Chicago Daily Tribune Newspaper, April 13, 1880, Page 1

y ( «the € itago Daily & i VOLUME XL. ‘ DRESS GOODS. SPECIAL = OFFERING ‘THIS DAY. 100 PIBCES Natin Brocades ALL COLORS, DESIRABLE STYLES, $1.50 a yard, Would be good value for $2. Our assortment of NOVEL- TIES in better goods is positively the largest ever shawn in this city. Inspection solicited. Mandel Bros., 121 & 123 State-st. Michigan-av. and Twenty-second-st. PROPOSALS, * ' “FOR SALE- Chlcago:Gas Light & Coke Co. Benlod Proposals will ba recolvod. by this Company Zor the purahaso vf the Coal Tar jeoduced by them atthets North and Houth Biutons {Gru perlod of one * rom Apr in making bids tho price namod ‘must bo by the ual lon at thy Stations, and payments to bo mado monthly. Hones will bo required for the faithful pur= formunvo of thu contruc ‘ All bids must bo sent to the OMlce of te Company ‘cha Conipany will require 1 vumiciont numbor of feed. sound barrels to be constantly supplicd at onch MAUD, In which tO remove the Tars the birrols aM soon aa filled to be removed from the premiaos, atte, Company reserve tho right to rojoctany and sor any furthor information Inquire at the Ofico of F Seecon eae B.D. WATIINS, Pres! Chleazo, April 9,190,” pile CO KENT. TO RENT, IN THE e ® Tribune Building A large Corner Office, with Vault,‘on the Second Floor. Apply to. “+ AWM, C. DOW, ‘ ~ Room 8, + or + Wino Offices, stnte sind en auto, Yo Vakesids Building, 8. W. cori Clark and Adams-xla, Finost location in the city for Lawyers, Possengor ol hi le EIR a aa anti, woeeed OF Hous ADDIP at ‘ BICKCLES, (elcrated Bicycles, THE STANDARD OF BXCRLLENCH IN A BI-- CLE, Kxtreme rigidity combined with modornta Wolaity to wulndon of the rider from all metniia ‘Nibration; ease and powor of running; closeness of ‘build and oleyance of furins bent matorinis and work- lanship., Wu claim thut the combinauon of patents Of which’ wae control the monupoly {s nucessary ts yenlse tis high atandard, and that without them itis Hposalbs to nipks the best Hicyole in the market, pity Mustrated price-list free on application, 8 dorms to Aoourlcan purchasars: iret-alaas Agents wanted throughout the Union, ‘The Coventry Machinist? Company Tim'd, Coventry, Eogland, ‘The original makers of tho Hloycio In Great liritain. London Ontces, olborn Viaduct, E. C. ¢ OPTICAL GOODS, Fine Spoctacion sulted ta, sighta on sctentifia Principles. Opera and ie Eluscapos, Hatgiaoturs, ote. WINANCIAL. WONEY To LOAN AT @ PER CENT, We have somo $15,000 of ols Special Fund still un= 1d Aigsaps, Toluscupes, Stl- Syprepriatad, which we cen load on choice Improved Uy ital teat Teed Gueht Zayas 88x poy cen, in sums to wull BOE TURNER & BOND, 102 Washington-st. STATIONERY, xc. Spent temeaen meme ena rae pee eel BLANK BOOKS, syghTARONERE AN ERLETING, +The J Ae AY! SOMA piatonesy and Petnting Co; - Monroe and Dearbum-s! CELLULOID Goons. . CELLULOID (Water-proof Lin- en) Ouffs,Collars,and Bosoms, Price’ Lists and Goods sent by matt. Cait or address BARNES! Hat Store, 86 Mudlonrats Cribune Bullaty. WASHINGTON. The Ute Agreement Bill !s Finally Passed by the Senate, As a Reward of Morit to Those Treacherous Indians, For Having Engaged in Massacre and Open Hostilities to the ~~ Government, Probability that It Will Be Modi- fled on Reaching the House. Another Day of Debate on the Riders to the Army Appropriation : Bill, In Which the Democrats He- frained trom Taking Any Active Part. Secretary Evarts Transmits His Report on the Chinese Treaty Negotiations, Which Contains Nothing New or of In- terest on.This Important Question. Congressman Hurd’s Plan for Forcing Canada to Agree to 0 Reciproo- ity Treaty. THE UTES. THE AGREEMENT PASSED. Special Dispateh to The Chicago Tribune, Wasintnaton, D, C., April 12—The Ute, Agreement bill passed the Senate this after- noon, after haying been amended in several Amportant particulars, Mfr. Teller got in an amendment giving the Comuisstoners tho discretion, In settling the Indians on thelr new lands, to send all those who so desired to the Uintah Reservation in Utah, Tho.bill provided only that the White River bands should bo sent thore, Senator Morgan offered an amendment, which provides that if the agreement is not ratified within four months after the passage of this act it shall bo of no effect. This amendment, was further amended at tho inatance of Senator Ingalls, by. adding .a proviso that in case the Indians refused to: ratify the agree ‘ment they, shall-bo protected In the reserva- ‘tions by the power of* the United’ States army. - Another arendment -was that Utes guilty-of participating:in the: Meeker: mas- wAere shall bo surrendered before any por- tion of the moncy mentioned in tho bill shall bo pald to tho Indians, ‘ MI TELLER, who has opposed tho bill from the start, sald to-night that in his opinion the bill isa very bad one, and that it is not calculated to do justice elther to the people of Colorado or to tho Indians, Ife thinks tho location of In- dian Iands {n the mldst of 2 mining region Is an unwise one, “Wo havo disrupted the tribal relationy” he sald, “without providing anything {nits place, Wo subject them to our lInws when thoy are in no condition to understand: them and submit to them. They are polygamists, and wo put them down among our eltizens without making any provision to cure the evil of thelr marriage Jaws, = Ourny himself has ten wives, and so with all the chief, That is why thoy are so popular with our Mormon friends in Utah. The tribal relation ought notto be dissolved. To bring them within the laws makes citizons of them and gives tham aright to vote.” Mr, ‘Teller said ho thought the effect of the Morgan-Ingalls niendment was to nnilify the whole bill, as it would be easy to have a postponement of the ratification of the agreement for four months. ‘The bill appropriates $400,000,"* sald Mr, Teller, ‘and wo agreo to support the Indlans indefinitly, WE GIVE [IRM LAND in saveralty; we