Chicago Daily Tribune Newspaper, April 8, 1881, Page 3

LI Sae e THE STATE GAPITAL, Favorable Senate Action on the Canal Donation to the Government. The Proposition to Tax Railroads Two and o Hall Per Cont Advanced. Schemo to Deprive Springfield’ " Papers of Some Fat Perquisits, Annual vs. Quadrennial As- gessments Considered at Length, > A Combination of Country Mem- bers Against Chicago on the Canal Question. Advancement of the Measure Regulating That Foe of All Mankind, the , Plumher. & Decidedly Disgraceful Scenmo Be- tween s Momber aud the Pre- i oiding Officor. \ It Arfses Over (hio Question of Appro- priating Money to Persous Iue Jured by State Cnunou. Final Ogrolusion to Fatablish o Question- able Precedent by Ordering the Bill to Third Reading. SENATE, HOME AGAIN FIOM FOREIGN RIIORES, Spectal Dispalch to The Chicago Tribusie. SertyariEnd, [, April 7=The Ecnute con- ~ened this worning at the usunl hour, President- pro-tem, Campbell fn the chalr. : Nopetitions or Tesolitions wero presented, and tho order of Lills on Eceond reading Wus tuken up, e Senator Ariley's blll muking the penalty on delingoent tixes 10°per cent was sent to the Cotanitteo on Rovonue, whero it will stop for tho remainder of the sesslon. A bl providiug thnt BLECTION DISTHICTS ghall not contatu wore thitn G voters went to tlurd rending. Under the bill the polls are to opun ut 7 o, m. nnd eloso 1t 7 p. . in citfes, Senntor Shaw's b, giving the Conrt of Elntma exclugive fuclsdiction of clalms ogalnst the Stato for tho taking of or duinige ju privite pruperty in_tho-cunstruttion of any State ine stitution, river, con or other lmprovement, 00K u slmllar cours Senutor Iieryaren's chattel-mortgage bilt, heretofore presented fn those coluwmus tn tull, Wi sopt bne stago noarer townrds becondng o Tuw. ONCE MORE 'TiIE CANAL. Tho Henato bl ceding the Illnoly & Michi- gan Capal, with nstrlp of land ninety feet in ‘width on cueh side of tho same, to the United Btates, was read o sccond tine and made a apeciat order for Wednesduy nexe, Senntor Berggren's LI permitting Sheriffs to take ball lworimingd enses whore thae Court la- subuy the writ la ot in session ut tho time of tho nrvest wassent to thivd readiug. Senator Adumns' bl permitting Juries to sottle the amounts to be paid adverse ciudmants to property condemned for publie purpuses went v third reading. i TAXING THE 1LON IORSE, . The Senate bill buposing a tax on rallrond companies of 234 per cent per sunum be Heu of the capitat-stock tax was read u secand thne. Senator Munn moved to refer, ctulming thnt tho bill was unconstitutional, Henntar Callun opposed the motlon, The Gon- ernl Assembly had wpower to tax franchises. This bHI dld not touch tangible property, aud the schemo it propored was tho only fulr way to Teaeh tho value of n franchise. He was unwill- 1ag to havo tho bill burfed without a diseussion. Binee 1835, 08 o was inforied, no tax on capital stock of rullrouds had been huposed, ‘This bk would put 51,000,000 PR ANNUM in tho State Urexeury. The fenator rend from tho Btate repurts to show that nit . the ronds o the Btate, except tho Jllinols Central, were ovading thelr faxes, tho Centrul pying three thnes 8 b a8 uny uth- e rvond fn the Mtate. Tho taxes Imposed on all ronds, with tho oxcf:ption of tho Gontril, was n fraction under 3'per cent, vy snensured by thelr gross enrnings, while tho Cen- tral pald abiout § per cent wud mudo money by St This was slmpiy n cnso of unjust digerimi- tlon ngninst the Centeal, Tho bilf £ TAXES Smposed on rafironds, Who was fnjured by t? No cupital-stock tux it been paid for some years, und Jt wus high time somethlog was done 1n tho way of gettimeat i1, Benator Mumn winted tho bill disenssed in committee, whero {t coutd e done in adeliberute manner, Ho then attacked tho bl on constitu. tiunul glonds, principally beeauso ft did not £eck, ua hie nlleged, to fnpose 1 (X on uscers tained vulue, as rognived by taw. Senntor Bhow suld the Sennto hud adapted tho polley of tuxiug corporatlons, suel us telegruph #per centon tholr gross emntugs, TIE RATLIOADS MIGUT A8 WELL PAY Buch o tux us anybady clse, 1t was entlrely Within tho power of tho Lewlsinture 1o lmpose tho tax cuntempiuted by tho bill. No tux on cupitind Bloek uf rallrond compimies bad baen colleeted (i tho $tnto for the pret 1wo yonrs, und his sort of lununity hadlnsted tong enough, Seuntor Whitinz epposed the reference to tho Judiclury Committee, for the reason that such o course would Kllmir kil the bilt, The net earne fiyrs of the railrond compunies wore ovor $25.- 000 per ouaume U0 was the bisis upon which the value of the frau- chises shontd be computed. It wax nn open, notorjous faet that - tho rallronds were nat tuxed enoush. 1ur below othoer prop- erty, 'They needed udditionnl tuxution, and this DIUL would, to n cortain oxtent, BRING THEM TO TIME. Heing somewhat of a constitutional inwyer him- Bull, wud u firmer besides, be discnxscd tho legut bearings of tho question, und clulined that 1he Leglrluture had o porfect right to hupose o 1ax on tho gross curuings of corporations, A bitl Wus pending to tx vtuln uvoentlons in Chis Luieor natd il wag i exict uccordunco with thug Bonator Clark did not think tho bill looked to« Ward an atteinpe to tax franchises of ruilrond gumpatics, nor wits thero wny sUclETight g1vin ‘;) tho Conatitution of the Btute, The tux wust tu fevied on the busls of w valuntfon. Hu there- e favored tho reforence of the hill for n set- Hment of the legnl guestionstuoreln contained, Sountor Culton dofendud the bill In o long ;]mm:h. elnfimlug thut tho uitl wus vutirely with- U tho howors confurred by the Conatitution snd emlnently just, ».?5‘2.‘;‘&",, Saute t:hl‘lmml that tho ‘umflblu prop- carniuy o Z Cold ot bth b e “HIESd Conlpay "ul‘:la:l:u;lmfm lmsuwhl over an hn'nr. The mo- ulor was lost by o vota of yens 17, uuye 3, and tho il went to tuin Feudiug. 4 \ THE COMMITTEE ON RAILROADS, 'rlumdncml n bill which pupenls the provision of o law rw*ulrlm: tho publishlng of revised CL eidles of rates lalt down Ly tho Rallrond fi:mlnnlnlmm-n. ‘Te bih, It passed, will suve the H ;“u ubyut $10,00 und cuuse sovernl editors of "|' ’uum.-m papers who bave caunted on tho jub m;flllu OF tholr futtest purquisits tu howl with Senator Callon's bIIt allowln; a8 _campunies :,r;(xbn'y wanis on 1o putition. 