Chicago Daily Tribune Newspaper, January 18, 1880, Page 3

-WASHI TO gntinuation of the “Star” Route Investigation by the House Com- mittee. Fe Post-Office Department Has No Official Knowledge of ° ‘"_§nb-Contractors. Draft of a Bill for the Reorganiza- tion of the Supreme Court. ition to Choose Presidential Elect- ors by Districts Opposed by the Democrats. The House Committee on Education and Labor Would Prohibit Chi- nese Immigration. . Z Sa Bill Framed Restoring Fitz * John Porter to the Army. Ouray Details the Grievances. of His Race and Tribe. STAR? ROUTES. (EE -POST-OFFICE DEPARTMENT HAS NO . ENOWLEDGE OF SUB-CONTRACTORS. ‘Speelal Dispatch to The Chicago Tribune, “quasmxetox, D. C., Jan. 17.—In the * star” route investigation to-day, theinquiry into the Prescott and Santa Fé route and its an ent was resumed. To a direct in- quiry whether McDonough, who was 2 sub- éonfractor, Was entitled to the payment of $4,000 for services performed on one route, hen he was known to have failed on several others, and to have been in arrears to the Government, Gen. Brady unhesitatingly re- plied that he was. The Department, he said, could not officially know a sub-contractor. Gen. Brady claims that $516,510 is the actual deficiency to be met by Congress at the pres- ent session. ‘There was considerable skir- between members of the Committee ‘and Gen. Brady as to his motive in exceeding the appropriation made by Congress and as 4o his delay in making the Geficiency known. ir. Blackburn asked if he believed it right to violate the law by making an increase in the service, and then, in order to save him- al CUT OFF THAT SERVICE entirely.” Gen. Brady answered that the case bad been put very broadly. He had done what he believed was right, and he thought he should be sustained. ‘Wr, Hawley—By violating the law? * Gen. Brady—Not by violating the law. I think I have managed this thing very well. Mr. Blackburn—Which is the superior power, Congress or the Post-Office Depart- ment? | Gen.’ Brady—Oh, Congress. But I still think I will be sustained. ‘Mr. Blackburn—Then when Congress pass- es a bill appropriating $5,000,000, you do not think it a violation of law to increase if $2,- 000,000? - Gen. Brady—Well, Congress sustained me once before, and I think ++ | TE WILL AGAIN. : Mr. Blackburn—Then what is the use of Congress making any limit in’ its appropria- tions at all? Gen. Brady—I didn’t intend to create any deficiency. Mr, Blackburn—But you say you will take away the “star” service entirely ? * Mr. Brady—No, sir; I didn’t say that I believe that Congress will sustain me. Toa question by Mr. Blount, why he didn’t Incorporate his report of the deficiency in the Postmaster-General’s report, Gen. Brady replied that he didn’t want to incumber that report with a mass of useless matter. ‘Mr. Blount (holding up Brady’s report)— Why, Mr. Chairman, it only occupies twen- ons of print, including the letter of Gen. ey. Gen. Brady (laughing)—Well, I didn’t care is report’ it then for reasons satisfactory us, ¢ : Mr. Clymer asked Gen. Brady ‘if, in his opinion, it was right to es . CREATE A DEFICIENCY Of $2,000,000, it would not be quite as justi- fisble. to create a deficiency of $20,000,000, to which Gen, Brady calmly answered: “Yes, sir.” Gen. Brady does not seem to be dis- tarbed by the sharp fire to which he is sub~ jected, and expects to show when the time comes that a majority of. Congressmen have asked for the increased service. GEN. BRADY'S TESTIMONY. To the Western Associated Press, - Wasmrxerox, D.C., Jan.17.—At the in- vestigation to-day into the star route service, Gen. Brady stated the star service could be Tan to the end of the year, keeping intact the 1,900 new routes. and all others whi.> the cost of expedition has not exceeded $5,000, and cutting down. all others toa point at which the increased pay for expedition was began, for $6,416,510 for the entire year, Which would still require a deficiency Sppropriation of $516,510. Gen. Brady persisted in his former assertions that he had not exceeded the authority and discretion bay in him by law, and was perfectly con- lent Congress wonld sustain him, In con- nection with the McDonough eontract for star iret hebreet Santa Fé, N.M., and @ question was again put fo Gen. Bady whether Walsh, sp oubente ear to McDonough, did not receive from pesixth Auditor payment in the neighbor- of $4,000 on his (Brady’s) certificate When he-(Walsh) was at the time indebted pee Government on other contracts. Gen. iy; to several modified forms of ques- tons, reiterated that the matter of payment entirely -with the Auditor. His y's) duty was simply to notify -, Auditor when the contractor & to perform. his contract, Suspend payments, and also to certify When the service was duly and properly per- ed. The Post-Office Department did not 0 the liability of sub-contractors in €a8€ of failure, but pe ContRacTons WERE HELD RESPONSIBLE, ubcontractors were recognized simply to — them in securing their pay when the ; ‘was properly performed. ee fighairman insisted that lie had not re- Bo, ce proper answer to his question, yes or Se whether the amount stated was due the vernment at the time he (Brady) made the to the Sixth Auditor on which the ent was made to Walsh. Brady—I have explained as fully as I , Chairman—Fully as you mean to? uestion—Is it nota fact that McDonough hi &@ number of contracts, on several of wath Walsh was sub-contractor, and his pay BubseusPended on more than one route. bsequently, on proofs made, an order of lon was removed on some of them, the amount of service performed was fhe ed to the Sixth Auditor. Was it not whi duty then of the Auditor to ascertain iat was due the contractor, and also ascer- babes he owed the Government, and strike a ice before paying. him? apnewer—T think the practice under the ne tor’s construction of the Sub-Contractor #5 to pay the sub-contractor no matter if fae tactor be indebted on any other con- Gen. Brady read from the Postal law bear- Upon the subject. , Muestion—Does tha Sixth Auditor make THE. CHICAGO . TRIBUNE: _ SUNDAY, JANUARY .18, 1880.