Chicago Daily Tribune Newspaper, July 27, 1875, Page 1

- The Chicago Dailp Teibune. VOLUME 28, SHIRTS, SHIRTS! To ordor, of the best fabrics in us0. Full lincs in_ stock Of our own manufacture., Wo are propared to mako Shirts to order in oight hours, whon nocessary. LSON DR0S, MEN'S FURNISHERS, 67 & 69 Washington-st,,Chicago, Pike’s Orera Honse. Cincinnati, OFFICES TO RENT IN TR [BUGE DUTLDING. INQUIRE OF _ WILLIAM C. DOW, FINANCIAL. Stocks Deslt 10 st fha N rw York ftack Brchango bought sad wold by us on margin of v per cout Privileges Eunu-w 8% 0na ta two par cent from mecket on mom- 73 of th Vew Yark Exrhnza or resmousibie pa-tios, Letge e o ed tho past 3 days. Put or roy 18 on 10 slpren $106.25, Btraddles #20 raoh, “‘"‘"Y‘ 200 sharee of stark for 0) @aya ‘without turiuar rixk, Wiilo miay toneand dulizrs® utit ay ho gainad. _Advieo wnd dafacmaifon lepivied. imnbist, ciiaiaio’ safuatis e atlsii:al dntorm: o A0 sbowiog B0 + W al-it. oparatises ara coadustad, smes Free 20 avy sddrom. Orders aollciiad by mtl or wirs and rematly saeoutad by e, Addrow | YUMBRIDG & CO., Baokers and Lroders, Money to Loan. Carb {0 band to 1aen on Chicago snd s ioining prore ety fn sun of £ 600, $1,000, $1,200, $1,600, 3,000, $3,000, ant f b r v do mnity TURNLR & DOND, ‘Warhungton-st, CHICAZ0 MORTGAGE LOANS, Atcurrent rates of fnterest. JTOSIAIT H. REED, 20 Nusmau Now Yurk, mprasentod by JOFLIIN ET. A.'VER‘.Z‘ &C%’. PROPOSALS. NOTIGE 70 CONTRAGTORS, Orrice Cotuvunys & Torrpo I . Co,) * Cotumus, 0., July 13, 1435, Dida for tho construction of tho Coiumbius & Toledo Railroad wili be re~etved at the oifics of the Company, in the elty of Columbus, 1n the State of Oirfo, uniii a5 the I duy uf Anizint noxt. Bida may be mada for coustruciiog one or more sec- Lons, or thie wholo ruud, und may inclnde ull tnaterials Decosnary 10 cumpleto the whiole tine rexdy for equip- nont. ‘The neotssary maps, profiles, and catimaten for the work can to found at tha oflice of the Chi+{ Eugineer, L’hll D, Yuber, whero all required information will b vea, Ths Company resorvo tuoFiglt Lo refect any wnd sll ids offerod, 31, M, GREENE, v Prorident C, & T. It 1. Co, Proposals for ake View Water Bonds, Eealed bids will bo rovsived at the Bupervisar's offico 1873, 4t 3 p, 1n., for tue sala of atnomis.ton of $1,001 excl, Qus July 1, 1305, and bearing $ulorest at 7' por cent, yalde. aciut.annually, on tho Bret dayof July und snusry, at tbe American Excbange National Bank of New York,and at this oftice, Thero will b nrerned interost on the onds from s let of July, 1875, and bids muat be suadu accordingly; Dids will bn reccived for ull ot any portion of the ‘bonds, tic town rescrving the rigut to acoept such as 4 may deom nncorsary, or Frioct all bids, They must o mnrkod an_ o cuvelone, Dids for LaXe View Weter Bouds, Room 3 Bryan Block, tbieto, . SULZER, Bapervisor, or (s Duard of Trustees of tha ‘Town of Lako View. Pronosals for Water-Pige. Oryicr or Tie. Doasp or Puntio Wonks, Gnaxp Raries, Mich,, July 31, 1873, Irfladn)\mponh will bs roceived at the ofiice of the Bocrd of Publio Works {n the City of Graud Ranida ‘until Baturdey, Aug, 7, st 7 o'cloek p. m., fur furnian. {og aud Jaying 6 Lo 10" milea of water mains, with the ‘peccasary wpochals, stop-valvea and bydrauts, sccord. iy to plans and specieations ou afe in Lhe oiice of the Dostd. Tropoesis may be made for iron-pirie the ‘Wykoff patent yipe, snd 3 miles of tamarack or white- woe loge, GUAS, W, WARKELL, Olerk of Roard of Publio Work " DYLING AND OLEANING. AL I LN A X DYEING. Tndies’ snd Geutlemon's Garments dyed and clesned tn & superior mecner, ot ihe BOSTON IANCY 8TEAM DYE HOURK, 150 Bouth Clark, 164 iunts, aud 165 W. Madison-as, T WANTED, Tobuy or trade land fu Jows for yood sscond-hand 8 fa. Adirtes . I EDMUNDS, Bpencar, lowa, OLD PAPZRS, OLD PAPERS PO SATLm At 75 cents per 100, In the Counting-Room of this Office, THE UNIVERSITY. Meoting of Its Alumni Yes- terda, They Deprecate the Action of the Board of Trustees. Resolutions Adopted Asking that Justice Be Dones Strong Roquest that Dr, Moss Be Reinstated, Lotter from Dr. Smith in Re- ply to Dr. Boone. Hilherto Unwritten History of the Chancellorship Matter, Iimphatic Denifal of the Charges Made. Auother Commuxication from *“J, c 1" THE ALUNMNI, THEY WANT DIl MUSH 70 BTAY. A meoting of tho aluwui of the Univarsity of Cieago wag beld yesorday afternoon in tho rocms of tho Americun Baptist Lublication So- clety, Nu. 61 Washingion stiest. Tho meeting way ealled to urder suortly after 6 o'cluck by the Rev, H. C, Mabie, I'restdent of the Alumof As- #ociution, whbo stated thse the Aseocistion bad beon called togethor to considor avd give oz~ Pression (0 it opivion uron, if 1t wsa soon fit, thu recout chunges fu tho munagewont of tho Univarsity, 3, F. A, Emlth submitted tho following reso- Intiovs : W uenEsy, The Alnmni Association of the Univoralty of Caiwago Bave huard with tio doepest s01TOW utid To- I e uctioa of the Bard of Trustws of tho Gulverely autiuaifly deposing Dr. Muea from the ot & of Presvlent of tie Ubiscraity § und Wi nkag, Wo believo thal, by tust uction, not only & Qegtut fudattco hus Leen douo o Dr, uas, but, 1f pieceticd 1, 26 whil prove itienstroun toihe future proe- iy of the UBivermity, A Dot Intal to fts very exiete caes und Wilcioas, The momber of the Assaclation feel s desp intercat in our Auna Mator and ta prosperity, it necoint of the fociulasly” futinute relaiions widci 350 bund to 11, abd 1or tho furtlier Fearol tuat wmany of wn Lave coutiiuuied 10 the alnonl cuduwoient fund, idd uavo tuity becoruo buerested b ths University iu Buaucsal way § ot Wugaiis, Tols Assoclalion han carefully refrained £10 Gkl uby uction touchng the deplorabie dis ugiveiient v} 20 lotg Manding Felutlv 10 o nanages Ljetic of the Unisersicy, that, fu view of all the cr- Cettintanieon, it 1 LW roper for 1w us un Aseociation, und it 14 LU duty, to Jo-pectfuliy exprens 1o the Loard of Trusices Lo Viows aliu wishics of Laln Assoctativn at thie grave Juucture in tho xialrs of tus Unlversity, It Iy UlsrefOre, 'Javicen, Al o upeclal meeting called to coneliler thitou mualiers, thut, watio wo eutertain thn highe-( re- speet fur Dr, Burrough sy sud fully rocogulze fuy . eat gervic Ko baa rouderol 10 Unfversity tn the just, ihat Dy Mons shousd b8 reiuatated i the oflice of prsicat, aud Tetaned {n 1t poiton, I he cau by fulise o 10 feut, 408 the (UlOWIDg Feebons, uD.oug vy vtnera: J. t2 4 the only wary that the act of injnatico to him catt L wiped uit Bl s greut weong otioted, 2, TLiy the oY that tio conmleace of tho public f tho Mt geuent of tha Usiversity” can bare- stored, i, ‘tie alumnt endowment movement, Which was stafted ring 40 Junt Year 08wy exjTession of tho Coubiagaee ud Lpitie OF co-operution which the - iratice vi Dz, Mows upon the Presdeney of the Gutvers wity dirmpired 1t tuls Assoclation, uw out records alow, il havigig for fts oojoct nutelial ohd o tue instiiu: Tty Tuat prose su ubier fuliure Jf tlie Jate courza of actidn 1 adaered 1o, Zewtrcay furiher, That ko Becretary of tils Asso- «gati i e, and Is Lureby, direcicd o delivor s copy of 11660 Fen0intiun 10 b Hoari uf Trusteen of tho Ung. veinuy with hs Coititicuty toorcto befors the ext weeting of suid Board. MR, BT supported the resoiutions iu o temperate and Juaicions epeecls, The coutinusuce of the pres- ent condition of affairs would briog the alumnt ondowment fund invostmout toa eudden ter- 1nitation ; would ahienato pubtio sympathy, and ovon tho snppert of tue laptiss denvmivation, from tho institution. MM EL H. BARTIN 4 appoed tho adoption of tho resolution, and did not thiok 1t would 0 proper tor tho Awsceation to take such action. 