Chicago Daily Tribune Newspaper, November 28, 1880, Page 9

a, BLANK BOOKS, &c. THE CHICAGO TRIBUNE: SUNDAY, NOVEMBER 98, Real Estate Wanted School Sites" ¢ Chicago of lors to 20) feet by a denth > fert, far schoo! sitea, in the vicin~ Wabash-av. and Twenty-sixth-st. Fnion and Eighteenth-sts. fenberry-av. and Fourteenth-st. Warren-av. and Oakley-st. Forthe Wabasb-av. and Twenty-sixth-st. location, ‘3 will be entertained of low anywhere within Mera bounded by Twenty-fourth-st, Twenty> Sinth-st- Dearborn-st., and Calumet-av, Rnd for whe Warren-av. und Onkles-st, location, atwhere within the district bounded by Washing pr Aaaus-nt.. Leavitt-s¢, and Western-av. Propnéein wo be aduressed fq'the Chairman of th Gaumiuee, on Buddines and Grounds, indorsed Sommieal for School Site.” “The Committee reserve dherigbt to reject any OF all proposals received at Sbelr discrution. W. CURRAN, M.A 5: E, DUNNE, GEOL. ARMSTRONG, eq fommittco on Bulldings and Grounds. 101 ress. 1 confidence, bune office. HOLIDAY PHOTOGRAPIY! CABINETS TF YOU WISH ARTISTIC tifully finished Photographs Ty of which fs kept up to the est standard uf excellence, you ‘obtain them at the Studio of team poz._| i reread CAB 75 Madison-st. iForthe NEXT THIRTY DAYS the jprice is reduced to only # a dozen. $ i NEVER MIND THE WEATHER. ‘Ournew lichtning process overcomes the diticulues of cloudy weather. Proof shown and ver voz. | Satisfaction @naranteed, —————————————e DENTISTRY. 133 East Madison-st, (RUBBER OR} Besi 1} CELLULOID, { $5 Gold, $10. Filling, 1-1 Old Bates, VITALIZED AIR (fr ene) civen free tor painloss extracting. 153 East Madison-st. Inventor of Lower Suction Plate, which sever loosens while talking or eating; 5 ears? actual test without a failure. MOLIDAX GOODS. TUIVERP, AHOYNES.CO. 22 elail Stationers and Dealers in Fancy Goods, 118 & 120 MONROE-ST. DAY GOODS, HOLIDAY GOONS ts now very. sin variety and elegance thst of We have a few Music Boxes which we offer very loy LARGEST STOCK IN THE OF HOUSEHOLD GOODS AT GOR DON’S, ITY OviNcTON BROTHERS & OVvincToN Wish to call special atten- tion to their exceptionally rich and varied stock of French and Saxon Bisque | Figures. All Novelties for the Holi- days, and Gifts for Weddings in large variety. IMPORTERS, [46 State-st, Brooklyn, Chicago. Pars TOPATHY. Dr. Clesson Pratt, Author of the Motopathic or Restorative System of Medicine for Catarrh and Throat, Diseases, PROFESSIONAL ROOMS: 243 State-St., CHICAGO. LOCALLY, the most painful and distressing cases of Catarrhal intlammaton are relieved at once by this treatment, Itsoftens the hardened secretions which obstruct the nasal passaces. speedily giving the Kroatest amount of comfort and reltef. {t deodorizes the ulcerated surfaces, removes the discharge, and restores the offensive breath to sweet- ess. ° It restores the sonse of taste and smell. loss of yalce, deafness, dinness of vision. and loss of mem- ory, When these are the results of Catarrh. CONSTITUTIONALLY, this treatment prepares the stomach for the reception of food. vitallzes nutrient matter, snd establishds perfect digestion, Itacts specitically upon the glandular system. espe- cinily the Liver and Kidneys, relteving the skin, and imparting clearness to the complexion. Itrelicves at once and radically cures Dyapopsia, Constipation, Nervous and sick Headache. all of which oceur from loss of functional activity. In tne, it supplies those elements which are always detictent in the blood of the Catarrhal subject, and upon which deficiency depends the Local Disease as an inevitable result, TESTIMONIAL. We. the nndersicned, from our knowledze of the practice termed Motupathy.establisbed und employed by Dr. Clessun Pratt, uf this city, for the care of Ga- id ‘Throat Disenses, do cheerfully commend aine to the attention and contidence of the pub- und, from our ecquslntance with Dr. Pratt and faithful manner {n-which be has discbarged his Professional dutles to us, both personally and profes- stonally. do we hope for bis encouragement aud con- uaued LCCE SS. Slned: une Nez the oun i Robinson, Krapk M. Smith, iam A. Butters, Be oO Hon. Robert 3S. Wilson, oe Cc Lanes 3, Ward Euis, Capt. J.J. Smith, 34. D. Brown, shel Gaze, Het . Le Brun, Prt,E Mt Bootn, Fa Sven ton, g £8 ‘And one hundred others, residents of Chiesx0: Reception Hours from 1Q to 12 and from 2 to 5. ncer, 202, 204 & 206 Randolph-st. Cash or Ensy Payments, THE ONLY RELIEF IS TO USE The HESS STOVES and FURNACES U5 La Chic 407050 PER GENT DIVIDEND. The subscriber having $8, invested ina well os- Bbished manu! me and jubbing business be- heves he can jay dbvidend te a_ partner who ‘Would invest £4)(01 Tite! specink, fad will confer’ with suc 3h thos will in= Yest &80 of more, with a view In latter case tu form ‘ibune office. a®ockcumpany. ‘Address A CARD. Arentiomar, who for many years has occupied a Tesponsibie position in eminent house in Chicago, will be open to an engaxement Jan. LISI. ‘Thor 1 gorhly familiar with the duties of Bookkeeper Prosashler., Hest pussinle refere 10 present em~ cr Joyers‘ang othe INESS need ei, Capitals! Aninterest ina first-class, well-cstablishod Manu- facturing Business. Will pay handsomely. HENRY WALLER, JR., 97 BDearborn-st. COAL. By action of the Chicago Coal Exchange, the price of Anthracite and Briar Hill Coal has been this day ad- vanced to $7.50 per ton. H. PRATT, See’y. Noy. 27, 1880. COAL! FRANKLIN FUEL COMPANY, 93 DEAR BORN-ST. FRANK W. BALCH, 2. PRAIRIE CREEK COAL. ‘The Finest [inots Coal in the market far Domestic and Steam purposes. Delyverer on railroad tracks in Chicagu in cur-lend able theures. Jor ELL, Streator, WL “THE DERI WROCWUTAROY WAR A FOR FIRST-CLASS HOUSES, Portable and Brick Set. Send for filus- ted pamphlet. c.W DUR. Letter, the Wright, ic G at Upon good city property or ap- Proved securities at low rates. C. H. FERRY, 86 La Salle-st. HOMEY 1) LOAN In sums of $5,000 to $50,000, improved City Property, at ¢ per cent interest. d that one connected, LANE BOCKS 4 6A4_ & DIARIES, 1881 sulted to all sizhts on sctentita nd Field Glasses. Telescopes, MI SET $8. Filling no fancy prices. McCHESNEY BROS. Cor, Clark and Randoiph-sts, racting. STORE Counters & Shelving STORE FIXTURES, TT! ‘Ri! GEO. E, MARSHALL & Co., Btati, ‘tioners and Printers, i & 163 MADISON STREET, GOR DON’S, 302, 204 & 206 Randolph-ste REAL ESTATE, Underground Activity in the Real-Estate Market. Remarkable Absence of ‘Speculation —Buying for Investment, Unusual Animation in the Other Leading Cities. Sales on Business Streets, Boule« vards, and Avenues. A New Theatre—Building—Street Im- provements—Miscellaneous. NO SPECULATION, BUT MUCIX INVESTMENT. ‘There were some large salesclosed ormade known last week. There were many more that were not published to the world. The most striking feature of the present activity of real estate is the complete absence of spec- ulation, Property is being bought, and paid for, and taken out of the market. Transfers are kept back till the Inst moment, because the buyers 7 WIsH TO BUY MORE. When speculative activity begins, as it may do in the spring, the absorption of cheap prices now going on will necessarily put transactions on a higher range of prices. The shrewdest agents are now hunting the city through for desirable property, and they have buyers behind ‘them to take everything good, .This course of transactions will soon leave the market comparatively bare, and those who come after will probably have to bid more. Among other negotiations virtually closed but not ready for publication are the sale of one of the best business corners for $400,000 cash and the purchase by a prominent theatrical manager OF A MIGH-PRICED CORNER for the erection of what is intended to be the handsomest theatre in America. In the transfers of the week was the sale by Messrs, Garnett & Thomasson of the build- ings 147 to 153 Fifth avenue, with lot 79x119, for N. S. Ray to Edward;Waller, for $105,000, The building is four stories high, and has an alley all around it, Mr, Charles Follansbee has sold, through his attorneys, Hutchinson & Partridge, the block 6n the south side of ‘Twenty-second street, between State and Wabash, 200 feet deep, for $145,000. This ends a very complicated litigation, and leaves a handsome surplus for the owner. The pur- chaser was Mr. Henry C. Rew, who also bought during the week TEN ACRES on Forty-first, between Grand boulevard and Charles street, for $105,000, This lot was sold by Mr. George A. Seaverns, who bought it a few months ago for $69,000. Mr. Rew has also bought for $500 a foot the southwest corner of Michigan avenue and Twenty-first street. The Crane Building, 116 Monroe street, 2614x190, has been disposed of by Mr. Albert Crane for $53,000. The new double store just built by Mr. Potter Palmer ou Adams street, east of Dearborn, has been sold by him for $56,000, One agent, Mr. Jacop Weil, reports that he has sold $1,000,000 worth of real estate in the past month, of which tne particulars are withheld from publication. Tho tract of 500x128 on Calumet avenue, between Forty-sixth and Forty-seventh streets, sold some time ‘since by Gen. John A. Logan to Mrs. Delia Woodruff, for $20 a foot, has since been sold to Mr. X. L. Otis for $304 foot. Mrs, Woodruff has bought 150 feet on the Drexel boulevard, between Forty- fifth and Forty-sixth streets, for $100 a foot. ‘The safe referred to below of the north- west corner of South Water and State for $40,000 shows an advance of $12,000 in a few months. Hyde Park property is. becoming more active. Asale of 100x150 was made at the corner of Fifty-seventh street and Monroe for 32,500, The sale of the Lake-Front to the Illinois Central is not yet consummated. The ordi- nance prepared by the railroad was not sat- isfactory to the Mayor, and the opposition of the unwilling propertyholders has not been overcome. Schrader Bros, sold fifty feet at the south- east corner of Chicago avenue and May street, with improvements, for $10,000; two- story and basement brick dwelling, corner of Hinron and State streets, for $6,600; two lots corner Belmont and Hoyne, in Lake View, $375; two lots adjoining, $350; two lots on Hoyne, south of Belmont avenue, $310; lot on Halsted, near Forty-ninth, $500; lot 30x 190, on the dummy road, near Wellington, at $85 per foot; two lots on Thirteenth place, near Wood, $375 each; four lotson Twelfth street, near Wood, at $725 a lot. ‘Lf. B. Boyd sold for Mrs. Hoodless, to Mrs. M. C. Lickey house and lot 25x180, east front, on Prairie avenue, between Twenty- sixth and Twenty-seventh streets; for I. F. Ankey, of Des Moines, Ia., to Mr. Marr, No. 56 North Peoria street, for $2,800, C. B, Sawyer sold to H. K. Elkins fifty feet on Indiana avenue, east front, joining the Gallup Block, between Sixteenth and Eight- eenth streets, for $15,000,—to be improved. IN THE SALES OF THE WEEK were 25x183 feet on West Jackson street, east of Laflin, $3,125; 119x115 on Arnold, south- east corner of Twenty-third, $10,500; 22x105, improved, on West Madison, near Wood, $8,250; undivided 34 of 200 feet to Canal on North Halsted, north of North Branch, $7,000; 125 feet to alley on Sophia, east of Sedgwick, $5,000; 40x100 on Van Buren, east of Clark, $14,000; 60x100, northeast corner of West Harrison and Aberdeen, $7,475; 24x100, improved, on Blue Island ayenue, southwest corner of Sixteenth street, $5,500; 50x140 on West Twelfth, east of Canal, $5,000; 25 feet to Centre avenue, on Blue Island aye- nue, $9,000; 100x161 on southwest corner of Michigan avenue and Forty-second street, $7,000: 50x150 on North State, north of Goethe, $6,750; 50x100 on North Wells street, sonth of Elm, $5,000; 22x105, improved, on West Madison, near Wood, $8,500; undivided three-fifths of 50 8-10x119 on Michigan ave- nue, south of