Chicago Daily Tribune Newspaper, July 16, 1878, Page 7

THE CHICAGO TRIBUNE: TUESDAY, JULY 16, 1878, TIIE COURTS. A oatch of Appellate Court De- cisions, An Intricate Case Finally Disposed of by Judge Blodgett, Kecord of Judgments, New Sults, Crim- inal Dosiness, and Bankrupt- cles, APPELLATE COURT. A BATCH OF DRCISIONS. The Judgceof the Appellate Court have been ateadity enuaged the last week, and yesterday they met any announced opinions ia the following cases, They have now only thirteen cases undla- posed of: No. 40, Sea vs. Glover, This case turned on tha validity of the fvo-day rale, which the Judges sgain held illegal. The sait was sgainsta guar- sntorof & note, and the pont wae made that though by the terms of the instrument the holder bad a right 1o declase the whole amount due for falloro to pay the interest, yet th :u-rmlo'n contract was only to pay the principal at maturity of the note, and that a sult brought before that timo to charge him was premature. Tho Apvellats Court, however, held that the guarantor's contract was thal described In the nate, and If the note at Jowed the holder to declars the incipsl dae be. , the guarantor w. bound, The ;:-rfirmn;:lt“;‘rlin- l:ogu bolow wae, however, ro- Yersed on the mlmh_nr‘n:nd.“u = 0. Higey e Bgan. | Tole wid enforce thio perso % defunct Tquitable To- stockholder in L ca‘.‘"m"y o NS 1 e & Special Iaw tn 1801, nd the piit was to enfol jeno! 5 the anly question was as to whether e P800 by it torma appiled (o the case of ‘ompany. e DT ot Const held It did nol. There was 1 manifost confilct between the sixth section of the charter and the sixtocnth scction of the teneral law. The former provided that only a 8_nuit to Ihi-n s 1tal Lo e subscriptiun heed be paid In cast, the r-ner thst all subserl onld be lia. | all the as puld fn. "l“‘l?e (;In;:ulnxpnny wan organlzed on the principle of taking fte stock subscription to oo secured by tho subscribers (o tne satiafaction of the Directors in- wtond of being pald in in eash. Sec. 10 of tha General law oxpressly provided the capital atack of existing corporations might continuc as Before. Thore seemed L0 0o Gna oxprosa rescrva tion in faver of the Equitable Insurance Company, o that by the cxpresa terma of Sec, 19 the pro vitsion of the act of 1860 did not lJmly tothat Company, 8nch heing the case, the defendant in error was not liable under the act of 1860, and the Judtement of the Court below, boing in favor of the efendant, would be afiirmed. ul. “’ficllllju va, Sproance; afirmed. Inthis and the precedlug canes Judga Dalley dellverea ‘ora) opintons, piviag the reasons for tho afirmance of tho cares. This wns & suit against ruon Sproance to enforce his peraonal lability tuck- hotdor in tho Commerclal Insurance Company, The Company was organtzed in 18UG under a apc- ciol charter. The plaintiff in errorrecovered jud§~ mentin the conrt below, Jndge Balley, in decld. jog the case, sald the ouly question was asto the applicability of tho ‘General law of 1800 1o the Commerclal Insurancs Company. X 18 of the General law made the atockhoiders of any company liable under cortain conditions, and Bec. 19 brought under the law all insurance anfea theretofore created. 1t wad only nccessary o countuer whether the Logislature had nowsr to so amend the charterasto_impose & personal Jia. Dbility on the coporatara, No such Individuai ) bility was fmposed by tho charter, nor was ther any power roseryed in the ter to the Genaral wombly tomake any amondment thereto, 1u the nce of any such reservation of power, the ter was an firrepenlablo contract betweea the and Cumpany, brotected by the Conatitution of the United States. Nor did (e Coustitution of 1848 grant any auch power, arnd during the lifs of that Constltution it was not contended thstit bad such power. Judgment afirmed, 0. i Harms va, Fitzgerald; reversed and bill dis- missed, Mitchell vs, McNab; revised and remanded, 07. Coates ve, Cinningham: aflirmed. 132, Michigan Central Itallrosd Company ve, Chicago & Michivan Lake Bhore Railroad Com- pany ; Teversed and remanded. Chicagd & Alton Rallrosd Company vs. Maher; afliemed. 105, Hartictt va, TDoland; aflrmed. 117. Del'ule va. McCauslan reversed and d, d“\\'llkumkr va, Deckert; roversed and re- ed. 127, TNace va, Richwaldt; afrmed. 128, Wincock va, ‘Tarpi alirwod. Judce Dailey delivered orally tho reasons for the afirm- Thisinvolved the right of Individual cred- (o sue the stockhulders of the Fidelity Save Ings Bank. Abill was filed D! the Rtecelvar o pre- vyeut the prosecullun of anch sults, d Judge Moore granted an injunction. Judge liailey, tn deciding the caae, said it had recently beon held 11{ the Supreme Conrt that the iudividual lability of tho stockhalders of o corporation was to thy creditors, and thatactions at law might be miain- talued by such creditors againel the stock- holders severaily, Buch lubility was not propetly un assct of tho com) "fl' yot under tue Lroad powers of & court of chancery such a conrt was veated with power not meroly to adminlater upon and distribete the nssets of au insolyent corpuration, but al«o to collect fram the stackliolders the indlvidual Hubllity for the dehts of the corporation, and_distribute ‘the same in ypavinent of the debts, While tho creditors had & right Lefore chancery obtainod jurisdiction of the asscts 10 bring thelr sults at law syainsl the staek- holders Individually, yet after proccedings find been taken in chancery to wind up the corpotation and dlsttibute Its axects, and 1o collect the fand 10 be derlved from the tndividual hability of the stackholdere, the jurisdiction of a cours of chan- cery wan necesaarily exclusive, and the Cour® be. lowdecided correctly fn restraining the creditors from the prosocution of thoir suiis st law, Tha Judument wonld thereforo be aflirmed, 11, Besch va, Jullrey: revarsed sid remanded. 141, Clinten Wire-Cloth Company va, Gardner; afirmed. lt.l‘ Lovy vs, Hoswell; dismissod at sppellant's conta. OATMNISHEEING RLAILIOADS, ‘Tho caso of the Michigan Contral Hallroad Com- Douys warushee, ve, the Chicago & Michiuan Lake Shore Railroad Compuny, etc., alsocecided by the Apnclate Court, involved an tuterestlng und fm- pottant question 88 1o tho power to garnishee o ratlroad company for cars recetved of # contiucts Iuz line. it appeared from the facts that A, D. Luumin brought sult in the Sunerior Court againe the Clieago & Michigan Lake Shore Rallroad Come puny and Willlam Minot and J. Lowis Stack- pule, ‘Irustees. An attachment wa: sued wut rved on the Ichigan Central Uallroad Compuny as garuishes, and on trial o Jndgmont was rondered agatnat the defend- &nt for 845,071, vearcd and flied ita mnswer, danying il iulentedness tu the dofend- anty, and eluming, on the athvr hand, that the Cliicago & Michieun Lake Shore Raliraad Cowpany owod 1t $120, U8, Juagmunt was, bawever, ron- tlered againat 1t on tho sole ground that It fiad Ju 4 puyscesivg certain cars betongng (o the Laka Khoro Company, The two rouds tn_question had tho nsual contract or agresment by which cars when luaded wero traneported over both Hnes wo ne to ravy 1ewaafog when irausferred from one roud to theuther, mud tho Micligan Central ut the tlute of tho present sult nad several bnudred box and flat belonging to the Luke Khure loud. The Appuilute Court, 1n deciding the cass, said frst fjueetiun was Whetler a rallrond comupuny was llable to wurnishinent for cars recolvod of s connecting Hiuo n such cases, The Attachment uct provided for sumumoninyg ax garnishees all per rons whow tha ereditor should " designate av hay- ing mny vroperty. cffects, cte,, belonging tu_the defondunt, vr who were Ib any way ludedted o such defendant. The stutute (,u relation to garulshment was ahuost verbally the samo. Although thuse stalutory provistons wore bruad enough 1o churge © ae garnisnees all persons Laving auy property, effects. or catate uf the debtor in their custody, Power, or control, it u{ nuuicrous cases 1L had been beld that in Inany lustancos such statutos had m application. Y nrioue constdurations of public policy ntorvened, in the Tlgut of which it was avsuiecd (hut the Leys islaturs iutended o wuch more restricied applica- Lun of the etutute Wiau the langusge employod + wuuld seem Lo impotl. 