Chicago Daily Tribune Newspaper, May 8, 1876, Page 7

THE USURPER Full Text of tho Liogal Opinions on Which the Now Oouncil Will Depose Him, The Hon. Thomas Dent Says tho Lato Mayoral Election Was Fit and Appropriate. And the Councll Will Be Justified in Canvassing the Vote and An- nouncing the Result. The Hon, J, N, Jewett Pronounces the Election a Valid One, and Fur- A ther Says That on the Qualification of the Mayor= Elect, Colvin BMust Step Down and Out, Tho following Is the full toxt of the Togal spivions which wero presonted by the Ilons. Lhoman Dont and J, N. Jewott to the caucus of the anti-Ring mombors of tho now Council on Baturday afternoon. Thoy aro vory able and ex- haustivo documonts. Mr. Dont bolds chat, ot tho present time, the Council cannot ploct ooo of its members ma Mayor, a8 thero I8 no vacancy in tho oflice ; if no clec- tion for tho oftice of Mayor Lhas beon hold it ia In tho power of the Councli to order one; that the Council would bo justificd in canvassing the yote cast for Mayor at the last clection ; and in his c‘flulcn {t was 0t and propor that the Elm]llu should bave held au oloction for Mayor April Iast, Mr, Jowett squarely expreesos it as bis opin- fon that the recent olection for Mayor {8 vald, and that itfs the right of tho Council to canvass the voto cast for Mayor at that election, doclara tho rosult, and rocognizo ne Mayor the porson 0 olocted, upou big qustification {u tho way pre- seribed by lasv; and that the right of the proa- ont Incumbont to hold ¢ho oflico censes upon the gualification of the Mayor-olect, tha Hon. Chomas Hoyno, THE UON. THOMAS DENT'S OPINION, Gnicaco, May 5.—7o the Hon, A. G, throop and otk B3, Aldernien elect—QENTLEMEN 1 Ata specis] elec- Hon, lield on the 23d of Artll, A. 1. 14i8, the peoplo of Lhe City of Chleago voled for city organszation under » general law of thio Btate, enlitled * An nct to provido for the incorporation of cities and viilages," approved April 10, 1872, (Ttev, Btat. 1874, p, 209, et seir.), Tho ploction returna were canyassed on the iid day of May In the sams year, oud sitice that dato the general law Just mentioned Las governed the city orgunlzation, it 3t onco sitperseded tho formor charter, but did not Deceshitato nmediao changes, aud did not ‘sppoint any apocial \eloctlon for cily'officers, Tho uct docs, bowever, designate the tbird Tuesday fn April fu sach year o the Ume for holding s general alection, tho words helng these : ** A ganeral election for city officors shull Lo held on the third Tueaday of Aprilof cach yoar.” (Sec,1 of Art. IV,) Tie first city slection was thereforo teld atihat tlme in this year, and has given Tise to somo important questious which will require the convlderation of the Common Catncll, one of which questions, capccially, $a, Waat Ml bo'dona with referenco 10 canvansiug of recog- %lxlnfl;hll ‘volen cast at that olostion for tho ofice af ayor nder theeo circumstances, certain membsrs of the Commwon Coitnell about to convena have sxked me to (:mnl(ler nud give an opinion upou thoe following quea- Lona : Firat—Cau the Common Council, in tho exisiing atato of affalrs, clect uno of it uwn 'members 1o por- form tha dulles of Alsyor? Second~Can the Comnon Couneil order an election of 8 Mayor by tho people? . I'lurd—Should the Common Council canvass the yate cast for Mayor at the recent cloction, and Lad thy poonle a right to vole for otficor at that time 7 coupled witlh o sug- | “Theus QUOENIONS WeTe BT Nrst gestion that the fact of a vacancy in the office of Mayor Rifght bo assumed; but liberly hie now bean given me to treat thosubject unreservediy, L, 1 am not of Lho opinion that the Common Coun- cil can, in the exiating atato of affoirs, elect ono of ita own number touct sa Mayor, for the prescnt incunis bent of the ofice, baving bean in tho oflice at the adoption of the ow churter, fa cntitled to exorcis tho puwers of Muyor until his succeesor shall bo elected aud qualifled. (Boo, 8 of Ast. I, of the act oforesaid), In my Sudgment, the word elected, as thero used, fias referunce to o eloetion by the people, 1t was not the policy of the Jaw 1o give the appojut. uont of Mayor to tho Common Councll in the first instacce, Tho law favors au election by tho peopls, and tho right to tho Common Councll to elock from jta own number {n 1o other ovenut thau the haj Jioning of a vacancy within one year of tho oxpiruion ©f the tern of tha ofiicer elected Ly the people, As suthorities for tho propusition that no VACANUY MAB YET QCCUNRED, tho followlug may be cited: Tho Peopls ve. Van Horn, 18 Wendell, 518; Tappan ve, Gray, 9 Talye, 607, Herce tho contingeuoy in which the Common Coutcll eould slect one of it Buwmber to sct o Mayor his not ot occurred, 1L To the socond question: Can the Common Councll order an eloction of Mayor by the peoplo? 1 biave toeay that it is my opluton that' if 1o such elece Uon hias yet boen kina under tho present city ehn tor, it Inin this power of the Common Council 0 ordor aty slection, ‘Uil anwwor, it s true, iuvolves the jirop- psition that the Hou. Iurvey D. Coivin in sxercimiug the powor of thio oflice when the law Lus nut in terme o by necossary intendment, declared that he ahalf bava the right 1 continue 10 doso untll the gencra election o belicid in Ix77, Itl4 alsoequivaiont to saying that be basuot lind granted o bim a cortain lurm, expiring at s dofinite poriod; certainty notn fized torm, if thora s ulsewbiero warrans in tho chior- lor for tho election meauwlilo of his muccoesor, Tho question then v, When sy auch sles tlon Lo rightfully held? If the feamern of tho sct ‘lutonded that tho person occupylug thse place under the ol charter should hold over for & definite poriod, appropriato words to oxpress {hat in- tent would hnvo buen used, Tiut the Mayor's right to hold the ottice muat ba found in the following words: “Tlip clry ofticers in office at tho Lime of the orgaut zation under this act sliall exerciso the powsrs ton- furred upon like ofticars in thia act uutil thelr auccos- 30rs aball bo clectod and _qualified,” Ar, Qolvin wis slected undor the former city charter, ta hold the of- Bre for the tarm of two years from the first Monday of Decerber, A, D, 473, and if that clarter bad T mained I forco Lis succeasor, had one beon alsctod, would Linve heon eutilled to tako (ko oflics on the frat Monday of Docember, A, D, 1875, Tho. effoct of the adoption of tho now clistier at the election held an tha B3 uf April, 1475, was fo give each aud eyory ouo of tha city oficera then in office just uch fenure of oftice ng 1y svecified in the now chiarier; and H tho operatiou of this charter wua to permit the ‘slec- o of » 3ayor at auy ime before (o expiration af the term for which 3¢, Colvin was onglnally elactod, ME COULD NOT COMPLALN, #luco the law under which bo was sioctad was subjact 10 be repealed, aud Lo bad u0 Yosted right to tho- of- fice, (Tle Pcople, etc., va, Auditor Mublic Accounts, 1 Heammon, 637), | His terin was therefura subject o bo datermiued by the repeal of tho law under which 0 lield the otice; and we must ook t the exintioy W an rogulating tho tenuro of his ofico or oifietal wers, ¥ ia o now exereiatog the powers conforred upon the Blayor by the now cliarter, but ho s wtitied to thy,| placa morely as one who can userclse sucl powors une 1l Litw gucecasur slinkl bo elcctcd aud qualiticd, There doos not sevmn 10 be auything in tho nct that sliould, 1 my opluton, be keld to operute poitively or atlizmativoly to asteud the term of any ofiicer boyonil $ho time foit which he waa elected ; or, In othirr worits, weyoud tha time of any pocial or' general clection u der tho act. St doea oty Lierufure, weew 10 e nie. canary to bring to the aid of this ofscisaion (o woris f Bec, 28 of Att, 111, of tho Countilution of Tliols,des claring that ' Nolaw sliall be passed which shall operate to axtend the torm of auy pubilic oMiver afier Lia eloction or appolutment.” 1f tho prssent cliartor lould bo conatrued as operating to extend the torm Ul any ofticer, or us Laviug thy ofiuct from noceasary tonatzuction,’ it might theu Le necesmary to coue Mdor whother that constitutionsl provislon - lted BIr, Colvin' term to the time for which ha Vs originally “elocted, Yet, 1f that constitutional vrovislun neod not lie ‘invoked &8 an additioual argu- trike down the claim that the siatute ope s lerm for some elghis stlll, il principle of the provinion ned Sotbe discarded’in cxuwining tho statute and mnves- Vigating the powers of tho Comwon Council. It Viould not be ‘wupposcd very freely that tho (icneral Anombly tntendud to doviats from that principle, nor {5 sauction s dopurtura fcou it 1418 falf to presuime Sliat tho reatriction was ot futended to ba dlsregardod slthier directly or ndirectly; aud the supilcation 3 1t by the City Council in & caso whereln thoy would 3ot run counter 0 an express Inbibtiou of thu alature would bo legitiuate, or would tend to uport the exerclyo of sho TOWLLS YENTED IN THEM, Again, the doctrine that tle terw of Mayor Colvin Tiog eatended unti] April uoxt would fuvolvon rufluc= Uo on the Htate Leglyaturo us huving so legiainted &4, In wulalance, to clect bim 1o thy offico for abvut twa-thirde of a full new teru, 14 1e anougn, bowerer, for the presont purposo, ta Inquire, Does Uiy cliattcr giva to fucnmmubent & Tiht o hold tho oftice until the kenoral election for Playor to Ue keld oi the tuiul Tuewday of Avll, 1777 Corlaluly suck {4 not 1ho Ligunge of his commission gtubodied fu Bec, 4 of Art, L. of the chartor, It tiay La urged, howevir, thet Boc, ¥ of the siwe article e Sou aupfication 19 the cass, It Fodda thus: ¢ Tha ¢lty ollcurs elocted under elther of tbs proceding soce Uions atiall hold thelr reapeciive oftices until fhie neat Juccesding regular election for such ofticors, respbcte vely, aud unul thelr succussors sre elected abd quali- i 18 Frovided fn thla act, But 1 1 quite sppareut that this sectlon W not ap- suum o our actiig Mayor, Wo was ot clecled wne ler this uct, nor auy of itasectlous. Lo {v holding i otico wefely Lecauso Lo waa 1 office when the sy paa sdoptod ag a city charter, The adoption of lhe 38 did not vote bim ont and vote him In st o samo L would Lo fally to say that it yotod bums in whsa he wax already futue place, utd vas only cautine 18 14 to exerclso the powers of tho olice untl} bis amocerar ahonld be elected and guatified, that this wection (8ao, 9 of Art, )aei tho torms of aMcers, not of any iken existiug cily organizod before Ahie aduption of tide chartor, but ouly of ofiicors who were fo Lo slected in cltles fiteviotnly incorporated sa tawns only, or In_territory bcomdug far the firat time organized 88 cities under this act, fore, put anide thin saction ax fnapylica ent case; and it wiil not bn bazardoun st ar ‘reasonable coustruction can wake it orve to prolong the term of Mayor ulvin, 1t will, perbaps, be urged that ‘the law doea not In sxpress termn provide for & apecial alection within A particular periud, without leaving any discrriion to the Common Ceuncll hoyond that time, Alro, that Lecauna the act doca nol in Ao many words asy that & uow Mayar sliall be clocted, $herefora nono can s choran tiefors April 1477, Lut we are atlowed to ox- amine tha wiidlo act {n consideriug ita fntent and pure 103 and we finu in Sce. 14 of Art, 1V, (pago 218 of tov, Hlat, I874) proviatous which seom 13 justify th calling of A apecial eleclion when bocessary for the piirpose of tho act, That scctlon declarey, among otlior things, that *'in all cosen, when neceasary for the purpore of thin act, thoe City Gouncil may call eneclal clections, appoltt judges and clorke ihere- Of, canyaei tha returnd theronf, ete, 1wo eritielams upon this use of that rection may be hers uotleed. One i, tuat we cannot aay ihat it 1s neces- 8ary [or tho purposea of the act ta " cull s apecial eirc- tion. The mnswer, o it fectns to me, I tuat 1t 1s for {he Conimon Coutlell Lo Judga of (s necosslty, sud at tha COULRTA WILL KOT INTRRFERK nor attemnt 10 say that much wpecial election ia nne necesnary, uniers ft appoears to Le & deyarture from the 1o Buppos for example, that the eity chiarter hisd Leon adojited at tho general election held in No- ‘yember, 1875, and tat the ssme time one of our eltizenn other than Mayor Colvin hiad been alocted by the people to fli the ofica of Mayor, Now the charter election might Jinve Leen lield ad that tim hich was also the thino fur electing & Mayor; A if we uppose both evonta Lapponing nt tlis same timm, namely, the adoption of the charter, and the olection of a new Alayor, then what woull have occitrred 7 ‘The canvasn of the vote would huve been had slmont fmmediatery, and befors ihe newly-elected Mayor would be qitalifiod to tako the oflice, aud tha cofistruce tion of this charter now asserted by some would have centinued Mayor Colvin fu s office, bot only after tho voto of the people to place another man thern, but until the third Moudsy in_April, Is it nut & belter conatruction of the charter, thal if the Common Conucl ahould deem it tecousary for tho purpuss of thie act 1o cali & apecial election, they have tho pawer hy"llulr.rml of this Hec, 14 of Art. 1V, to make tLs call, In some cltfea adopting the genoral act the change from ono form of erganization to the other might not ba 80 conalderabla 38 1o call for & special eloction for Mayor or otler officera; but this section I8 Lrousd cuaagh to meet any case, We nronot oven required (o say that thero wns {m- Posed upon the late Common Council an avsolute duty to maku wuch s call; much Jers doos the argutuent - volve fu the exainination of the law alone, or in Atrelf, o criticlam upon the Common Councll fur not. having made tle call prior to the first anvual alection, this belug the most convenient period for it, "Ihe question whetler thera war, of is, 8 tight to order such npoclal oleclion in & question of law, de- peuding upon the construction of the charter; and'in Anpport of the afirmation it may be repested that an clacifon by tha people will be favored in every cane in walch, by fair {mplication, tioy may be ailowed to 8prak by the casting of their ballots, That ‘mode of relecting an oficer will bo sustained, #0 {ar forth aa tho law warrants it, In preferouco to tha continuance 1n oftica of the Ifioumbcat through o straned coustruction of a statute. The members of the Common Coucll may bo supposed for the purpors 1a atand near tho people, as thair represcntatives, and € it ahould be tholr judgincnt that a apecial election is necessary, why should any court say thal it is un- Deccesary’? The charter was subject to ba adopted at any time in'the year, eithier before or after the regular siection criods, and perhaps ihiere was no impropricty in &l- fl:\vlnx the firat election to be doferred uutil the time of the first regular aonual elaction. Dut we ought to besitate to allow incumbents to porpotusto themaelvos in oflice unnecesmarily, or beyoud the appropriats tinie for the election of successore, A yerbal criticista on tho viow above taken of Bec, 14 18 proseuted, It da that, {n the notico of ® mpecial eloction, the section ' reqniros to * be atated the questions o bo voted upon Dt this s not 3 real objoction to tho pawer af the Common Councll {0 call & special ol tion for Mayor, Ifsuch an objection could bo aus. tained then oven o cane of the doath of & nowiy. elected and qualiod Mayor within a fow duys aftor entering upon his torm ofiice no specla! clection could ba callod unless st the same time thery wera soms questiona to Lo voted upon, and to be epecified fu the notice. Lut the objects of the wholo section belug considered, it will bo found that IT WASH INTENDED fo provide comprebiensively for much mpeclal eleo. tons from time to time sa might bLe ordered, whathier for the clection of oficers or to pass tpon otlier qucetious subjuct to be submitied to tho ulcctors s nor could tho power of the Common Cauncil bo de- uied, evon {f tho courts would bave hesitatod to grant an application scon after the sdojsticn of the chartor to require the Common Council to call o spocial eloction for Mayor, Doubtloss much could Lo said In favor of v proposition that 14 i & duly {nonmbent on tho Common Counctl, but it is prosented here aw o matter {ovolving some dlacreilon ou their part, aud m{nux- amination of the question forces Dio to'the oplufon thiat It waz and ia I the power of tho Gommon Coun- ol o call 8 spocial elocion, Iho policy of e laws i goueral acoords with thia’ viow, for publio offices fn tiis Blate ara hold for fixed poriods; if wo find o voson in odice moraly o titled to exorclso its power until a successor aball bo elected and qualified, o coucludo that Lis position 1s ahomalous, and hat perhaps be will occupy oven & more important and diguificd position 3¢ re-clected for adefinite and certaln period, Aud if the Common Council should sew that the inilefinite incumbeut fin- paire, to some oxtent, iu tho esteem of our citizens, the exerciae of hin great aud acknowleuged sxocutive ubfil- ties, this would ba some reason,and not an fuconsidota. DLl cause,for exerclaing o power hut 18 perimtled Ly the ncst reasonable construciion of tho charter, 1t wiik- out estendiug tho dircuimion, 1 knva only toadd tha 1t 18 my opinion that it uo person hax been clected suco the adoption of the prenent charter, it d fn tho power of the Cotumon Cuuneil to order un oloction ; Bee, 4 of Art, 1V, of the charler beluy suflicknt to authorize the ~exercise of such voyer, The Comimon Council had the right to sct the ball {n o~ tion by calling on clection for Mayor at some Gt time; but ir the Cummon Council neglocted itw duty, tus powee would bo withi the pooplo st an appropHate clection period, Of course, thia remark applice if tho city reorganizing itsolf was entitled to elect & new Mayor without restriction in the law as to the ot lartima of o doing: & matter which 18 to be further discussed horvin, 11, Who third question submitted to me relates fo tho votea cust for Mayor at the late city election; ani it 1a, perbaps, tho most Important aud ‘dithculs one of tho questiona propounded, 1t fn my uuderstandiug that a large majority of il electora fncluded the oflice of llur‘ur m naking up their ballots, and it s satd that all the ticketa aepon. 1tud fn the baltot-boxes wero prepared with space in cach “for Mayor,” 33 well ax for other oflicers, although the candidate’s uamo was left blauk fh wiany of the tickets, whils in othora it was fuseriod. It ‘was, liorefore, futended by & great msjority of the TLOPLE TO ELECT A MAYOR, snd the question ia now prescnted whother tho law warranted such a procedura on the part of the ponyle, In conaldering this queatiun, soma of s preceding observations sre applicable,’ Wa may, for gzample #ay that as alayor Colvin's Hight to ozerclun tho pow. ers conferred tipon the Masor was subject (o by dus termiued Ly an clection, allowed Uy the qualification of tha pereon elected, nnd a8 clectionn by the people aro favorod #0 (ar forih as the law warrants Wiem, wa do nat find in the mere fact that this election was held before tho third Monday ju April, 1877, auy reasou for saying that It §s dnvalid. 