, 1877-10-24
Bill Agninrt the Officers of the Old
Mercantile Fire-1nsuranco
Company,
Somo Prospect of Lenslng tho Chi
cago s. Southern Nond.
lntsresting Bankruptoiss-Rocord Of Judg-
ments, New Suits, Etc.

~ River, Wisconsin:
rhi. r.. !i'l a!es IL n seu.eqqenss m +. et sS.stns:
River in ihe State of Wlaeui,rIn. and particularly
Il 1,cct s,onsl,. nav!gablc hrane! of tho river;
6owlnR Into Thu latter river ab1ns nine nlcs baiow
thc mouth Of The th,rrews Thc hil sl!eses lint
IT, q ~ "a cos IT, n.,
salion Of lseet slough. and that they haye imposed
snd collected lola fton, the owaera of lumber and
tIonslly 80 hlcd tho channel nf ths Chsppewa With
lora a. sc,!ensly Impair lts navigation. The oh.
s e si M r.
ready PLACED there. hdcmnrser has been nscrpose1
70 tho p.l! and ths qne.tion swsther thedcnnrrcr
sic River Chippewa !s q narirahic rvrr, free to all
thc ci,sens Of tho United ststcA wttlont .ax
sc; hy yiss y e e s e i
can The United St4sea. In consequence Of the cx-
i,,encc Of one both Of these fact1, a1e hiti In
oi the etizens Of The Un,cd Ststes without ~ acs
sfton7rsss authorizing i to 10 .nnc!
se Se u th.i eee
be:ore euch b'll can b. died. Congress up-
doubtet1y has the r!aht under tue au.hori.y etA:
rivers flowing Into the Mik+tsappt, and In fact
,.t,o @ nd .hs e e. e 'n ,f
whn.c limits such Rivera may Ike foant!, nn II II
tppeared by tho tl That con9resa had In relation
might hare Lccn authorized l,y tho State or Wis
so wo@ ses. .9e .en oe n ea e.. H.
Of Thc United states axanst Duluth. ! l,illon
ill., 1t would pcrhnps be sufficient, bnt tho s'lcrs-
the rule there laid down. In that casc tt was al
leRrl that Congress hsd H.ada appropriations for
.ar Improvement of ths mouth of t'is st. Louis
Nf.rr. as to keep uptn q channel between Lake
snpcror and Superior Nar; that the agents and
otirers Of tho Government had been aetna!,y en-.
lad that the defendants wcru engaged in cutting
email near Duluth, the result of which would be
TO render the etorts Of tho United Status to pTntec
IT. i,oala Hiycr Intellectual, Mr.. Justice Miller
held IN that caso that the tacla warranted tho
edeetual Inv improvement belsir mails under tn
authority, There Il was dsttnctly alleged that
The. act being doac by the defendant nte!fcreI
with tho .propoecd Improvement Of tho United
States. Now. In thta case. the a1e9atlons ot tho
b. cons1ess by app1oprinsina for tmpravonsnts M or
otherwise, tlat the States have the right to some
extent to Impair nari9atton Of rvers actustly navl
gatr md declared 70 hJ saw, "A by tho cuh.
structlon OF bridges md va.nuA other improves
ments rcaulfcd Tor the accommodation Of tho
public.
It ia alleged that Congress has established post
road npon and over the river, nnd hns appropriated
and expended money In the surveys and Improve.
statement ~ 10 tho character Of the improvements,
whe1o they aa1e been or arc proposed to be
s.se @ besa @ pase rssr Or Or ts S,aseSe. ), ts
tetendanta would necessarily interfcra with the
improvements 10 the naslsatton rrapoacd by Con
rrrss.. In this Icepcct think tho allegations o!
The bi also alleges that .hcre ase certain farres
toss The s;,et, and tsst upon ,est ferries M sre
there no specific allegation In what particular tho
distinctions placed OF causea by tho defendants
hatt inteFfered with the transportation Of tbs
1tant th.. II th. alterations IN the BIZ! ato the
manner In which tho Hcta done by tue defendants
tnteFfefA with Anthur1xfu h6 f1iINn In f,R
leE!s!ation Of Congrces arc wanting In precision,
snd fu1ncts. and cxpilclncss of detail no that oil
Quettlons that wcro ably argued IN the case hul,l
that tho demurrer must ho sustained with ,ease
grsn 70 the Gls'n!ids to amond thes bill, II tnoy
Mr. Dixon for tho plaintiffs, Afcssrs. ptnncy,
Wilson, and 1fawley for the defendants.