0D thal priseipls. bzere tors, sdminletrators, guurdlans, sherifs, clerus of courts, Recuivery, Trustoes of {nn . Ateitile ted in Asnkruptey,auu various olher oflicers Lohl- $ug mmoney or property under autlority of luw, could Lt bo charged as carnfsuecs. Pullc policy 'wouid ot uilow sich persons to be herssscd and. dige trocted, an tuey would be were they compellea to Gcfeud guruishice-suite, and he put 1o trouols und e1vense fur the benett of eald parbies, Althourh 2 railtoad cotpuny, su faf us its organization snd Ahe proprietarslup of its (ranchiscs Wus concerned, was u pravate cororatlon, Jelsofar as it was & Cumwun Carrier 1 exercised a public smployment, 48d wus bound to receive uud tranaport sl {reight Oflered. Tho vama conslderstivus of puolic poi- ler, “thercfore, ought tu cxempt a rail- foad company which would cxempt othor public oleccrs and ogents in the i uf - thelr offclal dutiew, It the In question wus allowed (o ovorate, the result %ould b 1o’ serioualy futegere with the transpors tation of frelzbt by railruad. ‘The present weihod Of conductiuy the carrying businces uf the country §reatiy subeerved the public convenl sud $hauld 5ig1 be futerfvred with for thy wore brosne Sallon of ludividual snd private ends, except fu Jery siruny and controlling reasous. The docirine fomtended for by the appeljes would niake each The uid compuny au sgency for tno collection of os debte ana Tlabilitics of every other radirond BLany with whosu truck 1te Nue was in any wey Soanccied, ‘Tho compantes would then be :’lm elled (0 abandon the preeent ecus uumul aud expeditions system of racdoftaton, o carry It ou st the Tt O belug contiuually urawn futo controveraivs fov LB tuied partien, “On the asle of public pale Lhereture, "the cara of vy company lu tue bos- toodlun of anotlior, under the present cifcum- cen Wery ot diablo Lo garnisbment, Biapotaer queation was as o the right of the ger- cdse 10 st oit o sufticient swount of The 1ndebt. #8161t trom thy Lake Shore Roud to cover thy Yalug of the cars bield by it But W garulshee rocecdings only gave a garniahiee thapower to Aet gfl any demanda to the same extant as thouvh no garnishee preceedings han been hegan, In the present inatance the Michlgan Centrat Road would not have neized the ears of the Lake Shore Koad and Applied them In paymentof its deht hefore garnishee proceedings were commenced, And if it could not B«Inm 1t conld not afterwandt, On sl anottiee ground the 1‘:rr:;‘-g|::'2rr‘n::::ll!l; ingn munt 'he proporty In ‘Truatees' hands for lh'e benefit of the banaholders, and the Trustces had only a naked title, t the plaintil before being entitled to reltef againat the warnishee wonld be fiest obliged by bill in equlty to hiave the tenste sacertained and adminls. tered, The cass would therefora be reversed an romanded. ——— JUDGE BLODGETT, ROUERS V8, DUBANT. Judgs Blodgett yestorday morning decided the eare of Rogers vs. W, F. Lurant, a very Intricate cate, and tnvolving the candderation of a large amount of testimuny. This was a bill in equity to recover on certain notes exocuted by the 6rm of J, W, Davls & Aseociates, of which It was claimed Durant was a member, The muttwan by bill I, aqul- iy inatend of at common law, because the notes 10 recover the unt of wlich ault was bronght had heen loat. It seems that in 1807 1. W. Davie & Associates made & Trustees of the Unlon Pacific flaitrond Company to furnish 1,000,000 tfes, and thin wan succens. fully carrled ont. Davia then sssociated with litm one of two others under the same name of J. W, Tiavis & Associates, and mako & new contract with 2] e Company for furnishing some mots tics. paper on which suit was bronght was given in the couras of ihe execution of this second con- tract, —thatds, aftor Nov, 130, 1868, when the frs or, anit way called, the miition tie contract, wae completed, Two defenses were mades first, that the action shonld hav en brought at law instesd of eanity; And, second, that the defendant was not 8 member of this rccond fiin of J. W, Duvis & Assaciases. * Judge Blodgett anid that the tendency of the lsw in 1ater years, sinca the adoption of the ruie of allowing parties to a canc (o testily, had been toward allowing courts of law to retain jurlsdiction in tho present clany of cases. There was no need of n bHl to search the consclence of a debtor when he could be pat on the stand at once, Moreaver, it had not sufliciently been shown that the notes had been lost. Al- thongh, therefore, Lhe bl miglit be alamissed on tecunical grounds, he preferred to decide It on ita merite. Tlo did not think the proof showed that Durant was a member of the second firm of J, W. Davis & Aseocintes. The hurden of prouf was on the complainant, and he had not made ont a case. ‘rhu‘ blil wonld therofore ba dismisead for want of equity, GENERAL NEWS. DIVORCES. TRosamand I1. Wesley yestorday flled s bil against John Wesloy neking for a divorce on the ground of ceuelty, TEMS, Judge Blodgett will doliver a decixlon this morn« Inginihe case of the Singer Manafactuting Come pany va. Ingersol) and nthers, Judge Jameson will be In Conrt next Saturday, Judge Booth wan in Court yesterday, bot will not be In again until furthor notice, Judge Willlams will bon Conrt once this week before leaving on his vacation tour, UNITED BTATES COURTS. Charles C, Hastlngs, for the ure of himeelf and ofthe Unitod States, began a suit yesterday to ro- caver 50,000 from Charles Q. Akraw, for alloged vioiub.on of tho Patent ia Joneph Durnett fled o bill agelnst Heary Sweet to prevent him from Infringing his trade-mark of ** Burneit's Cocoaine.™ BANKRUPTCY MATTERS. Albert Friedley, a desler in tinners' stock, bard. ware, and sgricnlturai implements at Lemont, went' into bankraptcy vemtorday. Il preferred devts are $50, the unsecured £5,170, beslder liability of 8761 on billa discounted. The usseta are lands, $30; bills and notes, 84456; stock in 0: buguy and wagon, $20; office fx- trade, 81 ture $104; aud opon accaunts, 81,000, Tion Gehring alvo went In owing '$32,800, but hiaylog no aesets. A compontion-maeting will be bold July 30 in the case of Adolph Kielnert, Georgs W. Camphell was yesterday lf ointed Assignes of Douglas 8, Taylor, Bradiord Hancock of Peter J, Van Slvck, Oswell A, llogue of ielden ¥, Culver, Willlam 1L, Biryan of Chstlotte M, A. Goodridgs. A first dividend of 10 per cent was declared yes. terday In the case of Cainpbell & Whito, Intha matter of Selden II. Gortismthe propossl for composition was withdrawn, and Willlam W. "0[1;'50". appointed Assiguca undera bund for Assigiiees will be chosen at 10 a. m. for George W, Huntoon, Jr.,and Willlam Gamblc, for Andreir D, 1lall, for €, A, t'omas, and for Houry C. Cly- bourn, The firat dividond meeting v Maximilian J. Light fsmet for 2 p. m. to-day. BUFENIOR COULT IN DBRIEF, John W, Caswell, for the use of J. K. Rusesll, Dbrought sult for 81,000 againat Nelton L. Lutz, CINCUIT COURT. Ellzabeth Scrafietd began on actlon in trespars against Hienry e rey Al 1lall, sod E, J, 1ows, claiming $° damager Uartholomew Waleh, administrator of tho estste of John O'Connoss, deceased, bevan & wult in attachment m{l.wo gainet Mary Burke. " Conatance C. Weber sucd Axel Lindle far 82,000 amages, Matnew Ash commenced an action 1 tres, sgainat C. W, ond E. Pacdridgo and C. J, Sto laying damaves &t $10, 000. 