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

TIHLE CHICAGO TRIBUNE: ‘TIIURSDAY. JULY G, 1876, THE LAW. A Oholce Collection of Su- preme Court Decisions. Northwestern University Must Pay Taxes on Its Leased Property. The (uly that Actually Used for Educational ' Purposos Can Do Exompted. Various Objectlons to tho Dears born Strecet Asscssment Disposod Of. fia Contestant Wins Through tho Fault of the City's Counsel. The Whole Board of Trade Option Busle ness Declared fllegul. Record of Business Transactod in the Ohi- cogo Qourts Yestorday, NOT BXEMPT. TAXTNG THE NORTUWESTONN UNIVERSITY, Following 1a the decisfon recently given by the 8upreme Court holding that the property of the Northwestern University st Ewanston, which is not directly used by it for educational purposcs, is subject to taxation: . This appeal 1a from n_judgment rendersd h{ the @aok County Court agalnat certain lands and town Tots In_ the towns of Evanston and Wilmette, In Couk County, for delinquent tazes Appellant’s claim ia tlat the Jands and tosm lota aro exanpt from all tazation, which claim le based an the fourth eectlan of an amendment to ita char- ter, approved Feb, 14, 1855, In theso word: it all property, of whatever kind or descrip- tlon, bolonging to or owned by sald corporation, #hal) bo farovr fre from taxailon for any aud fl purpones.” 1t s conceded, by a stipnlation read $n evidence on the trial in the Court below and made part of the rucord, that tho lands and town lots, tho taxa- tlon on which ia ‘in_controversy, '*ara lcased hy appellant to different portics on leascs for a longer or ashorter time, and that nonc of them are uscd or occupled for buildings ar other direct appliances for cdueation. ** The question we propose to consider (s, conced- ing that tho clause we have quoted from apipeliarit's charter (s, as It acews to be, broad enough to cotn- prehend ‘thesn Innds and town lots, was it compe. tent for tho Goneral Ansembly, under the Constity tlon of 1848, which was in force at the date of that enactment, to GRANT AN EXEMPTION S0 BROAD AND SOSWREP- NG IN IT3 CITARACTERT It was provided by Sec, 8, Act. IX, of that {nstru. ment, **'The property of the Stato and countles, Doth real and personal, and such other property o the General Assembly may deom neccesary for schools, religious and charitable purposes, may be cxempted from tazation, * It is not clatmed tllltlz!]'mllnnt iz, Inany scnso, a publie v:ur.mmflfln: but it is clalmed thatthe pur- se for which it is created inso far hencficlal to Y;I’a public that it affords a suflicient consideration for the grant of cxemption from taxation in tho amendment, and that when the amendment was accepted and acted upon by the corporations it must ba held a vested right, which cannot ba with- drawn by subscquent legislution, becaurs of the provision in the Conatitation of the United States, which probibits o State from passing a luw hinpals: lni: the obllgation of a contract, t it was competent for the General Assombly to mako the exemption, we ore not disposed to con- teat the corrociness of this position; but if it was not competent Lo make the exeuption, tho attempt wasa nuility, and the caso {8 not nifected by the Conatltution of the United Btates, Tho corporation belng private, the tax-payer, general, 18 rolioved of no obligafion fn consequonce of tho excmption which o would otherwlse have to dluchargo by the payment of laxes, and, in pronor- tion as uppellant bocomen the owner of Pm[wrly which 18 thercby withdrawn from taxation, the burden of taxation Is increased upon him, The equallty between burdon and benefit, fn sach casos, is presumptive only: andcan, if ot all, only Dotrue in fact In roferonco to the public as an ag- grogato, Inthe very naturo of things such cxemp- tions must, proportionately, increase tho burdens upon individual tax-payers, In many cascs, where thero can be wo ' corresponding ncte wal benedt. Tt s true, It i imprace ticable that thore can, n any instance of tholevy and collection of public inxes, boan actual equivalent recelved by every tax-payer for the full amount e pays; or that there can be any syatem of taxntion devised so porfect In ita practi- ca) operation that thero shall be no inequality in the distribution of -the burden—but it has always Ueen recopnized that laws fmposing taxea aro-just and oquitable in_ proportion ua they approximata + such princlples, and unjust and inequliablo as they depart from them. The fienerul rinciple npon which tazatlon was required to Le Jovied by tha* Constitation of 1848 was that of uniformity, and RXEMPTIONS WENE RXCEPTIONALy AND, THERE- FORE, TO NE CONSTRURD STRICTLY ¥ and such in tha gencral rulo of conetructios n ro- mard to exemptions from taxation. Cooloy on ‘Tazation, 140, Bedgwick on State and Court Law, As fa sald in o recent caro by the Supreme Conrt of tho United Statcs, ~Tuckor va. Ferguson, 22 Wallace, 573,~**Tlie taxing power favital to the functions of gpovernment, It helps to support the noclal compact and glve it efileacy. It reaches tho intereat of every member of the community. It may be restrained by contract in speclal cascs for the public gowd, where such coniracts are not for- Didden, Jut the contract must be shiown to oxist. "There fa no ENFIHIIN'OI‘ in ts favor. Ivery rca- eonublo doubtahonld by resolved agalnstit, Whore -t exirta It b la be rlgidly ecratinlzed, and nover ermitted to oxtend, either in scopo or duration, eyond what the terms of the concessfon clenrly require, It Is in derogation of ’mbllo right, and narrows n trast for the good of ail,* Dearing {n mind this rule of construction, if it Tiad heen intonded the General Assombly was to bo empowered to excupt all property, of whatever kind or deecrlption, sd {8 assumeql to Lo done by the amendinent ta the charter, wo must supposa {t would have heen fo rald In onmistakable Ianguage, Ty the Innguage of the Constitution we have quoted, while a dlscretlon [s conforred vn the Gon. -ernl Assembly whether to exempt or not, and, if it ghall detormine to exeipt, the amount of the ex. emption, 1t {8 CLEARLY RESTRICTED IN TH® EXKRCISE OF THIS DISCRETION, to property for schuols, and for religious and charltuble purposcs, Propurty fur such parposas, n tho primary and ordinary acceptation of tho. forn, 18 proporty wulch s, itaclf, adapted to and Intended to bhe uwed us an Instrumentality In uld of soch purposes, It 13 the dircet or immeédiate use, snd not the ramoto or consvquential beneslt to b derived through the means of the propurty, that Is contemplated, Houses, furn to be actunlly wuned for el |Lur|llll0l|lllly Lo auld to he for Achool purposeas but property to he used in urming or wanufacturing, or In trade, {s proporly or fariilng, for manufscturing, or for trade, and tho purpose to which tho resnlting profits may bo duvotod does not clungy It chumcter, Bo prop- crty owned by corporntions creatod school, religious, or charitablo pu; and property for schools or religious or charituble pnrposcs, by no means necessarily mean the sawe thing, The ownorship mny exteni to all kinds of property authorlzed by the charter, whothor it fa such as 14 to Le nctually used jn tons ncction with the purposes of the incorporation or othiorwiso: but broparly for the purposs of (ho fncorporation must bo such as to b used fu con- nection yith thoso purposes, An accurate ducl’lil- tion of the property the tax upon which s in controversy would rcem to he “prorun.y used for proiit, for the benefit of the University. ' As {llustrotive, and in lummllo' this construc. tlon, the following cases, which, thongharising on thie conatruction of atatutes, are equally pertinont 1o the conatruction of like clauscs in co) may bo referred to. Inthe First M. E, Churl T City of Chicago, 20 Il., 472, the quextion was, whether, undur o atatute exumktlng from taxation *tavery bullding erocted for thu use of any litar- ary, rellglous, benevolout, charltable, or eciontifio Diatitution, " a building was exempted of whichi the third and fourth storivs were in one large room, usad exclustvely for religlous purposcs, while tho st and second storfus were rented for compensas