Chicago Daily Tribune Newspaper, November 5, 1875, Page 8

THE CITY. GENERAL NEWS: which in this city aud at thia sesson of the year fe euctmous. THE PROPFR WAY to do bueineaa whoro a man ia patting in & fon- v iatfon on A main sireet 1a for him to throw s The eiatement (n yesterday's papar that olec- | 0 (7 idun over the gapln the mdewalk, over tion Judges were sequited to return the ballol- | y,icn pedestrisua could pacs winlo the workmen tazen In four days was incorrect. It should | wore tofling beneath. Nowhera in Entopo wonld Jray v read tho bal:ola and poll-bookn. | a person Do alloxed to mouopelize & widuwalic v e . I tor nionthe, and thrast peopls oY Into tha muddy Thetori eratuie yeaterday, as obsorved by ¢ Aitocts, or foreo them to Tonke s dotour, It 18 Alanas o, opticiay, 88 Wadiron street (TRBUNE | gyng thio practico waa stopped here. and now Duildio X w88 : AL B . u,, 45 degrecs; 108, ¢ that tho wet sendon is comivg on, the Huperin- w., 46 ., 435 B p.n., 431 B pom, 42 i tendnnt of Thuldingn has a chaves to win favor i interruption and hindsranca to tha stieat travel, 1t 1 staed that the partics who Wiavo bought « tho Post an d Aail will take fur: Donsession of ¢ tho paper au¥er tho 10k inat., when st will he- como Republi eat tn polisten. Ldvenrds will | hold the contralling interest. Charles T, DiaBiols, wlio hias eold many paols | on the county eection, and haa thereloro o con- sidorablo suiL of money in hin hands. writes fo #ay (hat the rucor thal Do haa abscomded with tho contentn ¢ the podl box ia an error: that ho brs lived i to rome Lrenty voara and pro- poses to stay : an 1 thnr ail holiora of tickets on tha winners will ho patd &8 03 ws the ofticial toturas are receiva 1. Daniel Worthingtan, 1 c of the judgos appointed to act i thy ieeinet of tho ‘Thirtoenth Ward, on election-day, staind to a TRinyNE roporter vesiarday that ‘the ballot-box nnd Opporition julges aid nut pud It an apnoar- auca at the polling-pirea until 4:15 o'elock Tuen- <oy moruing, by whtele time nlarge nismber of votes were cast, aud it was not paieiblo to chiango them frow ono box to the other, There were varioua rumera yestorday that it was the intention of tha Opponitiou to ttirow out enough precincts lu canvassing the recent-voto to alect Mr. Hownyz, 'Tho stores are net correct, howover. All tha Oppositiou want is tor have 1hings a8 they aro, which would fnsare the alee- tion of Muliov and Clearv. It 18 ntoderstcod tho anvassing Board will Lo the same an Iaat vear, ineluding Justico 1)'Wolt among; its mombars, A renowed effort is boing made to rawe funds for 8t. Luka's IHospital, one of tho most deser- ving cheritica ju the cn{, nud the Rtov. G, O, Stieot hns been empowerad to recoive, funds in its afd. Tho work done by the iuatitution has buen of prest valuz to tho sick and needy poor, of which class 5,201 Lave boen recerved and trested in tha lost five vears. (Mayitably-fis- poned peraons can make no hetlar uso of their &ilts thin to nesint Bi Luke's with them, and it is to bo boped that Mr. Btraot may he mndo thy recipient of fayvorable consideration smong tho busineas-men nud cther ertizens. lag’s paper it was satl that Jogeph ed that ho hud been duailted and assaulted by Erwin Maack, ot tio Conuty Clerk'a otlice. ‘Tho Iatter in ly thereto duvs that whilo engaged in conversation with esvoral gea- tlomen in frous of the S'aris-Ze’nng Building, Basigen commenved mmulting thoso prezent, cniliug them among other neaes thioves, bum- mers, seadawngs, and so on. Being dectded. Iy edverso to streel imbroglios, and wishiug to pieven! = row, ho roquested Tnetgon to withdrow; on _hia refusing 1o comply ho was taion awsy Dy a couple of policomen, but wien bulf way across Lao strect wan relensed by them ot Mauek's request. Maack theu valked with Hastpon down Wash- ington stiger, entreating him 1o dosist and to go Bome, uwl left i near the Lomd of Trade Building. Jir. Maack says he did this to save Tastgen from aswal-dservad punishuent, which 6 would have to swiTer had Lo coutinued his abuse. ELTCTION NXTA, A conafderable crawl patiiared in fvont of Applezon’s billiasd_ room o Clerk stroot yestor- doy afteinooa to eas the payuent of an elae- tion bet Ly i Apploton to wi individual callod Jock Brari+, ahas Diamond Juck. The terms of the wager woro that tho loser was to gaw ha'f wcord of woud ar forfore £100, which sum was yut up at tho timo the Let was'made. Tuo Wood was prohobly provided by the winner, in- asmuch ag I was rock maple, thorougly goa- roned. sud alont o8 ossy to cut as liguum vitie, The lo:er, who Lad at cue time oxpected to County Comimisatonar 1 placo of Cloury, stripped to ihe woik. and wob throuvh with it by tho simple procces ot culting os~h glick only ouce, und stopping (toquently for drinks, Tho crowd wero abpreciative, oud cheered tho logor goad-humoradly, whilo ho kept his temper wonderfully well cousidering the taunts thrown at bim by ona or ties of the peo- plo who took an tnwereat in the batling, Another tot wus aleo retiled duting tha after- nocu. A man usmed Coow, cierk fn Oooire Frendenberg's hgor storo, 33 Archer avenue, wheeled o 1sn namel Peters, & barber from Htatg strect to Archer avenun bridge and roturn, in 8 large wheeltnrrow, hoaded by a brass band. Threo Huck men walicd ua mide and thrae Hosing men on the owher sids of the Larrow to 220 that the bet was caried out. s e SIDEWALK OBSTRUCTIONS. A NUISANCE THAT AREDM ATIENTION, Complaints havo been more unmerous than wenal [ately abont 1o defociive wnd vbstructea rondition of tue sidewalks on tho South Side. A great wany peoplo ere writing lotters 1o Tie Trise unotny particulnr instauces, and ask- iog why such nutsuces are overlooked or al- lowed by the awhoritics. And thoro is some show of reason in tieir inquiries, slnco thero is, no doubt, much hinderauce to stroet travel from thincauso, 1t is not at all pleananc for & man who i 2 hwrry to reach a certaln point at - & given Gze, avd who a8 mukiog his legs sibrsio a8 rapidly A4 pessible to fulflll B3 kppuinimunt, to bo suddenly confronted by a mady ol brwke, horiar, stone, sod lumber, which cover tho ridewnll, and off-ctunily bar tho pas- esge. Heing thuy obliged to turn uat into tho Birees, Lot hablato he Jammed 1o between n couple of yassing vehicles, of to Le ran over, or tobe, at least, wpattered with mnd from the Lgots of tiwrase, 115 ia tugn to bo hiudered somevhut, and, if o doos 1ot losn his tempor, B i6 Al BnyERY, L0 miss bis appomtment. Inat uot nboat time that tha present roguls- tionn, allowinyg owners of Luildiga iu tho pro- cesy of erection to OUCURY THE BIDLWALK In front of thewr lot wera modilled sane to confer bowe rizhts on podestrisne? Tha present rules were mads bevo.Al tears azo when overybudy ol o robnlding, and when midewalg chatractions wera neces wtliy umversal, Priva- bous aud 4l inds of disagreeabio esperiences were etdused with fquanimity 1n those dagn bee causo expeeicd, New, lLowever, thiugs have d, Tho' ity 1w compactly built up and trade fows 1o s necunomed channels with §av wmoro then prictine foice, ilaye tog happily overcomo the groater difiiculties ard discournzemeny, it iy well enough for tue anthotitles to turn thoir atteution tu tho lessar vexations that bes:t Ntorally the th of bueiness, Evou thougb the rezulntion wing butlders to monopol 2« the sidowaikes be kot enztrely reecndad, it cortainly might by RESTIGUTED A8 10 TIXE, Now, it 1 ucual for bulldors to obstruet the sidewalun unui their vui R 8o complotod sl roady for occupaner. Lhey might vo com- lled, with httly convenience to thetnsalyon d jgreat nccomwodation to toe puviie, to keep the sidewalk clear after the foundutions are lad. Sidewalk luspection In a1 imporiant brancl of mnuicipal goveroment. Supt. Bulley, with tus tieive Inspectors and threo Coustablen. 