Chicago Daily Tribune Newspaper, January 8, 1879, Page 7

THE CHICAGO TRIBUNE: WEDNESDAY., JANUARY &, 1870—TWELVI PAGES. T “HAWAIL TR COURTH was contended. by the city that, even though the Tond was vokt, tho suretics ‘must be hold ble on the groundsof estoppel. ‘The principle 4 that, when one of two fnnocent parties suffer fn consequento of tho traudulent act of a third, that oue of the former must bear the loss, who by his megliganco had enabled the third um{ to commit the Iraud, and that the surcties by signing the blank ns thoy did, and permitting Gage to have rnncultm of it with thelr siznatures, enabled hiin o fil ¢ up and thus practice a fraud on the city h{(hclrnofllh:once. That Gagae dkl_pre- sont the band to the Common Councll, and the citv, without any notice of any antecedent fn- firmitles In 18 ‘exeention, scéeptod It, by rea- 200 of which tuo surcties were cstopped from ploadine that the bond waa vold. Tle question wau, therafore, ralsed as to whether tha city, at or beforo the time_of the scceptance of the bond, had notiec of tho facts connected with tho executlon of the bond. The city charter provided that all ofticial bonds should Ue filed with the City Clerk within tifteen days after the cleatlon of the parly giving the boud, and if the bond was not given n such time, the person so in default should be deemed to bave refuscd such offlee, and it should be filled by ap- pointment. The City Clerk, thercfore,” was made the only agent of the city to receive and hold all officlal bonds, and a delirery to him was adelivery to the ety He must then boan ngzens of the city to recelve notices of any fact affcctlog such bonds. Gago's bond was deliv- eredto Gen. Hotcklss tho 27th of November, seven days after tha canvass of the votes, signed in blank, end It #o romafncd until Dec. 11, five dsys after the expiration of the fiftecn days. Ha therefore knew that the bond was vold,” it being a mere blank, Notles of tha condition of the bond was also brought to the attcotion of Mr. Holden, presiding officer of the Commoo uncll, and to that of Mr. Clyde, Assistant Corporation Counsel, It was nat neceasary that notice should be brought to the Corporation Counsel, notice to the City Clerk waa suflicleut. But, more than that, thie condition of thic bond was such to put the Common Coundil on Inquiry. It must, therefore, be beld that the city took the bond with notlce, for what It might hiave learned by reasonable i uiry it must be held as knowing. ‘The simple daté of the bund, under the m‘:l start or maintain a sugar treacherously concealed thém, - Trace being gotten of the whereabouts of these murderers, the military authoritica demanded the sarrender of them that they might be tarned over Lo the clvil authority and tricd as common -murderers. (ien. Howard anidl escort went to the camp of the Umatillas and asked a councll, which they granted. and In which be Informed them that he had coma for the murderers that were concealed among tbem. At first tHey peremntorily re- fused, but when two of thele Chiefs and one of thelr men wera seized as hostsges and earrled to confinement in Fort Walla Walla, tucy in s few days consented to give up the crimi- nols, saying, ‘‘.4e hyas tum-nm™ (mo very heart); but is I£ e01 These eriminaly, tour fo number, wore tried hy the civil law, and three wers found zuilty and sentenced to be hnn;lszv‘mllo the other was acquitted by proving an Al 3 A The executfons are to take place—two on the 10th mod one on the 17th of January. Ssrious threats and uomistakable signs are given that these Indfana shall not die, and thelr comendes are preparing to swoop down onh tho whites at thoday of executlon, and avenge their imag inary wronga and liberate the eriminals. ‘Toavoud the carrying out of this plan the Bherift of Umatflla County has Issucd a call for 200 whits men, well-armed, to be present at the time of execution, The murderers sheltered b Mosas—whoss reservation fs on the noril side of the Columbla, ln Waahington, while the Umat{llas are on the south In Orcgon—have ‘been more fortunate. Negotintions for the de- livery of thesc men have been golng on for at Teast thres months, and nothing accompilshed. Moses continually declarcs that he ts willing to give up the mon, but when tho time comcs for thelr delivery he aiways pleads some technl- callty in tho greement which ensbics him to hold tho men. Only a few dsya ago the Bheriff of Yakima County went to Moscs with sevouty- five whites ond fifteen Indians 88 a gusrd to de- mand the delivery of thess murderers. When Moses saw the Slierilf and possc coming he et them with his whole force In srms and paint making warlike demonstrations. Owing to the ereat pumber of Indians the whites were com- pelled to retreat and aak ald of the military. trustees, While many references inthe will indicated a gencrsl cherltable {ntention on the part of the testator, and & supponition that the tpustees wonid probanty foind & charitsble fnstitution, yet they did not contain theex- vression of an aflirmative wish, direction, or de- sire that such should be the result. After con- aldering them and giving proner weight to the language of the entire will, it must bhoheld that the testator gave expression to & clear and tanifest intentlon to_vest his trustees with 8 discretion ta devote the rostduary find to found- Ing nn_ {institntton, efther charitable or non- clinritable, secording to which might do ' the most Eml(tlve and enduring good and the least harm.” Any attempt to narrow or abridegs the discretion thus clearly and with manifest pur- poso given to the trustesa would only be sub- stituting the will of the Court for tlie wil of tho teatator, The bequest must stand or fail, A8 the testator had seen fit to make it. Selulously as the law strove to uphnld, whercver it ‘could, teatamentary dispositions of property, aml cspecially boquests to charita- blo uses, such retult could not _be attained con- trary to the clearly-expressed Intention of the testator. Insuch eass his intention must pre- vall even thongh a faflure of the bequeet might be the consequence. ‘Tne rules of coustruction could not bs strained to bring s devisa within the rules of law, Nor was the doctrino of E‘ pres apolicabls, for that only operated when the fund was once deflnitely devoted to charity, and no mode for Its application was prescrihed, or the mode failod which was sclected by the tostator. Then the courts, under the cy pres power, would subatituts some other mode of donating the property to charitahlo purposes to prevent a fallure of the charity. Tho residuary boqueat, therefore, at least as far e tho ‘Trustees wera concorned, was vold for un- certalnty. The noxt question was whother, on falure of the trust in the Trustees, the fund should go to the Home for the Friendless or to the heir at faw. But the conditlon on which the estato went to the lfome was not a mere failure of the former trust, but deponded on 'the dlscretlon or cholve of the Truatees as to whether 1t should 20 to 8 charitable or non-charitable Institution. The Home did not occupy the position of & tesiduary legatee, but was only named by way of additfon to the ranze of charitable institu- plantation required alarge outlay of mouey for machinery, irtigation, and labor, a8 well aa implementa, 'and a thou- sand other tncidentalr, long before a dollar could be returned. They had not tho money todo this, and could not get it froin abroad. num- ber of plantations had been starred in tha most favorable