4 & mufority of Lo ni-owners went to third eudiug, the Seas S 1ty betleving that a little cotpetition mnk‘n» &us moaopolics wonldnw't bo u bud Benator derrlit’s bl re COmpNICS Lo eulouluty (hale pobe, 3wy :;l:‘ll Lusid weat Lo third rvufidi‘()x?flfé'z‘héuflfi Y Bbpurent opposion, oy m':)mr- Huut litroduceu i rosotution expross- FedTut of tho Nenulo ut tho deuth of oxs quiring 1lfe- lusuranco " sloney by resolution, TIIE CIICAGD TRIBUNE: FRIDAY, APRIL 8, 1831—TEN PAGES. Henator Robert N, Bishop, of Fidiar «Coutity. Tho resolution was ndopted, and tho Sonato ud- Juurned untll to-morrow moriing IOUSH. ONE YEAR O Foun? Bpectat Dapalch to The Chienan Tribunes Berisormnen, W, Apeit %—The Honse met this morshig at the usund bour with an able warking majority present, Senate WL, (o provide o slnking fund for Inenl Indebtedness, wan sdvanced, with umends ments, 10w ied eending, Ynneey, of Macoupin, pressed his motion ¥ reconsider tho vote Ly which Senator Needles® ), dowmg awny with quadrennial and substituts fng annuul aesessients, waa recatled from thied reading, Withont tiguing tho merlts of the Lill, or rather Its demierits, the member from Ma- coupin merely stated thar County Clorks wero In nstata of bother and uncertulnty na to Just what books thoy must hive, aud wero walting for the Housv to tell them wiat to do. Joa Maun, ‘of Vermillon, objected to the cmergency clauge, Even If pagsed a8 it was, thoro wis NOTINE TO GET NEW H00KS. Cawat, of Macouptu, #aw no renson why tho DIl shiouddn’t e put ot 18 pagsnge, The conns try objected to the system of annunl npeees- mients ., and, 08 the b would becotme i lnw i very lew houts after 18 paeenge, e couddwes vn point 1n tho objection of the gentlemun frum Vermilion. Durfee, of Macon, raw o reagon why the bl should bo put on its passage, No one hud ex- plashed ita nlleged Werite, and it wns Just prob bl thut the persons most interested I 1t were CERTAIN BUOK PURLISUEIS AND STATION- B3, who gaw an opportuaity to make more books at thio public expense. Thore was altogetlier 100 ek hasty i aftemptinge 10 poss this b with- out glving It fule and full conslderation. Two yeurs ngo the Legisinture hul vepealed the law providing for nnnunl pesessments ad bud pub- etitnted for it the yundreantal nascssment ays- tem, A yot there had been no opporiunity to Tairly test the luw, and the Teplslatire could no other wiy muke fteett’ moro ridiculous than | by constuntly repeating lawa on the sfutute Lok, Hatdwin, of Dureau, favored the motlon, and Intimated that the opposition (o the b came fram loealities which hnd obtatned extraordinn rily and ridienlously low gssexsinents which they Laped would stand Tor tour yenrs, rled to mnke n point on a elrenlar tsgued R, 1% Crane, of Chivago, fn which it was statey that the biil was > OBIECTIONADLI TO THE ENTIE DUSIN TEREST OF CHICAGO, Hexton, of Couk, observeil thut the gentlemnn Aldn‘t yead far cnough, I he hadd b wonld Liave seen that the elveular arked for a fale telnd of the present law of quadrenuinl nssessuients beforo the Lelstutaroe stepped §n and nndid the work of fts predecessor of 1wo years ngo, White, ot ook, denled that tho Ingt neaesse ment in Cook County was too low. Tho Tact wis Juse tho revorse, Vropwe 1 Cook Caunty wis assessed at Its falr cAsh value, nid men were paying tuxes necordingly. 'Tho people: of Cook County had no objeetion to paying the Btute taxes, which, compured with the othor tnxes they had to pay, were n mere bagntelle, 1t was these to which they demtrred, and very propere Jyso. The bRL ehoull not be pliced ek on third reading until moro fully considered and amended. [t had come over from tho Henuto and had been PUT ON THE CALENDAR BEFORE IT WAS THNTID, “advanced to thimd for before it - hod Jaln In . tho post- oflice boxes for three dnys, 08 was required by the rutes. In splte of all tho talk aboyt renl-cstagge Improvement in Chicayo, tho taet remnined that resd estate wns dead, and o improvement eould be hoped for ns long as tho annual wssessnient disturbnseo wis gl fowed 10 1k o pinee, : Cbateo, of Sheiby, wont to the Aunditor's ye- port nud found tht the average agsessment per aere on fmproved property In Cook County wes £16; of DuPuge, 2045 Boone, £17; and so on. o didn't objeet to Couk getting all it could, but he dld object to tho other couvtles gotting tho worst of It, Gertlemen wight ik nbout renl-estnio n Cook County ve- g dond, but he hud observed thnt nobudy in that reglon was glving his property away, or bad any intgution of Av dofng. In fuct it was quite the othor wiy. . Collins, of Couk, cunfeszed that he came frum tho county on tho shores of the luke, but HUE COULDN'T MELP 1T, No moro eould the other members from Cook. Tho bil, was nuvoeated chielly for the reason thut Coolt County appused it, but lie chatlenged thogentlemun from Muconpin. to ehow that the Coolt County wembers had ever opposed o mensure slmply because the State ofyduconpin wag In favor of it, or fuvered {t beeause Mucoupin opposed It - Mo lked to Bee n county Mke Macoupin, . whose nst renl-estatd usscsyment wis $o low thut tho St Bourd of Equalization e to JAMSE 11 110 PER CENT, comg up now gud favor a LI on thoground that Couk County enjoyed an extrnordinarily low us- segsment. As for tho flgures of the gentfemon from Btielby, thu trouble with them was that they were slightly olf. The gentteman elthor forgot, or dkin't know, thet thero wero reres ons acres of upimproved property in Cook County which wero ussvased nt AN AVERAGE OF $40 1 Ao Tho gentlemun’s * improved propesty " in Cook County wis nothing more than fazm property,— agrieattural lands,—swhich, in Cook, were furless valuable than in othor eounties fu the Stite whero farm londs were more in demand, 1f all the country memberg wanted was a change in the bools the Covk County members would glve it 1o them If thoy would ouly let something stand for four years, Ttogors, of Macon, snid ho had beon home,nnd, after conversing with his constituents, had found that the furmers and overybody cla copt thie Assessor of Decatar Connty, were op- posed to any chunge-in tho luw. After sumo furter debuto the roll wis catled on tho mation 10 reconsider. The motion pro- valled by s voto of yeus 81, nays 2, Tho ¢ tion thon eame on the old motion to besldes belng read- the bl from third readiog, which wns deoltedt I tho negntive by a - vishur vote, the country arruyiig itself almost solldly agalnst Coak County and Cbleago, The blik was 1hua put baok whero 1t was—on third rending—and will elther pass or dlo us it 1s, for amondinents aro now out of the quustion, BENATOR MUNN'S JOINT CANAL RESOLUTION, whicti hud been mude n speeful order, was then taken up, togetier whih the pendug nmend- ments. The avlginud resolntion, ns will Lo re- membered, {8 In tho nature of a threat to torn Iuto the eannl tho waters ol the Despliines ltiver and Lane's Lake wnless Chicago vuts np pump- lug works with a flow of 60000 cuble feot n minuto by Bept, 1, 1850, The Cominitteo amenthnent