Chicago Daily Tribune Newspaper, February 11, 1877, Page 2

2 THE CHICAGO TRIBUNE: SUNDAY, FEBRUARY 11 , 1877—SIXTEEN PAGES. X+ votes of Electors on the prescribed day, are in- admissable for any such purpose. ELIGIBILITY. As to the objection” made to the eligibility of Humphreys, the Commission is of opinion that, without reference to the question of the effect of the vote of an ineligible Elcctor, the evidence docs not show he held the office of Shipping Com- missioncron the day when the Electors were appointed. 5 ‘The Commision also Gecided that, as a conse- quence of the foregolng aud upon grounds be- fare stated, neither of the papers pnrpqru::g to be certificates of the Electoral vote of Florida are the certificates or votes provided for by the Coustitution of the United States, and they ought not to be counted as such. A ITS EFFECT. HOW THE FLORIDA DECISION 1S RECEIVED: Special Dispatch to The Tribune. NEW YoRE, Feb. 10.—The Herald’s Washing- ton spexial gives the opiuion of Congressmenon the Electoral decision. Townsend, of Pennsylva- e, said: “The vote is as it should be. Itisa vindication of the wisdom of the creation of the Commission.” Plaisted said: *How could any one expect a different result?” Hubbell said: *It shows conclusively we are entitled to build our hopes on justice and right, even with the approval of the Democracy.” Foster: *The Lord is a justJudge, and Hayes 1 the choice of a small msjority of people.’” The Repoblican Congressmen generally are Jjubilant over the report. On the Democratic sides, therc are all shades of opinions. Buckner said he didn’t expectanything better. Kehr: “Iam bound to accept the decision, #od &5 such am prepared to say it is right.”” ‘Thomas, of Maryland: *‘It means that E.lyes; will be counted in.” ‘Whitehouse: Tilden, thou art so near and yetso far.”? ’ Hardenburg: ' Bradleyisa great mathema- tician, 2nd if the problem is stated correctly for Tilden the majority will be on our side.” Jones, New Hampshire: * We bave agreed 1o abide by the decision of the Commission. ‘What is the use to waste words about opiuions?” Hewitt: * The report is filled with bitterness for me, but I can find a draught of sweetness in i Hurd: * Expecting nothing, I amnot disap~ pointed.™ . Hill, Georgia: * If the rulingis as reported, Oregor will surely save us.” Hopkins: “It weans Hayes and Wheeler.” Sayler: ¢ At this rate, my fellow-citizens, Hayes will be counted in.” 5 Blackburn: ‘Never hadany faith in the Ar- bitration bill, but still, I have hope.” Cutiér: *Have we any reasons to expecta different resulti” Anderson: “It is all over.” Rice, Ohio, said: *‘ Where did the chances of Tilden sppear better than in Floridai” ‘Whitthorne: “I have been discouraged ever since I heard the first decision of the Commis- slop.” Kuott: “Ihave stopped thinking about the subject ever since the bill passed.” House: “‘My eyes restupon Louisiana as the ‘bope of the country.” Caulfield: ““If we donot get Loulsiana and Oregon, score 165 for Haves.” Douglass: “IwishI had voted - acainst the bL» Lo #1 think we bave 8 strong chance in Louisiana. Cox: “0,Lord! Honey, let me alone.” Meade: “Iam nmefthered surprised or de- jected” Levy: “What have we to hope for now? McMahon: ““The judicial character of the Commistion isia our favor when Loisiana is reached.” Senator Jones, of Nevada said: * The result is not what I expected, and I don’t know what to say about jt.” . Harrison: * Hope is the mainspring of life; whv should we mourn?” § arks: ¢ It looks as though the report that the Comuwission is -governed by partisan senti- ment is true.” Milis: ¢ This changine of leaders of the choirin the middle of the tune never suited me. I voted against the bill.” Durbam: “My vote ageinst the bl is the best vindication of my character.” IN CONGRESS. SENATE. - + WASHINGTON, D. C., Feb. 10.—The Chair pre- * sented a communication irom the President of the Electoral Commission, informing the Senate that it has declaed upon the matters submitted concerning the Electoral votes from Florida, The Sergeant-at-Arms was directed to request the attendance'of absent Senators. The Conference Committee on the Fortifica~ tion Appropristion bill are Windom, Logan, and Davis. ¥ ‘- The Senators having returned from the Honse, the objections to the decisions of the Commission submitted by Field were read, and Mr. Stevenson moved that the Senate take a re- cess until 10 o’clock Monday morning. - Reject- ed—yeas, 265 nays, 44—a strict party vote. A Jong debate took place a5 to the form of ‘the question sustaining or overroling the ob- Jections filed by Field, and an order submitted by Mr. Whyte that the Senate do not concar in the declsion made by the ‘Commission, created under the act approved Jan. 29, 1877, but that the votes cast by Wilkinson, Col. Robert Bul- lock, J. E. Yonge, spa R. B. Hinton as the Electors of: Floride, are the trae and lawful votes for President and Viee-President of that State, and should be connted as the Electoral vote of the State, was defeated by a striot party Yote. The following is the vote: TEAS. Bafler, Hereford, Norwood, Barpam, Johnston, Randolph, Baryard, + Jonos (¥is.), Ransom, Bog Kellr, Saulsbary, Cockrell, Kernan, Stevenson, Cooper, .. McCreery, Wallace, Be L. aton, - axcy, ers—26. Goldthwaite, Merrimon, Al cragin, " Mol icorn, . i, orrlll, Allson, Dawes, Morton, Anthony, Dorsey, Ogiesby, Blae, erry, Paddock, Booth, Frelinghuysen, Pauterson, Boutwell, Hamilton, Robertson, Bru Hamlin, Sacrent, Burndde, Harvey. Cameron (Pa.), Hitchcock, Sherman, Cameron (Wis.), Howe. Spencer, Chaffee, Ing - Teller, “Chrastidncy, Jones (Nev.), Wadielgs, et e Mclilan, Windom, Mitchel] Wright—45. Mr. Edmunds stated that Mr, Thurman was absent on account of sickness. He &Edmunns) would vote against the order and the Senator from Obio for it. He therelore withheld' his vote. aur. Norwood stated that his colleague (Gor- dou) was confined to his room by sickuess. . The Senate then agreed to an order submitted by Mr. Hawiin, that the vote of the State of torida should be couuted for R. B. Hayes for Vice- % Corn- The vote upon this Was—ayes, 43; 3 2 strict party vote. _Mr. Sleman sa.d he did pot like the resoln- tion oflered by the Sevator from Maine, and just adopted, - because it contained the pames of the persons voted for. He hoped that tic vote ly:,flg;xbi’ tte rusolution was agreed to would be resding 4 ¢ une sabmitted by himself would be ndopted in its place. Afr. -Hamlin _aceepted the suggestion. The vote was reconsidered and the folowing resolu- tion of Mr. Sherman was agreed to. §us 44, nays 5, 2 sLrict party vote: ]!anlrfllb’nul the decision of the Commission upon’ the Electoral votes of the Stateof Flonda etand asthe jndgm!nl of the Senate, the objec- {.In;nl made thereo to the contrary notwithstand- On motion of Mr. Sargent, the Secretary was directed tonotify the Bouse that the Senate Liad Tezched adetermination in rerard tothe Elector- . ol Commi:sion, and was ready to meet the House for the purpose of proceediny with the count. , President aud William A: Wheeler for Presidunt, us determined by the Electoral mission. THE HOUSB. The Speaker presented a communication, sim- Llar to that read in the Scnate, from the Presi- dent of the Electoral Commission. It -was re- solved toTeceive the Senate In foint session at 1 o'clock. : Mr. Hale endeavored to fix time, but his smendment was delested—120 to €. she eave notice he would call for the yess ~ and nays whenever thero is another attempt to ly proceedings. The Senate amendments to the