, 1873-03-22
THE LAW COURTS.
How Firo ind Law Have Adjusted
the Olark Street Staircase
War.
The Orphan Asylum Habeas Corpus
Case Before Judge FarWell.
Itoms from the Court Of Bankruptoy---
New Suits.

Everybody in Chicago llae hoard Of tho stair
caao war" o. 1t waB called Mt tho timo namely,
tho litigation Iii Morrison OF aE. Y. King ct al, to
enjoin tho destruction of staircase, partly III
No. 155 and partly in No. 1853 South olnrk street,
boforo tho lre tho block having boon vaonted
by james II. Morrison, who dtod III 1913, the
widow having No. 155, nnd otlior parties No. l03'
After longthenod fight in tho courta horo' tho
question was carried to the Supreme Court, who
llavo affirmed the docrco Of tho lower court, tho
fro Of October, 1871, having, howoTer, far moro
effectively aolyol tho problem by destroying tho
property. Tho opinion Of tho Supreme Court,
by Judge McAlliHter, Ia as follows:
Tho nrpellec Mary A. Hing, was, bcgoro hcr marriage
With har co-complaant ii this causc, tle widow Of
James n orson who ea IN T. 1ss x a. besao
If I'll III wa b r. iss sa'sy ty By sa
painant, agalnst appellants, to restrain them from
kF thsy Proposed t. @ portion asn soita Fl in
ss M" md %'dos ~ incidental ss
onts attached charged upon part of anid baild
ing proposed o b. taken down. sn1 "hi al
and proofs, the court below found III her fayor nna
repe.uay enoned the frT 1 wneh eato ~
fseta aro 't,ndspnted. III 1868 aud 1904 tl!e said
Jn,nta IT.. Morrison, being the oSner of a ras 2!
nces inches and DEPTH Il eighty teat constructed brick
ppisns ls arr vs stores TIRES
In height, With bascmcnts Tlasa stores Wer1 deaG'
ssh s g,ra " .tss ssss' Ss s ~
floors were usoa for rota stores and tho second and
third oors for Offices, nns S store ea %Hn
sRtasnss spos Clark ''s s9se, aud seaF$sei ison
oeEs y " ef % Ma cqsenaa he liz soros IN
Nos 1b3 mud l55, which wore only about seventeen
feet account Of Tue @ a @ areo ~
the second aoor WA common entrance for tho whole
building md by stairway vH fec. Wide te o eeNtre Nns
ia and it5 So lint two feel md half IN width for
tho stairway taken from store NO 1es anu as Tue
re reaehod T BY us stairway to hs 9ses In that
! ri IL ssS e,5is ss @ hsa sasts & 's
LIT ssa %snisssd two 's': .ss
os oss S'i ito ho ut IT. d wheh ooaed Wholly ape
No. i53 though Mt tho line bctween that store "na No
VIZ mSog upon s NO. No. 49, Ts stairway from
tho second story to tho third where thore va S aiso
central o nat IT, e ass9na story toT ere 1e
cons,ructad sky-igb four feet Dy six, IN tho roof
sad yng nS s9s M wy hyna II s II r1o, sa mS oH1s
nor stated, James ii: s1orrIson rctnn!ncd tho solo
owner leasing tho sores and offices t. alvers tsnans
cc mulor lin. until the year 1868 when 10 died tca
tate, leaving appeeo Mary his WIDOW Who aan q
ssqeny applied 70 q tas no sps n o an her s
band died Seized. The Court aajudgsl that she should
apponsd wn9 "0'ea as Nos e.
IS7 and 16p Ind the land on which they atood, dcscrb
Ing tho rcisea By notes and bounds to tna
disidna Nos IS3 and lis was nude tho dividing line
The Commissioners report as approved ny ing CoIIs
I'D she took " e s aksn saG lbs
pcants, who held the Legal tito to Noa loi and Log
the sta w 0i down. 3@nff ther ~ par II sa
viding {no Setween their part q 1 and the widgws
datton hut to erect rst-clasa building four storteI
high, with a basencnt in tho plaee Ct their two two
on]y tb,rd-cass The obvious md necessary result o.
carrying appellants plan Into effect would hAvo beer
es fo md
ting away Of onchalf Of the dth Of tho stairway TT;
thus reducing 1t to stairway only two and halt feo
In width. Ths would have bean too narTow and In
convenient for persons 10 rass Sp anq H. @
sago Q, furniture for offices, to .-. md frDn r.,
tho socond story aud tie street; III ~
cause It would have taken awny the whole Of tho nra
section q tie sa,rs y would haye S tSsly g
from that soreo would lave deprived them q ii
necessary tho part taken wsakeHe ,
noyancos, her promises would It once have become d
settad setsay ~ asa And ss
this condition would 10 permanent, unless she sui
}Get'G }Se oWor nsa"' stairway IL W to- to IT, original width
taking enough for the prposo from tue w,ath oa 'to,
: l65. That bong already but about seventeen tt, ls
Il teriny detracng fron its rcntalvalue. When all Y
done tho sseondatory would be unavailable VIZ
y | means of acccsg which could be supplied only vii
great dinculty and expense, Anpoa1ta, counsel Ii
sss rxe hoe ssate from phe
IA but took 1t by netes and bounds nndor the Statute
sae hereaSrS Soto took n9taihg tS
line the centre Of tue Nall between Noe le3 q q
~ position le argues that appellants lad the clear leg
10 Fight ne away any part oi tlsE building np to u
that tut whatever of the alleged easements sho could
=. store or supply by reasonable labor expense,
~ was bound 10 aupply or do without. Iho position
~ supported neither by principle or authority.
Here tho opinion goes OF into the legal aspec
d, OF tho case, which nre dry aud uniuterostin
le winding up by affirming the decroe Of tho Cou
st below.
u len k Konnody. na " against Emily swami Matron
r. tho Protestant Orphan Asylum, commenced II
=. inst. % reported III TuE Tn1BuNE, 18th, came
yesterday morning before !; ;Suage g ntar narws., ~
o, Fri. WHO was found wandering about the stree
1g and sent by tho Mnyor to the Orphan Asylu
BY She IL now sick with consumption, and viii pre-
ably die, and her mother, who has marrled aga
on wants to get her homo in order that slo may ma
is m cdllyng aud Catholic ond, and not brent
ng her last B,irronnded BY herotics and exposed
OF irroligious influences.
l,y Mr. Moran, Counsel for tho relator, said .
IL turn wau made in which the sickness OF
r. child was Bot up as an EXCUSE for her not bel
uo proBont.
tho child presont.
The Judge thought so, too, II tho Child WAS
led enough.
ur- Mr.. Moran stated that the mother, aince 1
ttc covering the child WAS In the asylum. had b
Oh. thero once week. and since the chi!d'B illn
'or aat mp with nef. 1ho ohllu MAas9t " tot :
,of nnt tue AlatEon "ouau III; t'ov Iw ha;,n Cathn