Chicago Daily Tribune Newspaper, December 16, 1875, Page 4

4 THE CHICAGO TRIBUNE: THURSDAY, DECEMBER 16, 1875. TERMS OF THE TRIBUNE. RATES OF STRACRITTION (TATARLE TN ADYARTR). Towtage trepalil at thia OfMe Daily Edition, post-Dald, 1 sear. 81300 ; . Parts of sesr drose FOUR WEERR for. . 100 Titerary aud Holiglouis dautis W T G0 | Mrited to any pidey i n TH-W ion Pasta of ynar WEKKLY FDITION, POSTPAID, Janeapy, per joar Oy of Hve, o eries Clab of twenty. por oap Tho pestaga Is 15 conte & year, which we will prepas. Rpectmen caplea sent free, To prevent dolay and mistakes, be sure and give Toat-Oflice addreas In full, including Siatosnd Couuty, Itarittances rany be made effber by draft, expiress, Post-Oflice order, or i regiatered letiers, &t ourrisk, TERUR 5O CITY RUASORIDERA, Dy, delivered, Bunday excepted, 223 centa per week, Lsily, delivered, Sundsy fucludod, 30 centw per week, OMPANY, .. Clilcago, i, SOCIETY MEETINGS. 1, 0. Fu S.—Annual enm. muniestion will oteur Saturday eveuing, Dec. 18, nt Recordia Tiall, 112 £ast Raudolphest, for eiection of eticera and |\\;m~;n! ;r dn‘u. é\l‘l‘ ombors are re- asted 1o Do present. order ol T ’ ’E NELL, Sea. THOS, J, TURNER LODOE, No, 4, A, F. & A, M. —Stated commuutcation_ this (Thiiradiy) cvenlng at Teee Munons' Hall, 72 Mouroe-st, (American Exyrens Baflding). st 7y 0'clock, for Work on E. A degroe. Viaiting brethecu arv cordially invited to micet with us. Anauai comtnunication wii} oceur De. N TTIBONE, Bec, — e . AMUSEMENTS. NEW OHICAGO TAEATRE—Clark streat, bolween Tandolph aud Lake, Kelly & Iaoon's Mlustrels, ADELPHI THEATRE-Dearborn street, corner Mourve. Varlely entertalnmient, HOOLEY'S THEATRE—Rsndolph strest, betwsen Clurk and LaSalle. Califurnis Aiustrols, MoVICKER'S THEATRE—! Dearborn and State. Engago ard, Tho New Magdalen.,” dison street, between nt of Miss May Luwe WOOD'S MUSEUM-~Monroo »ireot, between Deare bor:mlntl State, “Led Astray,” Afterncon and eventog, NEW ENGLAND CHURCH—Noril Dearborn strect, corner Delawaro placo. Centenntal Fusilval, lon. Flour was quict and unchenged. Whent | wns loss active and 1§c lower, closing at 95fa ensh and 9Ge for January, Corn was quiet and firm. closing at 47Zc for December and ¢ljo for January. Oats were quiet and ! onsier, cloging ot 293c cash and 30e for Janu- nry. Ryo was steady, at G3@t8ic. Barloy was dnll, closing at 86je for Dycember aud B5@854e for Janunary, Ilogs wero active and higher at the opening of the market, bat closed dull at Tuesdny'a prices; salesat £6.80 @7.60. Catilo wero dull and beavy, Sheep were activo and easier. Ono hundred dollars in gold would buy 114,37} in greenbacks at the closo. A comprehensive roport is prosented this morning of the proceedings of the Convention of the American Board of Transportation and Comineree, which assembled in Chicago yes. torday. The list of delogates shows n repro. seniation from eighteen States nnd Canada, The proceedings yesterday wore in great part devoted to tha preliminaries necesyary to per- manent orgonization. An nddress of welcome was delivored in behalf of Chiengo by the Hon. 8.8, Haves; nctipg-Prosident Hexny, of Now York, dalivered his address ; papers were read by Messra. Monoay, of Illinois, and CARPEN- Ten, of Wisconsin; and the question of the Caonadian canals was discussed by the Hom. Jonx Youxa, of Moutreal, Amoug tho reso- lutions presented and referrcd was one com. mitting tho Convention to the indorsement of Tou Scorr’s Texas Pacifie job, which may Lo expected to pop its iead up on every con- ceivable occasion, It is to be hoped that the Convention will not weaken the force of its recommendations upon othor grave questions Dby belstering up this ontrageous scheme, A S b Ay The Democrata in tho House yesterday had n narrow escape from o test vote on tho cur- roncy question, owing to tho inconsiderate zeal of Joxms, of Kentucky, in moving to table a resolution introduced by Hawrr, of FIRST CONGREGATIONAL CHURCH—Coroor of Weat Wauhiugtou and Aun sireots, Urand Concert. e e s ] The Clhicagy Teibune, Thuradsy Aorning, Docomber 16, 1B75. Partly clondy and warmer weathar is pre- dicted for to-day, Greonbacks at tho New York Gold Ex- chango yesterday opened and closod at 87}, Benator Looax started yesterday morning to Washington. He was scarcely nble to travel, not having suficiently racovered from his recent ravera and daugerous illness. But ho was anxious to get back to the scene of i official duties. At the request of Col. Bancocw, -who ia contented with the opportnnity for vindica- tion soon to be afforded by tho trinl in the United States Court at St. Lonis, an order has been issued by tho War Department dis- solving the Conrt of Inquiry appointed to investigate the charges against that ofticer, Canten Hannisox is tived of ruaning for office. He does not get large enough ma- jorities—when ho has any—to sllow bim to feel. comfortable. So he has introduced a bill to mako ox-Presidents Senators for life, Tf this passea, all he will hava to do will ba to get clocted Prosidont omce, just once. What a beautiful scheme, ‘Winter beara hard upon the poor of 3Mon. trenl. Thousands of laborers are without employment in that city. Theso hungry peo- plo are bocoming persistent in their demands for relief, and have made application to tha anthorities for work of somo description to help them in thoir dire necessity. Baokerios are in imminent danger, one of those estab- lishments being recontly invaded by a hungry mob, and tho shelves cleared to the last crumb, Moroe sorious bread riots are feared it something is not done to alleviato the dis- tresses of the needy thousands, If the Domocracy romain true to their record of yesterday, Tox Scorr’s Toxas Pa- cific monstrogity and all kindred schemes for obtaining sabaidies and tho loan of Govern- ment credit are shelved for the moxt two years al least. The Forty-fourth Congross, In sdopting the resolution of Mr, HoLyaN, of Indiang, by a vote of 223 to 83, bas pledged itadlf to defeat any snd all such assaults upon the Treasury. The rewolution is earefully worded, and g strict interpretation would ex~ clude even tho Centennial approprintion of $1,500,000. Nothing legs then stultifieation van open the door closed yesterday. Yesterdny was a day of consoquenca to our consequential little sister city of Peorin, Bhe