places even years ago, but their strug- gle for existence waa & desperate one. Many of them brought their promoters to bankruptcy, and were flnally abandoned, while others main- tained a precarfous existance, constantly threat- ening the same results. The reciprocity treatv, which admitted Hawallan auzar {nto the Btates free of duty, CHANGED ALL TRIS, Capital, without which the sugar interests thers mnat ever be a [allure, could now be obtatned in sufficient amounta to fnsore success whero faflure before was fnevitable, Then the 8716,- 782 of dutics which the Becretary says we have surrendeted on Hawallan sugara sioce the {reaty have not been surrendered at all, since but for the treaty there would have been no sugar there to import and collect duty from. But for the treaty the imports of sugar from the fsland would have been Inaignificant. and very Jittle revenue could have been derived from that source. It may Le lml{ sald that the treaty has created that ‘suzar the loss of the daty on which the Becretary g0 much laments. Yes, you may truly say that, without the treaty, the revenuc derived from Hawailan sugar would never havo been,and all this Increased demand for our products—our manufactures and our shio- ping and sbipbullding—would never have been created. Al this is duc to the influance of tho reciprocity treaty, True, this sugar came in competition with’other and duty-paying sugar, and to a certain extent han reduced the rovenue on sugar; but wa may safely assume that the tion to prevent the defendant from using the teade-mark of the word “Parabola' to denote 2 particular brand of sewing needier, or elso re- quiring him to filo & bond in the sum of $5,000 to pay all damsges srisiog from the use of such trado-mark. S0 Zateh of Appellate Courl Decisions. Effact of the Raciprocity Treaty with the Islands. . IZEMS. Judge Drummond left for Indianapolis 1ast night on his circulr, Lo beabsent s week or ten days. Judge Farwoll this alternoon s: 3 o'clock will render an opinion in the case of the petition of Recelver Ward to assess the stockliolders of the Republic Life-Insurance Company., A final dividend of 3 per cent was decinred yesterday in the case of Willlam J. Hanns, This makes 14 per cent pald in all. ‘Tho ereditors of N. 8. Bouton held & meeting to rocelve a dividend, but were relieved of the trouble, as it was discovered that all the assets were only sufficlent to_pay the preferred debts, consisting of taxcs, Ths unsccured creditors will therelore et nothing. The same cheerfal conditfon of affatrs was discovered in the estate of Nelson L. 8tow, and the city took the few dollars which have been Imucnml out of the estate. D. A.Gago and His Bondsmen Coma Ont Alead---Ths Bond Doclared Invalid, Judgoe Oaton Does Not Agree with Becrotary Bherman, And Points Out Wherein the Treaty Is an Excellent Thiog for This Country, Mr. Taylor’s Charitable Bequest Set Aside---The Helr in Luck. Areporter of Taz TRIBunE yesterday called upon Judge Caton at his houee, No, 2 Cslumet avenuo, for the purpose of lesrning his views regarding the cffect of the reciprocity treaty between the United Btates and the Bandwich 1sande. The Bocretary of the Troasury, in hls recent report, called the attentlon of Congress 1o Its operatlons, and gave some fgurcs which shiowed & difforcnce of 815,801 between duties remitted (881,208, of which $716,733 waain sugars) by tho United States In 1877, and the yalus of excess of Imports In 1877 over 1870 (the yearboforathetreaty weuot intooperation),recom- mending that thead valorem duties ssscssed on some articles bo converted into specifie dutics. The reporter’s desira was to seo how far the opiolons of Judge Caton, who had vh‘l:ed the 9 wurs bt we may safely aeme, that Lho er, | free adm l::;n:;.;;flfl:;l:;::o:‘ ;‘:: ':;':r:::;?e: “::r.v“b: ed ita consumntion, and has unnbh;fu t{lnnllndl f poor familica to have ft on their tables who {uch, cotucided with those of the Becretary of | 51 PYL Rl rectprocity treaty must have donio e Treasury. 3 that without it. I must tl ;,lnlkl-v‘.' (gflulr for ;‘hu Bald the reporter, **1 believe, Judie, that you | fecrcliry to mssuine thal money has been ncivally lost to the Guvernment, entlrely ;f";‘:,‘,.',‘??“ tima st yort 1 tha Banankly omitting 211 benefits resulting from its free im- tation. “Yes, I spent the last winter there. My visit pog ,",' may bo truly said that this treaty has al- was not of & business character, but one of ready created a larze amount of wealth, whbich pleasure and recreation,—to observe the con- The Trustees: Under the Will Will Have No Ohanos to Found an Insti- tution, Dr. Akin Dorives No Satisfaction from His Appesal. UNITED STATES COURTS. J. H. Wade began a anit yesterday againat the ‘Town of Hahnumann to recover $4,500. The United Btates commenced & suit the Peoria, Pekin & Jaekmnvm:u R:lli'::l;::l: claiming $10,000. Parabola Needles---Records of Judg- ments, New Sults, Eto. —— CIRCUIT COURT. Peter Fish sued Henry B. Austin, Adminte- trator of the estato of Henry L, Hall, tore- cover $1,000. ; ‘The Connectlent Mutual Life-Insurance Com- pany filed & bill against Benjamin V. Page, Wi- 1liam Bpramie ot al,, to foreclose six mortgages for $6,000 cach on part of Block 42 in Kinzie's Addition, being aix lots on the northwest corner n{ Er:n snd Bt. Clalr strests, fronting on Erle atree! Henry I, Young flled & bill agalost Joseph THE APPELLATE COURT, Tho Appeliate Court met yesterday afternoon and delivered oplnlons {n the following cases: 40, Laka Bhore & MichiganSonthern Rallroad va, Sunderland, administrator. Reversed. An ac- tion for damages reaulting in the death of a young indy. 1eld by Jndge Plearants that the deccased was gnilty of such nogligence aa debarred 8 re covery. 104, Qruesing vs, Bhaonon, Actlon to recover damnges for uniawfolly breaking into a houso and llnrlmi"dm‘m Teyorscd and remanded. 1eld Ly Jndge Pleasants that the evidence was not aufii- c(;nl to support the verdict againat the defendants. 65, Atk Rauch, Mrmod but for it wonld have lain dormant in the earth: 5, i Willetts and William Plnkerton, to foreclose » it has created new demands for our products fn | When Mosca learned of this be suddenly pot & 105. Clapp vs, Wagner. Aflrmed. This wan a | Which tha Comnmon Council must be presume: llflflfllffl’m which the ‘Trustees were ampowered ditlon, hablts, and Industries of the people, e 2 t. Precl mortgnge for §4.000 on the W.g( of the E. 40 1) J ter t needcd, bas afforded profit- | good tuw-tum, but deciared * loston man LS :'.'i.flfix.'."m mn’:m‘;?eé:g%fifl‘ e Toont | o Xuiow, wos. enoughs €, have, pUl 8 OEIHler :flé:rf:lnkyprnmw ctlh:h?{?:::ml‘;“w:'!:::n’«l:z‘( foot ‘of tho N: 3¢ of Lot 7 of Paga & Wood's | tholr poliiical status and advancement fun elvll- | § A avestmen % o person on {nguiry. * But oven 1 notlce to the Curporation Counsol was nccestary, notice to his sssistant was tho same as f ziven tothe Corporation Counsel limself. Tho twelfth in- struction for tha defendauts, therefore, which Iaid down this rule, should have been given to the jury, and was improporly refusod, !.nsv:g'. ag-to the offect of Gage's failure to fils his officlal bond In fiftcen dsss, the city au- thoritics claimed that such statute was merely dfrectory. That s failureto fle in that time sble investments for our money, and bas had a stimulating influence upon mahy ‘branches of business in this country. 