5, A, Warfleld, Itecelver, sued Thomss 0'Con. nell'and WScotd Walton for 81,000, CHIMINAL COUNT. The trial of William Curey for the murder of his brosher-in-law. Iegwein, “was tu have hegun yeterday morniag in the Criminal Court. At the oponiug of the court, nowover, an afidavit was resented from the privon Stating that be had acn unabla o procure counsol hy reason of a lack of funds, but that he ind lopes of Indncing an uncle residing in Oblo to sdvance the neceasnry Bmonnt fo procure e services of an attornoy, He desirad 1o Lavo 8 coutinuance until tho next term, but Judge llogers accided to aliow hiw untit the 40th inst, ‘Tlie casu of the murderer, Villnger, cutne bofors the court for a few minutes, the aftorney for the accused statlng that atidavits would be presonted showing his client's insanity, Judge Hogers sald that such afiduvite might be trongnt tn this m Ing for the consideration of the Court, Judee Rogeraalso heard excurcs of jurors. Ohe young man fearcd 10 serve, s it might cost him his position. Judge Rouerstheroupion very empnatic. ally declared that, If *any person on tie jury was discharged for the reasun given above, e waonid {mnedfataly causw (e nrrest of (e dmuloyer. e poso a heavy Gnv, and send him to Jall for contempt of court, a gt o’l'nlc'u:\'l coiiz.. n order of s¢judication was made [n the estat of W, ¥, Cooltisugh., out no claims were filed, 9 In the catate of Amos H, Heeloy lett were franted to Laura Soeley under bund for $:00, 0 Tue will was admitied (o probate some montns aga, hut 1t wis not untli yesterday that sunicient vons- wen could be securcd. suvouears, XFEasONS-Tomer K u‘guufi& sid Wiillam '?""i"r"‘" o aseini ) t '80:0%0.95! =4, I M ay v, 8urenfon Covnr. €. Julin, and Wil B0, 4 hofias stuig buru and Feier A, Ab Rhieldou Graves, §435. CITY SCHOOL-TAX. Its Legality Sustalned by Judge T.oomls, Yesterday mornlng Judze Loomls, o the County Court, overruled the objoctions mnde tu tho legality of the school-tax levied by thy Council for 1577, He wald: s The ubjection {s made to the vty tax that it cantaing, smang other ltems, an approoristion of sumething over 100,000 fur school puy- poses, und that the levy, to that extent, Ia il legal snd vohl, for the resaon that under the law ms it now stands, and especaliv sluce the mtoption W the peaple of the City ol Chicago of ihe ticnerul Tuw reluting to cltive, villages, awl towns, the coutral over school property and ken wwuy from the city, s can only cted taxes I8 tul 't be exercised by School Trustees to bo ¢ under the General Sehoo) ln thit prior touly 1. 1872, when both the pre, Bchool Juw and “the law relatine to citle luges, and towns went Into cffect, the churter of the City of Chieugo, which wns then vocrative, vested tie school property sl power 1o tax for schoul purposes fn the elty, But it s contended that the passase of the teneral School law operated by wnpleation ns a repeal of that portion of the old elty charter, and travsferred y operation of luw the senvol property and power to tax for schiool purboses to the Con. Frcmunnl towuships, or rather, to Uu)lrd'l.uI Trastees of townships (to vo eleeted). “This ;muto‘l‘l is not, lw:lrzr‘cr. v:ry slnim:tln‘x;ky uslste upon, am s not, o8 hink tenatle, fur 'the resson that Sev, 80 of tho Hchool st expressly exeepts from the provislons of that act fucorporated cltics and villaes having charge and control of irec schools by speclal acts, It reuds s ful- lowat *lncorpurated citles and villazes, exeept such a3 now have charze aud coutrol of freo achools by sooclal acts, shall bo aud remain parts of tho school towuships lu which they ure cLively situated, and be subjuct Lo the gen- vrovisions ol tho Schyol taw,” ete. TUR MAIN POINT, howevor, upon whith ubjectors rely fs, that, when tho clty 1 1875 wdopled sud became in- [ corvorated under “‘the General law relating o cities, ete., the old charter was theroby repealed aud bevame null and vold under the provistous of Bec, 6, Chap, %4 of the evised dlatutes, v, 213, entitled ** Citles, Villages, and Towos. It I8 clutmed that that part of the old charter relating to schools and ‘the levyiog of taxes thercior coullicts with the provisious of tbe Ueneral act, or the vew charter, 88 1 way call it, for the reasou that, In the enumeration of powers confi )y 03 of the nce, no wentiou ts made ot the subject of schools, und no power conferred to levy a tax therefors that every power wot Included there- iu 18 unecessarlly excluded, and, theretore, fo couflict with the sawme; that tho maintesance of Dublic schivols §s Lot # corpgrate purpoas, bud, therefore, does not coma within the litnita of cond power enumerated in Aee. 62, to-wit: propriate money for corporato purposes only, and provide for payment of debts und ex- perises of the corporation,” It 1 true the act under which the city 1s now Incorporated does not specifiealls mentlon the sublect of vrhlmll within the enumeration of pawers confefred, and if, as urged by ob ector's counael, the maintenance ot public schools In oot a legitimate corporate purpose, then the old charter was in this respect, mrhn‘u. In confiict with the new, aud the actlon of the Counctl in appropriating money and levyiog a tax for school purnoses illegal, because s munielpal cor- Yuuuon has no inhierent power to lovy tuxes. L can only levy sich re authorized by law. It possesacs 1o powers except thuse ume-nl{ @ranted or necessanly (mplied from, or indl- dental to, such as are expresced or granted. BUT IT MUST B KEMEMNERED that fmmcemorial custom, which tacitly or ex- pressly has hecu Incorporated in the State Con- sutution, bas made imumcipal corporations s part of the general machinery of the 8tate Gov- ernment, and tn thelr case ihe State does llttle beyoud prescribing rules of lfmitation, within which, for local or corvorate purpore, the power Lo tax s left to them to b used st their dis- cretion, And, as {5 said In_ tho case of the Water Commissioners va, East Bazinaw, 83 Mich., 184, * the determinstion of the Comman Counctl of a city a8 to what should bs levied for city purpores will not be by the courts excent for Impergtive reasons,”” It cannot be denled but that Sev, 63 of the General act, under which the ity is now Incorporated, conlers upon it the power to control the finances and property of the cor- poratton, and Lo appropriata money and levy and calleét taxes for corourate purposes (sea alen 8ec. 111), and the conclusiun s, tiiercfore, Ir- resiatible that, ff the maintenance ol public schools 18 o corporate purpure, then that part of the old city charter relating thereto fs not in conflict with, or incunsistent with, the uew law, and is vot, ll::relore. repesled, but rewnalns in ull force, WIIAT I8 A CORPORATE PURPOSE a8 lp;:"mhll to & wunicipal corporation? I apprehend it includes everything which has for Its ubject the preservation of the satety, pesce, and prospeaity of the corporation, the mafntes nauce und defense of ita existence and rights, thie auzmentation of fts strenath and resources, and lhulvrulm:nun of its citizens In thelr richts. We all know what education fs, and what It bas done for this country, and It would