Chicago Daily Tribune Newspaper, February 11, 1878, Page 5

i , 1 V PSS £ 'Discovery of the Big End of the THE CHICAGO TRIBUNLE: MONDAY, FEBRUARY I1, 1878, t halr, light complexton, srounder?” fn Bainbridge strect and e alley. He has no occupation, sud the polfce say he {8 & bard case. AN APPROACHING TRTAL, Soectal Papatch to The Chicaga Trisune. Kzoxuk, Ia., Feb, 10.—Intense Interest in the trial of Wilils James, for the murder of Lewls Bpencer and his fourchildren, near Leroy, in Clark County, 3o, in August last, which takes place at Kahoka early In April, has been revived throughout thia acction by some recent disclosures which have been made in the gase. Jamea has been Indicted, and 1s now confined In the Clark County Jail at Kahoka. It (s reported that not long since a detective, who hes been working uv the case, seeured from James 8 promisc to discloss what he Kknows about the munder upon conditfon that Lo be guaranteed protection from inob violence, nud whatever immunity the law affords, After consultation with his attorney, he refused to maka any confession, and denfes that he cver agreed to, but the detective had two reputable witncsses scereted Inthe jail, who overheard the conversation between lifm and tho prisoner, on lamber in zaft: feet per mile; and on tmber In raft 1,000 feet per mile—all which tolls shall ba co) Iected by the said Ratirosd Compeny, or hy any Biate Callcctor to be deslgnatea by the Canal Bosrd, tu be pald over ® the Htate on account of the anma apecified and stipulated In the dfth sec- tion herein next following. Src. 5. From the tolla thus 1o be collected snd of the procceda of the 23 cents far towage collected, the naid Nuffalo, Syracase & Albany Hallroad Com- ‘pany shall pay to the Treasnrer of the State, on the 1hth of each month from May to November, both inclanive, the sum of $128,571, 42, being $000, 000 z:lrl". and Ahall retafn any residue of the gums to coliected by them in fufl compenention for cost of eatablishing and maintainingasid aystem of tow- #ge and of collecting aald talle igc, 0, In order Lo prevent Fices to bs charged by the sald ltalitoad Company, fi the trangportation of pernons of property on the rafiroad to be constructed by tho sald Company, 1t 14 herehy provided that they shall not charge n Tighee rate than i of & cont per ton per mile for through frelght woved on thelr tracks, snd no more than 11y cents per ton per mile, and 20 centa # ton far londing or lllflold\fl" local freivhid In all nnt Jess than o c ad, and in less amounta sch uniform rates as the Itallroad Company may establish, and rates not excecding 13§ cents per mile upon passengers, throngh or Jocal, Szc, 7. Thoaystem of towage hereby suthorized ahall bo subject to the supervision and control ‘of the Canal Baard, and the same ehall ba aubject to ol the rules and regulations catablished and to be eity eannot be held for them if the money Is not on hand that was collected from the levy made for the purpose of defraying the efpenses of the ‘eflr fn which the certificates are fssued.” * Do you mean the 1575 certificates, as well'as those Iater?” *Yes. The revenue collected for theex- penses of that year, | think, would properly be unblicable to the liquidation'of the paper upon which the city got money to pay the expenses.’ ** What wifl ba the effect, by inference, upon the county temporary loans? " ** That is another question. I told the Board that the Sprinafield case and Judge MeAlilster's decision would bind us as far as they went. My ¥iews upon the aubfect will he sutbmitied to the Board with the Finance Comimnittec’s report to- morrow afternoon, and I would not care to an- ticlpate that report.’! **(iive me the point, simply, of your view." ' 1 sny that they way anticipate the collection of tazes.” ** By 1ssuing certificatesi™ “J dont aay sv. The tounty must be relleved from lability upon any evidenct of debt ft may fasuc. ‘The Treasurer must be looked to. bave sald nothing about Intereat at afl. We «didn’t get that far, It would he Impeacticable toput out any such paper, cven If interest could be paid.” If the county is to Le entirely released trom any contingent labllity, of course CRIMINAL NEW CITY FINANCE A Semi-Official Opinion on the Municipal Con- dition, Washington Land Swindle, L4 Probability that Qerman Finane clers Have Already Been Robbed. An Economical Administration Needed; Also, 2 Constitu= tional Amendment. ny discrimination in pouble Murder in & Disrépu- table House of Philadel- phia. The Colvin-}ayes Certificates Le- gally Knocked Into n Cocked Iiat. Interest Attaching to an Ap- proaching Trial at Kahoka, Mo. Judge Wallace Regards the Principal Not Affected, Only the Rom- edy of Collection. A Human Belng In a Duogeon Worse EMI-OFFIC ? Y e th r. than That of Giant Despalre and who will testify 88 to what was sald. An- | establisned by the Canas Hoard for the mavigation SEMI-OFFICIAL. we couldn't negotlate the paper. the canala, - But think the g 3 other fact which lins just been brought out is 8xe. 8, In cade the sald Nallroad Company, its Tusicrs "'mc:i'qml: VIRN O cmm““{"";‘ !'-‘1:"0:‘-&“"%13‘: ":lcl'l‘(lfill"f?fln““gy that, on the nightof the murder, two men | Auccessors or assizng, shall neglect or fail to fntro- BION:. Toturn from Malno of a Beverond Gene | who “were. on thelr rotutn from an | uceraid system of towing ontho &rio sad Gawe: |t What is your oplnlon of the city'a financist Yo hat ke il o pal fo tioss who wivgnecd 1l with Nino Wi tand trl ' Konsas, © camped 0 Canale, lb«lwnen tho 'ludmn River and the | condition, under this Supreme Court declsion, “1think wherea tax is levied for o given ek sl ;“" o uturp e:r llml rc'sldcncc of ';‘I::hl’::m {zflv’l‘le‘ l:'n‘;:.,? and how can sha get along during the coming | purpose, I any one advances the money to 1 !'«Iewtln‘ 8 vnmrrcAm:‘nt 8 o'elock in thamarn. | cense, maid Company shall remove al year, {f she cannot borrow money on city cer- | sccomplish that purpose before the tax Is cot- A GIGANTIC SWINDLE, 1R Gha ot thiam swen man, whom li¢ has since | erected by them on the banke of the c and tificates?" sald o reporter yesterday to a promi- | Jected, that the money collected 1o the tax can Soeclal Dispatek to TAe Chfcago Tribune. New YoRg, Fab, 10.—Under the Qeneral In- sorporation law of thisBtato many swindles tave been perpetrated by bogus corporations. The Times exposes o large fraud about to be perpetrated upon the people of Germany by one luce tlie Lanks, a8 found, If reguired to do #o by "BecrD, e Legtelat t any time al xc, 0. ¢ Leglslature may ot an, me alter or madify the provisiona of this acts Brc. 10, iy acty wxcent” for tho purpoten of conrtruction. thall not take effect until fhe road shall bave been opened for use from the jladson River to thie lakes, snd fifteen days’ public notice he lawfully applied to the liguidation of the paper. Tiie payment of Interest scems to bo cut off by this decision,” Then the transaction between the city and the lender was In the noture of an assignment of so much of the taxi " “4Vell, 1L Is better expressed this way: tis fdentifled o8 Elljal Spencer, the brother of the murdered man, golng from the dircction of thio Jatter's homo to his own. When Spuncer at- rived within spenking distance he halled him, but reccived no answer. Spencer passud within eight or ten fect of the witucss, stopped an la- stant, and then continued In the direction of his nent lawyer, who Is familiar with the subject of uity finances. “There {8 no question,’ was tho lawyer's re- Py, * that the city 18 in a bad fix. Now for the rewedy—tho ways and means to oull through until she catchies up and Is able to pay as sho \i . Eli- | of the same shall be given by the Htale Engli slmply an exchange of the right of the city to :‘ l‘.‘?