proviting forn flow of £0,000 enbio feot, or so mteh thercot ns in tho judgment of the Cammissiancrs tho cunul cun carey, wns udopred withow duimto. Dariah's mwendment provihing for, the erec- tlon of tho works an the eannl linds in Brldgos port, nnd glving the Cantl Commisstoners the control und minmgement of thow, the expenso of maintenanes 10 be borne oiit ot the wnnl funds, Lrought — Steatton and — Vianrhey 1o tholr foot with stentorian protests agamst tho Btatp belng ealled for 10 puy tho expenses of deatroying Chicuyo stinks. TUE COUNTHY AGAIN 'COMDINED AUGAINST CHICAGO, . and the amondmont was los Parish theroupon offered ane thing over, minus the muintennpes cliuzy, Tho Lu Bwlle County Jumplug-lack fm- modintely projected higselt oo spaco and sgutn oponed his month, thiv time 10 ko oitt ni wwendmont providing, thut the works sboutd bo smtintained ot Chienua's expenso, 1 govd Without snying thal the amendment as s umendod provitied, Algunient, reason, und evorythiug elao wore sinply thrown nwiy on tho cunnl fauaties, into whoso nlleged bining it wus {mpoasible to tho fuet thit pump- fteworks were much needod by Hio cnuul tawng ws by Culého, und that thy lue pruvement would bu to tholr mutund ndvanta Krall, of Cooli, ulferud an amenduiont pro oy that If, nlter dredieing out tho summit lo 10 the tld depth Just after the sompletion of tho dusp outy there should bo found tebe u Now of w.!mxzuuhm feeb un bour through tho lovk at Lirl beng Cport, THE WORK CONTEMPLATED by tho resolution should not ba portormd, 1t wus too much 1o expect that this would go througb, gud it didn't, Tho canul gung chucked 1t undug thu tuble. Cotlns, of Couk, ralsed tho point thut the Leglsluture couldn't sench thoe Cunal Cotnise The way to ket ufier thei wus by 8 luw, ‘I'he Bpeaker projtempore, Herrlogtop. of Kanu, declined to decido u polut In constitu- tionil law, und the tesolution us mmendud was conearred Iy by 8 votu of yeas &, iys 19, Wright, of Hooue, offered n resotution sutting forth thy noosssity of redistricting thy Stare, and the popular duslre 10 huve i pubbed now fnstend Of at an oxtry scaslon noxt winter, und providing for twe wavgurstion of thu Job bt us warly nday s posmibte,—tho Congresstonal ape portionment to be mnda an THE TWENTY-DISTRICT BASIS. Tho resolutlan swas made o specinl order for next Wednesiny, Ttockwell, of Cook, s1ya by resolution Ihat Selurlatt, (ho late contatuat Teon the Filth hiatriet, Ahotld hn for hin exponsed | essnrily inearred In the proseention of the eon- test, ‘Ul resolntton was referred to tho Come mitten on Contlrent Expenses, which already has oo ynder eotsideration for the relimburae- nent of Mieroslnwskl, the xuceesefnt mnn. The Houst then tool up bills on socond read- ng. Siuhons Ul fo zuinta o woankind Inall lnrge cijes—to-wit, ;| irvived nmotion to striice out tho ehuse, aned wis adeisiced to third Showld It paea—nnd it prolahly will bu better pinmbiug-waork, 1ess sewo 1E88 DY Baldwin's bill vequiring forelgn fire-insurance companies to pny eacl incorporited or viiage fit whi tuey to business cvery $100 of net pis In the Aame for tha support of the Firo Depnrtment wis read a s owd tine and alightly amended by the anthor, 2are, 0f Greehe, tried 10 got fo'an mnendiment maoking the Wil apply to all companics, forelgn n well ns those argnnizodd In the State, Hakiwin opposed i1, nmd arid that in o other way than thut proposed by his bill couid the In anrnner compinies ornized ontside the State amd dolng husiness In the State beantde 10 con- tribute to the wenern] revene, Durfee favored the nmondment on the groumd thut the bl ws jt stond wonld diserimingte Amuinst Insurance companles orgunized vutside the Styte. Tlte nonn recess it tho diseusslon In two, but the LI went 1o 1hird reading THE PIRST THING IN THE AFTERNQON, Tiarfee’s bit compelliug Town Boardsof fe yiow to roview thy Assussor's work fuok o slinds lnr caurse, Carter's bilL maliing total fnsanity for the ariod of flye years suilleient envge for divoreny n enso of olther the husbnud or wife, seuck nmtinkt the hmanitavim Ceeling of the Houze, vl was speedily divested of thi enieting elaure, The t bill an the Hst wak tha first of a lonz sevios of messuses which propose 10 1 for the loss of nrins, legs, flngers, ‘through tho prematire discharge of Stite eannon aL soldiers’ reunlons, This partiealne retler mens- ure proposed 1o present one Johin A, Lyle, the vietn 0F u premature explosion of o honey- combed eantten Belotiging to the Stute, with tha #in of FL000 for the Toss of & couple ol nrins. . Bexton, of Conk, promptly moved to atrike out the enneiig elauko on the triple ground that tho vietiin was - * £ NOT IN TIt! SENVICE OF TIIE $TATE. that the dutaage In such cares wan gonerally tho result of earetentess,and that (f anylody stiould s the tnll It wus tho Adjutant-General, who onined tho sn, sl who ought to have kuown whit BurL ot g it wis, Alien,of Whiteside, nuthorof tho bl defonded frus i toutter of cquity wd right, and not us matter of uw. Thi viethn, who wis cnlled out as o mwilithunan to take purt in @ roldiors’ ve- nnton f the cuprelty of o eanuoneer, wad ot polled 1o ehiey thy ords dolug reeeiv rest ot preservime th penee, contonded that the mun was eons ly, 1 not netunlly, i the employ of the Binte. Herrington contended that the bl was PURLLY A PROVATS AW, heen 1 tho employ of thy 18 NOLONE L) KURPPess 1 o1, OF gXeeitte (o lnws, ana_ ipon o othor nslong thitn thess could the Stato militla be called out. ‘The Constitutlon distinetly Jedd tho Genersl Assembly Trony ki proprintion out of the Frenan ¥ prive ltw, and tho bill emne direetly “wittin thut pro- hibitlon. Cowan, of Macoupin, rldiculed the charitablo and zave the discusslon w polltieal tineg i cia) ) enlogy on thy pacri- ofle sery ol tho Joys Iy Blue In the nie ni- plensuntiess, The jon to paylng out 23,000 eante with bind geriies from men whie drow ¥4 1 duy from the Btnte whothier they were pres- ent or abikant, Younglilood, of Feanklin, opposed tho bill on constitutionnl grounuds, but suguesied tat THE OBSECTION MIGHT Ui REMOVED by throwing the bill Into the contingent heap, Munn, of Vermition, denied that-a milithiman nad ta obey whutever' bis_ Captain told hin to, do. Thark God, this conutey was net n iy entrapy, Under the rensonfing of tho gentlemen fuvoriiig this bk the vallint Governors Gined, 1T 80 ordered by thelr commander, could coms up awl nttempt to_eleun ont the' Lewlsinture, and, 11 any of thent vot invt, they could make the State puy for i In closhis, “the sentlemun remawlod to the member froni - Mncoupin that 1he charity which npproprinted money ont of othor people’s pnekcts was tho nesnest