Chicago Daily Tribune Newspaper, June 6, 1876, Page 7

THE CHICAGO HE MAYORALTY. T/ho Judges of the Cirouit Court Pronounce Their Verdict, 1t Is Deelded that Toyne Was Not Elected Mayor. That Colvin's Term Espired in April, 1876, And that the Council S8hould Have Oalled an Elec- tion. Judges Rogers and Williams Hold that Colvin Is Stili in, And Booth and Farwell that Hoyne Was Elected, What Hayes and tno Others Have to Say About It THT OPINION, JUDOMENT AGAINST HOTNE. The declslon of the Circult Court in tho Colvin- Tloyne quo warranto case waa rendered yesterday, 1t f, In brief, that Hoyne was not eleeted Mayor, snd has no right 1o hold the ofiiee; that Colvin's term expired on the ndoption of the now chiartor; snd that the Connc!l ahiould have called un olection for Mayor. Until such elgction I called and some one chosen, Colvin remains in office, ; 1t {a credibly rumored that, on tho first polntof tho opinton, Judge McAlilater, who delivered the opinlon of the Court, ls aurtained by Judges Baoth and Farwell in holding that the adoption of tho new chartor April 23, 1875, extinguished the for- mer law, and with it the term of office for which the Magor had been elected nnder that Iaw; ond that the Mayor continued only as nuthorlzod to porform the dutles nf the office ad Intertm, and that from the ndoption of the new charter a vacancy oxisted fn tho ofiice. On this polnt, Judges Rogors and Williams disagree, and hold that tho term of office ivas extended till 1877. On tho othior polnt, Judges Rogers and Will- fams ngree with Judge McAllister, that, if there wan a yacancy, a8 determined by the majority of tho Court, it could only bo tilled at n geneeal clec- tion or am_election called by the City Conncll pur- suant to the charter, and that no call waus mede by the Council for such an eloction. On thia point Judges Booth and Farwell hold the election in 1870 to be good, motwithetanding the statute re- quiring the general election for Mayor to be In April, 1873, and evory two years thoreafier, . In thin way three Judges ugrce on half the judg- ment and three on the other half, tlie result being a decision that neither Colvin nor Hoyne {s Mayor, Uut that Colvin has power to exercize the dutics of the ofiice till somo ane s elected pursuant ton call of the Councll or at a general election- in 1877 or soine other year of an odd number, THE MAJORITY OVINION, mhich la weitten by Judge McAllister ix as follows: This |s 8 pruceeding by information in natare of quo * warranto instituted by larvey D. Colvin as relator, agalnat Thomas lloyne, the’ respondent, charging {ho Intter with haviniz usurped and intruded him- pelf into the ofico uf Mayor of thu City of Chilcago. TIE QUESTIONS RAISBED upon demurrer to relalor's replication. The plead- Tiiga aro unuecessarily voluminous, and we shall not attewpt an analysisof them, The material facta 2re few aud free from complication, = At a reguine clection _under a furmer charter of the cllx. lield Nov, 4, 1873, the relator was duly elected Mayor, 1li terin of oflice was two years from the lstdoy of December of that year, und unti) bix succersor was elccted and qualified. ' On May 3, 1875, raid city beeamo rc-iicorporated by Virtue of an olec. tion under a gencral law of the Stute, which went into farce July 3 1872, My Sec. 3 of that act it was provided ua follows: **1f 8 majurs ity ot (o Yotes cast at sich olection whall be for clty organization under the gencral law auch city sholl thencefortl by deemed 1o be organized under this act; and the clty ofiicora then fn oflico shall, therefore, exerclas the powers conferred upon ltke oficers in this act untll thelr successora are cleeted and qualitied, ' The position was taken Ly couneel for relator, inargument, that by force of that provixion of the act und others prescribing tho time of election and term of oftice for Mayor, tho relatur, who held the oflice at the time of the reor- ganization 1 May, 1875, husconferred upan him o torm which will 1ot expire untll 1877, "if this po- gition 18 well taken then it would follow, of course, that uo Mayor could bo legaily elected in Aprily 1470, without the previous rewlgnation of ralutor, of which there 18 u0 pretenye fu the case. 1T I8 THE OPINION OF TIE MAJORITY OF TII count, including the writer of this opinion, that that po- eition ls not tenablo. Afier a full and carelul con- deration of o}l the provisions of the statutca of 1872, we ave brought to thero conclusions: that tha Vote to reorgunize under that aci, Ipso facto, wiped out the term of Mayor.under the et of 18063, and it §5 upon thia gronnd, although tho torm'of oMce ander the act of 1872 n in_duration the same under the charter of 1EG3, yot s coms mencement and close are ot different pointe of B3 the o1d charter tho torm beghs on the of Decombor, whareus, by Scc. 480, of the law of 1872, it la prescribed that: **A gencral clection for city ofiicers shall bo buld on the third Tucsday of April of cach year," nud by Sec. 40 that ‘At the general clection beld in 187 und . bienntal therentior a Mayor shull be eleoted in cach city.” Theso provisious aro clearly Inconslstent witli tho st of 1503, and by the cxprussed declarn- tions of Sec. 1 of tho act of 1872 are, by the latter, reponled, and thero s nothiug contalned fuany otner provision tending to show a contrary inten- tlon. 'ho oico of Muyor s not a cunstitutional oflice; it in like all other offices of a municipality, TUE CREATURK OF THY BTATUTE, and the samo power which made can_uninske or deetroy, Whilo the lerm under tho former act wua Dy tho reorganization brought o a period, here by nothing in the stutule of 167: whlch, in the opinlon of the mnjority of the Court, “can by coustruction Le bield 10 operate us o statutory Investinent of the Mayor In oflce at the time prescribed by the net under which the new Incorporation wae afectes Dy the lutter. The term of tho ofiice of Mayor ¢ niences from tho duy of genoral elsction in_April, 1873, und in every two years thereafter. Tho re- organization took placu in May, 1875. Now all there Is apon the subject are the” bwo llies ab th closo of See, i, thus, ** Aud the city oflcers ¢ in otice slall theroupon exerclu tha posiera con- ferred upon llke oilicers under this act.” How Up to what thue? Until the uest general electiontor Mayor 1 Noj but ** Unti} tholr succes- sornuall bo elocted and qualilied. " ‘Chis, inour view, means until n puccessor by elected and qualliled under any powcr or autborlty conferred by that act, whother for a general or spectalslectlon, "'ho Mayor In oflico at thu time becomes a Muyor Tacumn tenens, a8 much aa i the provislon had wald tho Comptrofler then in uftice ahould cxercise tho awers und perforin the dutics of Mayor until the uyor waa clecied and qualiiied. TIRE BESULT OF TUIS VIEW 13 that tho term aw such of tho ofiico of Alayor pre- scribed by tha act of 1672 was not flled by the relator—ihut bo bad no term, is term for which howas elected was brought toa portod by the r organization, and the law which creatod it repealed by tmt fubure, and the law undur whlch it wan accomplished, ' Ho was nevortheless anthorfzed to exerciso the powers of the ofiice, by the mere forco of the satuto, untll hls successor wis clected and qualitied. ' Buch a declurntion fuplics, of couree, that u successor shall bu lugally elected. From this view i follows—and a majority of tho Conrt hold—that, from the thus of thu reofgantza- tlon in May, 1873, there was s vacancy us respects the term of the 'Mayor prescribed by the st of 1872 And wa aro now brought to the maln que tlor, To thin case, Axsumbiy that thero with a vi cancy, was tha supposed election of the respond- eut, {n Aprit, %0, under the provisions vf the act'of 14722, and the circumatances set forth In the recurd, a Jegul election, or waa It altugethier nugs- tory and vold, far want of the requisite tegal un- thorlty to hold itY Iu determining thesy quustions, wo start with thy assuwpltion that there was & vi- cancy, ‘Then, It way by waked, what dificaltics du ybu find in'your way to the conclusion that thy slection held In April, 1§70, whuu the roy pondent way the only candldate, was legal aud valldr We answer, many and fustiperabls ditlculties, it the Clty of 'Chicign is 1o be goverued by law. Bect, 16 fx_us follows: % Whenevor s vacancy ehult hnppen ln the oliice of Mayor, when the un- explred term bl Le one year ‘or over from the ate when the vacancy occurs, it shall be filed by au election.” If, therafore, the vacancy occureil, s a mujorlty of the Conrt hold, ul the reorganizas tion, and takiug Inte conslderation the tgrim, au preacribod by tho act of 1572, the uncapired tenm Was over a year, and could bo flled, especially While it reianined over a year, ouly by ao election, Bec, UL ceadu thus: **1f there ia & falluro to elect any ofllu.