(el::nc;?::::inté‘ofl“c::;:::nlyxtu 'IE,;:‘;':&? e e byt Sl oL 8 e Wik | Blderintendent of Patiie Worke, - ogincerar ey wThm;fl;‘:x“z“"m“{‘”‘m"’m‘:“ "":l e ley: gt any portlon of 1 for the meaus of - uspicion, but, the cyidence ———— orics advances c city authorities aud citl- | accumplishing” the purpose or purposes for W:fi?fif p:r:.d ul‘(’:xuz‘z:::;:ly‘g]fl:(.];::; :,l; .‘::?‘1’: 3::3 u‘:&; Jhur, béing Insnfficient, BISMARCIK, zens generally, perhaps, a8 to the proper mode | Wwhich the Jevy was made,” 1o indlctment agalnst him was found. This recent disclosure will, no doubt, reopen the case azatust bim, and lead_to tils rearrest. The cell n which James is conflucd at Kaloka fs a low, domp, dismal dungeon that §s a disgrace to civilzation, There Is no floor or paving, the ground ls damp, the passage-way muddy, foul odors pervade the place, and, during, rainy weatlier, water stands iu portlous of it. Not- withstanding these gloomy and elckening sur- roundings, Jaines is in perfect £13ith, and talks cheerfully and plcasantly with tisitors, except when bis name fs meutloned fn connectlou with tho murder, 1le asscrts his Innocence, and ex- presses confidence in his uittal. ‘The trinl will furm one of the most interesting chapters fu the aunals of eriine In this section. 1o tide us over the financial diflicalty which we bave to meet, owing to this declsion of the Bu- preme Court in the Luw case. Undoubtedly all will agree that the actual expenditures of the City Governinent should be reduced tothelowest possible amount consistent with proper care of the public Intercats, Officials and citizens will fmhnul differ as to the manner of tiding over he difficuity. It wii! undoubtedly be urged by sotne, for instance, that a scvere” blow having been glven to thecity’s credit, and her power to burrow money having been greatly impaiged,— so inuch so_that, whether the present certifi- cates will ultinately be hield legal or not, the falth of capitaiists In their lefinmy will be greatly shaken,—It will be urged, I say, that it ‘would'be unwise for the city to seil her certifi- cates at tho exorbitant interest aud commission which will no doubt be asked. These people betleve that the truo theory 18 tonaku such -?urapflnlum annually as whl gradually P swindlers here has used exteuslvely ln the formation of Incorporatea joint stock com- panles for mining nud transfer purposes, as puch flonding the country with bonds which purort to be Hrst-mortgaga bunids on very largo tracts of laud fu those States. Tho land In parts oftho two States mentloned s covered by grants datiog, back to ante-Revolutionary times. The titles have never been out of the families 90 whom the grants were originally made, while mony actual scttlers occupy the lsnds as squotters. These facts hecamo kuown fosn enterprising genius nomed Charles O. Blchardson, now contlned in jall, Implicated with W, H. Glldersleeve and others in drawing from the United Statcs Treasury the back Inter- est due upon certaln registered bounds, jRichard- #on at once proceeded to form companles of the JUDGE DICKEY. 1113 DISSENT IN THE SPRINGFIELD CASE. The following Is the full text of tho dissent- Ing opinfon of Mr. Justice Dickey, of the Bu- preme Court, In the case of The City of 8pring- fleld va, Edwards, which was flled last week at Springfield: T eannot concur In the views expressed as to the extent and suhject-matter of the lhmitation found in the Constitution, The scction In question, stripped of all verbiage not applicable tu a city, Is as follows: No city shail be sllowed to becomo indehted, In Any manner or for any hur) to an smonnt, in- cluding existing indebtedun in the ag:regnte exceeding 6 per centum on Lbe value of the taxable property therein. Any city Incurring any Indebt- edness, ns aforesald, shall, before or at the time of doing no, provide for the collection of & direct ane nual tax eaficient to pay the Intercat on such Arguments for the Extenslon of the North. eorn Paclfic Rallrond—The Proposed New ‘Territory of Pembina—The Seventh Cav- alry. % Boeclal Correspondence of The Tridune. BisMancr, D. T., Jan. 20.—Tho news of the passage of the anti-subsidy resolution reached Bismarck to-day, but didn’t knock the hottom out of avything in particular. It made the property-owners In Blsinarck fee! rather good, a8 they argue an extension is not as benefictal a8 the terminus. At least, thers s a doubt coupled with the exteusion, but none ns to per- manent prosperity !f Blamarck coutinues the western ‘lfllgfl"g'w'“‘ of the Northern Pacifie, and the distributlng centre for the country west and northwest, But the town-site spceulators on the west sido of the Missoar] do feel a littlo OVERFOND OF WOMEN. Soeclul Dispated 16 The Chicugo Tribune, SrrINGFIRLD, Iil, Feb, 10.—Sherif Ellfott returned this morning from Bangor, Me., hay- c : : d dobt as 1t fulla duc, atd also to vay and diecha o meotioned, Tho- it decds to tho Tands | fug in custody tho . Joha M. Cnonowetby | tosck “Sha. Nanion Funlons” caci®, 1 | placu ullclent mony 1 tho Trotsutr, ort | i ihacipal hevedt it tweriy'y<arsfrms ths held under the names of the differcnt com- | glias Wells, etc., etc, Who was orrested on o | leaves only the interests of the “public { up the wap now existing of from’ elghteen to :::z"imuc‘owfl‘:f:;“tw |rlxe'llnm 'lllmnacllaln sliall panles wero forgorles ou these Utles. This | yequisition from Gov. Cullom onnchiarge of | Borvicu® as the cmrying power, We can | wentyetwo months between the creation of our | jts bon e complianio, with sy vola of the peopis lutest Company 18 thus formed. Tho | bigamy fn baving married o woman {n Auburn, [ [rove that the bpublic scrvice® demands tho | cxpenditures and the collection of taxes for | which may have beon bad briur (o the adoption of Incorporators aro W. I Gildersleeve, | u this county, when lie was already maericd, uilding of the Northern Pactfic to the Yellw- any lscal year.” this Constitution, In pursusnce bf any law pra- stone, and every man familiar with the cost of transportation and tho cxpensc of supporting oo ariny {o this scetion knows the facts by heart. Freighting from Bismarck to the Yellowatone usts, 500 miles overland, {s worth money. Fif- een cents a pound s the figure, and a can of oysters at Eort Custer has a frelght-bill of forty-five cents attached, Miles City, three uow fn Lualow Sirect Jail under indfctment for a scicme to rob the United States Treasury, with Lenry W. Jacobson nud three others. There are 110 popers on record to show who the officers are. The Coulpany came Into existenco about n ?‘mr ago, oud, according to its cer- tificate of lncorporation, is to coutinue In What would Uo the practical application of this plan in the various departments of the City Governiment1’! “In order to do thls, they will urge that an increased appropriation be mada for 1878 of ,000,000 or £5,000,000; that of that appropria- tlon the executive officers be fnstructed to ex- pend for each department not tmore than 60, 70, viding therefor. THE QUESTION PRESENTED 18, What Is meant by the words **to become in- debted," as used i this scctlon? ueur fully in the proposision that, “in consldering what construction shall be given to a Constitution, we are to resort to the natural tiguification of the words cmployed, in the or- but It turns out that he fa a polygamist, baving niso married In Oblo, Indiana, Kentucky, and other points. He is alsu wanted in Kentucky for forgery. When {u this county Wells was un eloquent “Baptiat preacher, also a magistrate. He nbandoned his wife In Auburn a year ago aud went to 8cott County, whoro he “married veara, | o¥uin, and thence moved to Indiana, where his | milés from Fort Keoglh furnishics the following | or 78 per cent. In this way, after allowing for der and gramnmatical arrangement i1 which they gaintence. for o DC Lerm of SyeRty, YA | Stveuth or elghth tmarrlago tok place. guotations: Flour, [3¢] Jor Back: potatues, | tuxes fost on ueeoun of suctessful tax-ghing, | &ro bluced, iy when thus regarded, thio words number of 1,00, Thelr face valuo fs !vremum:r pound: vats, 10 cents per pound; | gr for uthier causcs, 8 embody a definite meaning, which fnvoises no CUSTOMS FRAUDS, butter, $1; and onfons, 15 cents. Transporta- LATOE UNEXPENDEQ AMOUNT absurdity, and no contradiction between dif- $1,000 cach, sccured by a first mortgago on 650,000 ucres of land belonging to thy Company Iylug on the head waters of the Saudy and Clinch Rivers, wn Weat Virglola. The bond. bolder was cntltled to o deed for 640 scres of Jand whenever any coupon was due and tion by wogon causcs the high figures. The Government hins some winter-rates to poy, na well as the settiers. The Naorthern Pacitic ex- teusion, s a settler of the Indian question, fs elearly underatond by every {rontiersman, Foecial Dispaich fo TAe Chicngo Tridune. PamapsLraia, Feb, 10.