, 1879-05-28
o,v.,aI Important Rulings by the
0'' Appellate Bench.
,..,,,,,|,r Farut'l Beats ths flrtmsu'i Btn''''
''&'" l.at lssot!allaA.
o,,rsb Organs, Under Certain Conditions
VAN Declared to Be Fixtures,
49,. su,ts, Judgments, CONCLUSIONS,
Divoroest Etc.
,pprLLATE COURT.

MA Appellate 1out "e' a~os LII
a.. . recess Of two weeks' anu n'ea tout
h,,. ...on,, Judge picasants was nosent' as ne 10
op.ud opp..r.d IN long murder trial, nns1 wtl proo-
~, r. cusy all tho week. The Court "''i n'ao
w. ~ .o,ro moro opinions sh's afternoon. lucy
he ss M, l.c,dsa who,hcr 10 adjourn sine die,
p.,s p.n.rr1, to tsko recess. or aalousn lor
q I.,s I There Is some doubt whether the new
npu.s ran asscmble nnd choose a CHIEF Justice
'uu u.n IN next term IN October, II the present
aua t11m u closed, and, II that should be 80, no
w. ...s would bo issued unttt that time, a.
ph nsper has TO be tested Ill
e'a ,r,, Il tic Chief Justice, and his term
'ps p.,.s. p .,so,utely next month. by ad1our1!ng
e'pa 'ps, n, A time, however, the new members
~ ..,emblo MD organize ns OF this term, and
ssn ssn. ssrc an intcrrcEnum Or Interval between
~ ,ass III terms. The following h the 1acofa oi
M ios sr.nc,s transacted yesterday:
nf Hns' 109 and ITO tic petitions fos rchcar'ng
W. III 1S, lien Frapklin Insurance Company
W.hr. This case HnS announced ns reversed
~. but he 3nasss SG tTc w. IT,
wv, o,der waa set ss,dc nn,l the case continued.
~; "a 1a, Clyhourn v. plttahurE. Fort Wayne
Chicago 1,hi liailroad Company; petition for re-
sest,nGG ". a. Hottou VI. DAILY. Reversed and re-
n,.s'4 NJ IL First National Bank Of Sioux City vs:
,a"s T'lils rnst was announced aa reycracd atltl
u..,msnttd. hut the Judges, when they came to
I'm thc case the necessary scrutiny, declded 10
st.ton,Llcy their former deter7ninntion, and jos.
,,suls7 vacated the order reversing and cutcsed
~ NJ ~ a. Chsptnan ys. Union afutunl Llfc-In.
ur1nce Company. Dccrce nodtlteii.
So. Is. Carpenter vs. Fcltcr. Reversed and
ttnantlo1 ID part.
80. 8S3 Farwclt ". Bouevolent Association.
N7erted aud rcnlanlco.
rtRsarx's BENEVOLENT ASSOCIATION.
The most Important case wts that of ]. A,
rt,vt}j. npptllant, Vs. The Benevolent Associa-
i'm al lie Paid Fire Department Of The City Of
rhfeapo This nns petition by the AsDcsatinn
lar inunlamus OIL Comptroller Farwell to pay
Se, 10 ii unc eighth Of the pcr cent Of the pre-
insurance companies whicl. uro required to be
MD Into The CITY Treasury. l. was claimed the
tuch one eighth, ou. since that time bad ro-
insed, on the ground tllAt tho net authorizing
ah e.yent bad bssn IL Eepsssa1 1 lhs ann: ;n
rfvas died to the petition aud ovcrrutcd, and
The cjajm OF the Association was based partly
op tts charter and partly on Sec. B. Chap. 8, OF
H. revised charter OF Chicago, which latter
provided TINT oil corporations, companies, ot
Illinois engaged In Chicago in e!ferttng fire,
marine. or llfc-instranct, should paY to tho
GUY Treasurer 2 ncr ccnt Of alI premiums re.
fs!Sn or agreed to he received for any insurance
Aa!i scss esding the fisst day Of every July and
January. Accounts we're to bo rendered Under
oash Of such premiums received BY tue com
p4D,t1, mud similar aecou,itt were to bc keot by
ihe Comptroller. Tho, fire insurance rates
xss to ss u,g ony t9r pro%notts n tas fSe
md providing fund for the retlc1
Of disabled iirctncn, aiMl one-eighth Of sacl
rassl wssa to bc set asile to create fluid 10,
ths relIrt OF dEsublcd fircmen who might he
easae disabled IN the service Of the city. iht
Beaerolcnt Association was. by tto charter, ere
ated private corporation, and its object was tt
create i fun! nnu provide means for the relic
of the distressed. slcx, Injured, and dtsaolst
members thereof. mod their families. TIL!
cha ter also provided that onc-clEhth OF u.
pald to this Association. ID June. 166s, th
Common Council passed m ordinance drectin,
ihs Comptroller to pay over this one-etehth Il
The Association.