exempt those lands. from taxation, and at the same thue provide that the non-intorcourac Inws which govern our relations with the Inullans shall remain In fullforce; that 1s, a white man can have no dealings with them without tho consent of their Agent, And all this fs done for tue Utes. Why? Because thoy went to war, violatad thelr treaty obligations, and whipped us In battle, Capt Jack, who led {fn the Thornburgh massacre, and who came on here, has been made head Chief of the White River Utes over Douglas, who was g yee man until the battle was Inevitable, What ts tho whol6 effect of this bill? Why, to mako these Indians more comfortable than thoy havo ever been, ‘They have sold tholr lands, but that is nothings thoy will continue to hunt over then iis anne AS usual, They get n large sim of money and many presents; they are allowed to rotaln thoir ponies and arms; they are furnished with new homes; and all this because they went ’o war, Tho Ulntah Utes, who kept at peace, aro almost atarving. They aro getting the reward of virtue, ‘What must be thelr conclusion? Why, that waris a good thing, and that peace ts not. When the money Is gune and the presents are worn out, and the now farms become hunted over, these Utes will take to the war-path and conquer yet larger concessions from what they firmly belleve a weak and yuelllantmous Government.” scnunz's VIFWS. Mr, Schurz sald to-night that he has not scen tho'bill in ita amended fori, and would not, of couras, like to express an opinion about ity but, from what ite could learn, he helloved {t was not materially hurt In the Senate, He ts of opinion, however, that It will be considerably modified In the House, Aen ay badass SME i re le bill out of the wreck, evar THK DEDATE, To the Western Asoctated Press, Wasimnutos, D. C,, April 12.—In the Son- ate thin morning, the Uto bill was taken up, Mr. Tollor moved to strike ont the clauses exempting from taxation for twenty-five years lands to bo held by the Indians In sey- eralty, Mosora, Ingallgand Thurman opposed the pinersinent, and it was rejectedyeas, 5; nays, ‘Mr, Morgan moved to.add tothe billa pro: vision that If the apreainent be not ratitiod within four montha after the passage of the the saine shall cease to be of eifect after date. He thought tho oxponse of the 8 ’ Gommeaton sliould not be continued In- definitly,» Mr, Ingalls moved to amend the amend- ment by providing if tho Utes fall to ratify the agreement the United States will pro- tuct thelr righta In their reservation. ‘Tho amendjnent as amended was adopted, tn beth moved to adda provision, thse nothing hu the.bill shall prevent tha settle Taunt of the Sihuhern Utes or Uncompahgre ted on the lands of the Ulutah Reseryaiton, ‘Utah, If tho” Indians destre to settic there, Adopted, Mr, ‘Teller offered several other amend- ments, whieh were rejected, . Mr. Plumb offered an_ amendment Mmit- ears? the during which the Gov. ernment shall support Utes “ until they shall he able to support themselves.” Ie thought the bil encouraged shift! oh in the debate on this nmendinent, which was rejected, Mr. Ingalls sald it was er- roncous to call these Indians paupers, If left alone, thoy would be very rich, Mr. Thurman held that the bill, by bringing the Indians under Federal Jurisdiction, imade them eftizens under the Constitution, and tt was hiconsistent to exempt them from taxa- tar and otherwise discriminate In regard to hem, THE YOTR. The billwasthen rénda third thie and pagsed,—yens, 37; nays, 10,—n follows: YEAS, Alllson, ee. McPherson, Anthony, Gordon, Maxey, Hallay, Hampton, . Morrill, Rayard, Horeford, Peniteton, Blaine, Hill Colo.), Pryor, Blatr, Ingalls, Rolling, Bruco, Johuston, Saunders, Burnside, Jonas, ince, Call, Jones (Fla), Vest, Cameron (Wis.), Kernan, Yoorheos, Cockrell, Lannr, Walker, Coke, MeMillan, Wiilums—37. Farley, m NAYB. Butler, Honr, Slator, Cameron (Pa), Kirkwood, Toller, Davis (W. Va), Morgan, Thurman, Futon, Platt, Wallnee, Hamutda, Plumb, Winduin—16, Gurland, THE PRINCIPAL AMENDMENTS to the bill during the debate were as follows: Striking. out the reservation regarding tho giving tip of gullty Indians, which permits he act to go into effect if the President “shall ba convinced that every possible ef- fort to effect such surrender has been made,” thus making their absolute surrender a con- dition precedent to the payment of the money appropriated; devoting $10,000 to the indus- trint education of youths; Increasing from $400 to $600 the annuities to Mrs. Meeker, ‘Miss Meeker, and Mrs, Price, and from $200 to $800 that to Mrs. Post; providing that the act shall cease to be of effectand the Indi- ans to be protected in their presgnt rights If the agreement fs not ratified within four tnonths after its approvals allowing the set- tlement of any Indinns on the Ulntalr Reser- vation if thoy wish to go there; and provid- ing that no Indian shall’ be compelled to re- move from lands clalmed in soveralty under former treatles, * THE ARMY BIL. YESTERDAY'S DEBATE, Speeta Dispatch to The Chteago Tribune, Wasitrnaton, D, C., April 12.