Indian Avpro- propriation bill and Military Academy Appro- ‘Priation bill were non-conctirred in. - When the Senate had retired motion was made to take a recess, when Mr. Hale raised a g)hll of order that a recess could not now be ken. A long discussion followed. AMr. Springer held tliere was nothing in the Elect- oral bill which prevented the House from taking arccess. It was not uoreasonable that the House should ask for two days to cousidera de- cls. 7 which the Commission had been nearly ten days In considering. <5 AIf. “McCrary thought the House Bad arrived at a point where it was oblized under the Con- stitution of the United States to count the votes, and in that stage the House could take 1o recess until a State was reached which would have to go the Commission, . Mr. Kasson said in'the conclusion of the ro- port of the Jolnt Committee on the Elcctoral Vote ft stated. that the passage of the bill was necessary to allay public excitément aud. agita- tion. If the wajority of the House took & re- cess to-day, public agitation would be increased tenfold. "The peopke of the country would. ask if it was the intention of the House of Repre- sentatives to prevent the completion of the Presidential count, right or wrong. That ques- tion.would be asked to-morrow morning irom the Atlantic to the Pacific Ocean. He submitted to the patriotism of the House of Represcntu- tves the interest it had in preserving the peace and prosperity of the country, that it should in- terpuse no unnccessary dejay in that process of law which the whole country was looking to for its solution. Mr. Warren arrued that to say the question astothe Florida votes was settled on the sim- ple report of the Commission, was to speak di- rectly in the face of the act itself; and of the very purpose at which it aimed. Mr. Wilson held that the only present duty of the House was to discuss the objections o the decision for tiwo hours, and then vote upon =t and let the two Houses come together azain In joint convention. Any other interpretution would nullify the Electoral act, and would be revolutionary. Mr: Banks'stated the lariguage of the Consti- tution was imperative; that when Electoral votes are opened they shall be counted. For seventy-five years there had not been a single instance of a recess being taken or proposed un- der such circumstances. = Messrs. Joues, Sayler, and others also partici- pated in the discussion. Speaker Randall maintained that the clause in the fifth section of the Electoral act, which is that while the two Houses shall be in joint meeting no debate shall be allowed, ete., had no pertinency to the question. The portions of the act which had pertinency fo the recess ‘were, first, o part _of the fourth section, which pro- vides that, if there be objection to the report of the Commission, each Sepator and Representa- tive may ifi“k ten minutes, and that, after such al debate I have lasted two -hoars, it shall be the duty of each Housg to put the main uestfon withou further debate. He thought that under that directory clause a reccss could not_be iaken at any other time than the present. If debate had been entered upon, a motion to take a recess would not bein order. The other portion of the bill bearing on the subject Was that portion of the fiith section which read, ** And no recess shall be taken unless the question shall lave arisen in reference to the counting of such votes or otherwise under this act, in which case it shall be competent for either House, acting sep-. erately . in the manner bercinbefore pro- vided, to direct a recess of any such House, mot beyond next day (Sundays excepted) at 10 in the forenoon.” It was a fact, the speaker continued, that this was the first time when the question has arisen, and it having now arisen for the first time the Chair thinks it is competent for the House totake a recess until Monday at 10 if its judgment so directs. A\I:(.] Hale—Then the Chair overrules the point of order. f’[‘lu: Speaker—The Chair overrules the point of order. Mr. Hale—T respectfully appeal from the de- cision. Mr. Cox—I move to lay the appeal on the table. Carried, 156 to 76. The question was then taken on the motion for a recess till Monday at 10, and it was carried —yeas, 163; puys, 105. uring thie vote a messaze was received from the Senate that it had overruled the objection to the deuision of the Commission, and was ready to meet the House in joint convention. - TLe Speaker intimated that he would have the Senate informed if the House would take a recess. . THE OBJECTIONS. The objections to the decision interposed in the House recite: - First—That the dccision determined that the vote cast by Charles H. Pearce, Frederick C. Humphreys, William H. Holden, and Thomas W. Long, as Electors of President aud Vice- Puesident of the United States on bebalf of Florida, is the true and legal Electoral vote of the State, when in truth and in fact tho vote cast by Wilkinson Call, James E.Yonge, Robert, E. Hilton, and Robert Bullock is the true and lawful vote of the State. Second—That the Commission refused to re- ceive competent and material evidence tendinfi to prove the first-named set were not appointe Electors in tue maoner prescribed'by the Legis- lature of the State, but were designated as Electors by the Returning Board of the State corruptly and fraudulently, in disrezard of law, and wiih intent to defeat the will of the peo- le. o Third—That the decision was_founded Tapou the resolution and order of the Commission pre- viously made. Fourth—That the decision includes all evi- dence taken by the two Houses of Congress by the Committees of each House, concerning frands, errors; and irregularities committea_ by persons whose certificates are taken as procf of due appointment of tue Electors. Fifth—That the decision excludes all evi- dence tending to prove the certificate of Stearns (Govrrnor) as also of the Board of State Can- vassers was procured or given iu pursuance of a fraudulent and corrupt conspiracy. Sizth—That the Commission refused to recog- nize the right of the courts of the State to ra- view and reverse the judgment of the Return- ing Board or Board of State Canvassers ren- dered through iraud without jurisdiction, and rejected and retused to consider the action of the courts in a case Jawfully brought before the court which had jurisdiction. Seventh—That, the deisivn_excludes all evi- dence tending tg prove that Fiorida, by all the departments ot the Government, legislative, exccutive, and judicial, had decreed as fraudu- lent all certificates of Stearns (Governor) as well as that, of the State Cauvaseers, upon which certificates the Commission has acted, and by means of which the true Electoral votes of Florida have been rejected and false ones sub- stituted. Eight!—That to count the votes_of Pearce, Humphreys, Holden, and Lang as Electors for President and Vice-President would be in viola- tion of the Constitution ot the United States. The objectious are signed by Senator Jones (Fla), Cvopcr, Barnum, Kernan, Saulsbury, and McDonald: Representatives Knott, Field, Holman, Tucker, Thompson (Mass.). Jenks, Finley, Sayler, Ellis, Morrison, Hewitt (N, Y.), and Springer. LOUISLANA. BREWSTER AND LEVISEE. Special Dispatch to The Tridune. NEW ORLEANS, La., ifeb. 10.