2 ASSIGNEE PERKINS. Ho Is No Longer to Administer tlic Assets of (Uo State Insur ance Company. Elaborate Opinion by Judge Drum mond of tbo United States Circuit Court, Hr. Perkins Shown to Havo Suppressed Material Information from tlic Creditors. Ho is Adjudged to Bo Not an Impartial and Disinterested Assignee. The District Court Ordered to Remove Perkins and Appoint His Successor. Yesterday morning, in tbo United States Dircult Court, Judge Drummond delivered bis ;oug-ospectcd opinion In. reference to the peti tion of tho creditors of tbo State Insurance Com pany for the removal of Norman O. Perkins, Assignee of tbo bankrupt. Tbo opinion con tains all tho points in controversy, and no further introduction is required. It is as fol lows: In consequence of tho great fire on tho fllh and Olh of October, 1871, In Ibis city, tho State Insurance Company sustained axicli losses that It become insol vent. and proceedings wore instituted against It, under tho Stale law for the. winding up of corporation* when they wore unable to pay their debts. Mr, Unrlburt was appointed Receiver of the State Insurance Company by tho State Court un der tbeso proceedings, ond while they wore pending in tho State Court, an application, was mado to tho District Court of tho United Stales for the Northern District of Illinois by *omo of the creditors of the In surouco Company to have It declared bankrupt under the law of the United Stales, ond It, was accordingly declared bankrupt by that court qnthol2th £l ,r “» 1873. Normon O. Perkins was elected Assignee of mo Company by tho creditors ; hjs election cd bv tho District Court on tho 15th of April of the same year, and ho entered upon the duties Ou tbo 12th of July, 1673, a petition was Hied in tho District Court for TUE nCMOVAT, Or MR PMIKISS as Assignee, and subsequently various petitions were filed, additional, supplemental and otherwise, for ins removal. Upon (ho petitions thus presented to tho District Court and the answers of tho Assignee, an or der was made by that Court referring tho issue raised bv the petition Mid answer to tho Register to toko proofs, and ho accordingly took proofs, which wore re verted to tbo District Court, ami that Court refused to remove Mr. Perkins from tho nßtslgnocablp. There upon a petition was filed in the Circuit Court, under the second section of tbo Bankrupt law, for the review of lid* order, end the question made In this Court if, whether (he order of the District Court in refusing to remove Mr. Perkins was correct. Tin: principal causes or complaint made against Mr. Perkins in the District Court, and that are renewed hero, are that SIOO wan paid to him. which amounted to a preference for services that had been rendered, and which it was claimed was nu nu ll roper preference under the Bankrupt law; also, that miulu a ncUlomont lu relation to a claim which tho Companv had oncost tun T«utonia Insurance Com pany, of Ohio, for reinsurance for a less sum than lie should have settled the claim for; that in his con duct os Assignee ho suppressed material facts from the parlies who had claims against the’ State Insurance Company, which ho should have communicated to them in relation to tho nifairs of tho Company, and as to its asseta. These wore tho prin cipal grounds of complaint against the Assignee, and which have been the subject of review in this court. the district court’s error. There in only one ground upon which, 1 think, tho DUtrict Court erred—holding that it was untenable, on which, I think, is a tenable ground, and which was sustained by the proofs In that Court—and that is, that, when application was made by some of tho creditors of tho Company from timo to llmo to tho Assignee, the very object of wVirb application, it must have been apparent, was to ascertain tho condition of the Company, that ho suppressed facts which wore within his knowledge, *«d which It waa his duty at row umu to communicate to those claimants, Tho District Court held that ho did not suppress this infor mation. I think that ho did, and will proceed to stnto very briefly why I behovo this In formation was suppressed, and why it was Information which they had a right to have communicated to them, and which it was his duty to communicate. Wo have to otart with tho assumption that those par ties who wore thus inquiring of tho Assignee as to tho condition of tho assets of this Company were claimants against thoso assets, and woro inquiring in relation to their own property. Now, lam aware that it is no uncommon thing for an Assignee to bo annoyed, from timo to time, by numerous applications and inquiries About tho affairs of tho bankrupt or s bankrupt com pany. While I mako all duo allowances tor tho natural Impatience which might lie created by those repealed applications and questions made or put to the Assignee, if that were all us to which complaint .could bo made against this Assignee, tho Court would .not interfere with tho ruling of tho District Court. BUT THIS WAS NOT ALL. The hooka of tho Company came into his possession, according to his own statement, early in May, 1813. At ouo place ho says “3d or ith of May," and at another “ tbo 2d or 3rd of May.” These books show certain facts, and tbo Court will presume that tbo Assignee at tbo lituo, or shortly after these books camo into his possession, knew' certain facts, some of which were these: That the principal managers of tbo State Insurance Com pany and tho National Loan and Trust Bank wore tbo eamo; that Goorgo 0. Smith was tbo Treasurer of the Company and tho President of tho bank; that at tho lime of the insolvency of tho Company there was on deposit with tho National Loon and Trust Bank tho sum of over $300,000 to tho credit of tho Company; that betvAen the xlato of tbo insolvency of tho Company and the tlmo when these books camo Into the possession of tho As signee and ho became acquainted with their contents, that tho parties who