—SIXTEEN PAGEN. th contractors without sug- gestions from the Post-Office Department? . Answer—We merely certify the forms .of service. Questions of payment are entirely within 'the discretion of the Auditor. - Question—-Are we then to understand that a sub-contractor on a dozen routes could se- cure his full pay for service performed on one route, though there were an indebted- ness to the Government for an utter failure to perform the contracts upon the remaining en ., Answer—I think the Auditor so construes Ts i know I should, for the good of the vice. . How the good of service could be subserved gud what recourse the Soverament could we in such contingency were matters upon which the Committee then P __ EXPRESSED TINEIR IGNORANCE, and Gen. Brady produced a form of the bonds required of contractors, and explained that the Government has recourse to suit upon the bonds in case of failure to perform a con- tract, but the usual practice was to compro- mise with the contractors upon their paying an additional amount over and above their contract, which the Government might be compelled to pay to secure the service which they had failed to perform. “es Gen. Brady stated, in response to ques- tions, that the reduction suggested in the star service to enable him torun it through the year with half of the deficiency appropriation of $516,510 would seriously affect star routes throughout the SY peh houlsiaue, and Texas. Question—Was the Postnaster-General ap- prised.of the rate at which the star. service was being run Answer—He was. ‘The subject was fre- quently discussed between us. He knew, as I did, it would result in building up the serv- ice considerably. above the estimates, = Question—Why was Congress on_the 1st of December confronted with a deficiency of $150,000, and within a week thereafter asked to make a deficiency appropriation of $2,000,- 000? _ Why was the attention of Congress not called immediately to this prospective de- ficiency through the medium of your annual report? F ‘Auswer—TIt is a matter of my discretion what I shall put into my report. Icon- sulted with the Postmaster-General, and we concluded it would be better to present the matter to Congress _ IN A SPECIAL LETTER. We simply thought it the better plan. The letter-was dated the 6th of December—cer- tainly nota very great delay. Question—Is ‘there any authority in the Post-Office Department to create a deficiency which is not likewise conferred on all the departments? nswer—No deficiency has been created with the exception of the sinall amount. of $150,000." The deficiency of $1,700,000 is entirely prospective. Question—Suppose you should so run the service’ that the appropriation would be entirely expended in ninety days, could you not in fact expend it all in thirty days? Would you have authority to do so? Answer—\es. , I have authority to do so, but it would be very bad management. uestion—Then is it good management to run the service so that the country will be entirely without service for the balance of the year, unless Congress pleps in and makes the a] propriation you see fit make neces- sary Answer—L believe I have managed the thing very well. | Question—Which is the superior poyree in determining the amount of money shall be appropriated, you or Congress?. ‘Answer—Congress, most asstiredly. I do not think I have been lacking in respect for Congress. I have had every reason to believe my action would be sustained by Congress. ‘en. Brady was asked if he had thought it necessary to run the service on such a basis as if continued through the year would create a ‘deficiency of $20,000,000 instead of 000, would he do it? 000, athe General replied, “I would simply go on_and do it, and take the consequences.” Gen. Brady stated that scarcely a day passed that some Congressman did not ap- peal to him for an increase of the service. ie declined, however, to give names. ‘The Committee spent an hour in seerct session, and then adjourned until Tuesday. THE SUPREME COURT. DRAFT OF A BILL FOR ITS BEORGANIZA- ; ‘TION. Spectat Dispatch to The Chicago Tribune, Wasurveron, D. C., Jan. 17.—Representa- tive Manning, of Mississippi, has completed the draft of his bill for the reorganization of the Supreme Court, and has mailed copies of itto a number of leading lawyers for criti- cism and suggestions. Stated briefly, the bill jncreases the number of Justices of the Su- preme Court from nine to fifteen, and pro- vides for three sub-chambers or divisions. There is to be one Chief-Justice and two Assistant Chief-Justices, each of whom has to preside over adivision. The assignment of Judges for the divisions is to be made at the beginning of each term by the Chief-Jus- tice and the three senior Associate Justices. Each division of the Court is to have a specialty.’ Before one are to be brought all the admiralty causes, before another the equity causes, and before the third the com- mon law causes. CAUSES INVOLVING CONSTITUTIONAL QUES- cE ‘TIONS, which are, owing to their intricacy, certified up by the division hearing them, are to be heard before the full Bench; and if a question is decided unanimously by a divis- ion, there can be no rehearing; but if only four-fifths of the Judges decide in favor, then it may be certified up, and the Chief- Justice shall grant a rehearing before an- other division, which he shall designate. Judge David Davis, it will be recollected, has a plan of his own for relieving the Court of its present press of business by the estab- lishment of : INTERMEDIARY COURTS. He is favorably disposed to Manning's plan, however, and has made but one suggestion py the way of criticism,—that is, that the Constitution provides for but one Supreme Court, Manning thinks he has met. this criticism by calling such chambers divisions of the Supreme Court, and by providing that all the judgments entered should be on one docket’ and should be delivered by the full Bench, which should .sit once a week for that purpose, and that all the officers of the divisions shall be deputies of the officers of the Court. - ’ FITZ-JOHN PORTER.” A BILL TO BE REPORTED RESTORING WDM TO HIS POSITION IN THE ARMY. Special Dispatch to The Chicago Triuns. Wasurseros, D.C., Jan. 17.—The Fitz-John Porter case seems destined finally to come before Congress for action. A bill restoring him to rank and pay is pending in both branches of Congress, and to-day the House Military Committee agreed to favorably re- port the Bragg bill, which provides for the restoration of Porter to the army with the rank of Lieutenant-Colonel, and to pay him $75,000 arrears of salary. It isknown to be the purpose of Porter’s friends to passa bill through both Houses restoring him to rank first, and, if successful, to ' afterwards endeavor to secure the pay. One of Porter’s - friends to-night says he thinks that the Senate Military Committee will agree upon the bill to which the House Committee has agreed. Porter does not ex- pect that there will be any partisan opposi- tion in the Senate to that portion of the bill + RESTORING WIM TO HIS RANK. The opposition which is expected there will beso the second proposition, for pay, and the effort will be to endeavor to keep the two propositions separate. Porter is said to have spent a large fortune in prosecuting this claim, and is now a mere physical wreck, and in all probability cannot live long, even if Congress should pass the present bill. The bill, however, certainly cannot pass without an exciting debate. Gen. Garfield, who was a member of the Court which tried Porter, will be present in the House to defend the Court, but Porter has lost his: most persistent opponent in the Senate by the death of Zachariah Chandler. : THE BILL. : To the Western Assoctated Press. Wasurxeroy, D.b., Jan. 17.