-r herein required W be elected, or tha crsod olected whonld fail to quality, the City ouncil or Buard of ‘Irustees may forthwiih order A uew election therefor; and In sl cases when Receusury fur the purposcs of this act may call speciul dlections, sppuint judges and clerks there< fur, cunvuys the returms thereof, awd provide Ly ordinauce for the wode of conducting the sume; and elall give notice of such spectal election, I which shull bo atated the guestion to be yoted ups o1, sad cause wuch notice to by published or postod l‘mme ssine len, vu‘:i.‘al (}Amu snd I'n the same wan= a8 fa required fu the caso of a rogular slcctlon i wach cities or vilages,” Now, tustead of the City Council ordering or calls it such an cluctlon for Mayor, it exprossly retastd to du #0, aud in thu oliclal notice of election for the geueral clection In - April, 1870, at which the hpored election of respoudent waa L, o oliice aygr wus not fucluded. Ho that the question hlnfl salssd, whether the election of respuudent Apell, 1876, witbout any ocdar, oF cll, or potice H annusl emanating from the City Council, (a or can bo hold to balegal, A mn}nrlty of the court, {ncluding the writor of this opinloo, UNIESITATINGL' HOLDS TIIAT IT 18 XOT, The substance of the whole mnttar {s this: al- though the rolator wan elacled under atatuto which prescribed hia torm of office Lo ba two yenrs, to commenca on the 1t fln( of Naecember, 1874, 7ot by tho siatutn of 1172, 1f tioro wan s majorlty vote [n favor of heiny |I|€II|TDIAIL‘I| undor that law, upon & legal submission Lo the ciectors of the ma- nicipality, hia term, aa rmnr.rlhcnl by the former atatute, terminated; and theroafter he exercined {he powers of hinnMce only by virtue of the Mat- ute, s term by the furnier statute was gone and he hnd nouo by the new. Tho Gity Counctl hod the right to order an_election to 0l the nnex- ‘||rcll term. Inatead of dolng g0 they expresaly re- nred, and the recpondent waa elected at a general cloction, without order or notice from the City Cauncil, Now, what In the legal rule appilcable t much a cane? Wo understand the resuit of the nu- thorities 10 be this: If the law provides for an elec- tion, und fxea tiio time, then, uithough it may im- pare npan certaln oflicors the duty of glving notices, wtif), I not given, tho thme being dxed by law will Tio rogarded aa sufiicient notices, and the eluction wliil be held valid, althaugh such officern fall to glve the notlee direcied. Such, howave, fa not this care, The Iaw, a0 far aa it fixcs the Ume, duen ro atanoter and' diflerent time from that at which fhic eloction. of respondent touk place, Tt i true that the 48th sectlan declarens ~** A geacral elec- tlon for city ofticers shall be held on the third Tuen. day of April of each year." There wers city ofti- cers to ho thon elected to wrhich that would apply. but can any nnl»re)udlcm mind conclndo that that scction fixes the time for the clection of Mayor? hy, tho very next section says: **At tho geriera electlon el Tn 1671, and bichuially thereatter, n Mayor shail be elected In each city.”™ "There is not a clause In the statate which CAN BE TORTUNED INTO TIE EXPREBRION that 1t & vacancy occnrs in the ofiico of Mayor It 1way be filled ot the next annual election. I auch vacancy can be flied at all I){ an electl only under Sec, 16 and 61, Ser. V4 \Whenever o yacancy shn)l happen in the oflice of Mayor, when the unexpized teri ahall be one year or over from the date when the vacancy occars, it #hall bo filled by au clection, Then ta take the casc but of the category of 8ec, 49, which provides for biennial electlons dfter the general or April election of 1873, coma the pro- Vvisions of Eec, 01, authorizing the City Council to arder apecial clecttonr, and prercribini the manner of doingmso. lere, an In a vast number of other instances, the City Conncll s invested with a cer- tain amotint of discrotionary power, Thia function of ordering or calling a spectal clection, 1 exer- cleed, in o part of the sovereignty of the State. It has leen conferred by-the Stute upon tho body known oa the City Council, and UFON NOBODY ELSH, It has been given subject tocertain restrictions and regulations, It thercfore can be exercised only by the body and substantially- in the monner pre- reribud by tho act from which alune the powet Is derivad. The elcctorn of Chicagu *+ ..7ge have no miore authority lo excrclae L thas voterant Iarge of Cook County, It never having been exer- cised by tho body uran whom iL wan conferred, cx- cepl by expressly refusing Lo order a epecial elec- l.i;m,slgu ‘vt ceat for Mayor at the April oloction of 187 ‘WEGE ALTOOETHER NUGATOUY. Judga Couley, in bin reliable work upan constt- futional finltitlons, gives the result of the autho t thue: In some othier casca preliminary actlon by the Ic authorltice may b requirlte beforaany fefal tion can be held. ~ If un election is one which a municipality oy hold of notat it option, and tho ropor tnunicipa] authorlty decides agatnt holding TR e ovident that {ndifidual citizéns must sc- dicece, und that any votes which may be cant by thoin on the assumptlon of right must be altogeth- epnugatory. 'The ssme would lo true of un_¢lece: stion to be ficld after proclnmation for the purpose, ‘where no uchi proclusnation had been miade. " Coo= ley'n Constitntional Limitatlon. 603, Judgo Dillon, in his work on ** Municipnl Cor- porations, " Sce, 1110, says: **Where it fu dlscre- tionary, with municipal anthoritics whethier they will hold an election ur not, votes custatan un- suthorized clection aro sliply nuliitics, ilec. tiona fixed by Jaw ata cerlatu_time and place may be legally liolden, although notice has not been published; but if the timobo not deOned by atatute, and In to e fixed by notlce, the motice required fa imsperative." 1t 1a too plain to Justify ONK MOMENT'S DISCUSSION that the act of 1872 nowhero fizes any time for an election for Mayor, cxceptthat in Sce, 40), which decinres that, *'at tho general election held in 1873, and blennlally thereafter, o Mayoralull by elected in esch city.” ‘Thin certainly doea not fix the general clection in 1670 s a tsile at which o Muyor may Le elected, Tho very cminent and zealuus counsel for the respondent admitted upon the argument that the siatuto con- tained no other provislon Oxing tho tlne, but they relied npon Sec, 48, which declared that & general olection for city officers shall bu hold an the third Tuesdny of April each year; when the vory next section doclares that tho clect tlon for Mayor shall bo held blesnially after such goneral election in 1673, which would, of course, exclude one at thy Liennrul election fn 1876, The term not belng fixed by statute, the actlon of tha City Conncll fixing th¢ time and giving the atatu- tory natice b WAS INDISPENBADLE TO A VALID BLECTION. ®T'hc respectability of the respondent or the num- her of votca cast for him cannot affect the princl- ple; it Is s vital to an election under tho eircum- slances as sorvico of Drocess and an opportunity for a day court in tojudgmont. Counsel maya {hore way an equivalent for the notlee requlred by tnw, Tho fact that respondent was running fortha oflico waa noturious, Buppose ftwas, Thetrouble with the article fs that under the clrcumstances of this cans tha lyw can recognize NO EQUIVALENT for the order ond sistutory notice, Suppose a judgment rendered against A B withuat sorvice of process. If the defendant should move Lo sot it auido for that reason, would any lawyer say that the plainti® could defeat tho miotion” by showing that tho fact of tho sult iaving bren brought wis notorious and several persona had in fact wpoken to defondant about ft! The difiiculty with tho Judgment there would atise from the same princi- Plo s with the election in guestion without the grder of e City Council anil’the siatutory notice, In efther cage thoro would be slmply A WANT OF POWER of jrisdiction, Tho Stato having vested thls municipality withapart of its sovercignty and afized (o 1ts exercire cortain restrictlons and regu- lutions, it can be cxercised only in tho manner substantially ns is appointed” by tho statute. Tho torm of ofiice with its commencemnent and closo in prescribed by tho statute, According to tho view of tha insfority of this Court that, torm ks never been filied. From the reorganization to this tinge, there has exluted o vacancy na respects that tern, Of course, tho unexpired lorm was uioru than & year {rom'the duto whon the vucaticy occurred, aud by the provision of Sec. 16 it could only bo filled by'sn clection, Ly virtue of the scc- tion juat referred toas a vacancy, and tho sixty- firat section authorlzing special clections by order of the Cliy Connell upon notico, it was fully com- etent for the City Councll in Its dlcretlon to Pave ordered n specia olcction to 8il suck vacancy, Tho Councll falllng to #o order, the relator by forco of tho statuto was authorized to exerclue the powers of Mayar until his successor whould Lo wlected and qualified. Asno valld clection could hio held without the ordur of the City Councll, snd the prescribed notice, the SUPPOSHD BLECTION OF RESPONDRNT NOYNE was nugatory. 