18 kept constantly em loved in fouking after the coodi- tion of the wulks ou the diforens streeld of the aty, Cowplainis b rugard L0 aiy partioulur Jom cality are ulways listened to by biwm, and noted cown fu a bouk “wineh is kopi opon for that pur- oo in tho otico. Ho infosmod a Tuiu Ny re- purter yestorduy that he was dolug all in hiy puwer th mitigkty tho nuisancos that wero ro- vorted to biw. 1Mo had rocontly beon informed of the condition of the sidowalk on e t OF GANDOLPU AND DEARHOBY KTREETS, in frows of twldivg which is belug erocted by thy Licirs of the 1, O, Walker eatate, ‘I'iis aluo- walk has Leen obativeted for moro thau three wonthis, and bas been tho causo of & vast amokut of exectation oh he part of people io that netzhborhood. He promptly notitied the attor- noys {or tho cstate, and thoy bava promised to bavo the oLuauctions romaved immediatoly. ‘Thers is anuther fuatauce, ou Washiogtan, be- tweou Labuilv und Fifth avonue, whicly is also deselving uf wttoution, AL that point & Luilding i bowng erected, aud tha slde- walk is conmequontly covered with wateril. What wisked it wra aunoyimg. and aven denger- oug, fa that the sldawalk is hoto elevatod about 4 fect abovo the stivet, aud couneguontly the pe . stisa 8 oblged to step down that conuid- oruble distunco, tu order to ges around Lo ob- ssruction, sud then step up 10 roguiu tho side- walk, 'A‘Luru belng 110 gas lamo at this polut, this is quite 8 datgorous undertaking at uight, FUNTHEL COMPLAINTS are alwo common I rogard o eidewalks tbat are bewg toru up in oidor Lo replaced with stoue fage. Tl kind of woik can bo easily done, and qught ot Lo oc- cupy mure thay ono or two da Dug casey bave ovcurrud, sud are now occrrlng, where widowslis hsvo been jmpassible for weoks un this account, Huch casos arv miost usnal wheu tho work is dong by tho clty swployed, tho aatier not haviog complied with the order (o repair lus walk. Too much strous cantot be (aid upow the veceesly of dolng all such work Xmmmh', [T} overy doy of dulay causes wa yuiuld wwount uf aulong tho nooplo by simply keoping the widn- walks, which belong to the city and not Lhe | owners of sbutting groperty, freo for travol, s bl LOCAL LETTERS, EXTRAOMDINAIY AUROERY, Tothe Fditor af Tie Chicago Trioune ! Ciuteano, Nov. 4.~My attention hns boon &r- rested by two publications (ona {n your tssua of Kopt. 11, tho other n that of Nov, 1) of what in very properly termed an extraordluary surgical operation, which was rocoutly performed ot Slichigan Gannverdity, This operation consietad in tying tho common carotid artory, Tihoe cave a8 given was that of & young man named ety Ortman, of Ann Abor.who was senously Injazed by an explosion of gunpowder, Bounde tha aimost total destrmction of g eyss, hiy neck wad Fo lacerated with tho rhnllnre\l f :iass that nn fucision of tho carotid srtery | wag made. Tho outwrrd hemorthago was ar. rosted by clotted blood, but a tumear filled with blood began to form tnon tho rtery. Thia thmor incroased taphly, untilit 1eached nearly tho s1zo of & tuan's fist, and it was evidont that the thin gac would toon burer, whon death owst alinost instantly ou: This pecensitated tho opera- tion of 1yt the nreery, whicl was enceessfully done. One neeannt gives the eredit Lo Dr. Mac- Lean, the other to Dr, Prothingham,—bath of tho Modirai Department of Micligan Uniyorsi- ty,—nnud botl aceounty claim that there fa but ano vther successinl vperation of the kind on record,—that orformed by P'rof. Symo, of Edin- busir, rome LSeniy yOArs ago. Aly object o relioareing the above statement is simply for the purporo of putung upon record nuotbor case of ligating tho common cerotid ar- tery, which 1 witnessed when 4 student 1o the Medieat Dopattinent of Trausylvama Univoisity, at Leamgton, Ky, i the 1532, Tha oper- ator wan I'rof. Benjamin W. Dudiey, who was regarded in hts day cg tho the Magnus Apollo of American segeond. Tho snbject of the opera- tion was sbout 35 years old, nad tho occasion wan In consuquones of an abewtisin by aussto- moss of the branches of tho common caroud astery within the Iwim. Prof, Dudley mformed the clans that this was such a cage as was bot wot with npon record. ‘Lhw ansurismal tumor way g0 laigo that tho ovo of tho man was pro- traded from its socket to n very considorablo distauce, tho eyeball iteoll bomg vory much onlarged, ‘Theto was, nlxo, & motrusion vx- tending from tho temple forward to tho external canthus of the oye, and ita vortical diameter ex- tending from about tho temporal ridze wntil it rosted upon tho os malar,—tho whols tem- plo being thus enlarged. by & cowpleto mesh or notwork wado np by auadtomosis of the hrauches of tho carotud arterv. 'rof. Dudley ~aid ho way compelled to tufer that & portion of the temporal boue, tho tomporal plate of the os eplberoider, the orbiter tinto of the evo, wero abscr ed. Tho operation was an erabarrassiog and a tedious ono, ocenpying aboat thirty minutos; and tha embarrasginent sod delay weio oceasionwd b tho postion of tho inferior thyrowleal artor \Yhh“ll mndo itn wag just oxterior to the carotid whicl: was to be tied, and from the fact tuatn recurtont branes of the war vagum wea eavelopad dn the eamo sheatn witl tho artery. The acouriemal pulea- tion was almost iuetantly urcested upon tighitening the ligature, thougha very slight pule Bation was percaptibio up to abuit thirty hours, when thie patient was [Ast repotted boforo tho clasy, Mo was theu doing well, and ip about two weeka from that timo returned to lis homa in ‘Teonesrco. 1 regrot tha: i did not obtain more minnte inforwatioa of the cese, nv to tho time of his doparture, but thv ogetatien was successful 8o far ua it wad in the power of sur- gery to curs. 1 do pot know tuat a record of Trof, Dudles's aurgical cases was over published, but lua ropu- tason was co-gitontv: with tho entiro South- west, 1 mysell witnogsed his 161st and 1624 operatious of hithotomy, which witl ehiow the ex. tent of his practice. He was thon, berbups, hittie past nuddlo lifo, nud every variely of easy was brouglt to bini ¥, Croxsavou. NIOUT HCHOOLS. To the Eilitor of The Chicagn Iribune: Cicano, Nov. 4.—\Why is 1t that there in snch an nnfair location of night school in our city ? On the Wost Bide, 1am informel, thero are engst; while on the South Sido wo lLave but two, and thoy aro s situated as to mako it ox- ceodingly inconventont for those liviug in the southern part of the city to sttond thom. There ure hundreds of young people of both sexes in Oakland and Fairviow who, if thero wero anv ovenlut school in the Cotlazo Grove or Doualny School building, would JovTuily avail themse of the caance to improve their winds by spend- ing their ovenings in sludy under competont tuiors. ‘These are young perzons who aro competled to devots thewr timo to businews during businesy hourn, and who cavnot wfford to pay tfor privato in- wtruction. Ilust wo altow our chnldren to grow un in ignorance bocanse wo cannot afiord to keop thom in school? Heaven forbid! The goutleinen of tho Board of Education have taken u prawsoworthy stop n etarting uight-schools s now let them follow up their goud work by establishing s few mare, nod locating thom whoro thoy will be accessiblo 10 the young poo- plota sl i arts of tho city, o that if they grow up to wanhicod aud womanhood without having acquired a good education, the funlt stall bo cheir awn, Tt Tk Trinuse will only Jond ite volce in sup- pore of this causo, it will do 8 gaod which will be appreciatod by thonsauds, Tuyorasos. THE COUNTY OLURK. To the Editor of 1%e Chiexyo Trigunat Cuicaoo, Nov, 4.—L#oo in my Tripoxe this morning (bat tho Ropublican party is uot going to rest on its Jasrels, buc to bring the reppaters and other * hard cases™ to jndgment, Noth- ing is moro noeded than that. Now s the nc- cepted time te ecuro for timo to como honesty in eloctions. Ho fur the attontion of tho Uiti- zens' Asdocistion iw only called to fudges of eloo- tion aud ypesce-brealors. What js to be dano with Mr, Liov ? Lot us have tho points of the cawo in liv presty * anidavit busineus.” Ifo needs tho closest watcehing, for there {4 but little inlent ahout that man,To-day bo praises andworks for 1lering, s to jork hinou the ylatform at Farwell Hail.