awoke in tho morning with n long programme of crowing and purring over s new Chamber of Commerce portending, tagklod it in tho presence of invited represontatives from all her big relatives in the nation, and lay down 1o sleop with tho giddy satisfaction of having completaly smashed the possibility of a flzzlo. I'he Govornor and State oficers favored the dedicatfon with their presenco; the theological anarch, INoessort. (who heaps restdontial hongr on the locality), made loud laughter by yuaint remarks apropos to the festal oceur- rence, and n grand wrostlo with dyspepsia- inducing delicacies and head-racking cham. pogue gent forth the visitors with a marvol- ous impression of the gonoral mognificence of all things Peorian, Speaker Kzuz will announce the Standing Committees of the Houso next Mordsy, aund, although ke has presorved entiro reticence us to Lis intentions, the knowing ones, putting ihis and that together, have made up tho slato 80 far as concern the more importaut Chairmanships. Itis protty clear that Fen~ Nanpo Woon's noss is badly out of joint at tho prospect of having to take n back sent. Ho expected to hoad the Uowmitteo on Ways ond Means, of which ha was a member in the Forty-third Congress, and also, by force of usage, having been a candidate for SBpeaker, Rumor gives this important Chairmanship to Bax Cox, and aseribes to Woon the iuten. tion to refuse all Committee service and re- veuge himseif for tho slight as occasion of. furs, RaNparris regarded as certain to be Chaircan of the Committee on Appropris. tiony, more's the pity, and Banss confidently vxpects the firal’ placo on Military Affairg, “The Chicago produce markets were jrregu. Jar yesterday, Mess pork was in fair demand ind tirm, closing at $19.45@19.47§ cashi and 5@19.07} for Fobruary. Lard wasac. tive und firm, closing at §12.42§ per 100 lbs cush, aud $12.60 for February. Meats were uctive and firmer, ot 7}@7jo for boxed whouldery, 103c for do short ribs, and 1030 for do short eloary. Highwines were less ac- tive, und irregular, 4t $1.10@1.10) per gal- Mnine, in which was recited the record of both parties in favor of specie resumption, and which pledged tho Ifouso to lend the Secretary of the Trensury all necessary aid in tho process of returning to a hard-money basis. Tho motion to table meant thoe defeat of tho resolution, and nocessitated & show. ing of hands all around. In the pres- ent mixed condition of tho Demacratic majority anent the issue of inflation such a record involved tho advertisoment to all the world of n hopeless split in the ranks, and Joxes, yiclding to the frantic prayers of the wiker and older heads, withdrew his motion, with the lame explanation that be did so at the request of his colleague. Thus was the fateful day of reckoning postponed; but not for long. The tactics which wero successful yesterdny will be powerless to pre- vent the recurrence of the troublesome ques- tion in a form which will render dodging im- possible. SINKING FUKD. The smount of money needod for the Sink- ing Funad increases each year. Yor tho fiscal year 1875 it was estimated by the Treasury Department at $31,000,000; this flscal year, onding next Juno, it is to be $82,000,000; and for the flsenl year 1877, 331,003,377, T'he Sinking Fund wes established by the law of Fob, 25, 1862, which created s war debt of %050,000,000. 'T'his law directed that coin roceived by tho Government from customs- duties should be applied: First, fo the pay. ment of tho interest on the public debt; seocond, to the purchase or payment within each fiscal yonr of 1 por cent of the eotire debt of the United States; the residue, it there were any, was to be paid into the Trens. ury of the United States. The intervet of the bonds purchased or paid under the second provision sbove was to be in its turn applied to the purchase or payment of bonda for the Binking Fund. Under thig law, the bonds added to the Sinking Fund wers to bo accnmulated in the Treasury Dopariment, but by the law of July G, 1870, the Secrotary of the Treasury was directed to cancel all bonds belonging to the Binking Fund and deduct the nmount from the statomonts ot the public debt. As this cancellstion would stop tho interest on tho bonds nnd lossen to that extent the nu. nual addition to the Sinking Fand, the Sec- retary was suthorized to apply to tho Bink. ing Fund out of the coin receipts from dutics o sum oqual fo the interest that would ne- crne were tho bonds not canceled. The Tox bill passed ot thd last session of Congress to inoreaso the taxes was originally introduced as *‘a measure to protect the Sinking Fund and provide for the othor ox- igencios of the Government,” - In perclasing bonda for the Sinking Fund, the Secretary conld not legally pay moro than par. As the bonds soon went above par, tha Becretary was authorized by the eloventh section of tho nct of March 3, 1875, to redeem five-twenties forthe Sinking Fund. This, we believe, is the sum of tho legislhtion of Con, on the Sinkivg Fuad. The Sinking-Fund act was disregarded for sevon years, and the coin reecived by the Government was devoted to the paymoat of interest on the debt and the expenses of the War. During Secrotary Bouvrwzis's admin. istra'ion the annunl purchases for the Sink- ing Fund were made in full compliance with tho law, Bocrutary Ricuannson disrogarded the law ageln, and gavo the expensea of the QGovernmont prefercace to the Bink- ing Fund, not caring to faco the defl- cit that would otherwise follow, Sacrotary Daisrow hins complied with the strict pro- vislons of tho law, applying tho customs ro- coipts to the intorest on tho dubt, firat; the Sinking Fand, second; and the appropria- tions, third, This leaves him with a defieit 1n his nccounts, but the rosponsibility for that Le throws on Congross, which must eithor modify the Siuking Fund Juw or provide the ways and means to meet tho combiued re- quirements of the intorest on tho dobt, the Slnking Fund, aud the ordinary oxpenses of Government, In his last report the Becre- tary states that ho rogards the Binking Fund 85 gecondary ouly to the paymont of intdrest on the debt, and as taking precedenco of afl other appropriations, The firat purchase of tonds for the Sink- ing Fund was mude by Sgcretary BourweLt Aay 13, 1809, when he bought $1,000,000 of Londs ot 83.22 in gold. Up to Sept. 24, 1873, the purchascs of bonds amounted to $823,- 253,000, costing in gold 307,702,207, Be- tween the panic and the uccuision of Secro- tary Bauisrow to the Treasury portfolio no purchases were made. For the fscal your 1875, Secrotary Baistow bought or redeciued for tho Sinking Fund $81,000,545 of bonds, snd for the facal year 1870 states that he will buy’ or redeem tho $32,140,014 of bonds needed for the fund. Mr, Dawss, in his rather sensational speech lavt February, pre. senting the Tox bill of the Ways and Means Committes to the Houso of Represontatives, predicted that the deficit of the Treasury would reach 35,000,000 unless thu new taxes propesed were lovied. 