'The sixteenth section delarva that oo 1 vacaucy 1 leen than ono year, the City Connelt shatl olect one of its members'to act as Mugor, who shall jiossens all tho tlghts and powers of the' Moyor, until hin muccessor is elected and qualified.*” The nextannual eloction would In thnt cune necessarlly be tho blenninl eluction beforo ul- luded to, Whother such an election from the body of the City Council would be authorized under the clrcumatances of this cuse 18 n queation which has not been disensacd. Dok from onr examination of tho atatutes, wo are fnchued to the viow that tho vacancy can only be legally filled, even now, by sn clection ordered by the City Connctl, TUIE CONCLUSION arrived at by a majority of the Court Is, that the firat fanlt in pleading ia the respondent's plens. iha dewiurrer to the relator's roptications must, therefore, according i bu carried back an and inawmuch aa thu facts cannot bo chuuged by amendments, judgment of ouster agaiust respond- vut must follow, A DISSENTIENT,. JULGK BOOTI'S PONITION, ‘While Judge Hooth concurs with Judge McAllls- ter in his firat position, that Colvin'sterm has ox- pired—ho takes fsatie withi him 1n hia accond posi- tiou—thint Joyne ls not elected—and thua scls out his reasons: I concur in the opiulon of the majority of the court upon the questiun whethor u vacancy In the ollice of Mayur existed upon the adoption of the act of 1872, but upon the malu polnt in the care, whether thy olection of Mr. Hoyne to 011 that va- cancy i valld, % 110 30T coNoOn. ; scems vory platn thot it wus never ntonded that Ly the nd\{pplhm of thivact tho term of ofiico f any city ofticlal should be extended beyond {ta original Hwit, but that the old oflicers abiould ba simply retained proyisionally in the dlscharge of the(r reepectiva funclluns under thy new act, and thus bridge over tha interval until theirsuccessors tor the dlachargs of thoes functions should bo elected and quatided. Upon the sdoption of the act, the teri of ofiice wus ot on end, and Le be- camo a mero Jocum tenens, holding the pluce, dis- cunrging its duties, walllng for bis succewsor. I'biy, b my Judgment, ia TiH PAIR MEANING of the latter claues of Ast, 1, Buc. 3, of tho act, and the ouly conatructlon adintssible with duy ros upect for the letter aud spirit of the Constitution, 1f, then, the decinion of the Court upon thls pro- llmlnnr( n,\muun ls corruct, aud a vacancy in tho oflice of Mayor existed from the date of the adop- tion of thouctvu the 3d of May, 1875, It becune the ‘lll:l- duty of the Councll to'call an election to ollthat vacancy. Atk {1, Seo. 2 provides that *'whenever 8 vacancy abail bappen i tho ottice ot Mayor, when the unexpired tern aball bo one yeur or over from the dase when thu vacaucy occurs, i abal] ba Alled by an election, ™ Thu omicial term of thu Mayor, Bxed by Art, IV., Beca. bund 2 com- wiences on th third Tueaday of Aprl, in the odd years, and extouding for two yesrs, so thal thoun- ‘explred ter was more than oue year, TUB RIGHT AND DUTY of the peaplo, therefore, W elect tleir Mayor on the third Tucaday uf Aprll, 1670, was unqueationa- ble, and the otictal duty of the Councll to call sn election for that purpuse was equsily cleur, The question N thus distluctly presented, ‘whether the gegluct of thuir duty by that body has in this {n- sisnce, uuder tho law, deprived thy poopls of Chi- cago of the most cherlshud right of Aaerican citl- u.-n:a the zigh¥ wpon which all their umm{uu chicdy depend—that of olocting thelr relers, 14l o uny quostion of grave importanco, nat only as it af- fecta the pending insne, bt IN 1T PUTURR DEARINAY, For It It be decided anirmatively, the wrong may be fepented, and the peaple oro practically without aremedy. A brict statement of the facts antheyappear from the pleadings is necossary for & full ondee- standing ‘of tholaw of the cans. Inaccardance with Art. 4 fec. 1of (ho act, which provides that “*a peneral efectlon for city officers ahall he held on the third Tm‘ldl{ of April of each yesr,” the Common Conncil exlled nn election for a1l city offi- cers regutred by thin act to be elected by the poo- ple with the exception of the Mayor, PURPOSELY OMITTING the Magor In the call, haviag previonsly. by vote, expresaly determined to exclude that ofiice. Al the arrahigements for holding u general election, including” Judycs, clorka, polling-plncer, wora provided. 1f the Council had rurlorml'vilhclr duty na Ymvhlcll Dy law, and Included the Mayor In the call, no queation whatever could be raised as to the legality of hia election, providing there wna an ex- 1sting “vacancy, na this Court bas decided, The [pople. acting upon the agsurmption that they had ho legal right o elect thelr Mayor, notwithstand- hur' the refuanl of the Council Lo incinde him in the cnil, availed thomaclves of the Arranzement for hold. Ing n general electlon of clty oficers, placed tho respondent In nomination, and eteeted him by a vast majority of all the votes polied, There Is no relatne of any wanbiof publicily; of Sy Warprine, raud, or concealment i1 the conduct of the elec- tion, 'Tlie reapondent was nominated by one of tlie LARGRST MABS-MEETINGS ever held by the citizens of Chicago, Evory votor on clectlon-day and before knew that he ‘was a candidate for tho ofiice, and had the opportunity W expreas hin !)u‘ieruncn for or against him at the polls. There is no question but that he waa the cholee of (he people. Although themsclves, like the old Mayor, & peovisfonal body, holding over onty until their successor should "ho clected and qualified, the old Councll refused 10 canvass the votes for Mayor, The new Council, elected to- getlier with the respondent, did muko the canyass, and declared the reault, snd he fs now the acting Chief Magistrate of the ¢ity, by the will of the people foirly expressed at the polls, Suraly there phould by BOMR COCENT REASON founded on wiso public policy, ar roo well-ret- tled rule of law, incxorable t fate, hending tho understanding anid conacience of the Court to jus- lify s declion which hiall reverse the one ihus miio by the people, displace their chiosen chief olficer aud rentory to pruvinional autharlty one of whom they have o clearly exprened the wish that he sholl not ralo over thews, Coses of this chnecter aro apt to b sul renris, each depending lnTely upon Ita own pecullur facts, and not easily reduceable to any aniform rules or principics, Thic elements of concealment, fraud, surprise, imposi- tlon, which figre ao largely 'tn_many’ election care, hiave no pince here. There in no pretense that thero waa suy unfair practice resorted to fu order to seciire tha election uf (o respondent, o that all was not open or whove board, Al ‘the safeguards which aurrounded the exerclae of the clective franchiso weee provided in thincase. They aperated as fully and completely 1o secure a FULL AND PAIR EXPHESSION of the will of " thin electora) by In the care of the renpondent an In the cane of any other candidate. 1t1n Bafe to aascrt that no cake crn be found in the books whero there were so many and o cogent rearons, concurrlug In favor of the validity of an election, which the Court has scen fit to set aside. 1a thern any sound reason in public policy of any {mperative rule of law which requires it {o bo drawn in the present Instance? The queation of any cxlating vacancy having been declded ngainst the relntor, his cnse must rest solely upon the amission of refusnl of the Common Councll to call tha clection. It I ctalmed, Inasmuch as the oflice wan 1o be fllied for a fraction of o time larger than ayear, the full term belng two years, that A EPECIAL ELECTION WAS NECESSARY for ttie puepare. and funt such_ election coutd ho Teld only upon” the call of the Common Cauncll. Varjons cascs have been cited In sapportof this potition, and while I s doubilees tho encral rule hat n arder to il a vacancy & spceinl clection must be called by the proper authorlty, with speci- fication of time and place, and all needtul arrange- ments for holding the anme, yet there are excep- Thoin to the rule and 1 do not consider hat {he ule hag appllcation to lie caro st bar, funot within the reoson of the rule fald down in the cases clted by the relator. _ Art, 1V., See. 1, already eited, providen: A generd elcctlon for cit officera ahall be held on the third Tueeday of April of eich year. Src, 3. At the general clogtion held In 1870, and blennialiy thercafter, o Muyor sball be elected in snch clty. "The Iangunge of Sec. 1, ** o general eloctlon for city ofilcers, " is certainly broad enough to include the Mayor. Nor I its acope contined, in my opinion, by the pravieion of the following section that **atthe gencral election held in 1873, and Bennlally thereatter, n Magor shall be elected In such city.