—[t Is reported to- night that the well-known firm of Peter Wright & Sons, the largest shippers fu Philadelphla, ferent parts of the fustrumeat ;" and I concur in the position that in such case that * definite meaning ' Is *tho ouly vne wo are at liberty to kay was iutended to be conveyed.” | coucur, #lso, {n the position that +there 1a no ditll. of money would probably be in the Treasury, which could be used as ar unexpended bul- auce. A like policy pursued and faltbfully car- ried out for twvo or three years would forever remove the current necessity of borrowing on sopatd o - minery - Guys, | This clsuse | have had thelr books nid papers selzed, and | Whether woudchopuer, freighter, or post- | certliicates in anticipation of the callection of | culty In sscertalning the patural slenification Bidies thoso "bouds ‘pculiarly desirabl | that the members of the concern have beon | fader, They all sav,with perfest unantuty, | pages of tho ‘words vmployed n the phraso *to B erimun © toiaranty. -t > will by | arrestid on 8 charge of defraudiug the Govern. | st the milrosd will kill all speculution I | “Oinera, among them somo of the most | bectme Indebted, ™ 1t taken atone, snd freighting, hay, wood, and general-supply contracts, The steamboat-men assert that their business would ba gone if the Northern Paciic was to get through to the Yellowstons; but they are gkeptical, and think they have the frefghting of the Governmeut and business-men for scveral summers yettocome, The con- tractora of all kinda have no speclal futercst in the cxtension of the Northern Pacifie. The country will slowly fill up, all the same, and Sitting Bull whl keep the aring on the frontier, and Bismarck will flourlsh, We know emergzen- cies constantly arlse where the Uovernment must have supplics on short notice, aud that the steamboats don's always {11l thelr contracts, As a sample of what it costs sometimes to zet a contract ‘through, I will 1 o hay-contract filled b{ Lelghton & Jordan, post-traders at Fort Buford, It was {n the winter of 1870, and thiere was 10 hay at the post on Tongue lflver. The sununer-contractor “iud failed i s cu- deavor, and,when the winter closed In on them, thero was a shortage n the hay line. The Buford traders had cut all the hay [n their vicin- ity., The Tongue-River demand “could unly Lo met by the Buford speculators, and they got the contract. Thot winter’s hay, put down at Tongue River, cost tho Government 3200 per ton, It wad pald for ot that flgure, It costs the Government 81,000,000 per an- num to support o cavalry reglinent, and yet there ts doubt In the Congressfonnl futellect s to tho wisdom of granting o simple extension of thnu to the present cconomical munacement ol tbe Northern Pacitie Rallroad. 8bernan says the Northern Pacltic extenslon is u military neessity: and the Chief Engiucer suys it will cost §3,000,000 to bulld It to the Yellowstoue, Will the retormers of the Lower House allow it o bo bulltf tbem up and come to this country with the in- teution of settling on thelr newly-acquired pos- sessions. But neither on the (ace of the Lond, nor on any paper on flle in the County Clerk's oftice, can_any Information Le derived asto where thie laud fs situated, The Trustce nomel fo the tond, Churles C, Lewls, is suld to be o man of good reputution. who hus heen foveigled “into this spuculation by the misrepresontations of its promoters. There are undoubtedly othier iweu conuected with the Cowpany who beliove tho titles of these lands reat fu the Company as represented, and whoure respectable nud honeat bustucss men, As the people of this commuuity have been so fre- ‘ncnuy jmposed upon by fraudulent bonds, thls market wos ot deemed good tu futroduce the bonds of the Baltimore Company, and the vperaturs thought it would be wrotitable to begotiate themn fu o forelgn market. A member of the gaug was uecordingly dispateied to London, but the financlers thero were too fuquisitive, aud the agent crossed to Rotterdam, und subsequently visited Antwerp and The Hogue. Ju tone of thuse places was Lo suceessful, He proceeded to Frankfort, and bers bis plan met with consideration from the coutiding baukers, and it s stuted upon trustworthy informatlon that the bonds are belng negotiated at thut place. The bargaln, 1t fs reported, bas been concluded at per veut, aud the first {ustalbuent of tho miguey bids alveady arsived bere. Certafn cons ditlons, bowever, bave been finposed by tho Gertaan capitalists, who, not know!ng auythiu about the offlcers of the Gompany, huve " aske that o Board of Digectors be uppolused and spproved by oae of thelr correspoudents in this clty, A resvectable buslucss man hus been fne duced to become President of the Company, in the beliet that It has ample title to thy lunds {tclafms, This hus fuduced some of his (riends o thls cty and Newsrk to allow their names to' be used fn formiug the Board vt Dircetors, and L {s sold thelr numes were op- roved by the agent of the Germuan capitalisty. here wud, theretore, some danger of tho sliewe belog successful, i1 its exposuse. The Washiugton Loan and Trust Company is sald to be u valuable adjuuet, guarantesing titles to Jands aud tssulvg notes cqually worth- less. The successtul luud swindies of this nlxlg ore belfeved 1o cover many tmillous of ullure, MURDER IN A BAGNIO,. Suectal Ditpatch fo Tha Chisago Tyibune. PajLavgLritia, Pa., Fob, 10.—A terrible and that theso words, when taken alone, fn their natural signitication, embrace every kind of fndebtedness which niay or can bo incurred, 1 concede, 100, that the prohibition in tho first clause of this scction, if the words be taken atone, In thelr literal and votural slenification, without reference to the unrcusonable resuits therelu involved, sud without reterence to the expressions 1n uthier parts of the same scctlon, must be beld to forbid the Incurring of any kind of debt, in any manner or for any pur- yose, beyoud the lmit. prescribed. AN this is made very plain by the reasoning of the Chief Justice. But I' cunnot concur fu the position that to “give them that meaniog in- volves no absurdity of contradiction with other clauses of the Coustitution,” No attempt is wmade to support this position by either argument or authority, Itis left to stand nlmpf‘v upon the stateiuent of the position, ss unebaviog the sanction of the Court, No attempt is made to show that the meaning attributed by the Court tu these words (which I coucede to be tho literal, usual, and nutural meaning thereof) s invalves uo avaurdity sud po contradiction with other clauseaof the Constitution.” To my miud, the construction adopted docs, 10 Ite necessnry cousequences, INVOLVE HESULTS 80 UNREASONADLYE that they must be denominated absurd: and docs at the same thne [nvulve a plain contra- ;Illcv.lon of uthier words in the very same sees lon. And first, as to the allegation of sbsundity,— it secms to mo that tho broad snd sweeping mesning pow attributed to the words, *to be- come indebted,” founa in the first clause of this section, necessarily involves results so aston- ishingly ruinous and disostrous, that it s sim- ply Incrediblo that the Conventlon which