—The Houso debated the politicn! ridegto the Army Ap- propriation Dill to-day, and closed the gen- eral debate. ‘Tho Democrats were stil una- hie to trust themselves to the assaults of the Republicans aud unwilling to answer the arguments, and, unable to endure the snecrs, they took themselves to tho cloak-rooms, comimittes-rooms, and corridors. The Re- publicang nceordingly spoko to empty benches. A speech at avacunm is some what {dlo declamation, and, although the speeches delivered by the Republicans to-day are fullof sound logte, constitutional argu- ment, and good sense, this day could searce- be vatled 9 field doy, i Mr. Butterworth, of Ohio, opened the de- bate, making a point that the thing Intended to bo prohibited by the political rider docs not tn fact exist: He, too, ridiculed the Democratic policy of milence, and said that when tho time came that they would want to speak they could not be-heard, . ‘The real ob- ject of tha Democrats he charged’ to bo to strike at the Hberties of the people. F THERE WOULD NEVER DE aneed.oftrvops at the polls, he sald, when tho Detnocrats In the South are ready to give what thoy dre always asking of’ others,—per- feet liberty of speech and thought. = * - Mr. Brown, of Indiana, read a enrefully- prepared speech, in which he malntained that the Presidént has the right to use troops. to prevent disturbances at the polls, Mr. Dunnell urged that the Democrats | were responsible for consuming the time of the Ifouse by presenting polltical riders, and pointed toa long list of fiportant bills on the calendar which might be considered but for these persistent efforts of the Domocrats to Incuinber Gn appropriation bili with po- litical legisintton, A number of amendments wero offered, designed to modify the effects of the bill or tocommit the Democrats to contradictory propositions, but. thoy wero all yoted* down ya parlisan majority. Hobeson's amend- ments providing that laws shall not be con- astrued to provent any cltizen or person in the service of the Government fram asalsting clvil atticers in tha oxccution of lnws when properly called upon, wos defented by a yote of 87 to 7% ‘The Democrats, tu fact, voted down the Constitution of the United States by refus- ing an ninendmont which provied hat the Jimitation upon the President for the use of troops shonltt bp g walted by fhe words ras cept ny authorized by the Constitution of the hited States.” ANOTHER AMENDMENT, offered by Nobeson, providing that the law should not be held to Interfere with the con- stitutional right of tho President to, take cara that the laws are executed, or to use therefor elvil officers and all the powers of the Government necessary to secure the faithful execution of the laws of the United States, and to keep peace for that pitrpose, was voted down, Ailes one tunendmont, whieh provided that the law should not bo construed to prevent the use of troops protect against domestic violance, on application of the Legislature or the Governor, was adopted, and nt Inst Mr. Spark's amendinent, characterized by him- selfas “a tame and coward]: was adopted and the Committee rose, and the previous question was ordered on the Dill. THE DENATE, * To the Western Associated Press, Wasninarton, D. 6., April 13.—'T'he Tlouso went into Committees on the Whole (Springer in the chalr) on the Army Will, ail genoral debate to be closed in three hours. Mr. Price contended that the proposed amendment was as utterly harmless and votd of (| point 4 auiything could be, ‘There was nothing in Mr, “iutterworth thought tho pending ucstion was not of such unimportant dinen- sions ax to deserve Mr. Frye’s characteriza: tion of o mouse, Tie enlled the attention of \the gentleman from Maine to the fact that his own State within the last six months had been driven to the brink of revolution by o much smaller mouse. Last yoar the Demo- crats had brought in this amendment, which had been susceptible of divers constructions, ‘The Republicans had placed ono constric- tlon on the amendnent, and had accepted it, and tho Preatdent had approved tho bill, 'The construction put upon it by the Preshtent and that upon it by the Democratic party was as widely different ag possible. Now this amendment came in again. Waa the Demo- eratle party trylng to play A THICK UPON THE PHOPLE? It had power to make plain what it intended, and yet it remained ailent, ‘There were two prposes enntalnedd in the umendinent: If jt wore adopted it was proposed in this Chamber in 1581 to count In 9 Democratic candidate, whether he was clected In or not, If it stumbled on the rock of Exeautive veto, as It -ought to, beenuso<t was x trick and snare, what next? ‘Then §t would bo pro- claimed all over the country that the Repub can party was In favor of bayonets at the polls, ‘Tie tinea would never come when onest, Intelligent Northerners could bo con+ di there was any danger ta that regard, to the romark imade some tle alnce by Mr, Gux, that the Supreme Court was packed, ho sald that that remark would not hurt the Judiclary, inasmuch as the dui could ‘shake off thelr clothing the hundreds or more of liliputian statesmen who ran through ft. In conclusion, ha said that In order to inake the awendment plain he would at the pro r tine offer umendments providing that e bill should not be construed to forblit any cillzen of the United States, or any per- son fn Ita service, from assisting acivil oflcer. of tho Government in the exesution of the JaWu, nor coustrucd aa as to ailect tho right “the provision,” « + $700,000, and loaned TUESDAY, APRIL 13, 1880—T'WELVE PAGES. , to employ any, part of the army or navy to execute ‘the Inws ‘In such. enses as that employment may be authorized by the Con- slitutlon or acts of Congress; ‘and providing, further, for the punishinent of any man who uppronebes the polls with guns, pistols, or other deadly wanpons. MIL, MAYNE contended that the amendinent would have the legislative effect. lntended«by It, nid no Court would give any other construction to it than tint ft was intended to provent tho use of the Bruty to keep peace at the polls at any election held within any ‘State. The amend- ment would afford a we ext for throw- Ing out the vote of ‘Staths at the next Pregitentint election, and for that reason ought to recelye the opposition of every man who wished tho Inwaexceuted. He believed if the amendment becawe x law, and the President shoul! employ the army for the purpose of keeping pence at the polls, he would violate the law and violate hls onth of oftice, : MR. BROWNE, : sald the Demoeratle party, having fatled in {ts attempt to pass the Government over to the rifle clubs and Ku Klux of one day, and that day election day, had conceived ascheme whieh, without repealing the election laws, made them