—There need be no uneasivess whatever among Republicans as to what the decision of the .Electoral tribunal w.1l be in regara to the alleged ineligibility of AMessrs. Brewster and Levisce. While Judge Levisee was a United States Commissioner and r. Brewster Surveyor of the Port, their resig- natioe were both sent in previous to the clec- tion and accepted, but, that there might be no question raised subsequently, these gentlemen, on the 6th of December, vacated their offices as Eleetors by absenting themselves from the Electoral Colleze at the time des- iguated for the meeting. The College recess, after which Messrs. Brewster and e were elected to fill their own vacancics, en the vite of the College was cast for Hayes aud Wheeler. Mr. Brewster has since been reappointed Surveyor by President Grant and confirmed by the Senate. The following section of the R ¢ following section of the e g:s %f.:ruishna isthe one which éovv’fer?:ss t:é‘:fi; SEcTIoN 2,830. If any ors chosen by the ong or more of the Elect- people +hall fuil from any cause :h-:eo»;e*r zg ?‘I,:z(?d at lgc‘ nnp%:inmd place at the out cl . M. of the day their meetiar, it shall e e tiar Electors immediately - ply sach vacaney or vacancies. 1 «. . THETWO GOVERNORS. % The Nicholls appointees continue to possess themselves ol minor offices_in the pariches in violation of the statu ax;m It reply to inquiries from ousted oflicials, o P-L‘k.nni has for the past few days been: advising them, in view of 1he early settlement of the Louisiana question by Congress, to atlow these mMor matters to Test as they are for the preselfi,'rau\er than annoy Gen. Augur with them. He prefers that they should be straightened out in bulk rather than in detail 1 MORE MANUFACTUKED TESTIMONY. Wasmxerox, D. C., Feb. 10.—The Commit- tee on Powers, Privilegcs, etc., of the House inguired this afternoon 1nto Louisiana affairs, ohn F. Mulnerin, of New Orleans, Clerk of the Returning Board, testified. Some affidavits ‘were made by clerks of the Board m the compil- inz-room. ' Don't know whether they were used. Most any name was_ signed to aflidayits. Dec. 2 witness 'saw with Littlefield and Muj. Eaton a slip of paper containing the total of the Electoral vote. The majority on these of the Democrats was about 4,000. Saw afterwards t)‘.lmz 2 chnnzeH bad (?een in the figures. eard ov. conversatfon_with Littlefield in Abell's olfce Dee. 2.- Could not. hear what they said. Dee. saw them again in 2 conversation in a verv low tone ina clerk’s room. Saw Littlefield take from a desk a paper and - MAKS SOME ERASURES - about a quarter of an hour after conversing with Gov. Wells. Abont the. bezinning of - Decern- ber changes were made on the statement of the Electoral votes by order of Judge Davis.. L“; tleficld told witness he had fixed the Pl{lsh o Vernon, but gc )dial fluutd ‘s':y which way or in what manner he had fixe To Mr. Lawrence—Can't say whether any member of the Boara knew gffidavits were being made up by clerks. Witness- made up-some himself sod signed names and cross-marks to them. Saw Wells and Anderson look at the elips made up by Littlefleld, who told witnéss he sent them to Goy. Packard and George. L. Smith, Saw alterations made by some clerks on consolidated statements from different par- ishes. Changed one himself. - The changes were that if the first Elcetor had 508 votes and the third Elector 210, the clerks were directed to increase the latter to pumber of the first. Question—Do you know what a censolidated [ ment. is? 5 e Tiisrs: fa 00, aii i the country knows it any better. [Lnugllter.godflxnlgnn and Asbury made changes in- the body of a state- ment. SLIGHTLY BOOZY. - ‘Witness being asked if he was not intoxicated, replied, **No, sir,”” and stated he_drank thig mormng a glass of ale, glass of cider, a toddy, and eockt.alT, and also took a couple of cigurs. [Loud laughter.] Witness said ‘when he_first went upon_ the stand he handed Judee Cavanac 3 ‘paper with two questions he wanted asked. They were not asked, and he conld not remember what they we re. Q.—What was their substance? A.—I won't answer. Q-—Why! . Witness—\r.. Chairman, is thls a proper question to ask of me? The Chairman—TIt is. Mr. Marsh—If you remember, answer the question. et A.—T can’t remember. To Mr. Fietd—Aflidavits. made uy by the clerks purported to give accounts of violence and intimidation ap the polls. . Alterations were made in Supervisors’ returns, and from these changed statements the final compilations were made. MORRISON’S COMMITTEE. : MINORITY REFORT. Wasnryeroy, D. C., Feb. 10.—Ropresenta- tives Hurlburt, Townsend, Danford, Crapo, and Joyce have made their minority report io the Louisiana investigation, concluding as follows: For the first time in the history of this country it has been attempted to destroy a lawful and formal expression of a State in the election of a President by assuming power in the House of . Representatives to examine -into any and all polls, and to purge the election; to make itself a Returning Board, and determine by a partisan vote what Louisiana ought to have doue. Weregard it as the most fatal attaclk ever attempted upon constitutionsl right, as a gross usurpation of power, a5 subjecting in its natural development the"entire question of the election of President to the will or decision of the House of Represcutatives. What_ has been- attempted by this Democratic House in Louisiana may be done on the same principle by some other dominant party in any other State whose vote may be in the way of their party candidate. The cry of fraud is quickly raised, and is readlly repeated, and far too easily believed. Evldence is always ready to support that or auy other charge if great po- litical advantage is to be gained. The only way to preserve the just balance of power is to stand by aud support the formal, deliberate, and lawful decisions of the tribunal constitnted for the purpose, and ordained under the Consti- tution by the highest State authority; by laws which have been expouuded and sustdined by proper Supreme Courts. Any other courseis to substitute guess-work for legitimate decision; the rale of mob- for_ordinary processes of law: the control of a House of Representatives wiose days are numbcered for the determmation made by the people themselvesin due and regu- lar form, chosen by themselves. Passion and prejudice will wear themselves out in time; wild declamation of intemperate orators will svon be’ forgotten; rash assertion of party presses will pass. trom men’s minds, and then this case of Louisiana will perhaps be fairly considered, and the verdict of thonghttul men will be that the Democratic party of that unhappy State are justiy to be held respon- sible for continuous and organized attemnpts by force to annul tho clear will of the majority., The same calm -judgment will de-. clare that®the laws of 1570 and 1873 were neccs- sary as a safcguard against such organized ille- al forees, and should be approved by all who Eclievo in the supremacy of faw. The minority of the Committec suSmit these views, and do not propose to iollow in detail the unauthorized dissection of the vote made from partisan and biased information by the mujorlh{' of the Com- mittee, but to stand upon established law and the deliberate results of the constitutionaiaction of sworn officers of the State solemnly dune, performed, and-promulgated with -all sanctions of law. 4 The undersigned submit herewith the report of the minority members of the Sub-Committee, and close this report by offering the following resolution: = - Zesolved, That the election held for Presiden- tial Electors in Louisiana on the 7th duy of Novem- ber, 1870, was examined into, determined, de- ciared, and promulzated by the proper authorities of raid State, under all the forms of law, and in gonformity with the Constiration of tug United tates. =~ " * FLORIDA. GOV. STEARNS TESTIFIES. - . WasomeToxn, Feb. 10.