—1esing, who n fow yoms ago ealled him the dirsicst of wamica,—names Ho dirty tha no dicticnary has takon tuow up, und ho i raturn ot that titho opened ont and falrly covored Mr, 1losiug with nnd sl sewer-croum, A Lover ov Fais Pray. HOW TUL Pl Il VOTED. To the Editor of I'h Chicago ribune : Citcaaw, Nav, 4.—"T'ho Staals-Zeltung of yon- torday says that tho French voted for Mr, Kec- ey, The Gormau sheot would like to insiouato that tho French, baving refured Hesing's pro. tection, iavo acquired no right to that of Mr, Huck, but this will uat do. 1n the nume of the Permanent Committes, I am authorized to By $hiat out ot )l tho votew cast by French-Ameri- cau citizens nine-teuius went for Mr. Huelr, Tt 8 ot that we have auvtliiog to say apainst Mr, Keoloy ; Lut Mr., Huck was the princips! adver- sary of tho commou euvimy, sad we voted for Lim, Yours, ote,, 1. Hornes, Yor the Committes. e L THE COUNTY BUILDING, The Grand Jury Legan work yestarday, b did pothing of auy moment, ! TR, ‘Ylere baw been a vemarkablo falling off of olezks in the County Clerk's oflice sinca the cleo- tion, Those ewployed uow have roow to work {u at least. A few of tho members of the County Board wora arouud tho Dulldiug yeatorday, Tiwy had lost uoue of their blusness, It s urderatood that » cauocus of the old “ring" is lo be hely to-morrow to fix up things for ihe coming year, Bhenit Agnow ls bowed duwn, le has not, bawyver, furgotten tho treaimeut roceived n fow days 8o st l{\. hauds of & moraiug pajur, aud sayn that nothing but his ofticial posmition pre. voita him from commeneiug action tor dam. ages. \When ho lave off his **etar” wext ruy, 100k ous for mynalla, . Q:ita a number of ballot-boxes were brought into the County Clerk yostorday. Fhey vire recuived with tho ruma deziea of sativfaction that tho beggar receivos promises, Light boxes ave yot vut, nud the prowpest is that the cuuvese- ing of the vote wil nut bo commanced beforo THE CHICAGO TRIBUNE: T'RIDAY, NOYV’ 1 lont votng oAt be thrown out to elect Hesing, ‘Fhoy confess that the grapios thoy foed ou, howe | O¥er, aro exiremaly sour. | A lot wan yesterdny disclosed by one of the inmntea of tho Jail, to which he had'been & par- ty. to averpower the night-watchman aud os- cape. Tha plottera had roiied tyon tho inascur- ity of tho hinger upon tho cell-doors, to which 1ho atteution of the Commities on Jail and Juil Accouuts has heen directed. "Tha ** pap "' now enjovat Ly the Iaion and Caurier—piinting the procoedings of the Uoun- t ty Baard, is in & falr way 1o bo withdrawo, At Test tho favored arc manifesting an 1nesainess in tuo matter. ‘Fhio contracts thoy hold oxpire Docember 15t amd sinca the cost “of publishing the proceedings han Iargoly excoedod oxpncta- fion, and since the cJection is over, ¢ in more thau likely that thoy wiil not be ronewed. T'ha will of tha Iate Dr, Hahn was filed In the Conuty Coitrt geatenday, It bequeaths hiy } property of every kind whatsoosor to Lis wifo, aftsr e dobts have been paid, and nrovides ' tnaz at hor death 14 ahall be istributed smong thoe childeen, 8, Tiahn, Norman E. Haln, J. I, A, tiahn, Marin Hiabn, Mrs, Elien 5, Hall, Mra, dngtith Watrons, and Henty 3trong, n grandson, die wil names 1L S, Haho and Bdward P, [141) a8 ¢xocutors, sud will be adniitted to pro- g tomday, TIE MONEY WILY BE COUNTED. In tho County Treasuror's offico pruparation is already making forn eurronder to Mr, luck. ‘Ihe Aesjstant Treanuror, Mr. Duga, says that ho {'roposied to turn over the funde in groenbacks metead of certified checks or cartificatds of do- pomit. To make tho footings of the books snd fuliy prepare for the transfor it will ho necessars to closo the ofico tho day befors, Tho tranalce will bo made Tueaday, Dec, 1, aod the dato i4 indolibly fixed in tho minds of many of the empioyes. i CITY HALL. Tho Colloctor relioved tho tax-psyers of $16,~ OUI yestorday, ‘The Freasurer recelved 87,300.31 from the Coliector yestorday, aud $3,432.60 from tho Water Deparsment. Tuo Council's Financo Committes will con- sider referonces at i o'clock to-morrow aftor- noon in tho Comptroller's offico. Supt. Felton, of tho Bridewsll, came down to Aeo the Mayor yesterday, Ile says ho Las 350 prisoners to look after at that institution. T'ens inore reportors and 1ifty politicians wero around yesterday looking for election returny trom tho Town of I'roviso, At last accounts they lind uot gotten through counting in that precines. The Speclal Committeo of Aldernien on tho Iinilding law concluded their labors yestorday afternoon, The document bas beon {laced in the Law Doparttaent's bands, and, if the doctora thero get through ssith it fu time, 1t will bo sent to the Council Mouday ovouing. ‘Tliero wan considerablo talk and some bented anuuments about the Tank yesterday on the con- duct of tho Insh and Germsas in tho late elec- tion, Thowo of thho formor nationslity accused tho Iatter of bad faity, and tho latter retorted wilh sinular charges. Of course, the disputants wero Hesing men,—or had been, Tha Cphosition party haviug beoa laid on the shelf, tho city ofticials and ;emplovea havo again aestled down to their work, snd only a fow mur- ruury are heard neainst the press gang who took from tho pour clerks and aquandered it on 1 (sdng‘n workers, or put it whore it would do no good, The Mavor did not fond any name in for con- frantion for City Marshal 1ast Monday to tha Connerl, which did not moet for Iack of a quorum, and although it is coumdered probable that Hil. dreth witl be nerauttod to draw the sxlarv from now kil wpriug, thero ia no certainty of his ap- pointment. ——— CRIMINAL. PASRERS OF COUNTERFEIL MONEY, James Bures, Jawes Iivan, and Michaol But ler, were yvosierday arraigned bofore Commis- eioner Hoyro chorged with passing countorfoit money, aud, in the courao of the oxamination, tho doings of an extousive gang of *'shovora of the queer" were brought to light. Buros, the kng bee of thus branch of tho gang, has boen traveling through Iudiana and Iilinota as a cattle wmerchant, genoral dealer in produce, and eposu- Istor. Ilis method of procoduro was to buy whatever bho could among the farming community for cash, hageling vory little abont the prics— aud ulanys making o trade whea anvthing wae to bo weld. Ho invanably paid in_ $10 oilla on the Kicomond National Bauk. o) Rich- tond, 1nd, nnd tnoy were of course indoniably Lad. Oue of Liy trausactions, out of a largo uuwmber, was the purchaso of two cowa and a calf from n Germun (armer, to whom bo paid €130 1 bad bills—all tens, Ho went off rejoic- ingiotlis caee aud sold the cattle for good wunoy; bul the Geran, uuvl‘nfimulou to by, other stock, and tinding the money bad, folluwed him rod causod bis orrsst and arraignent. 11o was held in 5,000 bail to uppesr beforo the Distuct Court of the Unitod Siates for tius district, and in 93,000 bail to ap- pear before the District Cowt iu Indians, where ¥omo of the transactions wers alleged ta bave taken place. Michnol Butlor was arcostad at tho same tine a8 Burns, bat bis counection was not clearly es- tablished n to the bud monoy, He claimed to ba onlv adriver of catile in tho yay of Duros, aud enurely innocent of any conpection with all wronz “dolugs of his employer. This uid not appear ultogother probable ‘o the Com- ixsioner, and ho nucordlnglgohuld tho accnsed to the Distiiet Court in §3,000 bail. dames Ryan, an alleged mumber of the samo gany, was oxammed and digcharged on the crimiual accudation, but was hold e a witnoss. USCELLANEO _ Poter Smith lne accuecd Willis Dickinson of tio crinio of obtaiuing, under falso pretenses, H080 1 money, notes, and a cheek, and Justice ‘ute Lin# sot & bearing of tho caso Monday az 9 &, m. * James Fgan, burglary,” called ont the clerk of the Weat Divimwn YTolico Court yesterday normng, and just then Otlicor Libby grew Lorri- fiod, lucoming upto the court from the colls Lelow the thiot hind quiotly eneaked away. Wiliam Iutchioson “held up" Josoph B, Best nomo doys ugo, and Joseph mourned the toss of a flue gold wateh and otain, until yostor- day when Justico Sumimertleld returned the wateh and ** bold up™ Wilham