+ (Lghiould b borne {n mind that thia act weni in forccon duly 1, 1872, ond the language employed in the section In'qnestlon ia the same as iT it were intended by the Legialature thut all clties shonld ndopt the act in scaron to hold & genernl Thia canc election on the third Tuesday of April, 1874, Yet NOTHING OF THE KIND sould possibly have beem cxpected, It wae not practicable for the City of Chicago to hold its gen- eral election in 1873 or bienuially thereafter, rince {ta ndoption of the act waa too late In 1875 to hold ita general cleetion that year. A full compariron thercof — with the’ terms of this section [s and han been from the first fniprac- ticable except In the cases of those citica, if any, which adopted the act at a thine sufficient) prior fo the third Tucaday of Aprll, 1873, to hold clection an that day. Why then should this ction which prescribes for cities adopting the nct subsequent to AprH, 183, the performance of an 1mposaibility, be cunstrued wo as ta limit the broad power contalned In the first egction, which is eminently beneficlal and practicable toall? Is not sufficient” acope been Fh‘t'n to Bec. 2, if we hold that {t was the Intention thereb; nlm‘ply to make the term of oflice of Mayor In_all citiva organized under the act thronghoat the State uniformly two ears, commencing on the third Tuesday of” April n the odd year, leaving untouched the proviston In the firat aection for & **goneral election of city oflicers—Mayor Included—on the third Toesday of April of each year, " ahould occasion requirat And in this connection should be borne in mind the pro- vitlona in Sec. 2, Art, 2, ‘*Whenever o vacancy shall happen in (he offico of Mayor, when the uu- explred tern shall bo_one year or over from the dato when the vacancy occurs, 1t shall be filled by an election. . 1low i« a positive requirement that swhen there Is a vacancy, and the unexplred torm I8 & year or moro 1t shall be fllled by an elcctiun? Such « vacancy ex- Isted in the prosent casg, and a genursl electlon for city ofticers was at hang WAS ANY PURTHER AUTHORITY NECESMARY in order tofill the vacancyt And waa ftInthe power of the Common Council to set at naught the corwmand of the statute, and defeat ita_obvious ree c‘ulwmcm by noglect or refusal to call the clvc- tion? Waa any special call ncceseary when the statutea hind olready provided the means of its ful- filment? To my wind tho answer to those ques. tlons Is abvlous, Bome streas has been placed upon Sec. 14 of Art. 4, which provides: *‘If therc faa fallure to elect oflicer hereln required to be slected, or tho person elected ssll fall to qlml\l{. the City Conn- cll or Board of Trustecs may forthwith order a new clectfon thorefary and iu ail cases, Wwhen nccensary for the purposca of this act, may call speclal clec- tlons, appoint Judses and clerks therefur, canvass the returna thereof, and provide by ordinance for tho wode of conducting the rame; and shall give notice of sach spectal clection, ™ ete. Butifthe views already stated are correct, though it was the PLAIN DUTY OF THE COMMON COUNCIL to call the eloction, give notice, ote., yot thelr omirsion to do #o did not atlect Ita vulldily, since the election waa not speclal within the meaning of lh.}l section. { the claim of the relator under tho varjous pro- vislous of tho act were lesw bheset with dificulties (han [ think it §s, the eifecta and conrequences of tha construction contended for in hin hehaif, in my Judpnient, should cause tho Court to hositate before hronouncing in his luterest. A coustruction which, u the avent of a vacancy occurringat the begluning of a term, places It in tiis powerof the Councll, §f o diaposed, practleally 0 prevont sn election of thelr Chief Magistrate for u period of nearly two {Cll’l, 18 surely not to be favored. Nor 14 thin cun- Tined to the cass of o vacancy vccurrlng In the oflice of Mayor, for it spplied equally to tho casv of Al- dermen. What I8 to provent A VOLITICAL MAJORITY n the Conncll from dinfranchixing a ward obnox- jous to them for its party politics for 8 perlod uf o yeurs If 2 vacuncy uecitrs ul the commenconient of an Aldermanic term? DBt If o construction is adopted favorablo to the respondent, the longest pariod for which in efther caso an expression of the will of tho alectivo bady could be postpuned would Le a fraction of o year.” Belicving, thercfore, that ;dudllun adverso to the claim of the retator would o 1N TIR INTERBAT OF BOUND GOVHHNMANT and popular rights, will capecially be oppored to that” bane of Amcerican Foflllcn. corrupt rings, I have felt ft wy duty, for the reasons already stat- ©d, a8 well #s others urged i argument on behalf of the rvapandent, to divsent from the opinlon of :{m ‘majorlty of tho Court vn tha maln question in ho cuse. JUDOB PARWELL'S OLINION, Judge Farwell oxplained his view of the matter an follows: 1nasmuch as this case {8 of great Importance, it 1s probably dus to myaclf, sud to the {)urlh’u. and 10 the public whomi they represent, that my views should Le known ou this guesiion as ene of thu wombors of thla Court. ' 1 agroo with Judgo M- Allstor und with Judge Nooth upon the question a8 to whotber by the law of 1872 €hie term of tho then Actiug Mayor was extended to 1877, 1 aim of opinion that that term waa not extended, bat that itiacvident from Wi law itsell that the term ccased, aud that the Acting Mayor under the old orgsnization was ‘miercly an Acting Mayor under tha new law until bls successor should'be chosen and qualificd. Wa being ‘agroed upou that, tho queation theo follows, \Whutars the righta of the porties undep the fucls s stated? The old Mayor being & person merely filling the oflice, and dlacharging thy dutles for the tlme belng without uny right or holding auy term not expired, it would liave been proper for tha Common Council, as svon as in thelr dircretion it was proper, to cull an election for thls snd other otficers. Thoy dil ot exvrciss that right, The time fixed by the law for s genoral lection urrived. By tho law i, newe anderstand It, the thon Acting Mayor, Lad uo lerin ho“was weraly dis- charging the datles of an olfice which was fo'tha oyes of tha law vacant. 'That beiog & genersl eloc- on, 1 s of upinion that the votcrs had a right to vute for Mayor ai that election 1! uo notlcu should bo givenj that 1t was the duty of the Commou Couucl), not having called any special cluction be- foro the coming of the geueral election, to Lava iven notice that a Aluyor would be voted for st finl time, snd thst the vacancy wonld be filled; but that they cannot, by failiug ‘to discharge thelz doty, either from loteation or from iguorsucs, taking & rough vlaw of the matter, deprive the votera of the right which lhe{ ‘have opon a general slection to slect all oflicers wiio with propriety antd sccording to law shonid bo elscted. “The rearons which have been given h‘ my brother Juidge, Booth, cover snbatant(ally the case, and the viewa which I hnva on this subject. 1 therefore do not deem [t nocessary to ray more. Judge Hogors—8inco Judge Farwell haa stated that he concurred In the dirsanting apinion, T will my that Judge Willlams and mynolf coneur with Jnidge MaAllister In the maln question, that the election held |aat April for Mayor was al wolute nuliity, and nugatary. Bpesking for myself, a enmlnig that there was & vacancy, §f Mayor Colvin wan not entitled under the charier to hofd his ofice until 177, then I concur, and ao does Judge Will- iamn concur, in the reatoning of the opinion as read by Judge McAlltstor, ——— AT CITY-HALL, INTERVIBW WITH MR. IATRY, A Trinuxz reporter met Compttoiter Tinyes shartly after the decislon, and had the followlng conversation with him: Teporter—\What do yoa thlnk of the deciston, AMr. linyea? e, Hayes—I think It (s a1} fl(h\. t.—You do not regard Mr. Hoyne sa Mayornow, 1 Qruumc. ,—No. #ir; T h ad grava doubts of the ty of his position all aiong. t. —~WIIl yon glve up posaession of your office to Mr. Derlckaon? Mr. il,—I do not think that I would be justifled ¥n daing o under the decialon. 1L, —Suppuse you rotaln the office, what will be your financlal pollcy? Mr. I, —1 am not prepared to anawer that ques- tlon now, The other alde may take an appenl, It W\:(llha time enough to declde when that point ia settle Mr. Ilayes, in anewer to inquiries, sald he conld nutsay wheti the city emplores wonld be pald, but did not thipk It would be wiihin the next wock. GOODELL, AND THCKEY. A Trinuxe skirmisher held brief interviewn with Measra, {iondel] and Hickey, and learned from them both that ao far A they were concerned the decialon had not affected them. The Marmbal aald lie war going on with his burincas just as arosl. i lind not mnde any appolntments, far the resson that there was no nccesnity for any. Supt. Hickey rald he wonld awalt furtlier developments hefore Bie recognized any other Authority than that of the Council; be coulil not attend to police burincar and the Ml:"m'sl‘y matter with juetice to the public, and had all he could do to attend to the former and let the latter alono. ACTING-MAYOR COLVIN waa well nigh ahnken to death yculurfln{ by the awarme of friends, congratulators and office- reckera that rendered the day, 1o him, one of wenriness mixed with pride over his victory, and who poured ina continnous stream in and ont of his ottice. Hefory polng to the City-Hall in the morning he was bored by men cager todo him homage, and while in his’ office at the City Hall, he wns annoyed by the gaplng, feather-brained and dirt-begrimmed apectators who darkened bis win- dows, gazing with all thelr cyesat the wonderfnl man who had dixregarded the wishea of tha people 3! the City of Chicago and the laws of common lecency. A reporter embraced the opportunity of peak- Ing to him yeetorday, for he wore an open countenance, " and hls faco waa wreathed in rmiles. What he eaid in the way of informn. tion was but little. Of coitrse ho was matisfled with tho deciston. Did not know whether ho would run azaln or not. Couldnntsay whether ho would resign or not. 1lad no news to glve away. FRORERT JAMIRSON, ex-Clty-Attoracy. Lappeued around whero a Trin- vxr non woe, 118 eyce danced with delight, e nald Colvin would not resign, but would follow the advice of his countel. 