had tho management to n greater or leas extent, both of the Insurance company and tho bank, had been concerned in * ; the rcuoiLiutxa op chxniH against tbo insurance company with a view of soiling oif those claims against this deposit-account in tbo National Loan and Trust Bank. And, I day add, these purchases thus being made under circumstances which show that tho parties were endeavoring to depreciate the valuo of those claims against the Company with a view of purchasing them at a cboap rate. These are facta which wore known to tbo Assignee,or ought to have been known to him, very shortly after tbo books camo into bis posses sion.' One grout loading fact to wbicb I bavo adverted is tuts, that there was on deposit to tho credit of tho Company tbo sum of over $300,000. Another fact that bo know was that Mr. Uurlburf, as (ho Itaceiver under tho appointment of tho Slato Court, did uot sot up any claim to this largo deposit, or, at nuy rate, to tho whole of it t so that wo bavo to proceed upon tho assumption that these were ducts within tho knowledge of tho Assignee, or ought to havo been, early In Moy, 1872. 'Whatever view may bo entertained of (ho right of a debtor of u bankrupt corporation to go Into (ho market and purchase claims against tbo corporation for (ho purpose of setting off against hie own debt, having knowledge at tho timo that ho makes tbo purchase of a bankrupt corporation about which members of tuo profession ami Judges may doubt, tho opiulon of this Court has already been expressed upon that question, and the Court, on tho Gth of Juno last, decided that, under such a state of facts, a set-off could uot bo al lowed to a debtor. Whatever, I say, may bo tho vlow on that question, there can bo no doubt, m my opinion, that under tho circumstances connected with this de posit in tbo National Loan ami Trust Bank, and tbo purchase of tho claims against this insurance company, with a view to set Ihcmotf against this deposit account, that a court Inequity * WOULD NEVLJI ALLOW SUCH A SET-Oyjr to obtain under such circumstances by parties occupy ing thin fiduciary relation to the Company, connected with a bnuk and possessing knowledge that no other parties possessed. What 1 mean to uay is that, in my opinion, no court of equity would over tolerate a set off obtained under such circumstances. this Assignee Know these facts; that U to etvy. I .whatever might bo his opinion as to tho Bct-oir, ho knew (ho facts under which tho set-off was sought to he made, Thus possessing knowledge, lot us see what ho did and what ho did not, IVhon application was made to him hy various parties who bad 0 right to Imuw soinu of theso facts, for Instance: Me. Miller Raya that Uo called on Sir. Perkins, a weak or (on days before the first petition wan tiled, that would bo about tho Ist of July, 1072. Ho called upon hint In relation to tho pur. •.•hat's of a claim which ho had, or which he represent ed, Mr. Perkins referred him to Mr. Truman, who (vas iu the aamo office, and told film that Truman would know, that Is, who would become a purchaser. The witness asked if Trumnu was buying up policies, Truman sold that ho was buying thorn, and was pay ing Hi cents for them. Now this was a gentleman who was in Mr. Perkins* ofllco to whom Mr, Perkins referred him, and who gave him this answer in relation to the value of tho policies, or, at auy rate, the prico that ho was paying, After wards ho called upon him and he eaid ho would pay 17 cents. Now bore whs a person who called upon tho Assignee; tho very object of whoso call It must huvo been known to tho Assignee was to ascer tain something about tho value nf tho claim which ho had against lUo Company, And this was tho Ist of duly, 1872. Mr, Thomas cays also that an application was made <by Utm U» tho fame effect os that made hy Mr. Miller. “ Tho Assignee told me that ho could uoj purohnso tho claim himself ; that he knew a party that was purchasing. The Assignee asked how much had been off ered for tho claim. Told him per cent. The Assignee gave thu Impression that It was worth, ho thought, something more than that, hut do not think ho mentioned any ff gurus. Truman W, llrophy called on Mr Hibbard, ho says, about tho 181U of May, oud about thusatne (lino had an interview with Mr. Perkins in reference to the claim. “ Mr. Perkins said ho did not know what the Oompany could pay—that many policies could bo bought , ron ten cents on the notion; tiad void his lor that, but did u«t kuow wbolnsr man could I>6 toaUxwl or not. Bit Hint tho napota of the Company consisted of some mortgagoH; don’t know whether ho said H had any bonds or not. Don’t re member ns ho said Anything About thnt. Think that was nil, Tho mortgages wore on buildings thnt had been destroyed.” i Newton H. Taylor nays that ho called on tho Asalgnco tho last of May or first of Juno to nscui'tntu what tho prospects wero for receiving nnythlug from tho Company ; (hat ho asked tho Assignee what tho asset* of tho Company were. Tho Assignee replied that there was a bond of (30,000 which ho thought was good, And a few mort gages, one of (3,000 on tho North Bide,- which, ho thought, waa not good. Tho Assignee represented nothing olio. Ho asked tho Asßiguco what lime dividends would bo declared, and ho replied that. If there wore any, U would bo hue la tho fall, probably not until spring. George Gardner says that ho “ called on tho Assignee some time In July, possibly tho latter part of Juno, and that ho told tho Assignee ho called to ob tain information about tho affair* of tho Company. Tho Assignee, in aubutanco, replied that tbo Company was “In a pretty had box. , didn’t amount to much, and wouldn’t pay a great deal.” “Didn’t inquire about tho spccltlo assets of tbo Company; nothing was said by either party about any funds on deposit in tho National Loan and Trust Company’s bank.