o $500 batl to tho Crimiunt Court. Cunrien ilicky, familiarly known to the erooks Ay 014 Man " licky, \\'nyu takeon from confine- ment in Central Statlon yesterday and hold for trial before Justice Sumnmertield, on the 10th fuet., in 1,000 bul, s iiplication in ths robs very of Gen, Btagor's liouse s alone wufliciont to convlet Lim, Jonn I, Lidwards voted for somebody who way defeatod, aod felt so sore wbouy it that ho chailonged Louls West to s fistic encounter in tho atreet. They atripped off thelr coats and waded 1w, Oficer Ydwards arvested thom, and too Inte both of thom found that Loth coats had Leon stolon while thoy wers fighting. ‘Ehomas Medden, Jamon Clark, (Yoorge Bilbby, aml William Metiregor, four seal wfnu? Ln’i’r’u yentesday lodged tn tho West Madison Bireet Station for burglury of the rosidence of Charles J. Hunt, 1) Bouth Desplalnes sircet, snd for stealing fonr conts from Michaal Bhisy, of e No, 110 Wess Randolph sirost, They entered 1lunt'e rey denco on threo dilferent occasions, l‘lnd now ho caleulstos on gestiug even with nem. Ruortty after noon Wodnesday a boy named Poter Malloy, resimitg oo North Ilalated street, betwoen Erio anl Fourth stroots, while plaglog with vomo vthor boys of his age, got in & quar« rol with ouo of thow usmed Michimel Malwiok, living Ju tho rear of No, 16 flubvard atreat, Malwick stabbed hin oppouent over the right ¢vo, antlicting & sovero, but not daugerous, i\)uund. Ho was attonded by City Phywcian nane. For some timo past s tailor at 105 Milwaukee avenue, nsmed O, M, Christopher, Liaa missad sundry articles of clothing and pieces of cloth. Yenterdsy he nouced a boy playing on the street, and a oncw recognized the coat he hudon as gna recently stolen from s nhiop, 'Tho boy asid ke had bonght 1t of one Wiltisin Costiyan, and on s ovidence Coutigan was urrostedand his house searched, Apd pow the taitor rojoices and Coa- Ligan piuos away in the Muadison Htreet Btution, Jawea Conners and Georgo Neluon, the oue an srrant |xl:kl:ockel and theother a faituful af dent of **'I'he Romance of & Poor Young Man, fecliny ratliar dey aud dusty last night, con- cluded to try tho surf at ** Loy Branch,” s place w.101dy notorious for washlug heaps of gold dust umay, Neldou camp to hils ensea just as Oon- uerd was Lfting 1560 out of bis pocket, and for Yeugeanca turned Qonuers over to Offlcer Lon. doran, Bummertick), and throe mootly ln the Heuss of Correction. JLoug bofors daylight Wednsaday morain, Cornatiu Holtoye a” washor a3 0) Koseaiofy livery-gtabio, at”No. 454 State street, got into & Mondav, The Qpposltion folksbave Lhopes from tha tinal eonnt. aad alleke $5At cugugh raudu- porg Hght with Edward Carey, » boatlor In utable. Pitchforks, shovels, gy ricle shit could be hanaled, was mied in the \{mnnn * hrawl, which ended with the comnleto nxhanation | of Malloy, Dr. Funko attemte| him, sewed up | two long vashica 1o his head, and sonc him ta tho | hoapital. Cnroy mas also badly damagedd, it moro bruised than cut. No arresta. Tho Grand Jury in the Unitml States Dialrict | Court ¢ame tnto Court yestorday sfllornoow, i and roturacd & latge onmver of indietwenta agalust dwtillora and rectifiors of, and deal- ots fn, whishy. Tho number canuot Lo oz actly mated, ‘but the documounts furmed a large doublo armful, and tho contenta wore understood to bo anythiog but coueolatory to the joersons named therein, A consilorable number of the casea tinve bean noted from time to time, as tha facts camo ovud, b theie ars among tho indictmonts juss found the resuita of much invostigation shich has nover come to light, and which will probubly bo tiiet wado { known to the public by tie arrest of the peraous implicated. Having eapturod and safoly caged the prin- cipaln in tho Driggs band of conntorfoitors, 1 Elner Washburn has directed his attontion to- wards the dunes who are foonrh onough to pae the moncy whiol tho Dricga baud mansfacturod, Recently ho obialved traces of n gang in this city, who were working the clicap CBriud and saloons in the soutnwostern part of tio city. Ho apprised Soryt, 0'bonnell of his suspicions, aund tho hurly Surgeant yosterday marchod 1uto the Ceutral Station with the twu chaps, Washburn easily (dentittod them a8 old oifendors, and will briog them bo- fore Comtnisatones Ilayno an roon #4 the nocea- sAry witnessos cau ba HIII)LNL'IIIII.‘AI. The pulice closs ou thoe tracks of theic aceompiizes, and bave strong hopes of capturing thew in tho courso of a day vr two. Johu Ilarris, & young man about 18, of vaga- boudish tendencics, was before Cowmissiouer Loyne yoaterday, charged with pa-witig n cout- terfeil bill, on Wedneaday evemng, at tho saloon No, 505 Bedgwick strost.” ‘I'he evidenco shuwed that accuged and two othec boys wero in tho Liabit of going about tbo sticota 1n company, and while onaot thom went lutan store to minke some small pimchase and get a £0 bill chanyod, tho othera remained at a wafo distance, ‘Tho coun- tarfeits were all on the Nationat Bank of Poru, Ind. A polica oflicer who had kuttoa to kuow of the doinga of the pany ponuced on them and arrested ono (Harris), though the others excaped by fleotnusy of fuat, At tho conclusion of the toetimony, young Huarris was nold in $500 bail to tho Distriet Court, - — ANNOUNCEMENTS. Tho Sunday Locture Socioty annonncos Mon- cure D, Conway on “Tha Devil” for Sunday afternoon, 'Tno doors of McCormnek's Hall open at 2 and clodo at 8, Adwtssion 10 vents. Aiss Mary M. Everts, of this city, nill give the nest locturo of thte Athoamum Diwme Course Monday oveniug, at 65 Washington siroet, Ior subject will bo ** The Misslon of thio Post,” with illuatrative readings. Resorved moata for I T. Barntwm's lecture on *Tho World and How to Livo in It " are for salo this morning at Jansen, McClurg & Co.'s, A 44- pagoe pamphiot contatning Barnum's lecturo un *Ilie Art of Monoy-Uel 1 given to pur- chasore of reaorvod sonts. At the request of members of his own congra- gation, and of otber denominations, the Roy, 1t Hyder will commonce Sundsy ovening fn 8t, Paul's Universalise Clurch, n short sories of revival sermons. Tho subject of tho first will bo tho *“ Now Iirth." ‘I'ie public, withsut ro- gard to depominational lines, are cordiatly 1a- vited to attend, The Lecturo Con:mitteo of the Third Unitarian Chureh, corner of Monroo and Latibu elreots, han arranged for a werits of * Conversational Loctures ™ 1o the parlors of the church during the coming winter., ‘Tho first lecturo of tho seriea will bo g'von Monday oveniog by Monouya D. Conway, 1l subject wil be announced in tho Bunday papers, Mra. Loonoweas, ¢, D, B, Mills, and, it 1 hoped, Mr. Emorson, will appoar n thia course, o SUBURBAN, EVANHTON, The Village Truutees met at tha Town-Hall Wedneeday evening, thero being present Prosie dent 1luso and Truatees Iglehart, Brafnard, Wheeler, Taylor, and Kidder, A poutiou waa presonted, signed by desers. W. W. Cole, Willlam Decrivg, N. 8. Davis, and LMD Al , 1875, THE ILLINDIS RAILROAD LAW Supremo Court Opinion in the Chicago, Burlington & Quiney Case, A Reversal on all the Counts in tho Declaration, The CQounts Averring Extortion Deolared 1o Bo Defective, Conflicting Opinfon as to That Charging Unjust Diserimination, Tho Constitutionality of the Law As- smued by tho Decision. Elloct of the Declslon on the Chicaga & Alton Case Now Pending. UNJUST DISCRIMINATION, TR PEOPLE V8. THE C.y D & Q. MAILROAD, Sveeral Duapatehs to The Chicago Tribune, 8rutxariesn, 1il., Nov. 4.