1le could not wee why Dr. Slows' rotwntatement shiould Lo cousidersa #o de- rsrable that tney snould attempt todictate to the Board of Trustecs. MB, JSMES GONDAAN waa boartlly ln_favor of the rosolutions, and thougat that Dr, Burroughe should long ngo basve gracefully rotired. 1iis svrvices fn touud- tog thv Univorsity wero unjuestiovable, Lut lio wim ncting like a tow who would kick over the padl ot 1wk shio bhad just supphed. MR, 3, F. JONPIELD orposed the taking of any war tn the contro- Versy by the Assooration,” 1t was their duty to reyrain altogether from takiung mdes and oxtend. g tho sttifo. It was s suicidal policy—ono tat uo yuuug geutlowan hore should sdvocsto—~ to take sides 1w this quarrel, pass judgment on Dr. Durrouzhe or Dr. 3uss, A A26UMS an atti- tuaa illy muted their condition, and which coutd Liave bardly suy othot thau o bad effect. uR. I, BOWLEY thought the passage of the remolutlons wonid bo cunneutly wise and proper. By the rotire- ment of Dr. Musa preat injustics was done, whivh would result disnetrously to the institu- tion. 1Je respected Dr. Lurroughs, but be way not tho man for tha porliion, TUE BEV. J. P, PHILLIPS objected to tho parsags of the rewolutions, and thoucht taat Di, Moss had opoued the factious contruveny fa moving tho abolition of tho Cuaucollonship. THE REF. 3. P. THONS said he wau strong!y in favor of Dr, Moss as the Prosideut, as no wan A toaer of strength in the East smong tho Baptist douomination, Dny he could nos favor the passago ot the rosolutions. Dr. Moss had sgroed 1o put up with the doubla- headea moaster, sud elivuld nos bave wmado Lis move agaiust the Chanceliorship. ML, T. E. EOOLAT thohght that tho | redent meoting was a very un- foitunato afair. ‘Their rolations to the Uuiver- vity had woibiog to do with 1hoaction of the Trusteos as long s the matior was vending oofure them, 1f as & final dotermiuation thoy renolved to decapitate Dr. dloes, tnen it might Le time to take action, as tho enduwieut fuud would be dead, Bat, tho preseut timo, thoy hiad 1o business to take action of the kind sug- wosted, He rvoommondod thas the resotutions should be luid on the tabis, sud that resolutious declatluyg it tnexpedient Lo tako part 1o the con- troveisy bo adopted. MR W L. PIGRCE uaid that he felt strougtly on the subject, snd had his opinion us to the respective valua of Dr. Iit raughe und Dr. Blosd to the Universty, but he thuught it would be prudent $o duter acilun until ufter the final action of the Board. Al JANES OOODBAN differed with $ue otber eyoakors, and thonght that the prevent time wan the proper time. e asked what good it would da to speak after the tioal action of the Board of ‘Prusteca. If they had any inthuence they should ude it befors tua fate. it was their duty as woen to speak, It was utterly imposaible not to take uided 1 Lbia con. troversy. Tho issues Woro too grave, ‘Tlio Gui- vereul quarrel should recelve the smvhstio cou- demuation of sl frends of the watitution and shoald be termiuated. He did not kupw Dr. Blu:e, but hadid buor Dr, Burrougus, und be kuew (hat tno former bad the roputation o a -clavy educator, and beld ackuowlsdyed rank ay & seholur. 110 earnestly sdvocated the passage of the resulutions. FHESIDENT WARL aaid that be had not regsrded the cowpromlss roferied to as ono to’ which D: FAILY 4 it was n campromise betwaen the Boa ang Dr. Baroughs. ‘The old adminutratios Lad CIIICAGO, TUESDAY, " JULY 27, 1875. ubtle respect. Tha next vote of the Board of Trusteen, it aoemed to him, wautd dectde whather the inatitution would live ordie. 'The lata move meant aitnply tho rotien of Dr. Butroughs to the Prosidoncy, and that waa the rain of the Unlversity, Ho wonld eay ag much to hia old friond Dr. Burroughn aa frankly 2u lio was now spoaking. Dr. Burroughs should hiave realgned when ho was mada Chaucellor, when ho could have done so with bLoonor, Iie deuled that tho action of tho Awmsociation would have no inflnenco. It should have If it had not. They were pointod to as the fruit of the formor sdministration, and their opluion on that admiplatration should have welght. Ho balioved that unless the action of the Board way rescinded the institution was doomod, and he had mald s much to Dr, Boono that day. Peo- le here in tho West could not afford to ses Dr. Moes hurled out. 'The blow conld not burt lum if 1t did dentroy tho University. Lut they ahould keop him for the salvation of the University. M. C. F. TAYLOR ssld that the *public was tick of the mirerabln strifea and contentions, and the reopsniug of them by tho doposition of Dr. Moss wan fatal to tho welfare of the University, It was imponsiblo to jnupire the publie with respect or coulidenco in the mauagement of Dr, Burronghe. If Dr. Burroughs had sense &nd mavlinoss enough 1o got out of tho way, the Collego would do well, oven it Dr, Moss coald not be tetasued in tho Promdoney, Dr. Burrongha was the 1acu- bua that rested on tho inatitation, and s Pros) deney would ruin i¢, An'boaring apon the proprioty of action bolng taken by the Associstion, President Atabie stated that o member of the Loard of Trustees bad spacially requented it. Ar. Buofleld movod that the resolutions should o Jaid on the taote, The motion was dofeaiod by & vota of 17 naya to 11 yoa "A motion to adfourn was & 3IR, F. W. PECK submitted a substituto woriea of resolutions to tho effect that tho University should be handed over to the Stats to bo male & Biats Univerwitr, inasmuch as a; present it was made tho hattlo-rrouni of the factiuns of one denoaii- nauon, 3fr. Peck rsid ho believed it would bo yerlectly practicable to_obtaiu such legislstion 28 would tranafor the Univorsity to the sStats of Tihnots, aud ho behoved it woald never enter upon 8 caicer of oxtended usefuiuess untll such widoning of its ephero was effoctad. A rambling discurston followed, tho apparent denign boing to talk out tho mooting, the move- maut befug engincored by Mr. Bonfieid. The previous queation waa carricd. and, nfter a mo- tion to adjourn had buon dafeated, the AURSTITUTE WA DECEATED bya vate of 18 in the ncgative, sgeinst 10 for the resoiutions. Vr. Bontield mosed anadjournment to Wednes- dny, which was defeated. AR, WOOD moved an amendment to tho resolutions, declar- ingit to be teo wense of ths Association that both Dr, Moss and Dr. Buriousls shiould dis- gover their conneotion with the inetitution. After moro filibuatering the provious question wag carried and tbo amendmont voted down. The resulutions wera thon adoptod by a voto of 11 10 G, cight not vating. r. Bouflefd ondoav- ored to get in a further resolution, lLut & motion to adjourn was caried forostallivg bios. —— REPLY TO DR, BOONE'S LETTER. DR, BMITH'S PIECENTMENT OF TIE OTHER BIDE. o the Edutor of T'he Clicaao Tribune. Cuicaao, July 26.