, 1877-11-09

tate which involSe'i value and Interests. aini
tho reputation Of The Incumbent, .ie Ind the
right Of appeal 10 II court of ehancrrr When
threatened with tnotcstatton ur disturbance IN
the exercise Of his rlgllts.
lrnaE LAwRExCH
clntmcd that tn nntaioEtt.c. Of tic Supreme
t;nurt 0f Wfscnnhfn. the Supreme Cunrt nj
Pennsylvania, thc Supreme Court IT New der
fey, and the Supreme Curt If Kcnturky, Il
wna held that. before b0wcr Of this kind c1lui
" nnTe. . s; n, ,S W.
m opportunity ot defense. On tho otlcr. *i'tc
tftarn was nnlY ono random t:asc, VI TIN Su-
prrnn Court Of Texa., ansl The Louisiana ca.e,
ttt It sertaet 70 him that tic who'll: systcm IT
MIR judiciary, The wofc theory u o,r ,t,ntnun
law. and Tile 'ioctrlnc oi o,ir constitutional
rights required that infofc tl.e ti"s-
s! sasss!vo '""' t. :hsas so%s II; s'se AS e IL: e:
sias heard, but he denied H. rtvhi q tMi: M
Governor 10 remove ut all. fa tho leginntne Of
had assumed that tic Hoycrunr hal tllc tn,wtr
Of rcnit,vnI, aiu that II WIS u1,ly neccssnty tur
him to exercise That power ~ l'rHpcr for'IF, lst
sincc they llAA ttore cl',sely examined tIto the
legal character Of the Park CantnIssiot,crn acts,
and decisions Of tho courts as tn the rDnstriie-
ton OF those nets, since the adoption OF the
Constitution, tllcy had come to the conclusion
that there wa. no power on t'e Part g! t!.e tisy.
tnisssoners were siint.ty Il pnrt Of the corpolHtc
authorities Of the Town Of West Chieslcu tn
wfD!n ~as committed The charge Ot certain
pleasure grounds. the title Of ll,ose grounds
was vested III them a. a corporation, hut they
had the same degree OF rnntrot ascvcry illtva!-
nal might exercise over his own property. rllry
hnd 10 power Of tnxnttos; tlcy simply rcrsal1..
levy Of tax. II ta,! been Il custom to .41I
them officers. TO- speak of their rosttIon ~ an
dtllrc; hut In tho sctlsc In which the term
"nif1ce &" ii liscA wl,en We speak Of Il ns tnhi-
cstiing certain functions Of the State Nayeti.
nicnt, the term ts a'utsno.ncr. The Commits
Doncrs were trustees Of rropcrty, vcslrtl with
rt"vcr IN rontrnl It; not as t'Nltvsduale. hut
simply Us snclnl'ess NJ n cGrt,0ralhM Ut tnwn
ot tue t'ovtrnmcnt Of tho Slate of Illinnis;
| thclr Jurisdiction was cnnfncal to the hartOw
do!uain ot their own nlrass1rs eroittl
| Judge tawrS.'cc Will .s''el!hin ll!t argument
| today. anu will bc followed by Milton lays,
ESQ.,, Oh Tin part Of thu new arpo!ntceA
THE EVANSTON L1.uub Law.
| The following II thu oplnts'n In fult Of Judge
Murphy: Of tlsc Appellate Eourt. in thr cass "f
Lynch. The defendant was pruscrntux Int sell.
tng ll1uos Sunday ln tho vfIfagc md conviete,l
by tho .1nsti.e Thts decision WIS rrvrrsc'l l,y
| thn Criminal Court, and tue Judgment uf The
Criminal Court rcversr.t ls tho Appellate Csd,rt
This wat m actteu In drht rtinrnctcrd originally
before 1usttrc u ths Peace T. recover The pen.