'The deficiency reached $17,000,000 for the fscal yeur 1875, Tn hin report of lIast year, Secrotary Bristow 8aid in reference to tho current fiseal year : 1f theso eatimates of the rovenues and expen-iturcs elinil prove to be npprosimately correct, thers will bo A MTpis of reveniio of abowt 10,212,000, The am nt useesanry or 1hn Sinking Faud fsuet fnchaded tn the above etliwatem af oxpenditurey, and to provida for it thewum of $12,16),404 will ba roquired, The anruius revenues which can bo appliod to this fund (820,221« 001) will bo inauflictent to the axtent of $11,030,414, aud thers wi.l, therefore, be N deficiency of thut amouut, According to Mr. Dawze’ speoch last Febe- runry, there should have been purchased up to that data, for the Sinking Fuund, $417,566G, Gt of bonds; tho amount that bad been purchiased in compliguce with tho law was only &141,000,000; the Sinking Fund wos {hus nearly $:300,000,000 short, This calou- lation, by an ingenious technicality, excludes some 182,211,750 of bonds bought by 8ec- retary Bovrwstr. The law snys the bonds 1o tho extent of 1 per cent of the entira debt, cte., mwust be bonught *‘within ench fisenl year,” and consequently the bonds bought in any year in excess of the 1 por cent require- ment cannot be applied to any other fiscal year, But including such purchnses as enuitable compliances with tho Sinking- Fuud laws, Me, Dawzs aaid there was in oll but §3:21,355,800 to the eredit of the fund,— nearly ©100,000,000 less than there should be, While Bceretary Bnisrow may mnot be jnstly criticised for his vigorous enforcement of the Isw as ho finds it, the peoplo do not take kindly to the excessive burdens of the Sinking Fund. The ‘‘entive public debt” bag buen rveduced from 783,000,000 in June, 1866, to £2,242,000 in Novembes, 1875, This is a reduction of $541,000,000, This morg than meets the equity of the obligation of tho United States to reduca thoe *‘entire debt” 1 per cent a year. ‘The latter would have roquired a reduction of only about #482,000,000, which iy in round numbers 100,000,000 less than hins been paid: But there is no rest for the tax-pnyer. The fact that ho bas gone beyond both the lotter and tho spirit of his promise to poy counts for nothing in lia favor. He not only must pay his 1 per cent of the dcbt cach yesr, but he must pay compound interest on all thoso paymonts, and, boyond all, as wa understand the calculations of the Trensury, ho has to pay compound interest on the bonds that ought to have been added by Cmase, Fessex- peN, snd Ricmanpsox to the Sinking Fund, and on the bonds that nro ** equitably ™ added to the Sinkipg Fund, though not Lought *¢ within tho fiscal year,” as required. 1t witl bo scen that by this ingenious arrange- mont the, 5o to speal, voluntary purchases of bonds aro excluded from tho Sinking Fund when tho Troasury asks for tares to bring the Binking Fund up to mark, and nro added foit when the interest is calcu- Inted that is to be taken out of the yearly taxes. Franco and England have abandoned their Sinking IFunds. The Unifed States cannot bo held to the fulfiliment of its compound. interest Sinking Fund schemo unless Con- gress makes the lond lighter for the tax-payer, VIRTUE IT3 OWN REWARD. It is somotimes difficult to decide which individual member of the American press is tho most geurrilous, For the presont, how- over, there can bo'no doubt. The New York Herald is entitled to the palm., Its leaded and displayod St. Louis dispatches, under date of Dec. 13, nro a disgrace to the paper thot printed thom. 'Their publication would scarcely be permittod in any other country, In Europe, including froe England, tho writer, editor, and publisher would bo sum- marily clapped into prison. The Herald's in- famous sereed substantially rays that Prosi- dent Gpant is using oll his influenco to rescue Bancock ; that Henpenson was removed in order to provent Bascocx's conviction; that District-Attornoy Dyzn will sure- ly fail to bo confirmed, owing to Whitoe Housa influonce, unloss he man- nges to let the President’s Becretary go reot-freo; that the wife of tho Ohiof Magistrate ig actively intrigning to prevont a conviction ; and that the President bullied Buisrow into consonting to IIENDERSON'S ro- moval ; and then it goos on to insinuate that the President himself i3 mixed up in the whisky frauds nud is trying to suppress the prosecutions to save himsclf from exposure of guilt} ‘We have no more space to spare for this disgusting catalogue of lies, which are re- tailed and dotailod at length in tho Jlerald,— a poper that trembles at tho shadow of the Apook of third-tormism which it conjured up ituelf. . What aro the facts in the case? The man who began the campaign against the Whisky Ting, Becrotary Buisrow, is the friona, tho confldant, the nppointos of the President, o hes had the latter’s hearty support from the first, The famous mandate, **Let mo guilty man escapo,” came from GuawT, and Las been twice repoated whoen there seomed to bo some slackening in the prosecution. The ablest lnwyers havo been chosen to aid in convicting the Rings in tho dierant cities, In 8t Louis, HexnersoN, the President's enomy, whose ability every one concedes, whs Belected. Whon he was dismissed for unprofessional conduct, Broapnzan, o rank Daowmocrat, the recipiont of Feang Bram's famons “‘Bpoapneap letter,” and o shrewd lawyor, was appointed to succeed him. Could snch an appointment be made with nny idea of ‘‘sercening or saving Bancock” er sny other man? 