, 1875-07-30
THE CHARTER.
Judge Farwc1l's Decision
on tho Amended
Pleas.
He Rules Adversely to the City
in Two Important
Particulars
lie Holds that Minority Representa-
ton Should ilayo Dcen
Submitted.
And Sufficient Notice Was Not
Given Of the Voting
Places.
The City Given til Monday to Decide
What 1t Will Do.
The Aldermen Claim tho Dccfs-
ion as Il Victory.
But the Mayor Does Not SEQ It in That
Light.
But the Mayor Does Not SEQ It in That
Light.
Sheridan's ExuItation.

TIE DECISION.
ApYERsE TO TIE CITY.
At the Criminal Court yesterday morning
Judge Farwelt delivered the following decision
In the quo Wnrrhuto caaot
In this 1uo warranto sga.nst the City OF Chtca.
60 brns!nH mp The question 70 th- validity nf tho
eeeton sn'led 70 pass ,o shs question Of ndoptipx
the general chsrter-te Gerssai Incorporation law
number nf hs Questions involved, brought tr by
the rItadinss now bc!ore me, argued n3h it
s.en's set"ro Judge n?osl. and examined aud cona.-
thc question: 1t Fo,,ao lcsgh. Ic4ys W. % tsSen to
an!cnH, aud ~ TIM nmentle. rie.l!nRs. brought
lefofe 1c, salH.au.lly The sao q,.,nnx sraso. ind
on .honn question: independent oi tho t,cctatou 1t
;Jdao ;, .,I,'s nM.n f. r.. th.k H.se evo. II r.
u Int, Court th.t no final juasnmnt Il. ese,, m rs, S
dcrtsl. and lta It tx PROPER for ,hf~ Ct ut any ttno
rcar 10 rra. ay esrors st may may ss Ka.1 n "s M "o nv
htrd tirr by thu Judge then deciilsl; any Judge
WIN u"y !asn rrs'rr,l. On she ott.r hind, tue
ht rcHulAr-tha it wnn'l bo uuwarruntc,! an i'm
i,,s isnsr ,, 'n,ng to .o. I ,, au' incl,n.d to
raal right tn tnahr uuf dcrnIons IN this catp aa oIs m
It IN hcfore me, enl before ANY nnY Judgment
y entsrra 60 Mlieys II " rorrrcs, aDl that tI'nc
~lio may !hvH preceded lit this Court han made
conflicting oi'inion Ere'ounly. tL'nk that my court
while tic record r,nHns hefpre Il. HIT III c.e nf
this knl, woro thu uaiu questions III issue l,a.o eet,
bun cart fully conri,irre,I ate decided by au sbc
Judge, aonla bo d4ttcinrd to consider Questions
Tint hayo Icer argued and dvriaed .loar sht,.k
it would w prnfrr fur lnn to Ito m 1t would h+.
unativiaatle, wi,nsever might 10 my own oIninn
nj tic decision 10 which MY prcda:csnor may have
eonu ia ceisaLlo In cyury cssc AZ fur ~ ractica-
blc that there should bu rGstaiu rgsoa nT uniform
~ IL o ruling. IT the court That there rloua To MI
ret through aud du mt Hoo, evun il SHOULD diner
with my rrciccc*sur,thIs decision Of hs having gone
TO the yery nosiss 81 thu eato OIL some polnt- those
fIrti
tlsroscd Of aud cenms rart of the rscort,-how it
wonid b possible for mo to undertake, II werp 50
attempt uro,, thero rleadngs 10 nd out What ,la
law "a OH ts eublect after II carefully argued
record, and 20 not thiuk 1t would 1s rsopcr siiux
question:. which have hecii considered aui passed
about them. u!n iuc!luoAto
CoHalnEn TIL: MATTER nErTLED
90 far ~ ts Court IL concerned IN this cAse. SEQ no
proper Hay-1 do nut sRJ legal way--but do
ean - opened and re;onsldsist. Hor '''eia<. docs
do ~ II inclined mud wiling to 10 it. All
understand It, the intention Of ts parties il these
20 T1s hk Ink
fore and those that haye been passed upon by uY
nredccess os,sn way that sslers snuo Vi law that
passed upon On ta real merits, that tho
public nay know ~hs.hs, we ,ara nnisr tue
Whatever might bc ny opinlon-wheiher. on examus-
tton and careful ooasitctton Of t1a care sIould
agree with my predecessor or dldor from hi.n-whcii-
or shou rnc III contrary WY u what s has ruIed
Oh tho rc.diDEs now before no-I do 1,u. sup
pose would n'als nuy difference In tbs cousso tli4
would not 10 satisfied will my ruifng. and hovyyer Il
may have boon decided By my predecessor or however
% sna hnk shou Il s onse 20 70 se
Court, that our hghest court may pass ,u, tIt5u
m.tteFs aud thsy may 10 decided aud tor al Ao-
cordingIy,
All TO THE aEcoNp AMENDED FLEA,
think that t,S objection to that pls. has, IN sub
decided. It has Seen hul1 in I'll. thst II /. not
.as..t @ ~, tsE ~ Ys,a astsu.nt to =, h'
sro ~ asisnd.as @ s"ss aot: e nj IT.