—The House Committee on Military Affairs to-day took action on the case’ of Gen. FitzJohn Porter. The Democratic members all voted to recommend the passage of the bill based upon the measure introduced by Representa- tive Bragg, containing several important features of amendment adopted, on his mo- tion, to-day. The Republican members voted for the substitute prepared by Repre- “uary, 1863, having been. Blled-by ive McCook, providing . simply for Gen. Porter's restoration to his former rank in the army, without back pay or other pecu- nfary award, and not dgreeing with the asser- tion of the majority bill, that injustice was done him at the time of his:dismissal. The majority report will embody the report of the Schofield Board of Inquiry, and will be pre- sented early next week by: the Chairman_of the Committee, Representative Sparks. The first section in the majority bill recites that the findings and sentence of the General Court-Martial in the case of Maj.-Gen. Fitz- John Porter, late Major-General of Volun- teers and Colonel in the United States army, are hereby set aside, revoked, and annulled, and the disqualifications of Fitz-John Porter thereunder be and they are hereby removed, said findings and sentence having been based in error and without due knowledge of the facts in the case. Sec, 3 restores Gen. Porter to all the rank, rights, title, and privileges to which he would have been entitled if there had been no‘court-martial, and ip conformity to the recommendation of the Board of Officers con- yened by special order, provided he shall not be entitled to nor receive any pay or allow- ances-as an officer while not in the service of the Palted States. dsoatney: ec. leclares the Colonelcy of the Fit- teenth Infantry, held by Gen. Porter in ie regular pro- motion and_confirmation by the Sénat Pie positon of Colonel now to be held by Gen. Porter will be supernumerary until a vacancy shall occur in the army, when he will bo assigned to that position, and the super- numerary Colonelcy shall cease to exist. Sec. 4 says, if Gen. Porter shail so elect, the President of the United States may re- tire him on the rank of Major-General, the rank held by him while in the service. Sec. 5 requires the Secretary of the Treas- ‘ury to pay Gen. Porter, out of any money in the Treasury not otherwise appropriated, the sum of $75,000, awarded by-the Government as @ measure of amend in acknowledgment of the wrong done to and suffered by him through-his dismissal from the army and de- privation from the rights of citizenship upon charges now established to be unfounded, as wellasto reimburse him for his great ex- penses incurred in the vindication of his character and conduct as an officer and sol- dier from the disgrace and obloquy now shown to have been unjustly cast upon him by the Government. -The minority report will take the ground that the testimony and condition of the coun- try at the time of Gen. Porter’s trial justified the findings of the court-martial with the lights then before them. ~ OURAY. THE UTES’ GRIEVANCES. | Special Dispatch to The Chicago Tribune, ‘Wasnrnaton, D: C., Jan. 17.—Senator Teller had on extended conference with Ouray to-day. Among the grievances of the Utes, as stated by: Ouray to Senator Teller, was the failure of the Government to pay the money due the Indians under the: Brungt treaty. ‘We have only received $24,000,” said Ouray, “ and the other sums charged up to us have not reached. us.” The total amount charged as having been paid to the Utes is $63,000, Senator Teller told the Chief that he had himself made inquiry of the’Secretary of the Interior to learn why the ~ money had not been paid as per agreément. The Sec- retary had said in reply that, if the cash was paid over to the Indians, white men would get it away from them and it would DO THE INDIANS No'GoopD. “That’snone of your business,” said Ouray. “The money is ours and we would not give it to the white mey. If we squander it, it is our right to do so.” Mr, Teller asked the Chief what sum of money he would demand for the relinguish- ment of the treaty rights of his people. i “J want to know,” replied the wily Chief, ““what the Government willdo. I came here to listen to a proposition from the Govern- ment, not tomake one. I_suppose,” he con- tinued, “ whatever is agreed upon, they will want to treat us as they did before, and pay us with money that already belongs to us.” Senator Teller asked Ouray to what extent THE MINERS AND PROSPECTORS had intruded upon the Utes, as reported by the Secretary of the Interior. ‘They have never troubled us at all,” said the Chief, “and we have no complaints to make, nor have we made any., A few miners came to Elk Mountain, but they didn’t in- terfere with us, and we were quite willing to let them stay there.”” : ‘The surveillauce over the Chiefs has been relaxed, and they are*now permitted to go about as they wish. WAYT. THE INVESTIGATION. Wasutxeros, D: C., Jan. 17,—William M. Leeds, formerly Chief, Clerk of the Indian Bureau of the Interior Department, was be- fore the House Committee on Indian Affairs to-day. He attributed the disaffection of the Utes to the utter inattention of Commission- er Ifaytto their condition, claims, and neces- ‘sities. Leeds was before the Committee about two hours. He assigned, among the reasons and causes for the disaffection, the failure of the Indian Bureau to send to the Indians sub- sistence supplies -and agricultural imple- ments as it had agréed to do; the prohibition by the Department of the sale of arms and ammunition upon their reservation, leaving thein under the necessity of traveling ninety miles to obtain (to them) the necessities of life, as, without arms and ammunition for hunting, they were unable to sustain them- selves upon their reservation;.the delay of the Department in furnishing their supplies to the starving White River Utes, and the notice given intwo_ successive annual reports by Indian Commissioner Hayt that he proposed their removal to the Indian. Territory with- out making any mention of any proposition to compensate them for their lands. THE POSTSCRIPT. MANEUVERING FOR THE PRESIDENCY. ‘From Our: Spectat Correspondent.” WAasHrxcTon, Jan. 15.