*' • . . ... There nro statements mado by various parties who Supported to have claim*, amt who, It Is not disputed, Id have claims Against this bankrupt Insurance Com pany, who called upon tho Assignee at tbo various times mentioned for tbo purpose of obtaining Infor mation os to its affaire. Now IT IB MOST KXTIXAOnDINAnr, with tho knowledge that there must have been in tho mind of tho Assignee of this great leading fact,—that there was, or had been, ou deposit over (300,000 to tho credit of the Company,—that It was not communicated to any ono of these partlon making Inquiries, It cer tainly was a fact that was calculated very much to affect their Interests, and their subsequent conduct in relation to these various claims. It was a fact which had a very important bearing upon tho value of these claims os they then existed in ' tbo mar ket. Concede now, if you please, that the Assignee know of tho claim of sot-off, and believed that claim was well founded, still it Is a moat astonishing circumstance, oven if bo so believed and bo knew, that in not ono of tbeso instances did ho com muulcnto bo Important a fact ns that. It was fur these Various creditors to judge as to what was tho legal ef fect of this fact, and to dulormino ns to what their con duct would ho. If it was not necessary for the Aselg ucoto go Into any general detail about (ho character of theso claims, still I must insist that It is HOT POHSIBf.B TO EXPLAIN his reticence in relation to this largo deposit con sistently with what I conceive to ho entire fair dealing to tho creditors. I repeat what I said before—they wore Inquiring ns to what belonged to them. Those assets were their assets. Tho Assignee had oo interest in them further Hum what ho might receive os com pensation for administering them. Tho true course to take wos to state ibis great leading fact, and to *av that tho value of tbo assets might verv much depend upon tho validity of tills claim of tho bankrupt against this deposit account as a Bet-off, and leave these parties to Judge for themselves. It 1« clear that many of theso parlies did uot know of (ho existence of this fact, and It Is also clear that most, if not all, of theso interview* took place after (ho decision of the Court In relation to the general law of set-off, which, on I havo said, was on the slh of Juno, 1873. It cannot ho cald that tho Assignee did uot disclose this fact, because It was noto rious. It certainly woo not known to most of these applicants, even if to any of them, and 1 think tho duty was mcro Imperative upon him to make the disclosure in consequence of tho pro ceedings in the State Court under tho law in rela tion to the winding up of insolvent companies and tho appointment of a Receiver, and tho report that (ho Re ceiver had made that ho had only SI7,IKJO in bis hands. HUT THE ASSIGNEE XU a A WIGHT TO IIS HEARD as to bis own explanation of bla conduct, ’ Lot us ex amine it, and ftcti wbat it is. Wboro I read from, ho is being examined as to whether or not ho communi cated this principal fact to any of these parties, and (his question is put to him. “Did you report tho fact of these moneys in the National Loan owl Trust Company’s Bank to any of tho creditors before tho I2lh of July, aud, if so, to whom—any of tho creditors of tho insurance com pany?” That is a plain, distinct question as to a matter that was within his own knowledge, and which admitted of a distinct answer. This is his answer; “ Ido not know that I bad occasion to mako any ro- Jort to any of tho creditors concerning tho particulars, answered questions ns they wore asked of me.” Asked as to tho fact, ho says ho doesn’t know that ho had any occasion to make any report, and that ho an swered questions as they were asked of him. Then this question Is put; “Did you mako a report to any of the creditors be fore tho Pith of July ami Taylor’s petition was tiled ?” The answer is i “ I made no*cport to any of tho credi- tors concerned. I made no report until tho second creditors’ meeting. I answered questions and gave such information as I was able to from timo to time.” Then this question was put s “ Did you over givo any information to any creditors before tho 12th of July of tho moneys on dopositiu tho National Loan and Trust Company Bank, and, if so, to whom n very distinct, clear question, admitting of a dlsllucff answer, and what is tho answer?—tho ques tion is as to any Information ; “1 never made reposts to any. I answered ques tions asked mo, and gave information required of mo.” Horo is another: “ Was that question—(bat Is as to tho deposit in (ho National Loan and Trust Company Bank—was Hint question over asked you?” The answer is : “I do not think it ever was.” “ Q.—And you never volunteered tho lufonualton to any creditor? Av—l don't know. I had no occasion to any anything to any creditor you” [thin is Mr. Cooper] ** represent.” “ I don’t know; I had uo oc casion to sny anything to any creditor you represent.” Now. I eay that testimony 1b not fair; it is not cau .did ; it is not creditable to tho Assignee. I havo already wild, and I now repeat, that I hold it was tho duty of tho Assignee— II IB IMPERATIVE DUTY— to disclose (his fact to these parlies wbo made tills ap plication ; that good Julth required him to do it, and that ho was not acting fairly to tbo creditors when ho refused, or declined,. or did not make the disclosure ; and it ia impossible to avoid asking the question whether, if this had been a deposit account in a bank, why. persona or parties ’ who had nut olncted him Assignee, and with whom hia associations had not been more or less iutimato, personally and professionally,— whether ho would have refused to nmko tho dis closure. Lot us examino a littlo further tho testimony of Mr. Perkins in order to form an opinion 6f hia own view of hl« conduct. Ilosays: “At tho outsot I considered that, if I should give people estimates and conjec tures os to what must ho uncertain,—tho amount dual ly paid,—l should certainly