—Thoe opiniou of the Supreme Court in tho caso of The Iooplo vs. ‘I'ho Chicago, Durlington & Quiney Railroad was filed 1 the Clerk's oftivs bore to-day, and dis. souting opinion wss aleo filed, The full text 18 givon below ¢ ‘This s an action of debt brought ta recover pen. alties under tho act 1o prevent extortlon and unjust discrlmination in the rates charged for tho fransporta- ton of pavschgers aud freight on ralirous in this State, cte., spproved May 3, 1873, The suil wan ot mciced May 2l, 1474 The declsration con- lalned tventy counts, the first nluetecn of which were for oxtortion, und the twentioth ons for upjust dizeriintuation, e defendant pleaded thres apecial pleas, to which s dowurrer was sustalucd, and tho do- teaudant electing Lo abide by tha pless, tho Cautt, the Jury being walved, heard tho evldence sud fized’ tho peuslty for A VIOLATION OF TIE BTATUTE at $1,00J, 81 gave Judgment thersfor, from which do- fendnns_brings thin appeal, It is urged that tho court Lelow erred in not carrying back the demurser and austsining it to tho’ declaration, Appellant fusista thnt the dcclaration a defective n Lot aver. ring tint o schedule of reusousble rates of cluaeges for {he tranaportation of passetigers and frelgut had been eatabilshed an provided for by the elghth section of tho act, aud that tho detendsnt had demundod and recelved compensation in sxcesa thoro- of, ‘uo statnto provides in Hec, 1, that “if sy rall- road vorporstion in this 8tato snll clargo, collect, deniand, or receive moro than a fuir aud reasonabla Tute of tull or compensation for the trausportation or {rewtht, etc., tho same shall be deemed guilty of ax- fortion, sud upou conviction thereof shall bo dealt 'with * an hereloafter provided,” and in See, 2, that “if any such rfaliroad corporation 6hail isko any unjust discrimination in i raten or chargen of toll or compenation for the tranaportation of pussenizer or freight, cte., the knme shall b deemod guiity of having violsted tho proviaious of tho act, and, tpon conviction, shall be treatod as therofnagter provided,” TESALTIER. Saction 4 providea that *sny wuch raflroad corpora- 4ion guilly uf oxtortion, or of msking auy unjust uis crimination ms to passengers or frelght ratos, et whall, upon conviction thereof, Lo fined in any s not less thun $L,000 nor mors than §5,000 for the first offenso, and for thu Second offenso nat leas than $5,600 nor more than §11,000, ond for tha third otTenso tiut less than §10,000 nor more than §2u,~ 04, and for srory subsoquent offense nnd couviction thereof shall bo Jlablo to » fine of $23,(00,” HCHEDULES, Hee, 8 directs the Railrowd aud Waroliouse Commia- rioners to make for eich of tho raflroad corporations uoltg Lusiuess fu this State 18 soon as practicable s seliedulo of ressonable max{mum ratea of charges for tho trausportation of paskengors, frelghi, and cars, on eack of said rafiroads, and safd schedules shail {n ol auits brought aga{nst auy such rallroad cor- poratious, whereln ie 1n auy way involved the charges of any such corporation for tho transportation of any passeger, or freight, or cars, or unjust discrimina. {un hr relation thereto, bo decned and takon fa all conrts of this Stato as pruna facio svidence that tho ratea thereln Axod are reaxonsbls maximum rales of hargea for the tranmportation of frelghts, and_cars, upon the railroa id clively prepared, rebicdules nay have beeu rey S\l Comsulssloncra shall from “time to Hme, and an often 8s circumatances moy Toe quire, chingo and rovido sald schiedulos, When any schiedules ehall have been mado or rovised os aforo- vald, fteball be the duty of sald Commlssioncru to ¢aurs publicatiou to bo made for three successive ‘Weckn fn some publle nawspaper published in tho City of Springlleld, in this Stite: provided, that tha Philo Judson, prayiog that an alley be oponud through their block, in accordanco with the origiual piat of the villago., Roferrod to tho Cowmittes on Streots and Alloys. A petition wos aleo presented, numorously mgned by owners of proporty on Davis stroct, prayiug for o rebate of né least 25 por cent on tho epocial asseasinent for tho Davin strect sowor, on the grouud that the work was to cost at least 30 por cont lesa than the original onti- mato on which tho asgossmont was mede. Tho petition was roferrod to tho Committee on Taxes und Assessmonts, 1t being siated that the **ax- tran " on the sower altondv amounted to over #1,000, aud that it would Do impossible to know u;nwl:lxunt coat of tho sowor until 1t wus com- pleted. Tho Streot Cornmisejoner roported that ho had succceded in collectiug £219 on sccouns of poll- tax sinco his last report, showing that abong 140 of tho 700 who voted ‘Luenday have liquidated their liability in this rospect. . Agplw-uonu for the position of Chief-Fugincor of the \Water-Works were received from Thomas Darboer, William Lawis, and David Lavigan. Tho Olerk was lostructed to buy wome postal-cards :{\d acknowledgo the recoipt of the communica- ons, The Committee on Water-Works prosontod tho following roport : Your Committeo on Water-Worka would roport prog- rean at tha workn aud overythiug ranniug well. - Tio recent storm filled the mand &0 Unltly shout the crib o either sido thas & sufticlent supply of water conld not Do obiatued in case of auch an eniergency s a largo fire, without opening tho outer gute, At present, however, thia sand bank is minstly washed away, ung 1t 14 probablo that uny_dermand could b supplied by the ordinary moaus” of fltration. To quict Ay i prebouslon” fu the matter, we would -~ say that by opentug the outer gate ‘un unlimite supply of water ¢ Obbatnad, bt 0 ievent the accumistion of sand be dirt {t1s'not desmoid beat $0 rexors to this means nolesn required. . ., TUn worke are uow in charyo of Meesra, Baunbiior auwl Yeeney, the Sevond ond ‘Third Engineers, with oue assletant, tho same an Ban Leon done ainco tho reslgnation of M. Story, uud are apparently rannivg wore sitsfaciorily 'than ever dofore. . . . Tho Cowmittes have doe- culed {o rocommend to tho Hoard to onggo 3r, Ira A, Holly for the position of Chicf Lugiueer, ot a salary of §1,200 per year, subjact to srravgoments for trial, 08 w3y be agreed, The report was accepted, and the Committeo waa authorizod to engago Mr, Holly upon trlal for two months. He in a son of Mr. A, DI, Holly, who constructed tho Evauston works, and. a nophew of ‘the Holly, of the fully Compan: to whom, it was stated, his appolntment wuum bo watisfactory, 1lo haw rocently been lucatod at Burlington, Ia. Bids woro opouod for the eroction of a frame Luilding over tho erib, s follows: J, N, Maroy, #1,600; Puls & Huse, #5953 (i, Darrott, &570 ; Hardv & Adaws, 3005 J, C, hcDougal, $498, ‘Lho Committee on Wator-Worke were autliorized to contract with Yiardy & Adams for the con- struotion of tho bullding. scoording to the plany sud spociflcations, for 8500, ‘I'he Committes on Judicinry raparted thsat tho organization of tho Pioncer Fira Company bad been eTected according (o ordinance. Bulls to the nmount of 37,58 wore ordered paid., Adjournod till Tuesday weok. PARR BIDOE. ‘The veguiar monthly weeting of the Doard of Trusteos was beld at the Clerk's oo Wodnos- day evening, Nov. 3. Present, Drosidant Jaynos, Trusteea Manstield, Hassomau, Itobb Drouguton, sud Tonant, A communication waa raceived mnd read from R. W. Meachem, offor- ing to delivor 160 yards of gravol from hie gravel bad on tho streets, to test its valua s compared with tho gravel from tho Murphy pit, On mo- tiun, it waa unaninously redolved thut a contract be entored tnto with Mr, Meachaw for the 150 yards gravel at 00 cents per ysrd, On motion, it was unanimously vesolved that Johu Vlynn be resppointed Village Conatablo. A vetition was received and road from I, Ruti- gun and others for a mdewnlkon tho south side of Cedar etreot [rom tha corner of Prospect av- @nuo east to thie cast lina of Block 5, in Meacls an's Bubdivieion, and, on motion, the prayer of the paiitioners was grantod and the wide- walk ordered butlt within fteon dnys, 1n pursuanco of the rocommondation of Hteeat Counlusioner Chittenden, the sidewalk ou tho wout side of Prospect avenue and the orths slde :z I};;rkfl:‘ven:& fmr:-] tho -‘Tm to Mra. Fronch's 3 10, condemued, au i dered butlt witbin twenty day ke nen b o Certain propertv-owsers having failed to build '\"de"'rl;k :’I:‘ lu:m of Llock 5, Hodges & Mor- reonae Bubdivision, &8 previously ordered by thie Board, tha Clark was' fustru lh'i.:lzlx m‘/'.