TIE MERCANTILE INsuRANcA COMPANY.
The affairB OF the old tlcfunct Mercantile In
auEance Company were pretty thoroughly aired
yesterday Ia a bill flied In thu Circuit Court by
RI. s. White, ]. F. Fisher, l.. r. Hummull,
Charles Hover, Jeremiah Ilogar, Isaac Albert,
md jasues y, Cox, creditors OF the Company,
against d. l.. linngh, ": =. Habcock, Franklin
Ilsthcwav,J N. " .Joncs, VIM. Hrnwcr, Prank II.
m,ondso11t Paul cornrl', 4. Y. i,a6epck, 4.
Mccoy, l.. G, pratt and others. The Company
w. Incorporated Feb. 10, 1885, without any
eapital, AID for lWcntv-0nc ycare, a. Ia charged,
HNtkHAEA LHE uAlSluEeE Ill H{EkltlIuQt8 AtNl
wildcat insurance until II was driven ont hy Tho
insurance. Department Ut tho statc. 1t thcl
tfocufed &hn appointment Of Nna Ut its OWN
friends - HoeelyeF. md it, offleers ami stock
aud sonsurting It's aasct4. Iu December, 1877,
ths Company notftletl the Insurance Department
lhat y had paA.up capitul of $l57, ,tl, and tlc-
ered to comply with the General Insurance law
OF letiI, 70 as to be allowed to do bust,csa. 4
eo!nmtstce waa thcrcnpoa up,aAn.ed to inyestI-
gatc, and unanimously reported ognlnss the
Company. finding that lis her.,rlIcs were Ut it,
% ue ei no Yaac. III January, 1s13, the Company
+ haa paii.up capital Of ti0aUU
nss against tba, t ha n'sSt Sre Violating rhs ts
insurance law Ut leEt. No inscslgat1oIIf how
business ,a x1thout a livsnse until slarcI, 1914,
mth u leI into tho haslda Ut tlouEe, Dabcusk,
Ma.neNay, tuy, Jones. ami Cornell. III January
sIIv,'oas' IT, however, certificate 10 do business
Comnans s sf-m!sa On tie rsprtssntasian that tle
spt!hH u ls7o, tha Auditor fund om exaIniua.
ss,t sat ~, ~ tno capital had been impaired ~ pcr
GEN.. Cn s Msss sae Go'n9any beng unable to make It
Junr 1S'5: an election of officers touK ptHc, with
the following rcsults: ID. L.. llo,uh, President;
Fr FFIsnR,in lla.i'.waY. Becrelary; w. i. Dabcock,
4eoso sa u,S Mi''rs c,:,'tt Jones'. rexe
alleges! that these 11assiet aevrr 1siI for theIr
stock except by nutes secured by trust.iee,t.
ns'kk Was issued 70 divers uther persons on
similar terms. III March, 1878, thu Cotn.nny. ~
ct ner,nEsslon totraasact h!lsiness ln Sshrsska.
falsely represented that It had a. assct. 3rsi
Mortga.e eu.uri.les Tor 3,3i, ,l47.al Oh pra,xrty
woFth e;Ai,.73, AMI 1t tile sumo time pr,alucctl
What purporlel 10 bc a certificate Ut dcposit fn1
sA0o III the bank Of Levi Wing q CO, wlen
there WIS no such bunk fn existence.
Some time after the Company ceased dotup
business, llathcway Withdrew his unto for
$A,aN and trust-deel Oh paying considerable
lets sum than thu fare Of the nott, Various
other securities wcre frau.luicntly shavea by
haSng fictitious cre,ilis Endorsed GU them.
t4ul Cosnell's note for es5,Dgo was thus ro-
dueed to ti5,0uJ. ]. 81. ". Joncs' motto fer
s-aWo MAE cut lown to <l1.00, Atntnond4o.Fa
nots WAS RACED down 10 8, 80 from 5,00U, aud
AsC. Prout's note WIS reduced from SO 100 to
t$.ItA After this pleasant little scheme bad
r. te"a y carried out, AZ assignment wss tna!o ~
tne C"snpauy'of ull tts property to Alexander
tslrcoy, Of the artn of stcCoy d Pratt,
~ oEaer " prevent the, aopo!nt,ncM::
Receiver. Shortly after. however = bill
~ ~ Mleti fos tllis purpose by G. e. Ssinburnc,
n,',y pns ,aiEoy = Pratt assured l!c Judge On their
professional houor TINT The CompanY'b otacers
we're eluklnX it4 4ffaIfa un csa,iiu4,tcallY, and