1£4t had beeh caliod by tha Common Council but 1ittlo af any doubt of ita regutaze ity could bo urgod, Wa ara uow, Lowever, to_conalder it in view of the fact Lhat, 1a an election’ for Mayor, it was not ardered by thie Commion Councll, aud that'iu th election no- tico published by dizection of that body it was oy stated that & 3ayor wan to Lo olocted. Tho election, to this speclal oflicer, 18 to stand without auy sich 1pjiort as would have Loen given ta 1 11 the Copnion Council Lad cansed to ba embraced in the notice the oflice of Mayor as oue of the oftices ta ba filled, Hore 1 would say that it scewn to me that it would have Lesu suficient if the Cominon Councll had included iiat oo in the notiee, This notive wias prescribed Ly a resolution of the Common Counell, and i the oifloe in question Lad been named fu the nntica tha. would hiave Loen equlvalont to an order dirceting a0 sluction of Mayor, wilb the othur npocified ofticers, at the timo stated tu {ho natloe, We fiud, then, that respect Lo royularity, a1 that can probably bo sald to b wanting to tuake the election regular, a0 far o tli oflco of Muyor I cuncorned, fs tho absclce from the notlea of any refurence fo that offico, Bt §s sk abuence fatal (o the cloction 7 Thin question. raprs thie inquiry wietlior JL 14 exentlul in all cises {6 hyve thho utice kpecity tho partioular oflicers o Lo eloctd. It docs scen £ b tho duty of the Uomtuon Gomcl] to cawso 8 yotice 10 be printod i a nowepaper, or posted and st each vollug place in the city, At st twenly days pelor to an election, ' fn which noties #hall b deaignated the i and placy of the election and the ofMcors & be clected, If 1t wun the duty of the Cominon Council to fucludo the Mayor i destgnating tho offices to be flled, tho elogs tion ought not to fail meroly Liecauss the 'Commun Gouwnell omitted to peciorus at duts. For f th Jreople Lad the legal riehit to olect a Mayor ad that cloc. tion, then the uliseuco of tho preseribod nofice to thent would uot deprive them of (hat right, The law itéelf woukd ba supposed to Lo known to thens, and would surve s b tiotico au for oa 1t would concerds tie filing of the particnisr office. Many csaon e braolng this docirlne econld be riled, Tu Dishou Couuty Judgs, 10 Tows, 218, Woodward, J., safd ; biau been remarkeli (hef the people ARE NOT TO DE DISFRANGHISED, to bo doprived of thulr voice by tho omission of some duty by an oftleer, 1€ tha election lisa in fact been bold b the ‘proper time" . . . Ulon conviderations Uko these the Courfs hiave licld that the volro of the pooplo s not to e rejectod for 4 defuct, ur oven s wout of uatice, if thoy Lave i truth beva called ujou and Lave spoken.” In L'eople ve, Brenlam, 3 Cal, 447, Hastings, O, 7., deliveriug the &rmlun of'tho Court, sald : ¢ Wo sbould not axtend otficlal terms beyoud the Ui cloarly do- tinod, but rather by tmplicatfon, it necendary, the duration of W terin than projung 18, , s o # Ho, Davie ! (the relator, cliniug tha oiiice of Mayor of an Franciuco) v pocelivd s majrity of sll th voies curbub au eloction ordered by Law, und tho tue.ne of bringing sbout tho cloction st 'thn fervgnliikios Ahurelnslould Le disroxarded,’ P et and place of thio eloction being fixed by low, it nay byve been the duty of the Comminy Coundl'to give notico thoreof,' ! ,°, o [But) It ought uct o bo fus 1ho yower of Incuinbouts fn oice 1o praveut tba slection of thelr wiicceasvry at the time and placa pro- scrilad by faw by negleck ou their part," In Cardon va. Mcblictridgs, 13 Iuid., 47, an olection of Carson o8 Olork of tue Monrua Gointy Ciremt Court ad the Octobur glection kel dn 3859 wan beld to Lo valid, although 1o wilies waa given that thet OUller wau ta bo re-electud ot thet ylecion, Tho oy of the prior iucumboud then vrpired Iy constifie tonal limitullon, bo-auss the Caurt construed tho Coatitution aa provonsng Lin (Mobluteidge) from holding We ollice more thau elght years consecutivoly at ouv tnv, snd, 88 tho elght gears espired L Lmg i shorten nalification ot tio Octoher glection, 3 to circt that “succersor wan by the Buprome Court, which dectared that the puopls could e presumed to havo hiad nutica of tha expiratton of the right of McFhetrldge to continug I tht they thernfore had a right (o fruvide & succeasor 10 tako liin place, In the State ex rel. Laal vx, Jones, 19 Ind,, 559, the oflica of Auditur of Tiearborn Connty having bezoma sacant by 1ha remaval frotn the Blate of Carkwall, who Bt hold the office, and such romoval having occiirrod twenty dayn bofora the aunual election, which was to Lo heid du Qctober, 1861, the peopls of the county yoted for & eandidats to fifl the place, and the Supremo Conrt beld that the omiarion of the naual formal no- e tiat the slction wonld take placa dil not eenidor tha election voud, Imt that tho oice bebing, In fact, vo- ety the stitharity having the power to fil the varan. €y had » riglit fo proceed fo elect, sccordiug ta tho forma of 1w, a person to A1l suchy atiiee, althangl tha Court couceded that othor clrcumsiances nhpit ceottrol ths validity of the olcction. By s, o8 I aipposs, 1t wan mweant thiat if it apneared that bt an inconslderable part of thn alnctorn had or ook notice of tho fact 6f the yueaticy, the Court would wob regard tna election ns being abaolute or binding, but might cozader o fact of thia want of the formal otice aa having been ireji. dictal to the hody of the electora in the particular case, In (ho Penpio ex rel, Davios va, Cowles, 13 N, Y., 40, Rolert 1, Morris, ona of the Juktiren of ths Gupremo Qourt for tho Firnt Judicisl District of New york, died un tha Z3d day ot October, 1675, when Lin term of oMce knd atill over two years (o ru, and tha olactors of the diatuict, ab the ‘gencral iaction of Tuilger, which wan Lold ou the ensutlme Gth of Navumuer, elecled Davies to fill the vacancy ; abi tha~ Court of Appeals Leld that THE ELECTION ras valld, notwitkatanding no uotlce wan given by the Becretary of Btato thai & Justicu wan ta be electod to 11 the vacancy at that electfon, Tho Constitution of the Btate of New York provided (hat in cane the office of any puieh Judge slioull Lecosme vacant hofare the expration of the regular term for which ha was eloct- ed, the v nn!{ migiit bo Dlled by appointinent by the Governar until 1t should be rupptied &t tha next gen- eral election for the due of the nuexpired term, The ntatuten provided also that vacancics in tha oifies of Justices of the Suprema Qatrt shonid e supplied at the genecal cleetfon next succeeding the Impreuing of nnea icancien, but also contammed n general provision for a special notico of election; ana fn thix state of the casa tho Court of Appeals Licd that there wan the warrant hoth of the Convlifution and of the atatuto for the clectora to proceed and 61l tho vas cancy, aithough tho clectors bad uo other notisy that the vacancy wis subjoct to be filled thun nrese from tho orfMuury publicity of the fact of the death of o Judye [n ofiicg, In Stalo ox rel. Peacock va. Orvis, 20 W 215, 1t ap- r‘r‘lr@d that ens Francin, who was Sheriff of Fond dn 0 Cuunty, died un the 18th of June, 185, and that ot the general election held on (o 7th of Navember, 1465, Peacock recoived 2,023 votes out of 2,035 whicly were caat for Lhat oftice; and It wus Leld 1hat, although Ll preacribed notice that the oflice waa to e filel at that olection was niot given, yet the olectors had a right 1o take notlco of tlie vacancy canzed by the death of Fruncis, and wore Justitiod in elucting L succe:sor, Soogain It was Leld In Blata ex rel, Lutfriug va, Goetre, 21 Wisc,, 344, that an clection (o Il a va ney, Bowavor created, would nat bo held to be invalid merely beeaurs ‘tho_statutory notico wae not given, capesially if it apposred that the ycopls genorally kuow of the vacancy, and Reworally voted to filf it. In The Y'eople va, Hurtwail, 12 Micl,, 608, tho Com- mou Council of the City of Detroit had doclared a va- caucy In tho office of City Attorney, and had filed the ‘Yacatiey by the appointment of Hartwell {0 norve until the next sunual election, st which, by the statute, the ‘vacancy wan subject to be fllled for tho residuo of the official torn, At thot election votes were cast for tho relutor’ Hyced, and the Bupremo Court bold that the statuto concerning the giviny of motice was morely dioctory, and " that tho eclection was not vold for the want of such notice, o the eloclurs wera supposed to know what ollicers wors to be elected at a general electlon, aud that the design of the formal nolico was merely ta rewmind them of their duty, Lub that it was Ju 1o way connected witl their right 'to tho elective franchiss, and was not & condition procodeat fo tho exorcias of that right. Thess canes appear to have a strong bearlng in favor of thie recent elochion for & Mayor of this city, But before recelving them as conclunlve on the subject it 1a well (o notice wamo of the caees which are suppose to Lave o udverso bearing. Bowmu of Llie stronyeat of thiese ure In our Tlluols Roporis; and &f (lioy wero oz- actly In paint, they ; ‘WOULD BETTLE THE QUESTION. Lut they appear to ba moro distiuguisbable from tho case uuder copsideration than ars tho Iowa, Califore nin, Indfans, Now York, Wisconsin, and Micligan cakes, Threo Tllinofs cases hiave come to my notice as g apecfal pertinency, icioy va, Thompsog, 41 Ill, 11, was & case pertain. ing to & bounty-tax. ‘That tax colld mat be levled uh lewit by an olection held upot ten duys' motice, The clection Aoems to have Lsen Lkl the next day aftr {lia jasmagu of tho atatute nuder which §t was poesibly toJovy such tax, but which statuto required ten days' noiice, The Supceme Court held thut the notice was indispensable 10 tha oxercing of the