framed the Constitution, or the people who adopted it, -:ou!:ll have intended to convey that idea by these words, 1u 1870, when the - Constitution was framed and adopted, it was well known, asa _matter of Fubllu history, that three-fourths of all the cities n thy State were siready respectively fdebted, and hod fssued thelr bouds for au amount be- youd tho limit cxuressed. It was also well Known as a matter of public histo it the revenucs not only of citfes and counties, but of the State, werenever collected n full during the flscal yeur for tho expense of which such reve- uues were provided. I fact, the provisions of law on the tace of tho etatutes, then aud ever sluce, refatiug to the collectlon of the revenue, were such thint none of the revenues for an given Hsesl year c'mh);?' law be collectes 3 economical ond best advised of our citizens, will advocate not only a radicat decrease of expendi- tures for the year 187, but nlso an uetual de- crease of the npym‘mnuun itself. They urge that in this way, the faith and contldeuce of the commublty belng established In the City Government, ~money will be olaced o the Treasury voluntarily by the citizens io sufficient amounts to carry on the Government, and until the taxcs are ‘collected. While the motive of gratitude to thelfr economical Government inight not, of fiself, be a sutlicient inducement to cause toncy to tlow futo the Treasury uuder the circuti- stanees, the fact that the protection of our citl- zens' lives and property s uee ent upon ths malutenance of o Fire Departments will, no doubt, also be an - ducement in the direction ndleated.! # 1t will probably also be suggested that the Governor cull an extra svssion of tne Legisia- tury In order to have the question of such an amendment — to the - Constitution s will enable tho cltizens of = Chi- vago, nnd other cities simllarly situated, to borrow money on certificates in anticipation of the coltection of taxes for au( given yeor, sub- mitted to the peoplo at the efection to be beld next fall? If such an amendment, defining and Hmitlug the meaning of the coustitutional lim- station” In 8ec, 12, Art. 0, of the Constitution, referring to [ndebtedness, were adopted, we would have such relief os would permit us to borrow on Lhe appropriation und levy of 1870, “8ucly u schieme would bo opposedd, would it not," observed tho roporter, “by tho people who are opposed to thiy l{otcm of "borrowing in tuto, and who would sec lo it only a contiuua- tion ot that systemi® *Well, we've simply got toborrow until wo'ro able 1o pay ag we go, ~ There fs ho doubt that TIHE CUEAPEST WAY 1s to anticlpate your revenucs by certificates drawlug 6 per cent fotercst,’” “Hlow nbout the 400,000 of certificates ls- sued by the Colvin-llayes Administration? " “To speadufter the mauner of mon, they are eternally knocked into a cocked hat by thns de- cislon, which makes them filegal. For all that, bowever, the cilizens of Culcago will ot seo the funocent holders suffer.” * llow will they be paidi" 41 don't know how they will be pald, but T think 1 can sce how they ought to be paid, and yet thelr payment be “pericetly legal. 1 theory | have been thiuking out, aud you can publiaty It for what it is worth. 'The back taxes of 1873, 1 ment of fmport dues to the amount of $200,000, Wright & Sona are aents of the only Ameri- con Mne of steamships piying between the United States und Emyland, of the Red Star Line between I‘lllll\dclgllln and Antwerp, of Sir Hugh Allen, the Vanderbilt of Canada, and of the famous Allan Btcamship Linva, ——— FREE USE OF THIE CANALS. A B for That Purpose Introduced In the New York Scnate—mA New Departuro in Canal Managoment—\What Is Thought of tho Measure ut Albnuy. Dlegateh o New York 14mes, Arpaxy, Feb. 0.—Senator 8t. John intro- duced o LIH this inornlug which will probably cllelt more discussion in the press and umong tho people of the State than any measurs that 18 likely to occupy the attention of this Leg- islaturc. It early introduction bas beun hint- ed at In private clreles for scveral days past, and Its character and motive bave been vorious- 1y Interpreted as u grand ¢ strike " against tho Central Raflroad In the mterest of tho lubby, or 24 o statesmaullke schemo for o * new depart. ure ™ In canal management which shall bein the interest of ecouomy and of the commerclal pros- perity of the whole &tate, It proposes to give tha people, at short notive, the- ** free canals for which there Is a coustantly-iucreasing clamor, and at the rame time to imposcean nddi- tional burden upon the taxpayers, This is to be doue by granting to a privat corporation the right to operate a narrow-guuge raflroad oo the tow-path of the Erfe und lateral canals, the afuresnd Company aurcciug to tow buats through tho canuls at w lesscost and with less de- Jay thun bos ever been done bv any other method, and ot the samu time Lo pay over to the Htate quarterly a largor sun than was yeaized from tolls lust year, or Is likely to be reallzed in any future year under the “present systom. ‘The s tixed In the bIL is " $100,000, which {3 nearly 8100,000 more thun the sgiregate re- ceipts from tolls In 1837, Snlppers aud canal boat owners are to be relfeved from tho pay- et of apy tolls whatever, and will thus have all the Letietit of * free canals,”” with the adul. tionn! advantage of cheater sud speadier trats- portation than thoy have hitherto been able to seeure, ‘Tho private corporation In whom the bill proposes to grant the orlvllwra of building A NEW TERRITORY. 1t there Is no extensiun ULl i store for Bis- marck, maybe there ls onew Territory, Pem- Dblua, with the Capitul icre, Wo arc cut vif com- pletely from Yaukton and Southern Dakota, and huve to guin our Beat of Uovernmeat by traveling vin 8t. Fuul, Minn,, s distunce of near- W, oo wles, or Found irip of 1500 miles. k) mfi. an_argument that peoplo can uuder- stand, We buve a North and a South, with a belt of unimproved country scparating thenmi, A minute's studyof the geography of Dakota will show that ong Government I8 finpracticable aud a hardshlp, Our “‘wmerchant-priuce,” J. W, Ravmond, and lamous editor, Col, U, A. Louns- berryy lave gone on to Wuahington to louby llor l‘umbtnl, aud sce §f therels a Uod In sracl, 4, and 1873 are all represented by TIE SEVANTI CAVALLY, probably double murder was committed fu o | 209 operatlug the rtLllmml Is cailed the "llu!: Tl veaimenis, s ahawe by Rorostis of tha aulllundlw“vcnlncuu:l. amountivg {n sll to | until the latter part of su: ear, und o ldrge yrac X 4 " 'y 2 der cel 1d 1ot b C ¢l Bawbrldgo street house of fll-fame this after- s:lll:lx,s r:m:n‘;rutd y\l any lun:}::m z‘;gmpflfiur aimisioned ! rwu“{ly fasticd, f8 not $450, uw, under the declelon . of the S?r‘bhccu:al ;'u;m;: fl.’fx":f}:}' c'xlx'mnlnhu the wholo durmmn Court In the' Bpringtield case, it was fHeus noon. Thocry of *Murder!” was ralsed, but | the general Railrosd act—the certiticate of | ¥ery budly coucentrated. Fort A. Lincoln hos | peld that, after o tax was levied, tho city might Ir, thei, this Constitution means that po the locality fa such @ bad ono that no attention | fucorporation huving been Dled In tho | & wajority of the compaules, seven; Fors | soticipate it by drawing ucaitst it, it the ver- Hubitity of any traturs whicti might Hpon fnto wan pafd to the appeal uutil tho torm of a bieed. | Bocretary of Btote's oftice on Wednesda Rice, Btandiug Rock, ~aud Totten have | gon performing labor or furuishing articles to | wuat fu any sénso might bo called a debt should el oty il o last. Thu ecapital of the Company fu | the rest. Col. Sturcls is obsent on sivk Ihuclr would reculve tho warrant (n dischafze | bo incurred by citles whose public debt was then 3 v ery | 10,000,000, and among the Directors for | leaves LIeut-;CaL Elmer Otls s com- | ofull llability on the part of the eit d ook { beyond the llmit mentioned inthe Constitution, Wasagain repeated. Meantime, two