Hlon and the proceeds applled to_ religions purpo- ses; aud It was held Lho portion rented for compensation was tazable, tlon occupled for - raligious not, The Court reald; ~ ** meuning the'law fs, as applicd to religions buildings and farnitnee, that thoy must bo used directly for sacred and not for soculor purposes. It is not cnough that thy qmflu or fucome of the secular usca are to be If,[l led to sacred purpos When mioney is madoe by the tho bulldin and the purpuscs por- u that'fa pml\ll. no matler to what purposo thst wonoy fs applied. P& :Ill be alunnu‘d that the words of the statnto n there, in di bing the huilding to be ex- empted, d An{ buflding for the use of any literary or religlona soclety,™ etc. { snd the wrgument that the fuct that the proits durlvod from renting wero dovotod excluslvoly to rella'- fous purposce showed that thu rvoms rented, 3 well 28 the balanco, woro for tho uso of the roli- lous woclety, waa vqually o4 forclble, and rested on ho same protnlscs asdoed the argument here that the property 16 for achools, or tha purposus of schools, slthough it 14 devoted to ngricultural or othar pure poseu entirely disconnected from lchwll| be- canwo the proty to be derlved from reuting it a1 to ba appropriuted in ald of the Univeraity. n Picrce yp, ‘ho Inbabitants of Cambridge, 2 Cushing, 0181 tho statute excmpted from tazation $41Chg personal property of il litebary, Lenovos lcut, chiaritablo, and scicntific {nstitutlons, and such real estato bolongiug to such justitutions oa shall Lo actually occupied by thew, or by the oficers of such Inatitulions, FOU TUB FUNPOSES VOIL WIICH THEY WENR ¢ n\'culu‘DllA’rul'n‘;l thomatics and The platutif wus s Professor of Dl Astrobouy it Marvard Cotluge, aud tho houso aud tand which he occupled was the property of the college, hut’ bad Been Intto. him ot ront of $400 8 year, and the question was whether this propierty was within the esemption of the statute, € was feld that (L was not,—that the oecapation of Alonsca waa notsuch an accupotion s wea in- tended by the statute, hut that It wonld have been otherwine If the bullding had been orected by one of the Profesrors or ofiicers of the college, and had Leen occnpled by the plaintit with the permis- tlon of “the collego, and without ng Any eatate therein, or paying any rent therefor. aalibarn Coliega” va, Commissioners of Shawnca County, ¥ Kansns, whether & quarter. 4, presented the queation ction of land held by the plnin- T, which was & llterary and eduentfonal inati- tutlon, for the sole purposc of iercafter erecting ita permanent bulldings thereon, hus which waa at thal time unimproved and unoccnpird, was excimpt from tazation under a clauso in & statute exempt. ing from taxation *'all groperty nscd excitaively for State, county, moniipal, fiterary, education; al, ecientifio, relizions, and charitable " and [t was held that 1L was not. _ Baker, 4 Ind., 80; Motliodist Church va. Ellis, Ind., B3 Lowell va, Lowell, 1 Mote, , K} State Rtoss, 4'Zabrisklo, 407; Wyman v, 5L ‘Louis, Mo., 335, A 0UN_CONCLUSION [z that 1t was not competent for the General An- rembly to exempt frehn taxation property owned hy edueation religions, or charitable corpora- tions, which was not iteelf used dircctly in ald of s prpunes for which (he corpnration wery creat. ed, but which was held for profit merely, althongh the profits were to lie devotedl to the &m!:cr pure onoa of the corporation. To the oxient, there e, that the fonrth section of the amentiment to appoliant’s charter, approved Feb, 14, 1B3G, ns- aumnes to do no, It is to bo consldered vold and of no edect, but no furthaer. The judgment I8 aflirmed. DEARBORN STREET. Following 18 the opinfon of the Bupreme Court, deltvered by Bheldon, J., in tho case of Alexander E, GQuild, Jr., vs. The City of Chica- go on on appeal from the Buperior Court of Caok County June 80, 1876 g This 1n a0 appenl from an order of conflacation by the Suporlor Court of Cook Connty of a npecial aascasment which had heen mada_by Commlsson- ers for the public improvement of upenlag nnd ex- tending Dearborn ntreet in the Cily of Chicago from Jackson etreat to Fourteonth® street. The assesament procecdln:is wero had under the pro- vislons of Art. IX, of an act of tho Uencral As- aembly of this State, cntitled * An act to provide for the incorporation of citien and_viliages,” ape proved April 10, 1672, Lawa 1871-72, paira 218, ficc, hi of sald article provides that *‘any city or incorporated town or village tnay, it it shail so “do- termine, by urdinance adapt the provisions of this article without ndopting the whole of thin act, and where It shall have so adopted thin artlcle, [t shal have the right to take all proccedings in this arti- ¢le provideil for and have thu benefit of all the pro- vislone hiereof.** ‘Fhe Common Council of the Uity of Ehlu}rfll;filflptnd this article by ordinance passed Feb, 2, TNE PINST ODAECTION taken to this nsscsament I8 that the ordinance of ndoption of this article 18 nutl and void for tho rea- son that anid Scc. G4, which provides for auch " adoption uf the article, In unconstitutional, be- canne, Jirat—The anbject of that section snot exprees. cd in the titlo of the act, and o this action is In violation of that p{nvl»lnn of the Conatitution that *+No act berealtek paased shall embrace tore than one subject, and that shall be expressed in the title." "The argnmunt in that the titlo of the act ia for the Incorporation of citics and villages—the or- ganization of municipalities—but that Scc. 51 docs not respect tho organization of any munlci- polity, but the amendment only of oxieting chariers, Which Is a diffcrent snbject. The act proyldes not only thnt existing citics and (neorpor- ated towna may adopt this niuth article of the act, but that thoy may bocome incorporated under the act, The argmment employed wanld Joad to the cxtent that the whole act i« unconstitutional so far as it relates to existing citles and incorpornted towns, {4 boing Amom'!‘alnry of prior lawa applica- ble to them. l‘r the adoption of the "entlre act, sny _existing city or incorporated towa wonld become - wholly fncorpor. ated wundor the act. DBy the adoption of the G4th section alone, it might be regarded as in- corporating to that extent undor the act. Any- thing lef Ifimntuly appertaining to the incorporn- tion of citica and villuges we regard as germatie to the subject, expressed in the title, and that this section does rlmrwdn to such purpose. Sce The Teopla vs. Wright, 70 Iil,, 388, Second—Again, sald Scc. 54 Is clnimed to bo unconstitutional” for tho reason that tho Leg- winture thereln delegate the power of leg- islation to clties, towns, ~and _ villages which by the conatitution, 1t dlone can oxercise. Wo regard this question assctiled in this Htata by former dccielons of this Court. 1n Tho People va, licynolds, b Gllm., 1 and Tho eaple va, Balomon, 51 1L, 56, the vnl(dllr of laws was sustalned, which depended for thelr golng into effect upon the result of a majority of the voles of the people of the localitics to ho affected by the laws, It wasthers sald that n law ma dv'i(“ml upon a futuro event or contingency for [ts taking ellect, and that conunfonuy may arjea from the voluntary act of others,—that the contin- gency may as well o the reault of Uhc vote of tha people of the Joenlity tobo al- fected by *he law as_any oflier, This Art. IX., alone and by itself, disjolned from the reat of (ho nct, In ordor to have aporation in auy city, incor- rumlu(l town, or village, depended for Ita golug nto effect upon the futuro event or contingency of iho passaga of an ovdinance for Ita adoption. “The contingency micht as well bo the adoption of the article by an ordinance ns tha adoption of It by o vota of the prople. Under the principle of those decislond, ghis hrith section does not confllct with tho Constitution {n this respect clatmed, | Third—A furthor reason why Sac, 04 {8 said to o unconstitutional i that the Logislatnre theroln attempt to exerciso o power which, by the Consti« tutlon, it Is inhibited from excrclsing, viz.: To change, extond, or amend an oxieting charter, Tha constitutlonal