ally for violating Hcr 81 Art L. Of MI oftltnanre
or'nsnec t ,;ss eaneer'tns n rhc .i1a
hetorc The Jnst!ec rs4ntcd in Judgment sra,'lst
The defendant for s19tl an ensls iron, Mt!leh AZ,
tura ot that e"att 1K7;. thc ea.o wn. again tr,ed
sy !hs ccurt and Jury Which resulted Iii YER
10 rcyerac lhfa Judgment the appellant Tho vii
agci brings tue record 70 this cuur and nssgr. ~
tha giving Of tllc fn1lowEu. instruction by tho
Court nm hc1nf Of the defendant to:w!t: ','rhc
Court instrncts thc Jury That II they believe from
Sy ~ uucnt or AGENT. procireis tic ;eicndani 10
violate TIN ntinnnro Ii, The manner con1plsfnr oF
thru .he lay ts fo1 ,1e eiean 70" tae rnnl
dcnec lending IN show that tI1a appellant, bs its
sqdusoee ny sas acenasa ws ,inf IL
there is no evidence in the esc on Which 10 prrli
raie fHrh M fnarnctton evan though VIC cunsltler
i, the enu.c,as,on Of corrcet principle OF law in
respect 10 which we forbcaF the rxprcssin Of any
Il Il eiieyed to 30 error re on tie a1. q M lbs Court
below 10 give tha instruction: which. to say thc
lenst was calculated to nsiead tho Jury. foE which
| tho Judgment Ia reversed and tho cause fennnstct
| The next c1sc, No. . on the docket, between
tho same pnrtica submitted ut the same tinle, Is
for the same cause reversed and rcN.ansd.
III the casc of tho Vtllnge .! 8o,ltl. Eyahstun
ceiling Intoxicating 1iauors. THO Judgment Of
tho Cnlrt below WIS affirmed. 1t APPEARS that
the witness in tile casr wou1.l not tell what
liq,.nr lie drank. i'r whether II was Intoxicating.
null It was held that tue plaintiff had nut Inae
| out llis case.
| oroWaE c, sMirr.
Tic persistent wAtInrc On George e. Smith.
| the old Treasurer ot the Statu Insurance Com.
punY, to se.1c! him to sl1te"res, seems to hayc
was entered hy Juiigc DImlgcti l'y agree,
menL Of parties. Ii is mi known whit
the terms wcEo on which lie rule was dis
charged, further tlan that lien Of The National
bank al Illinois for about &1s, ,0CO was tu br dis.
charged by smith:
tTpon t!c agreement nf the Assignee anl tue pc.
tltnning cTcdllort far the rule hefe,nnftrt men.
sa. .a S tsesss sa;s, s ets !. T. sm
to show cause why l.e should int par owe! sim
Of money mentioned IN said rule. alleged to last
| and The petitions on which tho same wrs" hanet
lie Ai+,,eaed. md tl,o rasd t'corgo G. .smi,, be
fully discharged from amy further un-wcr herein.
| in THE CATTLE BUSINESS.
A novel prtscelliuC was beEun by thc Chicago
&: Altnn lsaiIrtal Company yesterday III the
United States District Court against thtrts-twc
head Of cattle. The Com1'uny STATES that or
shipped over the line eight carloads Of cattle
Two cas.lOals containing thlfty-two head Vi
Colorado steers were r.ns!gnrd to Shannon
Pratt !; Co., aud were shipped hy 4: y. Buck
transporting cattle 10 unload at cavl
pcri,d Of mt exceeding tweity"ctg'sl
hours every ~ q eat!ie for s,', 2 Is Ieri,H h,
animals, The rx.cnee ol surl attention Ia to b
a lieu on the cattle. When thr cattle tn q,,cx
tten reached Dwight. the Company nnloa'let
unl fed them at. al expense q $40. When the
sars arrived at their destination ut Wasllburn
no cousignee appeared 10 elaiu, them. md thu
Company was obliged to take care u them. Tlis
cxpci.ss has so far bcen f5O0. The law provides
tt.at cattle whcn not delivered ehal be sold iii
| liar ain fn1l1ltjDtH. HtII tHE Af3fJ1kt1Y