kind of charity, ang pledied himself, i1 tho Macoupin anuy would go down futo his pucket and feieh up 15, to rilso bl and LELP TIE ARMLESS MAN OUT. 1If the othors world Qo Ukewise tho mun would UL Dis maney {1 proper wav, ® Chafen ook the camtorting position that tho Cuisstitition wie u tlexible sovt ot thing, wid & e bor's condelunce needn't et hurt it 1L didn't wint to, 1t anybody huad uny doubt of tho Btute's right to”-upproprinte tho mouey, tho Courts wero opon 10 hin Lo gettio tho question, ‘The roll was called, nnd a numbor of - gentlo- men found It necessury to expluln thelr vote The explanutlons Inetuded all the customuyy ritnt nod fuatian about putriotism, duty, debt of the Blate, ¢te, and o suttement by Ducgmghinn, of Unlon, and of the menibers "of the Ul ‘ommitee, 1o tho effeet thit tho Adfutunt-( craly 1n bis testhpony before thitt " Committe hud stuted that the gun was all tight, feaving it to be Inferred thut 1F IT ITAD BEEN PROPERLY LOADED 1t would not have gone off, Ilarels, of Fiyotte, und tho tmembers of tho Committeg, salil the Adjutunt-Geneed had tese tigled that Bo b no means of knowing thut the it was honeycombied, Insplte of all_ this, the follows who are so free to #pend otber peoplo's mon serted themselves Dnthelr inheht, und the to strike out wus lost by voto of uys 67, yuas 22, am tollows: NAYS, Allen, Loucks, Rackwell, Ames, Ladtigton Rowers, Tujley, Martin' (Whito)Itumiey, Rililigs, Melionutd, S, Hitnur, feMahon, Slwotison, + Hilnck, MeWillinths,. Bmith, Hrowa, Mocle, Bpain, Iirgun, Morgmin, Stover, Rutterlield, Mortlaud, Stuwell, Cnrr, Nlehola, Strattun (Jeffer- Cart Niehuus, sot), Chatred, Okeron, steattan (Wi, Chandicr,, Olwin, Struckmin, tileldy O'Maed, Bullivau, Chistulni, Ottun, Sumner, Collins (Wi, Tulsley, Thiotupon, Coalt, 0,8y~ 14 Thoruton, Couliny, Tt Tontz, Cowauy Teagson (Madt-Aniorivaod, Co suitly Vaudehey, Crews, Perrin, Yollu, Crook, Poterson, Whitte (Cookl, Tiviy, Tiersondreeno)Winter, Fultlovkz, wood (itnox), Lostoly Woo (b Kail oo, elghi(D pge), I Wright (Hooney urish, 1 (Wabash), 116 ln rdsonyan 8 (Cumberiand, Y oungtdood, Robinson, VEAR. Nerrlogton, Reno. Keen (Wayne), Riohnrdson Mr.Speaker—ET, Lincgar, (Adnns), Nwin, Baxtaw, McKinloy, Bhnrp, Gulls MicroRluwskl, Shunivay, HarelaFuyotte), Migure, Siitugiiin--22, Hervdigion sow moved 10 ninend tho bill by arriking out tho words *upon proper reaul o i clanze 1 the bill tntendid 1o streng o tho claio that 1k gun was broporly abtnined, e thea went on 10 vy with unususl veheinsues thit there wis nathing to Aoy Dat - the camon hud Leen properly loaded, uid to charieterlza tho LI s ain ulwmln 10_dimw moncy fron tho Treasury for something which VERY MUCH sl Th FALSE PRI IMNLED NBES, At tho conelitsion of his ramarks tho Sponker rerved thut tha questlan was ou the watfon te striko out certndn words in tho bl 1o it Hatened uttentively to tho gentlemun's speoeh, but b futlod to heur anytlng thut bore,on the llurruufmu fired up at thiy, and remarked that, whily tho polut was well take, tho Bpeke er Wi it tho proper porsan to muko it, and ho ashdedd, ** 1 glve Yol noLico now tiat you nre not to stuiid thura With your gvel iky an suction- cer with Lis haminer, ana rulse polnts of or. or.! 5 ‘Fhia fivey binst procipitated tho most undiguls - fed gord oF n civous, ‘The Bpeaker nommered with hla gavel, and flervtugton kept yelitog, * Wil you hear iy putit of ovders” For samethiug ke yo mionged. rdinarlly i member who witempts 1o get W Dist of 1°SpeUKGr Jives ou for Ticit Of wiiil, T isan Illlm‘\m] conteat of Nk puwer yorsus the shasp full of tho bummer frontu good right srm: bug thisthmé it wus ditreront, | Tho wom- ber hud gond lungs, and the Speakic’s urm guve out, At o ust fall of the mivel Hernugton's volco sthil rang out the now familine words, # Wil yon hiear iy paint of ordeet™ ** Tho gentloman will siate kia polat of or- der.” wis the reply. : “Phercupon the gentloman from Kane, inlons gungo the nost decorous, intormed thy Speaker 1hut It was not tho Bpeulur’s duty 1o tuise, but 1o decidy, polnts of oracr. Norwins It 1ho Bpouks er's duty 'to debnte e question from | the cuie | I8 unswer 1o tho urgumUnLs Of 4 ictber on tho Hoor, . 2 Tho Bpeuker replled that ho bad uot attempts e ta do thut, LUt 1o desiife pulnte of onder wid [0 vent molbers fronf beluving In un un- gentictmanly und nppurliznmentiny outhner. Adier this little seet, Inswhich tho whole House oxpiblted the kvenest and the cludcst n- terest,—upplaudtnoe now the ous dfud uow the ather o€ the partles to it.—~tho thiny quicted the nmendent was lost, and tho Ll or to third reuding. ere ure several more Just ko it on the cal- endur. und the prosumption now fs that thoy will all g through uid the Buite Yo compelled to “put up’ for other poople's cavelegness. Tho examplo oneo set, others will turn up und clatnur for shnlar componsution, aud, us lovg a3 soldlors’ reunlons are held and eannon exploded, the Gepernl Assembly will bo beslegen by o crowil of nrimtess, fegluss, and fngerless patelots, owling far relief, After settlnge this beautifnl precedent for give 3 othior folks' money, tho JHouse ad- for the dity. NUNBINS, SHLAUGUTERED, Hpectal Dispateh to The Chiengn Tribune, BrriNGrIeLy, M, April 5.—1t wns slaughter with tha House Judlelary - Committee toeday, Chatfield's bill to give tho Rallrond anil Wa hottse Commissloners plenary puswers to enfores ull orders made and to bo made, and Olwin's Nighly mornl measuro which makes ftn high misdemennar for tho defendant in a hastardy sult to compromise mntters Ly marrylng tho #irl and then deserting her In two yenrs, folt the sharp, cold adice of the Commitice knlfo. ‘Fhe License Committes did up Chnfeo's modi- fled [inds bl In sbort order, and will dump 1t Into the Houss in tho morning with the recommiendation that It «do not pass. Stowell the Prohibitionlst from Marshall, will court famo through the mediug of a minority report: The aubject will probably be made n spueiad order Cor nnnther day, when tho old flght will be repewed in all its former vigor. THE CANAL COMMITILE eonsidered tho bl to appropcinte o small fort~ ane 1o elorr vut tho Kaskaskl 1tiver, and Danl- Iy tuened the mutter over to n sub-cotnmlttee to siton it The Republicnn Benators and Itepregentatives will cauens nest Tuesdny nlght on the subject of appoctionment. They apparcntly re- olize that it Is hizh time thoy were dolng somothing, and propose to sct nbout ft withont further delny, The probability 18 thnt tho two auportionments will he mado At onn il the sime tme, and the twenty-districts plitns of Congresalonal npbortloninent scoms to uve thiy DI0St AUDPOTLEFd, Voedduy*s nenalon of the House