men bad | the'firet yeur are several well-known capitalists | mander st Fort Rico; Jo G. T | glone ta the ofiicers, and not tathe or pay- | 18 meant simply that three-fourths of sl the issted frum the house and walked up the atrcet | of thia Btate aud Mussachusetts, fucluding { ford is commandlug af Liucalug cities I the Stute Y, ment fu cae of & fallure to collect the tax, and pay to such person performlng the Yabor or turuishini the artlcles, Now, as 1 under- staud it, under no_foriner Admiuistration—not even that of Mr, Colviu—wero any certiflontes cver Issucd (u excess of the levy and approprin- tlun of that (scal year, and § don’t thk that cortitleates wero sssed even to anythlog like the wmount of the appropristion of the year. Tl doclslon {n the 8pringtield vuso Is sustuined it Fol Ma), Lewls Merrill is also at Lincol cus Reno {3 **abscnt, fu suspension;" E. A, lngion is Post-Adjutant snd Actlug sSigual- Ofticer; C, A, Varnum 18 Post-Quartermuster and in charge of the Cheyvenne Indlany; Capt. Beutcen I8 conunandiug ls troups ut Fort Ricey Capt. J. E. Tourtelotte b A, D, C, 1o the Gencral of the Army, at Washington; Capt, M, V. Bheridan Is A, D.’C, to Gen Shoridan; Capt. F‘l;zzl';urfl);.::l Nuw\lek;‘l!(e,rt Van l!llurn. t Lockports Chency Amus, of Oswego; Henry L, Fish, qqlllmmur{ Alfred Wilkinsos, of Hyra: o rapidly, Euterlug the wretched pluce, theoflicers and ¢tizens found o wan lylug on the une «arpeted gloor welterlng In bls “blood, aud o woman, koown as Emms Brown, ovn the Wooden setteo with two gaplug wounds fu her Lreast. Pursult was Jmmedistely plven the iwo mey, and one of them, giving his name as Edward' McGoldrick, wos caught by Swmuel SUOULD CEABE AT ONCR TO PERVORM TIlK PUNC- TIONS POR WHICIL TIKY WEKE CHEATRD, Buch a ity couid not do anything towards the perfurmance of any function “it was provided to eeforun. Jts Treasury bad no money upplica lu tu the current expenses of that year. lts Muyor, Clerk, Chlet of Police, policémen, and tremen could ot Juwfully be pald for current survices, for thero was 10 inonvy which could cuse; T Btryker, of Rome; Addison Day, 'of Utles; D, 8 entett, of Bulrato: and Edward Appleton, Edward Crane, and E. E. Frothiughaw, of lioston. Ex-Uov, Seymour, Sumucl B, Rueeles, Gen, John A, Dix, and othier prominent citizens of this State ure sald to fully spprove of the kchenie, aud will sopear | Charles 8. Laley is A, D. C. to Brig.-Ueu. Pupey | gud discussed fu tho declslon in the Luw case. | be lawfully upplicd 10 that *purpose, 1L Howard and Alfred Coffey. ‘The otber fetluw, | before the Rutlrond Commiltted' In navucucyp ot | 8¢ Fort Leavenworthy Capt. M. Moylan I8 com- | Now, it it was proper and legal to draw sirulust | all its z'fllcu";" el cmpla\":'ll whould wlo {s supposed to have done the killing, dis- | the bill. Flicse nutnes, tozetbor wish that of [ Mending uls troops at Licoln; "Lapt. Thomas § the appropriation’ {0 favor of the person | go on dolig thelr resdectivo duties, appeared 1uto one of the numervus tens i the | M Bt Johu, the mtroducer of the bill, would AL MeDouuall 4 commanding his troups at | performiug the fabor ur furnbbing the | wud wny one of them sbould, ut any streot, und et o appear to by o suflicient answer to the churge | Standig Rock: Cupt. H. Jo Nuwnu‘l 13 | yrtlcles, and that such draft in sntivipation of | thne sfterwards, sue the city for his services, no p ) und hias not yetbeen found. ‘The ductor | thug it §s o *stnkeM:oud yot (L {s uever- | comumunding his troops at Lincolui Csbt. | the collcetion of the tax would Le good | judgment, upon this sheory, could be rendered uund the man, who Lo nawed William Rowand, | theless true that the lubby ‘is decply futer- | Jumies ~ M. Bell, ~at )u’}. otten 3 uufu‘uul the fund ot which it was drawn ln | aguiuat the city fn bis fovor, for the city so tux dyiwg condition, He had beeu stabbed be- | ested iu the weasure, aud “are auticipating o | Cupt. Heary Jackson at Fort Totten; und | tho hunds of the person performivie the 1abor | yltuated could ot lawfully *becomo tadebied.” Capts. E, 8, Godfroy and E. 4. Mathey st Fort First-Lieut, W, T. Crayeroft wud Lleut, ut frow Btanding Rock Lieut. A. M. Nave, Acting Orduauce-Oflleer av Lincoly, Lss been retloved by Licut, Ayers, of Kock Islund Arse- ual. It is tho futeution to bave a regular Urd- nace-Depot st Lincoln, aud Ayers hus bevn de- tailed s Ordoance-Ofticer. L4 THEODORE ROOSEVELT. Death of This Prominent Phllanthroplst In York Clty Y rduy=A Brief Hecital of His Beneluctions. goluen harvest from its introduction. ‘They expeet thut tbe Central Rallroad, whose ex- chequer they huve long und suxiousty sought to reach by some sort of leglslation, will uow be compelled to come to the front. Chauncey De- pew, who represents the Ceutral here, proivsses 10 be cutirely Indifferent to the scheme, aud takes the broad ground that any measurs caley- lated to fvcrease the carrylog trade and en- hance the general buslucss prosperity of the Htate, must, i the loug run, seéult advanta. s:cou.l{:u the rond with which he 18 conpected. t bas been suggested that there may ba con- stitutional difticultiea in the wev of the passago «of the blll vroposed, but this abjection 1s saldto have been thorougbly considered and de- ¢lded by the best Iswyers In the Btate to be low the breastbone, mud the kuife, taking w cblique dircetion, bad penetrated the bert. He aled botore he reachod tbe hospital. ‘The woman had been atabbed fu %0 places Just below the heart, and wuy taken 1a the hospits!, where she Hes in u eritical cun- ditlow, Al tho {nmates of the bouse, together wih Edward McGoldrick, who bud been are Rl‘lfll‘, :l:‘l" la_l:cn w' xheAnnuuflvhuuu. w‘llmn jave thelr naies as Annle Hagpre Moy, sud Willlam Wylle, Aun%‘l’l‘ffikc‘:g ¥ iu s maudlin statoof fotoxication. Me- Gioldrick’s story s thut ho was sitting at the ¥iodow talking with tue womau Brown, wha ts M old friend of b they baving one school together o “the old or lurutsufug the articles, s0 now, in this cuse, tho TIB PERSON PEUVOIMING TIIE LALOK, or furulshing tho articles, for any pargieular 1uud of the lovy of 1873, 1874, or 1873, bewg puld by the berson who furafuned the ' mouoy on thése certhileates, aud the clalm of the laborer aud contractor belms fully paid and watisticd, who can huve avy cluln agaiust thut fund excepting the person who furnished the woney to eatisfy thoelalm of the laborer und coutructor( 1 think their clalims, 8s_holders ot theae vertificates, are, fu fact, equituble sssign- ments of the fnterest which the laborer and the contactor {n that fuud; wud the holders of such certiflcates ure slone entitled to the taxes And, before ho could recover by any law thau I kuow of, the plaintitl wust, I auch case, show that the "city bad become fndebted to bim, which, upon this theory, 14 coustitutionally jm- posaible. Nor cuuld such oflleers or ewployes, hipon the logle of this rullug, be lawfully pald by any vlticer of the clty, ut any tine after the renderiug of such services, cven il tho money levied for thut purpose bud cuome into thu Trewsury, for it ls not lawtul to lmy out tho money of tho city to men to whom (ho clty owes notblug, It I understand THX TUEOKY OF THE RULR 1aid down, it Involves the [dea that a city, which bas reached the constitutional lule of *{udebt- cduess, can lawtully brocurs msterial v to )y Special INypaich 1o Tha Chicago Tribune, s collected. When theso taxes ure collected, | fevs only [n two wnm Oue, that it way walt country, when the wmurderer estered, Sheue. | without foundatiou, The followiug is a copy Nuw Yomk, Feb, 10.