, 1876-05-12
That Scavenger Contract Ell
fectually Disposed OF.
Judge Drummond's Decision Re-
garding the Rockford Road.
Mr. 0sterberg Gets Deed On Rather
Unsatisfactory Terms.
j. Y. ScanmOn Wins Victory
judgments and New
Suits.

T..
CITY Council of Chicago. This was suit
hroucht to prevent the award OF the con-
tract for doing the scayenger work for
the CITY to Dunno T. scanlon on the
ground that they were not the lowest bidders,
and also TINT tile city could not in any case let
the scayenger work out By contract, hut was
obliged 70 have it done BY day work, employing
one or more scavengcrs, as might be necessary
Mr.. Tuley first gave an abstract Of the allega~
tons made in his bill, and stated the relief he
asked.
Mr. Tuthul then, on behalf Of the defendants,
said that there Was not N much contest over the
acts Of the BILL but he did not agree with the
propositions OF law. The amended charter OF
1858 provided for the letting Of scayenger con-
tracts, and the power was delegated to the
Roard Of Health as to tile manner In which they
should be made. The Council had the poWer to
make conditions, and they gave the board T. OF
Health the authority to let such contracts. me
before its adoption should be continued in force,
and the new Council, seeing that there was
Board of Health in existence, ieit
it in statu quo. together with the
not t: in Conflict WITH the pzc.ent charter:
Mr. Tuthill then stated tsas when be had been
informed Of the pendenGy Of 5he ent ne ammea Rad
Of Health, who called on him with Dr. Miller Dr.
McVcknr then stated that tho facts ct the bill wero
substantially true that the contrast M o. pnnnG ~ asr
parties, and Of The appropriation made By the
counc il; and that he did not object to having theiE
had takcn steps toward having, the eeavengeE
VIEW VIEW Of those admissions, Mr Tsthili sald b
did not think IL was necessary to contest the appll-
M cation tor Injunction. Dunne & Scanlon had also
called on him, and he told them that the affair vas
one in which they interested and that II they
fhn
done SO, and he should not defend them.
Which M be- Sad a ied the bill BE said that Peter
Downey cam to him and asked him TO br1ng SUIT,
but be advised him that 5nit could not oe pfGngat
1nS msds his .pp!ieatsn fs fss
eoSeuSed to 1ns nuke small czen q
himself and bring suit in bis own name and his own
behalf. Judge Farwen thcrenpon made an a,eh osaef
no defense had been nade and both parties de-
RocKFoRD, nocK 1sIAxD = ST. LOUIS.
Tnf deea Of RoeEo
& st, Louis Railroad vas continued yesterday ne-
fore Judge Dtummond There vas asa a,sq "a ae h
euppppic,ncntal bill Of Miss Jessica E. Hooper and
the petition Of T. j. Robinson, and both matters
We TSc atosu Hon. JOIN 5. Hawley, Of Rock Island.
who object to the delivery Of . deed to Osterberg
| supplemental bill as that Of Niles Hooper coulo
| be aled, he read some extracts from the minutes
Of meeting Ct the Committee lepFesena,nS a me
| when Dr. Fcstcr the Chairman, stated that they
had agreed that the deed aud road were to remain
! before tpu 1' deed could be made it would be
necessary to appoint committee Of adminislra-
ton and that committee should be selected before
an behalf OF the bondholders would not accept the
responsibility To this osterberg had assented:
M Mey that IT i he wss n
| berg should have deed. Mr. Crawford then closed
the argument on behalf OF Osteeberg.
that % BE- %shonld not entertain lie motion to strike
the supplemental bill and petition from the hIes,
them % 5 5s q e se6ee
matter OF the suit The litigation had gone 80 far
that it seemed at present II deed conld oe made mad,
that Re should NOT allow deed to be made to Os.
te1besg in any event except ~ trustee 9n beha OF
the parties in interest and TINT It should Ge 80
dressed in the deed But in no event would he al
rcports OF osterberg before the MASTER he satis
ha Il h
Judge Trumbull and Mr. Crawford, On behalf Of
osterberg objected strongly to the condition that
saying that it would do him no good, as he could
Iii. Hawley and Judge Wilson, however, urged
| that that was Just what they feared,-that oster-
berg would sell the road and leave theis clients
helpless, and Judge Drummond refused to change
The examination into the reports Of oste5berg is
going on daily before the Master, Mr. u;
Bis9c 4 Iii as.ees BE- Esmemns5sa aeDs ohet fset
things, that ostefberg had been putting about
$40 ooo where It would do the most good b. check. T.
ont nsse=t G pad apd fsnpg an It atfas 9o hs
viii receive due attention. Mr. Whitehead, tho
Auditor OF the road, the Witness stand yes
osterberg from the time Of his taking possession
| down to april The examination will be continu-
| ed to-day.
against h ). Souas scammon are at last ended, aad
r. es aIsa sttS9n n9 Tas fS godref efw
agaest seanmen: xss oejestsd III; b he istts5 ;!;
Drummond declined to allow It to be filed, holding
ae application ;5a pqde had too no
to to rely, rely ''' under TIC circumstances. On
xt t.t sn sfFGs e being Sssn ssssnfs s1 3D.
III 4 ha ss aad wssd 70 aS rely oR poa
review he should hare made the application at the
| time the writ Of cz1oE was taken ont, 30 that he
60 many rights Of ether parties to intervene be-
tween the time Of the dismissal Of the petition by
tint e the eP p IT,
| ter at the present time would be attended With
| very serious consequences, and might work great
injustice to outside parties who had acted on the
| faith of the dismissal OF the bankruptcy pro-
| cecdlngs. .-
| DIVORCES
| Fanny Bfge!ow fled her bill Of complaint yestcr-
day, In which she relates ciFcumstanttal tale OF
the cruel manner in which her husband, Isaac F.
| Bigelow has treated her. She also charges him
with hahitual Drunkenness, mud asks for divorce.
| ITEMS
In fhe foreclosure suit OF Foedfck & Fish ~. the
| Chicago, Danyillc s Viucannes Railroad Company,
| John McManomy yesterday, BY permission, filed an
intervening petition stating that he had done work
on, and expended time in the supervision Of por-
ton Of, the Chicago, Danviile Vinceunes Road,
! from Coviugton, Ind, to the end Of the southern
| portion Of the completed roadway. for which he
Claimed he entitled to the sum Of SCI GA. g.
Judge Williams Is occupied in hearing the suit Of
| Drexel w. Will, involving dispute about 200
| acres Of land southwest OF the city. known a.
| South Lynne The defendants had a contract for
the purchase Of the property certain conditions
| which Dsexel alleges they have not fulfilled, and
| now seeks to ret aside the agreement The COM
painant's testimony wns concluded yesterday, the
| opening Of the defense made.
Judge Farxell is occupied In hearing the argu-
! nents in the case OF LoWenthal vs. the Chicago
| Danyille & Vincennes Railroad Company.
| UNITED STATES COURTS.
F. ". Porter d1ed bill against Charles G. Carl
| eon, Minnie l. Cummings, John ": Marsh, W H.