power to levy tho tax. No one would qgitestion the correctness of the decie- fon, but mark a distinction! That was n care in which ous of the most fmportant preroguisites of tho lnw was wholly lacking, and tha assemblage of the peopio was not brought about under suy form of law, It represented au informal gatherinig uf lesn thau one- half of the voters, aiming to vote fur one solitary mat- tor, calculated {0 charge tho property iu the townwhip without regard 10 uny utatuto ou thesubject, Wo may say that ihey met without molics qf any Aort, whilo hiers tho elociion waz a gonoral elsction of city olficers, of which election all tha people liad not Tae Iwople vs, Qocliouour, 51 1IN,, fuvolved the validity of an_clection, under a yirivatoor specin] statute, of township ofticers fu the City of Danville, Tho law required ths City Counct] to fix a place of bolding the eloction, and appoint judges and clerks, and 1t nklmlrn.l 10 be doubtful whethier the Comuon Council had tized » place, and in Loint of fact the olection wus bield ot & different placo from that which wasalieged to have been fzed. The Court held that, Leforo ‘an election coumid bu held fn the wew district which Danville constituted, the City Coun- cil thould take formal action, ko that tho clcetors wotld know where to 4o to oxerclsa thelr right of s feage, sud s the Court found that thera wea no natica of any kind where {he Council had ordurad tha eloction to ba beld, or whut oflicers were autbonzed to hold st, an elect.on under such circumatances was not entitled to reacctansn expresnion of tha popular will, It canuot, howsyer, bo aaid as Lo the caso in band, that the Common Conncil faliel to Uz a placo for holdin, tho elecion, or fuiled to doslguate the oficors to hold fallurs on the pirt of the Comiuon Coun- cil esn be alicged. Tho only possibla objoction b that tho notlcs whicl was pullished did not eay to the clectoru thiat ihiey were EXPECTLD TO ELECT A MAYOR, Harding va, I L & Bt Lo ILR. Cownpany, 6% 111, 50, dotermtnca tho same priuciplo which was ninouticed 11t Thy Peopls va, Gocheuour, supra, A rallroad snb- acription by the County of Wurren was propased, bt the wubscription would not be warrantod unices thiity days® notice of tho slcction should bs given, Tht uotice waa not given, ana tho vwisslon to give it wus Ligld to Le fatal, ‘o Btato of Towa ex rel. Lewln vr, 8015 Dickey ve., Yurlbut, 5 Cal,, 3437 Jonew State, 1 Kan,, 4idi Diddle vs. Willard, 10 Ind., 63 ; Lecl vu, Ray, 15 Iad., 854; and Deal va, Morton, § Inud., 240, peem alao to o quite distinguishable from tho case auder coneideration, 1t in trua that Tho People lowed by The Leoplo ve, Welles )y Leoplo ve, Martin, 12 1may Dot bo harmon- Jzed with The Peuplo vi ), 13 N, X., U0, avove cited, It has not, bowevar, been practicable for me to col- lect, at thia time, oll the cases ;. yet ftrecmodto Lo ot to notice to soma extent such as I found opportunit Lo exantine, {n order to draw from them somo princh ploto baapplied, They seam in the mam to Sluuly the doctrine that if the law authorizes or directs an elsction, and tha thue snd place theroof are fixed by or in scoordanca with tha atstule, then, If uch olec. tion & tothe particulsr ofticer Is kuown to and partics Ipatod {1 by fho body of tha oloctors, 80 tuat 1o frand upon them will result fu {ts subsequont recoguition, tha want of the usual formal notice directed fo he Rlven by oiticors chiarged with tha duty of glving auch siotlce will ol avoid (Ls elaction nor defeat the right gL the lactore o cliusa somie persou o il ht vilce. 1u auch & cawe thy court would consider all the cire matances and would not austaln the eloction 1 §t sbould appasr to be practically a fraud on the electors, Tho firat guestion 10 bo conuddered {8 ¢ DI tho law pérmit un election? In anaverlug this qucation wo take niotice of the fact that Muyor Oolvin was moroly anthorizod o ex ecuto the nowers covferred upon o Mayor by theact of April 10, 1872, until & succemor should Lo olocted and qualified, Then we bave Bec, 1 of Art, VI, (payge 244 uf Rev, Btat, of 181¢) reading follows 3 9 Thore shull be elected tn sl clthen organized under this uct, the fullowing oflicers, viz, 3 & Mayor, a City Connvil, s City Clork, City A((Url ¥y and o City ‘Ureqcurer,” Alsa Boc, 1 of Ar, 1V,, which reads taua 1 A generat aloction for fllr oflicers wbnll be beld on e ibird ueaitay of Aprll f1s wach year."” Tt 10 woruowhat tuferribis from the puarded language of that part of Nec, 3 of Art, 1,, which has been spokun of »a the current commlssion of Muyor Colvin, thut \bo eleotion of o succcssor wae expectod to occnr withinn comparatively short perlod ALer the ming. tion of the aut by Wy peopie; and a like luference fs deducible frow Bea, 4 of Art, V. ‘which with suine ex- coptins vot smbraciug the Mayor, requives all oificers of any clty, whatlor slcotod or appohited, to sxveits, tefors enteriuy upon ths dutles D’ their oflices, bondy for " the faithtul porformance of thelr oflicial dutie but this section does not apply to Mayor Colviy, bo- causo Young 4 Toma, 4! . IIE WAS NOT ELKCTED nnder ible act, Lisuoo no such bond fs by tha act re- uired of Lim; and yet It {s hardly to {n supposed tliat the General Asvembly intended to give an i curmbent of suclh an ofMice w prolonged tenurs of oMc relloviug bim (com an obilgation iaossd upon any ous Who might succeod him lu the anieo, ‘Lo 8ch aivo requiros pastioulur quall title auy oue to huid a city oilicy, while the charter uuder which Mr, Colvin was olectod 4id not, aw 1 tun- derstand, wake Juut nuch requiccments. Necossarily, atier the firad olection under he act, thare must conge in & now Comwou Gouugll, av Boo. § ot Art, 1V, siys, ‘AL the Brat election under b act ihore shall by clucted the full aumber of Aldormen to which tha ity aliall b vatitled ;" sud procveds to give directions for dividing the Aldermen {nto classed ab the first mostig of tus City Council after auch e'eation, aud Beo. 4 of Art, 1L declarua that the City Gouncil ball consivt of Alie Mayor aud Alderroen, 111 true thay this gection doos wut expreasly say thud by Lo of tug Col, Leiug Mayor, shall also Lo eiocied &b thist t) nos 1 4} tuut deduction would uob bu Laspuropriate, Pors Laps other Uluatsationy of tho apparcut sxpiectation une der this sct of the elsciion of clty = omers fi seneral, reasonal flor the passigo of the ot fuinstion of tue whole act, bus thues now givew wiil suttive for the Lrescut, | And At wa left oub of view Beeo 3 of Art, IV, it (s nob probulla that any ous would attelupt to maiutain thay au eloction of Msyor at tho firet gsuord elochion uuder 1bis act would hava been fwproper, This section 1anst, Boiever, bs noticel, bicaven upou it dugends the whole watlée ab tmus, ' It reads shus: .} the goneral election buld lu 1672, and blountally thereaftor, & Mayor uhall be olectsd i esch ¢ity,” Under this soction I8 fy maintatuwd that uo Major can bo clscted. tonuccied the Mayor who was ia offico ab tae adop eations to en- tion of the pressnt nct, becannn it (a mid that when ho wan elncted his nlection was for & tarm apecified in the Ol charter, mubject elther 1o ba dimininhed or rx. tended Ly the actof Apri) 10, 1872, whirh war ready for adojition al, or auy tims after, thal sloctin, The tro statutes, 1t 1 wild, fiiol bis ter, and both of them ahould ta placed side by aida, un eauxidered 30 cosval In date, o £37 89 concarns tho of - fra in queation, 80 that the act of April 1), 1472, wiil not bo countrud an wivliug Aty uew torm, hut sn Les fg Just aq applicabls Lo tas term of Sayor Cotvin in warranting any further duration of (hat terin as if ni elortion an t5a adoption of the weh were uecided npon by th froplo at the Rame thine, or Liad Lappensid betoro 1bs cominencement of hla term, ‘Tun o)Anious of are HumeuLs Lo that effect Uava bosn astute and Iugentass, nid wrn entitled 10 great eeapect. Ithes not been my M to review thom, and full opportuntiy to do s 4 hardly sty commsud i but Libad been my colet Purpos 1o ba guldod by an ex.anination of tie act of jucurporation, from which examiuation X conciude that uulean that act does b expreus Lering of by heds #ary construction give our ity oxecutivo & ter of oitice until April, 1874, ITF CANNOT CLAI RUGH A TEAM, Granting the premines of the arutient for the g rens ent, 3et it will be ol nerved that Jt doce nid seanve froiii the qucstion, How much uf o term Q10 (e act He Aprl, 181, attempt or profess to give to Mayors not elented nurler that act 7 Leturning from thin neeming dizresston to ronsfdar the edfrct of Ssc, 2of Art. Vo, which Iy Lolleved by De the only rection whi-h mtiitates avatiat the view hat w Mayor, like the Alderien, fanehject 1o ba elected atthe fizat jreneral election for city oilicers, let tx 0be serve why tue atatute was worded' #0 s to requiza & eneral electlon for Mayor to Le held In 1v71, and bieunfally thereattcr, Tho act was pansot in thie for fts edoption by matiy towne and’ citles, If they 56 chioss, prior (9 or preparatory Sor 1o Luiding of an election therein un the third Tuesday of Apni, 143, which would Le ressomably acon xfter tle noasble adoption of the act The design of Eee.1of rald A, 1V, wan to creata umifurimity v 1o the time of holding the geueral tonh bu afl tue citien adopting o Lecomin thig act. Tutthe destyn ol Sac. 2 of the tle was to D tho term of oftice of Mayorn lected nnder this act, €0 hat no such Mayor would eoutinue {u atllco aiter the regular time for electing Mayors, But distiuction may be made betwaen the Magurs 1y orlca when (he act was adopted and those clected under tho act, the distiction consisting, we may