—Students of Ameri- can history have reason to remember that the people and the politicians .often differ about the nomination for the Presidency; and it is aremarkable fact that in these contests the politicians frequently win. The nomination being once effected; it iscasy to'whip good party men into the traces by showing them how infinitly worse it would be to have the candidate of the other party elected. Un- questionably Van Buren was the choice of the majority of the Democratic party in 184, but Polk, a great unknown, was nominated and elected. So William Henry Harrison eatried away the prize from Henry Clay in 1840, to the great grief of the best elements in the Whig party. It is asserted by, an eminent Republican Senator, whose name Iam not, at liberty to use, that precisely the.same situation is ‘about to be presented to the country. Gen. Grant, itis alleged, is not the ‘first choice of a ma- jority of the Republican party; but he is the choice of thé political managers, including Conkling and Cameron, and a certain well- known personage from Illinois.. These men, by uniting the delegations ‘of three large States in favor of Grant ale be able to give him a start that cannot be overcome. Grant wil] have _a majority when the Convention meets, and, as soon as this becomes apparent, there will bea rush from all quarters to “make it unanimous.” S In the light of these predictions the reports of growing opposition to Gen. Grant among the people possess little significance, unless, indeed, it can be supposed that the opposition will go to the length of actual revolt against the managers. Itmay be possible in this way to admit the substantial accuracy of the anti-Grant dispatches published in New York and Boston, and yet to deny them any importance. Suppose it is true “the boom ”” is daily diminishi a ful to the Civil-Service Retormers and Young Scratchers, and that three New York Con- smen fre engaged in a conspiracy to work up sentiment against him. What do Messrs. king and .Cameron | care for all that? .They. have. arranged to get on without the assistance of the Civil-Service Reformers ‘and the Young Scratchers; and they-will assuredly send to Ghicago delegationsto suit themselves. What Iwantio know iN aae Conkling and Cam- eron think,—not what the Young Scratchers, or the newspapers, or even the people of their States desire, Why, in Pennsylvania, man: Sf ihe delegates to the State Convention are being chosen, not by the People, but by the County Comunittees; and in New York the machine is, to all appearances, as powerful as it was when it reelected Conkling, nomi- nated Cornell byan overwhelming majority, and made Gen. Sharpe Speaker of the Lower House. Suppose Gen. Grant is nominated by these means, what are the disaffected ele- ments going to do aboutit? Throw them- selves into the arms of the Solid Sonth? “Not a bit of it,” say the warm partisans of Grant; “they will make a wry face about it, but they will support the old chief.” THE NEW YORK “Thres,? it will be observed, has gone into the Grant movement, heart and soul. Its adhesion re- ally makes the managers and leaders of the arty more harmonious than they have been for many years before. Itis difficult, there- fore, to conceive of any Good reason for believing that the. New York delegation will not be for Grant. To produce this result would require an immense popular uprising, not now expected, and of which the shrewdest observers have detected no signs. The position of the Times is understood to be due to personal courtesies extended to George Jones, the proprietor, by Gen. Grant, while in Europe, where they met and saw much of each other. _ It was a small thing to secure the support of a great newspaper, but they say that Gen. Grant’s personal visit to the quarters of the Times’ proprietor in Paris and cordial manner toward him quite won his heart. Truly these “little acts of kind- ness” like “‘little drops of water, and little grains of sand, make the mighty ocean and the pleasant Jand,”—especially the pleasant ae y ‘UNITING THE OPINIONS of five shrewd and able public men, holding high positions, and not personally very fa- vorable to Gen. Grant, I should say that his nomination was already as certain as any- thing in politics can be. Barring accidents, he will be nominated at Chicago by accla- mation, and will go into office one year from the 4th of March next. Whatever any one’s references may be (and mineare not for rant), ifcan never be the part of wisdom to shut one’s eyes to palpable facts. The facts in this case are so plain that I believe other Republican candidates are now propos- ing to get out of the wav; and before the Convention meets there willbe practically no opposition except. from a few ediate re- tainers of John Sherman. RW. P. NOTES AND NEWS. AN INDIGNANT MORMON. Special Dispatch to The Chicago Tribune, Wasmincton, D. C., Jan. 17,—Delegate Cannon, of Utah, indignantly denies the re- ports that the Mormons have been supplying the hostile Utes with arms. He does not pretend to account for the train of arms and ammunition reported to have been recently seen near the Ute Reservation, but he says that he knows that it was not a Mormon train, and that the Mormons have no relations with the Utes. Mr. Cannon says, moreover, that there are neither spare arms nor ammunition in the Territory, and that the settlers on the frontier are often embarrassed for the want of them. As to the proposed removal of * THE WHITE RIVER UTES from Colorado tothe Uintah Reservation, Mr. Cannon says that the Mormons will ‘not oppose the removal provided that the Gov- ernment gives the Mormons control of them, and he further adds that the Mormons will take care of the Indians for one-half the present cost to the Government, and would, moreover, be willing to indemnify the Govern- ment and their own neighbors for any dam- age that might be done if these hostile sav- ages should be placed under Mormon con- wol. CHOOSING PRESIDENTIAL ELECTORS BY CON- GRESSIONAL DISTRICTS. ‘The bill introduced in the New York Legis- lature, providing that the Presidential Electors shall be chosen by Congressional districts, instead of on the general State ticket, is at- tracting considerable attention here. A great many Republicans favor-it, both on the ground that they consider, it a much fairer system, and because they think it would make certain twenty-four Electoral votes from the State of New York. In behalf of this bill it is urged by some of the New York Republicans here that it would make the can- -vass less bitter, as nelther party under such asystem ‘ é COULD HOPE TO CARRY THE WHOLE STATE, and that, moreover, the passage of such a Dill would have a beneficial effect on the Re- publican National Convention. For instance, the State of New York could not then prom- ise its entire Electoral vote for any one can- didate. The Democrats, on the other hand, insist that it is a revolutionary project con- ceived entirely in the interest of the Repub- lican candidate for the Presidency, and that the fact of its introduction is a confession of doubt on the part of the Republicans of their ability to win in the National contest. THE DES MOINES LANDS. To the Western Associated Press. Wasuratox, D. C., Jan. 17.