, 1870-06-15
TILE LAW COURTS.
Injunction to Restrain the Circuit
Court Decree in the Insane Asy-
lum Heating Contract
Denied.
DEtiners' SaIts-Chislsg Taxes - TIT
Capatity II n Exploded S.ill-Dsa-
krs RealtteA 10 CsnHAa Law
Remedies.
United Btates Circuit Court

Dill lnluuEAuU 6U0ko u34e MILO NFosA SAS ANeA'
Of decree rendered IN the Cook County Circuit
Court, perpetnally enjotnlug the county from r.
cosnIztng the contract the for heating and Vent1-
tattug apparatus Of the Insane AsJlnun and Poor
Uauae<made With Walworth, TWohlg Furse,
and ordering the Board Of Supervisors to contract
with the Northwestern Manufacturing Company,
as the lowest and best bidder. complainant as
member of the nrln of Falwosth. T Twoh,g Fasse,
resident Of Boston and asainee OF all the right OF
the nra mder the contract enloineA, n]et his htlI
N this court The bill asked that the county 2u-
thorties be restrained from contracting under the
decree, the allegation beiu9 substantially that the
county Nas about to act in the premises, III F7ots-
IAttou ct the rights OF WaiwoEth, whose dsm hal
perfected an appeal from the decision OF the Cir
cult Court When the bill WAS iled, notice Of an
application for an injunction Tas served. the aP-
pltcatiou to be made on the 18th Instant, dag be-
Yo1d the probability OF the board being IN ses-
slou. The eject Of the notice was to prevent the
Board Of Supervtsoss from awarding the contract
II ordered b5 the decree. =
Mr Dent for the Northwestern Company, now
came IN End submitted that the matter should low
be heard; that 1t is not within the pruTince Of
complainant to conc into court and a1bitra'ay set
distant day for the hearing OF such motion, anh
that the public interest NO uld be suhseryed by
present hearing. -..--...
J1s,ge Hiodgets thought IN suca q case there
snouiu he speedy hearing, thal the public busi-
ntss Ehoutd not be unreasopAbly delayed upon the
simple option and motion OF the person dung the
bill II It were Otherwise. mau might fle bill
aud give notice that he would apply f!r al injunc
| tou ex months hence, and thus get the beHe1t OF
~ ~ IL thonrht there vaa c!ear right to cal up
| tne matter at an earlier day.
| 3lr. Wilton, representing complainant, stated
that II the board should convene between now
AID the day he had n1ed for the heasng, he would
come IN and take the matter up, otherwise on that
4ss, t,,;n ~ ae ns EnnIs titsnnjas lis bul.
I M, nent sunposed the Court would rot impose
liahI Tae decree OF the Circuit Coui1 nquires
| the board to make the contract on Wednesday,
! and he thought be had a r1Rhs to the full benedt
| for a psrty to tIa tine 20 far ahead as 10 e1n-
rioat q lie paIiy 70 whom notice has been given,
| r. corne in and h4Ee the Matter disposed Of IN :
easop.ns tme s. ne sams tine ,,;ns; sss Co1, ut
decree
This matter WIS then taken up, the bill read, and
The Court decided that the application to this
! court came too ste. Complainant had voluntarily
| submitted himself to the Jurisdiction Of the state
now Come into thts forum and attempt to involve
Il n ima coanlct viii Tue state Court Injunction
as"eA A"s LEI II UPON p1sruLra,s BOND.
United S1apes '. John s Miller ct ais This was
an action Of debt d!st,ller,a bond. dated osso-
ditionln9 that the principal stall faithfully comply
with al he provisions q lav N relation 70 The tt-
Incurred @ or cs imposed ~ fof wi Violation II any oi
the said proy,sions, etc. The nenaty Of the bnnd
was s97 ,ao and the az aa10an lad u 70 ooo. Ihe
. breach alleged WAS the noa-pafmeht u 6a1 ..
seBtedt and penalties for non-paymehL DuI!n9
the month Of October, 1865, spirits we're ulstu!ea
producing capacity. The assessment made amount.
c to $s 40, and the sum alleged 70 be actnaly ts
: was 4S,4So, With penalty OF per cent monsn
! | from June !, 1s6s. ,,..
Defendant pleaded specially fna1 upoo tue 2ott
dsy Of October, 1865 his stu heW up, When i at
notified the proper onlcer, and yielded MS adisl
lerY over to the government agents. who, as m
case Of a suspension Of work sealed tne tana a.
locked the furnace. The d1Stluery renamed lAu
Q closed during several days, when Worf was re
!, commenced. During the Suspension, delsnuan
distilled no spirtra. The government also c!alme'
Z that the defendant was further liable Tor naFM
! IN his tubs mash, Woft ana beef, nnue ne s9speaa
. cd operations, IN violation Of law DeleuaaA
+ answered to this thxt the Iu2sh. ETC, was u n
custody Of the government, and tnat owing 70 In
. explosion be could not, even ne aAo 80 tntene
. ! Cd Ma6e spfE1ts. .,..,..,.
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