—The Committee on the Powers, Privileges, and Dutics of the Iouse to-day examined Gov. Stearns, of Florida. He stated thatabout Nov. 13 Le sent a dispatch to the President to the efféct that prominen t men of the opposite party bad arrived in consider- able numbers, and he feit he nceded the advico of the prominent men of the Kepublican party. No reply was recelved. Q.~Did you koow that Pierce, at the timo youappointed bim, w2s a convicted felon? Mr. Lawrence objected to the question, say- ing If no man who had been a convicted felon were to be appointed to office, it would thin the ranks of the Democratic party excecdingly. He had no authority under tbe law to withhold apon mere technical grounds a certificate from the Elector who bad been convicted asa felon and who bad been fully restored to citizenship by a free and full pardon, _Witness telegraphed Secretary Chandler ot New York for troops. The dispatch was more in the nature of information, and was seat in i;:ply l.ohn Lfilv:gntlm g&o;n the Sceretary. Gov. rew, shortly atter nauguration, tele h- ed to Gen. Ruger for trcop‘;.g SRR JUDGE CHURCH. IS UNKIND CCT AT SAMMT. - Spectal Dispatch to The Tribune. New Yo, Feb. 10.—Considerable comment was created by the views of Chief-Justice Church and bis associates, of ‘the New York Court of Appeals, as presented in the Zimes this morn- ing. The character of the Judge is very high, Both for legal learning and impartiality. It is claimed on the one hand that Judze Church is paving the way for dissatisfaction “with the re- sult reached by the Commission, and for setting that body aside entirely as illegal in itsforma- tion and’ existence. On the, other hand, the Judee's position is explained as . duo to his openly expressed opposition- - to - Mr. Tilden on' every ground, and to his desire to Flve the latter a3 many raps as possible. - This s the more readily nciepted opinton, A ‘promi- inent Deinocrat says Judge Chiurch bas from the first manifested his disgust with his paity for taking up Tilden, whom he 5 s a tricks- ter of the lowest chara ter. ut he has not be- fore had 50 good 20 opportunity to deal a square g:;:s\:ion{nz_v ?grwhhz_ r{e'.-t iy with tllxe om- 0 in & raling which struck sharply at the old man’s hopes of the White Housea - OREGON, THE WATTS CASEIN A NUTSHELL. (' Spectal Dispateh to The Tribuns. WasEniGTOs, D. C., Feuv. 10.—The Commit~ tecon Powers, Prisileges ana Duties of the House this morning examined Postmaster-Gen- ernl Tyner relative to the ‘Teslgnation 'of Post- maters Watts of Oregon' ana” Denherder of - Michigan. *“The Postmaster-Generat pro- duced as from the files ©. 3 Department alt the papers bearing upon the resignation of ‘Watts, which show that the latter resigned his position of Postmaster by . telegraph, Nov. 18, and ‘that telegraphic accept- ance was sent by the Postmaster-General Nov. 14, Watts’ written resignation to Special Agent Unaerwood was not received at'the De- partment until Dee. 9. The records of the De- partment show that Heory W. Hill was appoint- ed Watts’ successor Nov. 28; that Hill’s bond was forwarded to him Dec. 11, and was returned approved Jan. 8, 1877, on which day hfs commis- |, sfon wassent him. 1t also is shown that the Special Ag%ut took charge of the Post-Office at Lafayette Nov. 14, receipted for all Government Ero dn!rty, and removed the office to another ng. ‘INCIDENTALS. HAD TOEIR HEADS TOGETHER. . ‘WasHmNGTON, D. C., Feb. 10.—Before Con- gress met in joint session to-day Mr. Hunton was surrounded by scores of Democrats engag- ed In earnest conversation., Evarts had along conference with Mr. Hoar and Senator Bayard with Payne and Bunton. Justice Field had a long and carnest conference Wwith Senator Bayard. £ 5 IN CONTESPT. ‘The Senate’s Oregon Committee will reporu Conrad N. Jourdan, Cashier of the Third Na- tional Bank of New York, as in contempt for not responding - to a subpwena. The groum!s for this action are as follows: On eb. 1 a subpena was issued dirccting Jourdan to appear before_the Committee with an abstract of his book, showing its accounts of °{ Samuel J. Tilden, W. T. Pelton, and. Abram O. Hewitt during the late and present political campaign, . THE JOINT COMMISSION reassembled this afternoon, and after reading the journal of yesterday adjourned until Mos- dayut 10750, b CRIME. FRATRICIDE. Special Dispatch to The Tridune. PITTSBURG, Pa., Feb. 10.—At 2 o’clock this af- ternoon Charles Seifert was _shot and killed by his brother Georze, in a hotel owned by the the father of the boys in Etna Borough, a sub urb of this city. The fratricide had been drink- fug, and quarrcled with his brother about the settlement of a difficulty which the family had with persons in the adjoining town of Blairs- ville. At the time of the shooting the brothers were in the bar-room together, and Georgd-per- sisted in drinking against the advice of Charles. In the quarrel that ensued the Blairsyille trouble was adverted to. Then both men became greatly excited. George, it appears, had com- promised several suits for assaults and batteries in consideration of $25. Charles rated him for this, whereupon George applied 8 most. offen- sfve epithet to nim, and led ioward the door. Charles followed him with an uplifted chair, and just as he came within striking distance George fired upon him, and he fell shot through thebody. Ile expired soom after. Deceased was a stalwart man over six feet in height, and of very peaceable disposition. He was 34 years of age, and leaves o wife and one child. The tratricide’George 15 o boy of 19,and a drunkard. Immediately after the murder he surrendercd himsel, and is now in jail. = BIGAMY. Spectal Dispasci to Tia Tribune. EasT Sagivaw, Feb. 10.—James Smith, of Caro, Tuscalo County, was convicted in the Cir- cuit Cowrt of Saginaw County to-day ‘of the crime of bigamy. The information alleges that on the 19th of July, 1863, in Lewiston, Niagara County, New York, James Smith was martied to one Marv A. Tower, and that without separation by death or divorce from the woman thus made bis wife, he did on the 7th of Dccember, 187, form auother thatrimonial alliance with Miss Abbie Parks. Smith is a man of about 50 years, and a well-to-do farmer. Whnen the jury an- nounced the verdi:t he nodded and ~grinned. Miss Parks is o minor, and there were no legal proceedings entered against her. SPRINGFIELD ITEMS, Speetal Dispatch to The Tribune., SPRINGFIELD, -Tll.,, Feb. 10.—In the United States Court to-day Clarence M. Starik, of Belle- ville. was ‘convicted of sending fraudulent cir- culars in the mails, and fined $100 and costs. Jere Clancy, of Jacksonville, pleaded guilty to selling )iiuar without paying special tax. fined $25 and costs. Richard Buchaoan, of Kinney, Dewitt Coun- ty, was fined §50 and costs for Intercepting his brother’s letter in the mails, : Ten United States prisoners, mainly counter- feiters, were taken to the Penitentiary to-day by Deputy Marshal Hill and assistants. BANK EMBEZZLEMENT. HARTFORD, Feb. 10.—~The Bank Examiner has caused the arrest. of John C. Tracy, President of the Farmers’ and Mechanics' National Bank of this city, and J L. Chapman, Cashicr,—tbe former for misdemeanor in falsifying accounts, and the latter for the embezzlement of $75,000. Thev gave bonds to appear before the Unitea States Court. The total loss by the bank from overdrafts and loans on poor security s thought to be about §560,000. Tfi: bank has a surplus of §300,000, and undivided Ymflls of $90,000. The bank is able to meet all lisbilities, and con- tivues business under the charee of Leury Deney, a leading stockholder, Director, and Vice-President. ] — . ~TWO YBARS. Special Dispatch to The Tribune. PEoRI4, 11, Feb, 10.