, 1873-05-30
Chun1asero's Friends Take a Hand
in the Shanahan & West
Business.
A Novelty in Tax-CortifoatoD1 Litiga-
tion.--The Lehman Estato
for Partition.
Claims Allowed 4Aigafnst the
"Lamar r"---Thc Scott Estate
bankruptcy Matters.

Mr. Assay mnuo hlB appllchtloA 1of I'LL ~ tono'.u
Restraining tho city from interfering with
N1essrs. Chaplin Il Goro'a liquor b',sinoss during
tho pondenoy OF tho stills rocoutly appealed.
Tho counsel alluded to tho fact that tho greater
portion of Mossrs. Ch.pin l. Gorc's business
was made up Of the rush Of thirsty Theatre
roors after tile rlay is over. lie roforrcd to Tho
various events in tho caso,-tho passing Of tho
II o'clock ordinance, itn going into OBJECT as law,
Chapin e. Goro'a tlroo appearances before
Banvon and their appeal to higher court.
The main points Of tho argument Tor
tho Injunction voro hasod on Ito do
struotiro nature Of tho ordnance aB. To-
garacl tho business it oontracth; that
thore 10 no rca advantage to tho city to press tho
matter until after tho undecided point il sottlsd;
that tho city can,lot nuffar by granting IN in
junction, inasmucl ag it would bo ablo to sue
upon iulractions Of tho law nftor, as Immediately
uron, their occurrence; tlat tho liccnEc contains
n provision Of Eight to sell liquors from July l,
1872 to that dato 1878, to bo "subjcct to such
ordinances as aro now and may DO hereafter III
force" !" that such latter provision is not re-
served right to tho city, to pans nny ordinance 1t
ploaEcs, but merely right to pass such ords-
nance ns tho citizens may reqriro,-that ia,
reasonable ordinance. Mr.. Asay then drew
q distinction botwcon THO II o'clock
law nnl tho Sunday low, charaotorizlng
tho latter rs involving violation Of uornl5,
vhilo tho first stands upon naked, positive obi.
CATION to obcy what tho Common Council COIN
taands; aud urged TINT the city hrs no power
to pass . law which tho ncceEaities OF tho citi-
gems do not roguiro, and thai when such ncceH-
sity is swept away tho ordinance 1tsolf fails
Tho State lars, ho argued, give tho city right
10 issao liceEsca tor one year. aud such ID"
ought to protect tho rtcoi7er Of tho license "a
wolf as the grautcr. Tho granting Of liuonsos in
dono with Wow Of tirnt: increasing tho rove"
nuo; ind aocoad, al q quasi-police measure.
Taking tho licensn in Wow Of n contract,
1ir. ABey nskcd What right has the
rity to mako change in tho samo
nfter ita iBsuo? arguing TINT If tho city
can restrain lquor-souers from transacting
buaincsa during certain hours, it can nlRo 70
strain them from selling during longer tino
than au hour every day. Tt l1as no right to
1nnl.o any chnngo other than what tho public
necessity produces, and no such necessity exists
in tho pyoaont case hlr. Assay concluded by
Btnting tAst he asked for tho injunction solely
on tic merits Of tho unconBttNtionnlity anu un-
reasonable nature Of tho ordinance, aud to as
certain ,Sllcthor tho city haa power to make s9en
clients can DO protected from ycxatiolB Suits or
not.
Corr Stiles followed, On behalf Of thc city, and
stated TINT tho rccsonabloucs3 OF tho ORDINANCE
was fully believed in by tho Common Council:
Comnlnnantu stand in I position nirailar to that
OF hundreds OF otller1 in tho city, who might put
in similar claims with regard to tho ordinances
unreasonable character. There is no ahort-out for
allow action Of tho Courts. 1Io had looked in
win for precedent to the proscnt application,
but had bcon ob!o to find no snglo
instance. Tlo powor of Tho Common
1nx Sc {Snr.
cd; tloy aro allowed to license, rogn-
luto and restrain hquor-Beltera, and tho ordi-
;lRace in question IL O regulating nnu reatrain-
ing ordinance 1io considered that there was
no argument in eonplninaut's caHo and he too
had Lrcp unnblo to produce au authority in sup
port Of lia application.
Alter porno further remarks by tho counsel for
xho complainant, the Court decided to take tho
matter ulidor ntlveomcnt.
REPUBLIC ISHUNAEgE COMPANY
Tho mooting Of oroaitora Of tho Nepublic ln-
s,,rauco Compauy. to declare dividend, took
place iu tile Unitcl stalos District Court room,
before Rssat9T ibbar yestsrasy afterneo
the statement Of accounts, by which it appeared
uaance on hand May lnaant. .s1t8, e8oGl
Received anco capital stock, "a, 6sgae
Received Encu from coEsa Of suits. 8g6.3s
Heceiyed enco from interest t,....,,....... SAFE
Roce!yed since from bills receivable ....... 8,3:39s
Receiyed snc: from euudry aceouus...... 1.4.3:
sznensss. usss....:..S go2t.o;
B4fance In hand. 1o3, ,2l9.57-S193, e4461
The balance is distributed as follows:
In secoud National B3i!k.. g0 Voo "a
In National Bank Of Illinoin: b5s:4 e
In currency ami checks III otlce. o0
IL ecrtcatcs Of drposita for costs-.+.... o,ooooo
Total. SIS. ,alo.b7
Mr.. Pnyson rcnd tho following statement:
AuousE or oIasME PROVED AID A1LowKn 70 DATE PAT
For ccrneates of iudabte.lness... IAo !?