1t seems to me that trus statesmanship in this country conslsts in creating demands wbroad for our products. KEvery jack-knife or pair of scissors which is sold abroad to & new customer {8 worth more than flve timos the valus of the article, by the door which it opens to the ex- tenston of onr trade. We are now as a nation beyond the chrysalis state, We have burat the tum-tum no good,’ and that ho did not want any blood shed on his fllable (land), and that 1hs white men did not como to him aa they suld they would. ree hundred soldlers were started on last Babbath to but why and with what orders y known., Yet the ostensible purpose Is to gatn mosseasion of these criminals, Whiie 1t {s rather seyerc.on the soldlery to make farced narches {n midwinter, and camp out on the snow, which {8 now thres by Judge Pleassnts thata roturn of personal serv- fce appearing on the record could not be contra- dicted by the Introduction of evidence, 05. City va. Uennett., Afirmed, This was & suit originally in & Justico's Conrt, and fnvolved, among other'questions, the power of a Justtze to render (’“dgmm“ulln“ 8 mflnlclfll corporation under fhe laws of this State. llold by Judgo Tafloy that It was not necessacy to discnss this point, that the judgmaont was supported by the sccona coont, whether it was by the first count or Sutidivision of Block 84, In the Cannl Trustees® Bubdivision of Bec. 7, 80, 14 Edward T, Bteel & Co, began a suit for £8,000 against Louls Morris and Charles Goldschmidt, Bimpson, lall, Miller & Co, began a sult for sttachment sgainst Bolomon M. Wyman, to re- cover $1,600. fzation."” “Did you make any observations upon the effect of our reciprocity treaty with the Hawailan Gavernmentl Allow me to call your attention to & paragraph {n the last report of the Becre- tary of the Treasury relatiug to the workiogs of that treaty, as follows: +4 t1n this connection the attention of Congrass the Trustee extended to and vitiated those pro- visions of the will relating to the Home of the Friendless. By the terms of the will, the Trustees might devote tho fand to that partica. lar charity, but they were not bound so to ap- }11;{‘1 it, nor could the couris cocrce thew so 0 do. The only remafning guestion then wasas to tho disposition of the $50,000 given to the son in case of his death without lssue, The provis- —— THE CALL. Jupex Brovexrr—~140 to 177. No, 145, Citl- fo'and_ It did ot appear bat that the Judgment 1 (bat 1t sliould go * to tho charitable iu- | zens' Insarance Co, va. Pottls, on trlal s catled to tho operations of the Feclroclty oAty | bnaiiand are spreading ourselyes out into th | inches docp, yet, at this season of tho year, In- nof 0 h jon was thal sliot [0 ho arl e in- ns' Insnrance Co, va. Poltle, on trial. etween W and he Unite e, concln shel N ey Yk recquared uniee éf;?’-efiocngmnn o Eaee L e A uad boon aceens. | eiltutions orelnalter mentloned, or 10 such | *Tur Arrruuate Covnr—110, Falch va, Guild; | Jan 80, 1675, The salue of goods slipped from | commercial world, and [ do nat (hick & wac o dians fight, oder great disadvantages. Thielr other charitable institution as my exccutors ehall destenate,” ‘Then the will manifestly de- voted that fand to charity and nothing else. A charitable inatitution—tho Homa for the Fricod. loss—wus named in the will, and_tho exccators 1 tho event named could give the fund to that charity or aclect auother, If ths bequeat was for charity, It mattered not how uncertain the persons or tha objects might be, or whether the persons who were to take were in csso or bor, or whether the legates were a corporation capable of taking, tho Court would still sustain the legacy and give it ¢fect. The disposition of the Reversed and re- over for paving premises, et by the Common Councll, it was & walver on the part of the city to appoint a Tressurer, and Gage, therefore, held the oflice legally. The bond provided that Gago should *hold sald of- fice for n period of two years and until his suc- cessor shall bo duly elected and qualificd, or until said office shall be otherwiso legally va- catod,” By thevery termsof tho undertaking, if - the ofiica became vacant ~the lia- bllity of the surotles ccased, and to hold otherwisa would bo to eularge the llability of the surctics boyond tho plain terms of the covenant, ‘Tho law was plain, the custom is to make war only when the weathor Is ‘fl!lllll! and grass abundant. Thelr stock and camp equipage are always carried along in chargeof tho squaws, who bave from one to three ponles for each of their bucks, hosides the one he rides fu battle, When an engagement takes place the squaws drive the stock to some roncealed place far fn the rear of tho Indlans, where they are corraled til] the battle Is cnded. When the Indians are soccessful they plunder the eamps and mutilate the bodies of thu whites, us Is well known to all, When they aro manded. This was a suil to Cornell siréet in front of appel The Gtm which engazed to do thy *zor& was Tteilly & Co. hnlor.l*! Rellly began the enit. Tleld, that the fallare of Rellly to foin bis partner as'‘com- lafnant, tha contract being with the firm, was atal, Also, that tho evidence tonding to abow appellant’s promise to pay for tho work waa not sufMicient to sapport the verdict, > 112, Btoroy v, Agnew. lovorsed. Thiswass enit by replovin to recuvor & number of show- frames purchased by appellant from Terhune, and subsequently deized on an execution in favor of one Sendlinger, Held, that the evidence wam not 121, Tiliuols Land & Losn Co. vs. Beem; 122, Cliy ve. McGivin; 123, Hurd va, Marple Downey vs. 0'Donnoll. No cas on trial, JUncr Ganr--28, 31 to 15, 118, 39, and 41 to 60, inclusive. No casa on telal, Jupar JAxzsox—Paseed cases, If thereare any. 1f not, will assist Judge Gary. No. 4,500, Downs ve. Monro, on trial, + Jupas Moorz—2, 6, 7. 10. XNo. G, Batchen va. McCord, an trial. Junes Rooxme—350 and 356 to 370, incluaiva, o caso on trial, Jupaa Bootu—1483 to 304, lncluslve. No cate on trial, choke up any channel which stfords us an out- let. Tgeu, Iike tho percolating channels throngh the ocarth, will constantiy enlarze by use.’ From what you have sald, I presume that a Jarge part of the money which has created this sugar Interest in the dslands fe from the United States!” [ . * Yes: nearly all of it. [o fact, MOST OF THHX SUGAR PLANTATIONS DELONG TO OUR COUNTRYMEX, or the descendants of Aincricans born there, For thio year onded Dec. 31, 1875 (hs year befare the treaty went fnto oper- ation), Wak... . v, v oeiseB D4T,200 And for 'the year ended Dec, 01, 1877.. 