mislead some, and subject myself to blame, and I accordingly resolved to make no such estimates to any person, and 1 never have. Mr. Gardner mentions in his testimony that ho had been told before that, by other persons, that tho Company would not pay tnoro than 10 or 10 cents, and ho may havo mentioned those figures In our interview. Likely enough ho did ; and, If ho did, I probably did uot contradict lilm.” Now, no one asserts that It was tho duty of the Assignee to state how much tho assets of tho Com pany would be; that depended upoucircumstances not within his knowledge. THAT IK NOT THE QUESTION. It is not that he did uot etato how much tbo assets of tbo Company would bo, but that ho did uot state tho fact which would constitute an all-important ele ment in thu result as to bow much the Company might pay, and louro tho creditors to determine for them selves, with tho knowledge of that fact, bow much it would probably bo. Ami whoa 'ho says (hat “MV, Gardner may havo mentioned those figures in our interview, ond if ho did I probably did not contradict him,” is ho uot condemning himself if ho did not disclose so all important a fact as that to which I have just referred 7 But let us hear him farther: “ Q.—Was tliAre any reason to contradict him ? A.— I should huvo no reason to. 1 abstained conscien tiously and invariably from making figures or giving figures to anybody with reference to tho mattor, ana huvo until tho present tlmo.” “ Q.—Now, air, did you, either to Gardner or any body else, state anything or dp anything (o mislead them in relation to the valuo of thole claims 7 A,—l certainly have nut intended to. It is Impossible for mo to tell what ulfect (he interviews with me may huvo hud. 1 have uot had tho intention to mislead any one,” A MAM MUST INTEND. It is n rule of morals of law and of common sense that u man must Intend what is iho necessary conse quence of bis own acts; ami, when this witness says hero that ho did nut intend to mislead any one, his conduct was of such a character oa necessarily to (produce that result, ond ho, as a man of intelligence, must know that no ono cannot avoid tho conclusion tied that was tho legitimate oifoct of his conduct—of thenupproflHlou, not perhaps by a deliber ate wlßslatcmept, but of the suppression of tho fact that was within bis knowledge, and which it was Ida duty to communicate to iho parties. 1 havo thus gone over, perhaps with sorao detail, tbo record with a view of snowing tho applications that wero made to tho Assignee, or what occurred and of the explanation which ho himself gives of hia con duct. It may lie said that the booku were at tho disposal of and could lie examined by (ho credi tors. I suppose that is true; that any creditor could have examined these Ijooks, either upon application to tbo Assignee or to tho Court, but think that is no rea son why, because tho creditors had the power to ex amine the books, (ho Assignee, under the circum stances which have been mentioned, should suppress a fact so material, and which was within ids knowl edge, and which ho know was not within tho knowl edge of the applicants. 1 havo ornuted ono statement of iho Assignee, wbicb constitutes an explanation which bo given, when THIS QDr.BTIOjf IS I*ITT TO IMMJ Q.-Noff, then, Mr. Perkins, 1 want you (o explain, it you have any explanation to give, why it was you did not explain to them [that is, to those various pa;*- tloa who made this application] something about (his large amount of money on deposit iu tho National Loan and Trust Company Hank?** A very natural question, which would occur to any one, aud which would seem to an indifferent person to require some sort of nn explanation, and ho has given his own explauatloa of ibis suppression. Tint an swer is« “ “ I didn't undertake to take every creditor who came in and ezp'slu to him at length everything f had in my hands from which 1 expected to realize anything t if I had, I would have been able to do nothing else, for a great many people fame there. My time was fully occupied iu Attending to tho nifalrs of tho Com pany which needed immediate and constant attention, Aiul I didn’t undertake to nor did I regard it as my duty to go over with every man who came in there and asked mo a question n long statement of what I had got In hand and expected to receive, or (o go into conjectures of what tho Company would probably pay. I didn't regard (hat as my tmmness. I answered very cheerfully and fully, as far as I was able, all questions asked of mo, and gavo every infor mation I know anybody wanted as fur as I could." “ 1 gavo ovary Information 1 know anybody wanted as far as I was able." Now la that (run? Certainly the fact that there was over $300,(100 on deposit in tho National Loan ti Trust Company bank wo* information that tha creditor* of THE CHICAGO DAILY TRIiiUNE: TUESDAY, MAY 20, 1873; tho bankrupt Insurance Company would bo very glad to know. That Information was not communicated; it was certainly wanted. This Is bis explanation! Imnko no comment directly upon a great deal that In In tho tonllmony of Mr. Perkins, tho Assignee, which, I think, exhibited flippancy which was entirely out of character as connected with tho investigation ami subject of Inquiry, and which, to say tho least of it, was a violation of good taste. rnticiNfl ju;moved. There nro many objections to tho removal of ibis Assignee, mid It Is with a good deal of hesitation that 1 hnro como to tho conclusion (hat ho must bo removed. Ho hn* become familiar with tho business of the bank rupt; bo Is n man of Intelligence, ond Is probably fn many leaped*, considering tuo knowledge thnt ho pos sesses of its affairs, especially well qualified to go on mid finish up (ho administration ot Its affairs. M I have felt that It was Impossible for tho Court to pans over what 1 consider an Imperative duty on the part of tho Assignee, under tbo elrcumatanccs which havo been