nugatory. ‘Tu attark a measure in this way was cowardly. It was cowardly to nttennit to prevent the wnforcement of beneficent statutes by denging the means essential to thelr execution, *[t was eoward- ly in that Jt attempted to disgulse its purpuse in its verbiage. . MR. WILLIAMS (WIS,) did not. bellove it was time to Indulge In Jokes when a question involved the consti- tutional powers of any departinent of the Government. Ifthe Republicans claimed tt was an attempt to coerce the President, tho answer would be the President had already signed a Dill contaluing the: antendment. But if they took the position that this amend- ment strick at the root of the Executive power, they would stand ona firm founda: thon of, granit, and might sustain themselves against the workl. Ile appesied to every Republican to py now, henceforth and for- ever, that until the laws of the Government were oboyed he would, by no vote of his, abate one fot or tittleof the Executive power, iet Republicans mako up -thelr minds that victory must be won by sturdy, hard blows, and that concessions ta-Democrats would never win Republican victories. Mr, Cowgill, in vizorous terms, spoke fn opposition to the amendment. Mr. Dunnell also opposed the amendment. He said the American poople had become tired of politieal riders on appropriation bills, No party had ever received moro de- decisive and emphitic condenmation at the polls than did the Democratic party in No- vember Inst, i ‘The general debate hore closed. BEVERAL AMENDMENTS swere then olfered and rojected, among them the following: é Mr. Keifer. offered an ameniment to an amendment by adding the words “except as authorized by. the Constitution of the United States.” Rejected—i to ws. Mr. Willinms (Wis.) moved to amend an amendinent so as to prohibit the use of troops Instead of ordinary ‘elvii pqlice force. Re- Jected—t0 to 90. - ‘ Mr, Butterworth offered an amendment providing that “nothing herein contained shall affect the right to employ sny part of the army or navy to execute laws in such eases 18 such employmentinay beauthorized by the Constitution, or byanact of Congress.” Kejected—55 ta Bt 2, Mr. Sparks’ amendinentywas amended on motion of Mr. Hurd, by adning to Ita proviso that it “shnil-not be construed to prevent the use of troops to protect ngulnst domestic violence on application of fhe Legisiatuto of any Stnte, or of the Executive when tho Leg- islature ennnot be convened.” 2 The amendinent ns‘ thus amended was adopted, and the Coninitttee rose ant reported Hl and the aniendments'to the Houno. Tho mein question was.ordered, and tho Tlouse pdjourned., oh _ CHINESE. IMAE NOTHING NRW IN EVALTS! NEPORT, . Special Dispatch: to TheiCntcago Tribune, * Wasmuinaton, D.C, April 13.—Secretary Evarts bas finally sent tot the Houso his answer to a resolution of -hiquiry relative to the negotiation ofthe Chinesa trenty sent to Itin many weeks ‘ago. The reply could have been written in twenty mimtes, and contains no information of which the Department was not in possession when the resolution was first Intraduced. Mr, Evarts simply says that negotintion was delayed beenuse the Tous Kept Minlster Sewarst in this country, and thatsinee his removalrnew efforts have been begun, which promise success, ARCRETARY UVARTS’ REPORT, Wastrnaton, D.C., Anril 19.—The Prest- dent transmitted to the Ilause of Representa- tlves the report of Secretary Evarts in rela- tion to Chinese immigration, Seeretary Evarts says ithat April 23, 1879, whon tho American Minister was about to return to his mission in Ohina he was sne- elatly Instructed that asthe Chinese Minis- ters In this country were.understood not to have been furnished with powers or instric- tions to treat in regard to questions growing outof the presence of thelr people in Callfornin it would, be necessary to conduct the negotiations.on that subject In Peking, ‘The character ofthe Chinese move- ment toward our Pacitie const, and the can- traet syatom under which much of it was be- Ilgyed to be conducted, . was specifically called to hia attention, and ho was {nformed that the Government shared the approhen- sions entertained on the-Pacife const that social and politleal derangements must re- sult from an excessive Incrense of that peo- ple, Ie was Instructed to press earnestly on ie Chinese Government tha grounds of that apprehension,. and invita oa fall and frank discussion a8 to the proper course of negotintion to relleve it; but, as our own people resident In China enjoy nny important treaty privileges, and as It'was desirable to work out the results sought without disturbing the gaod fecling “now existing between the two countries or impairing tha opportunities and prospects: fnuring to us under tho existing treaties, he was directed to asecrtaln with preeiston the disposition of tho Chinese Government and to give assurances which would enable us to proceed with such further negotlations as inight be deemed necessary. SUPREME COURT. IMPORTANT DECISION, Wasmtnatoy, D, C,, April 1.—A decision waa rendered by the Supreme Court of the United States to-day in the caso of George I. Ketchum et al. vs, ‘fhe County of St. Louls, intervenor, brought here by an appeal from -the Clrouit Court of the United States for the Enstern District of Missourl, The Court holda, first, that the nct of the General. As- sembly of Missourl approved Jan, 7, 1865, under authority of which the County of St. Jouls Issued its bonds to the extent of them to tha Pa- elfic -Railrond Company of Missourt, created, when accepted by the Rail-. road Cémpany nnd county, an equitable en or charge In favor of tho county upon the earnlugs of the ratlrosd to an extent necessary to meot the Interest upon the bonds ns [Ee should becoine due, such payinents and len to continua until the bonds should bo pald of, Second, that this. equitable lien or olargo oxists, and is enforceable against tha funds In the ‘hands of the Receiver