provision rellcd upon 1o thin hebalf ls: **The General Assembly shall local or speclal laws . . . ., incorporating citics, towns, or villages, or chnnqlnwr amending the cliarter of any city of village." Had the sec- tion heen made ta apply to some ono city or villnge alona thera would hinve been forco In ‘the objec. tion. 1t would then have buen a local and special Inw changing or smending the charterof a city ar village, Butthis provision is not one of “that character, 1t in a gencral provision allke 1pplicu- ble to and equally affccting all cltica and vi‘llr‘l:es. and not within the provision of this Constltutlonal inhibition. - The pr.n[llc vs, Wright supra. Itis objected that the ordivance providing for this improvement {s void as {t i PROVIDES FOL TUR EXENCISE OF TIE TAXING POWER in another and diffcrent wanner from that prescribe ed by law. Eec. D of Art, TX.Yot tho Conatitatinn nrovides: +'ho Genoral Assembly may vest the corporato authoriticaof clties, towns, and villages with pow- or to make local impravements by epccial assess; ment or by apeclal taxation of contliguous proporty, oF othcrwise, " Bec, 1 of Art TX. of the act In question providen: *+T'hat tho corpornte ahthoritiea of cities and vil- Jages aro horeby vested with powar to muke local impravements by special assessmont, or by special taxation, or both of contiguous profierty, ne by genersl taxatlon, or otherwive, as they ahali by or- dinance provide.” The ordinance directing the fmprovement pro- videa: That sald Improvement ahall be madq and the cost thercof pald for by a special asaeasment or be Jovied upon thu property to bo benefited there- Ly Lo the amount thint the aanie may be legally na. siased therefor, and the remafnder of such cost to not poass Do paid by general taxation, e pafnt of the objeciion 1 that the law con. forring the power to make local lmprovements by specinl naxcssments limits its exerelse ta contigu- ous property, and that tho_ordinance entirely dis- rogards this limitation. There are other partions of this Scc, 1X. or Art, IX., which seeni to con- template that the sascssment he made npon such properly ns mn{ be apeclally benciited, without regard ‘to whetfier it bie contlfnous or not. The Jaw In thia respect should recelve a construction to make it conforim to the Constitution, It 18 contended on the part of uppellant that the constitutionnl Sruvlllun that corparate authorltios miny be veated with lluvlur **10 malte local im- provements by rpecinf taxation of contiguans property or “otherwise,’ confirme the ~sub. ect of special nsscasment to contiguous property —that word ** contigunua ™ heee relates an well to special annessment as to epecial taxation, and apeclal ausessment must be upon contlgnons property, It {s insisted on the other hiand that the worl ‘Vcontiguons' does not apply to speclal as- sessment, but only to apecial taxation, sa that It is pecial tazeiion which (s to be up ous Dropm( Icn\'lnx;' the aubject of apioc ment anreafricted. 'That as before the adoption of the presont Constitntion a valld v‘m:l-l asscasmant had Leen recugnized and dellned by decisjonas of this Court as an ssscesment upon all property dpecially benefitad by the Improvement not more than tho benefds confurred, and in proportion to lenofts without any lmitation to contiguons property, tha Constitniion 1d Lo unde tood 84 having used the words * cial Asacssmeut'’ in tho sawe sonse, After & full cons sideration of the respective arguments tnon the qnelll‘nAn’ we arrivé at the conclusion that the word *'contigunus” ae nsed In this constitutional rmvlllnn. apoiies to special asncosmuent as well as o special taxation, and that the special asseasment therolt contemplatod fs ane upon contiguous prop- erty. Butalthough then it fu to be rogarded aa the meaning of tho Constitution and stafute that thy special as ment ls to he upon contiguons props erty, sod ordinance directa it (o ba levied upun the pvu]uny to be benofited by the Jmprovement gie., without Hnutatien to contiguous property, t! ordlnance would not for that reason ba vold. If the u::»;-rlxwaln \‘:]n‘.l‘lln hc': xlxagdn upon contiguous property, ¢ upheld, nol boubral ferins of the ordnance, " " Hat8udlag tho A POINT 18 MADB that the Conatitutlon does uot confor the power to sutharize local Improvements to be made by ‘*genoral taxatfon.' and that the ordinsnce for the unproyement, In eg far as It provides (b any art of the cost ahall ba pald by general taxation u vold, Werg that even a0, wo fall 10 seo the forca of the abjuction as bearing upon thequestion erw fuvalved, which (s nub one respecting the hin- puh‘lnuln" any ux:aul ul:x. l‘"‘:\l‘ wnlfi Pt inent wolely, su o polutls dlsmi; lnlilll-\lfl ;ml"u, i ‘.: it ascd withont s furthier objec at the s ent. aa Fetiivied by the Commissloners. ko 1o o inent, is defcctive in 1he reapoct that thery i NO MAP ACCOMPANTING THE 8AMY, 88 by law regulred. Sec. £5uf Art. IX,of the act as originully passed did require the Commia- siuncra make 8 mup showing the lots to by oepeited by tho improvement, aud to wark on eith “lot shown lu thy wap thy suount asscased agaiust L Laws '71 aud Vs Pago 201, This sttlou waa repouled by an act sp- qud April 25, 1873, in force July 1, TR73.— Lawa of 1873, page 0. Scc. 200f Art. 1X., which, n nrlmmll‘? ‘panacd, required the Commirsfonera 1o certify Uio map with the aasearment roll to the Court, was amendod by an act which took effect March 30, 1874. Ry ihe section ao amended no map in necessary ta accompany the roil, —Rerlsed Btat., 1874, Bec, 140, Tho assossment in quen- tlon wan made fn 1876, Tlie title of tha repealing actof 187318 4 An act to repeal Sec. 26 and to amend Seca, 27 and 28 of an act entitled *Anact to pravide for the Incorporation of cities and vil- lafleu. approved Aptll 10, 1872, 'he posltion taken Ia that Lhis ropeal and amend- ment du not change the law as reapecta the City of Chicago; that upon the ardoption by the Com- mon Council of {lie City of Chicago of Art. IX. of tho act, that arlicle 18 respects the city of Chicago ceased to be Article IX. of an act entitled **An act tc provide for tho incorporation of citics and villages," but hecamo from that time fortha part of and ono of the provislons In the Cily Charter in the city of Chica- ‘m: Uhat the rcpesling act ts limited to'the general nw, 2a it does not profess tu extend to any city charter which tha city bad adopied and made Ar- tlcle 1X. & part of "Its chartcr; that upun the familiar principles applicable to general and par- ticalar etatates, the repiesl cannot be held to ex- tnd to ln{lnch city charter, The same arrument would apply ta the esse of a clty which had becomn incorporated under and adopted the whole of the Act, and no amendment simply of the act or repeal afinyof ita proyisiona wanld spply to such city, unlean 1t were included by expreas referencs. We know of no good ground upon which to reat for mapport such s position. By tho procers of adoption by 8 city of thin article of the act, tie articie {a not iaken ont of the act and {8 no longer a part thereof, and incore me(td Into and matle lcum\mnunt {un of a dif. erent law, to-wit.: the ity Charter, Tha act etill remaine o{-emlvn in all Its parts in reapect to all citien and villages in the State, Any unqualificd amendment of the article qr repoal af nll{' of {ta provisfons affects the artlcle in ita appllcation uni- versally to all the cities'and villages In the State, Irreapcctive of the cirenmatanco of ita having or not been praviously adopted by any city or village, ‘The only effect In thls wize of any auch adoption of the article s to make it operative inacity or villaze where iL was not operatlve before. “The hnndlnF and sabject matter of this Art. IX s !