presented, whore, as I think, ho* suppressed In formation that no ought to bavo communicated, and which bis intelligence must bavo told him that ho might to havo communicated,—that ho was not acting under that rule, which is tbo only safe rule for tho conduct of men in their transactions with each other— thnt ho woo not doing to those creditors os ho would havo required Any one of them to do to him under similar c(coum*taucc*. And therefore I cannot oxousu or pais by such an omission ns I find actually existing in this ease. There has •.boon a rulo of tho Bupremu Court of tho United States, mado at tho December Term, 1871. In relation to tho reports of assignees,'and of course tiicro is no controversy upon that point. Tho Assignee did not comply With tbo rulo. One of tho reasons given was that ho was nut aware of the existence of (lie rule, hut ho admits thnt ho know it in July. Ho know (hat such o rulo had been made, yet no report was made until about tbo lat of September, 1873, either to tho Register or to the Court, 1 only refer to this, without laying very groat stress upon it, because, although he might, and ought to, havo mado a report earlier than ho did, even with tho knowledge ho possessed, It Is not on that ground that tho Court nets, on THU API'OINTMBKT OP A BITCCKSSOR. I am nwaro of tho groat objections, ns 1 have said, to tbo appointment of Another Assignee under tho cir cumstances, Iml those circumstances lulluonco mo in dependently of whnl I bavo already stated. It la cleat, although tho Assigned does not admit it (ho disavows U), that (hero la such a feeling In hlo own mind toward Bomo of tho creditors of this Company and against others, that his conduct la influenced, mid has boon, ond may bo again, by tboso feelings. It la also cloto (hat a very largo and respectable portion of tbo credi tors of this Company entertain such feelings toward tbo Assignee that tboy bavo no confidence in Ula administration of tho assets of tho Company; ond, without saying that they nro Justified for all tho sentiments of hostility that they entertain toward him, still tho Court has already said it Is appa rent that, hulls opinion, (heir hostility, to some extent at least, is Justified by the facts. So that, taking all theso circumstances together, U does seem to mo ns though tho best interests of all parties who havo any claims against this Company will bo promoted by hav ing somo ouu olao act In tho plnco of tho Assignee. the onnuu op the oouut Will therefore bo that tbo District Court bo required to remove tho Assignee, and to appoint another com petent, disinterested person in Ula place. It baa been a question with tho Circuit Court whether It was Its duty to mnko tho appointment of tho Assignee itself; but I havo como to tho conclusion that tbo Court must remit tho matter back to tho Dis trict Court, ond require thnt Court to rpmovo tho Assignee, and appoint his successor. 1 may say in conclusion that os to ibia Assignee, (bis Court knows nothing about him except what ap pears upon tho record. It has Judged of him only by tho record, and by its showing bo cannot stand as nu imparilnl, disinterested assignee, proper to administer tho assets of tho Company. At tho request of Mr. Truman, who represent ed Mr. Dorians, tho order of tho Court waa al lowed to remain open until abjections could bo entered if any nro to bo. A FREIGHT RAILROAD. To the Editor of The Chicago Tribune Sin: Tho subject of a Freight Railroad from Chicago to tho City of Now York has boon outor taiuod aud discussed by mo for tho past throo years, aud I am now glad to boo that it is claim ing tho attention of your citizens, and also of Bomo parties in Now York. I will now give you my plan, or tho outlines of it, and trust you will givo it to your readers: • First— Build a throo-lraclc road from Chicago to Now York, and as nearly on an air-lino as possi ble; I think the road could bo run iusido of 800 miles. Build all iron bridges. Never cross any railroad; build under or over in all eases. &?comi—Build, or cause to bo built, freight cars especially adapted for this road aud its business. Never run a car of any other lino or road over this road; neither allow ouo of tho cars of this road to bo rim over any other. 27iird—Run freight-cars on two of tho tracks at a epoad of C miloii an hour. This rate of speed causes but little wear and tear, and forms the only time-table that is required. Fourth— Run cattle-trains on tho third track East; to bo returned light, or loaded on tho up-froigUt track. The cattle-train would nm on a timo-talilo, and at a speed of 12 or IS milcu. Fifth— Under a speed of six miles, freight would bo carried to Now York sooner than it now is, and more reliably. Trains could bo loaded and sent forward just as vessels are loaded and lowed out of your harbor.* Sixf/i—Chicago wants no more roads for pas sengers, hut Hhomuet have increased facilities for getting rid of tho vast amount of produce that aho is now receiving, without taking into account tho groat increase aho will get within a few years. Seventh— Chicago must boar iu mind, that there are other places that havo an oyo to the vast trade Bho in now getting, which is not half what she wili havo within tho next five years, if re tained. .Eighth—Now York City must join Chicago iu this matter, else aho will find some of tho cities on the seaboard seeking this very tiado. Kinth— Tho business-men aud capitalists of both cities m\mt join hands iu this enterprise, and keep speculative and railroad ring iuou out. There must bo uo stealing or miuipulatiug, as iu very many caaos which J Ttnoio, Tenth— I Tho coat of this road, ready for tho equipments, will bo about as follows : 800 miles three track road, say about $70,000 per mile,* is $50,000,000 Locomotives 10,000,000 Caen 11,000,000 In addition to tho above, very largo facilities must bo provided at Chicago and JoiHoy City for tho loading and unloading of