‘ompla:n 14 at ouco. Hibiad N oty o Comumitlea on Niraob Lemps wers in- :IJouv:xed to purchase three llmpnl!or village ‘The President of the Board of Trust auhorized to algn village oruera rorrl‘lla‘o ::n::: of gravel delivered on the Murphy contract ss 800n a8 _ostimiates for Beplember aud October are made A by sbe Commities on Birests sad nchedules (hus prepared shall not bo takon as prima fncie evidenco as herein provided nntil the sshedules #hall huve been prepared and published as aforesaid* for all thio railtoad companies now organized under thie laws uf this Stule, and until the 15th day of Janu- ary, A, D, 1874, or untll fon days after the moct. ing "of 'the ' next rosaion of ~this General Assembly, provided a session of the General Assembly whall be hotd provious to the 15th day of Jsnnary wloresaid, ete, ‘TIE CAAROE OF THE OFFENSES ¥ in thedeclaration Is in general form the lsuguageof ons of the Courts, which 1a thia respect 1s o falr spocimen of ali, being that the kum charged * cxcoeded & fair and roaxonable rate of toll and compensation for tho carrlago of tho goods fu the sum of $1,01, and waa theu and there unjust, unfair, unressonable, and extortionate, coutrary to the form of e stalute,” cte, Looking moerely at the firet eoction of tho atatute, tho deolaration would ssom 10 deacribo {he statutory offense, That ssction by {taelt uimked the offenss fo conslat in taking more than 8 falr und reasouablo rate of toll and componsation, withuut reforenca to any standard of WUAT I8 PAIR AND REASONADLE. 1n such care, it may be seen, diffcrent persons would have different opiulous as to what la'a fair an sonablo rate, Courta and jurles, too, would differ, "aud at one timeor placo a defendant might be con- vieied end fined In alarge amount for the eame act which iu apother place or st another time would be hela to bs no breach of tho law, and what wmight be thought n fair and ressunable rate o ono rosd might ba coualdered otherwlse upon snother soad, Thera would be o certainty of belng able to comply with (he law, A railroad corporation, with the purposs of conforming (o the law, might fix s zates ol what it Lellaved to bo rensonable, sud yot bo subjected to the heavy ponalties hiero prescribed, Tho statule furnish- es evidence that {t did not {ntend to leava tho aitroad compaules in i ntate of uncer- tainty and danger, ond exposcd Lo such scom. fug “injustice. Wo must look tu the eutiro statute, aud to overy part and provision of it, to losen 4n what tho offense s really mado 10 cousist, Tho elghth section provides how ressonablo ratos shall be ancertained, what they sball bag that tho Rallroad and ‘Warvhouze Commirsloners should make, for cach of tho ratlroad corporations in the Stato, & schedule of RESAONANLE MAXTMUM RATES. thus turnishing a uniform rule for the guidance of the raliroad compun'ed, When that {4 done thers will ba & etandard of what 8 falr and reasonable, and tho statute can onformed o and obsyed, The careful proviston made by tho statuts far the publication Ina publis newspaper for n length of tino of the schedlo when made, and thnt untii so published thoy should not be such prima faclo evidence, Indicates, 55 we mey auppose, the Texistative tuiention (st tho ralivoad compaiies stioula Liovo fair natice of the schedula of rates, and go Luve the opportunily afforded to themot being able to con- form thoteto, The provision (o that achiedule of rates 1 10 bo nnde for each of the raiirasd corporations in the Stute, and i auotlior tndication in the sams diroc- tlon, Weare of opinion, from an examination of all (he provisons of tho s aken together, that o disre- gard of the acheduls of ratea to ba proparsd by the Matiroad and Warebouss Comrminslonors, A NEUESBALY ELEMENT OF THE OFFENBE sgulust which the atstute Is dirocted, la the charg- fug niore than tho maximum Tates fxed by maid Yoard of Comtnisaionors, which makes tho Company ullty of extortion under the statute within {ts tru in. eut and meaning. Wo_cantiob think thab until this aclicduln of rates wan imsde by the lioard of Comaits- stoners thero would, tnder the atatute, be {ncurrod s linulity for untcssousblo and_extortionato charges, nor that when made, that for tukiug the rate fzed by tho schedules or lons rates, that the statutory penul- ties would be fucurrod, even though proof might be mads that the rates 60 taken wero Just and ressonsble rates; yet in auch st cane, according to thia torms of tho firal soction of tho stathite and the iuterpretation ut upon the act by the apnelles, thers would have n & commivalon Of the atattitory offense, as there would have been tha takiug of wiore than' fair ami feasonable zuto, Tho evident purposewad o roqu- Jato and fix, a0 for aa the Laghlsture might, the ratea of rallroad charges, sud to punish the taking fn excess of tho fixed rutet ; and tho form of the provislon nking the scheduls of rates rima facle avidonce of what were eazonablo mazimum rates was doubtless TO AYOID THE OINECTION INDICATED in tha opinion n the Chicago & Allon ltallrosd Com- pany va. ‘Tho Pooplo (41 1iliuots, 10) to the Yeglala- turomakiug 6ay vl Tales conchiaive of what waw reasousblo and to follow what wes unfavorable from tbat opinion that tley should be made but prime facle evidence,’ It s trus that tlo taking of higher rates then thoss fixed by a the Commirsloners’ achieduls of rates s not the eanct foru of the atstutosy offense, aud the taking of such Liigher rates might not subjeck to thu penafties of the atetute upon the insking of proof ihst thoy were uir aud voasonable, 8L, a8 we visw it to conat {ha nifenye roally destgued and intonded by the st guarding in ita whole scope and purpose, the rates must have been in oxcess of the schedule rato, 1t was uot envugh then, we think, to bring the case Tully within the provielons of the statuts, thiat the rates charged were slnply unrossonable snd extortlons ate, but lhr{ should Luve besn so mccording to the rulo of reasonabieness to be prescribed under the statute, aud we ara of opinlon that the declaration 10 this resgect ‘WAH DEVEQTLYE thst & schiedulo of rates had been established by the Buard of Conunlssloners, and that tho defendant bad recelved compeusation L oxcess of those rates, We think what has alresdy boon sald suf- fciently mbels the position taken by apjelies, thas the statutory offenso consists stmply in recelving more than a falr sud ceasonable rate of compersstion, snd thiat tho acheduloof rates {8 bug prims facie vi lesce of what 8 reasnable, und {bab it s 0ot uocessary foF & patty 1o plesd ovidence. In_ibe view taken, tis schedule of raies is something more than evideucs, It 188 fact upon which \ue actlon resta, Under ibs con- stitutional position the statute would gu into effect July 1, 1813, and so f5om that date the 1st and dth sec- tons, prohibiting snd imposin, 1ee for extortion, b in force; buy the 8ih seciion, provided that the in not averrin; nchedulen of raten conld wot b weed 8 primasfacls evidence until the [5th day of Tannary, 1674 appet Teeva cotinke] tuako a pabnt tpor this na eviselog that the cuistenra of the achedulea cf roles wan 1ot eréential to thia commisaion of (ho offensa of extortion under the acte Bt wa can view (hinan hat AN ACCIDENTAT INCONARUITY i1 the reapect natned, ot entitlnd to ik seriona re- AT a8 to bo of controlling Turce In determining the true conatructinn of the statute, But it i fnsleted on 110 part of appelice that tere {a at lcast one gond connt, the twenideth, that which declares for iunjust o, Tho cliarpe in the count’ te ofendant madn an unjust discrimination in I8 rates wud charges of 0l and comuonsativn of frotght frum Quiney to Macoumb, fu that defendant, on the 11th of April, 1474, tranaported for James i', Ap- pirgata nnd Hamtiet’ Doddd, from Quiney 1o Macoml one car-load_of horsca, commonly vatlod ponies, a o fanco of 59 miles, 'charging therefor the aum of $2%M4, belng at the rata of 49 centa pr mtle, and that defendant, on tho iith of March, 13574, trana. porteil from Macomb to Chicago, a dixtance of milee, for Tobert Hmithers sod James Robitnon, ono carload of horwes, charging therefor only the sum of £35,20, beingat the sats of 47 cenls por miin for the carriago