against the purchasa under decrea of foreclosure h yfore rendered, and againat whomso- over nny hold the property or have the cus- tody of Its earnings, ‘The Judgment of the Court below Is afirmed, Justice arian de- livered the opinion, dustices Strong and Bradley dissenting, MANDAMUS REFUSED, ‘Tho Court also rendered a dcelslon in the gaso of Frank J. Bowman vs. Edwarg A, Lowis et, al. Appeal from theSupreme Court of Missourl, Bowinan, the plalntif jn error, an attorney-nt-law residing in St Louis, waa disbarred by judgment of tha Ciroult Court of that city tor wnprofessionnl conduct. - Ho appealed to the St. Louls Court of Appeals, whera Judgment was allrmed, The present: action was brought to obtain 9 mandamus frons the Supreiue Court of Missouri to the St. Louls Court of Appeals, directing the lat- ter to allow Bowmun to ppeal to the former, Yhe State Supreme Court dented tho writ, and {ts judgment [s here aMlrmed, A QUEER CASE, No, Sh ‘The First Natloual Bouk of Cig- ATION. |” elnnat!, appellant, va, Fred K. Burkhardt, Jn error to the Cirenit Court of thy United States for the Southern District of Ohio. Jsurkhardt, defendant in error in this case, entered Into an agreement with the First Na- tlonal Bank of Cincinnati to guarnntes tho payment of any future indebtedness of one John Cinnamon to the bank to the extent of $50,000, or, {n other words, to make good to the bank any Joss it might thereafter incur hy renaon of its dealings with the customer whose credit was thus guaranteed, On the afternoon of the day when thls agreement was entered Into, but two hours before Sts netual execution, ane of the customers of the bank offered for deposit to his ‘own eredit Clinamon's check for 000, ‘The check was taken by the teller and Intd naide with a slip to show to whose credit It should bo placed. Cinnamon eventually failed to pay his debts to the bank, and the bank now: Rceks ‘to make Burkhardt Hable under his unrantee for the amount of his check.on the ground that, although tt came into the bank two hours before the agreement be- tween Burkhardt and the bank was signed, it did not become neredit to the customer or debt against Cinnamon until after the close of banking hours, when the accounts of. the bank’s customers were examined, and. all checks which were not good returned ta the persons who had offered then for deposit. This, platntif®’ in error’ maintains, was the general custom of Cincinnatl banks, and was understood by their cttstomers, ‘This Court holds that general usage may he proved in proper cnses In order to remove ambiguities and uncertainties or connect In- eldents, but it cannot destroy, contradict, or change what is otherwise clear, Where tha Intent and meaning of partles are clear, evidence of nsnge ta thecontrary Is Irrelevant and unavailing. Usage cannot make a con- tract. where there in none, nor prevent the effect of settled rules of Inw. In the present case the contract between the bank and its depositors was clearly coniplete and Irrey- oeable when the check was delivered by the Intter and received by the former. If the bank proposed to hold the check on cop- ditions, tt should have told the depositor so when ‘It received It, and thus have iven hin an opportunity to. do with tas he thought proper. ‘The delay until after banking-hours might have caused him to lose the whole amount, when, with timel notice, he might have saved it, Under such circumstances, It would have becn contrary to the plalnest principles of reason and justice to permit the bank to shift the burden of the loss from Itself to the Innorent de- positor. The judgment of the lower Court is affirmed wi ‘oats anid interest, Justice Swayne delivered the opinion, BOND BUIT. No, 128, Charles E. Anthony, plaintiff in error, ys, The County of Jasper. In error to tho Cireult Court of the United States for the District of Missourl. This was nsuit brought upon the interest coupons of certain bonds {sstied by the Coutity of Jasper under the Township Ald act of Missourt, tothe Memphis, Charleston & Northwestern Rail- rond Company. This Court tiolds that the bonds in controversy were Invalid, for the reason that they were not certifled and coun- tersigned by the Auditor of State, as re- quired by the act of March 30, 187 Judge ment is therefore affirmed with costs. Chief Justice Waite delivered the opinion. MISCELLANEOUS. No. 250. The Chicago & Alton Raflrond Company. apvellant,- va. Samuel H. Tur- rill, ant No, 251, ‘The Chicago, Burlington & Quincy Railroad Company ys, Same,’ -Ap- peal from the Cireuit Court of the United States for the Northern District of Mlinols. Deeree of Jower Court attinmed with costs, Chief-Tustica Waite delivered the opinion, No. 43, Portia Gage, appellant, vs, Patrick Carraher. Appeal from the Circuit Court of the United Sintes for the Northern District of Illinois. Order*remanding the case to State Court affirmed on authority of Meyer ys, Construction Company, Adjourned, THE EXODUS. +. |. AN EDITOR'S VIRWS, - Waatrnaton, D.C. April 12—The Sen- ate Exodus Committee to-day examined Jolin Davis, eilitorof the Junction City (Kas,) Prit- ane,—a Greenback journal,—who sald thore was one discouraging feature in connection with the movement alrendy observable which was notanticipated, and that is that the ne- groes did not want to go lito the country to work, but sliow a disposition to congregate in the cliics and towns, This had cooled the ardor of many who at first felt disposed to assist’ the negroes, and some proininent men’ who were then In favor of tho movement now oppose it Tho genéral impression provalling now ninong many peo- plo is that tho negro exodus, if continued, will tend to divert tho tide of white emigra- tion from Kansas, and in this respect it fs considered a damage to the State, Mr. Davis thought the exodus will correct tho false tin- ression prevalent among the negroes thnt Tey can obtain a living in Kansas and other points north without exertion; that it will make the Northern people better acquainted with the character of tho ayerage Southern colored men, and that the South will sce, if they do not treat their laborers better, they will flee from thelr homes, The Committee will mect again to-morrow. NOTES AND NEWS. HURD HEARD FROS AGAIN, Bpectut Dispatch to The Chicago Tribune. Wasnrnaton, D, C., April 12.