Twenty-first street, $5,100; 80x 55 on South Water, northwest corner of State, $60,000; 40x60 on Franklin, north of Randolph, $27,000; 230x100 on Beach, north- west corner of Taylor, $20,000; 50x90, im- proved, on Twenty-fifth, east of State, $14,900; 25x125, improved, on Dayton, south of Webster avenue, $5,000; 23x100, improved, on Wisconsin, $6,000; 205x172 on Morgan, northwest corner of Maxwell, 37,000; 40 feet to alley on State street, south of Peck court, $10,000; 150x161 0n Michigan avenue, south of Forty-second, $10,500. The following instruments were filed for recora Saturday, Nov. 27: cITy Prorzrtr. Sherman st, 3:3 ft n of Harrison, e f, 23 x4 ft, dated Nov. 24 (Albert Jenks to P. BL SCORS 0 eee seseoses arazeeercee® B00 to Marvin Hughith) nt (oro Spinney Shurtleff av, 250 ft 8 of rst st, Ww f, xl ft, dated Nov. 26 (James L. Clapp to Michael S, Finegan)... Kunsus st, 50.ft w of Throop, 8 ft. dated Nov. 22 (J. H. Clowry to Dun- can McMillan deciontect Fulton st, 24% ft e of Park place, nf, 244 7 (Mitchel and Gray 7250 ‘700 x100 ft, dated Nov. to George W. Reynolds).......-.. North Franklin st, 8 ¢ cor of Centre, w f, 272 fr, runn to Clark st; also wf, 166 ft, to alley; also North State st, 89% tt N of Scott, wf, 444x190 ft, improved, dated Nov.3 (Adolph Olsen’ to Carl 0: Cleaver st, 380 ft n ot Division, w f, 25x “5 ft, improved, dated Nov. #7 Wohn Schulenburg to Martin Boening). De Kalbst, ft ne of Leavitt, n w front 24x10 ft, Sated Noy. 17 (A. W. Green to J. L. Dericks0n)..+.--e+-c-seceresee ee The promises No. 121 Laurel st, dated Nov. 17 (J. Beglin to 3f, Quinn). a Southport ay, 275 ft n of Belden 265x123 fe, limproved, dated Oct. 2 M. Griebenow to Cari Schardin)... 7. West Van Buren st, 50 ft w of Wood.nf, woxl00 ft «this Jot was by error suede appear on Honoré e dated Noy. 23 (Jacob Trautwen to Bernhard Stein)... wees 1,980 ‘The premises No. S103 dated Nov. 26 (George A. Seaverns to,Pauline 500 165 800 te ot Murray, nf, 16 (Albert ‘Crane to John Hamlar) Osborn st, 205 ft nof West Indiana, wf, Zix74 ft, dated Oct. 7 W. Holloway ‘ Elicn Campbell) eros Newberry av, 48 ft ight $4 ft, dated Nov. 24 (J. F. Northrup to V. Hlavin).. + Sabet cook Newberry av, n w corner of Wright st, 9 f, 48x9914 ft, dated Nov. 2 (ame to BAMIC)...00 000 oven cee eg Cornell at. $16 ft o of Ashia aD £953 90 ft, improved, dated Nov. 27'(Master in Chancery to J. H. C. Mabuke).. South Dearborn st, 188 fect n of ‘Thi third, e f, 25x110 improved, dated Nov. 27 (George P. ‘readway to James P. Padden)..... abate ce ‘Wubash av, ne corner of Washington st, w f, 16 9-10x162 10 ft, improved, dated Twenty-sixth st, 5 25x104 ft, duted N 2,300 Sedgwick st, aio fe dated Nov. 27 (John J. Barrett to Albert A. Munger). atane bina ef, 2x Sedgwick st, 200 ft n of Di 187 ft, dated Nov. 2 (F Sedgwick st, 27 Division, o f, 27 x187 ft, dated Nov. 27 (George Colfing to 2,700 same ee seep 2,80 Mosul ey Rwot Fisk ating, 25x100 ft, improved, dated Nov. 27 (John Sindetar to Kare! Liball....- The premises No. 2540 Praitio Nov. 24 (Charles P. Kimbull 1,250 av, dated to'D. W. Potter)....c.e---00+ - 7,850 NORTH OF CITY LIMITS, NA RADIUS OF SEVEN MILES OF THE COURT-HOUSE. Belmont av, w of Robey st, ti f, one acre, dated Dec. 1, 1879 (J. M. W, Jones to WOIff).....cceeseees siteteeee 7 See SOUTH OF CITY LIMITS, WI’ IN A RADIUB SEVEN MILES OF THE COURT-HOUSE. Forty-seventh st, 217% ft w of Lafiin st, n f, 48x123 ft, dated Nov. 28 (J. Ryan ‘to James Stonson).. Ey State st, 50 tts of Forty-seventl ft to Wababsh av, duted Nov. Ww fy 18 264. S. y). and H. It. Payson to George A. Emery). 14,850 Fifty-tirst st, 150 ftw of Madison av, sf, 50x128 ft, dated Nov. 16 (John H. Dun- ham to Julia P, Warret 3,500 mn)... a Prairie av, 300 ft n of Fifty-third st, wf, 200x179% ft. dated Nov. 3 (Charles A, Parke to George G. Newbury). - Langley av, 90 ft s of Thirty-ninth st, ¢ f, 90x107 ft, improved, dited Oct. 13 (James M. Hill to Charles Nowell) Prairle av, between Forty-fourth Forty-fifth sta, 272 ftto alley, dated Nov. % (Charles C. Austin to William F. Keep)...... eae 10,880 The following is the total amount of city and suburban transfers within a radius of seven miles of the Court-House filed for rec- ord during the week ending ‘Saturday, Nov. 27: City—Sales, 107; consideration, $896,007, North of city limits—Sales, 7; consideration, $7,950. South of city limits—Sales, 30; con- sideration, $200,493. . West of city limits— Sales, 8; consideration, $12,864. Total sales, 152; total consideration, $1,117,914. IN THE REAL-ESTATE LOAN MARKET money is being freely lent on good real-es- tate security at6 percent... This week. there ‘was $160,420 placed by trust-deeds on sixty- one different pieces of property, and $45,508 by mortgages on twenty-five separate lots, or a total of eighty-six loan transactions for the suin of $206,018, ‘Che sumsloaned were gen- erally small. CRITERION THEATRE. The well-known architect, George 0. Garnsey, in connection with Mr. Wallace Hume, theatrical architect, is preparing plans for the new Criterion Theatre, to be erected on Sedgwick street, near Division. The plan embraces a front building 45x76 feet, basement, stores, and two stories of flats. There will be four.stores and four basements for renting purposes. Each flat will have six rooms, with closets: The theatre building proper will be 75x15, ar- ranged for parquet, dress-tircle, balcony, and gallery; seating capacity. %700. people. The stage will be the largest in the city. Particu- Jar attention is being paid to give a good amount of exits, and in this particular it will be the best theatre in the city. The buildings are to be erected of stone and brick, with cut- stone trimmings, at a cost of $50,000. Work is to be commenced at once. The proprietor is Mr. Munger, the well-known elevator and grain man. IN THE BUILDING PERMITS of the week were those to the Milwaukee & St. Paul