~I am urged by gentlomen in whoso Judgment I confide ta notice tho letter of Dr, Booue, fu your issno of yesterduy morn- ing. Idothis with the more reluctance us, svith my expaifonca na editor, I can approciate so el low enuoylng to you this unhappy covtroversy may have already becomo. Sbould it pleass you 10 favor mo with epace for as mucl as I now write, § thivk I can promiso, so far as I am con- cerned, to spare you in the future. One word I must bo allowed to say, parlly In my own bebalf, partly in behialf of those in tho Board of tho University with whowm I am acting. Wo aro tormad * factious,” nud the numiwr of theso factious parsond 1s given as sive only, How utterly unjust 1t }s to apply Apy such opizhot tome, no man kunowa better tban Dr. Boono hirmeolf, Ho Las befure bim tho history of those troublod years, lio knows what Ihave eaid ; what I bave nritten, sud waid, and done. If my convictiony forbid my netiug longer with bim and thoso whom ho reprosouts, no man should bo tooro ready thay he, ovon it deploriog my ertor in judgmeut, to recoguizo tho impossibitity of the thiog with which hechargesme, DBut shom, furthor, docs this faction cmbrace? It em- biaces thaso sams men whom. in n foot- note, without sufficient warraut, bo atrikos from tho list: the Hun, J, ¥, Hcammuon, tho Hon, J. R. Doolittle, Dr. D. B, Chenoy. Are theso fac- tious mon? They sro all personal friends sud welt-wishera of Dr, Burroughe, but uveillier of them suetaing either by word or voto the act of the Board at its Iste mooting. Who elso aro theso * factious” men? Mr. Honry Groono- baum, wbo introduced in the Board meeting of the Bth the resoluiion to cousider which tho meoting of tho 13th was callod, aud which was to this offect: Resotred, That {t 1¢ tho senre of fhie Doard that tha organzation of the Univorsity ought to b zmended i 80 far 3a to Diake the oilice of Chaucellor an lionorary and ungslaried poudtion, rolioved of all Buancid re« sponsibility as vonuruted with the University, ‘This resolution dofincs Mr. Greencbaum's po- eltion, aa did atill more oxpheitly tha remarks with which he accompanied tt. What other men betong to this “faction™? Mr. A, R, Mooker, MMr. F. E. Hinckloy, Mr, E, N. Blake, Mr. Robert Harrin, aod Dr, Lo H, Smith. It is ampossiblo for oven one eo highly esteemed and honored as Dr. Boone, and deservedly ao, to disparage theso gontlemen by an epithot ; nor will the people of Chicagro saon believe that gentlemon such za alt thess whoso names I have given can bo inilu- ouced in their actlon by any other motive thau thie deuire to discharge with lidetity & sacred nad houorattle publia trust, ‘And'this lays bare what {s, after all, tho real et of this wholo question. The sovere, but fimfi tanguage in_ which Dr. Cheuoy character- izod the preamblo aud resolutions adopted on thio 18t sud the discussion in which they worn suppor:sd, will apply, I sm sorry to say, to this lettor of Ur. Boona. Througlout the letter, uy thnouphout that discussion aud the documout on wbich it was bused, scarcely ons word of allusion sppoars to tho Uuiversity cousidersid ss au institution of learning, represencing the great iutorost of bigher education. 1L la vo- whero implied tual any other pomt 18 »_{eano wavo the . ong personal to Dr. Burroughs, Tue couswdorate pullic will romember, if 1ir. Boouo does not, that the mermbors of thin Buard are put wu tasir place not to tight elchor against or for Dr. Burroughs, uor to protect or to kil either one wan or su- otler; thoy are to plan and act in their vory bent wisdom for the University, In a way to ba Just, no daabt, to all men, but with no personal que: tlons whasover, mako the ceutrs!and all-cou- trolling conwideration in thelr policy. Ir theso geutlomion, tuen, whom Dr, Bouno charactorizes s ** fuctiouv.” beliove that tho intercsts of the Univorsity call for the retiroment of one man or onotber from lts adminiatration, are thoy nut bound, i idslity to their trust, to savuo? Now, Mr, Editor, a8 cne converssnt with this unbappy history trom 1ts bogiauing, 1 must bear my tostimouy before men, sud stato planly some facta upon which tho publio may forw sn unblssed opinion. In a recont lettor I gave tha circumstavces under which Dr. Burrougns ratired trom tas L'rmdena{. Wuen it waa known that this was in_coutomplation, on {ndusnbial member of tho Board brouglht forward ¢hoe pro- pasal that, in view of the scope given to ths l)mvanlky {u tts plans, and thae largs amaunt of work dn the creating avd orgawmzing of now de- wartments made needful thereby, 1o might bo iudimnun tocroate an oflico especinlly cLarged with this service, inciuding the generul tinauco of the Umversity., In this It wad costow- plated that the two aticea of President and Chancellor shoul be co-ordinate, each with 118 wholly dintlnct sphure, nndd so vporating that neither ahould trouch upon the viher. Aw thua sketched out, the plan was broaght before the Board n a carefuily-preparod repart, iu which the point was ombplstically pressed that the Preawdency of tho Univorsity wust remsiwn all that the Uresidency of sny uuivemity e, with sl luducmgmveu and rn-&wn.xmmlu uuchangod. entlemen vxperienced In ed.icational matters were consulted, both in the Easi and iu the West, aud their favorabie judemont eucoursged tho Board to proceed with tbo measiie. Dr. Burroughs, also, scoeded to the arraugo- meut. After some dillicuity, $he necossary iclative action was secured, and the ofiice was never oommandsd crested. In the meantimo, Dr, Burroughs had indicated, In private conversations and io a formal pspor 1ald before the Executive Commit- toe, that his own vyiews s to what this olice should bo did not coincide with thoss of the Hosrd. e gave aa his concoption of the offica that it shuuld bo the real hesdehip of the Uni- voreity, and tho Prosdency mimply the hoadship of a’single dopartment—tho Collegiate. Iiia viown in this regard did not find & minglo snpe ricr, the achemo being rejected unanimour- In that conucction, ha expressad a do- sire that auotber person than himself ahould ba mado Chancalior,—in fact, declinod the offica. A committeo of tho Board, compoued of Monara. Doohttlo, hoammon, Me- Cage. lisrds, and J. A. Smith, roported that tiuy declinature ought to be sccopted and Dr. Buarroughe allowed Lo rotire. 'This waa onposed, avd as the rasnit of sl Dr. Iurroughs was for- :lmll‘v olectod Chancelior and Dr. Mlovss D'resi- et Your readors will §udgoe how far there are hers Indications of & compronisn or campact ot the partof thosa who acted sn tho matter. What wan said in the Committes by which tho nawmen of Dra, dosx and Burronghn wero roported to the Board for their respective offices, I cannot #ay. In the Doard I know tuat thers was no talk of compromis Dr. Moes was clected to tho Preeilnncy bo- ause lio was wsnted for that place; Dr. Burroughs, to the Chanceliorslip on liko grounds. I do not think that ona of sl those who actod {u the matier aupposod tuat ho wan bound Ly any compact, oxpresscd or implied, #o 38 to fettor his action in anything that juvoived tho lntereats of the Univeraity : but that the ar- rangoment was cniorod {nto a4 ono which was they bolieved to be, upon tho whole, the best. Tuo President and Chancetlur, in necepting timr reupectivo oflicos, accompauied their remarks with exprersions of mutual good-nill, some of Wwhich r, Bromn has quotod. But, {f there proceodinga vhall bo thought to indicate nomo principle of compromiso or con- pact as invelsed,—and of thac the public must Judge,—~by whom, il by suy one, hios that compact been brokon? Last wintar Dr. Bursoughs, prompted by dissatisfiction with a cortain_measuro adoptea by tho Board, re sigued, To tue Committee appornted to coofer witis um upon tho subjoct be expressed the iack of beart acd hope which hie