—Iepresent- ative Hurd, of O)ilo, to-day supplemented hls Dill of Inst week relative to the Canada Southern and Grand Trunk Roads by Intro- ducing another bill which imposes an ad valorem duty of 80 per cont on every car made in Canada transporting merchandiso Into tho United States, and also fn- poses a fine of $5,000 upon any United States custom offleer who shall seal a bonded car containing United States goods to be transported through the Dominion of Cannda. Mr. Hurd, upon belng inquired of as to the meaning of these bills which he has Introduced, stated to~lay that they were not of aapecutative character, as had been intl mated; that his whole object was to break down the Canadinn tariff, which finposes shnilnr obstructions upon our own cars and our own transportation companies, In the jyhone that he will be able to force Canada to consent to a reciprocity treaty. ‘ ‘THE KELLOGG CASE, ‘The scheme to oust Kellogg and steal his sent in tho Senate has virtually failed, and the Comuittes on Elections, with whom tho perpetration‘of tho outrage originated, fs re- ported to ba on tho verge of dissolution, Saulsbury, 11M, and Vanco are sald to foel deoply the humilintion of tho refusal of sov- eral Democratic Senators to sustain the ro- port of the majority of the Committee, and a rumor Is current to-night that if, as 1s now certain, a sufftclont number of Democrats combine with the Republicans to retain Kel- logg.in tho Senate, these three Senators, and possibly Baitey, Pryor, and Kernan, all Dom- ocratic members, will resign from, the Com- mittee, IIVERS AND HARUORS, Tho following aro some of the additional river and harbor appropriations that have heen agreed upon by tha House Commerce Committee, and will be Incorporated in the Rivor and Harbor bill; Ogdensburg, $75,000; Bulfato, 890,000; Erle, $20,000; Dunkirk, leago, $125,000;" Milwaukee, $10,- goo! . ‘Hole, $40,000 Sanduaky, $10,000; Lake Huron, $75,000; Datrott River, Osage, 375,000; Titack Lnko, $0,000; Gran sie Marvell Oy” an Parag H quel 3 i] Pak, Sigg ee r * sUGATL P Owlng to the absuncw of Mr. Randall Glb- gon, who has gone to tho bedside of asick brother, it is not Wey, that the Committes of Ways and Means will take any action on the sugar question unil his return, ‘Thts will occasion anuther delay, probably of about tan days, at thoend of wilch tine the ob- stryuct(oulats in tho Committee will doubticas: beable to furnish somo other pretext for further deterring a final decision of this iin- Portant subject. pee INTERSTATE aang ids r. Reagan ‘expressed htugulf. to-da: Velng quite confident of passing his Inter- State Commerce bill through the House. Other members of tha Committee ridicule the-idea that the measure can cominand any- thing like a majority, GENEVA AWAMDS, Senator McDonald, wishing to leave town this afternoon, obtained perinission to have the Geneve award taken up after the morn- tug business in tha Senate, that he might explain the’ bill offered by him-:-as A substitute for that reported from the Court of Claims, This substitute makes the first class of claims to be paid from the balance of the award, those resulting froin damages by Confederate crnisera heretofore ruled out. ‘The second-class claims to be pal allow 2 per cent additional Interest on former awards; and the third claas of claims are those which reimburse those who pall War premiums, Six per. cent Interest on. all judgments is to be allowed, Instead of 4 per cent here- tofore pald. Senator McDonald, fn a very able argument, reviewed the adjustment of national differences at Geneva and the subse- quent proceedings, ‘Taking the ground that the Award Fund {3% natlonal indemnity, collected by the United States ns a nation, from Great Britain a9 9 nation, all who have suffered Josses should be indemnified, and what may remain should be paid into tho Natlonal Treasury, NAVAL THANSPER, ‘To the Western Associated Frew. Wasminaton, D. U., April 12.—Commodora Hicholgon lng Been delneliod frit she ew ork Navy-Yurd, and Commodore Geor, L Cooper ordered to that command, ee MABREW REMONSTIRANCE. A.C. Solomon and Shnon Wolf, represent- ing the organization of the “Union of Aimer ican Hebrew Congrogations,” have presented to the Secretary of State a remonstrance against the Czar’s aD recent ernel dls crimination to the Jajury of Russinn Jews, ond usking that the Minister of the United Statey at the Court of St. Petersburg be dl- rected to inquire into the matter, and ff the reports be confirmed to enter a respectful protest in the interest of religions freedom and suffering hinnanity, as roflected In the Declaration of Lndepentence, SOUTHERN MOONSHINERS, Collector Clark: telegraphs from Atlanta, Gn. that a body of armed men burned the house of Deputy-Collector Stewart, of Fan- nin County, and wounded his son. Cominis- sloner Ram replied that crlines of assault to murder and arson are not offenses aginst the Internal Revenue laws, consequently the brigands muat be dealt, with by the State laws and not by the United States anthorl- thes. Collector Clark is authorized to render every assistance possible to the State ofll- cers In arresting the offenders, nein THE INDIAN BILL, the House Committee on Indian Affairs met to-day. ‘The items in the proposer AIK proprintion bill have been greatly cut down, and the Committee will recommend a large increase in many ftems. NOMINATION. The President nominated J. M. Bynum, of Rienzi, Supervisor of Census in the First District of Mississippi. DELEGATE DOWNEY, of Wyoming, has introduced a bill appropri- ating S50), for the purpose of having suit- able baintings of the life and death of Jesus Christ placed on the walls of the Capitol. TIE RECORD. BENATE, Wasinnoron, D.C., April 12.