Railroad Company, to erect a two- story freight-house, 24x400 feet, on Califor- nia avenue, to cost $12,000; to P. H. Rice, to erecta one-story addition, corner of Kinzie and Sangamon streets, to cost $3,000; to B. Haley to erect a two-story dwelling, No. 859 Halsted street, to cost $2,000; to George Bartholmae to erect three three-story dwell- ings, Nos. 583 to 536 Sophia street, to cost $18,000, STBEET IMPROVEMENT. Prominent real-estate owners on State street, among them Potter Palmer and Messrs. Field and Leiter, have put into cir culation petitions looking to tearing up the present wooden pavement on that thorough- fare in the spring and repairing it with Me- dina stone. The Common Council has instructed the Superintendent of Special Assessments to réport a list of all streets for the improve- ment of which ordinances had been passed and application for judgment suspended by order of the Council; also a statement of opinions as to whether, in view of the in- creased cost of material, the assessments made were sufficient to do the work. The only change made by the Committee on Streets and Alleys, West, In the list, al- ready published, of streets to be improved, was for the improvement of Harrison street from Clinton to Western avenue, instead of from Centre avenue, and the improvement of Maxwell street from Canal to Blue Island avenue, instead of from Clinton street. The right of the street railway companies to pave the intersection of streets with cobble-stone was also considered, and the conclusion reached was that they had no such rights. The North Division Committee on Streets and Alleys HAVE ADDED TO THE STREETS which Commissioner Waller has recom- mended the improvement of the following: Cass street, from Kinzie to northern termi- nus; Pine street, from Michigan to L[llinois; Pine street, from Ohio to Erie; State strect, from Chicago avenue to North avenue; Oak street, from Larrabee to the lake shore; Clark street, from North avenue to North Park avenue; Centre street, from Clark to Sédg- wick; Sedgwick, from Lincoln avenue to Clark; Market strect, from Kinzle to Divis- ion; La Salle street, from Kinzie to north- ern terminus; Chicago avenue, from Clark east; Franklin street, Kinzie to Chicago ave- nue; Division street, from Lincoln avenue to the canal bridge; Dearborn avenue, from Michigan to North avenue; Indiana, from the bridge to St. Clair; Superior street, from Wells to Pine; Huron, from Clark to Dear- born avenue; Erie street, trom the bridge to Clark; Michigan street, from Clark to Dear- born avenue; and Michigan street, from Cass to St. Clair. Mayor Harrison has vetoed the ordinance for the : PAVING OF ASHLAND AVENUE between Lakeand Milwaukee avenue. The Mayor holds that wocden blocks are not as good for pavement on outside streets as busi- ness streets, from their liability to become “pocket-marked.” In addition to this, his Honor believes that there is a growing oppo- sition to wooden pavements, and points to the fact that Ashland avenue, from Madison street to Jackson, was macadamized in 1872, and, in spite of heavy teaming upon it, is yet in good order, the total cost for repairs since the date named amounting to less than $300. Commissioner Waller means to recommend that stone be used in the improvement of all of the streets, alleys, and sidewalks in the future north of Harrison street. He thinks that he will urge the use of granit blocks, but in this bis mind is notiuly made up 4,500 14,000 1,540 | THE RAILROADS. tmportant Decision by Judge Tu- ley Relating to Private Tracks. The Greatest Freight Blockade Ever Known in the United States, Falling Of in East-Bound Traffic Owing to Shortage in Oars, IMPORTANT DECISION. Judge Tuley yesterday delivered an im- portant decision in the case of Garrity vs. The Chicago & Northwestern Railroad Com- pany, on the power of the city to grant li- censes to railroad companies to lay down tracks and run steam-cars for private advan- lage within the city limits. The Judge said, in substance: The bill in this case alleges in substance that the Chicago Dock & Canal Company, a stock corporation organized un- der the laws of this State, solicited and pro- cured to be passed by the City Council of Chicago (June 9, 1679) an ordinance granting tosaid Company for the term of ten years the rightto lay down, maintain, and use such railway tracks and switches upon North Water street, and Illinois street east of the east line of St, Clair street, and across the premises owned by said Company as might be necessary to afford convenient railway access to said premises. That the Chicago & Northwestern Railroad Company now have railway tracks laid upon the said Illinois street, running towards Lake Michi- gan from a point about 500 feet east of said St. Clair street, between which point and St. Clair street the complainants, three in num- ber, now own, and for several years past hava owned, alotof land described in said bill. That the Railroad Company, under a pre- tended assignment from the Dock and Canal Company, are about to lay down said railway track in front of complainants’ presmises, and to the east line of said St. Clair street, at which point the defendants, Bullen & Co., are about to connect certain railroad tracks about to be laid west of St. Clair street with the tracks to be laid east of said street, the intent bef to form a continuous line of railroad from the premises of said Bullen & Co., on the corner of Pine and Illinois streets, east on said Illinois street to Lake Michigan. ‘The bill attacks the validity of the ordinance, and seeks an injunction against the laying of the railroad tracks in front of complainants’ lots, and against Bullen & Co. making any con- nections. with such railroad tracks at Clair street The Judge then discussed the reasons al- lexed on the argument against the validity of the ordinance, namely, because the City