folt ju lus work ; lus senso of the inharmonious elements in tho midut ol whict that work must bo don the claimn upon lum of his awn privato sifai an #boit, & view of lus own circumstuncos sud feelinze wirich, connected with oiber consderatinne, weemed to eatisfy those whn heard lnm tuat the position was an uncongenisl one to him, sud virtaslly an impracticablo onte, ‘Luie report fiiat rendered by tho Comiitten rccommendod that the remgnation be accopted. This wad subsoquently changed to s ropuit that tho = rosigoation nhad been with- drawn. ‘Ihls change was mado in dofersnce to the judgmeut of the Treasurer, who felt that tho Cbaunceltor could not you be spared, Tho agi- tztion of tho question of the Chancellor's con- tinnauco dates trom that point of tune aud from that vecurience. Ata meotiog of the Board hcld on the 8th igst., tho Chancellor, in a briof address to tho Board, oxpressed thd desire to bo zelievod of Aomo portiou of hiy duties. My recollection i that lie wishod to devote himaelf, wholly, 1o the raimug of the fundod debt, aud wished that somo compoiout mau sbould be puttoto the fiekd chargod with the more genoral finuncisl in- torestn of tho University. I[u 1hat con- nection he naid to the Board that ho wouid liko Aowa action to be taken upun the matier, sy being dmpostant sod pressiug. If the Diard thought best, ha ssid, ho was wilhng to retire altogether ; but he desired that 1 some way he wight be rolioved. Norw, if that lant remark of the Chancollor was sincere, 1t made tho quention of Lis cuntinuance in oflico manifestly s legitimate one, If it was inaincere, that gieation was still legitimate, At a mooting of tho Executivo Committce—n regular montbly ono—leld soon after tho Board meedng of tho lst, & provosel was made for a committes. to tako iuto consideration thiv wholo subjoct suggested by tho Chupcotlor. 'The importsuco of thia wubject wan the more felt, us tho present yem 1¢, educas tivnally, thio year of hopo for tho ‘deaomiuation af Chirwtiaus cbiefly ropressated in the Uni- vority, aud doep anxioty is foit that the Uni- varsty should «bare ity frujts 1o proportion to its own needa snd ciatms, both of which are at lenst equal to thoss of any othier institution, It was kuowy, besudes, that a wide-sproad distrust pervadod tho denomuation, while 1t wan sori- ounly doubttul whcther anything liko » genoral rally in bebalr of the ipsiitution could be made. wich tho oriunization 8w it stood. Memwmbors of the Doard—-trieid friends of Dr. Burroughs, as 1o aud otLers ought Lo adimit—had come honest- 1¥ to the conclusion that on every acconnt—tor his own salie, for the sake of the Umversity, for tho sake of all intercats involved—ho ought to retire, with overy expression of koi- oruble rospecs on the pare of the Board and sl inte:ested 10 tho University ; but still, Lo lesve a position whero his motives were misconstrued, his works omperraswod. hin good hamn im- poriled. sud he himso} & hindorauce, wuers ke 0 oarnostly worked to bo & help, In the spucial Comtmtioe appointed by tho Exeentive Committoo thess things were all cons widored, A pupor wan drawn_ by mywoif 1 the form of a raport to the Board, exprossing theso viows, and closing with resolitions designed to givo thom effeot. ‘The Commutico did not sdopt iy papor, but istead, presostel 10 tae Board s report wntten by Judze Doolittle, Comistusu of the Committow, tho desigo of wlich was to urge upon the Chancellor tbe imporiauce uf au eili- clont organization of Lis department. aud the vigorous prosocution of 1t4 wark 1 the year to come; quoting from the records thoso clauses in the sct orentng tho olice of Chancellor, 1n which that oficer is empowered to nominate agonte, and, with the concarrouce of the Execus tive Conuuitteo, appoint them. Thera was uo wtention of bringiug up tho question of rotiring the Chaucellor, The Commitiea cama betore the Board with Judge Doouttlo's report, and wish 1o ather. 0 In tho discussions that fulloweld inquisy was mada as Lo points which ouglit to have heon bo- fora the Boerd in & 1eport from tho Cnancollor. Disuatistaction wad sxpressed, aad the ioter- chauge of remarks flaally ended in 8 molion to abollsh tls oftice of Chaucollor, modided, subse- suently, into the resotustun by Mr. Groeuebaum quoted above. ¢ Then, again, Mr. Editor, I submit tho ques- tion introduced to the judgmont of your readers. 1 have o foar that any disceruing “aud candid persou will claia to tind bere the traces of acon- spiracy, of any eort, or & breach of compact. Iiven " if tho wubjoct had come bofois the Bourd in sbe torm given it i tho re- Lmrt drawu by myselt it would lave oon simply & question for tho dispassionats cousideration of ‘the Board. My own action in thacate would hava beeu promp:ed, partly by 1y own convictions. partiy by ths uigont pros- sure ander which § have for o loag tima boeu iuquarters—let m» way emvbaticaily—(rivudly to Dr, Burroughs peisonaily, sul un the pare of fluential meu fn the denomination to whicl I beloog, whowe judzment and motivos 1 am tound to roxpoot. 1f, alter fair considuration, the Board Lad decidod that the ratircment of tho Chausellor wan unuesisable, I sbould have ac- quickced, 80; I am persuaded, would others, av well, and wo shouid have worked with aud for tho Chaacollor, just as with and for tbe Presi- dent. But tne “question itsolf was a perfectly legitimato ope, Now, ir. Editor, I am nuder the necosaity of giviug 1t a8 my convictio tuat the action of thy Board on the 8l was seized upon as & piotoat by tho Authors of tho jesviution vacatmg the Presidoney ; thiat it waa an oppoitunity for which they hisd ‘beou waiching, sud which they uow eagerly grarped, Lum worryto bo obligeld tu bear wy testimeny distinctly, that eo far #s any breach of coutract oxists it 18 by the sucthors of that resolution, Mr, Greoucbauw [wnot s man 1o bo charactorizod as a couvensut-broalor, vet tua resolution which was the proper business of the medting of tho 13th was dranu by him, Those who sywpathized with bim 1a his views deaired ouly that tho question should have a far hearing by tho Board, They wado uo uffort to rully votors, Thors was in’ thair procoudinge uothing clandeetine, and nothlug in the nature of that violence dono Lo the Intorests fuvolved, wheh men sre brought i committed to vole In & partigular way ; not to hear argu- wents and sct upda evidence wnd reascy, byt vimply 80 vote. Nor cau 1 allow Dr, Booue to leavo the im- pressiou upon the miuds of your readers that o spocial offurts wore mado LY bimseif aud otbe:rs to the eud Just indicated. I kuow of two instauces in which members of the Hoard woro wr.tteu to by Dr. Boous, and telegrapued to by Dr. Barrangus. L know of st least ous wutance whero a member of the Board was embarransed in bis aciion by his commutal to voto a ceitain way before coming mto the Boaid st all. Thens, AMr, Editor, are the signs which accompany con- apiracy; thoy are indications of s purpose to torestull tho reasons to bo urged in bohslf of vital messures, sod, right or wrong, carry & pur- poss by dint of mers numbars. One importans matter of fact, aeto tho mest- ing of the Bth. Tha prenaible to the resolntion vacating tha Presidoncy stutes, what 1a not cor- ract, that members preaont =t tha anunsl mest- ing had dinporsed, and only & emall number were in sttendancs, Ir. 1oons spesk alao of hav- ing lumeelf loft the mesting, aud implies that vaverst lofy wigh bim, The composition of tho meeting was alimost perfoctly identical with thas of the anuual meetig. Dir. Bouno Lad indeed retited, but Mr, Thompsen bad come in. Dr. Chenoy Lnd also retrad, but what 'Lis yiawa are bis yotes on Lho Lith sniliclently shoy. ‘Thero wero fiftaon mambors utill preseut—fuliy an averags attendance, I m‘pun Mr. Editor, whut was aver and ovor saul in tho discussion on the 14th, that no parson had dreamed of & “trap " or & connpiracy, ‘T2 mudjectin ita final form came np accidentally, ea mnch qavstiona will pomotimes do in the conrse of a heated dis- cussion, And if Dr. Lovno meany to implv that upon hin going aut certain neu found courage 10 do what they would nave <hrauk from in h'a {wr‘c{uonu. 1 can assure hiwm that ho is wholly mis- aken. 1 am traly sorry to take so much of your space, but I cannot closs without raferring to the decla~ ration of Dr. BBoone, that the public mil flod thiat the Trustoen of thia Univeraity mean to bo its governnes. 