—Theodore Ruosevelt | us a sutbicictit amount undoubtedly will be, uad | untll it fu some way Las th woney lu the Treas- nllfl;k;: i::axhl:uly sud lmncdiately began | of the bill; died to-day suddenly after three daya' flinces, | Leld to puy these uut._l.undlu.f certificates, | ury for that purpose, sud then inaterials wud mlflua h'u:um‘:‘{mnflu“‘m‘ ¥ of baviug | Bze, 1. Allactsor purts of acte for the Jevylog | 3y, Rousevelt was widely known und beloved {ssued prior to 1676, { think it will be legal snd | gervices may be paid for in odvance, or s re- breatwed o **mash B e e auddealy v ek b (e be tlien callod tor & Billy,” who wing down lo Ludress. Thu inap was' “strikng 7 E: Emwn sud * Billy,” or Rowautd, proper for thu city sutborities to pay such wouey to holders of such certiticates, all other legal clalma aud drafts ou those funds baving bueen sutistied.” JUDGE WALLACE, ALL GOOD EXCEFT TUX INTEHEST. #1Vhat do you think of the duclsioni” sald a reporter to County-Attoruey Wallace, ceived or performed, but ot aiterward the other, that when & tax -bas sctually been Jevied, a ity may procure monsy, inaterials, or survices by payiug for them in advance, or when received or berformed, I orders o the Treas- ury, to bu paid ouly out of that levy,—the party accepting tho order to tuke all Ju a3 t0 thy delay or uncertainty of the collection, aud us to the fdelity of the Cuums Cullector uud Clty ud of lvll:‘ upon the cunals of this Statc are heroby Fepe for bis philavthroples, He was nominsted by . In llen of tolis, sll boats, foats, or nnlcl President Hayes for Colloctor of this port, aud rejected by the Bcnate under Conkling's lead. He pever beld any atrictly polith cal ofice. Left w fortune and business by bis father, tio retired three years siuco and devoted bimself to the many charities with abich ho bad couvected Limself, Tho estab- lisument of the State Board of Charities was Bec, boreafter uavigatiug the canaty of this State pa 2 ceute por iy for towsge for & gres uees distance. Bec, 4. To economize fu he expense of canal navigation, saud fu the collection of itd revenues, 1hio B3ulalo, Byracuse & Albany Rutircad Cowpany, its sucecesor Ot danigns, sre horeby wuthorized and vuipowured 10 ntrodus wma mau then turned oo o ok i ~ au et turoed oo Ui @ 'Mltr\mk " biw twice. Ho then raiout of the o Use. The woman cried ** Murded ? qud Me- .;f,',""”" tnought i best toget out o, He de- baviug ‘scen w kuife, altlough the joom in which the wtabibh oceurred | btate, sud in e beball, ew of | by % bis evdeavors, He wi Springlleld vass tho Bupreme Court .ulu.n Y. l‘ x.h”“ msh 3 ity I lllxlll ¢ 0 stahbiy e o & system of lowspe v cudeavors, “ ¢ upreme Cor ey, lu othier words, as to 8 it 1 Dot R i s » Y | largely due to e was ouo of lu the Springtlel u i the founders of tho Orthopedic How Setive Dircctor of the Clillireu’s Al Hoc! of thu caualu. vo ws 1o cause the loastinconventonce qald that revenue wight be suticipated, but they | altuation, tho theory involves the proposition description of the can give no that all rangactions lwust be sceomplished Lurderer. fi‘ry McAvo, 10 the prescut systom of towing by untual power. e didu't say whettier luterest could be pald fn an- . 3 5, ons of theininates, COHuELLILE Thi sud 8 constaut worker wmong k% 4 by paylog, one way of snother, in advance, or Tnadocked up with & toldiug Lofai fn LeF | e, 13 e 12 orn mcainia et | lodging-howion, * Me was wmong thg | telpauon of iho collection of texes. That .fluumnwm;; with the watter recelved by the Urets, oo fhggerty, tho dead mu's mls- | e wpproved by thy State Engincer or tho Soperin. | orguhizers of the Metropulltan Muscum and | secrue to be the ouly fact sbout which thero (s dl,{||ndnull ter, 3 Uaekenappled the eauo cell, Her lettoye was | teudeut of kubile Wor of the Noturul Sclence Muscum fu Central | uoy question,—tho right to pay toterest. There t i plaiu that the uso of this kind of certifi- eved aud swoilen from a recent blor. 8he “‘H‘mm&u;_ e ,u s _“.cce!‘!yn:un: & Aoy | Fark, s Vieg-President of the Unlon League, | g4 podouty about the right to anticipate the | cates ur special order on the fund to coru from A 0, 0F ass is bewslling the luss of Ler lover, nd brulded Mary McAvoy wi aded s 4 ith buviog cayed lis death, W llrfluu lww’uw, the murdered say, 18 3, shall tow for hire, by their lucuwotives, or by sniwal power, sl the boats, doats, sud @ member of the Ceutury. During the thy levy would be ruluous to avy clty. The War he beenme prowduent for his active wieas- collection of the txes. 1aborer who rupairs a etreet or sidewalk, or Otherwiss the clty 4 ures to alleviate the sulferings of soldicrs and | Would have to bave the money o the Treasury | urus & bridge tor o clty, or a firewan or u §brother of ‘the motorlous v Curly Fauk | gered; louded or suply, ot 3 sonts pee e for | heie fanlies. Ho asslited Iu orpunizing the | before It could ewploy anybody oF ket materal. | liccwan who lives trous 15yt Guy upoh bl Fronud, aod was » wellknows desprado. | Gl 8 Or {owago may bs uscd by other partics, Ty | Suvitary Cowintssion, aud fo cstablisbing ageu- | But the question of lutereat L still at sea.” cabnot Wals ten months for Lis psy. Fuk Valeutlne, the supposed murdenr, i3 ot Bve feet Tour fuches bighy aod Weih a1 ohge” 16Ty Sty bt o eart If be is paid tn euch special orders, be must Lave a larger sount, so that, after sellivg at & discount, bo cau reallze sy sdequaty reward for cies to transmit freo she pay of soldiers to their famflica. He will be wmost slocercly wourued by thousands whom he bas befricuded. thol case, tolls shull Lo paid Dop exceediug 1 wll per ton per mile on all freightsand on lum- ber, sawed, 153 wiils per 1,000 fvet ver wile; aud “Youdo not thiuk the principal of the cer- tiflcatos fs sffected " N0, except oa to the remedy, That b, the qulre,]ln many cne-snrden for 82, his Jabo bor, pafd for In such orders, or by mon: sed by the eale of such orders, which might be had for &1 in cash, would re- Truc econ- omy demands that the city have power to as- sure the payment of the temporary loan, where- by the moncy may be had at sbout 7 per cent. per anuum. A clty indebted beyond the constitutional 1imit, at the adoption of tho Constitution,. with- out money in its Treasury, had, under this con- struction of this clause, KOPOWER 10 REPAIR A DANGEROUS SIDEWALK . OR STREET, 1o open or closc 8 bridge across a river In its midst, to put out a destructive fire, to feed its pour, to imprison its offenders, to maintain ita schnols, or even to collect its first year's taxes. Unlens a city in such conditlon (and most of our cltles were fn that condition {n 1870) can lawful- Iy anticipate collection of ita revenues, and ralse ready money, by temporary loans, to pay the current expenses of that ycar, the results alluded to must necesrarily foflow. To hold that the Convention, In framing this Constitu- tlon, or that the peuple, in ndopting it, intended to accomplish such results by it, 18 to stultity its authors. 4lad the framers of this Constitu- tion attributed the meaning here adopted to the words, ‘* to become {ndehted,’ can it be Delleved that they would bave saved so careful- 1y from its operation certain bonds mentloned 1n the last clause of the scction, ana have omit- ted to add words saving to suchclties the power to provide for the payment of their necessary current expenscsl THE LITERAL MEANING OF A FROTIBITION seainat *becoming fndebted?” In any sensc, in any. manncr, or for any purpose, would involve s prohibition against a city becoming further indebted, even by the sccumulation of intercst on the bonded debt existing #t the sdotrtion of the Constitution. It will not be contended that such prohibition was intended, and why not! Bimply because such & proposi- tion is absurd, By the same reasoning, it seems 1o me that the meaning now adopted ought to be refected. Like words In the Constitution of other States have, by the courts of last resort, buen beld to have no application to temporary llabilities for current expenses not excceding the amount of the current tax levy. It Is so held fn Ohlo, Tuwa, California, and Loulsiana, and I know of nu contrary decision, Not onliellmflld the ?'mcnl. construction be rejected because of the unreasonable results