, 1862-11-27
LAW JNTELLTGEHCE,
The SontIt Side Contested Election
Case up Agafn..Couc1uston of an
Important SUE Against the City.


DrummoHd-There was little Of importance
transacted in this Court yesterday. The
Court opens pro Jo1ma this morning, and will
then adjourn for the day. The grand jury is
to assemble at II O'Clock.
CIRCUIT CoURT.-Ee5ors Hon. George 1ta,,-
ie7re.-The People, &c. e1 rel Michael Evans
rs. Leonard Lampartz. This case came up
a2ain yesterday afternoon on return to the
writ 81 71;aa.da,nNs as made By the defendant.
The following are the points made ia the re-
turn:
Defendant returns TINT previous to his call-
ing the TWO Justices to make the CANVASS be
had receieed What pnrpori ed to be, and what
he thought were The returns, and What had
been handed to hin as returns, from all the
precincts OF the town Of South Chicago.
He took COUNSEL and advice as to The time
when he should proceed, and was advised bT
counsel that he must proceed within four
days after the election, and That tle statutes
required him SO to do.
Michael Erens, tho r=iator, Aaron Haven,
William Donglas, and other candidates, on the
TIh 6ay of November, the day before the can
vaEs was Lad, requested Lampertz to CANVASS
the returns on the day They ~ere canrassgd
and claimed that tic law required him 80 to
proceed, and :hat they vcre present at the
canvass, and acquiesced in the Canvass, and
iIai~ LIZ tUJENG4RA ~ EAl4E 0ulll IL HE3
found that the returns from the preciuca Of
South Chicago, aud the second precinct Of the
fourth Ward were irregular, and then the 70
commenced
Said La5apcrtz allowed Haven to take from
his possession rne returns from the precinct
OF South Chicago, upon his honor, as q gen
man, thar he would not alter, change, or
amend them and that said Haven not regard
Ing his promise, did change, alter and amend
said teturas. and returned them sealed up.
and e:gned by only two Of the Judges; aid
1ansperE does net know whether they are the
came, or wlsther he has made fraudulent
entries therein or not, and therefore declines
TO cpea them unless directed by the court.
Said Lamper.s having once called to his as
sistancc two justices to canvass the vote, and
having oree performed that duty faithfully
I ard honestly, he thinks he las complied with
| both The Intent end the letter OF the la7.
| After g b1ief argument, the hearing was
! postponed to Fii6ay morning.
| Judge Monrier;e has been occupied for the
| last three days in the tril Of George L. Rob.
er1s as. The City Of Chicago, 2 suit Of great
| importance aid involving the right Of the city
| 10 construct tic approaches to our bridges as
| they have been butt.
| aId spring Of 1867, The GTaer OF two
| e1orcE BULL Oh Madison street near the E lst
cUd Of Madison street bridge. In that winter
;he city If Chicago decided to erect new
| bridge at Madison street, and to build it higher
Than the Old one TO accommodate the passage
Af;er having before them pans, they adopt.
Cd that Vi the present hEidge, aed ordered lta
constitution.
The raising Of The bridge made it necessary
10 raise an inclined plane tc pass upon tue
blidge, ard the Common Council directed
ED caused lie sat1c tc be built. This lef
3]r. K:.ber1's buildings, which he had con
structed according to the established grade,
several fsct bt]o'g lie surface, and ever
brought tie read up te the J;gnt over MS door
| the spring of 1855 He claimed thai thg
city Esd not legally changed the grade
tia: the work vas unnecessarily delayed
and improperly constructed, and thst he wa
thereby damaged to the amount Of scyers
Thousand dolsis.
The city in constructing The Tork did Il uu
der an order Of the Cuuncll, aud paid FART on
| Of the general fund, and not under any or
dinauce with an assessment, aud this wa
claimtd BY plaintiff to have been Illegal.
The work OF raising SAID approach Eas conl
t meuced in the 1nonth OF Februarr, 1857, aul
| finished III October Of same year. piaintitf al
leged that it might have been doa
: jn sixty days, and that this della
was improper. The City Attorney, Gee
d. Mech, Esq., contended that the grad
Of tire etsreets ives entirely uuder the caItro
! Of the Common Council, that the damage,
any, from mere r4isicy the grade could no
Re collected of TIE city; that tho delay,
there was ans, was while tenants were in po:
sees;on, and therefore tha. Roberts was nc
): Injured ty such deia5-
g TIE court sustained the siew taken By II
= Mecca, ard so instructed the jury, and q ye
d CT was rendered for the city.
Tits resc has :ecn decft:cd inT defendant o
e demurrer, then went to the Supreme Gnur
+ where the demurrer was oserrulsd and the cas-
sent haek to the Circuit Coa IT, ;7le1e p1ai!
| tos3 EoIJEr TaC
:, defendant, through its attorney, 1
y ". Hincett, having plead tie gener
$ issue, II WAS 11ied on the merits. aud has r
eulted In favor Of the city. We think it is tt
first time one Of these ceses, iuyoiyiag
= chsaSe ct grade, has bccn tried before iialr,
|. We feel that but simple lnstica is cone
Mi. Mech y hen we Say hat he has condact:
the dcfcrse ably ard we'll. Be was warm
III congratulated by the members of the b
!, present Gn his sfcc:ss.
= TIE Court has adjourned o-er TO Fsida
There nj | be 10 call OF tie docket u1:il No
= ! GsY,