1 bng to diffar from him whotly 410 what 1n tha proper province of a Board of Trustees, ‘They aro not governorn, but Trtiatoes, —two very ifferont funstions. I muust nay, far ther, that no Iiard of Trustces can vave a fight to oremide the judgment or distagard the do- mands of thore whom they reprcsent in the oflica they hold, What that judgment is, sod what tho e demands in the present case, i indi- cated 1o the atticlo of the Lraminer and Cliron- iclz to which Ur. Bouno refers. Respoctfnily, J. A, Butrm, e A NEW VIEW OF THE CASE., IT A “*BURROTOUS OB EVEUTS," To the Edstor of Ths Clucagn Lribune: Cnicavo, July 26,~Beveral pointa in tho Dur- ronghs-Moss discusaion havo not yet been pre- sented in & fair Jight, snda fox have notyet been touckod on at all, 1. It is not contended by Mows' friends that ho, Mcee, 5 a financier ; that ho lhas bad sus experience whatever in raisiug money ; that he wuuld have timo to do so if he whould be ro- stored to the Prestdency ; that he las any hold on finsucial men ; or that he would know how to 80 to work to pav the billa of the Unisersity for o sloglo year. The tuttion, amounting to $7.000, aud tho expenses, including tntereat, to necar £30,000, present a provlem townsd which Dr. Mous bios a8 yot dobo nothing, nor clumed the sbility to dosanything. Heus, at best, a mers precher and teacher. Jt he iy reinstated, thore mwt be a fluaucin! agont, call bim Chan- cetlor o what you will, who will givo promiso of raising the $30.000 or £40,000 & year nceded to aupply the above deficiency, Hnould Barroughy bo decapitatod, thiere 1n but ono mau of snflicient reptito na a wonoy-raiver, aud sulicrouttv in favor with the Moss miug of the Bonrd of Trus- tecs snd wich the Baptiet denvmination, to take Chancellor Burrougha' place, That man, of course, 10 Dr. W, W, Everts. Mo would bn the Chaucellor, and tho chotce liewn, thereforo, not 80 muca_belwoen roughs and Moy s botweou Lutrougbs and Liverts, with Moas sb tho figure-bead in tho dght. Kverts is 5 gontleman of suporior financial ability. Ho has beon miming ut the position of Chauvcellor for teu years, IHo in the ftichelwu to whom Mosn plays the part uf the inibecile King. Moss would be Lelnless in raising money witbout hum, and would pross ns naturally iuto the arms of Everiy as & chud into the bosom of his wet- buree, 2. Much sdo hss beon madn about Moss' acholarship. All tue Everts claquors are awift to— Bound the lond Himbrel o'er EQynt's dark sen in prame of Moms' learning, bacause thera fs nothiug clsu to praise Lusu for, ae ba hes 38 yot made no record in tho Weat. The fact 1, that Juks hiat cut aciods lots 10 bis prescut position of D. L. wihba celerity that bas left uo tune for scholursbip. Heo iv & man of natucal parts, HoRel saviiglennding of Saeditorad fures, it of (horongh rescarchi. At 24 yoats of ago, he was setting typo and grasustivg in a Com- mercial College. He went 10 Kohiester, expect. itsgs to tako n partial courno ; aud the wriser has been var:ously ifurmad, by somo that hio took avly a partial course, and by somo that Lo there gradusted. ‘Tho Lochester lusitution has two Gopnrimonts,— elassical and w theological ono, —aud 1 am informed that Dr. Moss took ouly & partialcoursein the cla sicul dopartment, fhuny o tull one in sho tacologieal. He s not, ther foro, & regularly-educated man, Then be was an oditor,—a pursun the least favoraole tu deep ecluolarship, bacause it iw- L)ll!!n aud demanls for succoss that snperfieinl nowladge ot evorything which ia abeolucoly in- congintent with lugh wcholar=hip {u any one department, As i editor of s weokly roligious pucer of the third class, tho Natwnal Japus, tua thou Ar, Moes was a st 2coad,—tnore farciblo than claseic; wore bolligoront thau discreo more like & bull-i-a-china-shup than most Bap- tist editors are, as thowe who roeall L furivus cridcism ol & certain work on the Atouement will doubtiess remembor, siuce its ferocity eaued 1t to bo kield up oy tho 1etigious prees gencrally a4 an oxamyplo to young and icoxpeticoced edi- tors. Beveralundoubted scholarsand Professors of the btghest culturs, whose names L ueed not publisn, declare as follows : Ouo, that Dr. Moss 1s LOL, 1D ANY Just seuds of the word, an educated man ; and tha: he hes no proper conception as to what education 1. Auother, that, **As be- twaen Moss and Burroughs, tuo latter, who wruduatod the turd 1o distinguished class at Yalo, 18 by far the ripest scholss, and the best teacher.”” A third, who has studled and taught n zeveral fuatitutions, declares President Bur- roughs to be ** to best teacher, save oue, he ever kuow in the class-roon.™ A fourth deciares that Moss Liag noitber the inatincts nor thy pol- jsbed mauncrs of & gontloman ; that he lag justly offended, iu the courso of hin flvst year in tho University of Chicago, evory momber of the Faculty save one; aud tuat 0ad in the I'ro- fersor who opposed Lis clection until it become inevitallo, on tha ground that he hud neitber tuo echolarship nor tho manuers thut would tit bim to filh the oilice, but, sinve fus election, hay wocially and iu print fawned upon and sattored him, and been as Boswell to Dr. Jubuson, 1o & mucually small was, In viaw of all these facty, I inust that Dr. Moxs' backera hava assumed and protested guito too much concerniug his vobolarship. Lot tbom firat wettle the point whetlier he has come to his D. D, m the regular wav or up tho back semrs, 8. Much Lins boon said of *+the unususlly suc- cossful your” of Mows' Prosidoney, 1 boduve the ouly snceessful stroko of tho year has bLesn tuo uuton of Jusy Medical Cvllege with the University, —& project which wse broachod aud under way before Dr. Mond came, whick oui atod with other members of tho Faculty, and In which Ir. Moes has not been & factor of much importauco, The tuitions durlug tho past year have besn 32,000 lesn than thy year preceding, — # Inlilug olf of one-tourth : which 18 ol itselt of suticiont proof that Muss 18 Ledgud sround by po divimty that 1s going to vave the Umiverslty frons itsdebts. Bo far w yet appears, Mo=s bay not added & pupsl, nor & penny, Lo tho Fesources of tho Umivorsity; sud, wuilo Ur. Barroughs waived o amoaut of hus own sulary ay Chan- cellos, aftor subscribing 22,000 of it toward paviug Moss' ealurv, Dr. Moss hes drown his £100 & woek frow the treasury of tho Uulversity with l"“' pptitude that indicated thiat, if the Univerelty wis destioed to go nudor, bho meant that it shiould 040 bim as litlo us pos- wmivla, At tha ssmo tine that dons' friends have boou passing around the Liat anong tho Trusteos, 10vILg them aa Truslees, nolons volens, aud bin g thew by resciution to pay $200 8 year cach fuwards Lis salary, Dr. Mors has, with * prawewortly tranknoas,” hoen declanng that thedo same ‘Trustees must ** walk the plank” i ordor to make way for new aud botler men,— i orts wmew, What kind of **scholar- obip® 1 this, which with ouo hand pauscs the groon-plate snd says. *Your mouvy, if you piowse,” wad with the other springs a baster- Jug-raum against tho eat of honor of the geuor- ous conttjvutor, prepared to **bounce 't ont of the inatitution eca yet his movoy has got well warmed in the pocket of thie Reverond bouncer? 