which It necessarily involves, but slso Lecause it Invoives a plain contradiction of the words found {n the second clause of the same section, In giving this broad and sweeping copstrux tion to these words, no notlce is taken of the uso of the words ** as aforesald,” found fn the sccond clause of this same section, and these words arc thus rendercd utterly meaninglesa, Without saying so, they are rejected as mere surplusage. Thisis not allowable. Every Con- stitution or statutc must bie so constructed as to give some proper ¢ffect, If possible, to every word and phrase in the instrument. To my mind, the words * as aforesald,” in the sccond clause of the section, say nluud{ that the ** be- coming fndebted, in tho first clause (whercin a limit as to amount is placed upon the same), I8 the same "h"’fi spoken of * as the Incurring any indebtedness, the sccond clause, and by which clause (When not xceediog the lmit i the first clause) the Yruceudlnz 1s regulated. In other words, the language of the whole section fumports that the Going of certaly thing, besond a given limit, is FORBIDDEN IN THE PIIST CLAUSE, and the mode of doing that sama thing, when not beyond the limit, 18 regulated by the second clause. The subject matter of the ‘two clauses is expreasly declared by the words, ** as afore- sald," 10 be fdentical. Of this, it seems to e, there can «bo no doubt. 1f the words, *incur- riug auy indcbtedness as aforesald,” do not mean this, what do the words * as aforesald ' mean} No onecan imagine that the incurring “*as aforesald "' means it Incurring of fudebt- cduess beyond the limit prescribed, for that would lfeense the very thing prohibited, which would be sbsurd, Yet thc ollice of the words “as aforcsaid,”” taken in thelr literal, natural signification and grammatical onder, literally tbls section says to cities: You must #0 in debt besond a given ity but, when you do so exceed the 1imit, you tnust provide for the paywent of the intercst an- pually, and of the principal within twenty ‘yuu. This §s the natural, grammatical, and’ {iteral meaning of the words, “as aforesald,"” as clcar- 1y 80 as i the meanini attributed to the words, **10 become indebted,” by following their not- ural, grammatical, and literal siguitication, We unite In rejecting that mpatural, grammatical, and literal sigulfication of the words, **as afore- said," because it involves a contrad ction of the first clause. By tho same process, we must re- ject the natural, gratnmatical, aud ltersl alz- pltication of the words, ‘ to become indebted,” BECAUBE THEY CONTRADICT THE WOIDS IN THE BECOND CLAUBE, ond we must scck some reasonable meaniog for the words, **to become fudebted,” and for the words, “asaforesald,” which will not contra- dlct each other when properly Interpre 1 have shown that the subject matter of the #rst and second clauses must be takento be Identical—that Is, that the thing which fs regu- Inted] by the sccond clause s identically the samo thing which s Nmited in too first clause, To ascertain what that subject matter Is, we must fiud some subject matter to which all the w of buth clauses may appropriately upply. The tirst clause has no words to guide us, ex- cobt the geueral words, **to becume Indebted.” Tho words, **In any manuer or for any pur- se,” do not help us. They do not describe the thing forbldden. They only say that the prohibition shall not be evaded by the meuner of dolug the forbladen thing, or in view of tho purpose for which the thiug forbidden is proposed to be dove; but they glve no further clew to the solution of the question of what that torbidden thlog s, It the words had been, no city shall be allowed to Lecome in- debted in any sense, ete., the words, in any sense," would preclude all search for a sense 1 which * becoming fadebted* was not for- bldden, but such words are not fouud fu the Cunstitution. Let us examino TR BECOND CLAUSE OF TUB BECTION, and sew if there are ouy words In that clause which will enlizhien us 08 to the subjees matter of that clause. The words are: “Auy city fu- curring suy indebtedn as aforesatd . . . shall provide for . . direct annusl tax sustielent to pay the luterest on such debt as ft alls due, aud, “alse, to . discharze tho principal thereot in twenly years' Hero we piainly learn that the subject matter spoken of 1u the sccundclause, 1s ndebt of such character as usually bearsiutesest, sudsuches will requirean “aunnal tax " to pay lutercst upon it aunually ns it falls due, and such a debt that its principal is not to be discharged within oue year. 1 am right 1n saying hat the thing Mmited in the 1irst clause s the sams thing which Is regulated by tho sccond clause (as shown by the worda “as aforesald "), it necessarily follows that the thiug limited in the tirst clause (s » debt of such chiaracter as requires *an sunual tax " to vy futerest upon | lnunn‘.ly us tho futercst {alls due, and such that its principal {s not vsy- uble within gue year, Such a debt Is uot to be focurred {u any manner or fur auy purpose, be- youd tho Hmit prescribed (o tho Constitution. Tls conatruction gives harmony to every word 1 the section, and rejects nons. The construcs tion adupted by my Urethren DESIROYS OME OF TUE WOIDS IN TiR SECTION, and to sustain such constructiong the words *as afuresald,” In the phrase * fucurriog any | debtedness us atoresaid, and the word ** such, in the phrase * such debt,™ must be rejected a8 nugatury. ‘Lhe trua meaning of $his section will, per- haps, be morc appsrent by trensposing tic clauses, sud readiug them thus: ** Apy aty tucurring any tudcbteduces shall, befory or ut the time of doin rovide for the collectiun of a direct aun tax, eufliciont to pay the iu- terest of such debt as it falls due, and also to sy sud discharge the principal thereof, within wenty years from the twe of contractlng the same. " No ity shall be atlowed to becomo fn- debted as aforesald I suy manuer or fur_suy purpose, to su amount, [n cludivg present lndemcdnuu. in tho =g gregato exceeding 5 per centua of the yalue ot the taxable property therelu, to be sscertajucd,” cte. **This section shall nut prevent lufl city from fssuing its bouds fo complisuce with an; vots of thu peopls which may have been b prior to the udoption of this” Coustitution, in pursuance of any law flrnwung theretor.” It will be ubserved that TUE KXACT WUKDS OF TUB BXCTION are all hero proserved. fU seews to e, DO 0o cun contend that the true mesning of tho see- tion is at all chauged by the trausposition. It not, Wy construction Is becessartly the true ouo on the face of the section, The view which I take s somewhay fourtiliod by the fact that the exception in the third cluuse u{ the sectiou relutcs expressly to s bouds debt, sud tends to whow that it was that class of lobility which was ju mind when the section was framed. ‘Ihis view i3 aleo strengthened from tho fact st ot the thoe of §te aduption by the Conven- tlou this section was dgclared, debats by Iietubers of thy Conventlon, to have referoncy slove to the bonded debt of cities; and po member of the Couvention expressed a aifler enut view, ‘The peopls voted for tho Constitu- tlon fn the jlight of this cupstructiva. Itinsy be that the dcbates are uot to be resorted whore there {8 uo youin fur coustruction; bub where the meaning bl the wonds, from suy couss, ls n doubt, the devates may be cousldercd. ‘Tho truo sulution of this quesiio, os I verlly belicve, rests (o the position tbat this limitatipn {u the Constitution husrefercuce vuly to funded or permanent debli—to such deoty as usually bear interest payable aunually, sud such s ate within the current tiscal year: and that'it Is a perversion of tho true meaning of the Constitution to give It application to tem- porary llabilities, payable within the fiscal year, and not excceding the vmount of the taxlevy for that year, This view ‘zivu reasonable and proper forca toevery word and phrase in the Constitation, brings