—Mr, Pendle- ton, from the Conference Committee on the disagreeing votes of the two Houses on tho Census bill, reported that the result of the conferency was that statistics regarding the ownership of the public debt be taken by special agents, Instead of enumerators; that coples of the returns be not sent to the offl- ,cers of various States; that Alaska be in- eluded In the censts; and that various other -jintnor changes be made in the bill, ‘Tho minount approprinted is reduced from &350,- 000 to $125,000. ‘The report wog Ini aside temporarily tu allow of its examination by “Mr. Edmunds, i Mr. Ferry introduced a bill to regulate promotion and fix the rank of Hne officers of the army. Under the call of the States, the following were Introduced; By Mr. Vanee—Defining and Mmiting the use of the Page patent. ‘The following is the text of the bill: ; ‘Tie tt enacted, ¢te., That theactapproved March 9, 1808, authorlzing tho Issue of a patent for an induction apparatus, or ¢ireuit-breaker, to Charles G, Paye shall not le construcd us vue thoriziug tho issue of nu patent for any invention upplicable to telegraph uppiratus, and any issue under color of thut act by lottors patont for nny sueb invention unpticablo to telegraph uppura- tus is declared null and yold, a8 contrary to the ineuntng und intention of tho act. By Mr. Vest—-To reduce tho duty on lead ore, By Mr. MeMillan—To repeal the Inw Im- ost a tax on the circulation and notes of State banks. Tho Geneva Award Dill was informal taken up for the purpose of allowlng Mr. MM jonald, who has to leave town tora to speak upon it. Mr. McDonald supported his substitute for the bill reported by the Commlt- tee an sudieiary. ‘The substitute makes tho first elnss of clatins those resulting from dam ages by the Confederate cruisers. Second elngs, claims for 2 per cent additional interest on former awards, ‘Third class, claims for relmbursement for war risks. It also allows Interest at U instead of 4 per cent on judg ments hureatter rendered, Me contended that the award fund ix a national indemnity collected. by the United States as a nation from Great Britain aga nation. 1t¢ was not merely an award for damuges, but the satis- faction of n National claim, Mr, MeDonald thourtt {¢ there was any surplus of the award after the payment of the claims indicated in his substitute, It une doubtedly belonged to the Government and should be turned into tho ‘Treasury, ‘The nward was to the Government as gutta the Government of Great Britain, ‘The Conference report on the Census bill was taken up and adopted, Tho President pro tempore declared the untinished business te be the Geneva Award bi, omwhich Mr, Garland hos the floor, Mr. Exton announced that ho would inoye to lay the Genova Award bill aside and take up the Consular and Diplomatic Appropria- tion Wl to-morrow, On motion of 3fr. Harris, the Senate ad- journed, 2 MoUsk, The Sennto bill passed appropriating $200,- 000 for the erection of suitable posts for the protection of the &lo Granda frontier, On motion of O, Turner, theSenute amend- inents to the House bill fora public building at Paducah were concurred in, r : By Mr. Phelps—Extending for three years from the ist of July next tho tine within which the npplieation for arrears of pensions may be filed, 3 By Mr, Chalmers—A’jolnt resolution in ro- lation to the purchase of United States bonds by the Secretary of the ‘Treasury, ‘Tho fol- Towlng Is tho text; . Winnas, The recent purchases of United Btates bonds by the Bocfetary of tho Tronsury have prixluced murked and eddon tiuctuntions in the stock minrket in Now York: and, Witkizas, Tho scerez manipulation of such purchases {a8 calculated to excite suspicions of atook-jobbing in the Dopartincits and to bring disoredit ou tho Govornuiont, ‘“ Reantced, That it shall bo unlawful for tho Svo- retary of the Treasury to purchase any bonds for the uso of the Government or for any sink ing fo without giving ane week's notlou by publication of time and pluce of the purchase, Bnd tho cauct amount of bonds to be purchased. By Mr. Hurd—Supplemental to an act to establish regulations as to imported goods hu nid, with duties pald. By Mr, Goddes—Proposing a constitutional amendment that no pense shull be cligible ’ the office of President for more than two arms, a By Mr. Goodo—Authorizing the S¢cretary of the Navy to sceure ndeguata conling sta- tons for the use of the navy at proper points on the Atlantic and Pacific Coast, Contral Aleérica, and American bitte By Mr. Martin—Permitting the uso of domestic materluls in the construction of steam aud soll vessels for forelgn account, Dy Alr, Callsle—Authorizing the Secretary of the ‘Treasury to refund to the Loulsvilie, Cincinnatd & extngtony Railroad Cowpany fe taxes collected In excesy of the amount’ due, r, Willits (Mich,)—T'o regulate pro: moe as a the anny, and.to fx the rank of ind officers, ¥ ee ? . _y Mr, Money--Regulating the eawpenss- Hor of the transportation 6 ef A by sale’, Hy Me, Warner—Authort Fy ‘Secretary of the Trenaury to transmit/a@ © dary silver coins Hurotels the mnailsast? = a jes initter: also, establishing a burg. imines’ ated mining manufactures ‘nod ‘auuation tn the Taterlor Department, aud ehmiging the desig. , nation of the Bureau of Statistics to thatat . the Burean of Commerce, . By Mr. Coffroth—Calling on the Secretary of the Interlor for Information as to tho de Toy fn the payment of bounties and back pay. hy Mr. Ainsile—Amending tho Poeite’ dtallroad acts, ‘3 % Mr, F. Wont reported from the Committea . on Ways and Means a Dill ‘providing for the male of the old Ppat-Oftice Building In New ‘ork. sists Mr. Townshend (Ill) objected to its con- altlerution, and I¢ was sent to the Committeo of the Whole. ‘The