1u this tne kind of worldly wisdom, Lo sy noth- ing of gratitude and bunor, which the Unfveraity of Clieagu Is Lo teack Ly examplo to it vonag mon? Is it plous to sccept » 72,000 contribu- ton tawaids ono's own salars from u Chaucsllor whow one has wx yoars provionsly deterioined to bounco? Is it puiite for Dr. duas to tuko of- tica jotutly with Dutroughe, as & comprumisn, with “no intost f:om the first to keop tho fuith ou which be was placed in olce? Bomo have calied this **mauly frankocss.” 11t be wo, then the oldeut of all vicss—troachery—has found » How uamo. L O, Y. THE GAGE CASE. Deciston by Judge Booth in the Sult Agalnst Gage and llis Bondse men, No Action of the Council Released the Latter from Any Liability, That Body Could Not Sanc. tion His Doing an Ille- gal Act. Dis Sureties Cannot Take Advantago of Any False Entries in His Books, Nor Can They Plead Knowledge of His Delinquencies by City Officers. It Was Their Business to Look Out for Such Things. Judge Booth gave o irmportant declsion yes- terday morning, iu tho case of the City va, Darid A. Gege, Tresaurer of the City of Chica- R0, snd hin surotios, W. F. Fucker, Albert Cros- by, J. B. Blermas, J. H. McVicker, J. A. Rice, P, Wilder, and Georze W. Gage. This sas & 5uit to tecover tho amount of Mr. Gaga's do- falcation to tha city, from bis bondsmen. The decision was technically on some demurrars to tho replications to the third, sixth, and essonth plons, but disponos of many of the ques- tions wnvolyed in the smt, and the rulings aroall, with ono exception, in favor of the city, Timo was given, until noxt Batnrday, for the defond. ants to decido whether thoy will amend their pleas or appoal. Yery fawv persons ware present in Court during the two hours occupied by the Judge in the do- livery of bty opinion. aud littla interest seomod to ba takon. 'Tho decision was singularly com- prehansive and explicit, covoriog all tho points raised by tho demurrers, aad » full Bbstract is given : This {s = action brought by the City of Chicago agaiust David A. Gage, late “Troanurer of ibe city, sud hia nureties upon the oifical bond given by Mr, Gags as much Treasurer for the due performance of hia du- tie diirfugz hin second torm of oflice, ‘The boud i in the #a1n of $1,001,0:0; tha condition that therald Darid A, Gage shuil well and faithfully discharg the dutics of muid officn as directed by faw and the ardors, ordi- nances, and renolutions of tho Common Council, aud slall account for and pey over all moueya roceived by Liui 8 wuch Treanurer fu accordance with the Law, etc, TUERE ARE TWO COUNTS in the dociaration—the Orat selting out the fact of the electinn of Mr. Gage, the ezecution and approval of the boud, hix enirance upon the discharge of hix daties a8 City Treanures, the election and qualiication of his #uc-easor, whereby bis term of ofice euded Dec. 16, 1974, and then churgea Lreach of the condition that at tbe expiration of hin term tie negle-ted and failed to pay over & lurge sum of wuney, $,0.0,000, to his suc- ceasor, THE ALCOND COUNT assigns Lo breaclies : Onie, that during the continu- ancr of Ik ofictsl terin ho appropriated to his ows u §1,000,000, and the other, that &t the close of his oftl teun lie wax {0 povseasion of $3,00,000 of the money of the city, sl that he neglected t_ pay over wnd re tajped {n ks Lands £1,000,0.4) out of thuw large sum, To this declaration there ary BEVEN PLELS The first craves oyer of the boud and_denfes the rxe cutiou thereof, Thesecoud a a plea f perforuance, aetting forth that tue conditions of tho saul boud were fully and complescly parformed, aud thereupon cone clardes Lo tue country. A similiter1s added snd thus isnuo Jolned, ‘The firat aud sccond pleas sre dled on behalf of ali the defeudauts, Tlho thisd and ail th succeeding Floss uro fiied ou_belnlf of the suretic “Tue third, siath, and seventh plean raise the a8 quentions suatantially, sod witl, therefore, La consdered togetier. Tho third ples sets forth the election of Mr, Gage onthe Tta of November, 131, for the penod of two yvars, & Clty Tressurer; that sa such Treasurer ho ras Tequired ta enter juto a bond for the fujthiful dis. charge ol hik duties 3 thatfu purausnce thoreof, and at the spectal instance aud request of tlio rald David A. Gage, ax such Treasarer, tiece defendants, on the 10th of January, 1572, eseciied a Lond, becoming bis nureties for the ‘fallbful discharge of bin duties ; thab 8t the o tho hotd wat executed it was required by law that defendent, David ey, could be required 10 L0:s Qie: Tuutiny® i1 rs Dbl beluaing 10 tho clty fumuch hank or banks or other place or places of gen- eral deporit 10 the mouner aud upon the condi- tions, ond al wuch o raw of inter~ est, s tbe Common Conncil might from tinigto time, by resolution, order, or ordiuance pro- vide, vrder, or direct; that ju wich case it wis the duiy of the Common Council, befure Much niohey wan deliverad to auchs bauk or batik:, fo cause syl a boud or other necurlty to _be given ta the city ow the Cota- mon Counucil rhould apjrove, Thoe defendanta then aver that after the exocution of that bond, oni the jkith of May, 1412, without their Luowiedgo and without kuy nolice to them, the city, through its Commion Caundll, authorized ‘and permiitted th eald trcasurer o LOAN AND DETOSIT THE FUNDS of the city then in Lin bands,or which wigut thereaflor came §010 hite Mands, Lo suck bauk or bubks, of persous, us be might deem best, without rejuiring suy Loud from the bavks or persons to Whom and with whoni auch money was lostiod and deposited ; Unt, in pursuance of euch antharity, to satd Davia A, Gage QL (0w (o ik duposit with differeut batike, corpors- tions, and indivlduala large samme of money belonging {01l city; (uat thacity, With tie kuowledgo and ap- proval of the Common Counel, roceived us tuterest » argo sum of 1oney on rald laans, but it they fuiled 10 take any bond oF batds from tho banks, corpr ttour, aud individusle to whour such mioney was Tuatie, i consoquence wheeeof the aaid sume of inouey mentivued fn the declaration were lost to the plajutit. “The defeiuinnts aver that, by reaton of plantim au- thuritug and periliting the City Trowurer to so de. et foan, ol Insuage the aafl funds, without se- (quiring sud taking praper Lomde thorefor, the duties st fatilithen uf said Treanurer were entirely chaugud, i Jaraely tncreuved aud varied rum tuoso existiug at the Hme the bund was executind by defendsuts ; and that i courequence of such cuatge 1o the duties, ebli- gatlons, and labilitivs of the aadd City Treasuier, thowm defrlants wero sltogsther relaned atd dise elidrged frons Abetr Habfitties on kad bond, THE