demonstrated [ nnything further were needed I thut dircetion, that COOK COUNTY NEED 1OPE FOR NOTIING front the Grangeers and thalr ehiwaplon trom tho Rrato of Muconpin, 1t wasnotireable, howaver, At hns boen for Roveral days pust, that the ilouse g sulTertug from absenteelsn, Une fosa e ining sbould Gnpeo thero {8 soma donbt us to whother the odles: bill ean et through with the outeruen nuse artnehed, T do i requltes @ twoetul e, The op- Jineition to It to-diy Jras atvorie sough o make 18 ultitunte fute at least somewhut problemat - feal. It iy puss divesied i chige, but in thut event 118 POWER Fort Vif. 1, Tt will not he time for by, and heeomn 1w b mnking tho asscssment wi ¢ the sehiemo will remnin Invperative n Flho honeycotnl; annen billy will alzo ree quire two-thirds votes, aml there 13 son hood that they will fal for that reason, thoy get throlel tho 11 gy o retled wpon to in 5 kit . The Bepate looks with an unfriendly exe on the nvernge elalm, und the netion of the Eennto Appropriutions Committee thisnfternoun i slttlugedasre hard upay Mr. Shinulek’s bild ta |m]rmnuxxermcd some P I8 slmply & cuse i polut, SITTING BULL. It ¥s Apnin Announced thint This Fas maous Indian WHI Sarrender. Telegrnms recefved at military bendquuriers yesterduy Indieate thut Sltting Bull and his hos- thle Sloux witl soon bo receiving atlons from “the Indfan Depactment and Wy inou stock of nmmunltlon for the sext outhrenk. Cnpt, fteed telegrnphs from Yoplur River, under dute of March 20, us follows: *Two of the Indinns gent ont by Maj. Brothor- ton in February arrived here to-night with nlno bucks from Sittlug Bull’s cump. They repart, thut twenty-pix lodges, munbering ubout 200 soule, of whom aver Ufty are bueky, are within fifty: miles of here, e¢n Toute to Buford to surrender, and that nu staeying conditton. Mul, Crozfer, dinn Mounted Police, wrlles mo thut 1 Wood Mouuntuln with the fu- anderlng i gond taith, but ho ljeves thoy mny be enstly induced to chungy their minds, 18end to-tnurrow -un eseore with rations nud transportution to meet thom. Alll- son_secompinles it The latans who aerived to-plirhit are quartered i my camp. They came on faot unid roport_fow poniea but_plenty of It the eomp, Looe Hog 13 wid to be in e of the party” tat), Hrotherten éitbsoquently tetegrnphs from Tort Butord, under itate of Apcll 4, 18 follows: 4 1 have Just heaed from Seont Allison, by b caurlor front Poplur 1tiver, that two of tho four fudings 1 sent to Sitthg-Bull's enmp arerived at Poplur River on the %, nccompanied by nino hostllos from Sitting-1ull's eamip, wnd report o camp eonsisting ot 200 souls, 111y niles aut trom Popiar River, e voute to Fort Buford to surrens der, ‘flio enmp I moving slowly, and will reach Fopiar Grove nbout tho iih. Sitting- Bull proms tses to fulluw s soon s the wround drivs out enough to ke the trayeling good, 1 will sturt trunsportation and provisions to Poplur Grove 115 the woruing o meet thens. 3, 11, BROTHERTON, # Major, Seventh Infanir, e er—— ommundiing PROHIBITIONISTS. Thelr bnllxgn in ¥ these |lun}llu ntlon of su ttannpolis - Yesters 4 , Spectal Dispateh to The Chicago Tridune, IxviaNavonts, Ind, Aprit %--The State Christian Tomperanee Unlon clected tho tol- Jowlng oMeers to-ny: President, Judgo . W, Marrngton, of Indianapotis; First VieeProsi- dent, Tuomas Kavauagt, vf Ft. Wayues Seeond Vice-Vrestdent, Dr, J, . Sitchell, of Terro Mare; General Sceretary, D, 11, Ross, of Indiun- . W. Jarrington, of Ine Committee, A. K. Plorce, mth, of Bluiton, Josmby tohn Drake, of Lufayosto, it Auretta Hoyt, AT, W, Tlnrrineton, and ore appainted ns delegites 10 tho Suelety i Suratoga I rullve Committee wus rcie 1 After the adoption of resulutions of thaika to the vailvontls mid press for conrtesies extended, and thoe tking up ol w colleetlon to detyuy ex- pensed, the Convention adjourned to meot ue Kokouio next year, 3 tunmediutely” atter wdjournment the Grand Femporance Comneil of 1ndinng, which |3 tho central orgunizition of the entire prohibition movements ynd ts vomposed of delegn the IBtue it1bbon orgmintions, Good Y Ladlgren, utd ull uthers, wet, Dr, J. . F of Sovtnony, thu I 1, In thg chil nnes, We I Tramniel co of Lufayette. aind Mr, I S wera appolnied o Conl- mittes on Credentlals, The mose of tho ufter- noop wiis cansued b recelving and exumiuing th credontiuls of dele; e PERSONAL, Bpectat Disvateh ta The Chieago Tribune, Minawauskns, Apell T=Wit Staplotan, lnte s suclute editor ot the St bunls Globe- Democrat, and ut one time s moember of tho Sentincl stafl, who s temporariy in Milwrukee, i8 about to cstabllsh o newspapor fn Jlutte City, Montain, Ihram Bmith, the cheese and butter mny of Sheboygan, Is i the elty, an s way howo from New York, Mr, Smith ¢ that the Congress sintul Contmittes i New ¥ thut 44 dt work on tho subjeet of oleomaranrine will mulko i ciiled roport ugafnat tho tatlis, und Bo thinks it will bo tho moenus of stunping out §ta msnu: fuetutatun great oxtonl, Destersin thut article, Voth in Liverpoul and New Vork, since the ins vesthrtions ol the Committeo bogun, bave ust considernble movy by Buving thy stul left on tholr hunds, e e——— ANTI-MONOPOLY LEAGUE, Bpectul Litapateh to ‘Ihe Chicugo Lribunts MILWAUKEE, Aprll 7.—Prominent Gormans in this clty wra eogaged In clreniutity o pupor tor slgnuturd In tho Intorest of formiug a braneh in thiscity to the Antl \luunlmllu Leaguo which wis formd ut Cooper Institute, Now Yorlt, on tho 2tk of February last. The papor 4 i buth English and Germnn, wid, although tho move ek only recently been conmenced, qulte a number of slgnatiires haveateendy boen utized. . ——————— SMALL-POX. Minroun, Ind, April 5.—Two deaths aro re- ported from sntdi-pox sbout 8V nflos cast of Jre. One new ease bas also muade its nppenrs ance. ‘Thore are threo ur four cases, whicb, it 1 tie, D s 4 Kou Jesse Witson, of Fui Mr, Mel thought, will be fatel, Bibtee WoAvSE, AbHi T.~Hartzll and Lo, of Morooviilo, died ut that lmnw last night of Burullepox, maklg (e Lt 0ULor twelvo cused, A puat-house has b vroeted, and other pul’(‘nl! Buve been taken thory s aT———— TELEPHONIC, d Bpeciat Divpateh 10 The Chicago Tyiduns, MiLwAUKEE, Aprll T.