Speaker Iatd before the Jlouro a mes- sage from the Presidout, transmitting the re- » prt of the Secretaty of State relative to. hinese lminigration. Referred. ——— . FIRES. : AT LOD, Wis, Spectat Dispatch to The Cateago Tribune. ' Manson, Mis., April 12—About 4 o'clock ‘ this afternoon a fire broke out-{n the resi- dence of J. R. Colitns, of Lodi, Wis, Tho fireenught in the attic fron a burning chim- ney. A high wind prevatled at the time, and despite the efforts of the citizens the bullding., and a part of the contents were burned. Against the earnest protestations of: the crowd, three men, Messrs, John T’, Hidden, Jolin Rathburn, antl -Menry Harris, rushed Into tle burning biullding as the roof and ehiinney: were about to fall, and, rematnes ing in too Jong, they were canght In” the fall,” and | Messrs. Rathburn. anu Harris perished in the flames, Mr. Hidden succeeded in escaping from the ruins, but ts xo badby burned that it fs doubtful if he will Hive, ‘The bodies of the burhed men have ‘been recovered, . ' as Mr. Cob th The building was insured, but, Tits ie out of town, the loss cannot be es! mated, AT ORLEANS, IND. Cixerxnati, O., April 12.—A tire at Or leans, Ind., five miles south of Mitchell, on Saturday, burned the wagon and carriage factory of Merryman & Mallory, the res!- dence of Merryman, the residence of Mrs. Phelps, Thomas Lindsey's hotel, Mrs, Gray’s building, and Conder's’ livery-stable. ‘Total Joss, 814,000; insurance, $1,300 on hotel and $000 on Merryinan’s residence, IN NEW YorK, New Your, April 12,—Simpson, Crawford & Simpson's dry-goods establishinent, Nos, 205 to 800 Sixth avenue, was completely burned this evening, the clerk in'Iighting the; ans haying set fire to the drapery in the, show window, Joss estimated at $200,000; insurance, $180,000, ~ AT EASTON, KAS. eit Spectat Dispatch ta The Chleago THBune. Lravenwortn, Kas,, April 13.—The Mo: Dovitt House at Easton, this county, burned. to the ground yesterday, tho fire originating from sparks from a dwelling which had: previously burned... . : CHICAGO. ‘Tho alarm from Box No. 120 nt 6:30 lost: ‘evening was caused by a fire In the two-story frame building No. 1060 Wabash avenuo,, owned hy Thomas Keefe and occupied by” ; James Geary, Cause, a defective flue. Dam- age nominal, : ! AT ELGIN, ILL. Special Dispateh'to The Chicago Tribune, : Exary, Ill, April 12.—This forenoon Jos seph Jehl’s house and raloon at Byron were totally consumed by fire. Incendinrism {3 Suspeoted, Loss about’ $1,800; insurance,’ 2,500, . “AT PRINCETON, WIS. Mrmwavker, April 12,—A Sentinel Princes. ton (Wis,) special says a fire on Sunday aft- -ernoon destroyed the [ubbard House, Furn- er-Hall, and nine other buildings. Loss,, $10,000; Instrance, $2,500, AT NEW HAVEN, CONN. ~ New Haves, Conn., April 12.—Germania all burned, Loss, $80,000; insurance, $14,000. 5 GEN. GRANT. . AT VICKSBURG. 7 Vicxsnune, April 12—Gen. Grant and party arrived at 1 o'clock Inst might, and yisited the National Cenietery this morning avcompunied by the Receptlon Committee, Afterward he went to the Cvurt-House, where a welvome speech was made. Reply- ing, Gen, Grant expressed pleasure at the visit and reception, and knew nothing could again array the Blue against theGray. He belleved that a day of general prosperity was dawning, and that the next few years would do more toward making a united people than the past fifteen years had done, After the reception the company made a short excursion over the river, where Gen, Grant reviewed ‘the remains of his famens gaiial thw returner to dinner at Judge I. pead’s, The party left by special train at 7 o’clock to-night for Memphis, TIYE CAIRO RECEPTION. Sprctat Dispatch to The Chicago Tribune, Camo, IIL, April 12—A_ telogram was re- celved this morning by the Mayor and Chajr- man of the Citizens’ Committee from Gen. Grant, at Vicksburg, accepting the Invite tion to visit the city, and names the 16th or 16th inat, as the date of his arrival. Al- though the time fs short the people here will give hima magnificent welcome. ‘Tho State ofiicers ara to be Invited, and tt Is possible that a part of tho State milltin will be pres- ent. Iu will arrive over the Tron fountain Rallrond on a special train, and will leave here over the iliinats Contra! on a special — TIOME THIS WEEK, Speclat Dupatch to The Chteaga Tribune, GALeNA, lil, April 12—Gen. Grant, Mrs, Grant, and Miss Kittle Felt will probably reach Gatonn the latter part of this week. So snysn dispatch received from the party this afternoon, JOURNALISTIC, Lovisvinte, Ky,, April 13—The Evening Postand News, the only afternoon news- paper In Loulsville, was bought to-day by Col. Charles E. Scars, who subsequently dls-. pused of n portion of the capital stock to Mr. >. Edward F. Madden, Bath are Louisville parties, . ‘I'he Post and Nowe isa flourishing, wide-awake afternoon daily, whose Inte pro- priators ware Joth to soll, but were Induced so to do by the very liberal pricy paid thom, Col, Seurs iso gentluman of culture and ability, and Mr, Madden {s regarded as un energetia and popular journalist: a HEBREW UNPLEASANTNESS, New York, April 13—The tunerat of Fan ny Adier,. convert from Judaisin to Chiris- tlunity, was the scene of so much turbulence to-day in Allen street na to call for pollce intervention to disperse the crowd of excited Hebrowa. ‘The husband, who had also be come nu Cliristian, fearing violence, disap. peured yeatorday, and was not ut the funvru, Tho remains of the woman Wore tulcen to i Episcopal church, under an escort of police, eee : SORGHUM ‘SUGAR. : Bpectal Dispatch to The Caicago Tribune ‘ Exoyy, ML, Aprit 1.—Mnj, Bfalcohn Me s Dowell: bas made. arrangeieutp to erect a gorghuin mill nt South Kigiu in gine for the crop of cane thiy seayon, Abokt 300 acres’ willbo ralsed by farmers inthis vlelnity, who will recejye $3 per ton for the stripped cane, tnoutlaus of farmers willbe heldon Wednes- ta wake coutracts, ets,