—Judge Cochrane to-day sentenced Jumes Williams, alias Johnson, to tho Peuitentiary for two years for forgery. Will- iams is a colored preacher, and about six weeks asto he scld a forzed note toa bauker bere, and skipped to St. Louis with the money. e was arrested by the autnorities there, and seut here. He made to defense, and took his sentence very philosophically. GUILTY. * Special Dispatch to The Tribune. Keogu, la, Fev. W.—Tue trial of Mike Flinn, on the charge of murder in the first de- eree, for the killing of William Rogers at this place, in August last, which has been in prog- ressin the Districy Court for several days oast, was concluded to-day. The jury, after bejog out about an Lour, returned a verdict of guitty of miurder in the sccond degree. Sentence has 1ot yet been pronounced. JOON D. LEE. SarT LakE, Feb. 10.—The exceptions taken to the rulings and sentence of John D. Lee, the Mountain Meadow murderer, has been over- ruled by the Supreme Court of the Terri- tory to-day, and the Sccond District Court was ordered to fix anotner day for the esecution. It i probable that an appeal will be taken to the United States Supreme Court. REFUSED 1O TESTIFY. AMEeMPHIS, Tenn., Fob. 10.—Judge Logwood, of the Criminal Court, this morning fined ex- Mayor John Loogue $50, and sentenced him to Jail until he will answer, tor refusing to testiy against his son Robert, charged with forging bis 1aticr’s name to an ofder fur a smn§ amouut on Barchus & May. Jir. Loogue re- 1used on the ground that his~ testimony would disgrace bis soi. REPEATER IN LIMBO. Civerysari, Feb, 10.~Eph Holland. was gr- raigned in the United States Coart to-day to answer 1o the charge ‘of being fmplicated in {raudulent voting at the October clection. His bund was fixed at $10,000. Up to the preseut. writing he had not secured a bondsman. ——————— TELEGRAPHIC' NOTES, Special Dispateh to The Tridune. S100X Cr¥, Lisuy b e 10.—1'i¢ Iariners around bereandin Soutuern Dakota have commenced plowing and getting ready for spring seeding, L the weather ' continues during mext week as warm and dry as it has been during the past two weeks the frost will-be nearly all out, and farm- ers willhave & good sharcof their wheat in the ground. Crossmg on the ice ot this place is suspended, and provably the jce will break up and move out of the river wituin a few days. 3 Spectal Dispatch to The Tridune. NEW YORa, kb, sU—a wholesale -change was made among the. police today. Sixty- seven roundswen were reduced to the patrol ranks, and fitty-seven patrolmen were prownoted ioto roundsmen. The reason given is neglect to report delinquent, patrolmen. The Polico Board also censured the Captains for a growing tendency to spend most of their time in the station-houses and to attend to their private business rather than that of their position. N FRANCISCO, Feb. 10.—A Eureka N"}} dispatch says ‘the District Court to-day. denie the application of the Eurcka Cousolidated Company for an injunction ‘against the d Consolidated Mining-Compauv (lim- ll:l(:ll;?l&nLondon, and vacated “the restraining order on the ground tbat the London corpora- tion was not & proper defendant. The sime proceedin; be immediately instituted sgainst, the American corporation, the Rich- ny, of Nevada. e v Fe‘ti‘.mllo.—dné Lako Shore & Michij Southern road Compauny scttlec with the widow of L. C. Crain, killed at Ashta- bula, for §5,175. .FOREIGN. CHINA AND JAPAN. CHINA. . Hoxc EoxG, Jan. 15, via SEANGIAY, Jan. 14 —There are reports of various difficultics be- tween the Spanish Minister at Peking and Tsung Ki Yamen, growing out of the question of the employment of coolies in Cuba. The Chinese Government absolutely refuse to sane- tion the further employment of Chinese labor- ers {u the Bpanish colonies. @ Chung Shi Manchee, Governor of Shing King, dled suddenly, much regretted. He wasa Re- former, and an official of strict integrity. General news unimportant. * JAPAN. Yorouaya, Jan. 23.—Great public interest is excited, but no dangerous feeling, by the ex- traordinary measures for the reduction of tax- ation. The amou't of relief to land-holders is $16,000,000 a year; as communicated by the last mail. To meet this reduction, the cxpendi- tures are cut down in every department, and a ;great number of minor * oflicials dismissed. ‘There was a momentary con.usion in eeveral of, the Bureaux, but there is a genera] confidence that the result will be beneticial to the working of the Government, as well 2s to the populace at large. . The. opportunity bas been taken to remiud Foreign Ministers that thisreform could long ago have been effected but for the depri- vatfon of revenue by infmical taritts which com- pel the inordinate taxation of the pessantry. ‘The truth of these rcqlicscntnflons .Is admitted by the Unitéd States Ministers, but no response is given by the Europcan Euvo‘{a A fire in Yokohama destroyed the English es- tablishment of Lane, Crawford & Co. and the Awmerican house of Kelley & Co.. Loss about $200,000. Fally Ineured, . The Annual Industrial .Exposition opens at Kioto March 15, and continues three months. J. R. Wasson, American attache of the For- mosa expedition, received a * fourth-class deco- ration of the Japanese Order of Merit for.ser- vices in that enterprive. . ¥ - Postal agencies arc established by Japan in 21l the northern ports of Chinu. A seriows diplomatic complication, expected to fead to fmportant results, has arlsen from the recent questlon of occupation of land and residence by forelrmers vorts ~ of Jopan not opened by treaty. The present situation shows the United Stutes authorities in an attitude apparently hostile to Japanese in- terests, but it is believed by Americans that the ultimate development will demonstrate the purpose of the United States representatives to encourage the-progressive designs of Japan. At preeent there is much - feeling” on all sides, and great difliculty in reconciling the varlous con- flicting claims. 5 The Emocror’s visit to Kioto was postponed on account of heavy storms, He will start to- morrow. * The foreign Ministers have accepted an invitation to accompany the Imperinl‘ party. THE EAST. TRADE JEALOUSY. Loxpox, Feb. 10.—The Servians declareit impossible to discuss the stipulation for grant- ing privileges to the Jews and Armenians equal to those enfoyed by other Servian subjects. The opposition is actuated by trade Jjealousy, and comes from a combination of- Belgrade mer- the Ministers for Loth political partles. Servia does not, seriously object to any other of the Turkish conditions. ¥ ‘AN OPTNION. ‘BrusseLs, Feb. 10.—Le Nord eays: - “If Eu- rope renounces its right of action under the treaty of ’56, Russia will be justified in assum- ing the attitude she held before that treaty. PEACE NEGOTIATIONS. BELGRADE, Feb. 10.—Ministcr Ristics and the Turkish delegate, Pentef Effendi, have agreed on 2 basis of peace, viz.: Saluting the Turkishflag, consccration of the Servian fortresses, and pro: vention of armed bands crossing the frontier. Effendi has asked the Porte for -instructions on other points. \When the preliminarics are set- tled Ristics will go to Constantinople to defin- iteively negotiate terms of peace. MEXTCO. THE COUNTRY QUIET. BROWNSVILLE, Feb. 10.