serm as Interfered with though we did wnot ‘require the decision of ln; court to Inform us of the - Tact that the malntenance of the pubic sciools is most conducive to the weneral welfare of the city In every way, not only to the preservation ot Its peace and pros- perity, to the development of its strength and resources, but even to the very malotenance of its exlstence, ‘Thia question, howerver, fs not an open one, for the courts of last resort.in mang of the Btates hove declded that public education is a corparate purpose, Sce k tiees, 27 Georela, #5343 Commissioners of Scheols va. Commissioners of Allegheny Cnum'y. % Md., 4405 Bure va. City of Car- hondafe, 70 11l., 435. See also, as to what Is a corporate purpose, Taylor vs. Thomp- son, 43111, 9, The case in 20 Md. 13, in the Court’s opinion, on all fours with this onc. THERE 18 ANOTIEH QUESTION. Jt has beensald thet the clnusa of the Bchool act which lias roteronce to the apnolotment of a lioard of Education in eities having populations exceeding 100,000 waa local legislation, and, therefore, ancoustitutional and void. 1 don’t think It necessary to look at this question, be- cauve I don't think it 1s necessarily jnvolved (b the question which is nrezented beve, It {s trucs that the City of Chicago, by virtue of the pro- visions in the old charter, which I think wre not repealed, has control of the property and of the levying of taxes tor school purlmnu. That {s the unly question which s really presented to this Court, ana [ will sar further, and inci- dentally, that don't beiteve thut this statute Is unconatitutional. At least this Court would be very chary {n pronounciug upon that question, Leeause oitr courts of Jast resort have always said that where there was ant doubt about the coustltutionality of o legislative eusctment the Court should not disturb ft. Certalnly, & court which Is nbt of the Inst re- sort would pot attempt to do so. I tako it that this daes not fall within tha rule lald down in the Deving case, and otlier cascs quoted, be- cause Bec, 80 of thia General School net, which hos provided for a systemof public schools throughout the State, allx)er provides how the a 2 £ act shall be admimstered” In different parts of the Stite according tow popula- tion, the same as tho act— rogarding fees, which provides that In countles of certain population thov shall be divided Into clusses ac- cording to population. This Behuol uct providea lleIy that {u countles avg towns generally the control of the schiool shall be under & Bourd of Trustees. Then thers 1 a provision that In lowns or cities having & population of over 2,000 there shall be o loard of Education of a certain numoer of members, and, in cl:fes hay- intr & paputation exceeding 100,000, tha Board of Eaucation shall contain a certain other number, fiftecn, and to my mind this does not fall within the restelction lald down iu these cuses present- cd by counsel. Huwever, 1 do not think tho question necessarily comes before the Court. ic opinion of the Court, Lherofore, ls, that, this belm‘ B corporate purposs for which theee taxes aro levled, tho power exists in the City of Chicneo to lovy this tax, and the oblcetion Is m.ln. l;'ell taken. The objection is therefore over- ruled. ONLY TWO FURTIIER OBIRCTIONS wern considered durlog the day, and both were tuken under advlsement, and will be decided this mornlng at 0:80 o'clock, One was Ly S, W Herford to the insertton of assessinents for provious yesrs where ’udcmcnt bad becn refused fn the application or Judgment, ‘Lne othier was from School Dise trict No. 2, tlyde Park, betng that the certifi cute of the leyy of 820,000 tor schoo) purpuses lost year lad been slened by C. M. Hardy and . W, Potter “by Hardy ! as Nchool Dire.tors, eie. It was claitned by the attorneys for the ubjector that, inasmuch as there wora three Directors, tho certilicates should have been slzned by all of thens, and that the mgnlog of It by one was illegal and vod, and huuce the certlfieate did not meot the requirements of the statutes in such cascs. The utturneys for the county 1ok the contrary view, and both sides were licard at great lencth. TilE BLACK MILLS. Trial of sn Iudinw for Murder~Tha Canvass tor Delegato Ju Congress, Apectal Correspandence of The Tribune, Rarwn Crry, D, T, July 8.—Tho United States Court closed o four weeks' terin hers last woek, The Grand Jury was lu sosslon a great part of the term, and sevoral bills wers found. A num- ber of witnessos wero brouglic here from the river, and some time wus apent fu investizating the alleged crookedness of tovernment offletals at the Cheycuna Agency; but, If any indict- mente wera found, they have not been muade publle. The usual number were brought in for viotations of the Revenue faw, wud a new batch wet for next terus, In Buptember. Probably the most futeresting triol of the term wasthatof the Indlan, F-Chapsen-tae (the Whip), for the mur- acr of a soldlor numed layne, st the Chovenns Agency, In the summer of 1873 The facts in the case, us disclosed by wituesses lust fall, when the fudictinent was fouud, are briefly these: The Wulp obtatned, one day, from the Hospital-Bleward or some attendant, a bottle with sume liquid rematuing in ft, which he carrled bomie to his tepee. ‘There his Mttle boy kot Ly aud, child-like, put it in bis mouth, fhe llquid proved tu be polson, and caused the ¢hill's death. This tnfamed the Indtan, and he cousulted tho Ureat Buirit, who direeted i to avenge Limself by killing 8 white. Ho armed hlwaelt with o lou¥ kulfe, und went out, bent ou the bloody deed. ‘That wmorniug a couvales- cent soldier, numed fayne, was Sut walking, by direction of his physicun. He saw one of ‘the wituesses,a white uian; told nim howas getiing lscharged, and go home d childy showed tuo plcturs of his loved oues, and chatted cheerfully of, the pros- t; then walked ou aud was Jost to view, Hut the \Whip walted for nim, His two dusk wives werg with bim, and saw the decd, e uict the slck soldler as he camo alougs the path sbook bands with bim, % “yood lnajan ;" then. 48 he passod, wheeled suddenly upan him, and stubbod bim over the shoulder with bis lou kolfe, the blade penctrsting the rewlon of the lcart, and cousiny speedy death,— the suldier ooly succceding in getung hundred fest Or %0 farther Wl hs lay still aud dled, It was & deliberate, premeditatéd wurder, and the Whip had saidto his women, as lus victin camie Loward bim, 1 wunder if the fuol knows 1 am golog to kill him.” After- wards he explained tho deed a3 having boen committed becase tho white wuan's medicioy killed s cunld, But, un the trial, this cvidence was not fortheomiug.’ Tho dofendant sat in his iace culin w8 8 stone wovument. ‘The wit- nusacs cawe noe by vue, sud told thelr story just as stolidly, ‘Tho retitals Lefore the Graud ury were culirsly forgotien or contruicted; Whio hud always Leen 8 good Lndiau; yes, they remeinbered the death of bis child, und its be- fnge causqd by the white mao's wedicive; bat, alter the child's deatn, white men were very kiud und prepared the child for burlal, and this wude Whip fel yrateful, sud be woulda't then Wuat to kil] anybody. Ty had heard of a sol- dier belug kitled about that time, or shortly af- ter, but never heard who did ft; it couldn't ave hicen the Wiip, wn he was in’ hia tepee at the time when it ocenrred; never heard the Whip sy he did ite--whv shoutd lLe, when he At have angtbing to do with @1 Oh, no, he couldn’t have wanted to kill s white man because of his ¢hild's death, for be felt grateful to the whites for thelr attentions at the timo_of the burisl, Thus testified White Robe, the Whip'a brother, White Hobe's wife, and \Yhip's sunt. Then Vinp's surviving wife was called.