—C 1L Haskins, of this negutiuting for the purchase of ull tho Jone uxehnbges 10 1ho Stute, Buving o view W Stato Bxchingo, A compuny 18 butng formda with ¥log,0 capltal Tor v estubllsbuient of tulephone’ commuieatlon betweon aly of thu feading cltied [0 the Buto of Wiseonsin, Tho Bew compuny 18 negottatlpy for the Folid du Lug and othor frinehiscs. & Winchestor's fiypopiioaphises Wil eure consumpton, pouithd, wenk luags. broneultis, snd goncral dobIlity. ~ Establlsh LWL -0Us YOUT Usa Hop Hittors m{'« and you will use no othor mudicine, Test ft . of tho vmergeney . THE COURT The Pullman Company Seeks an Accounting of the Balti~ more & Ohio. Interesting History of the Con= tract Between the Poare ties, A Rumber of Decisions Rendered by the Appellate Court, A Nuwber of Divoree Suits Begun and Ended Yes- terdng—Judgments, Ele. PULLMAN PALACE-CARt COMPANY A vory voluminous biil wiis filed yesterday ofte ernoon In the Unlted Stutes Cirenlt Court by tho Paliman Palsce-Lar Company ngainat the Salthmore & Oblu Radirond Compuny, wsking for an uccount, The il cyarees that an the Istof October, 40, ap ngreement was made between tho parties by which the Paluce-Car Company was to turnlsh tho necessary number of draw- sug-room and sleeping curs for the trasportation of pussengers to meet the requirements of teav- elurs aver tho road, or over tha lines (e might control by lease. Compltulnant wus to keep the ourpets, upholsterig, und bedding of each car In yood order und repair, and renew tho sumewhen necessury ut its own exeept sucl ns shoukl bu rendered necessary by reuson of ne- cident of cusunity 1o tho cars whils running on tho road, The rallrond cumpany wus to huve thy slecplug nod drawing-room cars, with the prssenger tiaid, on [ts uwn llies and ou all rowds which [t then controlled, and also on tho pissenyer trains on which, by its contracts with oskior rouda, {4 hitd tho right to use such curs, It i niso £ furnish ut 118 own expenss wil fucl for the cara, the materfal for the Lghts, and Keep the enrs In gowld runngme order and repir, Iuciuding tho rene f worn-out parts, and il (ks pestuiiing TS BeCEsInEY 0 keep miem in featechis ditlon. The ruilrond compiny Was nish 1o furnish one-haif of ail the capltnl " required to unj‘ for the necessary eiipment, und were, therefore, (o be entitil 10 otiesbulf of ull the' proilts arising from the buslness, vl also to bear one-tndl ¢he losses, complinnt to bear tho other half, ~Complets ook of niecount wero to bu kapt by tho tuite N1 8 miieh of 1ho enernl exponsesof thiton pininant were to be udded to the speettie punses Tor the eara runslog on detendant's lin a3 the ssimber of ears running on rdant's lines were Lo the whole number of cars run by complainnnt 01 il of 1he lines operated LY i, The cquipment und cars were tabecome tho Joing property of the two partics, and tho contract Wi to Fiin ten years, or th October, 1890, Dure Ingr that Unie tie partics beesiny the Joint own- craof thirty sleeping-cury wnd thres drawing. room cirs, ong of which, the ** Baltimore,” wis burned sume thne ngo, The contraet nlsn provided that when it ex- plred by Himitutl ree ebitrators sbould bo appoinied exper 1 1n the value of this kind of "proy who shouid appraise the volue of thu sleepling-cars and equipment, and _whose vinimotsdecision should Lo tial, Mesars, I Ganze, J, J. De Goliyer, und . N. Kulbaugh were chosen 18 such eommitles, hut the two chosen by tbo parties themsclves wasted months It seleethng t thied, and then the three fnlled to reenmong thenmeives, and their libor proved abortive, It waa ngrecd tho cars wad equip- ment should go Into the bands of tho apprisers, bu since thelr work cume_to naught this foll through, and sinee tho 18t of Novewber Inat, the contraet hnvine teen exteaded a month by nEreement, the ears hivo been standing idle fn tho defendant's possession, rapidiy deteriorts firzz It vadue, exposed to. the wenther, snd caris o nathing, 108 to the mmtual Intoreat of buth partles that some settlement Do tanda 13 soon s possible, k0 that the eapital Invested In the curs mway be used In some proi- abte muunner, but dispuies have arisen ns 1/ the itmonnt duefrom otetotho other,und an amnica- ble settlement secing fmpossible, It lseharged that tho rullrun futied, ot gredt weasure, o k repalr or in good runnlng order, ot to newuls of the cavpoers, upholstoring, and dlng, us it agreed, and that it would itow require uhout S1T500 1o muke good, the dnnmmge, Ones Bl of this umount shovld Be pakd by e de- fondunt. In Novoember, 1875, the orlgionl con= et was moditicd ¥o that t ompluinung wis 10 operite n line of sleeplng-curs botweun Chi- cuga and Jersey Ul 1w Lo runover tho de- fendaut's Mg from Chlenwo to Sbelby Junetion, - distance of. 5 tiles, und 1o furnlsh the * necessury cars, and tho raltromt eompauy, nstend of payimg the runnlng espenses, ele., wis to py thice cents n milo on every milo_run by ench ear, This con- T cantlinied 0 foree from November, 1635, to when 1t was reseinded at do- fendunt's requdst, Durlng this tine theroe were n (0 twenty cars run, 'The mumber of Shes Tum wins 471,485, o which thie mileage wis ?‘ 101055, which the rallron] compnny bus neg- ot cd topny, A numqger of ¢xtrg ears were d whieh were 1o o paid for it te, nnd ut the rte of three cents A mile, which comulutnunt cluitng wis reasons able, there wonld be $1,3%5 mure due it, The bkl thon goes ¢n Lo glve a number of: athor (tema on which d W complulnant, bt - which - the rallrond compuny bes negleeted , or refused to pay. lly tho Ccontract the Palaco Cur Contpuny wad to huve the entiva grosy ves ceipts trom tho sale of berwbs aud seats I nil sleeping-cars uwhed by it, und not belongine to those speetdly held inemnpmaon, It scomplajned that botween I570 and 133, the defendant re- coetved £531L2 from this source, which it hns fulled 10 - oten 1111874 WO eXtri ears were tuken olf the Ornge. Alexandrin Munassud Rulirond, and, nfter bemg sively repaired and m[“‘"' d, were put on defendant’s e, Tuere 13 dispiite us 1o the cost of the repuis, . but complinant Hxes Ic at 15,000, whick 1t also nsks dufendunt 10 pay, Under the cons act tha Iitier was to be liable for ciars de- nl by weeldent or easunlty, On tho 17th ot Wil November, 1878, ono sl -t LR near Fatieréon Cres 5 fo! tho rallrond ozt iy & hnt ita_ valoe. Some biggug also lost valued ut FB205 o moiety of which likewlse should by borne Ly 1ho rallroad com- !)mu‘. Thore 18 alsn 0 duw for two eory used n Oetobur, 159, and 418 tor tho wse of neir tn Oetober, I duly and Awst, 1875, while tho rajirond strikes were i1 progress, n nwmlor 0f complilany's cirs wore used by the rallraud company for transporting und Iodging muny of its A.'In|llni‘(-u while proteotin s propertys uid tho complaiant thinks onc-hulf tho valito of such enr-servieo of 1425 khould Le borbu by tho defedunt, - Other it of sbmilar churneter aro 1,00 dise on 1 Joint contract butween com- plelnant, defendant, the Pennsylvanin ituallrond, und the Philudelbhiy, Wiminzton & Baltimoro Hallromd for tho useof cars,of &,72081 for | re lorchules supplled In 1674 tor parlor ears, of due’ an eoupun tekets sold tor eomplaing aeceount, and of FLUI1 pald tor tiekots turnisi to complainn’s private detectives over tho roml, which should be repuld, and ot due on stidry other ieeuunts for smull ltems, In coneluglon the compliinant asks thnt tho rattrond company bo compeiicd 1o necount for tho vitlue of thothirty-two cars furnished un- der the orlginal contruet, that wsetticnient tny bo bad of afl tho muatiers lu comroversy us utd tho _detendant compelled 1o Y Whntever i die from it und that in the menntim 1 ltecelver iy be nppointed to tuko churge of tho cars: and othier vroporty which I3 the subject ot Htigatlon, THE ATPELLATE COURT, Tho Jites of tho Appellate Court mict yoster- day mornioy ane announced declslons fu the Tollowing ciuscs BLVERSED AND REMANDED, | 811, Peoploe's Insurnnce Compnny v, Paddon, _BW, Wheoler & Wilson Stanufucturing Come- -puus V8. Lo, 538, Clty vs, Ehepard; rehearing allowed. £23, Leftch va. Colson, *. 