Council at the time it passed the ordinance did not have before ita petition of the owners of a majority of the front feet of that part, of Hlinois ‘street. over which the tracks were to be laid. The answer showed that the Dock & Canal Company owned much more than half the frontage, and that it pre- sented a petition for the passage of the ordi- nance. After stating that the bill was suf- ficient to raise a question as to the validity of the ordinance, though @ wrong reason was assigned for such validity, the Judge re- marked that the question presented was one of great importance, and one which had never. been passed on directly by the Su- preme Court. -He then continued: “The power of the city to make the grant conferred by this ordinance is to be found, if it exists, in said Clause 90 or Clause 9 of said Sec. 1, of Art. 5, of the Act for the in- corporation of cities and villages. Sec. 1sets forth the powers of the City Coun- and Clause 90 is as_ follows: City Council . . . shall have power to grant the use of or the right to lay down any railroad tracks in any street of the city to any steam or | horse railroad company, except upon a peti- tion of the owners of the land ‘representin: more than one-half of the frontage 0: the street, or so much thereof as is sought to be used for railroad purposes.’ The other Clause 9 gives the Council, in regard to streets, the broad _power ‘to regulate the use of thesame.’ It will be noticed that neither of these provision gives the city any express power to grant the use of a street for railroad purposes. . . . But although Clause 90, Sec. 1, gives no express authority to grant the use of a street to a steam or horse railway gompany. yet, by a necessary inference, the Council being prohibited from granting such use except upon a petition of a majority of the frontage, it has the power to make such grant having first received such a petition. If this Clause 90 contained an express grant of power to the City Council to grant the use of streets to steam and horse railway companies, it would follow that the power was limited to making such grant to steam and horse railway com- anies upon the familiar doctrine that, the egislature having specified to whom such grant may be made (in this instance to steam and horse railroad companies), there is an implied prohibition against making such rant to any other person or corporation. he same construction must prevail where the right to make the grant exists by virtue of an implied power. ‘Therefore, in place of Clause 90 giving authority for the exercise of the power, it contains, by a fair implication, a prohibition against the exercise of such ower. - But it is contended by the learned counsel for the defendants that Clause 9, which con- fers the power to ‘regulate streets,’ is am- ple authority for the power to pass this ordi- nance, If thereisin Clause 9) an implied prohibinon against the exercise of such 2 ower, I know of no rules of construction yy which the grant of the power to regulate streets would be held to override or doaway with that implied prohibition, It widlbo noticed that under the former charter of city there was an express power given to direct and control the location of railroad tracks, in which respect it was stronger and different from the present city charter. It is to be admitted that it isa tair argument that the cases referred to hold that the City of Chicago has the power, by reason of its ownership of the fee of the streets, and. from the general power to regulate the use of the streets, to grant to a steam (or horse) railway company the, Tight to lay down tracts in, and use the same for, railway pur- poses. But this isnot such acase. In all the cases referred to the power was placed upon the ground that such a useof the streets was & public use, and for the public benefit and convenience. And in all cases there was by legislative act the concurrence of the Legislature to such a use of the street by fe corporations to whom the same Was nted. S ‘But where the Legislature has not given the person or corporation the right to con- struct and maintain a public railroad, and where the use to which the tracks are to be put is exclusively a private use and for pri- vate benefit, a very different question from that involved in the cases cited. is presented. Although the city may own the fee in the streets, it has taken and holds it in trust for the public use. It cannot, without legis- lative sanction, sell a public street, or lease it, or give it away, nor can it use it for any other than public purposes, or for any other use than that of a public street. It cannot erect a building or place any other obstruc- tion in it, which will prevent or obstruct its use by the public as a public street. Tho city holds the streets in trust for the com- mon and equal use of ail citizens, and it violates its trust when it appropriates a street to an dodivigual use, by whien the ic isnot benefited or acc Heads publie. ‘street, can any way. 3 lated” to none other than a ree ablic use. it the power te ordinances of this nature exists by rirtte¢ of the power to “regulate” the use of streets, then such power is limited only by the discretion of the City Council, and no pe- tition of the owners of a majority or of any portion of the frontage is necessary. The right to license one_ person to lay down pri- yate railroad tracks in a public street neces- sarily gives the right to grant such a license to others, and our principal streets may soon become appropriated to the almost or guile exclusive private use of a few favored indi- viduals. . . . Ifsuch ordinances are not in excess of the power of the Council, then the Council is in the legitimate exercise of its functions in makin such grants, and is be- nd judicial interference, yomnis ordinance is not a legislative act, and is not a “regulation” of the streets. If