‘epecial asscanment for local improvementa,” In tho making, thercof nlnce Lho adoptinn of this article, the City of for ita suthorlty and gnido of action, lonka to Art. IX. of ** Anact to ‘amvhlc for the Incorporation of citien and vilinges, " ani not to ita city charter as a distinct thing thorefrom, and it is governed by Art, IX,, notas it was at the time of ‘ita adoption by the cllk hut as it {s at the time when actlon comen ta taken therennder, At the time of the making of the nesessment in question, the Comwissloners, for information na to thelr duty, bad recurrence to Art. IX, of this acl of the General Assemsbly. They fonnd there was no provision requiring a map to be made or return. ed with the assossmenteroll, True, there wos atich a proviaion thereln at the timo of ita adoption by the city, but it had since been repenled, and the article contained no such pravision atthe time when tho Commisefoners acted, and lhls’y were not required to make or returna map with the asseasment roll. The effect of the con- structlon coutended for would bo to thwart the purpoaca of tho act In securing uniformity In the charters of citles and villages, a8 every change in the luw by the Leginlature would operute to pro- duco differences in auch charters. 1t 18 claimed that the ordinance fl[rnclm? thin improvement was vold, for renson that the Hoard of Public Works of the City of Chicago had never made & report recommending or disapproving the work. with & statement of the expenso thercof, as tormerly required by the charter of the city. Ac- cording’ to Sec. 20 of Art. IX,, the Clty Councll are requlred to appoint three of ita incmbers, or any other three coinpetent persons, to esti- mate and report the cost of the fmprovement con- templated. Whetlier or not the Cily Cauncl) might lvve pursued {n this reepeet the former provision of the City Charter we can have nodoubt {hiere was a right here to proceed under Art. IX., and there waano mare required than to follow the modo thore prescribed, The -report of the Board of Public’ Worke was not necoesary; (t was required under any of the provisions of Art. IX. It 1s objected that there Is no proof showing that the Common Councll EVER PASSED ANY ORDINANCE directing thin Improvement. The Court ex- cluded the ordinonce when it wua offerod in evidence before the jury, and rightly, It was not _competent evidence 1o 'go to the fury under the [ssuce, The only fesucs 1o be determined by the Jury were whether the property of the appellant s ugacased more or leas thau {t'was benefited or tnore or less than its proportionate ehare of the cost of the improvement, and the amount forwhich 1t onght o ba Asaessed. - Sec, 41, Art. 1X. 'he same remarks are n’rpllcnble to the excinslon of the nlIlufl of the Board of Public Works ns evi- dence beloro the Jury. The gronnd of Ita exclusion by the Court waa **that the report was already beo- fore the Court and jury 8a pleadings," Any ques. tionarising upon the report, aswell asthe ordlnance, was one for the Cuurgi The transcript of the record does not contaln the original petition In the condemnation procoedings nor the nupglemental ctitlon in tho aascssment proceeding, Nor doe t purport to be a complete copy of the record, A certified copy of the ordinancé muast havo been n o part of the original petitlon for condemnatlon: Soc, G of Art, IX reqalres that the petition slinli contain the same. This aseesainent was In that name qrnceodlnm—ficn. 69, Art, IX, The supple- mental petition for the aesorament ia reguired to ruclte the ordinance for the improvoment and the roport of the Commission na to [ts cost.—Sec, 22, rt, 3 A&llm"fllll Iu the Court be- low recogmized ond ftreated the ordinance usnpart of the record. Icfore the impaneling of tho jury he moved to dismiss the proceedings bo- cane the ordinance providiag for the impravement waa Iliegal and void, and the same reason was mada one of the grounds of Lils motion in srrest of judg- went. The objectlon Is without merit. 1t in Inalsted that the Court below.orred Innot awarding appellant. A BEPARATE ‘fAL. The language of Scc, 34, Art. IX., taken in con- nection with prior sectlon rolative 'to the pracoed. s an application for judgment, wonld seem to show that o singlo hearlnz and_a slnglo Judgment, several in effect, were contemplatediby thie law, We think, at, most that the allowinzor not of n separato trial was but a matter of discretion with the Court below, and thore fano ground to think “lm Jllacn:llun of the Court was improperly exer- cised, IT 18 ASSIONED A8 AN ERIOR that the witncss Benze, onc of the Commirsioners who made the nssessinont, was not permitted to anewer the question whether, in the asseasment of the praperty along the lloe of Dearborn atreet, hie had establisbed rume seale increasing and decrens- i as ho went toward and from the contemplated fmprovement, and how, In ssscasing the north and south half of nppn!lanl’l lot, ho arrivea at a difference of §1,12. Appellant's counsel Atate that they reat the propriety of ~ theso quesifons upon tho du- clalonnof this Court In Clty of Chicago va, Lamed, H llinola; and Crock vu. Clty of Chilcago, 54 1111+ nols, 42K, where n the fornier case il wns held that an asecasment not in proportion to benofits, Dut 1n proportion to frontagy, is uncanstitutional, and in tho latter that evidence offered to show that tho cost of an finprovement was azscared in pro- lmruun to frontage wis comnctent. Tho applica- lon of tho cancs is not porceived, Tho questions asked wora not whother the nascrsment wus mado ln‘rmpnnlunmfmnm ¢, Thedeclsfons were under adlfferent law, Bee, 24, Art, IX, prescribeathe basly upon which assessmenta shall he made, which con- fornis to the decisions of this Court an to what 1s the right basis, Even If the Commisstonors, Iu making tholr aseessnient, procoedod upona wroms hasle, their asscssment waw not controlling, and See, 31, Art IX, provides that on the hearlng oith. er party may {nlrgduce such othier ovidonce oa may tend to establish the right of the mattor, The quesiion unon the hearing was whether ap. pellant's land kas heon asecascd more thau It was henefited, or more -than 1ts proportionate share, And it wis gono Intoat largo by the cvldence of uite a nutrer of witnes on both aldes intro. uced bufare the Jury. Thoro {8 no ground for the objection. APPELLANT'S PIVTI OBJECTION In the Court below, on the application for Judgmont on the assersuient, wan that the objcclor's Janit was tot contigudus to the lmprovement and could n0t bo saxesscil, and upon hie attompting (o prove that it was not so contiguous that fact wus ad. mitted by the appelice. They admitted away the causc of the appelles, we hold that nnder the Conatitution and statute the authority was to muks mpceinl aascssmenta anly on contiguons propert; and, (his asscavment not hlvlmilman wade on coi Uuouw property, 1t was unsuthorized and fllegal, But we do not adopt lrl\u!lllll‘u definition of tho term coutigaons t 11 1s to ba uned in fta strictly ctymological — meaning of touching, und to ba fo property Webster cenfincd ting on. the _ improvementa, inhis dictionary defines It as **toaching,” but adds that the ward fa somelimes used in & wider senew, thougl pot Wil strict propriety, for ' & acent " ¢ near,™ withont bal “l‘ abaolutely contenst, e think that {tfa in thls wider sende in which the word {s used In the Constitution, and that 1t [o not neccasary to coma within the meaning of contiguous proporly that the property should abut on the Improvement. It may bo that the property asscescd was I fact contlgnous property dlng to the scope which we wobld give to the term coutiguous, but tho admisslon is fafal. . On the ground of this admlission the refised ine struction un this head should bave heen glven and tho motlon for a now trial abiould have boen granted fnetean of bolng overruled. The judgment fs revorsed and cause remanded. Judguiens reversed. OI'TIONS WELD 7O I8 ILLEGAL, Following is the opinlon of tho Bupreme Cuurt (detivered by Scott, C. J.) in the casc of Aquila H. Plckeriug et al. va. Honry Cease, ap- pealed from theSuperior Court uf Cook County: ‘This controversy sriaes out of grain transactions between tho partles, about which thero doea not soemn to bo any serioun mivundorstanding, gxcopt a8 Lo two ** option deals " bu corn,—ouo for 10, Luslials for delivery in August and snoller for o liko amount for ‘delivery in uc'pmnbcr. Au amount was sdmitted Lo be due on former transac. tions, for which tha Court reudered judgment in favor of plaiutiffs and againat defendant, Cearc, who was (ho only defendant served with proces Haintiffa claluied that & Jarger sum W dus on the previous trausactions, but the amount was not couslderable, and pmhl‘fl' the sum found by the Court Is uearly If not entirely currect, ‘That, however, I not the mutter in dis- puto. 1t bas feferonce only o the two lut trana- actlons fn cory, and it Ls ki regard to thoss ftemn that \)Inlnllfll ring tho case to tLls Courton ap) Ui tho theory that plalntills, mado for defundants of corn for August and delivery, urchosey eptember stilly du vivw of the evidence, $he judg- Chleago, | Tad ment {a quite an Iarge rice plaintiiTa sold the corn after the alleged purchi hut 1iitle {F any lors e 1t onght to be. = higheat market hdre wonld have been d. Whether they wera directed todo ra, by defendants wana quertion of fact 10 be found by the court to whom the esuno wae submitted, On this question the tostimony was YLATLY CONTRADICTONT. 