all {ts words and phrases loto harmony, doing violence to none, and {nvoives no unrea- sonanle and Imru:llmble results, Iomy hum. ble judgment, it presents the true meaning of that instrument, WHY BONDS ARE COMING HOME, ‘The New York Times states that within the last three months between §50,000,000 and $60,~ 000,000 of our bouds have come back from Europe, aod attrilbutes this to the anxlety at- tending the discussion of the Biiver bill in Con- grees, There s a reservation made to this effect: © It has happened that the rush has come In the scason for exporting cotton abroad, and fnstead, as herctofore, of paying gold for cotton, the ;Englisih and Germans haye used bonds," This is really the answer to the phenomonon, But the Philidelphia Press (anti- sllver) takes the Times to task, saying: Now, therc are no terms too strong for the repro- batlon'of the schemes and fataity of tho sfiver- dollar men, in and out of Congresa, as iheir project has thus far devcioped iself. Yet the Press han no disposition to make faleo issnes ot to ntep asldo from tne strictest sdherence to facts, This reimportation of Government bonds needs no explanation from the sllver controversy, If that were csusing Uermans and English o nend back onr bonds they would pile them npon us eo fast as 10 break our market. It a4 long as bonds of the United ttates will bring in London from 4 to i per cent, while money {s only worth 2 per cent, no sllver echeme reducing the interest 10 per cent, orta 3,00 and 4,70 per cent, will explain the »it- uvation, The fact ls, that the Jast thing that will be sent to America Is gold, becaoae It 18 the reserve fand of all commercinl nations. = As Jo a8 they can pay their debta in prodnce, or bills of exchange, or. rafiway and Goverment bonds, they wilidogo. Novw, in 1877 e sent abrosd $151,- 152,004 more exports than jmports. This was wmoatly done before the sliver agitation. How was that difference pald? One may 100K in vain'to the Treasury report or the bank reserves o find that increase of goid. Some gold came back, but most of the gifference waa pald in raflway and (iovern- ment bonds. As for the writer's story. gold b come qulte frecly to New York, and In apite of all the Jlnnlrg‘lnu'ufl payments the Trsasury stock of gold has been nearly maintsined. *The truth 1a that our bonda are cowing home because our forelgn customers are paying for produce in “them. The process s an excel. lentone. The more our Government debt i4 held athome, tho lea specte shall we have to_export the better will be the securitles of our fiducias companier, and the !arger will be the disburs menta of gold and sifver to our awn, people. Nothing could be more desirable than to get out of debt to foreign nations, According to the New York Times nrticle, there are only from $300.- 000, to §500, 000,000 of our Government obli- gations held abroad. Tnis faa decrease of nearly haif, 1f the eatimatcs of five years go are trust- worthy. We have paid half of our national debt due in forelgn lands. ftor sflver, what influence can It have in FEarops! Men having invested In our bonds will not part with them without knowing all tho cle- ments of their value, Now these bonds cannot be patd faster than apout $35, 000, a year. Even that sum can only be called In where the bunds are dtie and jatercat is atopped. f Indiana Democrats scem to have a wenk. ness for malary-grabbere, Niblack wi made Judge, Voorheca S8enator, and Manso; ther of the lot, {8 now talked of for Auditor. —Cincinnati Gazelte (Rep. ). c. 80 sute, Ho suited to each dental want, ‘The fragrant Sozodont, - If you are restless and csunot sleep, take Ssn- ford's Jamalca Ginger, BUSINESS NOTICES, ‘Wilbor's Cod Liver Oil and Lime.=The great populsrity of this rafo and efcacions prep- aration Is alono attributable to its intrinalc wortn. 1n the cure of coughs, colds, asthma, bronchitls, whoaping-cough, scrofulous humors, and all cont sumptive symptoms, it has no saperlor, If oqual. Let 110 one neglect the early symptoms of discase, when an agent i» thus at hand which will allevl, all complatnts of the chicst, lunge, of Man- ¥ thr sfactured only by A. B, Wilbar, Cleralat, Gostoa. Sold by all drugglst. MEDICAL, 5 MYSTERY 3| MEMBRANBOUS SYSTRIL fvod , that Catarrh makes ite astronghold. Unce eatablishied, 1f eats luto the very vitals, and readgrs iifc hut 8 long-drawn breath of nitscry and disesse, dulling tne sense of Rearlng, trammeliog the power of speech, Geatroytug the faculty of snicil, and Killing the refined pleastires of taste. lnlh{lml by crecplog vn from & atinple cdld In the ho It ts the membranes lin. inu und eavelopes th i 3 cAlg CoBle AN & u death. Nothiog short of healthi to the patient, and tloated mnfartngn, (eadh Yf"(.'"lmf Sorine HADICAL ahalads Mhen b discave s Tuado (rieiiLEal 10FoRds 0 clicatt b ufu et e earthg, vinell ikt 1ssie Bave beca re EoVered, and thic discase tharoughly driven out. ANOTHER STRONG LETTER Fromn Heory Wells, Esq. Mewars. Weeks & Potter—Uentlemen: 1t is not oft thint & person 18 calied upon tu idensify himself or bl hsodwritiug Ly hisown testimony, yet such seems 1é De my case, I regard tos lerter written b, 1a Juge. 1474, many inquiries have beeo and stlll ars wady Wwhether or nut { wrote it. 1o saswer Lo une and sl wha are aficted as [ hiad been | have 1o ssyi 1 wrote sald letter, wnd now, In Sr:rlrml -, 1877, If [t were to be t‘)’ BANFOILD's Il.\l)lt'Af‘ L‘U!(E’Ful! CA'I’AI(HH. l should give It st freely. Truly yuurs, HENRY WELLY, Aurors, N. Y., Sept. 20, 1877, THE LETTER OF '76, Meurs, Weeks & Potter, Wholesalo Drugzists, Hoston, Mass. men—~1 bave fursuns months felt i & gty that T owed to suering bumsnily 1o write you, Stactn the grent Dene SURE kaye derived from tha Aa Gr U AR FOID'S TRADICAL COE Tor CA' Al For mure than U years § have boen aticted with il very troublesomo complaint. 1 iave tried all the re; VTt foak ) cotia BRG. LB Withul mAETIR) oF perin 1 1o dlucass lid arrived at toa 0 e iranious system had become so infiained, an: Lot el b0 dsordered, (hat 1L was 8 douutful Tiaiter wlieth. #7 | could ko tu the Pacifio Coxstoor I1 | did go, wheiher T'anould 1ive 10 como back or not. 1 saw an advertise. iment uf this medicine, snd althougl belng very lucred- ulvus'about spectfics ur totrumy of sny kind, yet I sbieur desperation 1 t3led this, Aud wad at once begedied, by i Tho chisbyes of ciimate, & chronie discsss 0f tha Tiver, aud iy au: ¢ Tu—miay prevent wy eoiite restoratiun, but the benedt | derlve frum its dalt mem- 3 y use {10 o Inyajuablc, sud § a1 hoping 1o bs ccmpletely cured: $nd AL st ATTive At & respectabie old u 1 this statemient of can be of a0y thow amicted ua § ave tils remedy fnin more gen: Tacifis Coast (where L [s et oy watting ity wote will bo attafued. o ra WELLS, FEVViY Ypee o Wells, Fargo & Co. Aurors, N, Y., June, 1870, FANFORD'S RADICAL CURK (s & Local snd Con- stitutional fesaedy, 1ife [nhaled, thus scting directly Do The pasdicavitics, Itis taken loternally, thus neutrallsing aud puritylog the acidified bioud. ne 1 retedy, destfoyIng tUo Kerio uf the diss :I“llud{l. and by WEEKS & POTTEH, Wholesslo Drug- COLLTES VOLTAIC PLASTER. Instaut Relief tor Ruouniatiam, Neuralsin, Paraly, Crawps, St Vitus' Dance, Hele uilen, Hip Cowmplslute, Spiual Al Nervous I'alus mud Irrliations, Epile Fite praceedlug trom Khacks (o tho Nervous Hystem, Ruvturea and Niralos, Fractures, lons, Weak Diuscles mod Foeble Muscular Action, Gress Back, enused by Chbrealo I the Kidaeyu. PRICE, 25 CENTS, careful to obtatn Collins’ Voltatc Plaster, @ £om- hlg:“" S to, shealn Coling, Velale.F i S 60Ny My icatod Dhuat e S At b e Vel & os and Can by WEERS {ed Btatas sl Causlas an Proprictors, Dostod. Mass. B FIRM OANGES. COPARTNERSHIP. Igucd have this day assoctstod thematlves W’!‘zl‘ny:gwm ot cu'r.v Iln‘ tnl‘{h' ‘Wholcealo Leat q‘u foiiplies Lasagdn, Rl LR KlkOpoNK WOLLSThIN. Colcago, Fobi 7. 167 vut the & POIT e ————————— ' } i i t ¢ T