cars,—mich’ as grain-elevators and warehouses. I should say those would cost, including land, about $6,000,- 000. Equipments and fudlitiOs must of neces sity bo very largo ou this road, to handle tbo immense business. Eleventh—^ Thoro is very great want of tho right kind of facilities for tho transportation of Hvo stock to Now York. This rood will bo ablo to oifor facilities, in tho way of cars especially adapted to tho carrying of stock, far superior to anything now in uso. Tirctjlh— ln regard to iho earnings of this road, 1 havo no doubt it will provo a 10 por cent stock. Freight pays hotter than passengers. Now Yoik & Erie earned in ouo year £17,600,- 000, only £3,500,000 of was paasongor-monoy. I havo said, and repeat it again, that, in my opinion, tho Now* York it Frio never received £1 for through passengers but what it cost thorn £2 to procure and transport them. It is passenger-trams, running 25 to 60 miles an hour, that tear ft road to pieces, whilo froight tvaim?, at a speed of G miles, cause but a very slight wear and tear. ~ Finally, a road built, equipped, and run as above slated, will compote successfully with tho wator-coinnmnicution (luring tho warm mouths of tho year, and need uot charge extra iu tho winter months; and will relieve Chicago ovory day of her vast receipts of produce and live stock. K. Chicago, Moy 10,1873, Horrible ITlurdor of :i Child by a Child Front, the Lynchbury (r«.) Aries, May 14. A gentleman from Campbell informs uh of ono of tho most horrible murtlotH of a child by a child which has over occurred in Virginia, tho facts of which arc as follows : On Thursday of last week a negro girl, aged 4 years, whoso parents reside on tlio land ot Mnj. Jlobort 0. BaunOorti, in Campbell, eomo fifteen miles from this city, was missed from her home, and, night coining on, her Parents became uneasy about her, and a search of the woods and tic (as was commenced, and actively prosecuted until soon after day light Friday morning, when her dead body was found iu a field some distance from her father's house. An examination of tho body was made, and it soon became evident she baa boon cruelly murdered, her head being beaten almost to a jelly. Near by tho body lay a small stick, some seven foot In length, covered with blood and hair, showing that this was tho weapon used by tho murderer. A Coroner's jury as sembled at 8 o'clock Friday afternoon, and after reviewing tho body, tho testimony was commenced, whan It soon became manifest that tho murder was committed by a negro boy named Jcuao Penn, who is only about? years of ago. Tho boy was sent for, and fully con fessed the murder, giving as his motive for the deed tho fact that tho girl was tho owner of a white marble, which she would not give him, and killed her iu order to got possession of it. Tho youthful murderer, it in said, showed no signs of remorse for tho bloody deed ho had perpetrated, and gavo no indications of fear of punishment for it. Tho Jury returned a verdict in accordance with tho foots above detailed, but in considera tion of the boy's oxtromo youth, and also of his imbecility, ho was ordorod to be discharged from arrest. VIRGINIA. A Kira Through tho State. Talks •with Col. Meshy, Gov.’ Walker, and Others. Charlottesville and Richmond: Tho Uni- versity and the Metropolis. lloinlnisccncos of John Tyler--A Pcoj> at Monticollo. The Railroads of Virginia, From Our Oun Correswnient, Washington, May 18, 1873. Malting a visit to Richmond last vroolc, I foil la wUU OOL. WORRY, tbo celebrated partisan-ranger, who was just re turning to Warronton, Ids place of abode, from a visit to tho Whito House, wboro ho had boon so liciting offices for bis friends. Ho said that ho bad obtained moro patronage for Fauquier County than It bad over bad before from all Ad ministrations. Ono of bis last prizes was the Consulship to Laßoohollo for a young artist. Of course, Moshy favored throe terms for Grant, aud said that tho South did not want either lo cal self-government or Stato rights, but pro tootle*! against negro llcontiousuoss and carpet bag prolligacy, from tbo Federal power. “There is South Carolina,"ho said, “possessing local self-government and Stato rights, bat what pro tection have tho hotter people?" Mogby thought that Gilbert Walker would go out of publio life at the end of Uls term, never to recover ttosition in Virginia. Ho cold tbalitwasnot true thatOcn. Grant bad offered him tbo office of United States Attorney, but that ho had intimated that ho could givo it to Col. Moshy j and, at tho same time, remarked that to solicit tho office would get him evil Imputation at homo. Moshy said that ho had found it much harder work to light for Grant than to fight against him. Ho is a supporter of Tom Soott’s railway ambition in Virginia, aud expressed thohopo that Scott would gobble up tho Fredericksburg Hoad, and make nil • his connections southward. Moshy said that ho had worked for Bcotfc to tho boot of hla ability. Ho was by no moans complimentary to Gen. Grant’s Radical supporters, however, and said that ox-Gov. Wells was persecuting him (Aloaby) lone after tho War closed, and that the last volley fired was ono year after the War was done, when a ' Yankee Colonel at Leesburg ordered him to tako off a blue overcoat, which woo tho only cover ho could got for hla nakedness, and had then ordered his men to fixe a volley at Moshy retreating. Ho was so much harassed in this way that his wife wont first to -Johnson to got him protec tion, and, failing in this, obtained it from Grunt as Secretary of War. It appoorod also that, when Air. Stanton excepted Moshy from tho provisions of the parole of Loo’s army, Grant issued a special order extending clemency to him. Mooby' says that bo was never out of uniform during all thoWor, never maltreated hla prisoners, and never came Inside the Union