—As a result of the hearing upon the matter of the Des Moines River lands, the House Committee will report a bill to afford all parties inter- ested standing in court. TIE CHINESE. The House Committee on Education and Labor will report favorably Representative Goode’s bill prohibiting Chinese immigra- tion, striking out the section, however, which provides for the abrogation of Arts. 5and 6 of the Burlingame treaty. The bill prohibits the carrying of more than fifteen Chinese assengers on anyone vessel, but excepts ‘rom the prohibition Chinese officials and persons shipwrecked. t INGALLS. The case of Senator Ingalls was before the Committee on Privileges and Elections to- day. President Purcell, of the Manhattan Bank, at Manhattan, Kas.. contradicted the testimony given by D. R. Wagstaff and Byron Roberts. Iie stated that he had received $5,000 from the President of the Topeka Bank, Jan. 25, and sent it on the same day by his private clerk to his bank at Manhattan, and that no partof. ithad been retained or used. by him in the Senatorial contest. Mr. Purcell also stated that he had never paid nor offered Wait,» member of the Legisla- ture, any sum whatever to influence his vote. THE NORTHERN TORNADO. : Gen. McDowell telegraphs that $2,000 will be required to repair the damage done by the gale of the 15th to the post-dépot, arsenal, and Government buildings at Vancouver. In the neighboring country there was great damage to property and loss of life. —— OPTION CONTRACTS. Speciat Dispatch to The Chicago Tribune, Minwaukee, Wis., Jan. 17.—The impres- sion is strengthening dally thatthe decision of the State Supreme Court -in the case of Barnard 'vs. Backnaus Will be adverse to the legality of option contracts and to the whole Board of Trade system. It seems that the Board of Trade case, with one other in the last assignment, were given to ChiefJustice Ryan for the preparation of the opinion. The other was a case of great importance, like this, in which it was desirable that the forci- ble rhetoric of which the Chief-Justice is the master should be employed. Owing to Mr. Ryan’s feeble state of health, he was able to prepare only only one opinion, which he delivered, and the Board of Trade case went over. In the presentassignment, or thatnow now under consideration, the four other Judges took the whole twenty cases, leaving the Chief-Justice but this one opinion to be prepared. it is said, too, that there was no prolonged deliberation in the consultation- room, When the case was decided and as- signed to the Chief-Justice. . Putting this and that together, itis the judgment of law- yers who watch the course of proceedings that the opinion will be hostile, and a terrific and savage blow will be administered to ie system of option contracts. The Supreme Gra, ea hit i vet w edly, ime, aon belief 1s that it will be of tae character mentioned. _—————__—_—- : Mr. John Schleyer, the proprietor of the Chil- ton (Wis.) Volksbote, & Brogressive: German week- ly, gratified us with the following: with pleasure I add my testimonial to the many already given in favor of St. Jacobs Oil, which I had oceasion to test personally. “Isuf- fered extreme pains in the back of my neck, which were almost unbearable. Having heard of St. Jacobs Oil, I dispatched one of my men to the nearest drug-store, procured a bottle, and commenced to apply itatonce. The pain sub- siden ane on the next morning I was all night THE RAILROADS. Possibility of a Decline in East+ Bound Freight Rates. The Troubles of the Southwestern Pool Not All Settled Yet. Proposed Consolidation of the Two Bur- Tington Roads, = * EAST-BOUND FREIGHT MOVEMENT For the week ending Jan. 10, the Eastern Pool lines from this city have carried freight of all classes as follows: Michigan Central, - 16,096 tons; Lake Shore, 9,443 tons; Pittsburg & Fort Wayne, 8,040 tons; Pan-Handle, 4,019 tons; Baltimore & Ohio, 2,488 tons; total, 40,086 tons, against 95,137 tons the previous week,—an increase of 4,99 tons. The increase is not what the roads expected. For the corre- sponding week last year the roads carried one-third more, and then they suffered severely from snow and cold. The grain blockade at this point is not helping the Eastern roads to the extent they expected, and they are beginning to feel that something is necessary to get the grain outof the ele- vators before navigation opens, when the | vessels will get nearly all of it. The question that bothers the railroad officials is what measures are best to be taken to bring about this result. The representatives of the East- ern lines have been interviewing, during the last few days, the prominent members of the Board of Trade as to what effect a reduction in rates would have upon the movement of grain to the seaboard, and they, found it to ‘be the unanimous opinion that; as at present there is a difference of 12 cents abushet against a shipping margin, which would be equal to 20 cents per 100 pounds, while the present rate is 40 cents per 100 pounds, a reduction of one-half on the pres- ent rate would be necessary. A 20-cent rate the railroads say would leave no margin of profit. But, should they make such a reduc- tion, they do not think it would do much. good. ‘They might possibly . at first move a .few thousand bushels of grain, but after a few} days the market would adyance an amount |corre- sponding with the reduction made by the rail- roads, and things would be again where they were. That much is certain, if something is notspeedily done to lift the embargo great damage will be inflicted upon the railroads centering inthis city, as the business will_be diverted to. other channels. The embargo of at this point and the prevailing high rail-rates : have already had the effect of _ diverting much of the business from St. Louis down the Mississippi, and other outlets will grad- ually be provided if this state of attairs is allowed to continue. If the railroads cen- tering a this point had their own way they would no doubt have already tried the ex- periment of a reduction in freight rates, although they .think it ‘would do no good unless the market goes down at the same time; but the New'York trunk lines and the lines from interior points are doing all they can to keep up the present rates, as they have nothing to lose if the Dipekade here ismaintained. Yet it is likely tHat the Chicago roads will carry their point at the meeting of the High Joints in New York next Tuesday, not so much be- cause there is a grain blockade at this point, but because the Grand Trunk will open its new line into this city in a few Bays, and will then demand a share of the east-bound business. Rather than give the Grand Trunk what it thinks it ought to have, the Eastern hnes will make a fight, and a re- duction in rates must necessarily result. The principal difficulty in getting over the com- plications arising from the extension of the Grand Trunk to this city is to agree what roads should give up the portion