BIXTI FLEA scrsnt that the duties of the City Troasurer, aa re- quired by law, at the time defeod it signed ‘snd o1+ conted auch boud, simply requirwd bitn 1o recelve, Bafely keap, and jiay 0ul 08 proper voichzre, all ot oxa Lelongiug t the City of Chicago, and did not o~ aiira or perunt i to losb, fuvost, or otherwiso deal with thie fupide for the purpose of gainltg a profit to tha clly or otherwige} bt 1y, the exeoution of the bowd in question, the etty witborfzed aud ro Julred tho Treanurer (o loan, deyomil, of othorwisy fuvest the cily fnnds with different banVe, corporatious, and ln- ividuals for the purposo of gain aud proht in the way of futerest; thct at dilereit limos §t aanctioned and approved of - unch loans awd fuvest- munts, | und from time to timo rucelvit largo amiue aw interest; and by such acts anl dolngs greuly locresing and enhancing the Hability of waid David A Gige, in con. sequenca whervaf thees wuretles are discharded from their Habilities, ‘The seveuti plea is substantislly the wam a3 tho sixth, only setting out the tacts witl gres ©F pasticutarity 1 sosie poftsts, To these (hree plons Lo Luird, wisch, whd neventh —the Pl Laa dlod A REPLICATION in the form of & apecial traverae, Iu_accordance with the well-kauwn principles upon’ which thix kind of traversa is coustructed, It consiats of twa pirls,—an fuducetuent and a formal traverse, concludiug nnder what 14 called tho alwjue hoo claure, 1n ¢ ordanco with (s rules of this class of plosdtugs, In order fo constitute a good traversa the inducement whould vet forth aud contaln tacls which smonut to sn argumenktive answer 16 tRe plesding directly tra ervod under the abuque koo clugse, The defeudaute in thoso thireo pleas Walch lavo alrcady been 1o to set upactson the pagt of the Unnmon which (hey allegu amanut ta an autuority to Ui C Treauirer to baun wd daposit the fuuds, thereby cu- largiog sud enbanciug bis habilitloe to sucl ut an tn releaso them froin thelr Uabulities upon i bond I guit, Tu the replicatious plaint{ef scts fortit i tho o e Common esoucting of tha avere fnducerent tus whola proceadin; Conucll i relsvina to the losning funda fu yusetion, aib ths tlerout iug that the pr v aro all tho actious bad by the Cosumon Cotiucl] relativo tu the subject, and hen travors or deuying under o ronchusion of the absyue kv clauss il tlie elty, thirough 118 Common Cancil ue oibiersi<e, I any way Tatifhod atly actof ho waid Davbl A, Gagd will refur- e to sy ity faude, oe anthonizel or permitted hlin, a8 Treasures, to o, fve 1, oF depowt the fundu 11 s ponsemsion we wch ‘iressires, 1o thi peplic: tlow (e d-feudants ave deniurred s and TE QU HOW FUESENTED 5 10 tho Coury by I rrer in, Whother the facts set Torth 1 thia {aducenioul aMOURY 10 w1 anthutity Ly the Common Council, utiler the law, to Dirid a. (e, to 101 o deponit thosa funds, - After giviug the detaila of the Inducemont, the Court sa ‘Cua decish bis question juvoives & esreful oxe- amination vf the city chartor. I inay refer here to Boe. 10, Ousp. IV., which contalua the foliowiny Janguigo s * (b Common Council shall have, subject 10 tho yrovisvus hyrcluadter contsied, the’ geuvral e 9 Y 65 Y ! ! NUMBEI_3{37, - v mansgement and control of the £ praperiy, real, perso fgiog to the corporstion,” It {s argued on hebsif o * & defavdsute tnak this section confers upon (he Chidmon Coune cil abaojute contrn) and suthority orver the fnances, the moneys, and ‘the fonia ot .lha iy, except 4o far mn restrained by * tha provisiona herejnafter contatned :® and It isisted ou belinif of 1h8 defendants that we aro o Jook for the brovilouh reforrad to in tule aserion within the Limits of thia Cbap, 4 of the charter— tnatalie languags cocesearily fimite flia cmamination 1or those provisiong 1o this chapter, Tha lbguage bs: *'Tha Common Council shall have, mubject {0 the prim vininon herolnafter contatued, tha general mansga- ot and control of tha finances,” xnd &u forth, It ix ted tlat his charter caitaiis some Lwenty-twn ¢ hapteew, troating on & varisty of suhjec 4 that biedn s hapters are Lo be regarded a if they wore scparata anek dlatinet Ithough enscted st (o same tian, o Win Lith of February, 1953, and constitutiug parts of one arganty law of the city,’ It in argued that If we e Ted lothe whcle charter for the provisions rlrictive yrocipions, §f amy), that it would be incou- rea it tha laniguage, becauso thero are turra rabir lirneling tie eliapter [ which thia aaction Lk ;l aloed, aid thatif we wers referred Lo tha whole jllartar, the lotut e muuat pecessarily hiavo been dif. freents'it won subject £o the gravidnos ;uma ': errinafier, contained," or z and :m}“mu‘r‘num as Bap, 4 limiting the genere d1nthin gsotion in trd coutrol of e Tauen nf th city. that thesfoco oo FUWER OF THE COMMON CoUNCIL 1» unlimited to diapose of thn city fiiln, 5 ,sud aitthe et of (h EoUNREY o Vi Qe oete s e, 0o oceamum for any Treanurer witroder, Tiio £onucit might estatlish & loan-brokery ot = duck the business thraugh any Jg({\."‘;"'\‘".ndm:::; adapt, of dej oaling, insning, Inverting, and vining the elty funds, If thelr suthonty Is abaotuie, Now, (Be aDewer to the argument that, from the fack thet thore sre thres chapters peaceding the one tn which this soce thon ts contained, It does not apply o the whole elars ter, I8 mmple. Thers are no provislons, o far an I can discover, relating 10 tue Bnsucen of o city 1o the tures preceiiug chapters, The Inogags, thares fure, 18 guile proper, ““aubject to the Nrovisious bera. suatier contained,” 'The next elrapter (Clap, by {s dos Yotell 1o the Treasury Dopartment, and tuere, if at all, fatuo place whero wo would lonk for the provisious *herolafter contained,” by which the pawers uf ths Commou Cotincllars o be restricted. It In obivious, tomv mind, that all the purts of thia cbarter aro to Lo cunatrued together, and that a Larinoulous conatrucs tion I8 1o be gaven 10 the wliole; that tus Comr slics bus fmportent functions, that the Treasurer tas fme portant functions, u that the powers cou- fcrred_upon the ' Councll tn (his ot section of ~ Chap, 4, whatever thos snsy ey £ be coustrued ‘in barmouy with tho functions, du~ ties, atud powers veated {n tae Comptrolier snd fn fua Treagurer, Hee, 13 of Clap, 5 providen: * The City Treasurer ahisll recefva all moneys belonging. 