The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-02-25
Nobody Liable in the Credit
Mobi1ier.
Bingham thinks so, too.
The Penitentiary Frauds
A Fist Fight.
Other Items of Interest.

SPRINGFIELD, Feb. 24.-The Supreme
Court has filed decision in the case of the
Chicago 4 Alton Railway Company cs.
The People, e1 rel., the railroad and ware
house commissioners. The decision re-
verses the Judgment of the Mclean coun-
ty Circuit Court, from which the case came
up on an appeal The last clause of the
decision says the opinion of the court is
that while the Legislature has an undues-
tionable power to prohibit unjust discrim-
ination in railroad freights, no prosecution
can be maintained under the existing act
till amended, because ii does not prohibit
unjust discrimination merely, but discrim-
ination Of any character, and because it
does not allow the companies to explain
the reason of the discrimination but for
telts their franchises upon an arbitrary and
conclusive presumption of guilt to be drawn
from the proof of an act that might
be shown to be perfectly innocent,
and in these particulars the existing act
violates the spirit Of the constitution The
judgment Of the Circuit Court, ousting the
appellant of its franchises must therefore
be reversed. The full decision is very long,
and shows wherein the court holds the
law TO be unconstitutional.
1t is stated that the Legislature will
take immediate steps to amend the law TO
conform to this decision, which was rem
dered unanimous by the judges.
WASHINGTON, Feb 4.-Mr. Butler, Of
Massachusetts, as a question of privilege,
presented the report of the Judiciary
Committee in the matter of the impeach-
ment arising out Of the report Of the
Credit Mobiher investigation committee,
which was received. The report saws the
only two impeachable officers involved are
the Vice President, and James Brooks. in
the capacity Of government director of the
Union Pacific company The latter hav-
ing long since ceased to be such officer, the
case against him has been considered no
further. The report then cites the facts
and circumstances in the case of Colfax.
assuming the facts as alleged to be all
proved. Several questions of law present
ed themselves among them whether Off
GERS can be impeached except for acts
done or alleged to be done while in Office.
! Mr.. Butler report criticizes the report
enunciated by the Poland committee and
takes the ground that there is nothing in
the testimony submitted to justify the i'm
/ peachment of the President. The
committee asked therefore to be discharged
/ from further consideration of the matter.
The report is signed by all members
except Messrs Potter, Wilson and Good
rich
| Mr., Butler moved to postpone consider
alton OF the Impeachment reports till Mon
day next Agreed to.
At the sittings of the Pomeroy commit
tee this morning Simpson said his witness
es were not ready. Two of them, whom
he might use, were in town but not present.
Thurman asked if the witness had come
with the money. Simpson said that Guerin
had arrived but that he had sent the
money by express, which required two
days longer to make the trip: that it had
not yet been seen. Thurman said the
session Of congress ends this week and the
committee could not and ought not to
make up Its mind upon the case until the
testimony was in. 1t must be carefully
considered, hence no time could be lost.
Simpson said he had six more witnesses
whom he wished to examine.
The committee examined Messrs. Ieary.
Guerin and Paine, after which the case for
the defense was opened and statements
made by Driscoll and Hanks.
Mr.. Sharp was examined He stated
that he had 4 conversation with B +
Simpson Immediately after the election
Simpson said they had to do as they had
done because it was the only wav thev
could beat the old man; Simpson stated
that himself, Eldridge and Senator John
son originated the plot; they determined
to set a trap for Pomeroy so as to beat
him they sent for Horton and he suggest
ed the plan; Bacon said he had inst the
man to go to Pomaroy and named York,
but said he would want money he said
they would have to rely on Eldridge for
the means for carrying out the scheme If
| York failed.
r. NJ. Wright, reporter, testified that
Senator johnson, one Of the plotters said
to witness the morning of the first ballot
that Pomeroy was damned old rascal
any way and he was bound to defeat him
by any means, cost what it might. Re
cess
New YORK, Feb 4.-Washinrton
specials say that in an interview Yesterday
with Representative Bingham, chairman
OF the judiciary committee, that gentle
man stated that the House had no
jurisdiction whereby the case of Vice
President Colfax could be reached by
impeachment 1t hal been decided by
tne Senate that it had no jurisdiction over
aneged offences its members had not COM
united during their connection with the
senate. l. i his opinion that like reason.
the House. e'''e VI iheiioers ~
Inc report OF the judiciary committee
on the Poland report has been prenared bt
General Butler as to the case ~ yu Jndos ~
Sherman, which has been cnns;darad (,
the committee. Mr.. Peters, q membar y =,
the committee, says there was NOT a,,o,, II i,
evidence to justify any action. The con-
mittee will recommend that his case h
referred to the next House for consider
ton. Mr.. Peters does not think major;
ty Of the House will vote for the expulsion
OF any Mobilier members. Butler viii
! make a defence of Ames Congress hal
/ not nme to take action for the impeach
{ lnsht OF Colfax. The committees repor
VIII assal the Poland report. Butler
) seeking to save Alnes, will give the Dem
. ocrats chance to save Brooks
A Herald dispatch SAYS that on Satur
day afternoon $4,000 worth of bonds ant