1led{d not know whether the **old man " would run sxaln for the office. If hie did the speaker prophiesicd an eleetion for hitn by bn averwholining majority, ' It the l3wyers for Mr. Tloyne thould wish 10 go to the Supremie Court with tho easc, they (the Colvin counrel) wonld be only 100 glad to go right duwn to Mount Vernon, and the thing could bo decided there again within ten days. MIKE DAILEY \wan fonnd_composedly smoking clgar In ono comar of hin oflico looking as picased oA conid i, S anawer to the queetion. ++What do vou think o T e entdz . Thiak of ff & dont hink Bnything sbont it 1t In fust na 1 sald. 1 know oo was ot the Mayar, and it all fghte T s T for b dnd o Inighed dad ap- enrod teled 1o think that he had been o cute 4 0 stick up for himeelf. CONSIDERADLE SYMPATHY i gelt for Mr, Wheeler, ex-Mayor Hoyne's obligtng: i eiicient Secrotary, It wa gonerally con: hlered 10 he too bnd U1ist o 10 80on hutid' loes & Hituation when he had given upa g00d pluce 0 8- Slst Mayor Hogne. | Lo was around gathering u B fradnunte, that wothing belont thom (hemiafl $10ck of Lreantiren that wonld fn fatura days call to Tnomory tho fact that Mr, Hoyne had once boen e Nayor of the Rreat ity of Chicago, nid that B, Ot liotler) hod ‘once been the Bacrotary. Un The Othor eide, John St. Clair Glevoland, the cor- et gscoas, ‘good-natured John, whs in the [elint of Wik spitite. He folt so well that n new wiraw hat Wik bought to et off the cxpression of jollity that spread over his coplous face, i il sl I0WA. Brench-of-Promiso Case--Capture of Elopers --A Plucky Servant-Girl, Spectal Correspondenca of The Tribune, Des Moixes, Is., June 4.—Henry Moler, a wealthy farmer of Marshall County, went dowsn to the Buckeyo State. Whila there, ho esaayed the part of Claude Melnotle with Miss Roee Carlyle; and, when ho left her, it was with the promine that her home should be a beautifol bower Intue Hawk- eye State. 'The doy was fized, and inthe meantime tho damnsol made buny proparations for the matri- ‘monlal event; bot, when the day came, it brought no bridegroom, nor gave her any reason for his nb- sence. Bho now comes {nto court and proposcs to mako him give anewer. ELOFERS ENSNARED, Charles Armatrong made Lasrneaees at Atlantic, Cass County, A fow wecks 8go ho and the wife of Emmet Lorah started out for a stroll, aud becamo #0 ublivious to timo and diatance that they brought up at Wiota about 3 o,clock in the morning. ‘They repaired to a hotel wherp the landlord gave them a double-bedded room, Lut sclected one in which a maon already occupied one bed. ‘Fhe tour- inta retired, but they had scarcely dons o before the Irate husbandcame swoopinydown upon thew, with an officer at his elbuw. He was shown thelr room, and, klmcklnl: on the door, was In- vited in, and found his wife alone [a_bed, rubbing hereyes [nnatonishment that she should be in s room in which two men were sleeping, The har. nesa-maker was in bed with the other man, and equally dozy, 'The stranger, on bulng a: Lo Tong Armetrong had been fn bed with ldm, et plicd, **Not over two minates." Armstrong was arrestedand lodgged in Jail. The wife ruys she was encaping from lice husband, who abueed her, and Armrtrong was helping her to get awsy,—only that and nothing more. A PLUCKY OIKL. A few evenings ago W, H, Hollingeworth, editor of the Slgourney Keview, while engaged in giving n reading bofore a liternry society, was interruplo suddenly by a messenger, stating that Elva Butler, a servnnt-gir) who had been left at home alone, Liad been shot by a man who attempted to rob the house, Ho quickly Dull\‘llmrlml to hia reading, and hastened liomo, to find that, about O o'clock, the door-bell rang, and the girl went to the door, whore sho was met by two nasked men, one of whom put s hand oyer her mouth and bade her keep silent, while the other marched into (he house and began to gatlicr up val- uablo. 'Pho gir) showed fight, got away, ran inta tho house, socured a 1lollingeworth rovolver, and began to blaze away at the robbegs. They returned tho fire, and wounded the girl i® onc arm. Flad- ing they were creating an alarm, they ted, leaving behind all the valuables they bad collectod. CANADIAN, The Orangomons=Troublo in & Bunk—Dom Yodro--Other Matters. Special Dispaich (0 Tha Tridune. MonTnEAL, June b, —Various Orango socleties of this clty held s mass-mecting and resalved to walk in rogalla on the 12th of July, Bpecislinvitation will ba glven Lo the Ozder of Oranga Young Belton to joln {nthy processlon. It was reported that Knlghts of Black Watch be Invited to walk, asalso the Grand Master of British North Americs and thosc of Enstern and Weatern Ontario and Que- becy ulso, that a general fuvitation be glven to all Protestants to join fu the processlon, It was suggested to ask the Mayur aud corpora- tion to sot spart 4 body of police to protect tho procusslon §¢ necossary. It ls twonty yuars sincs the Oravgemen walked in procession here, 1t ended in a disturbance, and thoy have not ‘sttempted it aince, + Father Chiniquy was arrestod ihls moraing atthy {nstance of Mr, LeMeltoyure, on a charge of iibel, Uall was aceepted for hls” sppearauce for trial the 30th of June. Burlons charges of frandare preferrcd agalnst tha Directors of the Metropolitan Hank, the fon Henty Staraes, Mcesrs. Henry Judah, ' Menry ltyaw, Jumes O'Hrien, and Maurlce Cuvilller, by Col. Mthudos, of Qaebec, stockholder for’ §10, 000 e ulleges thut falre reports wero presented ot the aunusl moetlngs ihat o largo portion of stock wos subscribad for without aby bona fide intes- tion of paying for \hu same on the part of the defeudsuta; that defundanly bad subscribed fur stock greutly exceeding the entire value of thelr properly, real and personal; that they franduleatly vaned to each other for spegulailye burposca monoy bulonging to the bank; that they poruitiod each other to use thy fuude uf thu buuk Lo sn amount exceeding the whole palid-up capital of the bank, and other grave charges; that by this mls- condiict the stuck ts not worth 50 ceuta on the dol- lar, and plaintitf aska for the par valuy of his slock. Special Dispaich 4o The Triduna, TonoNTd une B Dota Pedro arived horo this attomoon. and prococded sast to. Motrea by & night traln. a) Digpaich 10 Tha Tridune. QuEnkc, June 5, —Lbe last renvining link of the Intercolortat lallway, that bocween Nurthern Now Brunswick and the Rtlver Du Loup, has buen com- Hl cted, the Grst Lraln Laving paeacd vver 1§ Satur- ay, s now posslble o g0 from Wiidsur, O, to lialifax by rall through lian tarcitory, The road will uuyl traflo in & week, but tho formal opealng will not take place botore the ~6h nat. TUESDAY, JUNE 6, 1876. CENTENNIAL, Illinols State Officers andthe Sun- day Question. Country Cousina Driving Philadel- phians from Their Homes, O1d and New Rallroad-Engincs--The First Locomotive In Russin. Decorative Household Art, and ‘What It Needs. » YESTERDAY’S NOTES. TIE BUNDAY QUESTION. Apectal Ditpatch to The Tribune. POILADELTILA, June b, —The lateat contribution on the Sanday-opening question comes from Springfield, 11l 1t ia elgned by John L. Bever- tdge, Governor: Thomaa E. Ridgway, Stata Trene- urer; George N. [Hatlow. Becretary of State, and 100 of the principal merchants and Iawyers of that city, and relates in mubstates that **The ander- #lzned approve the action of the Centennial Com- mirsioners In closing the buildings on the Sabbath, and hops that, for the honor of our natlonal repu- tation ta A Christisn nation, your pusition wiil be malntalned. " TIIR APECIAL DISPLAY OF STRAWDRRRIES will commence on Wednesday next. and continue 111 the 15th inst. It will be under the chargs of the Boord of Agricuiture, snd wiil be held in the Agri- cultural bullding. The States of New Jerney, Dela- ware, and Maryland will bo most largely repre- aented. % cnns, The statue and pedestal for the monnment to Columbua In Fainnount Park have been ahinped from Italy. and will, It 14 hoped, srrive here in time 1o Lave It completed and unvelled on the Fourth of July. TIE BILR-WORMS, Mz, Josepb Hewman, of San Franclsco, has ar- rived with a coliection Gf 6,000 allk-worma for ex- hibitlon in Agricultural Hall. THEODORE TIHOMAS. has agoin been Installed as Juader of the orcheatra at the Woman's Centenntal Music Ifall. The man- arer declded that they could not make things go without him. THE STATE DUILDINGS. Tho Hlinola £tato building le nuw complete in all 1ta {urnishings, and open to the public. It 18 model of convenfence, though not #o luposing as those of some other States. Michigan will open hor State bullding on the 4th of June. 3 AIMT REUNION. The principal evout of the week promises o be the reanion of the veterans of the Army of the Potomac st the Academy of Music to.morrow morning. Maj.