lines. Ho thinks J. E. B. Stuart was tho great est master of tactics aud strategy that tho War produced, being, unlike Forrest aud others, an educated military man, who knowhow to em ploy tho cavalry-arm ia conjunction with in fantry, artillery, topography, oto. Of HarryGil moro Meshy speaks quito nonchalantly, saying that ho never know u the gentleman." Of Sheridan ho says tbo same. Moshy is an enter taining man, with a finely-cut, aquiline profile, aud a severe, bluish-gray eye. Ho boa uot recov ered confidence among tho Virginians, who say that his objects are personal, aud that he has abandoned his Commonwealth. RICHMOND REVIVED. The changes at Richmond** City aro very re markable, and altogether for tho bettor. That town, like Washington, has experienced a com plete rejuvenation. I was particularly touched with tho superiority of the stock or hooks In some of tiro stores, and especially with the abundance of a class of hooks quito rave through tiro North, such as local History, colonial history, etc. Thoso books, I was told, had been purchased from ■ private libraries which had boon broken up by the necessities following tho War. Tho news papers at Richmond are too numerous to do well. Tho mills and factories aro running, aud tho granite-quarries aud coal-mines aro developing as never before. A now hotel has boon devised to tako tho plocoof tho Spottswood, lately burned. Tho hilly fiats west of tho town havo received a very noble extension of tho city, in tho midst of which is a now public park, ornamented with a statue of Washington. THE CEMETERY, called, I believe, Hollywood, overlooking tho rapids of tho James River, has boon decorated with a splendid monument to the Con federate dead. It is'a pyramid of granite, made of immcußQ rough blocks heaped upon each other, and rising to tho height, ns it seemed to me, of 100 foot *, tho cap-stouo is a massive pieeb, carved like a pinnacle ; tho inscriptions are tasteful and modest; aud tho whole affair is conceived in a reasonable spirit. Tho grave of James Monroe is quaint and unique, in the same cemetery. It consists of a sarcophagus, in closed by a canopy of ornamental iron, iu tho stylo of a scries of Gothic windows. It looks too much like a cage, perhaps, but tho land scape lias booii mado subservient to tho tomb, so that criticism hesitates, and, after n while, commends it. The grave of tho cavalry General, Btuart, is yet without a murk; aud our negro driver informed us ihut $60,000,000 JOHN TYLER was buried in Iho vicinity of Monroo; but, ns bo could not road, Wo lost balf-an-hour trying to Had Honry A. Wise's boro. President Tyler's son, it is said, has just received au ollico from President Grant, in tbo State of Florida. Ho very much resembles bis father, and both of them boar a likeness to tbo late Qen. Floyd, Presi dent Buchanan's Secretary. John Tyler was un fortunate In bis period, like Andrew Johnson. The acrimonious Whig party gave him neither a chance nor a vindication, unless wo ex cept Homy A. Wise’s book on tbo subject, which bo culled the “Seven Decades of tbo Union," —a book, by the way, of which Tyler’s sousspoak quite doprocaUagiy, Tbo lust workof John xyler t of any account, was tbo Peace Con vention which mot at Washington in February, 1801, simultaneous with the mooting of tuo Confederate Congress at Montgomery. ’Wise says that Tyler’s part in tbo Peace Convention was tbo most glorious of bis life. says Wise, “the part not only of a father of bis State, but of the whole country." But it would have taken a much larger man than Air. Tyler to cover all tbo eggs—serpents’ and eagles’— in that neat. In that Convention. Blvob and Bummers, of Virginia, endeavored to bo accommodating ; but Tyler was obstinate and inolllciont, Tyler’s last debate, of any account, was in the Virginia Stato Convention of March, 1801, when bo was 71 yours old. Tbo mutineers precipitated disunion upon this Convention by marching upon Harper’s Ferry and seeking to seize the Gosport Bavy-YavU. Jan. 18, 1872, Tyler gave up the ghost. In Richmond City, already despondent about tuo success of the re volt, and mumbling eulogies upon Honry Olay. 31. Af. T. Hunter said, in the Confederate Con gress, that tbo trophies of Tyler’s Administration wero tho addition of Texas to tbo Confederacy, iho Ashburton Treaty, and tbo overthrow of tbo United States Bank. Mr. Bivcs said of him, I that, in youth, bo was distinguished for tho 1 same Maiuluom ami courtesy of manner and graceful elocution which ho displayed in the , closing months of hla life ; and npnl od to Tylor 1 iho epithet “ Felix," which bo explained to menu a combination of wolUompoved attributes to propitiate fortune. Perhaps it was not the least calamitous fact of Air. Tyler’s career that Homy A. WJao should have Assumed to bo bis biographer. With snob a literary executor, death Hbould have additional terrors. By turns, ho bad boon President of tbo Republic, and the only ono who perished in tho council of those who made it tho task of statesmanship * to de stroy it, Tho ObOßftpealco A Ohio Hoad la miming but ono through train per diem to tho Ohio liivor« but Us tunnel at Richmond isttoll advanced, ami tho road b&o boon aurvoyod to Old Yorktovm, noartho mouth of tho York River. What Is queerer. amongst the mutations of timo and for* tune, than that tbla old spot should bo revived after more than a hundred years' desertion, and booomo at last a modem city, daily hailed by tho stonm-whlstlo ? It is but 20 miles from York towu to Cherrystone, on tbo opposite side of Chesapeake Bay, whence thoro will bo railway communication up tbo Peninsula of tbo Eastern Shore to all parte of tho const and tho East ern cities. Tbo tunnel under Church Hill, at Richmond, ia one of the most costly and deli cate undertakings of tho sort, but it la nearly finished; and next. 101 l tho Chesapeake «fc Ohio Bnilrond will bo open to doop water below Rich mond, nud will bo lapped by a road fromPlilla dohJila direct, another from Baltlmoro direct, ami a third from Waohington. 