any~ thing, it is a contract by which the city parts with its power, certainly so far as these pri- vate tracks is concerned, to “regulate” this street fora term of ten years. If such a con- tract for the private use of a street for ten years is valid, why mey nog the Common Council make one for 100 years, or for a per- petual use? sin ordinance regulating the ust of a street is a legislative act, and must be for the benetit of all the citizens of the municipality, or it is void. The Council cannot grant rights or franchises in a public street to one which are not granted or are denied to others. If it does so, such an or- dinance is unreasonable, and, bei unrea- sonable, it isvold. . . ._ ‘The Lenisla- ture has by Clause 90, Sec. 1, before referred to, authorized grants to steam and horse railroad companies of the right to lay down railroad tracks in public streets, and it might confer the power upon the City Council to grant such rights to private indi- viduals or stock companies, but it has not done. so, and until it does this Court, when properly applied to, must by injunction pro- tect the rights of private property-owners and the rights of the public in the public streets. The motion to dissolve the injunc- tion will therefore bg overruled. Mr. Andrew M. Rorke appeared for complainants and W. C. Goudy and W. A. Montgomery for the de- fendants. ” EAST-BOUND FREIGHT BUSINESS. ‘The east-bound freight shipments for the past week have fallen off over 5,000 tons.- This is not due to a scarcity of business; on the contrary, there never has been such & rush of traffic in the history of railroads, but to the fact that the roads running east from Chicago and St. Louis are so blockaded with freight which they are un- able to handle that the lines west from here are suffering to the same extent as the lines east from this point. Every road centering in this city, both from the east and west, has been compelled to give notice to shippers that until further notice they will not re- ceive anything but perishable freight; in order to get an opportunity to remove the blockade, which at present makes it almost impossible to run freight-trains at all.e The Western roads, especially those leading feast from this city and from St. Louis were not prepared for the great rush that set in a week or two ago, a great por- tion of their cars being used by the New York trunk lines in removing the heavy amounts of grain from tern lake ports. The New York trunk lines had their hands full all summer, as they got the bulk of the Jake business ‘between Buffalo and Lake Erie ports to seaboard points. When the severe cold weather set in a month earlier than usual and business rushed to them in heavy quantities from their Western rail connections they were unable to handle it with such rapidity as to keep their lines open, and soon they were so blocked up at all points that everything. came to a stand- still. Consequently the Western connec- tions of the trunk lines were also blocked up, and now nearly the entire movement of grain is stopped vast and west. About jthe only freight now taken is live stock and pro- visions, the movement of which cannot be stopped without creating a famine in the East. The grain blockade most severely affects the coal business. Nearly every point in the West is short of coal, and the cars ing used in the grain trade, the railroads are unabie to afford much relief until the pres- ent blockades have been removed and they can get the use of their cars now in the East. It is believed that, by refusing to také non- perishable goods for about a week, the bloclt- ades at most points can be removed, and the cars now in the East can re- turn loaded with coal. There is another factor whith helps to make confusion still more confounded, and that is the scarcity of water in the entire section of country west of the Alleghanies, and particularly in IMi- nois, Indiana, and Lowa, ‘There has been but little rain in this section during the last month or two, and cisterns and wells are rap- idly drying up, making it very troublesome for engines to readily secure the water with which to fill their tanks. A few weeks of wet, open weather would be aboon to the railroads, and afford the desired relief much more readily than a temporary stoppage of. business or an advance in freight rates would do. A decline in the prices of grain would also have a good effect, as shippers would not so anxious to send all, their stuff at once. Should, however, the cold dry weather continue for- atime longer, or there be a heavy fall of snow that will prevent the free ‘running of trains, the consequences might become very serious, both to the business interests of the country as well as to the railroads. The railroads, however, cannot piace the entire responsibility for the present bad con- dition of affairs, upon circumstances over which they had no control. They should have foreseen the rush of business that set in at the commencement of this month, and have been prepared for it. That they were not shows bad mapagement in their operating departments, and especially in those of the Eostern trunk lines. Itis evident that the management of the operating departments of these roads are in incapable hands, or else they would not have been taken by surprise and allowed their lines to become blocked up so easily. There were months last year’ when the freight movement was heay- ler than at present and yet business was not interrupted by such blockades as now exist on most of the roads, and then they had not by any means the amount of rolling stock now at their command. ‘The total amount of flour, grain, and pro- yisions shipped by the six lines leading east from this city forthe week ending Nov. 27 was 40,661 tons, of which only 13,753 tons was grain, The total shipments for the week previous were 45,93 tons, of which 20,209 tons was erain. Tne following statement will show the amount of flour, grain, and provisions car- ried by the six roads leading east from here during the past week: Grain,|Prov's, Flour, |tons of |tons of | Totat | Bria." | 2000. |2000tn.