of wabl car-loail of horees, contrary fo the form of tho statute,” cte, The stabnta’ dofiney i Hac, A4 thio respect o unjint discrimination, ay 1t pros vides it Hec, M, i resrect to reasonnble ates, what #hall be BEEMED AND TAREN A8 PRIMA TACIE EFIDENCE of tho unjust discrimiuation” probiblied by Ui act, The lauguage of thy setfon in - rewpect (0 fretght In ChaTRIR B greAter amonnt ol compansation for “any distance fthan is ab the (imo charged for the trausportation I the samo diection of any passenger or like, qunniity of frelght of tho wame clars over a grestor distance of the ranic raflroady hin cunnt, we' think, docs not pre- vent antato of facts whicl plows n violation of the atatute, i that there 18 0o averiment aato tho renpoct- {va frelgits bolog of liks quantily of the samo class that in- reapect of auch freight that was a_ligher charyo for o lees then for o greater distanco. ‘There {n 1o averment wliotover \pon thia head efllir fu respect of the numbers of the anhnaln name ] or thefe welght or tho or claw of the cars containiug thern, or otherwise, Tha sec- tlon ftadf recognizes the fact of thero being 7siiresit for fu defining it provides cars of different classes and unmbe unjust discrimination in reapect to hat they bo of $ho * Fams clars o nunber,” 'Tho d seription of the reapective frelgiiis vicrely aa one cars load of ponler, one cat-load 6f locaos doe put, {u our view, suiclently show them ta ho * ke quanti- ties of froight of tha samie clasa,” Tho rules applics ble to the euforcement of pennl statutes require that it should bo made clarly to apposr that TIF, PRAVCISE STATUTORY OFFENAR haw been commiited. Doing of oplnlun that the dn- ‘murrer should have beon carried back snd sustatned to the declaration, fnatead of to tho pless, tho judg- ment will Lo reversed, Judguent reversod, Beott and MeAllstes, 3, 1. DISHENTING OPINION. Judges Walkor and Bchoflold filed tho follow- ing dissenting opinion: Wo voncur 10 reversing the Judgmont in thia ca Luc dissent from the reaxouing of tho oplnfon of { mnfority of the Court, eapecially €1 far a3 {t oy be #ald Lo nenumo the conatitutionality of the act under dincusaio tha majority of the Court hinvo avolded any discurlon of the real merita of tho rare, wo il not deem it n ty to oxpromm o viowa at length, Wo bold that tho first, second, and third sections of tho act create complalo offennen independent of tho elglith sectlon 3 tnat the fourth mection Imposes penals ties for fheir violations that the elghth section only rescribos a rulo of evidenco on the trisl for the recov- ery of tho pouslty, Whather that section ia vulid and Jina cliangel the Tulo doea not, 54 wo think, ariso on the “ploadings, and can only bo prescnted for sociafon whow the schedules provided for by {4 shall bo oifered in osidence. We bold that thie avermenta contained in the twentlolh count show n violation of the rocond and third sections of tho act, and that (¢ fs good, Theso nections defino the offensy of unjust discrimination, and ths averments show that tio offense was committed, Tho piras fail to presont a defonss to tho charga of unfust diserimina- tlon for the ueo of cara, and the statule han declarcd thiat the facts ataled in this count prims facio con- siltuto an unjust discrimination, snd the statute i warranted, under the declsion i the case of tho Chicago & _Alton Rallroud Company vs, Tho Prople (51 ML, 11), whers it was held that the Goneral Asscrably havo the pawer to declaro that tho fact averred in this count shall be held prima facia evidenco of unjust discrimination, Inaving the Compa- ny to overcomo tho presumption, 'Iu this caso there was uo ovidenca to robut the presumption, but, on the contrary, tho demurser sdmits the facts, and we think the Judgment sbiould be afrnied under the twentioth count in the declazation, Dut wo refrain from the exproasion of any opinion na to whiat if any change of the rules of evidence han boen mada by tho eighth section of tho act, as_that question does not arlsa in thia record, Tho want of tmo proyonts us {rom pre- senting our views in a morns extended form, ———— ANOTHER CASE, THE BAILROAD COMMISSIONERS V8. THE CHICAGO & ALTON. Speetal Diapateh to The Chicano Tridune. BenixarieLD, 11, Nov. 24.—The tnal of the Important raiirosd caso of tho Hallroad Commis- sioners against tho Chieago & Alton Ralizoad Compauy was resumod this morniug, The case was oponed {n bohalf of the Poople by John Mayer Palmor, Eaq., and on the part of tho de- fenso by Judge Deckwith. Tho caso was pro- seated by these gentlomen in an able manuer at some longth. Tho prosecution thon offered the schodulos of the ltsilrosd Commissioners in ov- idence, nnd introduced o witnoas to prova tholr cestifiestion. Objection was taken on tho ground that ono of tha Board which preparod the schedulo was doad, and conld not cortify, and sgain un tho ground that tho law of 1874 changed tha rule of evidenco of tho prior law, thoreby raising the polot that the present was 1ntrospective snd therefors uncoustitutional. Tho Court ovorruled the objections, and at this point Mr. 8pringer, of tho prosccution, announced that ihey had jnut recoived a copy of tho opinlon of tho Supreme Court 1n tho similar caso from AcDonough County aud agsinst tho Chicago, Burlington & Quincy Railroad, and, in viow of the indicationas given 1n this_opintow, Lo asked tims till to-morrow to amond tue deo-~ laration. _ ‘I'his was o bombsholl to both partien, By consont, the opinion wns read, and couasel uf hoth aldes agrood te adjonmmont till to-morrow for cousultation. The counsel for tho people say that TIIE EFFECT OF THE DECJSION 1a to auataio the coustitutionality of tho act. and fully vindicato the rallroad loginlation of 1llinois ; that tho caso was roversed upon a defect in the doolaration in not averring that the ratos charged by the Xallr Company wore in _excoss of tho rates fixod tho Railroad and Warehouses Commissioners, ana that the Itatlrond and Warehouso Cotmission Liad prepared and Fubhulmfl such schedule as 1oqalr- ed by law, Tho declaration had meroly averred that the rates oharged were wore than & fairand roasonable rato, aud was theretoro extortionato, &8 if tho firet section of the act fully described the stututory offonxe, ‘Tho counsel of the people in tho case now pending bavo taken leave to amend their doc- laratlon, 80 ad to comply with the docision of the Buprete Court, and will preseaut theic amend- ment in thomorning and ho romdy to proceed 'wmith the trial, Counsel for tho railroad await such developmonta as the morning may bring. —_——— Seventy Yenrs of Progress, London Fun thua cloverly ridicules tho pres. ent condition of the Dritish navy, whioh was wont to ‘‘rulo tho wave." Larly one bright Boptember morning, iu the yoar 1873, the blind croseing-uweoper in tront of tho admiralty wes astonished to soo an slderly gontlomsn in eccen- trio naval attiro hobbllvg toward the principal entrauce. Something lu the old fellow’s appoar- ance piqued tho wwoeper's curosity, A cocked bat was stuck resolutaly upon his beud aud s pig- tail adorood hia back, but his features and tna dreas wero so_begrimed with poot and dirt that it was impossible to make them oni, And vet tho gonoral outline was familiar to the gotitle~ man of the long broom, who, prompted by o suddon ides, glanced Lastily in the diroction of the Nelson column. Its nummit was tonantlons, Half an hour after the discovery by the police of a croesing-sweeper ino state ol jabbering idiocy, the naval geutlomsn was geated in the principsl room at the admiralty, A wash and brosh-up for 3 penco had con- aiderably improved his appearsuce, and he wae chatting affably with tho junlor lord who bap- poned to be in when the ‘distloguislied visitor was announced, Having oxplsined that vague runtors had from time to timo come up the column tohim as to tho marvelous inprove- ments which sclonce had offocted In paval mat- tora since lus death, hn confessed that a uatura) cariosty had compelled him to come down and Boe things for himself, * Where could I aeo ona o{, ynl ur splendid vessels wow?' he asked, abruptly. ThI; {unior lord hom'd ofiicially, and sh'd nautioaliy, and handed bis vieitor a st of ships to chooas from. Junior Lord—WWe aliall be happy to show you any of these, if distance is no object to you, Visitor—No object at all (looklog down the hiat). Well. suppose we say the Captalin, J. L. (stammering)—Desr we, I must have given you sn old list. Visitor—I suppose she's In existance atill * J. L.