convention To.Day. How the Talk Runs with Reference to the Guternatorial Candidates, Ludington, of Milwaokee, and Ez- State-Treasurer Smith Promi. nently Mentioned, The Minnesota Opposition Will Make State Nominations To-Day, THE WISCONSIN REPUBLICANS, Special Lirvateh 6> The Chizaro Iribine, Mapisow, Wis., July 6.—Delogaton to the Ree putlican Convention which meots bers to-mor- row began arriving last night, and otkers, chiefly from the weaiern snd notthnestern parts of the Biate, came in thls morning, #o that during most of the day thers wero some fifty bora. Tho af- ternoon fralos havo brought more from the onat, north, and south, 8o that now there are nearly 200 out of tho 266 delegates here, and tho remainder aro otpected to-night. Tho fndica- tions aro that the Convendlos will be full, and compoeed largely of ropresentative men of the party, who have boen called on to ropresout their loca'ities 1n makiug laws and nominat- ing candidatos ; men devoted to the principlas of thio party, and auxions for It success; men of good judgment and discrotion, moro anxious to mako s gool ticket aud afort s sound plat- form than to vecurs poisonal ends, It 18 felt that with the Siate Goverument 1u the hauds of the Opposition, 1t 1s necorsary to tmake a uvited and oatuost offort, wisrly guided, to insr suc- cean, Ho tar s vet developed, the bont of feel- ing provails, and " diltering viewa ara advocated without bitternass, ‘L'lie chier subjects of dis- cteslon have bacn the Cumirmanebip of tha State Committee, tho talk over which 18 moro liko to breed discord tuan anytling elee. There are many delegates hero with strong foeling, freely oxpreared, that it would bo for the lutcieats of thig party that Mr, Koyes ahonld step down and ont from the posi:ion Le bas occujied muce Mr. Hublen wont to Switzerland, tbo feeliug against him baving been ssgravated by his zealous advocacy of Senator Catpenter's ro-alecs tion last winter. and is gaining strength from the improssion gonorally rovailiug that Bena- tor Bowe thinka thero onght to Lo a chaoge. Ibero 18 no coucoutration us yet, bowever, oo any man to fitl e place, and no one has been named who will be likelr to devota tha same zeal, evorcy, time, and ukill to tno_servico of the party. Ho profosres himsell willing to yacaie ihe position, but bis frinnds protess that bo has dous votlnng to forfrit tho confidonso of the party, and notwithstanding bis faulta s the Lest man for the sdnes. 1€ a large majorisy aps peara to favor githor hin retirament or retention, tho matter 18 likely to bo settled quietly ; bt apinious are nearly equsliy divided, thure is dauger of a sharp strugile. Alr. Ludingion is not golag to have it alt his own way tor Govnrnor, I'ie Ilon. Wiiliam Bmun, lormorly State Troasarer, and boatea for the nomipatinn for Gosernor four years 8g0. Laos been heso sinco last ovenine, aud is dosoloping considersblo atrength, considenng the shoit time he Las Leen a eandidote. Ilo divides the Miiwaukeo dulogation with Mr, Lud. ington, and haw stronz pupporters in diffarent parts of tho State. Bomas wagacions policians who have Lesn friendly to Ludington concado Basith 100 votag, and there in large numver of dojegaiee unpledzed to auy ona suzloun to me- cute the best man, While Ludinston has larze loca! pupularity tn Milwauioo, it i clalmed thas Mr. Smith would receive strong support from sabatantial citizens througzhout the State, espe- cialiy from men who havo bosn lukewarm Il vublicans of Iate yeara, or have evou worked aud voted with thio Opposition, Mr. Ludivgtou arrived this ovening, and his trionila aro actively at work. Mr. Sawyer I not & csndidato, Un