| ‘tons. Michigan Central, 20,861 —— IOWA RAILROAD MATTERS. Spectal Correspondence of The Chicago Tribune., Des Motnes, Ia., Nov. 26.—There is an impression among a good many people that the Chicago & Northwestern Railway Com- pany is directly interested and is helping on the suits brought in the Courts here by the Des Muines & Minneapolis Railway Com- pany against James Callanan and other stockholders; and also in the suits by the same Company against John B. Alley. Itis erroneous. The Northwestern has nothing todo with them. It has only a lease of the road, for which it pays an annual rental. It does not own a mile of the road. It is proba- bly true that W. M. Jones, who holds nearly if not quite all the common stock of the Des Moines and Minneapolis Road, is the princi- pul factor in these suits. ‘The petition in the suits alleges that the defendants issued to themselves, when officers and Directors of the Company, stock to the value of $139,000 for which they paid nothing If Mr. Jones can convince the Courts that the allegations are true, ‘and he gets « judg- ment, it will add that much to the value of his stock, as the defendants are alt responsi- ble and able to pay. If the allegations are not true, they prove that the narrow-sauge road has been a mighty profitable piece of property to somebody, for only $43,000 of stock was actually paid for, and on that capl- tal the road was built and equipped, Grading on the Toledo & Northwestern Extension of the Chicago & Northwestern‘nas been suspended on new work in Humboldt and Wright Counties on account of the weather. : Jay Gould has gota foothold in St. Paul and Minneapolis, over the Central of Iowa, and is taking a large amount of traffic. Freight originating at_ those cities and north is billed to Albia, where itis transferred to the Wabash, and sent South and East. Albia is now the terminal point of the Central Jowa. That a vast amount of grain is coing East by that raute is evidenced by the fact that the Wabash isnot able to supply onc- half the cars demanded for grain from Min- nesota and Northern Lowa, + Inasmuch as the Central Iowa terminates at Northwood, and_has no connection with Minneapolis or St. Paul except by the Bur- lington, Cedar Rapids & Northern at Ply- mouth Junction, and the Chicago, Milwau- kee & St. Paul at Mason City, it looks as though the Burlington a Cedar Rapids, at its northern end, was working in the Wabash interest or else etenils o the Wabash who are Si pers make good use oO! ‘The "Chicago, Milwaukee & St. Paul is anxious to get to the Iowa coal-fields. It is stated a corps of engineers have recently made a preliminary survey of a line from Mason City to Fort Dodge. Although the surveyors did not know for what purpose they were sent there, or if they did they would not tell, ibe supposition 2 ee en any pose ul} o Bree ong it was known that this corps had 9 SOON as +t been to Fort Dodge a well-known official of she Chicaga & i Tassie Was oR we | From Jewell Junction the; spot to ascertain what it was all about, and : told the people of Fort Dodge if the: Sei another railroad to go and talk with Marvin Hughitt, and just say the word, and they could have a railroad run to every man’s front door in the city. Thi Te- minds me of another incident which Will dovetail in here. Not long ago the Chicago & Northwestern purchased the coal railroad which runs from Boone to the coal- operatans that county. Of fOUEses the Soal rs were very much please: oO hitched’on to the "Northwestern, and sue gested to the purchasers that it would bea good thing if the road was extended west- ard, 30 as to increase the market for coal. To which Mr. Hughitt made answer that it would not be long before they would have all the market wanted for their coal, which indicates that the Northwestern would push for Fort Dodge mighty quick, if it was prob- able the Milwaukee would zo there. A few weeks ago injunction proceedings were begun against the Missouri, Iowa & Nebraska Railroad. The Directors got to- gether and changed the name of the Compa- ay to Iowa, Missouri & Nebraska, and whis- tled at the Injunction proceedings; but while the scheme worked well as to that, it cut off their head in another and unexpected way. The old Company made 3 contract with two men—Gould and Farnsworth—for five acres of land each for depot purposes, Farns- worth’s land was crossed first, and by con- tractors under the old Company, whose limit was the line between Farnsworth and Gould. ‘The new Company, the Lowa, Missouri & Nebraska, continued the work and were grading on Gould's land, when the owner ut aston to the work, claiming that the lowa, Missouri & Nebraska Company were trespassers, and had no right of way across his land. the work is stopped until the question is settled by the courts. Thé Des Moines, Waterloo & Northeastern Railroad Company have filed articles of in- corporation with the Secretary of State. The capital of the Company is limited to $5,000,- 000, in stock shares of $100 each. _ it would be not a little surprising if that little two miles of rond jutting out from the matn line of the Chicago & Northwestern for several years at Toledo should become one of the most important in all the ramifica- tions of the Northwestern. A glance at the map will show what isto be. Already that two miles of track has stretched out to Jewell Junction, two miles west of Callana n ding is done un~. dercontract to Lake City, in Calhoun County, and is finished to the Moines River, where anhalt will be made to construct along and expensive bridge. This makes astretch of 138 miles trom Toledo nearl; due west. At Jewell Junction, 2 diversion made