—Tne Mexican steamer Maurleo, with Vera Craz dates to the Stn, reached the mouth of the Rio Grande this morning, baving on board Gen. Miguel Blanco, who has been appointed by President Diaz mili- tary commander of this frontler. Gen. Blanco was Minister of War at one time under Presi- dent Juarez, and is an officer of experience and ability. He reached this city with-his staff about, dusk, and was accompanied to Matamoras by Gen. Placide Devegn, who has been o refugee in Texas for months past. The Collector of Customs appointed at Mata- moras by Gen. Diaz eutered upon the discharge of his duties to-day, as did the Federal Judges and several civil “officers, and the siege of the city has been raised. When Maurico left Verd Cruz, Gen. Diaz was ?xpc;tcd toreturn to the City of Mexico ina ew days. The report of the escape of ex-President Lerdo In a German vessel bound - for Panama is confirmed. * The entire Republic supports Diaz, and the country is quiet. CUBA. POLITICAL PARDONS. Havaxa, Feb. 10.~A decrce bas been fssued by Capt.-Gen. Jovellar, in which, after setting forth that the war is resulting very advautagy ously to the Spaniards, be pardons all political prisoners on the Isle of Pines who are natives or residents of the portion of Cuba west of Trocha, provided the prisoners are confined by order of the authoritics, and-not by any court. BELGIUM. ELECTORAL TROUBLE. Loxpoy, Feb. 10.—Malou, of the Belgian Ministry, has resiened on account of opposition to the Electoral bill. There have been several disturbances lately owing to the bill. GREAT BRITAIN. MISSING FISTING-VESSELS. Loxpoy, Feb. 10.—Forty Yarmoath and Lowe- stoft fishing-vessels, with 200 persons on board, are missing. Vessels are searching for them. SPECIE RESUMPTION, Spectal Dispatch 1o The Tridune. BurLiNGTON, I2., Feb. 10.—Spedie payrents were discussed on ’Change to-day, and the views of the business men of Burlington were embodied io the followinz resolutions, which were adopted: % : Jegolted, That in our opinfon specie-payments should be reached by the .\Fullnnul :cv-:n'x’u{nnl'by methods that will not matenally disturo the smount of currency afloat. To thisend we advocate the sale of long-time bonds bearing a low rate of in- torest, aud that whep a sufliciend amount of gold has been nccumulated by the wale of bonds to Justi- 1y resamption, the Leal-Tender act shail then bo- cowme operative 80 as to make grecnbacks recelva- ble for Government ducs, 5 Xesolzed, That the presentis o most favorgple time to fusue the bonds and place them on acket, und that we ask the present Congrest to take action In that direction. Resolved, Thut we believe such action will con- duce to the best interests of the country by restor- ing confience umeng bueiness men, and give sta. bility and permanency to values, . at Moscow has been intensc, and at St. Peters- burg it has interfered seriously with out-door pleasures. The Russian army upon the fron- tier is suffering terrlbl{. It was sent down there just at the beginning of winter, and bas to lie idle in a low, marshy district, where the winds from the Black Sea and from the ravines of the ice-bound Caucasus sweep in by turns with great violence. It is said that the Grand- Duke’ Nicholas found his army in so bad u con- dition that he would not take the ms{;}ousibfllly of commauding it. The men were dying like sheep with the’ murrain, and the Grand-Duke feicmed illness in order to get recalled to St. Petersburg, to remain until war was declared, for. he could mot kear the ides of secing anin- active army melt away day by day without ob- taining any good result. LIFE-INSURANCE. NEW JERSEY MUTUAL. Special Dispatch to The Tribune. NEw Yok, Feb. 10.—Ex-Gov. Parker has filed his bond for $200,000 as Receiver of the New Jersey Mutual Life [nsurance Company, and taken possession of the office. To-day Gov. Parker came to the office of the National Capital Life, in this city, to which Company the risks and assets of the New Jersey Mutual was trans- ferred hud had an interview with the President, Benjamin Noyes, who . stated that the assots had been handed to him by Mr. Sted- well sealed. The seals had never been broken, and the package would be turned over to the Receiver on” demand. No -transfer has yet taken place, but the Treasurer of the National Capital sdys an adjustment will be made satis- factory to all. parfies.. . President. Stedwell, of the Mutual, bas not been scen recently, and is sugnposcd to be quietly keeping out of "the way of ingquirers. .. . . . THE COLUMBIA LIFE. 87. Louss, Feb. 10.—The Comumittee appoint- ed a few days ago by Col. P. Rice, State Super- intendent of Insurance, to appraise the real estate belonging to the Columbia Life-Insurance chants, who influence the clique which furnishe | Company, made a preliminary report to-day. This property is scheduled by the Company as being wortli- $1,051,776, while the appralsers valug ft at only 3637,750, showing & difference of $444,026, and reduces the assets of the Com- ‘pany to that amount. CASUALTIES. 'DROWNED. % Special Dispatch to The Tridune. MANISTEE, Mich., Feb. 10.~—Last night while Charles Seyfort and John Oscar, both residents of Stronah, o town five miles from . this,city, were going home from here in a cutter; they at- tempted to cross Lake Manistee on the ice be- cause it was nearer. A hole nad been made in the icc by men cutting supplies, and the two nien drove into it. Oscar was thrown headfore- most into the water and Seyfort clung to the cutter” and called for help.” Assistance came after awhile and rescued Seyfort in an insensi- ble condition. He hassince revived, but the other mau’s body is not found yet. The horse and cutter were also rescued. i CAUGHT IN MACHINERY. Spectal Dispaten to The Tridune. JoLre, Ill., Feb. 10.—~Charles Dorre, a work- man employed in the converting-mill of the Joliet Iron and Stcel Company’s Works, was canghtin the machinery this morning and so b:ml’:vs crushed that slizht hopes are entertained of his recovery. Dorre had been working in the mill only a few days. He is a member of Dorre’s Band and an estimable young man. BURNED AT SEA. Port Rorar, Feb, 10.—Steamer Bavaria, from New Orleans for Liverpool, burned at sea Feb. 6 v 8:30 p. m... The cresw and passengers were alffsavec in the ship’s boats. They lost every- thing but what they stood in, and were pickeéd up by the bark Dorothy Thompson in a north- east gale, nineteen hours after, and landed at Beaufort, 8. C. 3 e — LATE LOCAL ITEMS. ‘William Deal, 2 notorious young thicf, aided by the equally notorions Minnie Marks, last night held up Rafas W. Vicle at the corner of Wabash avenue and Eighteenth street, and rob- bed him of $1.50 in cash, a $100 promissory note, and a lot of valuable papers. Deal was locked up at the Twen ty-second Street Station, but his companion-in erime made good his escape. The residence of Jeff Hanking, 230 Warren av- enve, was entered by burglars last evening dur- ing the absence of the family. They proceeded to pack up the silverware, loose money, lambrequins, and other plunder, amount- g In 1 to about $2500, in a couple of shawls. The return from the theatre of the occupants of the adjoining residence, who made cansiderable noise in opeu- ing the door, disturbed the invaders, who in- continently fled, leaving the “loot™ behind. dJeif called the turn unknowingly, and considers himself winner. Last-evening Officer Patrick O'Hara of the Deering Street Station ran -across a geng of young roughs at the corner of Archer avenue and Main street, and, upon ordering them to disperse, they