—the White Buflalo Cuw,—a gay young aquaw, who rushed upon the stand, and raised buth hands, to be aworn, fu a hold, deflant way, to indicate cour- g The question of her admisalbility to testl- 1y firet nrising, she swore that, when she mar. ried the Whip, he was 8 widower, his other wife dead, and he Iree to marey again. The others oniv corroborated her storv. Yet, Jast Septem- her, all the witnesaes, herself included, bad told the Girand Jury that she was nne of Whip'a wives at the time, he having two, dwelllng in the sume topee together, It was no use. The United States-Attorney labored hard, sad the Court gave lurge latitide to his questioninie; but the witnesses maintained their new theory of the case throughout, and told it with all the barmonious ingenultr of & writer of flction, or as if justructed by & shrewd crim- inal lawyer, There was no hook any- where; there was no admission to defendant's yrujmlk-c. The case, of conrse, went to the ury without any summinsg up, on the Judee’ nstruction to find for the defendant, which w. done withuut leaving thelr se Lelteved, t| Yet that jury b -l-udkn« believed, snd the counsel too, that the o defendant was gulity as charged in the indfctment. The Chief was highly elated over his scquittal, shook the tnde of the jury, Judge, and lawyers, and re- tired from thy court-room in charge of the in- terpreter, followed Dy his duaks mates, who chorused **Howl how!" as they heard the news, And next day the whole band departed fu yeace from our midst, unmolested by the whites, though many times in the memory of this settlement have warrlors from this fsme tribe haunted the surrounding hills, and picked off with uncrring alin the sctiler who ventured out alone, unarmed, Such is the white man's forhearance, suel) his respect for law, Campalgn times are coming on now, and, if we are but & Territory, we exvect to share with the Btates in the great political awakening, A Delegate in Conutess t8 to be chosen, and we Hills peopie, of course, are deeplr futerested In that. The present incumbent of the oflice, Jug {ze Kidder, who has held the place {ur three or four terms, 18 & candidste for re-election. Gen, Dewey 18 a strong rival, and s dividing with bim the delegations of Soulhera Dakota. Bue by far the atrongest candidate, and the man the Hepublicans taust nominate If they would hope to carry the Territorv. 18 Judee Hennett, of thia dlstrfct. The Judge is the must popular man fu the Hills,—the recent persecution of a cllque of pollticlans only Inteositying and crystallizing about him the devotion of the peo- ple. Instead of surceeding fv driving him from the Beitch, the conspirutors were noti-sulted on helr own papers, aud the Judge triumohantly vindleated, witnout teaving his ofligial duties to tnake n defense. ‘Thie common peopie hall thls defeat of a ring they do not llke, and the triumph of a_ man they do; and the reault {s, Judge Benneit (s more populer than ever, Uestdes, e has bundreds of friends in Buuthern Dakota, who know him as an oble lawycr, a feariess Judge, an apright an. I ho ‘be’ the nomineg, lic will get the lid Republican vote of the Territory, with a larze Democratic voie heres whlle, if_he is beaten at the Convention by a SBouthern Dakota tan, the Democrats will be shrewd cnounzh to apprecinte the situation, select a strong candle date resident in the Hills, and then fnduce a vote for him here, from peopie of all parties, that will serlously jeopardize Republican suce cess In the Territory, 1t scems Lo me that the Republicans, secing this contingency, will make Jlullcu Benuett the nomines of their Conven- on, Our weather now is very pleasant, after a lonis season of rain and wot. * The Rapld Valley 18 settling up with farmers, sud the country taking Jong strides abiead. Tho military have orived in campat Bear Butles, thirty.tolles trom here, and pruntlse to proteet us from In- dian fncurslons turuugh the smnmer. Ho geo- Flo may come and scitle o confidence, while and i3 pleaty and cheap, 3 ————— TRAMPS. A Question Which Is Becoming a Very Se- rlous One In the West, Bpectal Carrespondence of The Tribune, DesMoixgy, la., July 13.—Tue tramp ques. tion is becoming serious, and every dav adds yo the difiiculty of fts solution. [litherto the tramps lave traveled sinzly or fn small squads. This year they como In tattalions. For several years, the Grangers throuztout the West have antagonized rallrosds, sud de- uouuced them as oppressors ot the puor labor- ing men. In the troubles aud strikes last year, thelr sympathles wero all In favor of the strikers and against the raliroad comnpanies. “Thio strikers aud thelr friends were not long in flading this out, and bence this year we find thege fdle men bundied together and muving West. Emboldened with success, they become fearless, and start with the determination to live on the country, nccording to the Com- munistic idea that the world owes them a liyv- ing. ‘They vistt amall towns, anud terrorlze the citizens Into o ready compifanca with thelr demands for “food; and, 1 upportunity offers, do not hesitate to rob. They lotnge about fu shady places, aroand farns or i towns, .ond, when they find the wen are away, swoup down on tho defeuseless women, who, through fear, grant every request they make; and, it ravishent even (s escaped, it is good fortune. They flock ou fyclzht-trains, and even take pussession of the engluc-cab, and dictate tothe cnganeor hiow and where he shall go und when he shall stop, They usuatly order s halt before entering a town. everal of the rafironds sre beginning to re- slst the encroachments of theso vagabonds; but to do o will require an {mmense force alung thelr lnes. The ltuck Ialand has gener- ally adopted the policy uf carrying them, A few daysago, they notltled the authontivs at Brooklyn to render ssmistance in- capturiig & gang who had forced themscelves on an approaching train, The result. was uo Reslslance. whatever,—thy people declaring that'they did not want them left’ there, This 1 the univereal sentiment chout the country, 1f the rullroad cotn- npt to protect themselves, the cry at once goes up that they aro abusing the pour workinrinens o the Rock Island has conchided 1t will Lo less trouble and expense to baul them over the roady aud now, whenever s trefght wrwn pulls out here, therewlll instantly swarm out from lumber-yanle 11ty to s hundred robust, healthy, able-bodied inen, und vosrd the tratn Iike 8 flock of sheep, If it be nigbt-time, and and no cars are open, & coupiiug-pin will suon make wreek ot @ ear-luck, and the car Is thled, 'They then help themeelves to whatever they tind fu'thy car thov want. Tobaccu{s thelr first chotee, aud the smount the Rock Jsland hias had to pay to shippers for tobacco stolen s na small ltem, The plua Luat they gre secking work, 1s false, They will not work, An cldent which oc- curred bere u-few days sluce is evidence as to the whole, A furiner sisiick u Fnuz ot sbout 1ifLy, all youny men, wuo wero tazily lounging about & lumber-yord, to et bunds to work in the barvesd-lelds, ut $1.50 per day and boarg, Every man rotused; and t 1o leader said uc lel the Btato of Malue shreo years avo, sud bad not dune a duy’s work sinee,—he could ilve without work, —Aud thoy waited for the first freight- tiain, when they nllJmcxl on it, sud went, For weeks this fide of lazy vagubonds bas been pouring Iuto this State, What {s to come of {t! Anarchy aud revo- Jution