-Gep, Winfleld S, Tancuck, United States Army, the Prenident of the Socicty, will preside. The bratlon_ will be delivered by Mapstien. John 4. Dix. by \William Winter, Esq. _Among the arrivals are ex-Gov. Lix un o, -Genr. Hancock, Terry, Weltzel, Cartiss, and Gordon. WILITMONDAY. The celebration of Whitmonday Is very general smong our German citizens here. Quite an exten- aive parnde ook place this morning. Many ex- currion-porties have left tho city, and the uftend- ance at tho Exporition Grounds 1 noticeably fn- creased by the observance of the holiday. JOTTINGS. COUNTRY COUSINING AND COZEKINO, Speclal Correspondence ef The Trivune, PiiLAvELTiiA, June 3. —The country comeln abounds here Just now, and han been doing 5o ever since the 1t of May. A gentivman eald to me last night, **1 am golng to shut my house to-morrow and send my wifeand chitdren Into the country till October, We usually go to the eeaside about the4th of July; but this year Iam compelled to leave earlior than usual, and stay longer.” Isog- gested that it would be rather cool for the seasido st present, which Le admitted, and then went on to explaln thoreason of his aotion. '‘The fact is," eald he, **we don't wantto go now, but it I walt untll July my wife will be eo worn out with anstety and over-cxertion that she mny not be able Lo go at ull. Since the 1et of April, we have not been alone with our chlldren and servants more than half-a.dozen nights, Tre- quently I have have given up my bed, and slept on the tloor or on @ #ofa, and my two boys have done (basame, Sometlmes we hove had six or elght visltors on hand at once, and on one occaslon we had ten, including three children, who made noise enough to drive n man wild. TRelutives and ac- qualntances turn up from ali quartere, and hardly any of them are people wham we care one dime about. We don't like to refusc to sdmit them, and 80 wa arc galng to put a stop to the free boarding- house business by shutting up shop and going to the scaside. 1 shall sleep at the Louse, and bave a nelghlior's servant come to make my bed. We won't keep a servant here, aa we would find rlenly of onr country-visitare who wonld be wlling to quarter themaelvim In the houre for the sake of old acquaintance, and r0 kecp us abont a3 busy as ever. Itishard to be thus driven out of one's Own home, bat It 1s the only thing I can do.™ COMING OF THB COUNTRY-COUBIN. Naw, this man's trouble §& just that of one-halt of the houscholders in Phlladelphla. Country- relations of whom they never heard have hunted up therelatlonship exisiing between them, and, in some fustances, they have broushs ecripts from the family-record to show they have made no mistake, Sometimes they write to announce their coming, and sometimes tlicy drop down suddenly; whetlier aunounced or not, they are auro to coms No man likes to close hia door Lo s relative, and so the steangers settlo themaelves into comfortable quarters, and sre enabled to see the Exhibition with very little expense, They ask the matron of the hiouze to prepare them s portable Juncheon, gnd with this they procecd Lo the Contenuial Gronnds, and, when noon comes, are abje L satls- 1y thelr hunger withont patronizing the restuu- runts, I know of some czscs where they have borrowed the 50 conts necded for passing the gated, and forgotten to return it; #o that the city man whio has o country-couple on his handa ls mulcted for a dollara day cash, in addition to hia disburse- 1nenta for food tecesiry Lo spoil two healthy sppe- The finroad ~ of = *‘vialtors™ upon residonts hers haw become very great alreudy, and promises to becume woree oa the weeks roll on. Mauy reafdonts will do sa my friend has done, and close thelr louses in sheer self-defense. They will have no other alter- natlye, nu tho rural sponge has no sentiwent about him, and will come und atay, evenil he knows he is not wanted, and If he aces that the wife of his lmn.ln half-desd with the Lrouble of keeping a freo bote). Let me say, gently but rmly, and In the yolce of a 13-jnch cannou, that anybody who conies to Phil- udelpbla thin year, and quarters himeelt, herself, or, itaelf in the bouse of relative or triend, be It only for a single night, 18 8 sellish and mean jdiot, who ought 10 be kicked fnto thu Delaware Hiver, 1f you Bavoany regand for your fricnds, you will yo o & bonrding-honss or botel, settle yourself Comfortably, go mnd sce the Exhibition, nnd The poem will be read when you 'have done It and are ready to leave fown, make your eall, “If you cliooke, at your frlend's bouse or uffice, ” Dow't put yoursclf in iho way of an invitatlon, but llu your sight-scciug without letilng blm "knuw youare In town. Iv may Livlt you ever so earn- ently, Lut don't bolleva lie santa you, furhy s al- renay run o death with visitors. If youcan't alford come wnd puy yous billa houvstly, etay at bome or s cule witlh straw and slove-wood In au ol truuk that will cost $1, register at the botel or boarding. bouse under o falas uame, and then, when yuu are done with the Centennial, scoot and It them find you if they can, Mind you, Idon't sug- svat this dw boneat and honorable” conduct, but it fia thin marit over spong 5 ow Yournelf fuyour true character, fnstead of sneaking under o cloak of m‘xe:ubllny. It you have near and real friends In Pufladulplils, doi't drop on them Al yeor, Come nexd year, or 1he ouc after, or last year) but stay uwuy from them now, TILE OLD AND THE NEW. Iufront of the Maryland Buflding, tbe Baltimore & lle luumfl Company bas mu wo af its luco- o exhibition, —ono bearing the number nd the other that of **doo, There |s o s differoncy of forty = yean In the &g of thuss _two miachines; the Orat wi bullt in 1833, snd the' otier Iu 18 5 2 tho differouce {u ago Ia nut greater thay that vf thelr gencral sppearanco, The tender of No, 000 18 greater thun the cntlre eugine bearlag the nuws berd. The old englne bas un uprght Builer, and tho eylinders are iu the same posiloil. The power 1a conveyed to the whale by 3 sort of wulking-beain wiih vertleal rods; and theru Lo a bewilderlng lot of cranka and suds, in strsuge contrast Lo th slin- plicity of the locomiotivy of ‘the present day, The Lugincer had & very luiled spaca for moving abiut, snd bardly envugh tor standlng.oom, Th story goes that, when the it Jocouiotive was put on the Baltimore & Ohlu_Nallway, it naturally ex- clied tuch carlowity, Sume of the old heads were Inclined to doubt tha eftictency of the uew-fangled mator, and one of thuw salil Lo bl o Lores that could beat . Su ono day bo stationed hiscl, With Lls stead, ata point where the ralhway snd carrlage-rond werw parallel fur quits s distance. Soon the traln ca'ny slong, and, when It was jurt abresst of him, be gave the rein to bis hore and let the Lenet ‘lave his way, It was neck- and-neck for a mile or and then the Lorse pulled shead sud lefi the locomathve i the rear. How would It be now with the =+ bull- gino” of the present day? 1 fancy thab (e horeo Sould Lo nusxesylel bn fess tu thau it hus taken we to wrile thie lutter, "Atd speaking of this Baltimore Jucomutive, ra- winda wo of o atory § beard fu Rusala, When the Niculal Rallway was constritcted in 1818, from St Petersbary 1o Moscow, k was doue under the wurk Contracts with American sogiucors, sud thecurinud ‘englnes were supplivd from Baltimore by thy fs- ok extgblisiment of the Winaus Brothers. The Rusalan pricats opposy eveey siwdern lnovation, and of course they wera ** down " vu the rallwuy. Wi tho road was W be opened, they detormined to wtop it; snd so they went in forcy fv a polut on the road, sud vet up 8 holy plcturs (o stop tio new Work of ho Dovil. The traln came slowly alung, and the engincer scoing tho plctuve atuudivg on tho track, thought there munt be a man hehind it and no came to A balt. The nasembled multitude rafred & shout, and the ptieals called out that the raint was all-powerful and woull presall a?