turned upon himand divested him of his .Jub and police-whistle and knocked him senscless with stoues. and chunks of frozen mud. The officer singled out one, William Sz:u—rg, a’ well-known thief, as the eader of the attack, and chased him to a2, residence near oy. Searrg rushed in and locked the door be- lind bim, whereupon the officer threatencd to shoot through the door. Scarrg then rushed out upon O’Hara with a table-knife, and to de- {end himselt O.Hara fired two shots at him, the first missing its marh and the second lodging in -the right tLigh. The wounded prisoner was re- moved to the Twenty-second Street Station, Jiésolved, Thutn covy- of these resolutions be forwarded to our Senators and Representatives i Conzress, with the reqnest that they be aid before the respective budies of which they are memgors: ———— The Wenther In Europe, The Lonaon and Parfs_correspondents of the New York Zimes furnish some interesting in- formation concerning the weather in ZEuarope this winter. In England the rain-fall in Decem- ber was the heaviest known for seventy years, and there never wasa wetter January. The damage done to crops, raflways, farm-burldings, aud private dwe:l(ngu throughout the country will amount to milons sterifng; while the dis. asters at_sea have been far more serious thun was fmagined. The Faris correspondent, writ- ing Jao. 8. says: ¢ Within the memory of the oldest inhabitant, I may say, without, ton, there has never been s winter like this, Sigce the cnd of autumn we have had spring. like weather, with no cold, no lrmitl an¢ vcrg little rain. To-day it is- séarcely cold enong] for an overcoat, apd a Aeht summer- shower -is falling, .with ‘intervals of sun- shine,.“which. makes ‘one- look™ with -wan- der upon the trees that still remain stark and bare. No ome would be surprised to see them budding out.” Tn Russia there has been. an unexceptionally rigorous winter. The cold and there attended by City-Physician Dunne. Light by Lightniag. & Cleveland Leader. Mr. Brush’s machine wus put on exhibition last cvening and proved an eminent SUCCess. Upon connecting the wires and starting the ea- gine an electric spark flashed to the carbon puints, of such intense brilliancy as to render it impossible to look at it without colored glasses, and to cause the gas-light to throw 2 ghadow. A piece of heavy stecl wire held in the spark burued hke paper, and a knitting necdle was consumed in half a minute. A nickel five-cent piece was quickly melted, although thut metal 1s onc of tiie hardest to fuse. Aufur various ex- periments had been made with the lizht, @ stere- opticon was brought into play, and a series of fine views displayed. An interesting part of the performances was the exnibition of some micro- scople specimens, the shadow being thrown on a large screen. ~ A small drop of lake-water was shown, aud the result was endugh to make any oue foreswear water as & beverage for the rest of his life. It was literally full of crawling, wriggling things, some apparently six inches long. A'megnified likeness of the burning car- bon points sbowing the transfer of parti- cies from ome to the other, was thrown ou the screen and preseuted a zorgeous appear- aoce. A number of men intercsted in scientific matters were present, and expressed themselves. as quite well satisfled with the working of the light. There has been some discussion lately about using clectricity for illuminating pur- poses, and it is said that several large firms in this chy have thought scriously of the matter. Mr. Brush s;{s that the machine he had on ex- Libntion would cost about $400, butthat one carrving eight lights could be made for$1,500. He intends the construction of & machine which will have about forty times the capacity of that last night: It will equal 85,000 candles, and will reguire a ten-horse engine to run it. ‘This ma- chine will weigh about 1,000 pounds. —— .‘A Kangaroo Mouse, New Haten Journal. ol A few. déys 820, a pet canary bird owned in a family in East Havenwas found early one morn- ing dead in its caze. many feathers were tound scattered i the bottom of the cage, and the body of the bird had suffered considera. ble laceration, as fvom the teeth of an animal, Iy was impossible_that the muschief bad. been done by a cat, und the followiug night 2 mouse- trap was set iuside the cage. No catch, how- cver, until the night succeeding, wicn there got into the trap a_kangaroo-mouse, somebody named it. This little animal, which had un- doubtedly destroved the ‘cavary,- is about the size of an ordinary mouse, perbaps not quite as larze. “Tts front legs are much saorter than the others, and it has a way of gltting up like a kan- guroo. Its movenient Is a jump or spring, like toat' of a kabguroo, and it has a spot or white furonits breast. It is conjectured that the little animal may bave been brought to this country in some foreign vessel, but.the ques- :iflowfl it fim:h:rl East g;wen s&ore and en~ cred a dwelling-house renders’ such o supposi- tion hardly reasonable. - e —— - Philadelphia Bulletin: She.was at the Acad- emy of Music last evening t6 see - Sardanapa- lus.” During the sécond act, while. gazing at the bewlidering piroucttes and evolutions of the ballet~dancers, shc turned to her escort and said: * Ton wrg a wonderful man.to write , By all &rlsr,’ Wwaso't he JUSTICE COURys, . —_ The Practice of Fining Men w: outa Pre‘liminary Tri:|w o ey . “Proposed Amendments o the' Jug; Act Begarding Appegl;, o A man named Joseph Sitle; Justlce Pollak Friday fn the rote oy ‘ros Sty ‘witness against Dora Forrest, ' one of :;:u“x mates of Capt. Rounds’ hous of Prostity L Sitley cbarged Dora with having robpeq i i what money he had abont his Pperson whil, ek Joying the pleasure of her company, -n§ o matter ended, 8o far as Dorg Wag co, the her beiny¢ held to the Crimina] Court. 5 action of the Justice as regards Sitley h‘;; raises & question in criminal practioe gy tow Wi the lawyers differ in their Opinions, f¢ b out, in the evidence of Sitley himsey, Yow Dad gone into the saloon fa 4 less, and one of esses the defense swore that " Siey through With bis liitle _adventury sl B out some 322, or such g matter, for Justice Pollals, bearing fn mind the et providing that, persons who sre inmates of P places, or whoin any oy contribute to ,';‘f‘ gupport; may be fined in a sum Dot more . $100, concluded that the prosecating wig, came uudér the provisions of the optjsg 1S therefore fined him to the extent, of sss,e’ fore doing so, however, he says he with Prosccuting-Attorney Bojien propriety of this course, and was told certainly a right to fine the question now arises whether - < THIS SORT OF “SSAP-JUDGMENTY as it were, does not cut a ‘man’ off K;om precious boon, a tral by jury. Joo lawyers, like many other learned People, difrer E2 materially - fn their -views - a5 10 *whag 1is § Pproper i such a case. A3 a rale, . B is carried out in the Police Court, ang d.m 5 on the ground that the Justice Das the right 1y take cognizance of all offenses brought tods § motice.” At least “two of the Justices of thy Peace, however, whom areporter talked wify yesterday, hold that this conrse ig 2 though they do'not go 5o far as 10 8ay that iy illegal. - One of them torsely expressed it thay; “Though the man admitted it-himself, T hyry Do business, - without having a co, plaing. <fi,,} against himy' and without his- hayj 2 trial, t5 fine him. fle must have a trial” | 0 £he gamg general effect were the words ot 3 wrell-dnory criminal lawyer: “Sucha practice {3 impoylyy of course. The man ought. to e charged an tried for the offense.