'Tho thing is ubsurd upon its face. ‘Flio sum of tho whole matter is that the President choso the Becretary who began tho attack on the Ring; supported him in that attack; did not Jift a fluger in behalf of Jovce, or McDoNiLp, or Avery, when they were tried and convicted; appointed tho ablest lawyers to conduct the prosccutions; and reitoratod, after Baucock’s indictment and arrest, his ringing utterance: ** Let no guilty man escape.” o has done his duty foarlesaly and woll. His reward comes in tho whape of unmeasured vilification from tho so-callod **independent” pross, which Lus shown itgelf sigunlly independent, in this case, of tho commenest rules of courtesy, decency, and common scuse, Mr. Cuanies B, Fanwern is ontitled to public indulgence in the mattor of the cone tradictions with which his name has been as- soclated for the past two days. Tho ezpla- nation we are inclined to make of the contro- vorsy is, that Mr. Faswern has been frettod beyond endarance by the ramora that have for some time {dentified him with the Chicago combinstion to defroud tho revenue in the whisky tax, and that, goaded ou by theso ramory, ke made the mistake of forwarding {from Washington a public statement in which Lo charged, s he probably beliuves, that Gen, Bruronn Wison, Bolicitor of thoe ‘Irensury, hus lLeen active in his efort ta have bt indicted and out of personal spite. Wo presume that Afr, Fanwere, who iy said to be on bis roturn to Chicago, will be glad to discover that ho wag mistaken {n this mat. ter, In tho meantime, itis only fair to Mr, FAnwELL {0 6ay that there has been nothing mado publio ag yot which Just fies the associs ation of his name with the whisky frauds in any reapect, and his friends are contident that there will bo nothing. Duo allownuce must bo made for a man who feels that ho has boen wrongfully dragged into such assucia- tion, and the heat and Laste which prompted him to attribute unworthy motives to Gen, Wirson will, wo do not doubt, bs amply off- set by Mr, Farwrrn's acknowledgment that he was wrong when he finds that Mr, Wit 8oN's conduct has been actuated solely by his publie duty, e THE TOWN FRAUDS, A spocinl committeo of the Citizens' Asso- cintion have been delving into therecords of the South Town officials, and havediscovered o rather werse condition of things than Tne Trinpuss hns pointed ont from time to time as the **steals " were porpetrated. They find that while the law clearly and distinctly al- lowa the Collector only ©1.500, CLEAny, the Collector in 1873, drew £24,000! Evaxs in 1874 £15,000, and Evays in 1875 will have £28,000, So, while the law nllows the Asses- sor ouly 8500, Prirrtrs received $12,000 in 1873, Conriaan $14,000 in 1874, and Pt~ 11v8 ngain $14,000 in 1875, The Supervisor and Clerk aro rexpectively entitled to $470by law, and are well paid at that rate, but tho former bas recefved 300 ench year, and the latter 1,600, ecxcopt in 1874, when Gauesnor got only §470, the lawful allowance, If the Collector and Asses- sor say that tho compensation fixed by lnw is insufficiont, the nnswor is that there is nd law which compels them 1o accept the office, much less secbemo and “bum™ forit; and that, whether the lawful compemsation bo insufficient. or not, there is no authority for the Town Bonrd to plunder the people to the tune of £50,000 a year, as thoy have been doing. The Citizens’ Committeo aro advised that there are four remedies which the Citizens' Asgaciation may adopt, viz, @ Furat~Enjoluiog tho collestion of the town tax, Second—Enjoluing the misappropristion of ths money after it 1s collectod, 4hird—Bringing sult against the officera and thelr aureties ta recover tho amouuts Megally taken. Fou th—Indictment, Twoof theso remedies—tlio first two—havo been tried. The flrst was not sustained by tho court in which the suit was brought; the second, for some reason or other, was with- drawn bofora it was pressed to a finsl jssue. ‘The two others remain untried, and are moro promising of resnlts than the first two. There seems hardly any room to doubt that an ap- propriation of nearly 50,000 a yenr for services for which tho law fixes nn aggregnte compensation of $2,040 is n misapproprin- tion of public funds. If so, then an action will probably lio ogainst the bondsmen of theso town officers for the recovery of tho money g0 misappropristed, and a criminal prosceution may bo brought agninst all the members of the Town Board who voted in favor of the misappropriation. Wo hopo the Citizons’ Association will carry out these recommondations vigorously, and harass these follows at overy poinat, and by every civil and crimiunl proceoding suggested by the statute. books, ‘Tho tsx-pnyers of Chicago have suffered enough from theso annual depredn. tions which sorve to sustain a snporfluous nuisance, and if there is auy way to break it up we hope nothing will bo spared to that cnd. MR, COLVIN'S TENURE OF OFFICOE. At tho rsquest of the Citizens’ Associa- tlon, 3Ir. Epwarp B, Ismay, of the Chiengo Bar, had prepared an opinion on Mr. Cor- VIN's proposterous claim that he is entitlod to hold the office of Mayor till April, 1877, or cighteen months boyond the term for which he was originally elected. Wo print this opinion in another part of this morning’s TrinusEe, and commend it to the approval of all citizons who aro opposed to an individual effort to defont tho expression of popular will. Mr. Ismas makes two or threo good points in addition to those which have siready been made by Tie Tntooye, and, by adopting o somewhat different line of argu. mout, he has prosented the points we have made m a new light. ‘We have ns o basis for examiniog Mr, Cor~ viv's protonsions the old charter in its preaent relations to the new, tho language of the General act of 1872 under which the eity 18 now incorporated, and the constitutional prohibition of the extension of officinl terms. With these before him, Mr. T, Lyre Dickey, in his oapacity a8 Corporation Counsel but now n candidate for tho Suprome Court which will be called on to pass upon this question, has come to the remarkable con. clusion that Mr. CoLviN oy be continned in oflico in spito of the constitutional prohibi. tion. His points aro: (1) The old charter provides that tha city officers shall continne in oftlce until thoir successors shall be elect- ed; (2) the General Iaw continues the old officers in oftice until their successors sholl bo olocted ; and (i), as tho constitutional pro- vision rends, ** No law shall be passed which shall operato to extond the term of any ofii- cor after his clection,” and as the law of 1872 was passed d¢fors Mr. Corvin way elected, theroforo it dovs not includo his case. Mr., Isuan's opinion has been writton, at tho request of the Citizens' Association, with particulnr reforence to Mr. Dickey’s opinion, and his points, thengh unot in the cxact order ho makes them, 1ay be more briefly ntated as follows: 1, Though so riuch of the old charter is preserved aa la not inconsistent with the new law, the glty is now organized under tho Gen- eral Incorporation act, and in all essontial matters, such as oMecinl tarms, the General act {s solo authority, The provision of the old charter relative to city officiale holding their places until their successors shall be qualified is of no effect, nnd the only ques- tion s, whether Lhere is a vacancy under the presont charter, by virtue of which tho May. or under the old charter morely exercises the powers conferred upon a **like officor " until his successor shall bo clectod. 2, The next pwint in fmportance is that it is not the passuge but the vperation of the law which comes within tho constitutional prohi- Lition. To construe it otherwise would be to admit ail the mischief which it was tho purpose of the Constitution to prevent, viz., the scheming of & public oficer to prolong his ofticial torm, and the employment of his official infliience to that end. 8, The Legislature may delegato to & cor- poration the power to determine the opera. tion of a curtain luw, as the language of the Incorporation act of 1872 shows it did in this cage, but it cannot cortaluly delegate any power which it docd not itselt possess. The Legistatfre itself has not tho power, in view of the constitutional probibition, to pass any law whick whall operats to extennd the tenn of apublic ofticer after hiu election. ‘l'o hold thal the people bt Chicago by voting to reor- ganize uxder tho Geusral act of 1674 could mgke that act operats in such manner, would beto hold that the Legislaturs bad con- ferred upon the City of Chicago a powor it ennuob itsell exercise. 4, 1t the governl chartor of 1872 had been adopted in April, 1873, Mr, Dicxnr's con- struction wonld have made it carry over tho then Mayor (whose original term expired in December, 1873) till April, 1875, though this same Mayor was elected in November, 1871, of before the pasange of the Jaw, which would have been unconstitntional even nunderMr. Dicrsy's version of the constitutional prohi bition. But the authorities all agree that Iaw cannot bo construed to menn one thing at ono time and nnother thing at another time, ‘but must always be construed to conform to tho copstitutioual requirements. In other words, * nll doubts must be resolved in favor of and not ngainst tho validity of a statute.” Tiut Mr, Diorey's construction, by bis own ad- miasfon, would hava been unconstitional if the charter had been adopted in April, 1878, inatend of April, 1875, and the rulo of law re- quires a construction that will harmonize witl the Constitution equally at all times, These are the main points in addition to those made herotofore, or presented in n dif- ferent sbape. In conclusion, Mr. Isuax agrecs that an application for a mandamus should be mada to the Bupreme Courtto compel thg Common Council to fill the exist- ing vacancy in tho Mnyor's office in the man- ner prescribed by the General law of 1872, ich confers ample powers upon the Coun- cil to eall o specinl election for Mayor when the vacancy is for more than a year, or to choose a Mayor by vots in the Council when the vacancy is for less than a year, Thisis tha courso which tho Citizens' Association will probably pursue. Tho matter should bo brought before tho Supremo Court at the January term, whero it can be finally doter- mined, P — FABWELL'S RESUMPTION BILL, Mr, Fapwerr's bill for the resumption of epacie payments, which wsa published in full in our special dispatches yesterdny, provides that the Secretary of the Treasury shall rotiro nnd enncel $1,000,000 of United States notes overy month, until the outstanding notes rise to par, when the Becretary *“‘may” stop the retiement. This may be called tho home- opathic course of treatment. It is an ox- tremo dilution ofa powerful medicine. There are, in round numbers, 120,000,000 of groen- Lacks and froctional currency outstanding. 1t wonld take, then, thirty.five years to have them ol rotired by Mr, FanweLr's plan. Within the time yei to clapse befors tho tho last greenback is retired by this plan, wo will elect cight Presidents nnd sixteen Con- gresses,—and who knows how many demn- gogues? No democracy, swnyed aait is from sido to sido by gusts of fecling, can safely plan anything to be persistently pushod for thirty-five years to come. Thero aro sure to bo revulsions of feeling, sura to be com- mercial crises, almost sure to bo wars. Any such time of excitemont will bo eraftily utilized by mistnken enthusiasts and design- ing demagogues s n support for their schemes. Tha outbrenk of the Robellion was usied to burden tho country with the MosriiL ulten-tariff, Such calamities may happen at any time. Mr. Farweir's bill, then, is rndically wrong in postponing the redomp- tion of the groenbacks for so many years, It would prove a disappointment in the oxpeotation that it would causo any speedy rise in tho purchasing-power of the greon. backs. Rotiring 312,000,000 n year cannot dogo. At least half the amount outstanding (§210,000,000) would have to be withdrawn bofore any docided impression was made upon tho gold value of the remainder. This would take soma eighteen yoars. The infant of to-dny would ba o voter before tho nation's broken promises to pay were worth much moro than thoy are now. Wo cannot afford to wait so long—lifa i altogother too ghort for it Paper reaches par only whon it s ex- changeablo at par. As long as tho maker of a note does not redeem it, the brokers will give gold for it only at a shave. If they bought it at 100 cents on the dollar, thoy could make nothing by the transaction, for thoy certainly could not sell it at o profit. Unless the Government will redeom its notes on demand, they cannot ba kept afloat at par even when less than a quarter of