16, Jenkius vs. Buuer; recarlug allowed as 1o part of ho cusv. AVFIRMED, 831, Slomenskl vs. Hartung. 22, Dadge ve, [ydo Park, 882, Weeks v, Okden, . &2, Goodwillle va, Lucey, R N e &3, Uureess e, Nichaols, 811 McCurtby vs. Motiraw, POWERS ©0F TIE APPELLATE .couner, . The ense of David Oglo va, V. A, Turpln, 1o- cefver, dectied by the Appeliate Court yesters day, invoived a novel qguestion ng to tho powor of that Court tu yoverso {18 own opinlons whon thoy hud heen erroncoud or overruled by tho Bupremo Court, Uglo recovensd n Sudgmont i the Buperior Court agalnst Yurpln, but on appesl dn Maren, I, that Judgment wus reversed, Anuther bearing wus thon had in 150 Court below on precisely 1ho suna evidenocs wnd plewdings, and w decreo ontered I aceords ates with the decislon, or the ‘\vlmllulu Col shumissing the GHL for want of egulty. thon uppesled, and clabned thut the Supremo Court, i another case involving sinsilir fucts, 4 tuken a dilferent view of tho principles ju Tho Appellate. Court, Judgo Hulley rendering tho oplujon, suld that, though tho di= clsionavi 1he Buprome, Court were bidiag on the Appeilate Conrt us ‘sitburity, you tho pross ent quoston was whether 1 Thiy cudo it woult proper for the Appotiute Court on seeond up- poul to attompt Lo rendjudicnte the questlons it b vnve deolitod, even it it shottd becony con vinoed 118 former doclalon wus erroncous. Tt bud boen uniformly beld by the Supromw Court ot Hinots and of tho United Btatos that, on o see ond appeal, thoso Courts would not euus- sider any guestions which bud been pussed on und detormined by thew on s torner appeuls but thut ull suoli questlons were 1o bo regurded ws res udfudicatu. The ouly way to buve such & erd gums hove neerned | deelsion roconaidsred was Ly petitfon far ro. view at the term, and when tho term had gone by the dectsion was rrevoeable. Any, other rile wonld lead (o endlens Jitiention, New arii- monts wonitd repentedly b presented, und th worlld then Bually set- 11 howoye Ifnend in the present that the rule wnd diTerent in the Appellato Conre, where an nps penl Iny from (tto tho Supreme Conrl. That though'the Supreme Courc might he hound by ity Farmer adindiention, the appollate Court was not, bt might distegird §in former decision, ahoulid it eonelide sieh decision was erroncous, Tho dectaions of the houks, however, did not 1est on the elrcumatance that she procecdinid o1 uppeals were Mg colrt of st resort, but on thn broader gron 14stions, both Tnw and u eonrt of tween the purtles, so long s the Judument roe maina n Toree, res adjucicatn, and that the ju- ristiction of Appellate Courts was limited to appeal W WERS of error frorn th Judgmentsof Infenor courts, and Aid not_embrice 1o po o ry! or revoerse thoir own declsions uft tho term hod passed, and the time Hmited Ly thelr rules and practies for grunting rehonrtiogs had expired, The Supreme Court had expreasly pluced ta refusal to reconsider o former de- clsion on Hs want of power to do 8o, and 1t wis vory cleur that tho powers of the Appellate Court’ on un nppenl wera no broder than those of the Supreme Coort. Tho Inngiawe of neithor the Coustitution nor thn Atututes conferred on the Appeliate Conrt moro extensive MILOrIts thi on the Supreme Court, and tho tenth keetion of the aet for tho estab- Hishment of Appellsto Courts expressiy pri- Yided that the praetier inthose Courts shiubi bo the unme ns (n the Supreme Court, so far as upe plienble. On the farmerdeereo tha present cuse wits remnded, with {natriietions to enter i deerco only In necardunes with tie oplulansg filed, The recond remnined snbstanticlly unchanged, nnd the deoree having been ontered I steict copn- plinner with the mandate, tenew question \wie presented by tho second appenl which conld be convden ‘The decrea would therefore have to be nfirmed. leaving it to tho gunreme Court to finully determine the rights of the purties. ADMISIBILITY OF PAROL EVI- o DENCE. - In tho cnto of Leltch vs. Colron,n eurlous nstance was given of tho facility with which Justices of the Penco mnke law. Cotson sucd 4. I, Lefweh and Jternard Kelly, and obtained personal service und judyment by defauit for BERM, About ihreo yewrs afterward Colson sued outn reiro fuclas uwwainst Lolteh Lefore D, . ammer on this samo Juidement, and on tho return doy fled n written document vacat- Inw the Judgment agalnst Leiteh on the repros aentution that tBo defondunt ‘had never buen surved with summons, Leitch moved to _huve the seire dismissed, which was nllowed, Colson then appented and in the Clretit Couet paral evidencs wis admitted to show that the orfginat summona was ot served on lefteh, The welre {neh pro us were therefore allowed to stand, and Colson recovered Judgment, | Tho Appellato Caurt by udgo Wilsen held thut thls was error, T'ho only Iln;s!lnn Wi a8 to whethior parol ove sdence cottld be ndmitted o contradict tho Cons etuhio's 'return on the summons, The statute axpressly provided thae a seire faclas could only fssue niralnst o defendont who nad not persoti= n served, The Constable’s return showed oth deféndanty, and the lnw wag well settied that tho return of @ Sherltl or Constable , 18 between the partivs, conclusive in the emne Auit. and would not be contradicted by purol evidence, e rilo wis based vg grounds of publie polley, and rested on_the sawe priacle ple that excltiled parol proof when offcre vary or contriutlet a vecord—uutmely, the necessi- ty ot presorving Inviolste public conitdence in the stbitity aad certainty of judieinl proceeds Ings. Thevaeatfon by appellec of tho judgment ita” wgenlust nppelfant, fu.no was changed tho legal status of the ew thy retuen wus cons clusive on both tho defendanty tho Juatfce b Vueating of th no authority to Issun the seire facine, the [idgmient. wis