11 the Conrt lnlnrlud the theory of the defend- onts ths jadgment la warranted Dy the evidence. Clearly |t wan the province of the Court to dctar- mine which waa the better evidenco on that quens- tion, and we sre no resson o bodlasatisfied withithe concluslon reached. Bot there in another sonaidaration that ia fatal to a recovery in any ovent, su far A the two last deals aro concerned, “Thersian Micient cvidence that any geain waa in fact bought for defcndants for dn- livery in A{zqn-l or Koptembar, 8o far as anything ir proven, the alleced purchases are ?urelz flctt- tloun: The gratn plaintilt bought of Tntchinson wns imniedintely ‘sold bhack tn him. It was not er for, nor wan {t expecteil by the parties it would he called for or delivered. = T merely speculatiug in diffarénce valnes of grain on tho Chicagd wmarket, Buch eontracts are vold at common law a3 being inhibited by a sound public morality. They were Inno jurt eenso contracts with the &l‘("flegl of the redler to dellver at a fnture day. ime contracts are of daly occnrrence and muat of neceesity be in commerctal traneactions, Agreementa for the futura dellvery of graln or any other commodity arc not prohitited by the comwon faw, nor by any statute of this State, nor by any poliey adepted for the protection nf the public. hat “toe taw doea prohibit and what it deems detrimental to the gen- cral welfaro fa SPECULATING IN DIFPERENCES in market values, The nllezed eontracts for Angnst and Soptember come within this definltion. ~No graln was over bought and paid for, nor do \re think {t was ever expected any wonld be called for or that any would have Leen delivered had demand been made, Whi were these but “optlon conteacts™ in the most oh- scnre? that |, the seller fecl onable " had the rrlv!lcd:\y of deliverinz or not dellverinz, and the buyer the priviledzo of calling or not call. ing for the traln Just an they choso, On the ma- tutity of the coniracts they were to be filled by adfusting the difforencies in the market valucs. Being in the nature of gambling transactions, t Tow will tolerate no such contructe, ‘The judis ment [s for qulte as much ‘an It vught to bu under tho.evidence, and will be afifmed. Wilkinson, Sackett & Bean uppeared for ap- Imllnulu; McCoge, Culver & Butler for appel- ce. CIIICAGO. TRE METROFOLITAN RAILWAY COMPANT, The Chiengo West Division Lallway Company filed an answer yesterday In the United States Cireult Court to the supplemental bill of Jesse 1L Foster va.-The Metropolitan City Rajlway Company, the Chirago West Divislon Rallway Compuny and others. The original bill wasfiled to restruln the Metropolitun City Rallway Com- pany from laying a track on Lake und Canal streets, and au fnjunction was granted to pre- vent the Company from takingany steps in such direction. In disobedience of this order, fu Feb- ruary Iast the Metropolitan Company filed n petition in the County Court to have condemned the land necessary for such a purpose. The supplemental bill act out this fact, end asked for suinmnary relfef. The West Division Com- {mny admits the fact that soch pe- ition ~ was filed, ond states that In 1861 the Chlm{m cu{ Raltway Company, having tho right to luya frack on Luke and Cauval streets, ssurrendered that right on condition that no other unmpnnfy ahould he allowed such privilege. Al tha riglita, privileges, and duties of the_Chicago City Rullway Coyr}ptny on the West Slde were subsoquently transferred to tho West Division Raflway Company. The latter now claims that the eity has hroken lts agree- ment by giving the Metropolitan Rallway Cuin- pany Teave tolay o track on Lake and Canal streets, and thiat therefore the conditional Ixmmlne of the Chicago City Rallway Company 3 vold and not Linding, and {t or it& as- signee has the prior rizht over any _competitor to Iny such trock, The defendant avers its intentlon to use this newly-acquired righit and Iay a track on tue above-named atrects just as roon as public necesslty requires it. In furtherunce of this jo- tent it Board of Diroctors hiave passed resotu- tiona to take such steps toward the use and oc- cupation of such streets, or parts thereof, for the operating of ita franchises as might be law- ful for it to do without violating its contracts with the clty. A MALPRACTICE SUIT, o Judge Gary wns enguged yesterday in hearing the caso of Patrick Sniart v8. Dr. Edward W, Lec, anaction brought to rucovurt.’;lom damages for olleged malpractice. Smart claims that in the full of 1873, hiavivz had the bone of ouc of lis thighs fractured, he applied to Dr. Lee for treatment, but that the legivas set so carclessly and nnaklflrully that it was drawn up and reni- dered_ shortor “than the other, probubly occupy all day to-day. UNITED STATES COUNTS, ‘The National Life Insurance Cum[l\:my of Ver- mont fled a W against Williawm H. BN, Charles Hopkinson, C. W. Weston, J. K. Russell, as- siguce, C. N. Shipman, 1L Holtslander, O, T. Randall, 1. £. C. Danicls, Laura N. Stark, W. K. Nixol, administrator,of J, L. Btark, deccased, J. L, Sturk, Mary A, Stark, J. Y, and - Charles Dewey, to forcclose o mortgage for $25,000 made by W, A, Bill on Lot 1, in Blocks b and § of the Canal Tngs’leu‘a' lfl:bdl\'lalou of the south 2(), 89, 14 . fructlon pf Se BANKRUPTCY MATTERS, In the cnsu of Bangs Brothers an order was made yesterday authorizing the Assigncee to sell tho buukrupts’ stock of stuvea at public nuction, after giving three weeks' notice by publication., In theeuse of Burnett & Driggs the Asslence was authorized to advertise for bids, after three weeks! notico in the Galeaburg Kegister, SUFEIRIOR COURT IN RIIEY. Bernard Elnsteln et al,, for the use of Clay- burgh, Elnsteln & Co,, began o sult for &L5600 nm‘l’hl!t the Royul Cunadlun Insurance Company of Montreal, another for o like amount sgalnst the Girard Fire and Marine Insurance Company of Phitadelphin, and s third for the same sui sizatust tho Western Assuranee Company. Frederick Henning commenced an action in :.lrcnpnal agalust Otto Ecker to recover 85,000 uIIaUS. E. V. Biatehford and W, H. Bradlcy, trustees, brought sult tn dobt for §3,000 ngainst John B, Gerurd and Antoine Gateau, and another, for $2,000 agzulnst the sarpu partics, 3, B Pike sued W, 1L Btevenson and Edgur T, Paul for §2,600. QIBCUIT COURT. Willlatn_Tarner began a suft in replevin ngninst Alexauder Cussel & Co., and C. N, Adams to recover thirty head of stoers, valued ut $1,000. CRIMINAL COURT. Phinncas York was tried for Iareeny, found gullty, and given sixty &lu*‘n in the Bridewell. Dunlel Brnith was tried for resisting an ofticer, The jury fatled to ngree, aud the prisoner was Ischarged i The case will . TN CALL. Jupan Bropaerr—set cases and motlons of course. Junon Gany—Set cases 0,800, Petfes vs. Trown; 8,707, Thesks vs. Aguew; 8,720, Win- ship va, Villoge of Norwood Dark s 11,265, Craw- ford, va 1nycs, and 3,205, Rapliacl va, Secand Na- tiona) Banli, No, 6,540, Smurt vs. Lee, on trial. Junan Bootiu—Mutions. Jupap FanrweLL—Sct case 1,087, Calilll va. Ronayne. 