oap s.y BY dss.imns ss il te i aefun
ant oea not claim any portion Of ths rght4 given by
this nav charter except tho sstice With reiaronco u
taxation, aty othar PARTICULAR ths dcfoutant can
dscla to 4ll tho other riRhs aud pry,lr4ce uycn
by tho charer. an That disposea u It, hut this sec.
ond plea to 10 to tho eHecs that The clty mas
right under the law, and under action taten under tho
law, cxcrciHe tho rights aud prtvilegea oonforred
that rsntIsf q .w
eoue 70 far ~ 70 hold an eiecios,. lid thst /. =.
tha. !. ha. dono haw, TINT t. does u9s' In my jads.
tho city attempting snd claiming tho right a1sr
ctse all ths privileges mi franchises conferred hy thls
cessor, lnu, u lhnk. IA tho laH without question,
IT ID NO ANBxKR
to Bay that they d. nnt Latu. any portion Of
then They must aliaclam either - to lAe whole, or
di.claim that portion they to not .how they hare
Tho right 10 "ar. .4 which they tnstss unn having
taa right 10 = therefore sustain tho demurrer ID
tho second p!ea. |
thero six socs.onH, md 10 those ei1 repcstons
thorc dennfrcra Tbs lrst replication br!npa up
my Predecessor, Judge booth. Lie hAs decided that Il
wa neetasaFY 10 submit In the nannes staed in his
oliuiau, ths question Of m!uority Ecpressnt- |
Atton. Thta replication b1tags up that very |
ra!e Tic dcnurrvr to shas replication. Tic
second replication in substance brings up tho aams
matter in aAother form. which IL ruTeFel by that de-
cnton. therefore osustuo the demurrer to tlu Buc-
oAd replication.
THE Third REPLICATION
presents queattun Ncll perhaps has not becn es-
reasly paase!l upon. III this form 1t least. Hut
tAis replication, aud khs facts which ii set.
Up tAlnk that uhal lAye 10 sustain that tollc4.
tlnu and nFerEEla tho aonugFos to1 This replication
when tho petition waa presented u have this quesou
u the 4oPt!on Of tbs charter submitted 10 hc
people, pAaseA orlnRnco dir e:tlpg iat It Should h,
submitted, h1ng the time that It shuuil 10 !
b tsAcn.-naang tho judges Of elsction-t tnsu
Thirty days lsfofa ths time sste for Tho election to 10
bald, yet On tho l0th day u April. being poo rayou
siaht before the Tina which eu eloctiun ss
nstng tho plAeeA At which tho election should bn hu
knd h1el Other and different lAees and that th. cjo
Eion vss bell u tho.e other aud different pi4se.
teht days hefoEe the electon, aud not Il the pAcss
HAT wgEe named ongiuAny. Now, xhatayer NAV I,s |
my opiu!un-whch Will uot e1pssss, aud l VIII not |
Nv thas AAte any-ss % whsthct was sol4, u il
y III a';S'' o,alou .@ia r., "t.' ~ - ntss,