surely, If uot stopped, elhey lave al- rendy taken the first steps. They have taken pussession of the property ol rafiroads, and uppropsiated trains to thelr own use, and the companies ure powerless to restst, E The next stepts casy and natural, Banded Logether su aa 1o Insure sticeess, they will scatter over the vountry and take whatever property, where and wheu they desire. Farmersthrough- out the country wiil be st wielr merey eotirely. They will uot besitate to plilage aud rob, and murder il uced ve. Aud no womsn defense- less 13 safe in thelr presence, The recosd of theie brutal Just durlug the clusive evidence of this. 1t Is only s few da ago one ol & cung of thess villaius who bad stopped Urasud Juuctiun, ou the Chicago & Nortbwe: Road, nerth of this city, eoticed two llttle inrls 8 uud 7{ 8 0ld reapectively, into suwe tull weeds- The wnis wero wlae by ibeir parcuts, who have cowme to be watche fal ot their dsughters, and scarch disclused them, Uoe of them =~ was nearly paked. ‘Tuo end escaped withour accomplishiog bis purbuse, but was captured, and quickly burried o Juil, six nilea distunt, befurs tue fudignant Lad thwe to couregate. But bty sharp kulves would bave told lus fate bad they got bold of blw. Tue stury of the twu guls was wiuet Jisgustiog. Tity ln Comtnunlsin pure and simple, The Yuuulu way us well urepare to meet It at ouce. ¢ tuust be but dowu, or bioudsbed and ausrchy will be the result. The labor question hus notiug to do with it} for these vaxubouds will uot work 0 loug ms they can ride over the country free, aud bex und ateal what they waot, without work, ‘Touricet und put thew In )ul s vo Lurdsbip; ft ouly gives them board sud sticiter,—a centaluty for an uncertaloty, They would ) every jull uud prison fu the Weast in #ix montha. The Leuinlature of this Stats has Erflvlde«l that they ey be mado to work with all and chain on the hizhways or poor-farms; but the Jaw s & dead lctter, ‘The most disgraceful thing {n the history of Amerlcan politica (s the fact that the Green- back party is pandering to this horde of tramps, and using them as pulitical capital, In seversl towns along the raiiroada cltizens aro oganitiog fInto a military cons Imlnay force, 1o protect themselves and the railrosds against tramps; and arms bave been furnished by the State. Tue Governor (s kept fully advised of mat- ters througbout the Btate, and is prepared to act with promptoess as necessity refiulru. AWKRTE. MARINE NEWS. A TUG WAR INAUGURATED. 1110 vary likely thats tug war will bo Inaugarated t0-day, for the twa orzanizations known as the Vessel-Owners' Towing Company and the Unlon Towing Asenciation have, it 18 understood, entered Ints 8 compact wherehy vessel-owners who do not them thelr towing whil be charged full tarift . while thoes who do will get the aensi 30 pe!r cent off the schedals rates, thae reviving what 1n knows ainone tug-men s the ‘‘biack-ball eystem,” which was crushed ontin 1471, snd wnich cansed the organization uf ane of the -named Al fations, Tae ine. peadent tug-men in the harbor take It that 1 syrerment between tha Asticiationa means & compelitive war that In_denignca to freeze them wut, and proposs to meet their appaneats by ra. ducing the tariff s\l further. There are fn the Tnue ine thireen of tne best togs, whole, op tho river. and those, with s number of wild tugs, will make the fight. The Indcpendent Line tugh will fow veaseln In or 00t at 50 per cent nfl ke achedule In gne by il the ather tugmenin the port, and when 8 veasel-owner gives (hem his towing buth In and oot 60 per cent will be allowed, The tugn of the Ausociations aumber thirty-theee, and thetr managers will ntohably give vesmel-uwners to understend that the new arrangement commences to-day, and unless tllef give them thelr pound-trip tuwing no reduction will be ailowed from the tow. g taelff, which was gotten up in 1871, when some of the gentlemen now in favor of it were then atronely onposedl to the black-ball syetem, 'The reduced rates will be cheerful tntelllgence to thase In tho lumber trade, and ewpecinily o the owpere and manters of small vesscla who heve had :: divide their freight mouey equaliy with the tug- m There is not much doing In the way of towing at the present time, but there 18 enough to sef the boll “In motlon and make fi lively tug war, the result of which will be waiche with interest, Toe Independent tups hay the bnl, on tne octations becaure uf thelr greater reduced rates, which ves- nel-owners will not loe sight of fora mioment theee thnes. Caute. Tleane and Warner have charge of the Independent Line tagn, Capl. Hig- #le manages the V', O. T. lioatey and ' Capt. donn Crawford the U. T. A, tugr. About fifty tugeare In commlsafon. LOCAL INSPECTORS IN TROUBLR. Yenterday's Detrolt Jost and Trilune cone talned the following: A Jetter was recelved atthe office of Buper: spector Cooke yesterday, stating that Local I Freeinan and Fitzeerald, of Marquedte, had resigned thelr positions, and convenlog the Lostd of Deatina: tors, coneisting of the Uniied states Judge for tae dis frict ineluding Sichizan, the Collector of Custom of arquette, aud Bupervising insprotor Cooke. to selert BuCCemOrT ta the places. 11 was Lo Investigaie charkes agatust thess geailemen that L ‘Doke weat tu Mar- . A1id dion bis re- by ttiey anticl. % From what can be loarned of the teontles, the Inspertors In auestlon nave Allowed excursion steamers (o carry beyond ther com- piement of paascnge: further aunearatlyt in o which ls from the supervisiog Josvector-Gener: reciting the facts in 1he cate, subatantially a4 shove, aud also ing the caarves ‘made by Specla) Ayent Huaulding, reads a ‘1 amvery desfrous, if the facts’can be sutwtanilsted as set fortn by Mr. Apaulding, tias the masters. of thess steamers should have tholr licenscs revoked, snd tho uwpers of the Vihiels sunjocted to the wendities provided by Inw for auch violations. and I suall depend upan your energy 10 s that thesa instructions are fully earried out. An exainple watle of these paries will cupsin wiio may contomplate. [nfraciions of the luy #aine cannot be dube witn Imiunity, snd Lhet the - wnlaistrators thepeof are grin ln ther determination to pros ox In- ctors very case tiiat o brought to their aitention. Meers of the aervice awe a duty to the public 1 & InAtLara which must be perfornie.d tn such & man- uve aa will convince the atter that the Bteambost laws iy are what chey purport (o be, nat . the protee: fiu uf e llves of ‘berduts o DOATd Vesscis propeiled I whale or in part by steun.” A1 Atr. Cooke 1 out of tho city at the present time, au action fn the remiscs can bo taxen until ie returns BUFFALO, Brrrato, N. Y., July 15.—Charters—Con) from Ruffalo to Chicago at #0c; Ashtsvula to Chicago, 27%e: bnlk salt from Baffalo to Milwaukee, i0c: cement to Detruit, 400 per brl free on board; pav- ing-stone tu Cleveland at $1.60 per cord free; aundries to Mud Lake, 0S¢ free on board; lumber from Oscoda to Chicugo at $1.60 on rall; sand to Mud Lake at 65c free on bosrd: and lumber from Alpena to Chicazo at $1,00 per thousand. Clearances for forly-cight honrs endingat8p, m.: Props Arctic. merchandise; Hancock and Commoadore, merchandise dise: Cnba, mc'v:nhfltflle Newburg, mercha schr Thres Brothere, Chi- cago; barces Dasbing Wave and Uraco Whitney, Cnieago; Danuabe, Tawas, . Vessels passing Port Colborne lock for twenty. four hours eudinitat 6o, m., Lith: Westward— Props Laxe Sichizan, HamiitontoTaledo; Atrica, Montreal to Toleao; Oswemntchie, Ozdensburg to Chicago; _barg Huarou, Torunlu 1o Ashtanuls: Lonaon, Kinuston to Toledo; Mantmoroney, Charlotte to Chicago: achry Flora Carveih, Toronto i Riverside, Toronto to Buflalo: W, A inck Hiver; Mont_Blanc, Churlotte to Cuicago; Nareau, Fulryort to Clicayo} sam Bload, Oswego to Toledo; Bruokiym, Kings. fon to Shebayzan, Eantward—Frops Acadls, Toledb to Montres City of Concord, Chicago to Ogdenshurg: b Criitaman, Ashiabula 1o Toronto: St. Loui Hiver to Yorontu Htver to Brockvl PTORT HURON, Spectal Dispatch (o The Tripune, Torr Humow, Micn., July 15, own—Props Atlantie, Fovoreign, St. Albans, Victoris, bhel. don, Calurado, Alpens and barges, D. M. Wilsan and consorts, Vulcan and raft, wort, Jarvls Lord and consort ics, Sophia Minch. John O Erueo llyde, James Norris, Cp—1" ba, D, W. eckl and consort, Tempeat and barges, V. d cogrort. 