otber offices the only thing certaln in the ronomination withou opposition of Maj. Henry Daetz, & lesding German, for Treasurer, ho hay- ing been denied & ronomination two yests ago lu his zoa] to smnsh tho si-posed Rozsiey nlate. For Liouteuant-Goveruor J. C. Ha'luway, of Qrant, Jonathan Bowinan, of Colambin, 8ad J. . Qumby, of Haik, reem 10 bo the foading can- diduies, the former baviue tho meneral supgort of tho soutliwestern part of tho iato, and boing tanguine of the nomiuation, 2 ‘Thhere has beon » dosire oxpreaced to have s Normegian on tho ticket for Socretary of State, and J. A. Jobnaow, of this county, €. of LaCronse, and I. B, Warn ) 8T8 namod a4 raproseutative men—the lattor, though less prominust among bid countrywen, being earnently pushied. Thero aro sevoral other can- didntes, For Attorney-General several lawrorn have boen pamed, somo of thom protesting thay are uot eandidates, L. F. Trisby, of Wukhington, who ran go largoly alioad of his ticket two yoars 250, stauding prominent now. For State Supetiutendant thers has boen little talk, Yrofs. Grabam,of Usbkosh, aud Lockwood, of tho Whitewater Normal School, and W. H. Clhaudior, of this county, belvg named, and con- sidoravle’ disposition manifested to nominate Piot. Boaring, the present Buporintendent, who hise » mado & good olticer and is by b0 mokus & Domocrat. THE MINNESOTA OPPOSITION. Bpectal Dispatch to The Chicaoo Tribuns. Br. Paur, Minn, July 6.—The Opposition Btate Convention which mosta here to-worrow wlil probably nominate Loms E. Fisher for Gov- ernor, and tho fusana 1dea that thers (s a hops of auocoss hiss taken posscseion of numerous bungry offico-avekers. Consultations of loadora heldio dsy show great discordance on flunacial aud othor questions of naporiauce. lu fact, they are agreod on vuly two tiings, that it intimo to put tho Nepublicaus out, and tuat they waut to be put in. Tho best that can he Lioped from to-moiroa’s Convention 1s that it may seloct 80 goud o tickot, beaded by Fisher, 8 to compel the Repubican Couvention to ox- erciso unusual caution in selectiug its candi- datos. THE OHIO CAMPAIGN, . Corvynus, 0., July 6.—George II. Pend'eton, ‘Thomas Emery, and other prominent Domocrats, wot hare to-day with the Democratio Blute Cen- tral Committes, to ar:suge tor the coming cam- palgu, It was doclded to hold & moetng at Alarion, Lawronco County, July 21, to be ad- drossed by Gon. Tow Ewing and 8. F. Cary, It was left o ths Judgment of 1he Exeentivo 'Com- wittee to decide whether it wan advisabls to nold meetings at other points vn or befure that tamo, COMQIESSIONAL NOMINATION, ~ 8ax Fancisco, Cal., July 6.—~The Domoratic Cousontion of the Fliet Congrossionsl District thia ovening nominated W. A, Piper, of this cty, for Congresa, ————— CBITUARY. Specinl Dispate to The Chicaao Tridune, New Castie, Ind,, July 6.—Mrs, Kata Eflfott, daughter of the Hon. 8. T. Powell, Buporvisor of Iuterual Revenuo, aud (ho wife of W. 1L Ellioct, » well-kuown citwzen, disd to-day of hemarrhags of the Iungs. Ln—u.x“ucuk. Ark., c.luly 6.—The Hon. I, A. ;\’nnnu,Nex.ml-mlmr of lllfma;.'rnw from this Stase, icd tn Novada County Friday. CineNaT, Juty G.—Josools 8. Ra‘:u. kunown familiarly s Uncle Joo Livse, dind 8¢ Lis roudenco 1n Uloudals, 0., tu-day, aced 13, Do~ coased was Claraan of tho Coiwail Commlitton in 1850 that reported {u favor of 8 vieain Fire Dopartment for this city. 11 was ai active workor ia favorof the junovation, sud for uis sdvocsoy of the paid Doparimont was burny in oftigy w frong of the aity buildiy MILITARY. Owuaa, Neb,, July 6.