~OW, yes; but, unfortunately, she's at the bottom of the soa. Visitor (frowning)—That's vory dreadful. I this tho new list? Thsuk you,” At! bere's a shinp unow. The Vanguard, J. L. (red {u tho face)—You're unforiunate in yaur selection again, Visitor—Ble ien't at the bottom of the ses, sorely? J, L. (recovertng ofticial dignity)—I regret to #ay that she i ‘iuitor (with sundry ancient nautical exclama- tlons)—0Odd—very! Well, wo'll bavo s third try, Lat me uee tha Drysd. Jy L.—~Wall, I'd rather you picked another ves- sel. Her bollers biave just bused and killed sgv eral hands, and Ishould lixo you to of-war at thoir bost. L'ty agaln, Visitor (rising) —No, T thank you: Iy mntistied. Soventy yoars ago, PIT, WO worg | L':'Mn s mlnm;v tungs. M3 I0rd, soienty pey n2o given Lingland a fleof i At airon gland & fleat where aisg naver hyy .\’i ‘Tz -A\\’l‘lfl}fl'n’llmt ? mtor— Al e botlont of the s2a, And word boforo wo part. Give my compli:&:l:nl‘ the gontlemon in commnnd of your lm\ch\dc and sy Uit Floratio Nelson's d—d slsd ha gy bofora sucly labbors woro altomed (o woar iga uniform of the ing! British navy, lood mom: 800 our map, I'm porfeqs, Heenling n Mnr =g cenling a March on tn Sortnatent (0 mm.::u: ooty It In reported that a prominent crusader ealley at the City Clerk’s oflico yestorday (Tuosdsy and placed on file with that officisl o copy of lfi) last Hpringlisld City Diractory, so ontawlm; testlicd to as to probibit any liguor in the city welling o o any ener ninoued In tho volummo, | tdet the oy %00 uudor the proviag tho Btato law now i force, as umcn‘r!:dfla‘m‘!:’ Domacratio Loyislaturo of lnse winter,) ot prohibition, it will bo sen, 1n swenping, and o cludos all claesen,—clorgymon, bullnnn!-men' E{;’l{vnm'?l“flfi'Q,tomdlh'rhlml:mm' aud ."'1’1, iy, Tho lint t4 opou for the i | wihom it may colmerfi paLlionat s - —— Tlorida Exenraion. The XKokomo and Kenkskee Lines, from Chicy, {n vouuccllon with the Loulsville Route, ary o :‘sxllllnu rnlu'l‘nl Ikrln excursion tcketn us follomas | Chieao o Jackannvill Clleago o Havannah, ¢ o Chieago 1o Charleaton, souvilie, For through tckets and sleaping-ca; apuly at 121 Randolpls_ atreet, s information nddress I, nengor Agent, Chicago T borthe For cireular giving fuy Goltup, Generat Western Tase R 4 Erie & Chicago Line, “Not [n the pool” Paascngers will now 60 tickelg and aleeplng-car hertha at tho Paluier ouse. Genery) office, No, 101 Clork sirest, and at depot, Expoxiy Bullding, for =il polnts East by tho Erle & Chigry. Tine, llumelmm Ahin In the only line runing Py, man palaca aleeping and Lolel % s 8 1 cara to New York viy —_— Pinnos and Or, . Iallet, Dasin & Co.'s Grand, sm:-:, snd Bmith's American Organs, ca ba W. W. Kimballs, Chicago, and Uprighy, found only o corner Btate and Adams sirscty, e Baromotors in the Boots 18 3 name ofton spplled to corns and bunons, best way (o curs Yom: om 13 with Dalley’s Magical ain Extractor, Oneapplication willgive Immediste zellsf, “ ——— Lundborg's Porfumes are like natural flowers and bouquets. MARRIAGES, | “RODERTAON VAN ARGDALE—On Fovmins ovoning, e 4(h fust, st (50 Lames ot the breas) lollhsr,‘flflp\\'gl Monros street, by tho Rar, E P, oodwin, D. D,, ‘Ass F. Nohortdon, Esq,, and Miss Anulo T. Von Aradale, all of Cmca:n.nrh s COREY—HOOKER~On Wednoadyy, N Graca Chuurcl, Cloveland 0., by the Nav. & o hatt buen, Francin Walte Cordy, ‘of ‘Ohlcaso ard Girg 4tine, oldert daughter ’ Tivoker, of Nww York. o F {8 fute Willam T, DEATHS. R R i S S NI Lo DRAKE—Tho frisnds of the Iate aroadvisad of his demist And {nvited 15 iny s funoral sorvices at tho ‘M, E. Chureh, luo Ialund, Friday, Nov. 5, 1876, at 11 0'tlock a,m, "Tesin foaves {ho Rock Tsland Dopot at 8:40 0, mw, (express frais ot 10:18 . m.), And returning arrives in Chicaga at 1:20 . m,, from thenco in earviagos to Nosehill, Josoph T, Drake was boru in Yoriahire, England, Oct. 12, 1813 diel ™ Drue Inlaad, Iil, Nov. 3, 1873, 8 h years. 10 deconsed was at th eath G, W, Becrelary of tho T, 0, G T.° 0 o BY WAITE~Funers! of Loriog F. Walta will bs his Tate residence, 612 Weat Lake atrect, sm.'m Nov. 6, at 1 oclock p. m, Carriages to Rosehfll, ATEN—Evoning of the 4th inat,, Phillip I, Ayar, of heart_disoasn, of iha Brm of John V. Ayer & Sook, aged 36 years. ‘Funoral noflea will bo givan hereattar, BARKER—On the dth inst., Mertls A, Darker, daughtor of Alfred and Ada Barker, aged 10 mont et st 20 fe nel at 2 . m, fro e b P, m 853 Wabash avenze. HOWLAND—In thia city on the dth Init, athis residence, 303 outh Park avenue, Holder 8, How- Iand, of congestion of e brain, aged 4l yearsand 1 monihs, Tiemans o bo taken to Duffalo, N, Y, forlnter monf JOIINSTONE—Nov, 8, st East Grand Crossing, Qeorginn Mary, daughtor of Quintin and lrabels A Jobustonc, aged 9 months and 7 days. SPEOIAL NOTIOES. “ Xritee, O., July 18, 1911 “ Mesars, J, B, Tioss k'Co.: L considor your Ceniaur Liniment lo be oo of the Lest liniments i the market, A young ma of this town cut his knoo with n shave whils af ¥ Work in Penneylvagis, Tho doctoy == {old hiim ho would hate s stiff knee, KD‘ Mo could not boad it At all, Heused 4Y9FE ono or two bottles of your Liniment, and hls kuoa i& naw as well 83 ovor, “ UTTON.” E, 8, DI ©, F, Bonnett, Dru?fl{hl, Rack Prairis, Mo., naye: Contaur Liniments acll better and give tho best salis- faction of anyihing in the market.” Save Your Silverware. Siver, and othor fdna wats, wil Tsst twlce ss long, anf always fook brand naw if cleancd and polished with & pura Infusorial tomleals, and {bo tho bov artlolo known, cleantog Gold_ and Silvormare, kiielto Shican o, roiy fros, from aris o Mituta of Now York » 1 iter BoT B Honsoturmatacs, druggiita, jawolers, and gro care. Agenta, GILLICE, MOSULLOGH & LO., ead 34 Bonth Wator.ab., Chicsgo, —____AUCITION SALES. By ELISON, POMEROY & CO, Our Next Regular Auction Sak, Friday Morning, Nov, 5, 8:30 0'Olock An Tmmonse Stock New snd Second-ifand Furok turo, Stoves, Carpets, aud Gienera! Householidl Goods, Parior Sults, Chamber Sets, Dinjog-Room and Ofice Furnituro, 'A full llno of Carpeta. A large st Whits Llankels, Comfosters, Matresass, New snd Socond-Hand Parlor, Office, and Cook Stoves. QGeneral Morchandlae, Plated Ware, Crockery Wars eto,, ete,, ote, ELISON, POMEROY & CO. 4 aud 5 Haudolph-ots Ounibuges, Horses, Harness, AT ATCTION, Monday Morning, Nov. 8, at 10 o'clock, AT BARN OF LUMBERMAN'S LINE, Corper Bluo Island-av, and Nineteenth-at. FIVE OMNIBUSES. NINE 8ETS HARNESS, Barn, Blacksmith Shop, and Tools, Sale Peremptory for Cash, 180N, POMEROY & €0, Auctinosery, WM. A. BUPTERS & CO., AUOTIONKERS, 104 MADISON-8T. STOVES OF ALL KINDS AT ATOTION This morniug (Saturday) at 10 o'clock, At BUTTERS & CO.'S, 109 Essb Madisou-at, BUTTERS & 00/ SATURDAY BALE Furniture, 1%1:1;%&1& ‘:Wd‘ Carpels, BATURDAY MORNING, Nov, 0, at 030 o'clock, At their Balesroom! BY G, P, GORE & CO, £dand 70 Wabash avenus. On SATURDAY, Nov, 8, at 9:30 o'clock, 15 crates ¥, . Crockery, in open lota; 100 [kgs, Glassware, s> sorted, At 10:30 o'clock, HOUSEHOLD FURNITURE Tarlos and Chamber Hets, Bark Cases, Wardrobeh Walout Bedsteads and Dureaus, Hall Trees, Whatnolhs Matble-top Tabies, Sofas, Youngss, Matirestes, EOI Carp Olisfra, Bhiow Uasas, Patior sud Ofco D% ‘pets and_Oil Clot, Flanos, Parlor G, I', GOKE & CO,, Auctonoets. . FINANCIAL IN W.ALL-ST. 3 1a a single tover mL R R B S3/0500 Eyon st aa low sa S1 can be safay lic Veatad, when favorablo Tesults can ahow & prodi ol ,000. Ulreulsrs, glving full Information, gent free by ad droasin 00., Bankors, g 'z"liYIJOR & ™y QONPEOTION R OELEURATED e 4, sbo g P A rens CANDY: ..«kn.:'.;.: °r?‘3§' Fukn, Gouke-