the present volumo iu in circulation, It is not tho business of brokers to pay par for notes which the makor refuscs to redeem, and thay never do it. Their business is to purchose thom at ns great a disconnt as possiblo, Wo are glad to see, however, that Mr. Fan- went hos put himsclf squarely on record in favor of resumption, and that he hes wo ekill- fully called public attention, by Lia preamblo, to tho fact that the last national platforms of the Republican, Democratic, and Liberal parties unequivoecally committod the three organizations to the expediency of *‘gpoedy " resumption, Upon the strength of a letter written to Mr. Bramxg by Jory Y. Fosteg, editor of the Nowark (N. J.) Evening Courier, which letter waa never recoived by Mr, Brane, but found its way into print in a Democratic newspaper in Maino in some nndorhanded manner, & great denl more fuss than necessary has beon made concerning a secrot antl-Catholic order called the Order of United American Mochan. ies and an Anti-Catholioc Lesgue, whoso ob- jeot in #aid to be resistance to the sectarian dosigus of the Catholics upon the sohools and school funds, Mr. Fosrxn's assartion that he was told that tho President is 5 member of this Loague is the purest bosh, and the Leagnoe which he has discovered is the veriest bugaboo, The #Qrder of United American Mechanics” which Mr, Fosrex parades with 80 much ostentation is only tha old ** Ameri- can Protestant Association,” which bas cxisted for the last half century in the prineipal citles of tho country. The memboers of this Assooiation aro mainly Oraugemen. It has never bad any potitical power or influence, and in its de- algas nud warkings correspounds to the Order of Orangemen, ond it Las no strength except in localities whore the Orangemen are strong. ‘T'he Americon-born people have never had any- thing to da with it, Mr. Fosres makesmuch ado about ite influence in Naw Jersey in se- ouriug the constitutional amendwcnts at the vecont olection in that Btate. The Demo- cratlo party fu thot election wag defonted be- cause Domocrats joined with the Itepublicans oun the sohiool question {n voting for the smendments; and, if the Order is making avy beadway in Now Jersoy at all, it i clear that it is among the Democrats aud not Republio- sua. Mr, Fostea has discovered nothing more serious than a mare's nest. — Theunfortunate failuce of DaNKY OAULMIELD, M. O. for Bridgeport, to bury the Clerk's desk in the House beneath bis bills on the ret dey allotted for the futroduc:ion of pew business, i aupposed to have beou dus to the melenchioly fact tbat the express-wagon bired ta o billa tothe Capitol broke down bes welght of so msuy pounds of paper sad did not get thero 1o time, This s sad. THE ELECTION JUDGES, They Defend Themselves by Ace- cusing Othors, And Mako a Docided Failuro in Both Cases, Nr, 0°Brlen Atiompis to Override the Judge and the Counsel. And, after Two Reprimands, Is Fined $100 for Contempt, The Jury WVill Bring in Tholr Verdict This Morning. The trial of tho indicted judges of olection of tho Fifth Ward wassosumed iu the Criminal Conrt sasterdav moruning, tho Codrt-roim veing literally cramemed. AMr. Reod opened the caso by stating to the Court that Dr. Binghat bad fust jutormed him that Mr, Barbor, an important wituess for the prosscution, was sick, end unablo to attond. The Doctor was suosejisntly pit noder oath aud tostilled to Mr, Barber'a coudition. The taking of ovidonco was commenced, the CROBS-EXASUNATION OF JOUN 8. COOPRR belug rosumod. 1fe fesuitial that thore wis B bottis of whisky in the judges’ room when ho brought ha u; all the judges drauk from his bottla, 1o was prosous when Mr. Barber omp- tied the Laitota from tho box. During tho examination the defenso offered to briug 10 thoe tallv-ubeet, and tho prosecution was askod to produce 16, A spirited discussion oo~ sued ou the question, 1 which Mr. O'Brien blustered long snd loud, sad succecded In dis- gnsting the Judgo, who fAluntly decidod that the ovidoncs should uot bo sdmicted, MAX BOIDLER was the next wilness: fla was an omploye in the Couuty Clerk's office, sud bed rocaived the Lallo-box and returns, which were tu an im- proper condition, UERMANN LIED, County Clerk, swore that {ls roturns a8 bo ro- ceived thom were not proporly ceridied to etc. o dufonye toos the wiiness avd ssued bl i€ hie had not odvised tho judpas not to corufy to the retusus under the ciccumstancos, to wiich objection was muda and sustamod by the Court, ‘Lhe prosecution boro oudud the.r case, and tho defouno was commenced. Uen. Lieb was put o the stand again, sod the question ovjectad LO 0LDVE Waed axeiu Duicd. A protracied debato followed, 1o wtich tho de- fonae otfered to read & nambar of autborit.on to show that thoy liad tho right to ptove that their chionts hiad acted npon aovice, which wouhl tend to show that they bad no ovil iutent in their conrso. The Court eatd the anthorities offered wore but tho A, B, U of ctiminal practice, aud that Me, Q'Brien mignt aa well contsud tn dofenso of ki clients that they bazd beon advisod by thor grocer na Ly Mr. Liob, fur tho law recognized uwither an competent. 7 Mr, Doxtor nasd tho prosocntion would admit that all that was oifored was Inw, sud that ug wutel more conld be citad of tho wamo kiud. MR, O'LRIEN Jumped to his feot, and 1n » boisterous, passion- &t manoer wado sume remari to Mr. lloed, which wae lost In the confu-ivn. Mr. Rluod roturted, ** [ ssid no such thing,” and Mr, O'Briop turned ujon him 1u &n oxcited manner with & deiuge of words, with Mr. Trudo liangiog to tho skirig of his cout in the vaia at- temyt to pull him to lia xout. ‘4he geeatost confusion onsued, which tho Court siloacod with tho assistauco of the gavels of tho baililte. ‘Ihe Cowl tben nddressed Dir. O'Brien a+ follows: “ I atili bove mosus left to compe! ord-r, aud will 1eso0rt to 1t rather than Lvo this tribuusl tusoed iuto o beer-garden.” The sigument then procerded, Mr. O'Brien having the uor. The gentiomen tad ot pru- cgoded far vefuro Mr, Doxtar objected, AT IT AGALN, Mz, O'Brien—I sball not ask your poermisslon for what [ want to do or sar, Mr. Duxtor re. lical thst lie would not take nay of tie tugolouco of tho couneel to Limself, but wonld mmply ask that the Court hold v, Q'Bricn to bis place, and touiet ou order betag prevesved. Tho