1TEMS. It was noted In these columnns Monday that o foreclosure suit had been hegun In the " Clreuit Court apzuinst Robert Hervey, Azarlah Galt ct al. It ahould havy been added that Mr, Herve appears ax trustee only, und Mr, Gait os i successor fn the trust. JUDAMRNTS, UxiTen STATEA Cinctir Counr—Junas BLonarrr J. L. Wayne & Son vs. ‘Thomas L. I(amllllar. vore dict 31."’1 14, and motion for new tris| Burenion Count—Coxrrssions—A, 1. Morrison ve, Thomas U. Hotham, $5K0. y—I, 1. Grummies et al. vo, John T, 21,00, ~L. 8. 8weezoy ve. Frederick 62,20, —August zamwl- f“ al, vs. John and onédics A, Cox, §520.07. —Wlliawm Kerr va, Sam- Witkowaky, & L. L. Faton et al. ve. Adolyl Slfver, 815787, —arah Marple va. [light land " Park Bullding Uu\ulw"{' $1,242. 18, — E, F. Tlolllstor et al. va. Fraukiin N. Beckwith, 04:50.—\W. F. Coolbaugh va John F, Card, 52,75, —First ~ Natlona) Nank of Chicago ve. rmick Wood Munlding and BalldingCompany, 57.~D, De Castro vt _al. . Chauncey 'l $1,254.86.—K, Nerlsen _ve. Edwin 87,000.—J, L. Wayno & Son va. Jacob Wood ‘ve. W. W, White erwood, $221.0: —J. L. Meyers etal, vs, H, snd Charlce L. Beckwith, kS, 04, —J, C. Tucker va. Daniel Webater, 442, T4, —Josuph Pottar ctal, ve. Same, $478,77, — Diindla eust mud Suvings ank ve Algust Kop. acliand Robert Whitely, $1,120.—Q, W, arleld va lobert Burrows, $080, —Doment, Gray, Ritchlo & Co. ve, Jobh I Kroger, $117.14 Murry Nelson et ul, ve. Cameronand Jobn J. With- w, 82, 507,17, ¥l - < BN 78, —Norwood Land 2 Lullding As- 0 Warren ¥, lolden, $4,580.41.—Jo- seph Schlermeauer et al. ve. John K.. Kroger, $114. 30, —Eureka Coal Comnj Bl Chicago Plate & Dar}il Company, §1,070. G —Saws va. Mil- ton A, Jopuins, $433. 60,3, B Tylor, Tristes, eto., v Myron 11, Aldrich "$504. 8 e —e————— FLOODS IN THE COLUMBIA, To tha Kditor of The Tribuna. TBUMINUS O¥ NouTHERN PACIFIO RAJLROAD, TugeT Bouxp, June 31.—The floods lu the Co- lumbla are causiug great deatruction. When 1 left Portland this morning it waa lalf under wuter, aud the woret fs not yet. Onc and per- haps two feet wmore water nust come, as the suows are meltivg rapidly, Threo hotels are reportod swept away. u THE FIRST REGIMENT. A Melancholy Return from Madi= son to Chicago. The Train Wrecked Yesterday a Few Miles from Beloit. The Fireman Killed and Three Members of the Regiment Wounded, @eneral Smash-Up of Drums and Guns— The Maroh to Beloit. The city waa thrown into o fever of excite- ment yesterday forencon hy willd rumors of n dreadful acceident to the First Regiment, en route from Madison, Wis., to Chlcago. Onc report had it that the special Northwestern Railway traln bearing the boys had been thrown into Beloft River, and twenty-five lives lost. Auvother had three men killed outright and reveral fatally Injured. Telegrams werosent to Belolt, and soon afterward reporfs were receiv- ed stating that three members of the reriment were aeverely {njured, but none kflled; the fire- man of the locotmotive was killed, and the engineer slightly wounded; the train was par- tially wrecked, the engine lying in the river, and the boggage-ear and two passcuger- cara torn to pleces, and that was the full extent of the catsstrophe. Rela- tives and friends of the members of the First Itegiment made anxious Inquiricant the Armory ou Lake street, and at the Milwaukee depot, and anxlety was expreased on every hand con- cerning the reports. The milway oflicers dis- patched a speclal train with Surgeon Iaham and nthers to the scene of the wreek at 10 o'cluck, and the run was made fn onc liour and #ifty-five minutes. On arrival there, Dr. Isham found Jumes Taylor, of Company B, at the Goodwin House, (v Belolt, dangerously, and, he fears, fatally' njured. 1L, 8. Everhart'and Frank Dud- 1uy, slightly injured about the face and head. Dr. Strong and other physielans In Delolt at- tended the injured med, and Dr. Isham also added to their comfort, The people of Helolt did ull in their puwer to relieve the sufferers, and hospitably took care of the reglment aw thelraccompanying friends. Lon Leonard, the fireman of the locomotive, No, 85, was killed, and whenthe reglment left Licloft bis Do was still -~ Iying In the water, wedged In the “wrecked engine. The cnginecer, Frothinghom, bl nvery narrow escape, und was slghtly brulsed and cut. Both men belong at Harvard, where Leonard leaves o wife and $hree chlldren, TIHB BNGINEEI STATED that when 8 miles south of Beloft, and while running at the rute of about15 imiles or less an liour,—thnt slow specd being necessury on nceount of the danger which he feared from the icuvy rain which had fallen since midnight and flooded the eotire country,—his eogine siddenly hounded over a portion of track which had been washed ont, and in a moment there after the tender Atrick another wuehout, and the lJocomotive tore along the tics for a few yards and then pitched Into Rock River, & stream 20 fect from the track, and overflowing its banks with the flood of wa- ters which came down, It was about 5 o'clock, und daylight bad just begun to break through the black and _ portentous clouds, which were every now and then lighted up with flashes of lighining, when the “cosualiy oceurred, The aggngze car pitehed on to the Jocomotive ten- dery throwing Lieut-Col. Hubbard, Quarter- master Sergeant Warnicke, the General Guldes, and Company Quartermasters, and blankets, baggage, guns, and other stufl, into one promis- cuous mass—piling all in a heap In thu forward end of the ecar, The officers released themselves from the wreek and got ont of the windows. With the exception of a few slight brufses and a torrible shaking up, no other serlous injury happened. The stall of the natonal flag was broken {n two, IN THE PIRST PABSENGER COACIU Drumn-Major Nevuna and Lis corps of twenty- two boys, with their drums, and the Elzin Brass Baud, humberlng twenty-four men, with their {ustruments, were scated, nearly all asleep and unconscluus of the finpending danger, Sudden- 1y they were all pitched forward, and drums and fustrumenta were heaved wpon themn. Some of the boys were buried be- nenth the mass for s moment or two, uud then il the men aud boys managed to crawl through the windows. Thelr escape from ¢erlous ln;lury wus miraculous, for nota seat was left whole or in its placet nearly all the justruments were lmd‘lfv Uralsed, and some were brokeu, and but six drums out of the twenty-two were saved from breakage, Maj. Nevaus stated to u Trin- UNE reporter Jast eveniug that themen snd boys Lebinved admirably, and fell to work witha will to help others'in the wreek. COMPANY 1, Capt. DeWItt In cotumand, was In the sccond car, and it was in that coach where the greatest injury was done, There were o few others from other companies in the car, every seat in which WilB, ou‘nplud by two men. When the aceldent aceurred the car pitched violently forward, and, with the sudden rebound of the other coaches forward, it telescoped [nto the car n front of it uud became o total wreek, The oceupunts, and thelr uskets and other accoutrements, wera Junmed fn with them and mingled fn one con- Tused mogs. .lmm:l'l‘uy\lur.n young wman e ployell by the Western News Compuny, and un esteemed member of the regiment, wua shock- Ingly lujured about the head, fuce, und chest,— 80 serfously, fn fact, that his _chances for recovery” are pronounced very doubtful, The boys wére not long In extricating themsclves from t{u: wreek, and under the leadership of Capt, DeWitt, whols entitled to great credit for his coolness and good nupspement, the brought poor Taylor from the rutued car, bleed- ing profuscly aud suflcflu;{ terribly, Word wus dlspatehed to Beloit by Col. Davis, who was slso quickly on hand, und Dr. Btrong and othier phy- slclans emuo down and gave the fujured young man such relief ns they could by dress! ugi‘lna wounds and edministering medleine, Tay- lur was afterward taken to Iicloit on ‘o hand-car, aud placed fn the Goudwin House, whero My, Fiteh was left fn care of him, At lnst acvounta ho was In u critieal condition, nnd Dr, Isham considers hls recovery doubtful. 