, 1874-01-19
--- - .
THE COURTS.
1t is Held They Must Be Merely
Enough to Cover Actual
Expenses.
Suit Against tho Druids-..Tlle Criminal
ourt.-.Bankrnptoy lions.

great intoroat to wnrehouscmon md gratn-doni-
ors. IN tho caso Of the people Of 1tnoa Vs., W.
I. Tompkns, and othors. state's Attorney
Roed. By direction Of Attorney General, brought
suit May 9, 1878, against ". &. Tompklus. OK
Oliof Inspector Of Grain, and !. D. Lyon, A. 4.
Pickering, and others. on 100000 bond to ro-
covor O ha1nnco. which, 1t was alleged, Tomp-
kins failod to turn oyor to his SUCCESSOR, .Iar-
per.
8. K. Dow and r. J. Smith appeared for do
fondants, douurred to tho declaration, and
raiscd tho following points:
First-That thu declaration WAS insufficient in
this, that 1t did not alloge such facts as would
hayo justified tho Governor In removing TomE-
klnB and that 1t was alleged that Harper was
entitled to the money willie ho vas not a party
to the suit.
Second-Tbat no suit could be brought against
tho euretios on tho bond tor my bnlance Of In
spection funds that Tomphins might rotain in
bis hands, the law being That, aa against surety,
no implicntionb could ariBo to extcna tho con-
tract. In controversies arising on tho coustruc-
ton Of bonds with conditions for the perform
auco Of dutlos, preceded by reci:a1s, but Whero
the undertaking wns general 1t should bo re-
strained, and its obligatory force limited.
Tho defense contondcd that tho Inv did not
contemplate surplus Of money arising from in
sTeetion foes In tho hands Of tho Inspector, or
Of tho lsailroad Warehouse Commissioners TINT
tho collection Of D aurplus was unlawful that
the law did not impose the duty Of collecting
inspection fees upon tho Inspector; that II the
Commissioners imposed tho duty on tho 1nBpcct-
LIS bond, and tho surct.es could not 10 hold tor
Ills failure to accnunt; TINT tho bond was Bolely
for tile benefit of parties injured by wrongful
inspection /; that no failure Of an Inspector to
account for moneys received could 10 brought
within the condition Of The bond. and that tie
Inv III reference to inspection did not conten,-
plato that tho Inspector should have hnything to
do with the collection of fees; but oa the con-
trary wisely left the collection Of foes with
tho Railroad AMI Warehouse Commissioners.
Judge Dooth sustained tho defondants on the
points made, and hold not only that tho bopdH-
lucn were not liable for my moneys In tue hnnda
Of the Inspector, but that tho liking Of tho In
spcctiou fees at such rato as to accumulate
ing the Legitimate o1penacs OF tho office was
illegal, aud the Commissioners might bo liablo
theicfor as for m'Hdefneanor in office. State's-
Attorney Reed took formal loaYo to amend tho
declaration, in order to consult tho Attorney
General.
Upon this decision the question arises whether
any inspection fees eau 1a collected under tho
present rate Of charEes, since 1t ia evident that
tho rate fixed by tic Commissioners is above
what il necessary to dclray tho Legitimate OK
pclsca OF tho Office.
room LONE wlDnEn.
Ifary Reuter- begun u suit iu the Circuit Court
Saturday, against tho Grand Grove of Illinois
states t that 'i lor husband % was, whom al,so, mem.
bcr of tho Baid mysterious body. in good stand
lar, aud having .lo little bulls standing against
him for Lodge duea. The by-lags Of tue So
cety provide that the widow ct :any brother
h BE- easa s s Seo ea s5p paXaSs Tnn e m
such fortunate person, md deslrcs tho Court
shall compel the Dsustls to paT her that amount.
BUTT AGAINST MR. BoAMMoN.
Horny 4. Bromley filed prpclp1 in asBump-
eft in tic Circuit Court Saturday as to tho COM
mencoment OF suit against Eugene q. Long
and ). Young 9ea1nn1on, IN WHICH ho claims
$4,000 Tho san,o plaintiff also hrought "a, anoth-
claiming another S50,000.
Norlsps.
The cases for opening N-:,,qgn street from
Jackson to Fourteenth strest will bo called to-
snry that a1l the attorneys should DO present..
friday vail be tho last day Of service In tho
Superior Court.
There will be no call Of Judge Rogers calon-
dar until further notice.
UNITED STATES COURTS.
J. Taylor, olmsted d TAYLOR Of New York.
recovered Judgment by default for $1.097.60
against John y. Mayo. and tho Gor1am. Manu-
tacturing Company recovered Judgment Tor
81 1874 againat tho same alliant.
case Of John Gwynn against tho schooner Big
Ter wero considered aud decree rendered for
s3,A27.49.
pAsKnur7oY ITEMS.
Patton Il Co., OF New York. tiled a petition on
D. Hodges. Petitioners claim s73oo5 for goods
sold to tho debtors, and cbargo them
with making fraudulent mortgage on
their furnitu'e in tne Metropo'ltan a9tsa e Eod
with iutent to give the mortgasoos. A. L. Hale
| /; Co., preference. They arc charged with
making other fraudulent assignments to Lane i
| Murphy aud G. ". Il .. Partridge. A. rule to
| show causc on the 9th was Issued. md Satur.
day an order waH entered TINT tho proceeding be
dismissed unless obiectona avo filed III ton days
D. @. Hougb was appointed Provisional AZ
sienco iu the matter of Il. Riehe ct al.
Tho proceedings against the larmers 1nsur'
| anca Company wcro urdcred to be dismissed, no
objections having been filed.
| James T. Dunk Was adjudlcatod bankrupt b.
| confession, ard Leonard 6. K1iuck appolntcd
Provisional Assignee. a warrant WAS iBSucd lo'
Feb. 90.
In tho ma.tor Of Goshorn, uFoptaYne l. Co., q
petition was filed by Morgan L. Curtis. showing
TINT shortly before the proceedings ln bankrupt
cy woro brought, the haukrupts had sold to out
George Cl1appcl the hulk Of their stock for tho
hlm OF @66,00o,, receiving. their pay in lind
Chappel lias sold much of said stock at iuado-
duata pricoB. Petitioner claims that tho saft
WAS fraudulent, mud Chappel inaolycnt, and
| therefore aHka an Injunction aganHt linn fr0I
solling the stock until tle1natter be invoatiga
ted Tho injunction was issued BY tho Judge
In tho matter Of William A. Duttcrs et al.
thoro was failure to elect an Assignee, and the
ulQtter WIS certified to tho Court.
| CIRCUIT COUNT ITEMS. .--
Cornelius nlcGinuis brought suit for $40, ,00l
aaaipst Elisha G. Eager and Samuel L.sDcan.
| CRIMINAL COURT.
Saturday was arragnnout day, and aixty-on'
prisoners appeared mud plead. Among them va
II, F,ar
trial vas Tot for tha cath. There we're only abou
half dozen indictments against him.
To-day will bo the trial Of the candy and pho
tograpll lottery men, at least those cases are se
for that time.
| Gil NEn EMnKE