1,702,805 Excess In 1877 over 1870, 00 0vure. 8 B10, 543 The duties snrrendered by virtue of the treaty on goods imported into the United Btates for the year ended Dec, 31, 1877, WrC.ers vos eriiB 831,200 Difference between dutles remitted by the Unlted States In 1577 and value of oxcess of impotts in 1877 850,000 1 f tho deathof th it S 5,001 | and these our eapital dnds urofiable Invest | Lot o et Innccconinla Biace fMiclent to suj t the finding of the Court below Wi n- A n case of the death'of the son without 2 that Y y ment, Not only is the businesas of tho country ie mounta: or must inaccessihle places 1 favor of lhn‘;g“r’fllrem 3 ours below, | flum of 408 O O T Site, on fssuo was a valid bequest to charity, and should :'lgu“: 'fil‘&’;"‘" m“d “.?bllr'.ifc?n(;_»:i‘ ’3’3&5"5?;'5: -mnm?:’ zr-u‘ur'n’t:m :he_tnun exces :;f.linpc:l': Jargely carried on by Americans, but most of | among the tinber, always keepiog thelr “stock 87, Tavlor vs. Keop, Revarsod and remanded. . Ungovr. City Roversed and remanded, 08, Gibboney ve, (lioboney. Jtuvoesad and re- manded, Ileld by Judge Murphy that the avidence did not warrant & ludiment againat oll the defend- -?udlr& the case, only one having appeared and ended. V436; Giiforares. Tacker. Roversedand ramanded, This was & judgment by confession, Two manths nfior entry the defendant -Epured. ond on hin motfon the judgment geas sct aside, and the suit dismirsed, {leld by Judge Murphy that it was ¢érror Lo yacato a Judgment on motiol only; that it might bo done on dus cansc, and the-defendant ullotwred to mnke o defense oo his merils, oron a proper ahiowing, buy not on simplo motion after 1he term had gono by. 24, 1luntoon va. Chase, Aflirmed, Thiswas o bl to set aside a sale_under chattel mortgage by Moss, Huntoon, and Rickords, of the property of the Iirlzgs Honse, Held, that thero was no evi- dence to show that there liad been any frregularity n the mannor of the sale, but, on the contrary, the morteageos had comnplied with all the tazms of the mnvlra-. and that tho sala was portectly reg- wiar and legal, T 117, Gray v, Agnew, Afirmed, THR GAGE CASE. The most Important opinjon by far of thoss anuounced yesterday waa thnt in tho case of The City of Cbleago ve. David A, Gage and his bondsmen. Tho facte, althouch tamiliar to many, may be bricly summarized as follows: (lawe was blected City Treasarer {n Novemnber, 1809, and rb:#lected In 1871, ‘At the expiration f his secoud term of oflice the balance In hls lanide, ns shown by his offcfal Looks, was $005,780.81, of which he pald over $453,077.23, leaving n deficlt of $507,700.08. To recover this sult was brought In the Clrcult Court ngalnat Gage and tho boudsmen on the second bond, and judgment wos recovered for the above smount. Au appeal was takon, and threo principal grounds of error were llezed: firat, the refusal of* Judge Rogers to allow tho defendants to show by parol cvidence that the balances on the bouks were flctitfous, and .that the defleit occrrod durlug Gage's first term; socond, that tha bond sued on was entircly and fatally defeetive and vofd; and, third, tat, Ly the fail uro to fle o good bond within the fitteen days ditlon Ercmdenl to Gage's obtaining ofice, and the public had such rights {u the performance of that conditfon as to make tho statute manda- tory and not dircctory merely. The fact that tha elty did not excrcisa {ta Fight of appolnt- ment mado no difference. 'That failuro of Gage's to file his bood relieved Lis boudsmen from all Tiability, even though tho bond was in other re- spacts perfect, The twenty-sccond instruction asked by tho defendauts in the count below, ‘which fnvolved the above principle, should haye been gven. For the above reasona the case would be reversed. TIRE TAYLOR WILL CASE. Anotherdecisionof greatinterest tothogoneral public was that In the case of, Hobart Chintfield Taylor ve. Albert Keepand others, lnvolving the yalldity of tho willof the late tenry Iobart Taylor, aud the disposition of an cstate worth $750,000, ‘Taylor dicd In November, 1875, leav- ing a widow and onc son his solo heirs, _ 1le de- wised tho fnterest on one-third his property to s wife, the principal to go ta his son after her death. If shie should survive him, the principal was to go to certaln chinritable uses, and, {f sho refused to take undor tho will, sbo wua to re- celvaat onco full control of one-third the estate. A tract of Jand was also given Lo tho son and $30,000 In casl, to Le inveated in Intereat- Bearlug socuritics, and the principal at his death to o to his children, i Lo hud sny, and if not, to certaln charitabls fastitutions, All tho rest of his estats was to bo given to saven trusteos to bo used In the founding and endowing in Chicago of such an tosiftution, charitable or otherwise, as thoy thought was most needed and would do the must positive and enauring good. If tho trustees declded not to found any new {ustitution, the property was togo to tho Homa for the Fricndless, ‘Tlie contest was over this last deviso to charl- table Institutions and over tho clause glving £50,000 to the son. Tt wascharzed thedevise was vold for indefinitences in tho benofctarics thereunder, and that tho property embraced In tho restuuary request and contingent charity bequest should go to the son. A cross-bill was flled by the Home of the Friendless to savo the ba sustained as such. . For the above reasons the decree of the Court helow would be reversed and a decrea entercd In favor of tho original complaivant. THE AIKEN CASE, The caso of Dr. Alken vs, The Stale Board of Health wan aflirmed yesterday by the Appellate Court. ‘1hls was a casc brought by Afken to prevent the Board of Iealth from rovoking his license to practice medi- cloe in thelr State, the Board clalming he hod been gullty of unprofessional conduct n advertisiug his skill and success in tho treatmont of chronlc diseases. Judee Willlams, however, dismissed the bill, and Alken appealed. Judge Pleasants held that the | case presented no Instance of property right threatened by the proposed action of the Stats Board. The only right fnvolved was ths right to practice the professian of medicino, but that was purely s personal right, of tho samo char- acter as tho right of liberty or reputation, and aninjunction would not o to protect agalnat ity fofringement, there belug adcquate logal reme- dies for the Invasion of such rights. An fa- junction only lay 1o & case where tha threatoned conduct diroctly affected soma proparty or choss 1o uction, real or personal, in possession or ex- pectancy, and which could be specifically de- scribed. The complainant’s profession was a meana of acquiring property, but It would not affcet any property which could bo described as his in posscssion or In action, vested or con- tingent, Tho Court could not know that he would ever havon patient. Furthermore, as a porsonal right It was not absolute, but stood so related to tho health and lives of tho citizon as 1o be cleurly within the police power of the State, and tha logislative dopartment might exervise thot power a3 is saw fit, and Impose such terms ae it decmed most likely to subserve the public welfure. Thero was no need to discuss tho questions as to tha constitutionality of the Btata Board. It was not cialnied to be unconstitutional because tho Legislature did not have power to pass some such act, but bocause the particnlar vrovision 970, 075, 977, 979, Jupax WiLLIAMe—Ni of 1877 over Lhose of 1875, +¢+Qf the duties thus rurrended in 1877, $710, - 732 was on sugars alone. The advan'ages inve thus fsr not beeu recicrocal, but, ms bas been sbown, have been largely in favor of Hawall, and 1t {s probable that tha benetts in favorof lawall ‘wiil fncrease lazzely, " with them it possible. This method of war- fare Is not practicablo at this scason of the year. Grass 1s tittlcult now to get at, sud the snow’is 8o deop In the mountains that fndians could pot go thers and cobcoal thelr irail, and 1f they did they would soon perish, ns weil as :Pm stock. An engagemont now will be averted by the Judiaus It possible, yei everything Indicates a well-matured plan for'a unfon of the tribs in war when the season will perullt. The disposition of tbe Indidns everywhere secms Jess friendly than Tor years, and there is a line of dlscontent, unitiog tbe Umatillas, Yakimas, Bpokanes, Coner-Delalnes, and the Cootcnaya, Black Fect, and other tribed in Brit- ish Columbin, 1ncluding Sitting Buil and his band, in a determination to make war on tho whites, Unless some preventing