1Us relatives here were notied of hts con- ditlon, and they repalred at onve to his bedsfde. L 87 Everhart, also of B Compuny, was wounded severely, but not dangerously, on _the liead, _Jle was soun able to tuke care” of him- sell. Frank Dudley hud an ugly wound in- flicted on the cheek) and Hifteen oriwenty others recelved bud brulses and ecratehes, but none were serfonsly burt. A number of the nuskets were twisted out of shape und rendered useless, ‘There wery five other coaches, filied with metbers of the reghnent and o few friends who accompanied them to Mudison. Those coaches kept near the truck, d, beyond a severe chuck and some vero bumps ond thumps sgalost the roofs and sides of the ¢ nothi nfi oceurred Lo the vecupants. Col. Davls and Adjutant Dichl, the lutter the rall- wiy sud marine revorter of the Zimes, Mat Augle, of the Inter-Ocean, Mrs, Whedden and Mra. Hothwell, und snather Lady, and seversl citisens of Chleago, fricnds of the rcg]luwm.‘ were_{n the rear car, aud suflered no Injury. Col. Dayls sndd his command acted in the inost raiscworthy aud voul manner, and gave the ‘lnjurud men all the assistance possibie under tho circunstances, ‘Thoy rocovered all tho bag- goge from the wreck, and placed {t ou unotber car senut up for the purposc. 1ies in thi bol:r"‘x"?lfi:‘k Rive d, up now lies in the bottom of ko er, and, to the time tho regimont left, Loonard's bod! had not buen recovered from the cab, in whic it is fastencd. Frotlingham, the engiueer, was able to go about as usunl, No blame can be ttached .to auy one, for the conductor :nd englueer {em o running the truin with unusual - cave, &N it was but two hours before when tlie regular ex- presa passed down safely, and arrived iu Chi- 0 uearly on tine. A "Pununy reporter, who had been at Madison with the yegiment, came up cn thst traln to aveid defay, sud whils en route the rain poured down [u tarrents, and the stormn threstened to wash gut the whule track, ‘Phio conntry was flooded fof miles around, and (i dangerous culverts and atreains ot Helolt and near that city were cautlously approached, and the rails examioed for a long dlstanice abead, CAPT, DB WITT, of Company B, was 1ot too tred to talk, and the TRIBUNK reporter is indebted to hin for the lulluvalnz |ut‘e|ueultil gnm. Do l‘:.\g_ll.'. wus ju the second coach from Lhe baggage car: ; e left Madison at 1 o'cluck, bn the midst of a very hesvy rain-storm. Everything went along ‘well enough until some tiue between 3 aud 4 o'clock. 1t was {:rnuy dark, and raluing like fury. 'The first t! lu§ wo kuew wo saw & car golugg right over ue. The boys bud sll been asleep, and we didn’t know what to do at flm.l or just what the trouble was. The boys undertook to run, and as soon a3 saw what It was I gave_ the command, ‘Steadyl! aud they stopped, Just 0a suon as e%.nmpped they widted L It waa all over with. Then we went forwurd. The first man we got out was Jluny Tuylor. At first we'didn't think he wus hurt ut al}, but after a whils we found his lip weas spiit Hight through, We also thought bo waa burt nternally, sud didn't supposo bo would lve two hours. Everhart was Iyin) down In the front ecal right by the stove. “Weo went to pet him ont and we saw that howas completely covered with blood. We had to cut aome of the timbers asway aril thus got Lis Jegs Inose. He was stlll "covercd with blood when we zot him out. Wedlin't know what was the matter with hira, but took hlm back in- to the mext car to wash hiim. We then sent for sirgeons to Belolt, and the{ came as 8oon ns they could. Inthe imcantfine we washed Ever- hart, and when the surgeons came wo found that ig was more fnjured than we had at first thought, The stove had tumbled over on him, and lie was badly Injured aliout the lnfix, with & ash about 3 inchies long and half-an-Inch deco fn his skull. IHs face, too, was badly scratched. After the men were cared for, " the regiment moved off and marched lown to Belolt, As soon aa we could get some liand-gars we furnisted them with he dstor Ever- hart, Taylor, and the engincer, and took them to the hotel at Ticloit and sent for the doctors, Drs. Isham and Rutter, of Chicago,came upand pronounced the men out of danger. 1 thought t hest not to mave them, however, and so left thern there. T hope they will be well enough to lie brought down to-morrow alternoon. **1t was one of tho worst wrecks I over saw fnmy Iife. All that saved my company from cofug from the diteh Into the tiver was & small ree on the bank. The engine rolled rgm away and broke the tender, which rolled off against the butt of this tree, and that held the baggagy car up, and thus held the balance of the traln, * Another man, Dudley, recelved & gashi in hia left cheek sbout an “fuch and s lalf long. Others were inore or less cut up and will he searred for itfe. The engineer went down with his engine Into tho water, bhut we pot Bimout. Ireally thought the man would ££0 crazy as he stood there eryingand calling for the fireman, who 18 under tho engioe and can’t be got out until the engine 1s taken all to pleces. Beveral of the men had thelr guna bent and twisted, and yet they themselves were only scratched, Several of the guns were spolled In this way so that we cannot use them again,” LIEUT.-COL. HUBBARD made the following statement. I was sitting In the baggage-car when the accident occurred, and was the only man awake, 1.dId not want to go to sleep, andso I went into the baggage-car after we started, We left Madl- ron_ln a terrible rain-storm. They had had & wash-out, as I knew, 8 dn{ or two before, and 1 felt nervous and anxfous for tho .ami of our regiment. SoIwent forward to the bagrage- crand had a long talk with the conductor, and made up my mind to sit up all night. The conductor Interviewed thecondictors of the two ugp-trains which passed us, and they reported that It was one of the worst storms they had known for years, but that they had passed the road in safety. Nevertlieless, the conductor went forward to the engine, and had the en- gineer slacken up to 15 miles an hour. When wereached the ](flm:e of tho accldent, ahout 3 wmiles this side of Belolt, without any warning e whatever we went off the trock, and the baggage-car on end. 1 went ont and found the cngine In the river, the tender on the edge of the bank, the fireman killed, the engiueer injured, the baggage-car standing with one end on the tend- erat an angle 5o steep that we could not walk fn, The men in the baggage-car—~wmostly the dmmmers—were all mixed together, and the first passenger-car was on top of the sccond, baviig broken through end earr{ed away about 16 feet of the car, including the front seats, The trucks of the sccond car were on the track, The engine bad pgone In where the rolls remained iu position, but the quickeands sloughed right out from under, The only acvess to this second conch, in which Com- pany BB waa situated, was by crawllng under the tirst car, one end of which was on the ground, and the othier on top of the second car. (£ there had been much of‘a3deviation in the angla of that car it would have crushed to death almost the entire company. As it was, all except escaped sorlous ln?ury those unthe two front seats, which were on- tirely broken nr. Uur next work, of course, was to get out the wounded inen, which we ac- complished with Httletrouble. Wethenmarched tn Beloit and sent a hand-car down, which brought up the wounded men on stretchiers, Threa surgeons were furnished by the Northe western Raflrond, and the young nen had the best of care. Many of the muskets which were Iying right by the sldes of the men were bent double, while the men In thelr scats cscapud ns by o mirncle.” TIE RAYLWAY COMPANY. £ent s wrecking party to attend to the repair of the track, and at 8 o'clock another traln was madet up, and the rogiment and posscizurs with them were brought to Chicago, reaching the depot a little after 6 o’clock. Tliey marclie ingood order down Canal street to Luke, and thence to thelr Armory, on that thoroughfare, near Clark street. They were met by o large concourse of people, all anxious to learn tho particulars of the accldent. The command ex- pressed thanks to the good peoplo of Belolt, who cared for them so renerously, and desired the papers to scknowledge the great kintness. THE DAMAGK to band {nstruments amounts to $300, and to drums $180, Maj. Nevansg' splendid staff and sword were broken