B3y, it the fuct that the Mayor in oftics at iy adoption of the act was appointed thereby to exercine tin powers conferred upon a like otticer, and by thin act, wathaut sny other quslification than tho one fact that ho was thio Mayor In oflice when theact was adopts whercas the” frnt, and each aud every othes Mayor to be elected under the set, was o puesess all tho qualifications apsificd’ In Sec, O E A L Auynuch Sagor comiug fn nnider this act was {o kave a commision and give bond se required by Seca, 4 201 § of the pmo art.cle, Now, while Sac. 1 of Art. VL,whichh rojuired the o tlon of & Mayor under this act, did uot say when that election should feat oceur, yet {c classes that oflice Wit the other members of ‘the City Councll, and also withi tho Cily Clerk, City Attoruoy, and City Treas. urer, aivd did not nay thut tho tirat clection of Atuyur should be at auy difierent time than that Oxed for tho electlon of suck other officers, It was but ressonabla toliavs the frat election of city oflicors on the third Taeaduy in April Iust, and not carller; for if an eloo. tfon biad been had Fooner a general 'election would atill havo been noceseary on tha fhird Tuesday in April, 1876, There lu certatnly muck force fn th wu- geation (to which iny opinton” strougly incliusz) that the people of tho ity of Chicagoswere, 1n polnt of law, NO LES8 ENTITLED fo have a new Mayor ol that time than they were to havenew Alderien. Tho sct of lul:oryurlllnn WaAB adopted by thotu in order to obuin the full Leusat of tho sorvices of all tho oflicera wiio might s choken by them, with refercuca to the qualificatfons and the ar- erclue of tha powers cuumerated In the act; ond if & Mayor hnd been elected ot this goncral eléction in ‘Aprll, 1876, bis term would necesarily sxpire fu ong year, Nor would thot torm of otlica ba juconsistent itli tho act, fnasinuch as tlie actdoes not soy that any Mayor s terim aball Loa term of two years, ctey buy determincs the term Ly the periodical elections for that particular oftice, “We nieod not, tlerefore, read Bec, 20f Art, IV, 3 an oxception to Sce. 1 'of fho sunio article, 28 {o tho first general clection for city ofticers, It would doubtlcss be read as au excop- tlon if Mayor Colvin's term Liad, by the Jaw, been rald inoxpress torms to extend unlil'the general clection §n 1817; but such reading would 1o for the barmony ot the entire atatute, and not belug neceseary tu much barmouy 10 tho patticular case, £ does not prevay). oth sections catt stard together—ono as raquiriuig n peueral clectlon to be bield for clty oflicers on tho third Tricsday of April fn cach year, and the other aa providiug that the soveral Magors to bo elocted Undoe this act absll g0 ot of omce a the satue poriod of thae, If it sppeared that Mayor Colvin:liad pre-iae- 1y the same place In thin system as if he had been electe ed under the act as thoirat Mayor thiereuuder, thea tho Toaoning Lero employed would for tho present pur- poso allow to blima term that would ceaso with the ieveral election to ba Lcld In April, 1971, Some wuge geations Liave, howover, Leen advanced fn tho way bf argument that he does tiot osepy, Jurt stch a poeition fo all intents aud purooses aa if Lie Lad Leen elected under the act; und thera I 80 much catisa for thune suggeations, ok argnments drawn from th ac ilaclt, that the dealrd of tha poople to elect 3 full Common Couucil st tho late election, when thiers wan by law to D2 held o geueral eieciion for city oflicers wus not une ressonablo, particularly ss the act makea no disiine exception In respect to tho elective officers raguirad b the uct, and subect 10 bo ¥otod foF ot fie Beek general electlon, The Mayor elected under the act s tobe ono of tho Common Couuell; for hoc. 1, Art, EIL Saya that * {hs City Couucil sali cousist of “the Mayor and Alder- men.” Now, whenthe peopls eiccted, &g they i at tho reccut election, sll tho Aldermos, thers would #ecm ta be Atnees fu allowing thoe eloction at_ the same timo of a Mayor, who was 10 bo onie of ho City Coune cll, But the Jaw agatn declaros, 1n Bze, 6 of Art. 11, that the City Councsl aliall ba fuige of tho olection and qualificotions of its owu members, The City Council Law tho same power wu thia regard, fn the st jn- stance, that ls beatowed upon eich liouse of our Gen- ezal Assombly, aud the mombers of the City Cotucil should doterinine tho caae on judiclal priuciples, They will declda in tho first wheller nn clectlon of Mayer could pl’n&)erly Lo leld ot the time {n questiop, an Wil Lo caro- ful fo ~conslder whellier ~the electors lLad sutficiout notice, and alto whother tha vote was so gen. eral that thy election may bo sald to have been free {rowm uspicion of aurprise to or fraud upon the pene ple, Perhaps no hight vols should be allowed to carry auy man into oflice under such election, Lut thie Cummon Council will cousidor all the circumsiances of the case, {n order to give o right judgnient upon it, If a Mayor was subject to be eiecled st that cuve- tion, so that 1be city could aek of him compliance with {lo provision as lo giving n ofleinl boud, elc., then the want . notice {rom the lote Common Council that Aho Ma e was to Le elocted should not dafeat the ele tion, i it bo tuund to Lave been fairand freo from fraud or Wudue irregularlty in other respo: Tuere 18 certainly LNOUGIH IN TILE CASE suppoel to furtify the Common Council In canvassing thio retusna, aud_jassiog that Judguest upon (ho cars whifc 16 enjolued by law, Tue Louso of Represontatives of the Unitod States Leid that the fach tlat ou of fta members belug eleeted ut o timo of tho Fresidoutial cloction was Iportant s Justifying tho clectlon, altlougl the tne un live of electiou lisd not as {o such member of Conjirecs bren defued by the State Leglslature, (M(Craty on cctlous, Sec. 176) ~And tnemubers of that Houss Lave bren sdiintied when elicted without . pravious dizuction Ly tho State Logialaturo as o the tiy, biaco, d maunor of holdiug the clection, It fu this se it da iy advice uab tho Jegul Toquire. ments ementlal ta produce falruess fn- the telections should Lo found au oue of the leats, in care he Comtnou Councl aball Lejan far ot {he oplaion thiat the clectors wero entitled to ‘clecta Mayor as ono of the reqular and fully qualified city otlicers under tha 0w clisrier o to proceed o canvavs thy vob 1 reapoctfully auswer oge part of the fliird propouniled 10 me Ly Asying tuat thy Co it will_ax T think, ba juatitied {n canvas, cast for Mayur at the tacens election, To the othier brauch of tha sams question, tawit : Had the poople a right to volo far that oflive at tha clection T I munist sky that {t invoives & groat prine ciplo of putlic polley, aud tho Hnal judicisl dotorm, Bation of tue quastion, if It shalt ever bo o detormii. od, cannot perhaps ba' confidently forutold; yet my concluslon tiow ia that it waa At and appropitate 1 Bold an electian fur Mayor at that tiiue, Thia optuton bias beon repurod as the resnit of the exumlnation which 1 was anvited to make, and 1o which 1o yersonal conslderation or political colmilerae thon Ll fu 1 ke in rowmark o fudicats g tiat T wished 10 give sb opinton that wouid be fi1e peraunal; with the kindest feclivgs, hiowerer, for butl thie Teprescutative et who will stand befure s puis lic fn caxe of o cantest ou thia subject, aliow s alro toexpres the Lope fhat wuy such contoat, I 1t by found fuovitable, will bo cunduicted to a right doters stiation, vindicallug tho law, while pressfving e fule fatio of tha coutcsluuts &3 well wn Luat of our vliy, THOMAS DENT, THE HION, J. N, JEWETT'S OPINION. Cutcano, May 8,—7he ton, . hronp and others, Aalernien-ecct—UENILEMEN : Tho guestious sibuiltted Ly you for wy uplnion relating 10 the pross ent complication {u the oilce of Mayor of Chiago, aud accompanied with a direction to nsaume thai cancy exfuted fu e oftics of Mayor prict (o the greueral vlection for eity officers liold i ths tihd “Cucadsy of April Laut have been consldered, To sucly su ansumption, as watler of law aud fach, 1 cuonot agres, 1% geuoral incarporation act for citles, towus, aud villagen, pasned by tha General Assewbly fu 1%72, and adspted as tha orgasio law of the City of Chicago 1n the spriug of 1473, sxpreasly provides that the ofscers of cltios in oicoat the tiuw of fue adopilon of that act should contiuue in ofiice, or should perfurn: the dutiea of correapoudipg oticers uudur the Law, untit their yuccesrara should bo elected and quaiitied. Tho queation uion Couu- the Yoles adoption of that act did nob, o wy Judg- ment, operale to extend the term whicl any clty oficer had boen elected; but thy provision referred to preveuted & Vacaney i the city offiees from ocenrring, eilicr Ly forco uf the adoption of the act aud tho cotse.quent rupeal or susjeusion of 1o oid charter, or by tha ex- piration of exiating tvrme, Uil succer hould bo od and qualitied, 'Tha provielut 1 a tuual oo lu cial charters wud 10 general laws, aud, bu far a0 [ st aidviued, bas always boch condrucd we Laviug the edect alove arcribed 1o it Bee, 1 of Art, 1. of tha act of 1874 contuln taily, e same proviawn iu relathon to Mayors vlectod utiler tiat law, i the Colaviug worih; * o chicf exceutive otticer of a city eball be 3 Mayur, wio shall Lu & cltizen, oo, end boid Jds oince for twe Juare, and UGUE did suecasur 38 electad and yialis Hed, * LA atucilar provision wes coltwined 1u tho oid courler of Gubagni o fuat, by tue combiued gpera- Hon of hotl iho eld wud (he naw isw, the Alayor, duly olected, guanpod, a0d ading s such ab the (hwe of the sdoptiun of the new Inw, would " pighifully contluus to hold aud porforn tho dutles