“"" wickednors, The officer In charge of “the traln cama _ant and Lok s rarvey of the situation. Then he told the en- gincer in run hack & quarter of & mile and bring the tzaln toa bat. The houting was redoubled, and the priests were In the mont rapturone delight. Bat thofr ex- altatlon was svan changed to grief 85 the ma of ceremnnlen told the engincer, **Put on all rteam and go shead, withont regard to conre- uencen.” The engine went aheid, 4 down ell the holy picture, torn snd crushud by the wheels of an’Anierican locomative. Modern civil- zation wae triumphant, nnd the priests and thelr followera na longer shonted n triumpli, The loco- motive and the telegraph aro the practical civil- lzers of the ave. Two hondred yearn ago, the Ling could receive hin newn auonct than any one eine by menns of his Royal courfers, while his e layn of Itoyal hortes ennbled him to travel faster than coutd any of his rubjects. Bt to-day who ~en recelve his Information more rapldly than the tgiegraph ean flaa 1 o any of na; Aud who can travel fasterthan by the express-train, which 1s open any “one willing _znd anle to pay for Itt Niesm and elsctricity arc the agencies that level all distinctions, snm- hllate time aud apnce, and occasionaliy (when the train guits the track or collides with another) an- nihitale also the paseenger. INSTHUMENTS OF TORTURE. ‘The Commirsion, In fta Inscrutable wisdom, has ertabiished & fog-horn near the Government Bull Ings; and, since yesterday morning, this Instri aient has been (roiently and loudly blown. Ita In ventors clnim thal it ean be heard 60 milen; 1 wish they would takie 1t 60 1nllen away from bere, and then Ulow It with its muzzle turned awsy from Philadeiphia, [ should be satisfled with that test, and so would msny men 1 mot to-day on the grounds. It has o sound like that of o donkey, only more 20,—a dunl(e{ of about 500 ordinnry doiikoy-power in tne nelghborhood of the lungs, Then we havo the bells of the locomotives on the nartuw-gauge railway, and aleo the voices of the ticket-nellers on that establishinent, who per- petually callont, ** Ikere you arc! Buy your tlck- ets hore! Al around ‘wnd back agaln for § cents ! Walk right up, kentleme 1 the Main Building there are two chiurch-organa—one ot the south end nud the other over Lhe west portal— and the owners iave hired experienced organists to pluy the lustrutnente (rom rosy inori 1l dowy eve, without Intermiasion oxcept for meals and lodging. They wre not small, country-church urgana, but regular firet-class fellows, that only lack the fog- horn to make them complete. Oue 1 known sa the Ilook organ; and certainly 1t has houked a great deal of profanity out of quict-minded visit- ora, who deeire Lo give thelr whole minds to what they are Jooklng it.” Then we Lave the planu; and, ar (ho pianos are 16 a ingle group, oud are gencr- ally played all at once by rival vory-pawers, and in different tunes, the eifectis echilarating in the extreme. Lasty but not least i3 the chime of bulls on Machinery Hall, which aré frequently manipu- lated W doleful gira Ly u 1uusicul artist’ koown as Prof. Widdows. I wish Lim ao harm, but the thought occurs {0 1ne that, If his wife musl become a widaw, she would confer a favor upon visitars to the Exhibition by nrntn:'im{ the date gaite carly In tas leafy month of June. A cwme of beils is very mice whem you mre on your way to churchi but to have i ry day. aud p il times day. rolling_ out cuville,” ma," ** Coronation,” *'0ld Hundred,” and sim)- lar Jively airs, is too much of a good thing. It wonld be bad enough If the bells could thruw in something lively now and then, but [ presume we cannot expect them to be fast, seelng (hat they one epclled with only one 2 A WANT UNSUPPLIED Eince wrlting on decorative art a= applied to household-purposes, I have been looking sround for moro materisl on the Asme pubject. What I wanted to fod wax sumething good, neat, und tasteful, for hodschold naes, thut should be cheap at the sanie time. I regret to say I have not yet found it in any Americun departments and, thoigh 1 have discovered lpifl'ouchen to it in suinc other: tisnot up to what L wieh to rec, und what I be lieve ought to exist. All the exhibits I mentioned in my last letter were yery ex- pensive,—tho ebony cabinel alonu being held at $5,0000 The tapestry and furniture in the zoom fn the Loale X115 etyic are heldat 810,009, —a nice little suta for a single room., Gth- cr exhibits were not os dear us thie, but still they were higgh, aud guite ubove the puree of anyhody who is uot working along toward u half-miilivnaire. What we need is romething neat, artistic, and goud, without requiring fuur fgures to cxpeced ity value. Nohudy scems to have thought It worth while to put vuth thingys on exhibltion, though they were the very articles 1o find ready customer Doubtless the high-cost affalrs will be soid befu the Exhibition 11 pyer, but lbcg would not fter fereinthe least with what 1 bave suggested for modest bank-accounts. FINDING A MARKET, Thore 1 some muucy lying uround in the conntry, If onemay judge by the articies which are ai nounced as kold. The forelgn exhibitors have near- Iy all hrouzht their goods here with thie intention of scliing thew, and «ome of them are beld at very Iigh figures, Eversthingis to bu kept here until the cloke of the Exhilntion, aud in order Lo secure s thing, you must pay the purchare-nmoney down, or at leust 50 per cent of it. Youthenobtain a recelpt which enables you to have Jour purchase when the time comes, on payment of the Custom- Tlouse duties. Tho Governuent lo looking sharp after its own, and you are told that the Maiu Build- {ug contaluy a Jarse umber of Customn-1auee oill- cers, who keep un cyo out for infractions of tho lnws. The Jupsncse Dopartment, where there 1s o much for eule, lus two or three of thue gentle- men conrtantly on duty; and thoe Chincse has an cqual number, I nut_more. Cunsequently, When vau buy, you pay yout money u luug time'zhead; iluL ncvertheless, & great many articies, and some ot then valuable, have alrcady found customers, Muny of the Jopanese brouzes, dro-screcns, wine dow-sbades, fans, vased, sud the like, Lave been taken, and besr the ominous plac S80ld." Chiness articles are slso £ fast; and €0 are French bronzes ana’ other valoable things, The grenter part of the parshases have beew among ornamental and costty articles, Tather than among the practical and usefil, Quité & number of piciares have becn buught, and the purchases have Leen matnly smony the foreign departiaents, Of conrse, this makes ~our American astists a littic sore, and womo af them carry thelr {ndignation to an nbsurd exteat. +47'he Art Department should have contained none but American works, ™ sald one of them, yesterday ++and the Centennin! Commisslon lad no businees to allow forelgn painters and scuiptors to Interfere. when we wanted to ahow what American urt had accomplished in & bundred years. We are belittled nuw‘ by a lot of foralgn sl that spoils our murket," ol 5 THE UNIAPPY STDE-SHOWS continue to incresse u number, but I fear they find few patrons. 1 know of at least four shows of wox-work in the clty,—the newest being largs group showing the signcrs of the Declaration of Independence. Mammoth oxen and pigs, five- Temsed sheep, and all that sort of thing, are on the iticrease. Only 1o fut women are on KLHOW 88 yet; wenre far belilnd Vienna, whero there were at Jeast twenty of these corpulent ladive, of all upes and all atyles of beanty, frorm light-bloode (o dark- Urupette.” There are ehooting-galleries by the doz- en; but the proprictors must’ Lave cxpected some very poor sliots, as they make their gallerica so short that the muzzls of the gun almost touches the inark. 'Two troupus of minstrels have put in an appearance; and, at oue of the restaurants near the Centenuiul Gronuds, thero 16 a w'llunnnucu whero you contribute soutething or nothing, as you please. Al tho theatres aru running; but they do no better than usual, and I fancy that eowe of the slde-ehowinen wish they were sumewhere else than here, Peoplo see #o tach, and get so weary of tha Exhibition, that they huve little taste or strefigth for anything elsc. T, W, K. e The Law of Vivisection In England. London Sypyciator. Lord Carnaryon liss introduced in the 1Houso of Lords the Viviscetlon bill of the Governient, which is entitled, * An Act to Prevent Cruel Ex- perlments on Aulmals,” It sppearsto usuvery good one. Experiments Sealeulated to give pain™ must be performed nnlrv in reglstered places, by persous holding a license from the Becretary of Btate, and, as a rale, ‘‘under the influencd of soms numsthetic of sutliclent power to prevent the snimal from fec! &:pmn," and 42 the pain is Hkely to continue after the effoet of the anwathetic has ceased, or if any serlous ® fojury hoas been inflicted oun the anfmal,"” the creature must Lo Killed before the effect of the unws- thetic gous off. The onli' exception to thu pro- Iibitlow of “demonsteationul™ experlents ls In the casy of experinents properly certitied to L ““absolutely necessary™ for the fnstruction of the students, *with’ a viow to thelr nequlr- ing knowledge which will be useful to them for saving or prolonglug hu- wan lfe, or alicviating humon Csulfer- {ng," and even then the amwsthetie state must e completely