Txo principal questions, Judgc Bailey said
xera rased: first, whether the Inv reQuirln
the moneys In question to be paid to tie .Asso
CATION had been repealed by Subsequent IcTlz
Iatarcs; aid, second. whether tile Association
ohtsined by Its charter vested right to recs!V
kid moneys, which was frrcpcalahtc. and Wllic
wv AfE1SakuEt H4u HU E0HCF u AlfChts y
6nt lte!slatioll ou tho subject was tn Mar, 1861
.hsnau at 'yns passed, Sec. 10 Of which provide
that every agcut of foreign insurance compa
~ should make an annual report 70 IL
e,ty In which he did business, each Mny, OF u,
net receipts Of his colupsnY for tle year, m
should hn taxed thereon; proyittcd. howeve
alst cities having an organized Ftre-Departmel
lbuuld be allowed to levy 2 per cent tax II
The benefit .ot their Flrc-Departncnt. II, tlIc1
e!shes shc provision giving the per cent 70 g
~ t o. that requiring tho city to pay one-eixht
tbs latter Vas goue. It's only right vas 70 r
eeite oue-elshth Of MI t1rc-insurancc ratt
then annually paid Into the City Treasur,
ssc; 10 Of lhe Insurance. law Of 1868 was repe
otshc nsovit!ons Of the revised charter Of Ch
81 On >F insursnce ~ ,"' memsssns cnaSs Into 1
gitY Treasury unless such repeal was saved I
The nroyiso In the same section. but that prt
1lso VA not that Sec 80 should haxa no apul
Gallon 10 cities where an organized Firo Dcpar
,naps eEiatcl, but 1t merely recognized OF pe
h.ps " imp.ieat,on conferred thu poror 10 lc,
aapsr ceut tax. That would b. too cons ldrf1
oie departure from tha provtafana Of tho r
1as nssa cnasser to havo the effect OF savlng Il
!alses from the opcrattons ot tho repeal. III
isv'ed b7 thu very terms Of the law itself nn
~ AMOUNT Fixed, and u was made absolute
pa1aote Without any action On the part Of Il
ntt lhe provlso gave tho power mere
" ana ltPT rate Wnlch m!El
~ 70 per ccut or less ia 4
o!Etetlon Of tho city, and which would only
9lloe payable by All affirmative act oi the c
asiefmtnlnS the rate an1 saaking tle lew.
Iust 10 held, then; that the law upon Hbtch q
dassoc'atlon'a right u tho money In guesu.
aepeaoett "Es repealed by Tho act Of 16G9.
~ act ot April, 1877, tho tax WAS made 3 q
81 Ras on the net Instead OF tho gross recolp
Y ihat pct Sec. 30 OF the oct OF 1850 was u
susaosenly ~ repealed, but tho act renealod BY t
fTttpt le09 was not thereby revived. But cv
Me provisions Ut the charter OF 1853 Wcre n
tepsAed by tllB act Vi 1851, they Wcre 50
!aeonalstent with tle act 1T 1879 tllat be
Saa.a s s,tt stand together. Wililn 1t wonia
soss ald net receipts, TIE reluctance Of tho Il
n,stala ~satsiala repcals by implication would not
san.t' .s4 10 ahnt extent. Tic net Of 1877 was e
ss,'tY ssnt!Y 1ntulded to be revision OF the eht
9eEet, u,Hl 10 furnish lu itsplf the full n,casl
aa.Ioasc, which the agents Of foreign insurai
naat nmaapsn!cs should my. The money 80 COLLECT
tIsS naass ttc eel ol 1877 was not tho muucy nit
orrl, ea 10 Tue charter Of The Association, and
SSansu 70 be pat1 over to It,. Thu chaEtcr 0
n sa ~ only money collected under law III
tItsees lhat low being abroQated, the rcvcu
Iss,9s Iss, GRATED terminated wtth it. The law
hu.8 h8 oeti7ed ruyenuu from tic same sour
h. eaa hutesl On different basis, anll cxnCt
~ ~ a'c Teq4atctnahts Of different statute, a
ti.ss sontsmplatiOn OF law coI,s,ltnted All
II III. ,oilerehr fund. Her, nf an act In f0
al I9 !, ls7, ivr tic relief Of disabled u,oinb
nro,,1aS Try rolice anu FIs Department
p.o!Med that oue-fourth thA rates m