Court romarkoed thot he would noo that order was proservad, And (uiot ngaiu reigucd. GT 0 BLUHAL, one of tho dofondants. was next put un tho stapd. He was nosked the old question of wuether ho had sought advice in bis uddiion, to whioh the +amo cbjection was made, and, after %onuldnrlhlu srguient, was susmined by the ouit, Darivg tho argument of Mr, Dextor ho was rovoatedly interrupted by Ar. O'Brion, nlo i peared beat ou tosking bis condust as olfenaiva uy possible. Tue Court promptly tooh cog- nizance of the fact, anld, cailing to the Clork, wawd 2 * ENTERL A FINE OF $100 againat Mr. W. W. O'Briea for contompt of coul ‘This croatod quito » sensation in the room, aud Mr. Trude, Jumping from hig chair, qnietly marched up totho Clerk's desk and depusited the flas, Tue Court continued: **I will not commit the gentleman, but am detormiucd to have order uud decorum and geutlomsuly conduct on tae part of stiornevs.” Alr, O'Brien npotogized for hid conduct, aud, in returs, tho Gourt patd chiat be would remst the Bueif the gentieman would promigo to prucosd in the trial of tho .cause m & quist and decorous way, sud sohero to the onli- pary rulos of practice, Tha Court followed with a neat lactia to tho offendar upon com- mon prouriety, told im of hii ovarbeariug spi1t Rud general blusteriug atyle, nod boped he would 1o aud 811 no more."” Mr. O'Briea promis.d to be mors decorous in .the future, and the Coart ordored thw fino re- wiited, THE EXAMINATION OF MR DLUIM wan thon procesded with, the counsel employing et of the timo fn trylog to get nn suswer to tho quo.tion to which the Court had already twice austainod objortions. ‘Lhe witness flually wen: on to mato that Mr Cooper was 1n tue room wlen the bLal'oi~box wus emytiod, Tuo witnesa weut out of the room anhila whon tho count was bsing mads, and whon he returned found a dispute goiug on betwaen Mr. Batber apd Mr, Gleason. Baroer bod some tickews in Lue band, aud wes going out, and ho saw Gleason tako tuem from bum and throw lbom on the table, aud romo fe.l on the flour. He did not kuow what kwud or tickets thov weio or where they came from. Darber aftorward laid bis bhead «n the table mud slopt au hour, osud muat have been urder tbo mfluence of lquor, \Wituoss alio took some tlokets fiom HBarbor, but afd not ees uny one clso trylug to get away with tick- ets, Hodcatroyed the votes found in Basver sud Couper’s bandd and 1hiey were uot counted. “1he ticke.s bad been Jaid 1o les of flity each, aud thowe he took from Barber weie & part of one of tho piies of Uppoation tickats, At this jupcture Mr, O'Brion stated that he proposed to sliow that THR PLOBKECUTION WAS MALICIOUS, and had buev {netituted by Messrs. Cooper snd Laroer to ubtain the §1,000 reward, and further, thiat t0 tbat eud Ib-‘v‘ Lad coosplired togethor to ret the judges druuk, Mr, Trudu wtorpoded to eay thst the alloga- tlon was not agaiust Air. Cooper, but Mg, Dar b, . Bir. Doxter replied thak the defonts had al. ready established thay thoiwr clients were nat drunk, and, if thoy bad Leen, sud the parties nomed had douo what was alleged, the circum- stange wonld nave 1o besnng, tha question be- 1og simply whether the defundants were gullty . ubm(afi tn the Indictment. y The cross-cxamipation was then taken up. The witnoss ssid Mr, Barbar's taking the tickets sl not pravented bis making the returos sud costifylug to them. it way furter ssocrialned from the witness that he Lad slweys been » Ro- ymubicsn, buv that st tho iast sloction he voied the Oppunit.ou ticket. JAMES OLEASON, scother of tna detendants, was called. Iio aald the judges could uot count the votes beosuse of 1he outslde utluonco. Thoy concluded to tske counsel, sud he consultad Dessrs. O'Brieu, Caworou, and Trade, aud they sdvised bim to tua course he Lad taken, for to bave cartitled to the returud would have made thew lable to bo seut totba Pemtentiary, 1le first #aw tho unstrung ballots in Air. Barber's hands, avd saw bim twicy try to get cut of the rogm wliib tickets, sud supught he waa' futoxicated. He did not wive aoy tckots off the tablo. He courulted with tho otudr judges abuut what to do, aud they ;flwl to do mu they doue, and r. Blubm wau eent 50 cousult the County Clerk about tho tualter. Wituess was present whon thie Board of Cauvassery tnet, and mada to them & pariia} statement of ihy ciroumaiances, and expected thom to fix the wattes up, Barber and | Cooper tald bim they knaw who pat o the epur. ouy ballots, bnt thoy refused to tell hm, yy wanted to find out, 80 ho vould have the pany arraated, Crors-examined : He hnd not road ilis lyw goverolng the Juldzes of a'a tion, but, two duy aftor eloction, consulted O'Orion nud Trudy, nnd both gave tho samo_ndvice, but noine cousul.ed the statutes. Tt was about 8 o'elogy whan Mr, Barber started out wiuli the tlekety and he stopped him. Mr, Cooper was preess at tho time. "Thie Coutt then taok a recoss antil 2 o'olack, W, 3. M'KINNLY, sootlordefendant, was the first witness ealled iy the atternoon: He bad oot certified 1o toe re. turus an required by law., for the reasoy thst the numbsr of ballsts exceeded thy number of vames on tha polt Ist. He agy Mesard, Darber and cnnrnr trylog o et aay with some billots, and they were atopned bs My, Gleason, who took tho tiokets from thein ngg puat toem ou tho table, sud 1085 doing threw 8owe ob tao foor. Ho mat his ana cinta Juoge atter Lho cleciion atter lopal advice bad beyg taken, and thav agreod to aslde by the advica, Tlu did not not know whero the spurious tickets cnmio from. Thoro were two policemen fa thy room, Cross-examined : e votod the Oppositien ticket ; had novor ncted aa & judge beore, asd hiad nevor resd the clastion law: EDWARD PRILLIPS waa awornt flu wan presoct at the polta during a portion of the evsum"; and st tho Lime the conuting was commenced, Ho saw Alr, Burbey tating tho tickoty from the bog and heard wome dispate, and went out of tho room. He camg back again aod £.und the dispate atill'going on, Mr. Barbor was standing by ihe tavie aod ba) bis band vver some ticke’s, Barber and Coaper said tisey knaw who had pat the tlckaia thare, but wonld not toll, ‘Thio dafouse then reatod their caso, whan the prosocution called M. Coover lu rebuttal; Iy #aid_ M, DBarber was noc druni, snd that po trouble occuresd untll ator 11 o'clook that