1o tisa city, and uhall keep bis oftice 10 notne place, to ba designated by the .Common Councll, appropriata to the keeping of suchi office, in the Treamury Depsrte twent. He sball keep hia books snd acrounts in au nanuer ae the City Comptroller or the Common Coun- il may prescribe, snd auch books wad accauats sball D2 alwasa ubject to the Juspection of eald Comptroil- €= aud tse Fuintico Commitie,” See. 17 of the sama chagler providen: % Tho Treasurer may be required o “kecp ol iwomeys in his bands belongig tn the ey i much’ place or places uf depont 2 the Comuon GCounell may by ondie nance provide, order, establb, or direct. Such monays ahall be kept distin:t aud separate frow Lila own moneys ; and La Is hereby expresaly prohibite ed from using, either directly or lndiroctly, tho cor- poration moury of Warrants ia bia custody and Kovp. ing {or his own useaud beasit, or for that of any wtiler Pareoi OF persons whomanever, I0W THE TREASUBES 18 to parform this duty of keoplng * all money in ble Lisuds " if ths Council auall have xathority 0 losn cr inposs of tiets aa thoy may think proper, 1am At & lows to discover, Again, the Treseurer is 10 do tin mibjoct Lo » penaliy for hia fatlura Vo comjly with these roquirementn, The 33 section of Cusp. & provides 4 Tho Treasurer and City Collector aui all receiversof city moucy are heroby required ta keep tafely, witbout loaning or using, all the city or publio moneys collscted by them, or wisa st auy timo placed 1 ther custody or dlaporal, Lilh the samo are pald over or directed Ly tho proper otlicer, warrant, Law, or order af the corporativn, to be traciaferrod or pald out, and to make &1l payrments {24 trawfers prompuy when therelo requirad Ly any lnw or order of sald corporation, or under auy regils- tion of the Comptralier, Andif any one of gl uile cers, or of thoss conuected with them in the colisc- o, afo-keeping, or dubursing of aaid_city o euucs sall convert to Kis o their own uss, in any way whst- ever, or ahall tise by way of investuient iu any kind of propestyor merchisuuise, or shail loan, with or with- out nterest, any portion'of said city wonays {ntrusts «d to him for sate kerping, disbursement, payiment, transfor, or for any uther purpore, svery such actal il e deomed and sdjudged to be an embezzlement.,” Thie cmbezzlenicat i declared a felony, pucisbable by fin- privoument o the Penitentiary. o Treasurer is ahe ruquired to giva bonda fur tue fatthtul pesformonce of Lis duty, Now that the Legislature shauld Juvo lue tended by Sec, 10, Chap, 4, to voét in the Cowmmon Connell absoltite control of ‘theso funds withoat pute ting thew under any bonds whatever, without sub- Jectiug them to any penally or Mability, wheu the Treasurer fu bold 1 such strict Uability that be s ro. quired to give bunde for th funds in his hands aud 4o Keep them mafely without using them, elc., under penalty of belug treated as a felon, fa ontirely neon- ceiravle to my mind. I must, therofors, construe th Language of this Sec. 10 with thess provisious cone taducd I Cap. O, regordiug the duties and rospoosls bilftfes of the Treasurer and of the Compitroller aleo. 1 Liave thus far referred to the provistons eontainmil in e charter as originally ouscted. Tuoss provisions, a8 wo obeerved, required the Treasurer £0 keep thi moneyn it his'lnnds belauging Lo the city fo such Place o piaces of deposit as thio Common Conticll might by ordinauce yrovide, order, eatablish, or direct, Of conirue, o the wbseuce bf auy order by the Council giving bz directions {u thia renpect, it would Le bis duty ta adopt such a conrso s ho should_ hlmeelf decm u- aicioun to cuable him 10 Keep the mouoy mafely 3 bt o no whethier the cane, moueys — ‘wars deposited in' purmnauce of sn ordininco by the Commou Council, or deposited in hia own discretion without uny auch_ordiance dlreeting Jutn, was be permitted by ihe original charier either ta joun or use tho moucys for biw own benedtor tha benefit of uny 1.erson oF persuna whomeoever, on pene alty of befty treated an o felon, It was, however, & weil-kuown fact that the Trewrer under thla chacier of 18} ‘WAS IN TUE HADIT OF DEPOSTTING MONETH 1n banke and of recetving interes: upon siich deposits, and the Leglslaturs soem 10 ave considured that tha ¢lty might as well have tho buseflt of that intercst. ""mT] in March 189, the cl compllab Wit abject, [The Judgo then rend fec, 18, Clap, 8 which = diroctly boars ou thts ' poiut, ond continued) Tils gave 10 the Common Cougel ot only the right to direct where the motey should be doposited, but alaa to do- terming the quanner, condition, and the rate of inter- «at which st wo Jud, whtel they could not do ao- der tho original chnrter-toey conld only provide whore the funds should be depusited and kept Sec, 17 haviag thus besn amended, 1t bocamo nucessary ta anmieud oo, 31, (After readig this amendment, and further expatfatiug ou thia yoint, Judgs Booth'p ceedod,] 'Tho question Is then prosented whether tha City Connctl havy ACTED UNDED THE POWEDS CONFERBED Dy thissct of Ma have they directed by res- olution or ordinsuce the Treasiurer 1o keep the nioney i s baude {n suy bauk or buoke, ar plcs or places of teneral depoeit? hava they dizected the conditions snd the rata of foterost, aud 80 forth, npon _sriiich tho moaney ahll be thus ept? The act of 186) provides further (Se= 4) tuat, o case any money belongiug to the Cilyiof Chlcago ahil, by ordiuance or resolutiv, bo orderad or di- rocted by the Commen Gouncil 10 e degosited 10 any bank or Lauks, it shallbo the duty of the tommon Councll, Wford any wuh tuoney i ko delivered to suct Laiik or bands, o caure wach boad oF bouds or “uther nocurity or securities (o be given (0 Slio City of Chieago a the Comumon Coutesl may s prove.” That in, the Legislature fu sutboriang fhe Common Coup- efl to provide for the depust of the city fuuds pon lusw, requirsd them at (he same timo 10 taka Londs from he purties to whom such funds wero loaned or dejodted. T thluk tue care of the Legislature ihus 1o protect tuy eliy fuuds tn of ftasll & surficient Anawor (o tha coun. el un Debalf of dofenints 1st thin Bec, 3 of Chap, awni n_Couoell wbsolute control over tue city funds, authorizing avirs thruugli sy agency they sco u lesislative countruction of what Was lntenqed, Whateyer autBority was conveyed in a general way by that Sec. 10 manst be construcd sa Bialifed aud roatraned by the provisions not ouly Witadsed i the orgual chartor in Chiap, 3, it also T ives steqdients 10 the urigine) csrter. Tlien, with reforeuce to thu facts set op i ti in. duceweut of (b replication under couslderation .t Woos ot spresr that the Council, by ordinapce or resclution, deimated suy bauk of place of depcsts Whiatever for he city fuuds, - All that {8 slaiwed, va Vrhulf of the defendants, s thst they nutnonzed, either by pTevious sutliurity oF by subsoyueut ratide eation, i Treasurer 10 loen aud deposit e funds as b wight deom proper I tbe exercive of bis discre s, Sow, i Tundorstaud tha law, the Commou Coun- i bad 5O AUTHORITY WHATEVER T0,DELEGATE THEWR PoWHRS ta tho Treasurer toloan the funda in (st way, If they hait aniy autbority 10 delegate thelr powers in advance Trowurer in this reepoct, aby scta uf theirs Iooklug ta ratificatiou of w vsdinge ou bue part of the Trvasures would b iy unpotent 3 and, If thay coutd not dulegate thelr_autbority {u advanca to -the ‘froasurer to loan and deposit Bis fuids, and fuvest them in bis own discrelion, tiey certijuly could noé ratify the ack after it Wit doue. * My view, therafore, (8 ist, adwitting ull these fucts (o Lavo ‘whiich ura set forf u (he 10ducoweut to Lhis pla i Fegard to tho aetion of he Common Councdl, it doss nok amount (o any suthority legally gives to the Treasurer 10 Qeponit tho funds upon foan; sad that, foasnuch sy the Comuwon Caun il huve uot, by order, ordinanca. or soaoltiu, desfguatud U place ot places of dopoalt aud by vondithons snd rate of futeres, the City Fremmuter was ti) hoind by the provisions of Ba-, <3 fo keep Lie 1woieys of tue Ity safoly, wathont losniu oF unilig Lhiew, subject 80 3 ponalty if'ha tranegresa Pereits ad that, consequently, bls violiiua of hie bty . ttar respect was & violtlon of tho duty which Lis wurchies bad become bound {lt hg shouddporforas, Cousequeutly the facts sed up iu e Inducemeut to this repllcation do oot ahount 1o A0 €3cUBS OF & Telssse of the sursiiss from tavi lauilitios, 1 FROCEED T0 CONBIDES THE FOUDTH PLEA, [Sudge Booth resd (lis pies, which, allez siiung e to ludg at 1! At o adogt. 11