of the busi- ness demanded by the newcomer. There is not a single road that does not think its pres- ent percentage is less than it ought to have, and all will refuse to accede to a reduction o: their percentage. » ‘ The matter of evening up the east-bound percentages is still a source of great annoy* ance to the roads, and somehow or other they seem to be unable to get anywhere near their allotted percentages and stay there. The Michigan Central, which a few weeks ago was far behind, is now 7,361 tons over, while the Lake Shore has again run up its _ shortage to 10,077 tons, and this in spite of the Pitts- purg & Fort Wayne giving it a portion of its business, It will now be the turn of the Michigan Central to transfer a portion of its freight traffic to the Lake Shore. The vari- ous roads stood as follows Jan. 14, when. the last statement was published: Michigan Central, 7,361 tons over; Lake Shore, 10,077 tons short; Pittsburg & Fort Wayne, 4.213 tons over; Panhandle, 1,573 tons short; and Baltimore & Ohio, 75 tons over. DETROIT, MARQUETTE & MACK-~ INAW. Special Dispatch to The Chicago Tritume. Dertxort, Mich., Jan. 17.—In response to a letter of inquiry from Gov, Creswell respect- ing the exact status of the Detroit, Mar- quette & Mackinaw Railroad, James MeMil- lan, President of the road, to-day forwarded a reply, in which he recites the fact that the Company entered into a contract with the State in September of last year, and as soon as possible engaged a Chief Engineer and staff of assistants, who made a survey ex~ tending to a distance of twenty miles from Marquette eastward. For the construction of this section a contract has been exe- cuted, the rails and fastenings pur- chased, and it will be in_ opera- tion by the Sist of July next. The remainder of the road is now being surveyed by two parties, each working from different ends of the line. As soon as this work is completed contracts will be let for its con- struction, andthe entire road will be finished not later than October, 18S1._ All the money needed for the completion of the enterprise is insured, and will be furnished as wanted. The Directors have appointed a Commission of their own body to sell as guigkly, as pos- sible the lands granted by the State for the puilding of the road. The lands will be sold at low rates and on easy payments to actual settlers, and it is believed that the set- tlement of the lands will begin soon and go onrapidly. The favorable expectations en- tertained by the Directors at the inception of e enterprise have been stren ened by closer examination, Itis probable that the Jackson, Lansing & Saginaw Railroad wilt shortly be extended to the Straits, and the day is not far distant, whe the lower and upper peninsulas of Michigan will enjoy the benefits of railroad communication... Mr. McMillan closes by expressing the gratifica- tion of the Company in knowing i they. have the good will and hearty codperation of the Governor and others representing the in- terests of the State. THE SOUTHWESTERN TROUBLES. "The Western roads are highly elated over their success in settling their difficulties re- garding the Colorado business. They helda meeting yesterday afternoon at Commissioner Midgley’s office and ratified the agreement published’ in THe TRIBUNE yesterday. But, - while this Colorado trouble is now satisfactorily settled, the South- qwestern Railroad Association is not by any means over its troubles. The difficut- ties regarding the distribution of the busi- ness arising from the St. Joe & Denver and the Burlington & Missouri River in Nebraska are as far from adjustment as ever. ‘The committee appointed a few weeks ago to fake this matter into, consideration has held no meeting yet, and will prob- ably not until the next regular meet- ing of the Association, which takes place in this city on the 2ist inst. Up to that time the St. Joe & Denyer traffic will go to the Wabash as a part of- its St, Louis busi- ness, but, if the Burlington insists that the ‘Association has no right to meddle with the affairs of the Burlington & Missouri River in Nebraska, the arranzement regarding the ae yee e enver will also go Sy the board again. TOLEDO, PEORIA & WARSAW. It is understood that the Committee recent- ly appointed by the bondholders of . the Toledo, Peoria & Warsaw Railroad to pur- chase this road at the foreclosure sale in this city on the 20th, has already entered into an arrangement with the Wabash by which the latter buys the road from the bondholders mil for 522,00) a hat the Toledo, Peoria & Wat- saw Railroad is to be consolidated -with the ‘resolutions of sympathy, | the totals sent in. Missouri, Iowa & Nebraska is denied. The Wabash contemplates’ such- consumma- tion,: but it is not :believed that it will Be able to bet the Missouri, Iowa & Nebraska. ie Chicago ~. Burlington, & Quincy now owns one-thi ird interest in that road, and, it is claimed, enough of the stock to keep it out of the hands of the Wabash. An application for the appointment of a Re- ceiver of the Missouri, lowa & Nebraska has been mane, ant HE the courts grant it there "7 x the Toledo, Peoria & Weare ee HER LOUISVILLE & N. Spectal Dispatch to The Dien Woees Loursvitxe, Ky., Jan. 17.—Intense excite- ment prevailed here to-night over tho brill- iant coup d’état of the Louisville & Nashville Railroad in obtaining control of the Nash- ville, Chattanooga & St. Louis ‘Road by buy- ing a majority of Ks stock. By this move the entire Southern system is engulfed in one general management, forming a gigantic line able to fix: rates to sult itself. All the lines owned and controlled ‘by King Cole no f ine ee eee Newcomb, of 8 ville és: Nas! le, i leaving the Louisville man 1 hater of th situation. The" railroad game of chess is Tun, and Louisville wins to an extent that will enable her to do as she pleases toward Cincinnati, .St. Louis, Nashville, Evansville, - and other points, so far as the South is con- cerned. ‘I'he track controlled runs from the lakes to New Ori and from St. Louis, Louisville, and ville in the same-direction. © LovisvitE, Ky., Jan. 17.