, 1877-01-03
Two Charitable Institutions Beat
the City.
Fines to De Paid Erring Women'a
Refuge and Good Shepherd.
Testimony In tho South Park Case Draw"
Ing to nn End...Dankruptcy
Business
Insurance Company Reporta-Reoord Of
Judgments and New Suits.

Last FRIDAY an application Tns mauc ~ inc
Errtng Woman's Refuge and the House OF tic
Good Shepherd 70 Judge AfcAllLster for t,a''~
datnus to compel tho City Of ChcaRoto to pay over
to them all fines collected by It from Keepers,
inmates, md visitors Of houscs of prostitution.
It was Objected on The part Of tho city that the
general act Of incorporation Of 181o ahrogatcd
the SPECIAL law Of 1869 which gave this power.
and that Tho cit was thereby released from such
payment.
Judge Mc4i1ilstcr yesterday decided the case,
which came lip technically On demurrer to tho
petition. The Judge said tllcro was no constl-
tut1onal restraint on tho Legislature to pass
such Law, and there WIS, moreover, no doubt
but that up to 1877. tho city was bound to pay
over such moneys to tho petitioners, It being
only IN agent and custodian III the matter.
The only qucattons then were, trst, whether
| tho previous Ecgal existence Of tho municipal
corporation Of Chicago was 50 far lost or Its
legal identity 20 far changed, by tho mere fact
OF organizing under tho act Of 1877, as to tlis-
charge It from tho duties Of the agency imposed
by tic special net OF 1sGo. Or, second, II not so
discharged, WAS the special net Of 1869 repealed
| expressly or bY implication Nv any Ut the pro-
Visions Of tho general statu to of 1877, under
| which such Organization was effected! As / 0
tho first proposition, there was no doubt but
that IL had preserved its legal identity. Tho
corporation Of Chicago 1ai existed for many
years under different lava. twas legal entity,
and as such submitted ITSELF to the rapacitlcs
and conditions of tho general Law, taking a,l
pcrl,npa some new n,lil dlGercut powers, but not
| losing lis c0rpurate existence.
| Tie secnnu question Tns one Dl greater
ufiltrt'ty. Thcru werO but two tcctions Of the
general Inv, tic eixtll anil ktxty-sevent1. app!i-
already. construed the sixth ecstinn so
that It lid not hpplY in tts present in4tAnrr.
Ihe si1ty-scvcnth Eoction was then the only one
anes ID % aud iorfrit,,rcs for The violation OF ora.
nanccs, when cu!lectc1. and a1l moneys collected
for liccnscs or otherwise, shall bc lald Into tic
treasury Of the corporation at such ttnys aud ~
That requirement waa not ut i'll iIleunsist-
ent Will, carrying out .hc trust i'm
posed by the spccial act of 1si;'; i
Gy Sec. .. Nor did SEC. q repeal tho aI,cttai ast
by Implication. The law did not favpr repcals
BY Implication. and demanded an evident nter-
tion, or that the two laws should bc cntlse!y .n-
consistent. Tic Legislature, III passing the
special act Q! 1860, lad particular e,nl III rlcw
to MD tho petitioners BY lines Imposed on the
very yIeo which 1aa1e those Institutions neccs.
c ierrc red on lat lie eis un,l tic corporatios
10 be uIIe,l. Tho provisions Of Sec. 87 Ut thc
general act simply required all lncs 70 he paid
INTO the treasury. Tint requirement formed nu
hnposclt by tho net Of lSGA to bct nslr 10 mitch
Of tllc,n rs are frotn tile su1srce designated,
nnd hoid Il s1bject to tho drnst Of the institn,
manifested to repeal the special act, and t. must
therefore bc held to he III 1osre aud obligatory
Oh the ttty Tic demurrer wo'1ll therefore Lc
ovcrr9led, and pcrc,,1p.pry writ Of mandauus
awarded to compel tho city to pay over thu
money In Its lln1!tts belonging to petitioners.
THE HYDE rARk LAND CASE.
All ttay yesterday WAS occupied iii tho intro
.luctlon II testimony fur tho defense In the
snllh 1,nrl condemnation easc. md The dcscntl
allta. by Judge McAlllster's ruling, l,nye onIt
ono snorc witness. There will probably bc som
rebatttng cylenrc eut it Is likely tho evislente
Ti,e i.rst witness yester,lay morning WAS A.
. II. NcLa!n, who testified Tint, IN Ills csli,uu
ton, this tnurls-ta!ked.nf forty acres was wurt
lcut. it would be worth s@5 to $40 per trout
j. y. Kimbal) concurrc.l In tho estimate b.,
| the 0crc, but thought thIt In lots tho value
would be $1a IL $40 frunt foot.
James 2lrAu1py flxc,i the vnue by The acre al
sb,0oo: Lots o5xi25 fret would be worth s;}5 o1
| $in Il front tuut.
i. II. Krrtuut estimated the rropcrtyat s5,U0t
IN ucrc, nr si0 per fruEt foot by t(l.: tot.
]. YnAn, sransun :iSc'l 1t nj e;,lMD.
. J. !. ltalr only though, 1t worth $500 tt
> | Sj,UOo, nr tl lots Saas.' To s3t fruns foot.
Marvin A. Lawrence ratsc1 the yaluo Il
, ii. i. nuchnnan as,ect, in tits estimate.
i Wi!l!N I. Dickinson thuuEht Il worth ~ 900.
". X. Nixon regarded It worth SG,O1U /,
r S1,ON MI RcVc,
: nAsnMurr 1xsunAsc. CONFERENCE.-The cul
. cAnO FjHE.
Tic following is all AtIsirurt Of the 1nonllI
: report uf J. Il. Murphy, Assigtus Of the CHI
l. cugo Fire INSURANCE Company:
/ NEcEtr1s.
/ nalance on hand Dec. l, 1874. no
= lteee!ps4 sncu. ........"...,.....,.... n
= x1D. t.,
| DISBURSEMENTS.
y Tho #. Charles Will Nill.............t......-.S lsi
| nS!asnls ................ ................ ~
= NaeH QH M4H0
Z SEQ, b1
d THE MUTUAL SECURITY.
Mark Kimball, Assignee uf the Mutual &c
|, cnritr Insurance CUulpauy, also tiled his repor
t yesterday for the month ol December, which
/ as follows;
Balance Dec !, 1HTC...,.... .............31H. IN
Expenses atld dividends paid......."...., Vi
Balance Oil hnnl ........+....... -.$l7. I!
TIE CHICAGO, pASvl1,LE i ylsCENNEs NAlL
It NOAD.
II The snls under tlctrre of foreclosure of th
Il Illinois brunei, Vi the theago. Dailsilte 4: Vim
" crnues Railroad Ia set fur feb. 7, Anl that o
. the Indiana urntri for Frb. ., The terms "
Il tl,n njpur f1