of thit 0ilco uutll the alection aud nualife catlon of & wuvceasor, if bo snoukl chuvanio do su ; aud tha neglect af 1hw peaple 10 clect » successor it couvert (ha otticu tnto ona for Mfo. A vican.y, thute fore, 1a thv unlics of Mayor was, not conated, sither by {Ue Audopion of 1na act of 1574, OF by the exjiration of e terw of oitice exwtiug sk tLo1inio ol suck adupiion “Ihis view of the law waposca of une of thie question subuitted, vie: “Cau the Couucil leck ono of its tuezubers o perforia the dullos af Alayort™ ‘The pow- subatan. erof the Council to elnf acting Mayor I, in my Judgment, Hmited ta the casa of & varsncy in fact, Wuich oy hapuen by the death, resignation, or re- moval of tha Mavor, of In such otlier way as ihe law may provide; Lut clearly & mera failure ta eloct a suce ocaaor duca not prodice AGCH A VACAKC The othier quertians aubmitted are of mnra dificulty and imuarteuse, snd are n substance e follown : L. 1138 tha Councll & right t canvass the return of ¥nte cant for Mayor at tha last manicipel alection, des elaru tha resuit, and after dan gualifzation trcochize Lt p reon receiring the highest aumber of votea an the rinlitiul Masor of the city 7 Can the Council eall a‘'spectal election for Mayor 7 Tle facta ataled, 3n & biata for sn opion i antswer irien, aro that the genaral City Incorjora- tile Law of 1672 was_ adopted in Chirago in that the term for which Mr. Colviu wag the oilice of Mayor exyired may, in Doa that the Comtnon Couucil negincted sud refused eitlier to call a specal eloction for Mayor or to deniguate tha Mayoralty asone of thenffices 16 ba filled at the kenerel municipal election Leld, and by thn appmted 1o be held, on the third Tuenday 0" thiut notwithatanding such neiglect and 1 tie part of tho Common Coune Muzor, to b voted for af that ity Wan tiade Ly 1oth political purtios, and by n i canveution, unicsously attanded, of the yolors of the (ily: that'the Luct that &n eleciion for Mayne wwak 0 o tinkd on that day waa generally known aod underataod, and tlat the elechon wan ienerally pors ticiputad 1 Ly the vatars of the ity : that fully threo- fouttis of alf the voters voting at that election voted fur A Mayor; that tus 1wfozinatiou respectiug the aloc {lon for Staynr was a8 wides,.read as that fu Foapect to any other officers ko tiad, If any citizon fullod 10 voto 1oF Mayor, lie diil 80 a8 3 watter of choi: ¢, and ot boo enure L divl not know, of Ly the exercise of otdiaary diligence conld nat kuow that an sln:tiun for Sayor v WAS IN PEOGHLSH, Fitnce the rabmission of theeo nquiries T bavo not Fad autlclunt titma witloh Tcvuld dusois t the aubyact to caatile 1o 1o collect and sreauge the varons des eltlous of the courln bearing pon 1t, and aiall, tioros fole, cotitzut myself, for the proscat ot loaat, with & brief abstument of sich conclusions s3 se:m 1o rx 1 Lo the just and noceemry prsult of the Goustittlon utirl lawa of thy State ud of the muthioritios wulen [ (xmstued, when sppded to- 1o facta. alove e, 25 of Art. IV. of our Coostitation saya that Nolaw phiall be patsed which shall operate to uxtend tho terin of abile ullicar after his uiaction ur aj- prolntmant,” This 18 & Yery cliar constitutiomel prohibltion of the exien-lvi of oxiating o:ticial (eru by legisiation; and I am not prepared to ndmic that the Legisinture cau do that ine dircctly which 1t da prolubited from doing directly. It uthitr words, If the Loselature canuot by its. ow enctment oularge au oiicisl term oxiatiog at Ao tizne of tie paasayo of the act, bacause It in prohibited froin preninis any Law which whall have that eest, it 13 diflicult to unduretand wheuce it derivas fbe authurity 1o secompilali that probibibid rorulty fn any rooui. about way, or, fur Snstanca, by providing that tho act, actually passcd, absll take effact &t a futur tme, of upon o certaln continge Bat, for present jiurgones, it {s not mecessary o coutder s constitutional provisiou, for, tu° my Judizment, neltier th law of 1532, by ita'own Tore, or 83 0 consequence of it adopiion by the peopln of Clirago, stlempted o oxtend the tima uf any officer’ fn ollica at tha thao of such adopm tion, “The taw and {ta adoption elmply suthiorszoed #zinting oflice, vIz: tho peraons in ofiica at the tima of such aitoption, to exercins the powers, aud perforia the daties of similar ofices provided for in the law, until euccessors wbould bo sluzted aud qualifial, Wiatever they eowld have held on asa watter of right, notwithetanding a spocial election regularly beld ‘for successors, nud the qualification of jiorsons 80 elected Lo AUl their places, until the full eud of the term whlch they were orlginally and under the old cliarter elected to All, 4 not uow a materfal inquiry. For such apecial election was attempted, and, tuero. fore, by the oid and tho new law, THET WELE MONTIULLY, In tle excrciso of thelr respectivontlices,” Tt {nuseless, and, as it neemn to me, unsound, (o argue that the adopition of tho luw of 1872 by veio of tiie peulo ac- complished auything fu this regard boyond what tha Luw [tsolf proviuud: and the law id not uudertsko ta eularge or exicud any otlicisl Lirm, elther Ly Jta own force or by the force of 1ts sduption by the vuters of the clty, "Is only proviefons in thin regard are, that the perrona in otlice at the timo of ita sdoption slould coutinue to portonm the dutics of thelr olfices renpes {vcly until their successors werc ole. ted aud nualified, aud for 1ho purpode of preventing a vacancy in fact i tlicir ofiices untll they coild be iled by & ew clece tion aud to thia the Jeopie of Chicago Ly sdopling the Iawr asented, It was the right of the people then to bave such an elcction, st any rate alter, nd ai any time afier the expiration of the original'teras dedutely nxed by hasy for which siich ofeern had been wlezieas and ax duty is the correlation of right, the projur oficers, If tiig poople desired i1, whouid bave callad a special electivn for that Jrurpose. Whetlier geuwsaliy demired or not, o upecial election was ot called, nor wua auy attewpred 10 be beld ; nor was tho Magoralty of the city leilgnat- edin the notices olllcially given s ouo of the oflices to bo flled ut the general election for city oficera Dela on the third Tuceduy of April Laet: but, notwitie standiug this, on the lantnamed day an etoction for 3lngor Wax geuerally participsted i, under thu cire curustances befurs referred to, ag tiat & yalid elec. tion? Inmy Judgment it wa; and wy reasons for that opiufon, Lriefly stited, ara ihess : Thie firat nection of Art, 1V, of the set of 1572, fhen in forco in Chicago, provides tiiat ** o general eliction lln!l‘rm beld on the third Tucrday of April {u cach yoar. TOIS LANOUAGE IR INOAD TNOTaT to melude flis Mayor, who {s, unqueationably, a @ eity oflicer™ within the meauing of the Iaw. The term for which tho yerson {uen perforinsng the duties of that offlee) was elected had expired, aud be was sim ply bolding avd cxernhln&' thoe functions of the oflice untll bis sccesror aBould be elected and quatified, ‘e elociion was u peueral one for * city officers,” the time for holding whicis was fixed by law ; and in'sact carc, theauthoratics, o far ae I have been able to ex. auiue them, all ogees that ths omuesion fo give %L, ofuclil notice doe not vitute the oln-tion, wepecially when U fa generally undoratoal by tle people, in any way, that the elece tion {4 Lo Le held, il they oot upon that under standing and particlpats i (he rlsction, The veplect of officers, du_ this Taapect, caanot and does potde- ¥rive tho peaple of their right t bave the vlection, ‘I'he Blayor sivcted at that time v-ould only Liold the ofice tntii the nest regular day for the olection of Mayor, au fized by the second Section of the same articla, or unul R wiccessor shall be eiected aud Aualified ; In other words, the torm he would be elected to 811 would b for oue year only. 1f this ta ust vo, it would seci that any Common Couneil of the city gLt perpeluats itacif, the Alayor and uther electiye oflicials, by refusiug (0'calt an election @y their stic. cexiors; for thoy are all elected 10 spacial termn, and ta holl untif suceessors shiall be electond and quallfied, It followa from thir, necessrily, that it 1w the right of the Caumon Council to canvaus the voies cast for Mayor at the Last municipal election, unr to declira the reanit, and o roccgaize the praon ‘showit by the re- turnn to Linvo bensyclectod &8 e rightful Sayor of the city, upon his qualification fn tue projer way; aud, upon such qualilicativs, the rignt of ibe previous incimornts of the oflice o exarcisa the power and rertoran tho duties thereof, must, of necesaity, cex-o. "[l0 other question 13, perhays, already sutticlently anzwered. 