—The Louisville & Nashville Road has secured control of the Nashville & Chattanooga Road, and all ‘the lines owned, leased, or operated by that Com- pany, by a purchase of the majority of its capital stock. : SHUMWAY VS. PEREXNS. Amotion was made Saturday afternoon before Judge Drummond to transfer to the Federal Courts the case of Shumway vs. the Chicago, Burlington & Quincy Railroad, which is now pending in the Circuit Court. The Judge said if the controversy was be- tween 6 ‘complainant and Perkins, of the defendants, then the case would be removed, but jf would be necessary for him to look into the plead- ings, and determine whether there was a con- troversy among-them, This was a bill filed to compel an. secounting between the Chica- eS, Jowa Railroad and Burlington & Quincy ad on a contract, and also to declare void some $600,000 worth of stock held by the lat- ter Company. Evans- one —_ OHIO & MISSISSIPPI. ‘The arguments before Judge Drummond on the motion fora separate Receiver of the Springfield Branch of the Ohio & Mississippi Railroad were concluded yesterday morning. The Judge declined to appoint a Receiver at present, because he did ‘not have sufficient information in regard to the policy of the present Receiver as to the management of the two lines. It was claimed that the Re- ceiver had managed thetwo divisions insuch away as to be unjust to the Springfield Di- vision. The matter was, therefore, referred to the Masterin Chancery, Judge Howe take further testimony as to the conduct of the Receiver in his management of the road. UNDER ONE HEAD. NASHVILLE, Jan. 17.—Intense excitement has prevailed here since noon over private telegrams received in financial circles stating that the management of the Louisville, Nashville & Great Southern Railroad had urchased a majority of the stock in the Nashville, Chattanooga & St. Louis Railroad. President Cole, of the Nashville, Chattanoo; & St. Louis Railroad, was not informed by telegram of the change until late this evening. Under this arrangement the entire line from nches, passes into the ‘hands of the ville, Ni acbville & Great Southern. ey : APPOINTMENT. Spectal Dispatch to The Chicago Tribune, Detxort, Mich., Jan. 17,—Edward P. Mur- ray has been appointed Superintendent of the American Division of the Canada Southern, vice M. D. Woodford, who resigns to become General Manager of the Fort Wayne & Sag- inaw Railroad. Mr. Murray was formerly a conductor, running between this city and Toledo, and for the past six months has been Assistant-Superintendent in chi of the Canadian Division of the Canada Southern, with headquarters atSt. Thomas. | —— ITEMS. ~ Col. A.M. Tucker, Assistant Superintend- ent of the Michigan Southern Railroad, is filling the place of Superintendent Parsons, of the Western Division, who is temporarily absent. Mr. John ‘Asher, for eleven years con-- neeted with the Michigan Central Railroad, has been appointed traveling agent of the Merchants’ pisvatel “Transportation Com- any Dairy Line, with headquarters at Detroit, “Mich. : Mr._Geoffrey 0’: private secretary to Vice-president Hopking, of the Wabash, is spending a few days ‘With his friends in this city. Mr. O’Hara used to be private secre- tary to Mr. N. Guilford while the latter was Eastern Pool Commissioner in this city. Mr. George Challender resigned his posi- tion as Superintendent of Motive Power and Machinery of the Chicago, Burlington & Quincy Railroad Jan. 1. at token of their regret at parting, the officers and employés of the department gave Mr. Challender a banquet on New-Year’s Day, at which he was presented with a handsome gold-headed cane. iit; uallenger Bre prent tat the Cor cago, Burlington & Quincy in subse- quently joined the Michigan Central'as Mas- ter Mechanic, andafterward was reappointed to the Burlington..- The Central: Rate Association held a meet- ing Friday for.the purpose of adjusting some trouble between the Association and the Chi- ¢ Iton.. This road, it is claimed, is a thorn in the fiesh of the Association by re- fusing to enter into agreements for the main- tenance of rates. AS the Alton Road was not represented no action could be taken, and a committee was appointed to confer with the officials of the road to see what can. be done to bring about an agreement satisfactory to a parties. Afew changes were made at the meeting in rates between certain points in Southern Illinois, where unjust discri a> tions were apparent. 4 ‘The scheme of consolidating the Burling- ton & Missouri ‘River in Nebraska with the Chicago, Burlington’& Quincy will come up for final action at the meeting of the Boards of Directors. of these roads to he held in New York next Thursday.’ It is not by any means certain that the consolidation will be effected, as some opposition to the scheme has lately sprung up. It is claimed, however, thit such action is made necessary by the recent consolidation of the Central ranch Union Pacific with the Missouri Pa- cific and the contemplated consolidation of the Union Pacific with the Kansas Pacific if the Burlington is not to suffer severely from Gould’s competition. SYMPATHY: FOR IRELAND, Special Dispatch to The Chicago Tribune. Manison, Wis., Jan. 17.—A very large and enthusiastic meeting was held in the Assem- bly Chamber to-night, many ladies being present, to express sympathy with Ireland. The meeting was presided over by Judge Harlow S. Orton, who made an eloquent speech. Col. William F. Vilas made & very telling speech of sympathy for Ireland’s poor. A long address, with accompanyi was read adopted. Addresses were_made b yant, Burr Jones, E. W. Committees were appointed to go into the various wards of the city and collect money to be forwarded to, Parnell. The meeting was very enthusiastic. a ————— NEW STOCK-CLEARING SYSTEM. Special Dispatch to The Chicago Tribune. New Yors, Jan. 17,—A gentleman who claims to be the inventor of the system of clearing stocks adopted at Frankfort-on-the- ‘Main in 1867, and subsequently at Hamburg, ‘Vienna, Berlin, and London, proposes estab- lishing astock-clearing house in this city. ‘As no stocks, money, or checks pass through the clearing-house, itis claimed the system is entirely free from risks, while at the same time simplifying and increasing the business of brokers. -Also,.that in cases of panic or failure of dealers the risk of loss is greatly. Jessened. Another feature is, that it does not expose the operations of any member, the de- is of transactions being withheld, and only rieans, Savannah, Mobile, . ‘The charge now for clear- ing stocks is $1 pér 100 shares. It is ass ted that under the new plan it will pay to done work for $1, and perhaps for25 cents per 1, AUTHOR AND MANAGER. Account of a SHight Unplcasaniness in. Philadelphia. Spectal Dispatch to Ths Chicago Tribuna. PumLaperPHtA, Pa. Jan. 17.