0., T, ltuse and Lurges: schra o, G. il ‘Warnngton, C. K. Nime, t. Howland, Mary Dattle, J. Ii. Breck, Iiemarck, Florias, Flors il, Woe, J. Frelter, k. A, May. Wind—donth, gentls: weather fine. Mr, Ueorge lirockway's tugs Crusader and Glas distor have been laid up at Harnla Leyond t reach of thelr creditors, = It was apprebended that they would be selzed, as botn gro heavily in debt, and tois course was pursued to avold seizure. The ug Moflat, which hus been stationed st the Stralta, {s alsn expected on the Canadian slde, The 2. The Gladiator vening, and when h y cave her tow uayle, and aiartea for Canadian walers, svideniiy Intent on keeping away from the Deputy Mareha). ‘I'he Quayle towed her vess outaide. It s not probal that either of thean tuws will do sny wore towing for some time. 7 owner of thess Luks 18 In & position to dictatoe tei to his crediture, who wers inlens upon gatning settieent, and tried to have him transfer the buate in quesiton. One of our banking Jnstitutions 18 Iargely Intezeatod as s croditor, U ——— SAGINAW VALLEY COMMERCE The following were the shipmeutsa from East Sauiuaw last weel By o 1o The ahipments from Bay City last weok were e tallowa: « 011,820 LAKE FREIGHTR, Grain frefghte were quiet and nachenged yester- day. TRoom was laken, most of it Saturday even. ina, for 163,000 bu corn and 70,000 bu wheat. To Kiugeton, schr Comanchie, sudl 1o Oswego, schy M. Lyons, both corn a1 4c. To Buftalo, schr L. A, Law, corn st 1%¢, snd prop Araoia, corn & wheal, Portage, part losd wheat. turough. T prop Pairbank was taxen for wheat at 1%¢ and <orns 8t 134¢ to Buffalo in the sfternoon, The schr White Cloud was chartered yesterday v.::ur{i wood from Traverss to Chicago, at $1.40 r cord. p.’rho schr Clsra Parker brings lumber from Atpena tathis port at $1 per 1,000 feet. BARGE BUNK, pectal Diatch ta Ths Triduns, , Wis., July 15.-The atmr Joste, LaCro: with Gve lod barges, In attempting \w make & landiog ML vator here during s heavy stoam last night, forced upon tha piitng. Oue barga Wwes wrecksd, sad 2,500 bu wbest wel, Insured. CLEVELAND, Bpacial Dispatch ') 7.3 T une CrevEranp, O,, July 15.—Schr Fred, A. Morse, coal, Clevsland to Milwsukeo, at 35c; acbrs L. C. Woodruft snd W, H. Vaoderbl)t, coal, Clovelsnd 10 Clicago, st 60¢c. ERIE, Avecial Disva'ch to Tha Tridune. Enis, Ps., July 15.~Arcivala—8chr Levi Raw- son, Marquelie; stmr Nyack, Duluth; prop Alice Stroog, Cleveland; prop Cormorsat, Marquetie. Departurea—Schr A. B. Moore. 1,625 tons of coal; schr K. B. Hayes, 1.300 tons of cosl; prop D, Balleutine, 1,100 tous of cosl; prop Aniclope, 800 tone of coal, a1l for C:hicngo: prof Marquette; prop Delawars, :uicago.” i MARQUETTE. Special Diepatch to The Tridune, Manquerre, Mich,, July 15, —Arrived—Prapg | 8. Chamberlain, E. B. Hle; schrs Esile. Ln- | fayette Drowa, Willtam B. Ogden, John Martin, Alv Beadley. ! Clesred—Props Tavans, B, B, Ifale; schrs Mel- ene, Alva Bradi-y, Jamea C. Harrinon. Vassed uo~Frops St Loam, Winsiow, J. L. Hard, - Presed down—Props Indls, City ef Duluth. Wind—South, THE CANAL. Bripagrnnt, July 13. ~Arrivale—Prop Mohawk Belle. Kankakee feeder. 2,900 ba corn; prop Ottawa. 5,000 bu oats, 1,000 bucorn; . Ottawa, 6.200 ba corn; Brilliant, Mor- e, £.400 bo corn; Belie France, Morris, 6,000 bo curn; prop Feari<ss, Morris, 4,000 bu corn. Cleared —Firat Nat| ilet, B, G5t lom- ber, 15,000 lath: prop Montauk, 07 bu wheat; Bliswmrock, Uita poste. 25 000 shinglee; prop Weicome, Henry, 50,000 shinvies. MILWAUKEE, Bpectal Disputch (o The Tribune Miuwapxee. July 15, —Urain freighte are quiet snd nomtnal. Carriers ask 1c for wheal to YHullslo. Graio i store, 388,120 bn, NAVIGATION NOTES, CHICAG0, ‘The excursion boats did a good bumnese again yerterday. ‘The chr Racine goes into Miller Bros'. ary-dock to-day for repnira, ‘Thers were avoat twenty cargoes at the Lumber Market yenterany. Three tags carie In y enterdar. each with two 'flclhuuur.rt o tow, and they brought them & long rtance. That lang-predicted 1ug war has commenced, an vestel-owners are correapondingly bap py Lake Sllr’nflr 19 & long way to go. from Chicago, 1o get colible-stones for onr strect-rallwaye, bul the schooners do it neverthelsss, The Joi i Wea- ley and Abbie L. Andrews fiave lately brought duwn such carcoes. ELBEWIIERRE, sy City tagmen ate endesvoring to establish & aniform towing tarifl, e e eatimated salic of vessel property put on ue Krie thi 18 anaut §K0Y, 000, Milwaukee arnt 2 by of wheat, 26,000 bu of oats, 20,100 ba of barley, 8,000 Bu of cor a0 7,500 ba of rye tu Lower Lake porta In eekn! AU Matine City the_following vessels are in ordi- nary: Prop Mury Mills: steam Germania, Salink, Maty Pringie bargen Tallor, T, . Lester, Heindeer, G, Blusell, anq 8. Gardner. ‘Tbe {'mion,Steambost Company are golng to Iay the keel fof & new Eropelier at the Unlon Drye Docks, n Buffalo, 8L once. The vessel into be & counterpart of the Avon, and fs Intended for frelght. PORT OF CHICAGO, The followlng are the arrivaisand sctualeatl- tnea st thie port for fhe past twenty-four bonrs, ending at 10 o'clock last night AuRIvALY. Sche T, V. Avery, Sauistee, jJumber, Clark street, Prop Wm. Cripjen, Maaistee, jumber, #enr T, . ‘Ihayer, Mauisiee, coal, Usdey Frup Messenger, Benton, suidries, State stee 1'rop Annie Young, . Buffalo, sundrics, Clark s:rcet, fron (icean, Momiresh suniries, Adaing sive rop . ¥nook, White Laae, Tumber, Polk sreet, Jion Gity of Toiedo. Ozdensbiury, suinirics Cinrk 'ru CGrgh. Muskegon. lumber, Twelfth et ka. fldffaio. sundr ad dinven, Tumoer, Market. LUl Iuren strect, b . D. Barker. “Auntavils, coal, Boutl latated steeet, Behr Gearge L. Wren, Alpens, lumbher, Market, senr d, v Juncw, Muskexon. lumber, Alleu's ¢ ilp. fea Jcbr i, Greéa Ba, ldmoer,” South aireet, heur Mary Nau, Green Bay. shingles, Market, Relr Glad Tidiugs, rand tapids, wood, Btork - Yards. #enr ouse riniinune, Manl Marzel Buehr Nellie Gardner, Ahn ', aer, Market. (Sehr Jona- Misicr, Ludingien, Vaa fluren nreet, s E. M, Stanton, Maniatee, poste, . L. . It. o Kiorlm White Jaxe, n..e'&f Diviston street. fenr ! chr L. M, avls, Muskegon, lutbber, Chicago ave. aue, behr Coral, Dlack Creek, tles, hunr Bessie Boatl, Maniaten, Prup Arsbis, Budal 1 Van Buren strect. umber. Marke:, ien, m¥bte street, ix G Prop Portage, Rulalu, suudrics. SO Niette R'.ll’m idge: Ringion, o B kenr Ethan , Manhated, Hgit, Prop Miwauker, 2denshurg, s bebr felt, Ludineton, llght helir Winnle Wiuy, Luvilion, | 'ru K, Ludinir.o, 1140t sear eer. (wa itlvern, ligit. belir Petrel, Manister, Hht. fienr ads, Ma dstee, Vbt fe. Lake, I W e, aundries, 4, Mauiatee, lght. b, Alusk wod. biat. er, light. 