but a declarati pinnthE thiat tho summony bid not b st tho plalntlil canld got by auy wers set of his own Invest the Justies with a” Jurisdiction he did nut otherwlse hassess, The Clreult Court, therefore, erred in allowlng barol evideneo to be introdpesd to eontrudict the return, and tho Sudgment would huve to be reversed and the case rumunded. SHEPARD V The Appellate Court yesterduy nllowed tho pe- titlon for rehearing fn tho cnse of Henry M. Shepard epuinst the City of Chicugo, This wug a et to recover dwmages cnused by taking pluintitf’s property for the open- fng of Dearborn etrect, and Shepurd recovered o Judgment for nbout 830,000, On ap- sull] this Judement was silicme yesterduy e [lister snid that on nt of tho fm 150 aanount involved eltbor directly or - a v—aliout $1L250.000, or tho whole assesy- ment—they bud dectded to aliow the cuse to Lo rebew i DIVORCES, Georgo A, Earle filed a blll yesterdny ngninst his wite, 8. Loulse Enrle, nsking fora divorceon tho ground of descreion. Witt{ain Brown niso asked for o divoreo from Lydia €, Brown for tho same cause. ' In July, 1850, Buth Geddes was married to James Tiylor, but in two werks the honceywmoon was over for ifw, und e besan abusing er— kicking aud siapping her ot nunerons oeen- slans, - Finally, 13 Uetober following, ho com- pehied hier th fenve the bouso on threats of kill- i hur, and she hns slice refused 1o return tor feur of her life. And yesterduy sho began o suit 10 have ber marriuge tes dissolved on eecount of bi4 cruelty and desortion, dudien Bariiuin yesterday” granted divorces to the following purties: Elizabeth J. Viues from Horave (3 Vines, on the ground of desertions Helenu Jones fram Jobn Janes, on tho ground of eruelty: Alesnnder Kanules' from Cathariug Ranwles, for mtulterss tud Goorge W, Enstwoud trom Neilio B, Enstwood, for d 0. Judiee Tuley grnuted - divoree to Albertlon Oizel from Justus Otzel, on the grovnd’ of adultery, STATE COURTS, I, Kiclam & Co. began a sult yestordny for 21500 ngainst George Derever. Aundrew J, Medeling commenced ai netlon in trespass aguinst Joseph W. Spaling’ laying dam- nges nt 5,000, chund Fitzgeratd bewan a sult in trover nguinst ‘Thoinug und Jotn D, Tulley aud O, L, Mutin, Wyl diinnges al 1,600, Willlutit Subl, nrsested on n charee of aduction at the Instance of Goorgo Lepgaenbuger and fent to ull tn defunlt of €500 ball, Nied o petition for habens corpird, complulnipe that the evis dence ngainst him s cutirely insulliclent to war- raut s detentlon, PROBA COURT. Tu tho matter af tha eatato of Clemans Kuhne, decensed, tho witl was proven and letters tesine metary woro grunted to Angolics Kulne, under Lond for £08,000, 1u the matter of the estate of Toowns Tennes sen, deconsed, lotters of administration wero grunted 10 Kutrlae M, Tennessen, under bund 1or §10,000, CRIMINAL COURT. Alfred Haltford was trled for rapo and ace quitted, Tlmothy McCarthy was ti far tho lurceny of lotters fromehils employs i found guilty, Tho Jury found the property Lo be worth &2, und recoinended mevey. Curistlun Koth was trled for larceny and ne- quiited S Alexander Plorce plewded gulity to lureeny, anl wis remnded, Danie! Mationey, allns, ete., was tried for rol- bery, und tho Jury wiil retirn a sealed verdleng) THE CALL. ¥ Juoau Duustiosp—intervening potitlon In the Foledo, Peorin & Wursniw Rattrond ense, Juvan BLonorTr—No court, AvrErnaTe Count—31, 53, b0, 6T, 68, on henrnig. Junne GARY—00, 483, 475 1o 477, 470, 481, 440, 5010560, Noewse on triul. Jupos: Snrri—No prefiminary eall, Trial cutl 2,10, i Uty N, U, T 6, 3,0k, Now 2442, Martin vs, Western Unlon Tolegsuph Compuny, on teil, Jubar WikLiANSON=—Assikts Judgo Gury, No, 2,458, Cniver v, Oay, on trial, Jubie JasesoN=No cal, Nu. 235, Roth ve Ehnn, on hearing, - IJumu: GArpNLi—~H 10, 11, 12, No cuse on henrinig, t 36, 80, 087,105, o, 01, No case Jumit ROALRE=~IY, Frasbor ve. Murshall, Ui MORAN=-417, 150y 403, 404, 467, and 4, No, 4430, Golding va, Tiifany Retrigenitor- Car Campiny, o triat, b Junan Teisy—i6, 47, 48,40, No. 42, Levort, og bearlug. o Jubols RARNUM=Na oull, Coutested matian in lako View Publishing Company ve, Avm- strotyg, on hearing. B Juuae LooMis—=Sot vago No, 10%% and Nos. 10, 1447, LY, 001, LUK, 1,120, 11T, 1,20, 1201, 10, ozl Tomet, 15000 08T, ", 780, T, unav. Wawes—tet cndes Nog, 46 and 0, und Now, 160, 153, 178, 170, 100, 107, 200, 07, 210, 211, 219, 210, 217, undd 18, Jupar ANTHONY—Nos. 1,001, 1,104, 1,103, 1,103, aud 1,118, Lovert va, JUDUGMENTS, Burenrron CounT—Junuy BaiTi—Adims & Wostluke Manufucturing Compiny ve. Isudory Levt & Cowpany, SXhIT—Jumes Duuu ve, Poter Quimbuet, ¥ITLUG—L, C, Thompson et ul. v, Frodorick Crumtuntien, $73.=Juseph Ledorer, uSg, Cle., VB, Ludwlg Thivton, §.7 Cinctit Covtr—Junat Mot Bebrocders, use, vte., va. The Hekla K nsure wiee Company of Mudison, Win.; veedict, $545.50, wnd mution fOr now trink—Chitistinn Johnson vi. Jusoph T Paylor; voralet, 80, 93 Washington-st. _ADVE Apvnoy vstabiishod 165 wout favogubly reted i uny of the louding papors it 104 U, S Llcasy cONIUIL GUF Wrle bolusd coutraciug ‘il MUSEMENTS, HOOLEY’S THEATRE, 1AST FOUI FEIFOUMANCES OF OLEVETTE, THE HIT OF TIlE 8EASON, | { JOFN HOWSON n apt. Bo Morr CATHEILNE LEWIS 0 cevnmerrssresnssonso Olteatial AND THE ENTIUE COMLEY-BARTONy COMPANY, ; X ¥ Dircct from the Fifth-av., Thcatra’% New York, ;/ ey i I:u!t Grand Olivetfc Matinee Saturiday at ’{{ Extra Performance Sunday Night at'8, Vi 2 GILAND OPERA-TIOUSE, Clark-st. opn. Court-Tlonse, TWO WEEKS ONLYI { IBHLILIEE { TiAlYiLIOiR]:z #*ALL, ON ACCOUNT OF ELIZA." :'(; If you can’t et acat this vonini, come somo othor 3 ' ovening, GOOD MORNING, 2 “ Guln Matinen 8aturday aftornoon, Epectal Pore '3, formenee SUNDAY NIGHT. ; HAVERLY’S THEATRE, .30 HAVERLY ovos . ov.. Matakor wid Proprletoe EMPIIATIC T, Indnrsed by Publlo and Preas, GLENEVIEVE WARD, In nor orlsinal wnd forcible creatlon of STLPIANIE, Marq de Morivart, in the great play, ontitled FOIRG I T-DIE-NOT. €7 Mas Ward does not piny W ‘ of Bunnday hyrarmmcas. P17 Wedueadar Matineos amtar SEALCHDAS MATISER AT 2. Niithin, nd i Piikd) WALEACE, s of BISS WIHTAKER and L o A‘C»\" l;'.'.‘l,\' &)E‘ !luh;'((). 041 e, 1lalstod-st, near Madison, WAL EMM Y r. NICK SOITO. Bl 124 ¥vary Evening und Matinees this weok. JOTIN DILLON In Farce: Andy nnd Annto Hoghos, Chatirs Diamonil, C] lea G Spects Joun Mucruy i:“’l 1 C\)Hl’h‘(’l |‘"l£lf“fla:l"|l13< YLONSTABLE OO Supported by Genrge Learock and Stock Company, diminglon—Kvenings wid Sundsy. Motined, 15 3, and e, Wed. nnd Snt. Matinews, 15, 2 und oo, Hoats it b evurdd by buth Edison and ol tolowhoncs. MVICKERS THEATRE. 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