—Manager Gemmill, of the Chestnut Street Theaire,, was arraigned before a police magistrate to- day for aun assault upon Sidney Rosenfeld, the author of “Dr. Clyde,” which is now closing ‘the. third week of its ran at the Chestnut. For some time there has been a want of harmony between the author and manager, and this week the trouble became more serious in consequence of the fact that: Mr. Rosenfeld bad arranged that on Wednes- day evening next,.after the twenty-fifth representation of “Dr. Clyde,” there should. be given on the stage of the theatre a collation to his ‘friends, and to this Gemmill objected, and finally refused, Rosenfeld admission to the theatre. A dayor twoago Rosenfeld wrote Gemmill a letter, in which he said: “ Your present remarkable conduct makes it incumbent upon ‘me to ¢e- mand of you a written refusal of your stage for the 21st inst. Though morally and le- gally there isno need for any such conces- sion on my part, I shall abide by your writ- ten answer. In that case I shall send imme- diate word to| all: friends and members of, the press who have been invited as our guests, and' change the scene of. our gathering to the west end, stating, of course, why the program has been altered. I giva you till to-morrow morning for your final and - positive answer in writing.” dl Last evening Mr. Rosenfeld was ejected: from the theatre, and this morning he had a. warrant issued for the arrest of Mr. Gemmill” and the gas man of the theatre. Mr. Rosen- feld claimed that he was assaulted by Mr. Gemmill and his employés, and, in the pres- ence of the audience, ejected bya police- man, whom - Gemmill bad called in from the street. His - seat: Mr. Rosenfeld __ say he had bought at the box-office, because Mr. Gemmill would not otherwise admit him into the building, although he has purchased the entire right of the theatre for the next week. He says- that he was. roughly handled, his eyeglasses Rugers almost fractured uring the troubles rracturet @ tron! :At the hearing today Mir. Rosenfield testi: fied that last evening he bought a ticket of admission to the theatre, and went into emmill’s office and asked him af he. had. im. feld to go out of the office at once, * Then,” said Mr. Rosenfeld, “ because I did not leave quick enough to suit him, Mr. Gemmil}; pushed me out, and after I had taken a seat in the office he called in a policeman and had me ejected.” 2 Gemmill’scounsel cross-examined Rosenfeld closely, and during the examination the latter gentleman became excited and_answered the questions in the most emphatic manner, il- lustrating on the person of his counsel how he had been assaulted, as he said, by. Gemmill, the policema and the ushers of the theatre. He acknowledged that he cried murder when he was taken hold of. Counsel on both sides made speeches, at the conclusion of which the magistrate decided that Rosenfeld had no ng it to intrude upon Gemmill in his private office, and that Gemmill had a right to eject- him. Gemmill was then discharged. Manager Gemmill is out ina sfatement in which he Sass. the fact is simply this: “Mr. Rosenfeld has tried to run the: wholo theatre, when his rights as an author are only such as are granted. by: the courtesy of the manager. Ho ran in and out of the place, and into private boxes even when other parties had occupied them, and made himself obnoxious in vari- ous ways. He: inserted advertisements in newspapers without consulting me, and or- dered a number of posters with his name in large letters without mentioning the name of a single member of thecompany. In fact,he took liberties of all kinds in the management of the piece. I gave him more showing than I ever. gave an author before or will again. I have had nothing to say to Mr. Rosenfeld since Tuesday. He advertised 2 matinee in New York on Friday next, with Sidney Rosenfeld’s ideal cast, without consulting me or ob- taining my consent to allow the company to go to New York. Why, he has not even se- cured a theatre in New York in which to produce the piece. He first told me he bad the Park. Then he said he had the Fifth Avenue, and next it was the Lyceum, and so on. Then he advertised a special matinee at the Chestnut on Thursday. I knew nothing about that, either. The first I hb of it was when I saw the . adver- tisement. Of course I will continue ‘Dr. Clyde,’ upon the- boards next week, as I will not break my contract, but the New York matinée or the Philadelphia matinée, as an~ nounced by Mr. Rosenfeld, will not come ‘Nevertheless, Rosenfeld says they willcome off, and Wil on Monday bring a civil suit | against Gemmill for damages. STRIKING COAL-MINERS. . The Operators Along the Pittsburg De ‘vision of the Baltimore & Ohio Baile road Concede the Advance Demanded by the Miners. Special Dispatch to The Chicago Tribuns. PrerspurG, Jan. 1%,—The striking coal- miners have received considerable. encour agement to-day, a break having taken place among the operators along the entire Ine of | the Baltimore & Ohio Railroad. The first to pay the demand and to sign the scale was Cc. H. Armstrong & Son, whose works are lo cated at Armstrong Station. This was fol- lowed by Carroll & Dunn, of Alpsville. Then followed in succession the works of the Osceola Coal Company, at Osceola Station; the Waverly Coal & Coke Company, at Smitnton; and N. J. Bigley, at Alpsville. Thisincludes all the workS on the Pittsburg Division of the Baltimore & Ohio Railroad. Operators on the line of the Panhandle Railway report that the strike continues uochan, and. that they are as firmly as ever resolved not to pay the increase or sign the scale. It was reported this afternoon that one or two of. the river operators had acquiesced, but q failed to confirm the report, One or two additional factories suspended to-day on account of the scarcity of fuel. It Hs thopgut that, if the miners hold out as they fey will, the operators will be compelled to yiel a —— 1s COMING WEST. ‘Spectal Dispatch to The Chicago Tribune, - + Torepo, O., Jan. 17.—It has become pub- licly known to-day that George Milburn, original proprietor and President ‘of the’ Milburn Wagon Company of this city, has’ - sold out all his stock in the concern to the other Directors, and intends to engage in a similar enterprise in the West. The estab- lishment was one of the largest in the coun- try and very profitable. It is understood that the illiberal policy of, the city in regard to equalization of taxes, etc., has influenced this action. ‘The works will continue the same as before. ST. LOUIS’ AMBITION. Bpectal Dispatch to The Chicago T: Sr. Louis, Afo., Jan. 17.—An effort prom- ises at last to be made actively to secure the National Democratic Convention for St. Louis, the Democratic Central Committee meeting to-night and adopting a resolution calling upon the member of the National Committee from this city to work to thatend,. The Missouri Congressmen are also calied upon to aid him. Some time_ago leading local politicians asserted the Convention to be sure for this city, but of late apprehensions have been expressed regarding both the ri- valry of Chicago and Cincinnati. VICTORIOUS SALOONKEEPERS, Spectal Dispatch to The Chicago Tribune. ~.. ToLEvo, 0., Jai. 17.—For several weeks a. war has been going on between tha city authorities and saloonkeepers, which to-day resulted in a victory for th3 latter. Jan. 1 an ordinance went into yi saloons to close at 11 Orclock e. a airing has been generally observed with the excep- tion of a few test cases. These'came up be- fore the Police Court and toes the city, @ decision was SEEN imeem * ~ More health, sunshine, and joy in Hop Bitters than in all other remedies, . oe