cansc ntere venes, there doubtiess will Le the most desper- ate and bloody strugglo betweon the whito and red man that has cver been kuown west of the Rockicr, Wenre glad to sco Congross taking hold of the Indlan question with so much vigor, yet we cannot expect ald from this direction bo- fore actlon will be necessary; thercfore, com- panies of citizens are now being organized to unite with the soldlers In the common defense, and each will go into thu ficid with the deter nination to make this tho last, the final blow to crush the war spirit of tho Indlan. the public offices sre sdminlstered by Amer- fcans. The Cabluet offices are so filled, with scarvely an exception. The Chlef-Justice and oneof tho Assoclate Justicea are from the Huates, and the other Assoctate Justica was horn thers of American parents, and I feel liku #1 ald examjue with somo care the effect of :3“}‘2’“‘",:,;’['“‘T‘{fl'::{,flh::‘gm'fi_ speak of the that treaty upon the interests and prosperity of “hlood {is thicker than water, and, say what tho lstauds, and Its reciprocal benefits to tho | you will, thess conslderstions will, and ought o e ering. (his (hhcstion.. Tt ford hba when ennsidel O] T think the {nference to be drawn from ehis [ R SRUNCCIT, oubitd by the American mis. Statemont Is nol 8 Juet onw. slon, and for tore that sixty vears it bas been THE PECUNIARY ADVANTAGR an object of sollcitudo to those who take an resulting from the treaty may be greater to the | Iuterest In forclgn missions, and vast Islands than to the Ulitted Ktates, and stil) it | PUINA of money have been thus expended n this = icld, ond so strong lignments have been may bo very great to the latter. We can never | giretched between the two cuuntrics, which are expect the advantages resulting from any treaty | muitiplied and etrepgthened every yearand mors to the partles making it wiil be coually equal. | so by this reciprocity treaty than by ouy other Itittson the whols advantageous to us, we | WS Thewtm;g: n:lugi.l.ydnn‘d :h:dw ll‘dnllxl- ought notto regret if 1t is sthl more advanta-* fi"’m “‘:Lfl'gp'::w'““:fm{ o Wil A thent Reous'to them., more far-reaching throughout tho land than ho “J will not say that the statemcuts made fn | now supposcs. There is a brotherhiood betwoon the report are disingenuous, and designed to Ilb“lllml: Wm“‘;‘;tfih‘%“&mm‘ P;g;‘o‘fi?l‘u“ld}onl creato an unjust projudice agsinst the treaty, | ¥ uot s =r i for this I cannot. bolleve, although it is under- ;l‘,‘fi,'::':;\:.‘:’,'&hy:: izgetiod by thistwubiect. atood that the Becretary was always opposed to | whoss Lusiness it Is to discuss political toples, the treaty, Although heshows that our exports | only remarking that it should be approached in to the Isidnds have only about doubled during | & -broader i than usually ateends our do- i mestic political squabbles.” Pho: <HOfS. Hilno. ) sliica; tha Sifcaty, wint » mt’“:u rm.n.:lll for a moment to this surar Into offect, largs pecunlury benefls | auestion. There 18 ope poiut which T have to us bave résultud boyoud the export of | omitted and on wlhich fdesire your views. It wmerchandlse. For instance, four steamers have | has h?}:‘;:,‘:g :';‘l:fl““! P been bullt, equipped, and furnished in the i especially bostile to this treaty Lecause United States'for the lslands sfuco tha tresty | e .n‘;»epmuyll. allcots thelr Intorast, 1ow ts weunt into effect, and fifteon safling vorscls hiavo | kst been bullt for o sold to them during the same #¢1 think this must be & pure sssumption, I time, and this brauch of business fs rapidly fo- | atm personally Sy P 'Ll’th";g:g‘ym;n;;; cressing, All this has been rendered possible | PIAT! “rule, th ‘sngac by the atimulus given to the' industries of tho :::J'zfl&f{c];\,: u-{ l.’.'ylu;', a :“p-;lu of (‘I:I"III. Islands by the cffocts of tho treaty, even in 60 | prehendi much more combplicatod question short a tine,—what, then, may be expocted in | than this is. This Hawatian suger can never fn the futurel The firet benoficlal effects must | any possible way come: in competition with, hava beco Jooked for thero, for, till industris | Loutstana sugar. ‘There Is more sugarland in woro revived or created there, no demand vould | the Teche Valley n Loulslana alone than in all bu expected for aupplics fiom us, aud this is [ tho Hawallan Islands, and there uever can bo necessarlly a work of tine. A sugar or a coffec | sumar enough crown in all the islands of tho slantation, a banans or an orange grove, cabbot | Pacitic to supply the demands of the Pacilic, 080, snd 02, 473, 409, 608, 171, 276, JUDGMENTS. Umrzp 87aTza Cincuit Count —Junem Brop- axrr—C, C, Cattice va, Albert D, Loomis, $3,050, Surzrion Counr—Coxrxssions—J. J. Mitchell vs. Danlel B. Fairman, §1,501, 25, —8ama va, Lu- clnda L. and Daolel B, Falrman, §2,180,—Henry Barconschean ve, Magdalena Wisdllu, §210. —Whil- 1am Grote et al. va. Androw Knobel, $307,40.— Henry Prics et al, ys. John B, Sccomb, 8130, —N. B, Judah ve. Ella V. and Frank H, Itoss, 81,000, Jupas Jauzson—Canton Drake vs. Mary Lar- racey,-execatrixt verdict, 8100, Critouty Counr—Jupug lNooxma—G. M. me Derlain ve, John Angus, $23.—Albert Grundl 3 Aloxander McLean: verdict, $77.07.—enry Cot- ‘with va. James A, Petitt, $11! Junox Boorfi—John Adams ve. Petor Wobor and M, B, McDonongh: verdict, $150.—Willian Roh- inson’'ve. Matnal Life-Inenrance Company, $53.41. NEW ORLEANS. Gen. JacksonYellow Fover—The Teller Committes Interviowing the Outrage Wit- nesses. - Rpectal Dispateh to, The ‘Tribune, New Onurans, Jan. 7.—Téyorrow, the Bih of January, will ba celobrated as the sixty-third anulversary of ‘the Battle of New Orleans, It must be remembered that Gen.'Jackscn was the originator of the cotton press, and therefore the cotton press of the prestent day will turn out in force, as {s mect and .proper. With them will be tho military, both State and National, and also many civic societies. Tho excurslonlats en route to Maxico are en- Joylog thcmsclyes, aud the Now Orirans mer- chaunts havo lost e of thelr world-wide rapu- tion for takiog strangers in sod carlng for them, : Dr, Oxsom, 8 physiclan of lovg stavding in thia city, and President of the Board of ifealth from 1834 to 1838, inclusive, ave u very full, clear, and tuatructlye history of the discasa for aver thirty years, apnd sald that, up to 1864, hu belleved It was indigenous, but, siuce then, he frmly bolleved it 1s importable, 1lo has served AMUSEMENTS. HOOLEY'S THEATRE, UKNOUNDED SUCCESS OF ¥ EMMA ABBOTT, AND THE ’ Ifess English Opera Company. TII18 WEDNESDAY, ONLY . ™. Chimes of Normandy Matjiee, i Moatagyc, et EEEin Moo Sl Tomer TO-NIGHT only parformance of mm':' 3 BOET Emma Abbott. Mrs. Begnin, M arner ma Abbott. Mra. Segnin. Mewars, ‘Tarner, ‘ReEuin, snd Watren -nmmi oty Cat; ¢ Thursday Kvening—CHINMER OF NO) znrm d n[§$ Iy Ad: Friday evenloi, llenedt of Knina o Hatuniay Matuee, Abbott Mattucoss! Saturday kvanine=CHIMER OF DI §1 toandFl. 4 d 0 created and made productive in e day, and it | Ti; Indian and the Atiantic oceaus | | Drices=—lteserred qoats, f prescribed, tho offico of Treagurer bocamo ¥a- | contingont rights, and to declaro thio other chir- | Was bad which cxempled practiioners of ten "’e“.lfi‘v“",:;‘ h{:‘.’“fi'“', "'l"g;'z:'::m'fi'l‘;u and 242 | s truiv astonialing thiat so much us bas done [ ais horaered by the Erost ~sumwproductng | "3, Gallery, se. dauices Bl cant, and by tho terms of the bond tha surcties | yigh1e bequests vold. This made a trlangular years’ standing from its operation. Xf that pro- | g(rict no-intorcoursa with every infected port, | 1180 shorta tinic. countries, while' they are very limited in the | BILLO! £ were discharged. conieat, and the u"° ocettpled soveral days in vislon cnmnrisc:‘lithe qhnlis act, then therc was Naw Onrmans, Jan, 7.