Bactier wag nob caarzed with attempling 1o carry Qif tiokets, and thut lie did uot Iy his hesd o the tavlo a1d sleep an hrur., Gen. Liob was rocallod: He bad talked with DBlahm about the returns, sud had alvised alg todo his daty. Ho told him that whateyer might bave boan the difieulties 1o countiug, be wonhd nut b excused ar falting to do his duy uudor tho law. GWYS OARNETT wascalled: Ho was at tho polls ag late ag ¥ o'oloca 1n tho moroing wbep the caunt was be g made. Barber was not drunk. He beard Mr. Coover objscy to the counting of soime tick. etn which bad not been folded aud had no Liolsy iu thom, . QLOROE DEACON toatifiod that ho wau at the polls at 8 o'alook, and Alr. Barber waa eutivalv mober, snd did not s tempt to ge* away w.th ouy votes. ‘The przscontion here roated its caso, and the dnfenss callod the dafendants again, but uothing matorial was elic.tod. BUMMING UP. At tho conclucion of thesevidence sowe dis cussion followod a8 the tims to be ocoupled by tho coupssl in Aimming up, sod owmg to the Iuteaoss of the hour tho Comt Iimited each aide 40 nn hour and a ha'f, Mr. Read upooed for thy yroneca.!un and occunied half an bour, Mr, T'ruae rollowed, vceupring about the samo time, Heo wan follo #ed by Mr. O'Brien, who gonsumed the rest of the timo of the defense. Tus Court thon adjoarned until 7 o'clock, snnouucing that Mr, Dester would cloge, upon reassambliug, hav m{ on bouar to #peik, “T'io cane was iivon to tho jury ab 8:80 o'clook, and ront tmportaot body, ** tas judueed of the lax and the evidouce,”’ re'irod with an nrmful of 10- steactions, Tue Court then adjourned untll 10 o'o-ock this morning, with tha uoderstanding thnt it a verdies wos roached it s91uld baweal aod returned into court this mornlog, Tanoodiately upon sadjonrnment Mr, 0'Brien gave tho Suate's Astornay verbal notice, which was accopted, thut 10 tno triat of the oher eleo. tion osses he should make a motion fur a chisage of vouuoe. PERIONAL, i Prealdent Grant hias dcasptod an lnvitation to dine with tho New Englaud Soclety, wm New Youk, on Forcfathers® Day. Mr. Bartloy Campbell, woil knowa 1a Obicage 08 & dramatio antbor, hae satled for Earope. He will return oarly in tho spring. . O, Metdrum is lytng i)l at bla homs, 87 Cal- ‘nmet avenue, from wouts rhonmatio fever, Hone but Lis family are almitted to his room. The Hoo. Normaa . Judd and wife will lesre Monday for Boneca Falls, N. Y., waers thsy will apoud the holldaya with thelr dsugbter, Mre. QGould. Nr, Jooquin Millar, it {s raported, loves orgsa. grinders, Klo asaorts that thay are tho auly rep- rosontatives of tho old {roubadors, snd oulti- vates thom nccordingly. The Right Rev. John B, Kerfoot, D.D., the Episcopal Bishop of Pittaburg, 1s the guest of big brother, 8, H. Kerfool, Fag., wt lus resl duncoe, No. 136 Rush street, AIr. Bayard Taylor Is making olaborate studles for a combined blography of Gosthe sad Bobil~ ler, which will occupy everal volumes, and will uot bo ready for wome years to come, Linzt i8 apending the wintor in Rome. e bay promised to play at the musical festival whivh is to Le given at Florence next May to colebrate thio centenary of Crlatofor), the faventor of 1he piano, Thoe London Ezaminer likens Bret Harte to Defoo. It has peen the custom heretofors ¢ compare Mr. Harte to Charles Dickens, snd this lattor rosemblance can bo cavier sustained thsd the formor, Mry. Fanny Eomble offerad her reminiacences of the etug) now appearing in the Adante Monthly to the publishier of an Epgllsh mags 2ziue, tho managors o? which sllowed the oppor tanity to slip torough their Singers. Charlos O'Conor is ploasod o kpow that bit caso Is an ivteresting o e for phystcisns 0 studv, bat, ss ono of the New Yorx papers st emnly observes, this docs not entirely reconcilé bum %0 thie dreadful pain which he suffers, ‘The Loudon dcademy has beeu suthorized 10 eay that the author of tho burlesque poed, ** Jouss Fusier,” which Lau crested so grosi # monsation fn Eugland, fs not Me, Robert Boe chanan, but “an author who hosnos befure bees. kuoown a8 8 writer of verse." A Misnisaippi doctor personated Gan, Besure gerd in a mleeping-car at Milan, Mian,, for $b¢ purpons of mecuring & berth afier all bad besa eogaged. Thers waa some acntuston when the real Ueneral, who was lu the oar snd overht tho conversation, revealed himault, Mr. Chiarles Reade's novel, #*A Hero and 2 Martyr,” sppesrod origioally {a the Pail-Mal Gaelte Iu Loudou. I¢ was tranamitted to Glas- gow a8 1t appesrod {n parts, and reprintod ia the Glasgow Hérald. Mr, Rosde has now obtslosd Jndgment sgainst the proprietors of the Berald for infrivgement of oapyright. A gontloman in New York hag snlarged oo the firut oditlon of Dickeus' woika to mxty-thres vols umes by addiog to it si) books fn which extend- ed reference in made to Dickens, and by lotere loaving it with rare engravinge, portraits, snd photographs rolatiog to the text, The compleie sat Is estimatod to be worth 8000, 7 Tha ‘'clasulo pictures” which Matt Morgsn &8 oxhibiting {n Now York, with the wyowed pur~ pos of educatiag the rislog geaerstion lu st aroeald to be simply young women clad from heud to foot in flesh-colored tizbts, svd repre seoting historical aud mythologios] charsctert. Thero ia but one volcs among tho nawspspess &8 to the indeconoy of the exhibition. The dramstio editor of the New York Tribune, whose praiss is praise indsed, hes tule to savof an actor bighly hunored and estesmed la Chies~ go1 * B, John MoCullough received farawell hanors at Washington qu Saturdsy nighs, whan ho noted Richelfew with romarkable effsct st the Nasionsl Tueatre i that by, The President and many members of Congress present, and MoCullongh s waid to bave gaiued ave of the most emuhatio succosses of his honest, pa- tient, thorough, and boliiant cavser.” Auother Fogllsh Cplanel, the Hon. Jamee Dormer, Quattermsster st Dover, hes fatlea scaudaloualy in love, The object of bis affec- tioos iv s Mre. Bpry, whose husbaud bolds sn sppointmens in Iudis. Divorce deoresd. Bhll aootber Colona!, Ciifford by name, & Victoris Cross man, recently seloged with the wife of & brothar otticor and haa beou dismisied from b8 servioe. ‘This oBloer comes from s vesy ancient aud esuimable Roman Cathol.o family,—tbo Clits fords of Chadleigh.—aod tus prescut Feer of tusc uaie s Lis brothor.