10 the nowly elected Mayor aliall qual theru will bo 5o vacanvy {n tho oica to Le ilid by & sp.eciul election or otherwins, If Lo Should reluso to (uatlfy, (Lo uld Mayor will continteto boid the office, 1f the perion nowly elected should qualify and ror sigu, there would thien be a vecancy, which the Cam. mon Cuttucil could properly Al by un_ election of uuo of thielr owns nuwmber, Jouy N. JEwsiT, IAICKIGAN ITENS, oectal Dumiich to The Chicasn Trivune, Laxstxu, Mich., 3lay 6,—Tlhreo military companies Bave recently becn onganized st lonis, Lansing, and Mason, eud preparatioun for grand Independence culeprutions are bang made in Most of the tuwne b Central Michigan. Charlotta will devoto four or five dayn to caunon-shooting and oratorical display. Tue plinting of miemorial irees, £ requested by the Gov- eruor, waw generully indulged {a by both sexes,—the Iadive carefully selecting the atronyest spades und grulhoes and ihe hurlicat trees, sad dropplug a tear or two un the graleful soit, Williaw lartwiz, a Gerian, 51 yoirs of age, was Kiiled {0 Mead & Fiomiug's saw-mill, at Willinmsaton, on Thiraday, by falling 08 a cirenlsr uaw whila it wra 0 molion, TS lega ware seversd from bis body st the hipn, “Ho Jsavea a wife aud six ehildren, Majyor Tooker, in his inaugural nddreat, atated that this city's indeniedncen was §175,800, of wilch $39, 800 was for rallrod Louds, A fro at Stanton deatroyed six buillings, of the valus of $i,00), uwned by dessrs, Heuntig, siarmon, and Whitmian, o Tha examiuation of candidates for Wost Point, at Tliut, reaulted in Horaca Andecws, of tiat city bétug chaarn from & Large number of cuntestanta, A stranee force of hands 13 now employed st Mil- Ter's, on tha line ot the Culeuto & Lake Huron Rail- yeus, Lbvieen tts ity and Fliotg snd the conctar Wil Do gucreascd soun, whd disinibuted aug e v, : Ur, Thram Ik Menzer was arnated ot Westpha suuty, sl takeu to Deiawaro County, In arie al duider, in causing the desth of suan by e vsu of poleviuus drugs Lo pro- an acortiva, ‘Lroublo with Silver, The 8. Lonis epublican meutions some of the troubles that will fullow the new mouey ; ** Whou & wan waiks much the jusldo of Lis legu will b chafed raw. When less than a dollar is to o by il 1t will have to bo converted firsy Into postage-atampa. Wheu yon ruu for a stros-car wonvy will fly ous of your pockets at every jump. Whea you tell your wifo thas you bave no monoy she will say that you lie, for she hesrd 1t jioglo. 1t will Le diMoalt to pay & man a quarter by mistaka for a belf. When you sre 1o a hurry tho storekeoper will have to wolgh the coin {n Ly band and sound {t tweoty-tive tinca on tho counter befure he can delefmine wuother it s kood. T'he baby will swallow a dime a day, A boy with a quarter will lowo It in 8 urack iu two mmutes, from which no amount of coaxing with forks and chips can recover 1, Sleopy men will put buttons aud lozengaes into contribution boxes as of yoro. A Canadinan Saing, Tho Noutewu Monde announces with dno kolemnity that *the process ut beatizeation and cononizatlon of the veneable Mother Mue- gucrits Bourgouye, the memortal aud boly found- dross of ue cougregst.on of Aotre Dsamg of Sontreal, 18 wo s ternnatod.” Wasiouvou the Muntreal Wilness rewnrks: “ 16 sppears that the process of waking atuts an earyh iv sbout s loug wud tediviis us u Judicial treial, for we are told that twelve witngeces wors haard, and tho doomonta kent by Monsatgneur Bouruet 1o llome, containing, it 1w supposed evidenos of the saiutly woiks of tho decesawt unn, and form & volumo of about 660 pages. ‘U'he ubure-usns tloved ufcr informs us that Mother Boargeoys is the thet femalo saint ovor canonized belong- iog 1o the Cauadian Cuurch.” COLVIN'S MESSAGE. The Usurper's Greeting to the Counot Which Will Depose Him, e Rehashes iils Letter to the Demands of the People at the Exposition MasseMeeling, And Reiterates Tis Willingness to Makea Test Uaso Beforo the Sopremo Court, The following la an alstract to tho Bayor's messago, to bo deliverod to the Council to- night : The moat important subject for your canatderation 18 the condition of the fiuancos of the city, It haw beeu found impomibie to collect the tazes imposed for the vriliuary expeuses of tha city to Auilieisnt smountn {a meet the aanie without snti-ipating thelr rectiptan the Treasury, At thosame thine tals un- toward Coodithon of afiales s been spgravated by n dirporitson on tho part of s of the more upnient claaycs, sud on the part of Jarge corparationn, to com- bine b0 rosiat thie payment of any tazes whateser by resortiug to tachnical leyal quibtiles and ohjections thuy undeavorlng to atave off their collection ol tlune a8 noney becownes 1aore plenty, and cou- sequently loss valuable, 10 iLa ate decinion upon the queation of the liability of corporationa o tazation upon their franchises ax carital atocks, the Bupreme Court of the United Staten takes tho broad ground that taz-fighting, unleos sliers Da evidence of glariug frauds in tho sssesawment of the sawno, fa not inaccord with equity, Another cause of embarzasament o the city is the peralelant offorts of certain uthier tax-fighters, alded by {utluentisl newspapers, Lo Unpalr 1ts credit both &y lome aud abroad, Unon tho subject of cortificales the messago Bays: Certainly the rmost unezpected quarter from which an objestion to the fasita of certificaten {n anticipation of tazes ecould reasonably ba expected i3 the publie Juurnal the columns of which are coutrolled by tay Lrcdceeasor in ailice, ‘(iat persor bequeatlied to me, Brst,of ubasailsble aasets,tax certificatea to ths amount of 1506,00; recondly, coutractor’s vouchers, whicl biad been drawn upon the Consptraller by the Board of Putlie Works, snd unjald, amounting to $300,000 tird, sburtags 1 the treasury in_cousequence of M; Gages defulcation, anouutiig to $500,000; making total of ever 41,5000, Thua I fouul a epleted ireasury and a clty alnost abeolutely baucrapt, Obviously 1 was compelied 1o borrow in anticipativn of tho taies, or sliow the paper of thaclty to go to protest. I was compellcd. to contiaun “the fssus of my prodecessors cere tiicates for mwvcral very polent resaons, Eirat, Ifound large swmounts fieued by him rapidly Lecoming due, aud with 1o visibie cash means witht which to meet them. Second, I could not pay the current eXpenscs of 4o city out of a tax levy which in never collocted unlil for months_after it in made, Consequently, I could not otherwiss have kept the fire, policc, lawips, and scliools of the city in working order, Third, I would otherwies Lave been compelled to et $167,0% {nterost ou the bonded dabt of tus clty go to Ppiotest, The late Council reduce the annua! aparopriations anked for by the yarious Hoarus over $1,000,000, The #slaries of all the prominext city employes were ro- duced 10 per cent.~ Those whom tls Isw protected from the operation of such reduction voluntarily sut- rendered tieir legal claims for the Lenefit of tha city, CITY BALANCE-KUEET. From the folluwing fgurcs you wiil obtaln a fair 1dea of the present tinsuctal conaition of tko city : Trenent bonded debt of the ity ¢ Munieipal bonds (including achool, tnn-. nel, cle). Bewerage bonds. Itiver improvement bonds Water loan bonds..,.. ... Tetal boaded debt. Certincates o judebte; Jan, 1, 1870, 0y eaes 1,110,362.60 d since 2,27452.00 1 3,479,007.12 , 1376, a» follows Jao. 1, 1836, Ceititicatus of this cate. Taxes collected since Jau. Tazes of 1860, Taxes of 170.,., Tazes of 1! Taxed cf ] Taxes of 18i Taxen of 183 Taaes of 167 $ 1,545,002,92 Tazes outstanding this dat Taxes of 13 +$ 103,080.00 ‘Taxen cf 15 17180, §1,466.08 b The Iaty Council paraed an ordinance, yrepared by tlie Comptroller 1n accordance with the iegal optulon of the lon, Williamn K. Mcllister, in the cace Of the Board of 1ublie Works va. Jlayea, Comptroller, under which the Comptroller snd wyself bave no duubt the city can barrow ail the muney it requires fo anticia ton of tke collection of tazes, Tuis opinion entf: 3y relleves us fram those legal tochalcallties and quile Dles ratacd againet the legality of onr loans, be tinanc fal condition of fhin city at this time, the Comptroiler baving perfected Lifs system of reventio warrants in sccordauce with the deciwion of Judpe cAllister, 1 Jook upon us uot atall unfavorable. ' I 1T0f0%0 12 1asue to all persous entilted to payment on the city roll, as prefer to receive themn rather than Wit for {ncome from tases or loaus. Ly the city, revee Due lima certificates, cr warrants, boaring {nierest, weich, if B0 obntacle oc:ure, will be ready for delivery aturday nest, Lith fust. “The General Jlevente law. of the Htate 1 eeriously tive, and necda swendment, espaclally fo cottie of thiothird claw, 1 have o doutt that the sppolntment by the Conmcll of a standing commities on tazatln would he & move ment in . direction producnive of much beneft 1o tho clty, Buch a commntice could covsider dextrabla amendincuts tuthe Law, and lay the Ao Leforo a ke comnuitice of tuo State Logislature, T fear taat tue caty cannot look for permancut rellzf from tho present ue Just spportionment of the burdena of taxation to tha Tirescnt or nny future delegition Teprescuting Cok Couuty at theState Capital, for the renson that mem. bers of the Legisiature ace, {or tho most pazt, elected Ry partisaun, not as legielators. ur peojfoars ulrcady heavily burdensd by nation- al indiroct tazation, ani showid” ot be erused by dis to t loral tazation, payable at a moment's uotice, ¥or tine reason 1do ot aee aby reatonable objection to the Council's authorizing the County Treasurer to re- ceive the roul estate tazex i two or ibres fustallments, thereby axtending the time of payment, aud, to voms oxient, removing the tewptation fo the smyloyment of taz-tighting lawyers in order to stavo ol for ous or twoyears the pLayment of justtazes byappesliug to tho "Supreme Coitrt, 'This” proposition Is uot forbid- den by law, and might Le pit In practice beforo (ha County Treaaurer adverslaca the delinqueat resl eatate taz-list for 1575, o cost of callecting the direct city tax unier the General Jvenus law is eurnious, and shouid Le largely reduced by agreement with (o Town Doarda aud Town Collectors, ‘Tids cord reachied a3 hiah us 3 per cent o the personal projerty taz of 1975, It fa virtuslly tho wlsappropelation, even plunder, of pub- lic revenuo, d 1l FALOON LICCNSES, Tar of the opinion tuat there should be a classifics tou of walson-licenses, The keopers of mammo: aiablisliments which ate asauming such proportin: du our