—The Yellow- over THR D:l‘lufl) n}u OUR MERCHANDISE Pacitle. Admit suear {rlum ‘the West India | — — llAVElil:Y’B TIRATRE "The opinion In the caso was written by Chlof- | $omr Judgo Willioms ontored 8 docrea I Tavor | Ecgurton by Jegilotive. Jody, and 'no | Gomuntesion_examined’ Col. D.. B Robineon, | has actually duspied tu the frat Lub, vears, BF | Tularite 06 L0e Spanish maiy free of duty, and LY'S THEATRE. the treaty, while f other respects tho advun- | you would touch the Loulsfana jroducer in a tages to us have Incronsed more than tenfolil. | vitul vlaco; but he can nover bu resched from Indeed the wrowtn of this busivess under | the facitic Coast, do what you will thara, This lealthy stimulants scoms as marvelous sy the | fs so wanifest that 1 bardly deem It worthn growth of vezetation under s vropleal sun snd | momant's thought," 1n a rich soll, Could the Becretary, divested of *ell, dudge, it {s manifest irom what you all prejudice azainst the treaty, sce witlihis own | hnvo said that I have struck you upon a subject cyes the results of its Influence, his hostility to | which you have previou usidered with some 1t would be ailayed, and be would become fta | stiention, and that in fact you ure favorable to warmest advocate, 48 1s gometimes well to go | the contnuanze of the reciprocity treaty with out of doors and see practical operations which | Hawail{" produce and smmue resnlts, rather than ponder “Yed, I have reflected on the subject, uo forever over dry figures behind the desk. Thus | doult, but not fn the lizht of pecuniary inter- alone cun he eatimate their trio value, and thus | est, tor 1 uever hod and never expect to have alone can ho go boyond the flzures which bap- | one cent's preunlary fnterest In thuse iulunds, pen to be lald before him. Thus may he estl- | or fn trade witn them; nor hava 1 a relative on mata the promise of the future, Instead of cou- | carth, so far as [ know,'who has such Intcreat, atantly pourlering over a mofety of tho pust,” My only Intereat 18 as a citizen of the Unfted WIEN YOU DO NOT AGKKE WITH TUE BECHE- | Siates, and In that izt _only have T vousiderid TARY the question. 1 weat, Taaw, [ ezawined, and when ho_says that the henefits of tho treaty | was conquered.” Jdustice Murphy, and he spent a largo smount of time and Jabor over it, the casa having been wrgued fa the Appeliate Court Uct, 24, 1873, and held under adviscment untll the prosont time., After siating the facts lu the case, Judge Murphy sald tuat, as to tho first polnt ratscd, thut the officinl balauces woro lictitious, it wos to bo observed that the Charter of the clty tmposed the obligation on Gage to make s monthly sworn statement or accotnt shiowing the balance in the Treasury, and enacted that any Treasurer making a falso report shonld bo gullty of willful and corrupt perjury, Yet, In tho face of that, the defond- onts had offercd to put Gage on the ataud to Impeach the manthly reports msde by him, and thoy were not truo fu fact, A man capabls of Buperintendent of thu Mobl! Now Orlcans Tailrond, n relation to tho losses of that road Ly the quaranting and epidemic. He estimates tho Joss trom $B00,000 to $300,000, SUPRENE COURT OF ILLINOIS. #pecial Dispatch to Tha Tribune. Braivornizup, 1, Jan. 7-Thoe Bupremo Court couveucd to-day, all present except Jus- tico Dickey. Proccedings were had as foilow, James A. Locke et pl. llu{ Jano R, Cal wollj apocal from Ureeno; motlon for dimin; tlon of record aud lcave to file smended record granted, ‘T'ho People ex, rel,, ete,, v, Supervisor and Towu Clerk of Bartlett ‘Township; appeal from DeWitt; motion for rulo on Bupcrvisor and Clerk to show cause why they sbould not bo atlached for contempt, dw ) HER MAJESTY'S OPERA 0, Commencing Monday, Jan. 13, 1879, Tosugural m.ln(m o, martiapers GATH Mudame Ftal (el of thé will, dismissing both LiNl aud eross-bill, Judge Bailey detivered the opiniou of the Ap- pellate Coust. e sald that it wasa well-sol- tled prineiple of law that courts uf equity car- red trusta foto execution only whea thoy were certainand definito in thetr charactor. If & trust was sovague and indeflnlto that courts of equi- ty could uot clearly ascertain cither the objects or persons, such trust would bLe held to fall. Trusts for charitable purposcs, however, aro excoptfons, and were upheld, slthough express- ed with great generality and vaguencss, The exception, howover, wasstrictly in favor of char- ittes, nnd tho language employed must require that the fund bo expended for somo charity de- cording to the lewal signification ot tho word, tho practieo of medicine in the Biate, and the threat of tho Board to revoko tho liconso was us fmpitdent as would bo the threat of the Buard of Trade. Agalnstsucha threat acoort of chan- cery would not {nterposo by injunction, 1f{L was not unconstitutional, the only question was onoof construction, sud by its provistons the power was platnly given to the Board to deter- mine the quatitications of suchas apolied for admisglon to practice upoo examnination, and upon the same princlple to refuse such aa they deemed unqualitled, or to revoko tho licensca of such, as baving heen sdmitted, ufterwardshowed themselves in the judgment of the Board un- worthy of the priviiege. With the exerciso ot that power n good faith, the fudicary bed 0o rignt to Interfere. That power stood un pre- clsely tho samo fuoting as other licenses Lasued and geanted fo the exerciss of the police power ol tho State, which might 1sauo nod revoke on rater, Friduy— . Satunlay Matinee— atiarater, Baturdss Night "~ MAMLIY'S THEATRE, Clark-sty, oppostia Lourt-House. Tt ATt sece T's Ursdh Dilo, Do Yarreyra the Mea ~ 3 Flute. 1 3 W and for nothilog olse, If the Junguugo of the | JLAM TR conaltions a8 tha legislativa de- | K. W. Blatchford of al. va. Mloory W, New- | Laye not beeu rectrocal, but havd beon targely e ————: ; ; commlttiug tho erlnio of ®willful aad eorrunt | pire loft o the trustee n discretion to expend | partment might think it to impose, bercy ek sl,s svpeal from Cook; Iesva'to dle | 1 favor of Hawalk au that It is probalo that THE FAR NORTHWEST, o ecav Clvent, 2081 Favquetta; Hore? perjury " once s month with pilaful rezularity | y1o' funa for a non-charitable purposc or one | Hut without yiassiuz on the conatitationality | smended petition for rehoering. thoy will Jargely increase in her favor in the 4 1 3L, 2503 Dress Cirele, 8603 arquotie, 400, wmust be posscesed of unbounded ussuranco, a8 | yocyly charitable, f would not be upheld. | of the particular provision fnquestion, it ssemed Imperlal Firo-Insurance Company va, John C. | futare!” - = Smoking Allowed [n the Auditorium of the well 08 0 a casa scatcely less than desperate, 10 | Tug languspe employed by the duvlaor | 10 boclear that the Legislature bad suthority, | Gunning, use, etc,; appeal from Moutgomerys | #No, 1 cannot. When Ifirst vead that vart | Apprehensions of n Herlous Indian War in | Theatre, (afo attached, lcalllle tu|nmlznd rcmrd.c £ healx Insurance Company vs. Abraliamn Tucker; appeal from Mnl.un;’;nowm for lave to file smended petition. AdJourned till morniog, L EDITORS, Special Dispatoh io The Tribune. Lansing, Mich,, Jan, 7.