- He need mot Deceanry be arrested, but a complaint ought o pe md out against- him, and, when so Court. could find him guilty on dence. Bat without the complaint he has no such right to fine the map. 3ty the Justice has jurisdiction of the ‘person, by. having him before him, and of the Subject-mxr, ter, the irregularity has no other effect than tg be jr};on;ops. It can be remedieq But whether irregular’ ornot it'will ovenr to the averace reader that the ey BENEPICIAL RESULT OF THIS PRACTICE . is to get from-the complaining witness, tumag case, an amonnt of mozey st c . wity, before EE his nwnx gale'udnnc 1in this cient to cover the expense of trying thoss generally have no money at nlll:yxgme b may Iudeed be uncharitable enoughto think the'same {dea may have entered the mindset the Justices who foilow this practice. Tha weight of authority scems to be &tl this mods of procecding is, to say the least, {rregular, a4 that, in all such cases, the prosecuting: or any other witaess, who I the course ol trh sdmits that he hos_done something in it :1(1 u:_e laws and grflmmcw, should be servedyy otber accused persons are, accordingto o process of law. A AFPBALS FROM JUSTICES. - At the last meeting of the Bar Atsocatig two proposed drafts of bills for amendpantof the Justices’ act, in reference to appeals, very considered and discussed. They were s stantially similar, and_the Association diretsi Jubn Lyle King and W. P. Black to revise o consolidate - the two, 1s approved:byth i« sociation. Those gentlemen have acted under the resolution, and the tollowing Is thednftol 2 bill to be recommended to the Legislature. The first section Is substantially unchanged: Sec. 2. - That Secs, 64 and 65 of said act beons solidated and amended 50 a8 to read: .+ The . ty's bond above provided for may be fled be and be approved by the Justico entering the ment, orma be tiled n the Clerk’s officeof thes late court, when the Clerk shall approve the bk and if the bond be filed In the Cierk's offes, costs advanced as hereinafter provided, the {lct shull at once 15sue, and deliver to the Sherlf tou served, a superscdeas, enjolning the Justice o Constsble from further proceeding In the suit, ni #hall igsue summons to appellce for his appesrzs at nest term of court, which summons shal be served and returned as in other cases. Wil bond ia fled before the Jostice, ;;«i ‘coeta adnaxed the party praying such a Diovited ors bz cuck Appeal s horsd and Constable, they shall suspend all forthet pro- ceedings; and when such bond 13 filed with Justice, and such costa advanced, or on servieol the superseieus on him, the Justice shall ol ks own_motion, immedustely retorm to the Clerk ol tac Court all the papers and a transcript of thep- ceedings and judgment, certified as a ful and je- fect statement of all the proceedings In the . Sec. 3. The party taking such appeal. and 13 condition of such apoeal, shall, at thatime tie - peal bond is filed, advance all costs required fortia Lranscript, and for the appealing sad docietngd such case. . s::.I 4. Justices or Lh':! Clerk Zelu: -;n:b " appeal is taken may require sureties to Witing and verity oo Gath. of afleastos ments " touchin heir property and suiclencyss security, and the appellate court shall, st &y time, on notice and_for good canse sbowd, eureties in- appeal bonds to justify as aforesdes otherwise, or may require nei, or other, or i tional suretiesto be ;iven. The oath of such fut ty, when reduced to writing, shall be sigeed Y him. And any surety who shall wilfally maizs! false statement as to his or her property, or id ciency 44 surety, shall be hold yuiltyof pequly and. inl conviction thereo, shall umfl‘l’o cordmngly. S SEc. 5. The party appealing, at the time of f128 the surety’s bond zb:\i provided for, Mt.l: with the Justice or the Ulerk, withsuch i alidavit wetting forth his cause of actlon, or & fense, or answer, as tae case may be. A aflidav* - fled with the Juatice, it shall bé i ¢d by the Justice with the :mucflpta(mwfl late court. And if the party taking am.ll'mx shall neglect or refuse to file such afidavit, avpeal bull, on ution (unless for cause 11 tiwe is given for fling such atlidavit, and such S davit s lled within such time so given), et such appal or atirm the judgment of be Jate 83 may e desired. And 1f the appellans 8 such afidavit a3 above required, tho appellee 4 within ten days from the docketinyg of the u the appellate court, file an allidavit eetiing. 17 & cause of action or the paticulurs of hls et as the case may be. And on default of the 8 Iee to file such afidavit when requircdas aforetsh the court may (unless for cause shown timel iven for fling suca afiidavit, snd such aBdsrid Hied within such 1ime o given), on. motlon miss the snit or give jodgment againet mm%‘; lec as may seem in uccordance with the rig! 4 o cause. And when such affidavits shall be it 2 court may atany time, on_motion, if either A% atlidavit de doemed insufficlent, as pot sHUZL legal cause of action or defense, as the ut:a be, either dismisa the appeal of the suit, otfeEl canse down for speedy Lrial, or canse the ;l““flw be placed upon the appeal calendat herelaafcryy Viged fur, g the justice of the cage may <L, Sec. 6. When the party appealing shall liable for any amount of debt. damagee. 3BISHG ona judgment reuacred acaiust him, after sk on dismiseal of the appes] and murwines of Jugzment of the Justice, aud an execution <%, ahafl Bave been rotaraed wasatisted, In W part, the plaintiff in such judgment may, bY of sald appeal bond, have judvment enl o] the surety in the appeal bond without notics sorsice of process upon the sursty for the A% of the sa'd appealed judginent, interest, sndeX 25 aleo for the costs of entering and en(ordun" said - judgment .aguips: the surety;.20d 65 judgment " geinst eaid surety shall have 107 and olfect asf the same had boen entered 02 e rant of attorncy to. confzu;ndfm«m, moy-&gm 8 udgment by confession, aud execation WA, miy i=gue as In other cases. The judgment 2815, the surety may be entered in the appellate Oy, fnal judgment was rendered therein sgaloft iy principal in eaid bond, or In the Juatiee’s O1h the appeal shall have been dismiss Seer. Courts to which appeals from mfi ments of Juatices are or may be taken, bY 0/ sald court, prior to the first day of each & canse 10 be made up for trial at such t57m, & {lar of appeal cases, or cases brought o cestony uo order, and a time may be by S order designated for the call of such appeal o when the sume, If proper sppearance hua beet 7 may be calied for trial, or other ther exclsivuly of other cises, as faras mag be T2 sonebly practicable and consixtent with 1! @ venlent dischasve of the duties of eaid court, See. 8. The Circuit and Superior Courts of County may desfynate any one of theJudges 3 £ald courts, respectively. to prende at s13 55 of the conrt, to try and dispose of such 3 cases, ‘sc as above set on said calendar. ———————— % RITHE PRE;IDENT-F;XHECT, Special Dispatch to The Tribune. CINCINNATI, £u0. 1U.—Gov. Hages. wlln.n‘;‘g gon arrived here to-night, and are the xznfiJ 27 of one of his old Gincinuati friends, Dr- % e Davis. There was a banquet to-night 8t % Grand Hotel given by the Bar to the It Judges in this'county.” It was a large pers ited affair./ Gov. Haves was onc of the gU! £ having been for many years a lawyer he&w} was toasted, and made a brief mpflflfi 'IIflS’ ing kindly to the memory of the deceased JudgL here who were his Iriends, and proposi’g’ their memory.: B ST