~0ve hundred ana sixty reoruits lott nere for Fort Russell and Camp Dauglas to-day, ssslgued to the Fourteenth Iu- tontzy. FOUND DEAD, Mxwyuis, Toun., July 6.—A siranger, revro- sentlog bunself aa & raveliog sgeut for » New York house, was found dead in bed ¢ Kautman's bonrdiog-house, on Beooud sirest, thls wornlog, 3 L TP NUMBER 371, —_— i . 'R waa found on him to fnd - donce o name. - 1o wan shont. 0 oot :':1, :x:avmu. vihy)kr hair :nl Thm. light mustache hin-whiskers. Vordics of 4 e Juty, doath from bosrt-dmosso 0 COTOBFE ————— RAILROAD NEWS. 'DISCRIMINATION AGAINST CHICAGO, The snnouncement {n yenterday's Taisung of e arrangement of tho Baitimoro & Obio and Poonsylvsuls Roada to discrimmato againat this city lu favor of 5t. Lonia has created quita & stip in rallway circles, A mecting of the Genorst Ticket and Passengor Agonta of the lives load- ing 10 the Enst was held yeateraay morning, but, *s predicted, the Michigan Central and Michigan Bouthern Railroads refused to raise their rates ubtil an equitable and jost differenco in thoss from Chicaza and Bt. Lonis wan mado. Thesa ronds mill adhero to tho prosent $15 fare for lim- ied tickotsto Now York nntil the Baltimore & EJ!xlo and Pounnylvania Ratlroads sgreo tocbarge 5 more from St Louia than from Chicago. As roan a8 this 15 dong the roads will azreo to sall tickets, unlimitod, to New York for 813 and to Doaton for 22, Tho Michigan Central and Michian Southern coald not hava taken a differont stand from what thes did, Theae tao hues, sud patliclarly tho Micigan Contral, are eutiroly dependoot on thia ity for thair pasnon. rer traflic, Thoy bave no outlets to B Louts, wiule tho Baltimoro & Obio reach that city over tho Ohto & Miswiseippr, and the lennsylvania Railroad over tho Vandaia hno. Hud thoss roada wicceeded 1n their scheme of mating the rates for all tho othor linas, thoy wonid hiave gobbled np all the St. Louis and Boutlwestorn eraflic, and would alsa have received thoir share of the Chicago aud Nortbwostern business via their respective Chicavo Divimwons, The are ranzoments wero well mado, but *the best-lald plavs of wico sud mon gang aft aglos," NEV FREIGMT-TARIFF. Tho inois Contsal Railroad has just fssned tho following oew freigh-tariff to polnts tn Missourl, Kanssa, and Colorado: |, mencmanbiae, X CLX T Pxn 100 Lns, Bonaville. .. ITEMS, Tho Chicago, Rock Istand & Pacifie Railrosd hss notified the Peoria & Rock Island Railroad tliat horeafier they must bo allowed the follow- ing stbitraties from Davonport to Counoil Dluffs, Atchison, and Leavenwortl: : First class, 73 conts ; socond Clans, 49 centa ; third class, 39 cents ; fourth clags, 20 conta ; special clasa, 2% centa: class A, 250 clies B, 915, In socord- aneo with this tho rosd bas insned the following . now tariff from Pooria to the abova-named vointa : First olasn, 67 conta; accond class, 69 conts; third clasa, 43 couts ; fourth class, 35 aocial clnes, 32 centa; class A, 862 ; , 857, 'Thoso rates wiil oniy anply on - shipments from Terro Haute, Fvanavile, [o- dianapolls, Cincinoaty, Loumville, and all polnia Sonth and Southwest, Tue gross oarnings of the Union Pacifio Rail- road for May 1, 1875, wero : 31,273,325.11, boing an jucrease of £303,150.43, or 40 per cont upon Mar of last year. Of thia inoresso £131,335.77 oA fram pamsengers, €213,040.99 from froight, sud €18,774.29 from T Bources, SUIT AGAINST A RAILWAY. Srecial Dispateh to T'he Chicaoo Tridune, Qrrawa, IIL, July 6.