4r Conteniy Suskegn. i fetir Sjunie Muelier, Lautington, lent. Ecr Urlden 1 {inkeu. b, bohr s, A irivh, Muskéuun, Keow Mary Ann. Magtster, Eear Emefiie, Maulster setir Clty of (rand Rapigs. Maskegon, light, £ebr 1, A, fchniond, Muskegon, 1giity ¥rop Trader, Pentwater, suiuie TO ARBIYE F0-DAT. L Trop Phiisdelphis. prop Jonn Pridgeon, Jr., prop Mosscoger, prop firittaln, Haaglog the Mayor of Bodmin, In the reizn of Edward the Sixth there was on {nsurrectdon in Cornwall on wccount of the siteration ot the reitzfon, nud the country waa pis.ed under martial law, which do those “times tonelated simply ot a Provost Marshal's gotng about and hanying up whomsoever he pleased, Ot the wanton_manncr {u which Sir Wilham Riouston, the Provest Marshisl on this oceasion, executed his comunssion the following memor- oble fustances are recorded: Oue Bover, Mavor of Budinin, had been among the rebels, not willlngly, but by cwnpulslon, Kiogsion, witb- vut Inquiring tuto the clreumstances, sent biin ootlee that on a certaln day e would come and dine with bim, Tue Mayor made accordingly great vreparations for recefving the Marshal, wha falled not to come at the time appointed. A little before dinner tne Marshal took the Muyor aside and whispered Linz {n the ear, “That av exccution must that day take place fn the town, ano that g gallows wonla require to be set up awalust the thne tho ~ dinner should bo done.” The Mayor promised thar one should be ready with- out fall, and gave orders to thot effect to his ofticers. Meanwhllo o suniptuous dinner was served up, to which they sat down_in the great- et good humor lmaginable. The Mayor spared no ¢ffort to pleasa lus 2uest, who seeined on his art as if ho bad never been more dellehted. Wien the entertalnment was over the Marshal, taking the Mayor by the hand, requested him to lead him tothe place where the gullows was, They accordingly walked forth hand tn hand, and on rm-hlnuhu'mt the Marslal asked Boyerif he ught the gallows wero strong enouzif. *Ob, yes answered the Mayor: ¢ doublless it 1s." Well, then," said the Marshal, coolly, “get you up apeedlly, for it Is vmvl-lml for you," * Nay," ru}ulncd the Muyor, ** vou mean not as vou speak.” 1Y fulth,” sald the Marshul, “ there 1s no other remeds; vou bave been a busy rebel, g0 get up tustamly,” ¢ And s0," adu’the chroniclers, fmituting in their style the brevity of the atrocious deed they record, ** withuut respite or defense was the poor Mayor of Budinin bhaoged.” N STEAMER FLORA 1s week, ending July Programme of excursiung fu 20. frum Clark-st_ brlile ; o Ty, i7-0n tha Lake 8t 2:30 p. Wt " i . T ke JosenD, Mich,, stoa. m., returuing at | 0y o« JUl; riered o Temperanco Soclaty, s iy 3 e hartered (6 Boetoer. feg Hiruwn's Saratoss lirsss and striag Baods on board, Fare'to bl Juscpls 80d FLuru, unly $1 all other round tripe bucents. | - on’ HOOLEY’S TUEATRE, NDAY, JULY 15, and Fverv Night During the HONDA Y et it ran ) s ine IS CLLAiEA " NIOWIS UNION SQUARE "HIBATRE cO,, In the American Drama fo Five Acts sntiiled INSCIBINCH- All the Principal Members of (he Ureat Comjany in the Caut, Wedueadsy Weltuece T HE EDOMINGE. N NEW CUICAGO THENTRE, THIS EVENING, MATINEKS WEDNESDAY AND BATURDAY. New Stars, New Acts, New Sooge. Au entlre chul:ol’ progre & o JONN, BARY, A MOUELA /i 3 No BN’ SIST] ETZELTINE SISTENS, (fi‘nlefl‘.'u\'uusch. NICK LAWKENCE, aud & Liost of ot s Prices of Admisston—~75, 30. and 23 cla. e B | MOCKING-BIRD FOOD, Gold Fish, aud Aqustia, who's- anle and retall ot bile Bird btore, 137 CLARK-ST. MMER RESOUTH, o PIGEON COVE HOUSE, YiEeop e RS S STl BIRDS it Cukal, Sz, E. 50 BUBINSON & CO, BEAUTY; OR, THE e e SecretolzFair Face. An Ftem of Interest to Xvery Lindy who D pore and clear complestu sires to he Moro Reautiful than she now fs, Cafortunately net one woman tn & hnndred, snbe ted 10 the wh #0f i Amerlean climatn posscrse Atariing poiot of zeal beauty—s Wiat naturs has thus denled, art must ba ealled upon 10 farnih. It can be done; it fa done daily, Taf. W. B, egan pia lexsed da ced beauty within the rench of every un. ughter of Ere when e discovered that | surprising srticle known in fashionablo cirves 14 the fue socret of beauty, and called AGNOLIA ‘The Muo: & pureand It conoca BALM notte TIALW 14 & nura device for creating biooming complexion, s all natural blemishes in the most sure ‘prisiog and efective mponer. It removes all roughnes Blotches, frockles, and tan wit It drives citement. It makes It gives makes the neck, face, thons, reds agicnt pawer, away all evidences of fatigue ani exe the planest face beautiful. the wmpl.’fl'd a dln.l#.glnfiy l:!I. rotund, and plump. It makes & matron of 33 ar 40 look not more than 20 yenrn old, and changes the Tustic maiden foto s cultivated cily belle. The Mognolia Balm removes all blrmither and oone etals ewery dramback fo beauly: and, while it (s as Aarmless s water, ¢ {* v life-icke in sts efects thad the closest obsarver canmt fect its wse, Ladies who want to raake themselves attractive can make Hagan's Maowotia Barx, and we way. It is the chespest abeolute certainty of it by nsin e 'knaw ulom.! ration in the wor! all things eoualdered, snd mup be hed at aoy dnu.’ L ‘TOBACCY, OTICE CONSUMERS T0 bR All deal, beating » jaie 1o ating *wecond to nonc™ In mildness, aroma, purity, quallsy A BRCED Tazes p Tin Tag8moking Tob's rates, on itie market, agalost purchnatng such Imitations. Oyer 7408 tons tohacen rold tn celebrity of onr TIN TAG TOBACS 1ecd mauy finiteslons thereof to be placed We therefors castion all Cliowers lers buying or selltog other h‘llg tobsceo hard or me 0 lshel render themselves L el e ied ahie” by e 3 DFCONGRAN ufne LORILTLARD TIN TAG TO can be disitngutshed hra TINPAG o 0 Law, an are prinie ALY each luinp with the word LO1LLARD stampo: pereon. 1877, and near- Lersons vmployed In factord ald Gov'ni't 1o I8 T7 atoui SS0m000, and AR just §2 years uver £i24, (0 Thess goods sold by all Jubbers st munufacturer'a “ED MORGAN PARK Ml & A first-class Preparstory Beh attractive. Educatiunal factiities unsur, bewing Seyt. b, 147, Morgan 1'ark, MICHIG K ‘sim thor feotin to whateeer t. ED. N. KR TALCOT: LITARY ACADEMY. T, | Amsoclate M., { Princivals. Locstlon . “Resdun o send for cate B WRIGHT, 00! far By, ull fufor ok L AN FEMALE SEMINARY, alamazoo, Michigan. ON MT. HOLYOKE PPLAN. A Schoolfur the bigher sducation af, Youne Ladler, iuh comblned with caretul ste wugls (Datr o complet acvelopment. J ONION COLLEGE OF LA, Cutlegiats y Tultloa, $30 ber Year fn advance. Fur catalngus, o address 1. MISH JO. Heretafore i wna ia Lislightful 1 tion.” For e CHICAGO, ILL. ear, 38 weeke Iexins Bept. 11, 1878, % Dearborn o Chicago, 18, NEW SCHO0L. AT BORDULAG, DCONOMOW ¢ A Dosrds R 4 Chlldren, aflon, home care, snd thoruugh lostruce atalogues addresn i Giac P, JONES, Principal, COLLEGIATE AND COMMERCIAL IE{STITUTE, General Itumell’s School, New Ha clentl Thuruugh pbysical Basticn, de. Maplewood Institute} ";:.:2'.’;’:‘.2,:.::’;21!,: Rnown (hi 1veativn aud oFEAN sud Full tnforu roughout the Weat for [1s grest D3 superior Instruction. Address C. V. . ECAVERY, the Princlpale, for prospectus o ERSKILL (N. ¥.) MILITARY ACADEMY. BEND l,slurlll L ‘"atn’ ) 'IL" strate: rcular for 1878 FINANCIAL. VERMILYE & CO., BANEKERS, 16 and DEALERS IN G 18 Nassau-st, New York, LD AND U. 8. BONDS. Buy and sell on Commission for Oash or on Margin, all securities dealt in change. Intere at the New York Stook Ex. st allowed on deposits, sub- joot todraft at sight. Heafing s W FIRNT CEN PREMIUM Boynton's Furnaces ¥or Mard or Noft Coal or Wood, T8 Niyles and Nizes, 30,000 IN USE. RICHARDSON, BOYNTOM & C0,, 84 Lal 21w, MANUFAUTURERS, ke St., Chicago, Ills, FAIRBANKS. MORSE & 00. 11& 113 Luke'S Bucaseliultobuy unly e Gruvisa.