northward eighteen miles to Webster City, where another bridge causes a halt, but the grade is ready beyond, and the iron is go+ ing down at onceto Eagle Grove Junction, in Wright County, thence on to Dakota, in Humboldt County, where, about one mile from the station, it will cross on a bridge over the Minneapolis & St. Louis From Dakota the grading is nearlydone to the north line of the State. The indications are that St. Peter is the objective point of this branch, where it will connect with the Dako- ta systems of the Northwestern. Now, to come back to ain line, the contract is let to build a branch from Carroll, in Carrolt County. to Harlan, in Shelby County. From Harlan to Lake City is only a short distance, and when closed. will give a new line to Council Bluffs. From. Eagle Grove, ten miles north of Webster City, a survey has been made for a branch to Sioux Rapids, which indicates that the intention Is to occupy the territory between the Hlinois Central and the Chicago, Milwau- kee & St, Paul. THE TENNESSEE FIGHT. NasHvi.Le, Tenn., Nov. 27.—A bill was filed in the Chancery Court here to-day by J. Brady, Putnam & Earle, and John Thomp- son against Fogg, Stevenson, Baldwin, and Evans, formerly Directors of the Nashville, Chattanooga & St. Louis Railway, but now of the Louisville & Nashville Railway. The allegations are in substance the same as those in the former bill, except it is specifical- ly charged that, when Cole had his line from t. Louis to the Southwestern seaboard all but completed, these Directors. who had been taken into his confidence, gave him away, and sold him out to the Louisville & Nashville; that these negotiations were kept secret from the President and stockholders of the Nashville; that, in short, they com- mitted a breach of trust, for which complain- ants seek a decree ordering the stock to be paid to the stockholders, and not to the four irectors, and an injunction rest ‘ing them from disposing of the bonds, and. if this can- not be done, that the Louisville & Nashyille be ordered to pay over to complainants the profits, and that an account be taken to see what profits had been made, LAKE ERIE & WESTERN. LAFAYETTE, Ind., Noy. 27.—The persist- ent warfare maintained by the Lake Erie & Western and Chicago & Alton Railways on eastern and western through business, coupled with the large sales of unlimited tickets at Toledo and other points, has forced the Bee-Line and Wabash to compete at Ko- komo_and_ Muncie, and in consequence the Lake Erie & Western puts the rates several notches lower, and_is_ selling tickets from these two points to St. Louis for $3, and to Kansas City for $5. The rates promise to be materially reduced from these figures before Jong. if the Wabash and Bee-Line meet : these igures. SURVEYING A NEW ROAD. Special Dispatch to ‘The Chicago Tribune, Sr. Lours, Nov. 27.—A survey has just been commenced by E. C. Rice, a prominent civil engineer of this city, from East St. Louis to Springfield, [1., for a branch road to connect East. Se Louis and Springfield with Louis- ville; Ky. ITEMS. Maj. A. B. Garner, late Superintendent of the Union Depot at Kansas City, has been appointed Purchasing Agent ot the’ Denver & Rio Grande Railroad. Mr. A. H. McLeod, General Freight Agent of the Cincinnati, Hamilton & Dayton Rail- road, has notified grain shippers that the ar- rangemeit made Aug. 23, to send to elevator all grain on arrival at Cincinnati, except ear- cornand gain consigned to private switches, has been discontinued. Grain consigned to Cincinnati will, until further notice, be held in cars two days free of ex: ‘with the understanding that if not unloaded in that time it will sent to elevator, subject to customary rates of storage. Articles of consolidation of the Ohio Rail- road Company, organized to construct, equip, and maintain a line of road across Oltio, from Trumbull to Paulding County, and the Ohio, Fort Wayne & Chicago Railroad Com- pany, organized to build and operate a line from the west end of the Ohio Railroad to a point in Lake County, at the southeast cor- ner of Cook County, Lilinois, have been filed with the Secretary of State of Indians. The new consolidated corporation will be known as the New York, Fort Wayne & Chicago Railroad Company. The articles of incor- poration provide that one of the Directors shall reside in Indiana, two in New York, and fourin Ohio. The capital stock is to be $7,400,000, in $50 shares, and the headquarters at Tiffin, O. AT NIGHT. For The Chicago Tribune, ‘When, fn the silent, lonely night, Tsit beside the fire and. write; Sometimes there falls upon my ear ‘The sound of footateps drawing near. When quiet grows the house, they come From out their unseen, unknown home; And, though no form, no face, I see, A something hovers over mo. It pours into my ear such word, Tthink that, if the Angels heard, Each one in'silence most profound ‘And listening posture would be found; That each would stand, bis harp unstrang, To hear this soug to mortal sung. But, when [ etrivo the strain to write, ‘As fades the daslight into night, So fades tho beauty and the grace. 19 soulless Wo! And but th ee $< A Female Communist. sai Several thousand persons collected in Pa the other dag to withess the arrival. from New Galedovia of the Communist female leader Louise Michel, with the last batch of the am: nestied. M. Rochefort and M. Cicmenceau re- relyed and kissed her, women threw thomyelvet on her neck, and there was altogether a thrilling scene, till M. Rochefort got her into a cab ‘Those who remember her features deseribe het as very much aged. Many of the people had ree ribbons in their buttonholes or dresses. Winchester’s Hypophosphites will cure consumption, coughs, weak lungs bronchitis, and generui debility. Estabiished- twenty-one years. Malarial fever. ague, and bdillousness wi leave every neighboshoed as soon a Hop Bf erg MAYS i