~An importsnt sult for damaces was reachiod {n the Cirenit Court hero this moroing, Margaret A, Harria suos the Chl- cago, Butlington & Quinoy Raliroad Company for £10,009, bawing or action upon tho follow- ivg allezed facta: On Nov. 29, 1872, sho was s Panseoger on &n evoning trafn from Chicago to Loland, in bis connty., The traln was bohind time, and, on arriving at Leland, stopped only au instant, not giving her time to alight, aud, besides, sho was burdoned with » child i her arms. The traio storted Lofore sho could touch her fact to the platform of the depof, whoreby she was thrown vetweon the platform and the carn, and tho wheols ran over the iusten of her loft foot, crushing it so that it hud to be amputated, bo- #iden brufsing hor atherwise. Sho now walks one Iy on erurcies, and with ditleulty at that. She wap 42 yearn old, has five little children, snd Is now & widow, her lusbaod baving died since the accidont. William Bargo, of Chicago, and 8. Richonluon, of Ottawa, appear far tho plsintiff, aud B. C. Cook, of Chicagn, and Eldroago & Lewis, of Ottasa, for tho defenso. AN INDIANA ROAD, LarATETTE, Ind., July 6.—The annual eloction of the Directors of the L. M, & B. Rallroad tooks vlaco to-dav, remuiting in the election of what i0 kuown as the Hoath Boatd—pamoly, Josoph fleath, O. W. Picrce, James B. Falloy, E.C. Whito, W. A. Potter, John II. Hoath, Frederick Qorger, Jossph 3, Hershoy, David J1. Croase, David Blipacr, O. C. Richardson, J. E. Beoson, and . 11, Harria, Thero was no opposition to this tickot. Clinton, Tipton, and Madison Cotn- ties took part in the etcction, Tiue avenlug tha Diroctors hell s mooting, at which the fol- lowing oflicory wero chosen ; J. W. Hesth, Proudent; J. . Fallov, Vice-Iresident; 0. W, Pierce, Socretary ; J, Castaler, Becrotary, Iumodiato atoun will ba tukea to put thinga in wbapo ta build the road from Lafsyetfo cust,” An euginaering pacty will « gvar tue line early nost waok, Yeutorday Adamy Larl submitied a vroposition to the Counsy Commissionors to build tho road east. In soms respoois it is thoneht mare favarabla than that known aa tha Lelt's contract, which wan vt huwevor, enter. tainod. Ho alko broposed to mako Mr, Herabey, ono of the Commimioners, Presidont of tha rond. This, by tho Heatu party, was viewed as n bld for the county voie for thoold or Earl Board, ana thd. not tate with the Comntssione ers, a4 the result of tho election showa, NEW IOWA ROADS, i} Soeetal Duayaled 9 The CAicaco Tribunie, Dea Moxes, In, July 6.—Tho Bosnd of Dhiectors of the Albls, Knozwille & Dea Moines Drauch of the Chicago, Burllugton & Quincy aatroad bave turned over to ex-Gov. Morrill, as agantof tbe C., B. & Q., the nubeldy notes, to tne amount of $65,000. Gov. Merrill gives & bond thereforo, in which bo binds himself to re- tura tbenl, OF thelt equivatent, if be falls to Dbave tho brauch complated to Kuoxville acoord- ing to oontract. This places the notes beyond tha reacts of Buall's projectad injanction, Tho funds bave baon taived to Linld & narrow- nugo voad teom Waukeo, on the Keokuk & Foré Jodge Road, to Adol, SPRINGFIELD, DECATUR & INDIANAPOLIS, Svecud thapatch to The thicaoo Trbune. Ixpianarouts, Ind., July 6.—It is understood that the Bpriugfield, Docatur & Iudisuapolis Tiatlway bavo made arrangemonta whiereby the road from Moutezums to Iudisuapols will be built st once. SUICIDE. Special Diapatch o Ths Chicago Tridune, Mmonxsporss, Minn,, Juy 0.—A man nsmed N. P, Nelson sroso from his bed early Monasy morntug, aud, l-kh;z bis wite'anubis, buog bime rullng in front,of his residonce, e ‘noce waa brokoiy by tho fal WhLALY far ity waa tho cauve of the sct: THE EDITORS, Ouama, July 8.—~The Eosera editorial exoun sion pariy srrived here this eveulng, They will romain bore natil Thursday, and go westward ia n special traln. A publio reception and bauqued mlrlm Rivou thew at tho Gravd Ceulial Lo-mar- row evenivg by aitizeus.