recured, Wherever the object of an experiment intended for purposes of resvarc cannot bu sttalned without giving some pa tho animal, u special certificate Lo that effect ds to berequired froman ude?lulu sclentitle suthor- itg, and undef thut conditfon the animal may be aflowed o live sl tha object of the experlmout fs attafoed, 440 wad son X To eo vursel's us ithurs ece na. Behold thut pule, vmaclated fgure, with downeast eye, like soma criminatabout to mect ber fate! See that nervous, distrustful luok, us she walks wlongg with w slow snd unstesdy step. The pink has left her cheeks, aud the cherry her lips. The ouce sparkling, danetng oyes are now dull and expressionless, The once warm, dimpled hands are now thin and cold, Ifer beauty has ed. What bas wrought this wonderful changed What is that which is Jurking bencath the surface of that once lovely form? Dues she realize ber terrible conditiont lsgheawsrcof thawoeful uppearunce she mukes? Women, from ler very nature, s ,subject to a catalogue of discases from which man s cn- tircly exempt. Many of these maladies ore fu- duced by ber own curelessuces, or through g- porance of ths lawa of her being. Aguin, wany female diseases, it propetly trested, wight be arrested lu thelr course, gnd thereby prove of shurt duration. They should npt be lefs to an inexpericuced pbysician who does mot under- staud thelr nature, and fs, therefurs, incompo- tont 4o tread them. Tho Loportauce of atteud- (post-patd) to any addres ing to Fomalo Discases {n thclr earllest atages cannot be too strongly urged. For, f neglected, they frequently lead to Cohsumption, Chronic Debitity, and oftentimea to Insanity. In alt classes of Female Discason, Dr, Pierce's Favorite Preseription Is without a rival, No medicine has ever surpassed it. In ** The People’s Com- mon Benes Medical Adviger,” of which R, V. Plerce, M. D, of Baftalo, N, Y., is the author and publisher, fa an extended treatlso on Wou- AN AND Hzn Disgases. Under this head, the various affcctions to which womau 18 incident aro carcfully conatdered, nccurately portrayed, il a restorative course of troatment suggested. Every woman, as she valtes lier life and healtl, shouldfpossess o copy of this valuable book. 1t she s diseased, this “Adviser " will show hee how she may be restored to health, and also a1~ rect her how she may ward off many maladies to which she laconstantly being cxposed. Let every suffering woman heed this timely ndvice and see herself as others see her, Price of Adviser, 81,60 ROFESSIONAL. RUPTUR Dr.J. A.BHERMAK rempecttally notifies the aftcted to beware of trateling Impoators who ara Koing about the country selling Imitation appiisnces aud polsano Tilsture a8 curative compoit fraudulently pretenc ing to underatand Ufs business and thus eadangering the Ifven and cansing §rreparante Injary to the unforta. nate. 1o Iias no ARENTA, NOT 113 Die ever instructed any. one in his bustness, DF. Shennan wil bo (o Chicogn ani Stiiwauicer duriug’ eh(s moath, whiere thots intereitnd may conanlt i In_paron, and reap tha benefit of iy exjierience aod romediea. ' Prineipal office, 1 Ann-st. New Yurk. lloaks, witii llkenesea of casts befora and after cure, malled on recelpt of 10 centa, Piles and Fistula Of the worst form cured without paln by Drs, IVES & [LYON, at 117 Enst Madlson-st.. Room 4, Chi- ruz0, who make u #peciaity of diseazes of tho lower bowels, A radical cure guaradteed. Cone ultation free “HOOLEY'S THEATRE, MAGUIKE & UAVERLY. Lesrecs. WILL E. CHAPMAN Manager. LAST WEEK OF : MISS lRQSE EYTINGE And the Excelient Company in ROSH MIGEIHT. Wednerday Matince—Henett of W. DAVIS, Monday, Jine 12—~3RS, JAS. A, OATLS' COMIC OPERA COMPAN W CHICAGO THEATRE. R. M. 1OOLEY ...... +eereseue Manager, The populnr yesort for Tadles and Chfldren. The Coolest Theatre In the eliy. Monday, Jdune 5, every eventug and_ Wednesday and 8aturday Mstinee. HOOLEY’S MINSTR. the Master Band of the World In an entire newand Lrlitiant irosraine Podtively ont appearance of PatJtooney!’ I'at loonoy!! %he gulding Spirit of Lulitcking triah Comedy, Jobnion an 0, thi great Polyiiot sonz nnd Hance Areiat *opulur Comedian from the principal Little: Mac'n Baby Elepl gl Harta g Judse Bunnon. Bily Kice, ‘o AL Hall Bolby Sew cumb, the great doulle quintetto mad uncguated Orchéstra, THE, COLISEUM. 7 Clark-at, Every Evening at 8 o'clock and Sunday After- noon at 3, X nent of the MOSTON COMIC OPERA COMPANY, ~ANGIE SCHOTT In her Tilusion la Kalon dn Diahble. and the 3ammoth Coliseum g iant Olio. Admission 5 contd. 0L, WOOD'S MUSEUM, RODERT McWARE In RIP VAS WISKLE Every eyening and Wednerday and Saturday Statl- nece. Monduy, Tuesday. Thureduy, and Friday Matinees, HIDDEN HAND. SUMMER RESORTS, CONGRESS HALL, Savaloza Springs, M, ¥, This elegant hotel, posacasing the edvantage of heing altunted between nnd adjoining the celebrated Comgrenn an Hathorn Springs, 1§ now open far the receptlon of s TERMS JUNE, $21 PER WEEK. Thoronghly renovated with additional bathe, closets, new’ farniture, and other extenslve im- {flm‘cmcnu‘ 1t will be found, by those in search of health and plearure, the moet’ complete anid con- venicnt, 68 well Ba the most delightfol of suniner hotels. HATHORN & COOKE, Proprietors, WEST END HOTEL, LONG BRANOII. Thia Hotel, with large _additions and fmprovs. ments, consiating of SEVENTY SINGLE HOOMS for_gentlemen, an_ additional dinfnz-roam, o ot and Cold Sen-\Water Bathing Establishment, etc., WILL OPEN EARLY IN JUNB, Appileations for roomn can be made at the offico of U, M. HILDRETIL 62 “nmdwa{ N. Y., orat the Hutel, PRESBURY & HILDRETH. CAPE MAY, NEW JERSEY.—Elegant cotlago- baurding, slording every comfort, with the wd- vuntage of sea-nir and bathing, within two Lhoura' run of Philadelphia. ond just tho place to stop at while on o visit 10 the Centennfal, Beel of refor. enceglven. Address, 2 . MiS. F. HALLENDECK. PROPOSAL! PROPOSALS. The Board of Trustees of the Town of Clcera, In the County of Couk, und State of Iliinols,” will 're- celve Senled Proposaly at theoflce of tha Cleri uf #ald Bonrd, (nanld Town, untll Saturdny, Jine 10 1870, 816 'o'clock p. m.' for furnishing materal and 'constructing a Dox-Sewer along Ridgeland- av. in eatd Town from Egan-av. to Division-st., distance of 613 miles, in decordance viith plans dud apecifications to be seen at the office of James W, Scovllle, No. 110 Weat Washington-st., Chicaro. Separat proposals wlii be received for’ench half- mille, and Lidders moy submit proposals for elther tho whole of & part of the work. The rlzlit to reject any ur all bids s reserved. 1y order of the Board of Trustecs, JHARVEY J. RICE, Clerk, Auntin P, 0., Couk Co., 111, FINANCIAL. 100 i, $1.700 Paid a Profit of ¥4 during the past few monthm, ander our {mproved syatem of operating in Ktocks. Rivks reduced to nnm'hxfll Aue n"il pmfl(:lncrl'm‘l:;d. "lmuk coutaine g Infe i1 nt on upplieation. oz fait-furarsus) n“!'rl‘l'l\llil(ll MGE & 00, New York, Dankers and Iirokers, 2 Wall-t, 7T MEDICAL CAKD! Lock Hospital, cor. Washington & Franklin-sts. Chartered by the State of 1itinals for the expr Pobe of gheing iumediato rellef In vl casen of privi Pironle! and rluary discasea th sll thelr comp) 14 1 well kiiaw i that DI JANES Lus atood st the Bead of tha professlon (OF Lie Pt veurs, Agdand expertenc are Allinportant, Sewiiul Weakaoas, BN losses by o feavn the face. loat man® urnd, Ladics wanting (he mose. "leasant builo ( - c«mutlr'llun‘:‘llv;h;'lna ‘. T 107 b, e Bun A Dbt MEICLDY cougdvBtL NOCURE! 3wt Dr. Kean, 175 South Glark-st., corner of Monroe, Chicagd, May be couuited, persoually or by uiall, freo of chal T esroue vy e vouh detten, DIt J. T EAN 21D Oniy physician in the cily who WATTABLECUTES O RO iy, (itice bours, 9 a. . W8P, t Dundays from U W I DR. 0. BIGELOW HAS REMOVED from 370 Suuth Clark st., Ten, 108 Weat Mudisoli st cor. Jufterso, Clilc audhea hisd for thu pasl bwly, years tho Iarge, ticw (0 We cly for Chronic aud Sexual iscases. Weaknoss curedsafcly, privat Taoiphick, 33 relatug scut In_sealed eavelops, o Broent statnps. nen, * Consuliatiur Wiz, {1 Bl Pathulogy, " 20 1arge-alze pages, euilracing evcey« ikinion enerative systeit Vi s wortls Khowit gy Price, 50 Cta. iro 7 110 Fifthoav.,Chicaqo, teats ull DR. L ‘Acuto. Chirunic, sad_Kurvous acusce s Fémsle DOBCUlilce. CUATAve moddTale w1 todical Specilice the ualy sure preventive T Ear “Otfices shricily privatc, and scparate 100 Bt wna Keatiemen Cortespoudence: contde £r, M OF rico, with aanipy I Engilali, ¥reac, i [ ENYOUS EXHATSTION A ME) CoMpEIuK § scrles of déctures de Bilautis bf Aeiomy. Kou York, on i of prewature decitat, puLkbLy cralneil, aftordlag a clear synupals of tho Leulth sy be rexalneit ng Jnopals ot e lage, A U0 Lres! g R funce. Price 23 cents. Addreas the suihc H ALN,oflce and realdence 51 Basti Tenth. , Now X oo 1-1:1":501{1171;}0& 'l‘yum ' ire Of ‘sakne Losh B e e Sisosdure brought oo by ladise crotdons of ¢xcess. Apy dmuxlu hay m:{w suts. YAdkd"u DAVILSQN €0., Bozx ' ew Yorl A e SHICAL ESSA vered at Kahn'