city ought fu pay ore tiin the keepers of small groveries, who retall by the piut or glask to ne- cotmiodate funiilics who buy of them their dafly sup. plies of grocertes and provisions, The city Lus full authority to regulate the sals of Yiuous or spintuous Tiquors aud peet, #nd whiould establivh such rates of licon, t muy deem just, equitable, sud axpedivnt, gl would recuumend the commencensut of work iyou the public Wlldiuge st mwerage, for which appropriations have Leen wade In the tax lavies of the 1ast two vours, at the carliest practicable moment, 3 pould reroumend this, It for no othier rvasons thad in viderto giva employnient lo our tdle but wilting Iuborers, ani to take 3dvantage of the precout low pricea of building materdal and ratea of wages, PUBLIC UUILDINGS AXD) EWERA(E, ‘The meussage cuntaing atutracis of the renorts of the Law Dapartment, City Collector, Board of Publio Works, public schools, Publio Liprary, llealth Departinent, Fire Dovartment, l'olice Department, Houds of Lorrection, Uity Phyai- ciau, Buldig Jospector, and Gua Lispoctor, smmmaries of whose roports have aiready spposred in Tue Trisune, UL FosITION, It then concludes as follows 1 1 lettr writien soma tima since to & committes of Rouuswen repiesenting & clitzeus’ Hmasa-meeting, 1 100k ¢canun 10 ineation the names of certun guntie- mien WLo were cugaged in fightiug tho paywent of thelr taxea as atrenuously aa thoy are eudeavoring to furce the Board of Public Worka to make outlays for improvementa for the begsnt of partieular pirves of roparty owned Ly thew, sud on which Wiey owe arge aniauuta of tazos. Home of thess genilem have sinca published cominunications over thieir aigu fininy that they du not owe sny tazes. Nuw, thess commuuleationa ure atmyty deceptions,uieraly ine tanded 10 thraw dust in the wyes of Lthis gencral public, ‘Iliey have not paid thmr taxes, certalnly, If thoy do 0t Owo them nuither does man owe wir honest debt ths paymont of which ba cndeavors ta delay or avoid Ly lekal evasious. Othiers of thess gentlomen asmert that £ biave hibeled then fa this charge ; but the teuth is that all the geutlowon mawed Ly 1 in that lotter a8 owing taxes o Lhe cily ate recorded se wo owing thieni on thie delioguont tax-list fy the Comptrolier's ofce, 1f tha Tecord 1a not correct 1t fa their Fight and privifede to Lave it smended, 1tk atide Ly origiual propositivu of reslgna: thun, 1 o8 those “geutlemin fax-fighters il delitquents whiall d=poatt i1 tus Tressury (e surms for which thiey ate @ |uitabiy aud (1 Lelieve (ke cotvta wi.l duide) legally 10 lew.cd 1o tow eity, T bl iost chiesr- fully plive wy Feslguation 10 tie baode of the Clty Councll, 1 Jo uot wish Lo occupy the office of Mayor of the Clty of Cllcaxogualess righitully autitiod te do 10 uy- dec the law, “A%d to the e (hat the gentlemen who aro opposiug rae under he preteuss that I am s usurper in tke eMce 1aay bave snother opportunity of teating the fegality of ‘my mlm,lplflmuamtm thatan agreed cane e fads, embraciog all thy posuts iy contruverey, aud that it hw submiited tv tha Su- iweine Court ab ita uuat sitting ab Maunt Verson Yinvnexte 11 tho care i docided agatnet- e 1 aril chearfully yleld up the office withaut suy fartior con- toutivn, 1f this proposition is soospted, ihe whalo rustter can be nlupcul of within the naxt thirty dayn, In the maintime, wll complicatians with reapect Lo ¢ government and fiusnces of (ha clly can Ihare! avaidod, “If ft 1s rejected, It will thyn be for m."’m? ple to dotermine whether the opposition of thess gon. temen proceeds from & patriotio desire A0 serva fh welfars of the peopis or from s motires wad abjectn, - or® PereOnal 4nd pun —_—— BLACK HILLS. Cuxrawng, Wy,, May 7.~A. 3, Parsbal brought & thia city yesterday from Custer $1,000 in gold dual, AMUSEMENTS. MWOORMIOK'S MUSIO HALL, Grand Conoert (Cotuplimentars) to MISS KATE P. DOUGL. Monday Em:ln.‘.x nl;z .sl :‘l' 'u‘ ."’ 1. TII0—0 Minor (Plano, Violis, an Hondetasoha Andunte Ppreusivo—Fanls, Mr. Wolf, \ 3 a 2. Y QUELY, ”""fl 'B"""‘ s enthu 2. 0 MIO PERNAND( o es ‘B € ANDANTR Pro the Gorsnia for Violln, e \ 5. 81X KOOI Lewls Me, Woltuobia, a Fa bllnktder Fia + Wie'cine favet, Ich biatsa cino Nachilgall, @ Dor A, © D bist wie cian Blum Din Waldtoxe: o DO ien o $iss Davgl 7. PIANO FORTE. {3 W, 8 BARCAROLE~, 9. VIOLONCELLO Souvenir d'i 10, QUARTRTTR V5200 guct Fieen Istante,....Costa Mise Douglas, Mra, Johuson, v, Baras, Mr, Fairman, ADMISSION, $1.0. ADELPAI THEATRE, Mondsy Evening, Msy 8, the Grest Evontof the Beasou—AN ENTI KECEANOE OF BILL, Miss KATE RAYMOND ill Appesr ax MAZEPPA, Introdtieing her Arabian Iforse FALCON, Bupported by 0, B. COLLINS and the Dramatlz Compunsy Tirat appearance of thn Greateat Gynunsta in the World, te renowned LEVANION DROTLERS, The Charming KLEIN SISTERS, Re-cogngement of JOLLY JOIN NASIf, EMERS0X & CLARK, and DE WITT COORE. Matinces Wedneadsy and Saturdsy, Ladies® Nighte Tucadsy and Thuraday, Thelowest prices in the city, Brs. Johnson, Ruetorma ..o Radows Ci Woitsaho, | L ML HOOLEY.... ... 5 PARALLELED SUCCESH, HOOLISY’S MINSTRELS A PERFEOT OVATION ACCORDED KIGHTLY, AN ENTIRE OHANGE TIIS WEi Newcomb's original skotch, entitled WEET- HNEARTH," By Bobby Newcomb and tlie Orest Bar. pazdo, WHICH I8 WHICIL" My John Iart, Dilly d Brockway, * LITTLE MAQ ESSENCE Llles Banjo Boion by the Champlon, E. M. HALL. Drum sud Youe Holon by JOE MACK. Double Jig Ly MUR~ PHY and MURTON, To coneinde with Newcomb's Oriyrinal Bketch, WHO WROTE SHARSPEARE. Chare acters by the Entirs Company, AMatinecs Wednesdsy and Baturday, MoVIOKER'S THEATRE, Monday, Tuceday, and Wednesday Nighta only, MAGGIE MITCHELL Tu lier great npecialty of . ANCELCOIN, Bupported by Mr. WM, HARIUS and her own eom pany. ‘Tuucwdny—Fearl of Savoy. Beturdsy—Magylc altchell Jatince. In active proparation—Lorlie anc Nanstto, HOOLEY'S THEATRE. MAGUIRE & 1] LY WILL E. CHAPMAN, Alausger Firet appearauce MONDAY EVENING, May 8 ani each st thereafter, DALYS FIFTA-AY, THEATRE COMPANY 1o the bit of the season, P E O TT IR BoxSheet open riz days in advance, Matinse Wednos: day and Batarday, Lessoen WEAT EXTRACT. FATTENING ! INVIGORATING ! BARON VON LIERIES LIQUID Meat Extract. One wineglass containing the nutrimont of one-half pound of ¥'rosh Beef. This is tho only Extract ready for use with &1l the benofits of the solid extrach without itansuseating effocts. Confains only Pare Sherry Wine and Beef, Indorsed by all Prominent Physiciana, CatTiox—~See that the Liquid Extract is in plat bos Ales, whito and gold Labels, PRICE, $1 PER BOTTLE, Al DnraotiTs, Grocens, and Horzes bave it U, §, DEPOT : C. ¥EE. EVANS & CO., 107 Walnut-st., Philadelphig, Pa. WANTED—Wholerale Agents, Applications only re erdved from reliable Wholeasle Ilouses, —————— STOCKHOLDERS' MEETINGS, Ofee Chicago, Rock Island & Pacifi R, B, (9, April 24, 1878, The Anaual Yeeting of the Stockholders of the Chi- eaito, Rock Inland & Uacific It K, Co, far the clection of Directors, puranant 1o law, and ihe transaction of such otber buziacss as may cowe beforo thom, will be lield ot the omice of the Company fn the City of Chi. cao, ou Wednesday, tha Tth day of June noxt, at 11 o'clock a, m, JOIN F. TRACY, President, F, TOWS, Becratary. CHICAGO & NORTAWESTERN RAILWAY CO, Aprit34th, 1836 THR ANNUAL MEETING OF ik STOGK- holdors aud” bandbolders of this cormpan, - fos i eloctioaof dircctors, pumusnt o law, ana or tho teasas: ton of ather husitiess, will b hofd at the oMice of the impany, 1n Chicago, bn 1HUrsdaz, 100 1at of Jase nests : p. . Tiunduaiders will aothenticate thelc right Lo vots by nrosonting thelr votiux Lunds at tha oilico of the comy No. 82 Wallat., New York, for roglitration, o oF . rozimo, M PIRURRRT KREP, Presidont, M. L. SYKkS, J 'MEDICAL CARDS, DR. JAMES, Lock Hospital, cor, Washiuzton & Franklin-sts, Onarterad by the ¥tate of llilnois for the express pure e of giving unmedinte nllof ho all casws or private, ahronic, sa uninary diseasse tu all tialr camplicatod forws. 14w well known tost DR, JAMKS ‘has stoed st tue uead af th Aveand experienooary allluporiaat, newin Wenlneas, Rignt towees Ly dreauss, plinplos va the face, lust w Luved, can positively be cured. 1.adia:waniing the del yguiion, eul orrrits, Blessias ume for 8 tents, "A Lok for the million, Marrace Guide, whioh folis you all about those dissascs—woo sanala_ warcy—why Bot—10 ceiits 1a aniox has 30 rooins sad varlurs, Xou sue ug . Jauies (g siaty yuars of aeo, Consultatton nd Invited, Omoe bours, §a. m, w7 H . wilam Al bustnasi atrictiy cootidontis DR. C. BIGELOW, 83 WEST MADIRON-ST., CBIOAGO, ILL, Can to consulied personally, froe of charge, om ail Chronic, Boxual, and Nervous Diseases, Pamphlet, 34 pages, on above diseasea vont to any sddroas for twa 3o stampe, Nooins separate 'u6 Indios snd gontlemen, MARLIAGE GUIDE, OX ATHOLOGY, 204 1ages, Iarge aize, containing sll that is worth knowlnz, sud mwrich that 4a not published fn auy other work, Trice, 30 cents, A NO CURE! D K NO PAYIL T. Aean, 175 South Clars-st, corner of Hoaree, Chicago, i by o e e vas dmage T Gl frag ot charee ouly phyaiciaa it 1he 0ily WUD Warrsals curss us uo Ullcw Buurs, ¥4, 9. L0 80, W, ; Busdags Irom 3 4old. Ch Te Cousulustivn fr ersonally or by all, A buuk fur bt cnt avaryWher, ud irculats of ullior things, saut soaled for'twa st i, B, will prave that Lir, 8ione ls the only ) cialist in Cbicagu whe gular graduate Lu mediotul X HAUSTION~A MEDIO, &t saries uf lactores duh‘l’l‘l\i‘ I'Al&fis l¥ oo, shonins’ b pcaisy’ B2 ears TR X wined, ‘sllordfhe & clusr asaopass ot Lis ERVODS af th s sad L0s treatment of servous a phyuis the ol W 5o " q . Add e Dt i, e el Ao M SOl 0%