and _rendered useless, The cost of the aceident to the Rallrosd Company is estimated ot $50,000, which I8 probably covered by Insurance, They will recover the locomo- lf"e in & few days, and send it to the shops for repairs. The teack, which had been torn up for some distance, was repaired Tast evenlugy and trains are running regularl; { ‘The accllent was ‘e serions wind:up to the rrand ovatfon at Mudison, and hna given the fonlzed regiment much food for conversation and comtuen! ——— A Touching Tale. Lonterille Argus. Ta was a seedy-looking individual, and as he stond upon tie corner gazing wistfully ot the dlrappearing form of o hewsboy who hiad just pleked np ozood-slzed stump and was making off with the prize, there was a vague aspeet of despair in his attitude which was very touching, Perhnps it was this which attmeted "the atten- tion of a mlld-looking party who was passing by, and perliaps it was somethlng else; but however this may be, the mild-leoking |mm‘ Atopped, awd, gazing ut the solitusy thgure, addressed it hy; 1l man, wouldn't you lllie to have a drink tuls_murningt “You've read me as aceurately as though my thoughts were printed on an opei page,” replicd the !ulllnr{. taking his quid from his mouth and passing = dilapidated cout-sleeve over his lips. ] thought wo," murmured the lullll-lun“(lng party, while a tear trlcklcd down his checks *‘but conquer the desire. Fight it as you would u leglon of devils, for drink has ruinéd many a man who had amore expunsive forehead than you've got1 " And then the mild-looking partycontinned on his way, nud the solitar finud dreamlly futo spacy and cominuned with Kmself, WIRISK Y, Y PAVORITE ! T PUREST STINULANT. The Finest Whisky Known. SOLD BY J. K. VANDUZER 128 LAXE-ST., CORNER CLARK. MILLINEIRY. HILLINERY. French Chips, Flowers, Trimmed Goods, &c. Qur usual POPUTAR PRICES, 124 ST ATH-ST WEBSTER’S. $Ioo FINANO Tnvested Has - $] 700 Paid o Profit of Wi during the past few montle, under our {mproved ystem of operating in btucks. lleks reduced to ;mm‘lnfil‘l?gm m:l‘l fiful\l:lue;\rlufill. “Duok coutalns Fination seut o BuplICAION, L .'I'Ulfl.lll“JUlifi G €0, Bankars and Brokezs, £ Wall-#t., Now Tork AMUSEMENTS, HOOLEY'S THEATRE. MAGUIRE & NAVERLY, 1, WILL E. CHAPMAN. THIRD WEEK OF 8HOOK & PALMER'S UNION 8QUARE THEATRE CO. Monday Evening, July 3,1870, last week of tha TWO ORPHANS AVIth (ta Unparalleled Cast. Motinces Taesds Botuntay: " Aumleston 31 nd 50 cantar o 04 ADELPHI THEATRE, This Thuraday eve, July 0, 1870, Testivitien el the CENTENNIAL WEER. The Grealest Pree gramme ever glven at the Adelphi, ‘The Glotlous Extravagnnza, BAD DICKEY. Cellini'a Grand Tallet Tronpe: Tito Cell Ida Idalie, Frankle Chrlatre, | Mendnmen ur';';: Plerce, Dubrocy, Woods, Cliftan, Caleate, Gilo Iiziol, Dean, Gordon, the Girards, Nellio Larketle, Adah' Richmond, Harry Allen, “Thon. Whiffen, liarry Little. Extra Choras. Amazonian March of the Btates. " Contonulal " Lallet, Priamatia Fonntain, McVICKER'S THEATRE---AIMEE, ‘To-nl, Imes 3 ol ‘fr’xfim 'vlr;cvl'n sn English song. Last night bup ATMEE, THE QUEEN OF OPERA BOUTTR ‘To-night, by reqiteat, fast night of LA JOLIE PARFUMEUSE. AIMEE In her greatest charscter, ** Rose Michon,™ when she will tntrodnea bor Knglish song and dance, *Lretty ara icture.” D(IC]'I"I:Z{%"EY beaedt of Mme. Almee, LA GRANDR Haturdaj PARRUSE *retty ns formance, LA PILLE DE MME. ANGOT. Mouday, July 17, Almee's Reentrey In 8an Francleco, COL, WO00I’'S MUSEUM. ‘This Rveninz the S.ETEN SISTERS, Matince—LACK-EYED BUSAN a and the ROUGIE DIAMOND, and fired appesranca of Mr, J. W. MUIRAY, QCEAN STEAMSIIPS. ONLY DIRECT LINE TO FRANCE.—The Gonoral Trannatiantic Compaiiys Matl Siiamers between New Yori and iavre, calliug st Fiymouth (6. 1) for the Ianding of passengets. The sniendid ecssels o this fas vorite roulg for ‘the' Contineut (cablnd provided with eirctric belia) will sail from Pler No. 43, asfollows. CANADA, Frangen), Satarday, July 8, & ASMERIQUE, Ponzolz’ Saturday, Jaly 15, 118, T, LAURENT, Lachesuez, Saturday, July 22 3. Price of Pasage In gold (Including_wine) : First cabin, £110 to 120, acconling W accom| ationy second, §72; third cabln, $40. Return tickels &t re- duced rote. Sicersy 20, With auperlor accomimos dations, {ncluding wiue, bedding, and utensils, without extra charge. Sieamers marked thos 1o not carry slecrage pamengers, LOUIS Pvm:n A nt, 65 Tiroadway, N, Xs W, . WHITE, No. 67 CIarkcates corner Randolph, Agent for Chicago, “North German Lloyd. The steamers ot (hix Company will sall every Satar- day fromn _lizemen Plor, fous of Third-at., Hobaken, iages of passage—Froni New York to Southampton, London, Navre, and Hremun, frsf Becon calin, §00, gold: stecrags, B30 currency, r prisage apply tu 8 1.3, m,, only Afmee matinoe, LA J1 P i T, i s Ane doen 3 Great Western Steamship Line. From New York to Dristol (England) direct. Tucsday, July 11 OMEISET, Wetter, oo Tuiesday, July 23 hin e, $70: 43 Bto & Excursibn u'c’lm!s o el ctn? eriaten fin Appiyto WL ¥ 'WUITK, 67 Clark-st., Michigan Central (Iroad. National Line of Steamships, (FOR LIVERPOL AXD QUEENSTOWY, ITA ity 1. 1 m | 5] N, Jniy 15 10:30 8 SO, bl P | PN SR e PO LONDON DIRECE: HOLLAKD, July 1,12n00n | 1N, July 12, 9:30 a m Cabin e, 660, 850, An curreney, Hetuen tickets at reduced rates. Eteerage tickets, S:(ll rency. Dirafta for £1 and upwards an Great Bri ih T LAY curs Ba ~ AWMERICAN LIN PHILADELPHIA AND LIVERPOOL. Cabin, intermedinte. and steerage passago AT LOWEST RATES, General office, 138 La Salle-at., corner Madison. J. 1, MILNE, Weatern Agent, " STATE LINE. NEW YORK T0 GLASGOW, LIVERFOOL, D O ST AN KoY bOu b VDL, TATF, OF PENSHYL BTATE O] ablns, $50, minodattons, #1125, Becon $50._Steerage Apriy N, DALUWIN & . WARRACK, Slanager. 54 Clark’ White Star Mail Line, To and from Earope and America. Tiafes as low as by any other firat-cluss Line. Office, 120 Enat Ntandolph-st., Chicago, ALFRED LAGERGREN, General Weniern Agent. ~Urafts on Great Urilala and Ireland. CUNARD MAIL LINE, Bailing throe timean weok toand from Dritish Porta. Lowest Prices, , Apply at Company's OfMce, narthwest corner Clark and ltandolph-sta., l’.‘hlcavan. ¥, Il DU VERNET. Genernl Western Agent. L Al Orrice oF THR COMPTHOLLRR OF CraReNoY, Coy May 240 1870, Wasnixorox, D, C.o May 24, 187 s 1t Person NDTI sl cb’l’n to alt Persons nwlllu{hl" <l wainaC thy = Clty Nutfonat liank of Uhica- , " 1il., that the same must be presented to Nathian i, Walworth, Recelver, with the logal proof thureaf, withs in threo 1hontii froin thls dal will e’ dlsals lawed. (8lgned) N NOX, ller of the Currency. Important to Persons Visiting Now York or the Contennial, GRAND UNION HOTEL, opposite Grand Central Depol , Uaggaga takon to aid from thiadepet ta lotel ree; 450 elegant rooms. Elevator, European plan Itestaurant, sapplied with th cst, I'rices mederate, Cnre and lllfin pass this 1lotei for all p uf the eity, und to IPhila et for PRt A A OB IS it Lock Hospltal, cor, Washington & Franklin-sts. Chartercd by the State of Ltinols for the express pure pusc of gIviNg tmmedinte retlef i all cares o L private, hironic, and urinary diseasce tn il thelr complicated forms. 1t 1s well known that Dit. 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K e an; NOPAY 175 Sonth Clark-sL., corner of Monroe, Chicagn, ay be consulted, personally or by matl, free of cha D B e Gibaaes. DIC o I EAS o] bl i, e 13, A0 e s By T b 64 1 DR. LYON df st S, ot Speclcs, the only slire preventdve known, yaly plysiclan fo (L8 clly who warrsitacurca uf nopay, 110 Fifth-av,, Clicazo, treaty Diftcalties. My celetrated Frunch Perlodleal Ville Lirojs, also 3. Lisrriaga Guide, [lustruled, Go1IATE0 Siso payee, Boclr b Prescription, $1,00. Car ndetics cons fdential, Gall_or Cwiits, “wilh stainp, 1" Engliale reLch, or PRESORIPTION For the speedy cure of Seminal Manhood, and all disorders b cretions Or exceas. Aug dr ents, _Address DAVIDSON New York, T0N=A MEDICAL ESIAY, N T errupeadciverad st RaRYE " Weal Lo uplt on b “Ind| Las the lngredi: 0., Loz 204] A tho causs aad curs A I e sndpilaarduniiny, Uelag the caali of S0y anfes iy SRS L5 Bl R sl LAl tare," Saturday nlgus farswell per