—~The Btate Pross As- sociation et in this oity this afternoon. About forty editors were preseot, promiuent among which wera J. E, Beripps of the Detrolt Evening News, J. B, Applegate, of tha Adran Times, John Ingersoll, of tho Bhlawasse Kembiican. Beripps read a paper, * How to Make Nows- papers Pay,' fn which he pald & blel compli- ment to Tux TRIBUNE, styliug 1t the lesding uewapaper of Chicago, Tlluxnpur was yery fn- tereating. ‘The subject of ** Adveriising ' "was resented by Applegate, and “The Telegraph n Journalism 7 Ly (eo. P. Banford, ol the Journa'y of this city. The moat Important sub- oct discusscd, aud to be further considered 1s « Libel Laws and How Thev 8hould Ho Amend- td tor the Better Protection of Publishers.” The Legislature will be petitioned to amend tho me, They will probably adjourn thisevening. e ———— GRANT AND THE iRISH, Nxzw YORK, Jan. 7.—The Herald says: “Pre- Hmlnary meeting of & number of Irishmen, most of whom hold offices under the Fuderal Government, took place last evening at the Astor House, when a cowtnlttes was dppointed to take measurés for the holding of = mass- meetiog at Cpoper Institute during the comlug week ta protest agalust the Y iusuit ¥ offered to Urunt by the Counct] of Cork. Auother mevt- ing will be Leld Wedneaday, Cincfrxat Commaretal. Uon. Grant mado s spaech, written with & lead- pencll, coverlug thres sheets of letter-papor, . at fu the exercise of tho pollcs pawer, to reulate the practice of modicine among the cltizens of he State, aul amoug those regulations o pre- acriba the terwms of adinisalon to such priviloge, There was no reason, also, why, on the ssine principle, lhe{ might wot grade vractitioners aceording to the period of thelr prictice of the profesaion, HALVAGE OR TOWAGE, In the case of Sullivan ve. The Tug Albatrots, Judge Blodgett yesterday entered an order va- eating the decrev and order spprovivg the Couie wilssloner’s report, and glviog tho defendant twenty days in which to fllo oxceptions to the Commisstoner's report. This wes a libel to re- cover salyaze for saving tho Albstross. It sccms that In December, 1878, the Albatross, then moored toa dock at Detroit, broke adrift aud out past the lighthouse fnto Milwsukee Bsy. Tha tug Orcen was hired to go and find her and bring hor back, which was dove, the work valy occupying about two hours and & balf. The owner of the tug Green subss- quently presentsd a bill for 8150 for salvage, nearly half the value of the vessel, and & part owner of the Albatross signed a due- blll for that amount, It was vot paid, how- t was begun for the swount. Proudfoot, to whom the case was referred, reported fhat the amount was reasouable, should be patil. Tbe defendant claimod 4 vago only mecrued for voluutary scrvice; that in the present cass tho tug Green was bired to get tus Albatrows Lavk, and was ouly entitled to a remsouable suia for such service, therw belug no danger of the Albatross beiug lost, Tha report wes filed without potice 1o the defenda 5 lohvodien u«&;fld llnymvnl! po cxceptions Yesterday morning Ms, W, H. Coudon, oo belatl of the defendant, sppeared Jp court and apoear {n opeu court and o upon the witness- stand ood offer himsell me a wituess to thus establish the fact of his own felony. On the plalnest principles of publle policy Usge was estopped, aud his suroties also, by his roporis, and he should not bo heand to dliscredit statements made by him under the solewnity of his ofllclal oath, aud ulmn which the public st that thane acted and relied so Implicitly as in the uresent caso, The raling of the Cours below was, thereforo, correct in excluding such 1m- peachlog testimony. As to the second polnt, that the bond was vyold, It appeared that it was signed In blauk by the suretfes, and subséquently filled up by the officers of .the clly by {nserting the names of (b suroties {u the penal part of the bond: also the penalty there- af, and the date and oflles to which Uave was ¢locted, The clty authoritics Insieted that the strcties by siguing the bond in blauk snd feay- fog it with Gageto be by him used thereby nade hin their agent so as to glve hima rizht 10 i}l out the blanks and make the ument Uinding oun them.. But tho law was well wet- tled the other way, and 08 to s}l partivs who bad wotice of such wsigning, or were io possessfon of such facts as would put prudent person oun {nquiry, the bond ‘was absolutely void as -Tmu the surctics. That doctrine had been filly established by the Bupreme Court of Hlinols fo the case of P'auple vs, Orgun et al., 87 L, 20, Jt wag thery Leld that a deed to be bindivg must be' in writiug, signed, scaled, and detiVered bl’ the partles, sud o paper algued and sealcd fo blank, with .verbal authority to il the blank, which wasafterwards done, wes vold as to the parties signing and sealing unlees they altcrward doliverid, or as- knowiedged, or adopted it. The British courts had followed the same lloe of reasouing, the ground belog that; after the biaok bad been filled up, the deed ceased to be that which the partles exceuted. Iy was then of s differeut of hisreport I confess that thc unwortby suz. Oregon aud Washington Territory. Bf““'","i"“:lfl'h‘:"l‘: ';“:I:::: ::“"" ?'mu“é, v'(‘xl}‘;ll Baw Fraxcisco, Cal., Jan, T.—A correspond- ol b e i aposition. t0 1t 1 the ent at Yakima Lllrll-.nlntmlmrd the Bpoksnn Henste, but & take thot sil back, and assumo | Chief Muscs, recently captured and beld pris that his onc-sided view 18 taken from the best of | oner st tho rescrvation. Moscs disclatin any motives; but 1 certainly think ho 1s mistaken us | hostility to the whites, and pives o plausible ac- :1:.':';-":'-“:-'?-:nfin":'-"w‘tl'x':';;n‘:"fl":fi; fowit | caunt ot bis actionis mucdiately preceding s fits thus far havo been loss tous than to them, t'uwu,r?-. fllmfll‘:‘lmfltflm‘cnhlilnvnh:enufl od | they atill bave been reciprocal, for both thie Chict to rematin on the reservat mb." la- have been bovetited, mnd as their duice all his people to Joinbiin, A uymber have e Titese facreases 80 will the demand for our | Alrvuay douo so, and it 18 belicred, thut when products snd shipping increase, Hemewber Moses fully mulerstands ha impasatbility uf ob- that every board ) plank, every stivk ol thm- | {8INnE the rescrvation ;u: llllAukmll for, Jid will et evd tence poat usad i thy lelands must | Bgrent to tho proposition, At all eveilte, tho cowe from tho United States, This gives em- Chiof will be detalned until bis future reitdepce plvyll‘nun’- to our ship) ’Im‘u." ¥§ll 'l‘ mul}m a | 1s determined. 3 merket for our prodii oy bave luge To the Editor of The Tribuns, of cattle no doubt, buta’majorlty of - , . A . ey eun wild In the mountajus—not n hued | WALLA WaLLa, W, T, Dec, 2., 1578.—Tlia comes to the Btatcs L competa with ours, nor | peovlo of Eustern Oregou aud Washilugton Ter- arc they sdanted for the dulry, IlA:l'l of (el | rtpry age pow passiog through series of dread- e e O wvihang 1 | fWlslarion, and o couttyBsl siale of pus- furnishing their suger mochinery ovoruny other | P026 that wakes lio eccus slmaw uodestratie. atfon, sind under thiy encourazeient we sliould | A Iudisn war fu uxtent such 88 uas never been bo wble very svot to drive all others out of that | known ou the Pactiic Conat, with sl its borrors, warket, eumlmrwhnu"-hhrfl"vwbflcd huw | guffering, and torture, sr¢ns Imminent. ‘fo- '"“;3,.'2‘:::;“:,‘& :“l:‘:n:d:l’:crtyb"" any other | yay goldiers are on the jaove, teleuraph lucs el Upos the routd, you could no douby | 810 being extended, gardsoned troops are on apprecista how itis shat the reciprovity tregey | continual drills uud tapgel-practice; while on bLas " o] o otlier whde, the Iudlaus are coucentrating, STINULATED TIR INDUSTRIES OF TUR 1sLAND&{M " sipaling stock, comuitting petty dopredations, # Yes, [ could seo it there as 1 ucver could '}v&k«mnlng ‘more ang more insolent every must devots the fund yelinitaly and cutlroly to charity, amd If it fafled o to do the Comt conld not eatabliah or administer tho fund as charita- ble. ‘The {uterpretotion of this word ¥ charity was o bo governed by the Btatute of 43 Eiliza- beth, and sinco tho statute no bequosts were to bo deemed withiu the authority of chancery, and capablo of belng established and regulated thereby, except hequests for thoso purposcs which the statute cnumerated as charitable, or which by analowy were decmsed to be within fts spirit or {ntendment, II tho will devoted tho estote to clarity and left” no dls- cretfon In the trustecs, 1t would Le upheld as 8 charity, notwithstanding the uncertainty and indefinitoness of the Lenoficia- ries to whone use it was to be l?pund. 11, on the other hand, it sppearcd to have been the purpose and intentlon of the testator to vest i iy trostees adiscretion to devote the fund in any eveat or under sny clircumstances to o pur- pose not included within the legal definitton of charity, bis bequest was too uncertain and lu- acfinife to be sustsined and must ba beld to be vold.. Every word of the will must be glven jts proper slguification aud the whole fntention of lhu will considered. It would be aifficult to invest the trustees with = broader discretion than the will eaye them In relution to the character of the Institution to be founded and endowed. No discretion conld be coutided to an agent without 1nveiving an vlement of un- cortuluty as to how the discretion should be ex- erciyed.” The will was writtee b‘yl the teatator himaseif, and §t was quite Inartificially drawn, But he wished to do the most @ood, and he felt it would be better to repose in thu discretion of eighit trustecs ss 1o bow bLis estate sbould ba expended. The words “or other ' before *n- stitution ¥ were therofore of Ihe very substaoce of th scbema which the testator “eaw it to adopt for the purboess of carsying oul and glv- ug effect to h?- phllauthropic design. No geir- eral expresslons or mere refereuces, therefors, T UERSHEY HALL st Cougert of he ABt Society, THUUSDAY KYENING, JAN, 0, Awisted by Mixs Panny 1, Whitney and Mr. y Max Pinuer, Assaciath Jnembers can socure thalr seats at Lyen & eniy's rhn e Hlure, 164 State-sl. Blolo seats will be 453 66 therdoor of the il darink 1 T MUVICKER'S THEATRE, " Great Bucome of tie New Drama by Wil F, Sage, DESTINY. Nest Week—~Grand ltevival of ROSEDALE. . S NAVERLY'S THEATRE, J. i, HAVERLY,, Froprietor end Meoager WEDNESDAY'S POPULAK MATINEE AND N1QUT. The N.ew»\;ork ¥Park Theatre Company, e . A . ¥ 3 Camaay, uum)im’i' eTin th e NOEMY,RoRAIAY .Hu_fimll“ will be w0 ke Cumady uf CHAM- PAGYS Ab{‘p Uy Matinees Wudn i Gaturdeys st 2. e OYEING AND.OLEANING, -y Canfis beautifully DYKD op LADIES AND GENTS. ot o "As you might tufer from the Becretary’s 3 e ds. .aud cllato along the A 3 = ot L o About S.000. fect altitudo are | vpriof, " 1s '"iha feader of most of the well adapted to the production of sugur wher- | trlbes o sgoust, aod to bim eyer the water supply 18 suicleut. dn suwe | thgy rally, asl O or offerivg allles, dlstricts, as in Hilo” or Hawall, for lustauce, ki ul" Citett scl of thle fbe ralufall §5 abuudant, but 1) most districis | Socking refuge, or fplicitiug coun frrigation aueficlal, §f not sbsolutely | veat tye (Chief) fo.tic camp-fire pow-wuw. rrases, 1a. dyuqund clean 13 ¢ testy ceas tablo resuits. L saw planta- | Siuco the close of tho wyr'yjtl the Suakes and ey Telor, aad was anothier instryment sa mych us | could coutral the plain tntent ol the testalof, | ayked Lo bave the decreo vacated. 1o satd he S 2t 8 meatl He T s necessary to pro ) - 0 W'V o 30 CHIROE. S A mh md "a"n ‘ll' 153: and ;‘.'3:: l}:‘:&’uutg‘: "Wfi‘:‘c‘l?a‘v;zh';lo: ::::::’:‘l’:n ‘3: h'.d"eb“gb:': ':',"'“’ that 'P‘k’m iea u"“"‘l‘;r"ll‘:h M‘” flbfluu‘"l;l‘?“""%"’:'"af ':.“ "h“fl}’z'“ wudtiio b 'ul:wnnve"lmll bul‘r;“u: gr::x‘:‘lot m&llu'o"n :". l:.’:‘:":“mcl‘h;l:& 1":1:". 1:&‘;:‘::; o m}w&:&'&f sum, was chgnge s [ 0 the report el 3 wl toe. i Y Vi cat ¢ ¢ Eene iy larger suwm, sod :nEom consent, redelivery, | 80 repugnaul to the general scooe of tho tests- | 1) il exceptious. b A to trample the Pope’s toe. It was thatspesch | \oun o ppulfed Ly watcr st a great expense, ) that was the watter with ths hlatherous perdons who mado & poise at Cork, That W' to say, it was phe Des Motnes speech which furnlshed _pis: mlged the Thy Hulkee plantation ‘had just completed au hercubouts. . Those nobk clly eugaged wero nrl;;: o drag- {rrigating diteh at an expenso of 340,000, avd a3 giving socret ald at every ghoyrtunity, sod @ i toe’a futeotion as to warrant thelr being thrown out as surplusuge. ‘Tho Home for the Frisud- Icas, which toe record clearly showed Lo bo a or sybsequent ratitication, No one would sup- pose that such sn alteration’could o wade with- out relessing the parties. ‘Tho cvidencs 1u the ‘Tho Judye sald he thought it siugdlsr o ax- ceptions bad been led, fo had vo ides’there Virebede from the water sourchs much | chisin of sympsthy scems to §hye united themn Waa aby queation of lwportauco b 10o case, sud | pretexe f that Gran ek 7 el o TR\ 1L Dresent casq showeh that the'yames wepa pro- | charitable fnstijution, wes wentiooed by vame | giproved the report of coursey no exceptious .P,'wl, u;;".'ffl':‘ 8 b y W s i;’“:;'“",:‘,&‘f“«‘fi,‘e"n“@.'&?u“'.'fl.‘:’u ;uuem all far and ueor. Thelrreservagfpus havo served i TP TE, sured to the bond while it was bjank, sud the | in the section rslabiug to the charitable bequesty | jefy takeo, o then made an onler, s bove | - SN ;.‘ul b gumfi"erwlc SR drg ot e S 8 refuge to despersts ' known 10 5 ey 2\ A urcties signed on the understandiogtbat ithyvr| aod tha lan q of tho sixth .'wcskmbmvmxu stated, setting a4idv the docres and giving leave | ' < . Fanuary Vot o ::‘ s b B 18750 #calen - ‘T hery Were nob aua | the whitos, aud right on. this Jifuges the " jsuseqiunilyito qualtyl Lt bous sk | thig B0 puso of the- son's duaih without | yo e exceptious. - Stk TR B Varprtuss OB I MK Viore liok S | ehile Lz Of poudiog roupiec' fi st S C A L E s B e er g ctlal 93 | i easy subpoacdr, the dutd ¢ “PANABOLA" NEEDLES. 215&:':;'.5?.‘:3::% mm‘&fi'#m i, sud tho 1t 'gl?i, {“f"g"m of the u- | aerors ot ons family neartbe Uwatilh Reserva- 2 o8 ALL KinDs, aftceward saw the botid uatll tho triskla tourt. | spoke °fi°g{“g‘gfl‘“&“‘}g},‘l’&£’:“,’$2 In the case of Koberts va, Bhaldon; Judge careful doctor prescribeth bine-m :L‘}”,‘.‘.‘,':j;."" e oy rebbiires, tbud, was tolm: | 48 tought prolection oy the Upatlla. FAIRBANKS. MORSE & GOy Under' tho Geciaions of the Buprewo Court, | less, ar aog oiber charitable loatltulon (e 55 | pioqyeit, yestorday morntug, aiter o very | 58, BoSRL BAn SHSA, WA MRS 0 e L eicn, whicl tovalveda larie oxpenso | Who, iboagh = pretending - to bavo_great 11 & 130 Lake St., Chlcxgon ' d B = seketh e List. You w herefore sca thal man" (white man), e e < tnarstore, In sttlar cuses tho Lol B 0 | e “tho loattucion’ (o be. founded by the | levtby dectalon, granted a temporery fojune- | i iEy efiiofacebulh the uaual i o o ko Gxpenss | friccdsuip for the % Boston ‘men V" (whité ma), B carefultobuy oaly the Geaine,