1 found tho with about 800 students, and. like the colleges of tho South generally, under financial discourage ment. I gleaned from tho Professors that they regarded Clou. Loo as having divided tho collccl ato revenues of Virginia by going oft to \Vasii ington Oollogo, and giving it tho ftcll tloUs advantage of his unmo. Ono of tho Frorossors at Charlottesville said lb was not legit imate, regarded from a scholastic point of viow, for a college to build its hopo on a military rep utation. Tho University has rather moro stu dents than Leo’s oollogo, but tbo Stato baa made an erroneous uso of agricultural oollogo lands by fouuding with thorn a separata concern, to tho extent of giving tbo University tho bonoiifc of tho land revenues, it being already ondowod with about 1100 acres of land, possessing all tbo accom paniments of an agricultural faculty. Homo votes aro stated to havo boon cast in tho Legisla ture against giving tbo University tho customary oppropriationof $15,000, on tho ground that thoro was eomothfngariatooratJo in tho learning thoro. Tho whole South can altord to koop in good con dition not moro thou ono groat school} but tho ambition of localities lias covered it, llko tho North, with small-fry faculties of an ocadomio grade,' which accomplish llttlo moro than to make all education beggarly, and givo moat and coffoo to a fow school-teachers dignified with tho title of Professor. At Charlottesville, there aro Bttildings alid collections of a very notable de scription, and tbo work of half a century has boon spout upon tbo University. Its prosperity is to bo desired upon all Ihogrounds of progress, patriotism, and reminisconos. FEBP AT MONTIOELtO. It has now boon two years since I visited ATtmticoUo, and, having somo acquaintances who were anxious to mnko an excursion, wo wore driven to tbo top of tho mountain, over roads wfiich, in any-othor Stato of the union, would be doomed impassable; part of tho way yjay was actually terraced over rooks, which tho wheels ascended sometimes a foot nigh verti cally. Amongst tho pleasantries of tho trip wero plunging into a crook almost deep enough to lift the carriage up and float it. Jefferson's tomb was in tbo same disfigured condition which I havo fully described in previous loiters; and tho old mansion at tho top of tho hill was in oven worse repair, the roof rotten and falling off, old hats stuck in tho windows, farm-gear over tho lloor, and tbo smell of must, and mold, and rain, and desertion over all that groat abode, whore once busts,statuettes, paintings, vases, urns, books, visitors, and household animals mado hospitality baro nial and eminence iu retirement still splendid. Tho little stairways sot In tho walls, and hardly bigger than a chimney; the groat old cloak, stopped, over tho portal, with its weights of can non-balls covered with rust; tho secret passage way filled up with earth, and tho stables dron ing to pieces ; the empty brackets orouud the rooms, hinting of former occupants; tho bust of Jefferson himself in plaster, discolored and look ing hideous ; tho frowsy mulatto servant going through tho old rooms, reminding us that “ a , quarter "was tho charge to boo tho place; tho St wheeled chair in which tho venerable Preai- Uficd to bo pulled along, now occupied by a cat with a litter/ and the hull-way whore ho ap peared on a balcony and talked with tho stu- douts, full of pooled wainscoting uud strips of raoldorcd wall-paper; what mini— what a tomb of reminiscence! If ttio students at tho University had tho spirit of Northern hovs, they would march come Sat urday, with picks and spades, up tho side of Alouticollo, ami do a llttlo wholesome gardening around Jefferson's grave. Half-a-day’s organ ized labor would take from, that tomb part of Its desolation, and mako It appear that, if rovoronco for Jefferson wero dead, self-respect among tho living might still havo some vestiges loft. Afonticoilo has been adjudged tho property of tho heirs of Cant. Levy, after much litigation. Tho Librarian of tho University, and many other people of tho region, remember seeing Jefferson, Mnulson, Alonroo, and Lafayette, all together promenading in tho University grounds. THE OOVERNOn ON THE SITUATION. I called on Gov. Walker, nt tho Executive Chamber, and hoard him relate tho political eubabilitleß of tho Stato in tho next election. 0 thought that nll-tho difficulties of the Con servative parly would ho settled boforo next autumn, nud a ticket ho made which would carry tho State by 20,000 majority. Ho said that there wore half-a-dozcn candidates, amongst them tho second son of Gen. Leo, who had a good show to got tho nomination. Tho Republican candi date would probably bo Thomas Hughes, who had been au officer In tho Confederate army, and publisher of a newspaper nt Petersburg, and ho was now United States Attorney. This man is said to have considerable personal capacity. Ho fought a duel, at tho close of the war, with Henry Cameron, present editor of the Richmond Inquirer, Gov. Walker expressed tho belief that the nomination of Mr. Greeley had bad tho happiest effect in Virginia, unifying all tho elements again upon the basis of national al legiance. I found tho portrait of Mr. Greeley in tho Stato Library. Thoro would seem to bo a considerable num ber of negroes around tho Stato-Uouso who had received olhco from tho Conservative party, and ono of those, ia particular, was very reverent to tho portrait of Gou. Loo. Jeff Davis’ house is now a school, and it ia immediately confronted by a bran-new negro school. Tho first free bridge is about complete between Richmond and Alanchostcr; thoro aro street-cars iu tho city; and tho hotel-accommodations have very much improved. Fooplo generally are lamenting that their solitary summer-resort, tho Whito Sulphur Springs, is nudor such inefficient management. Tho proprietors thoro are said to pay their wait ers from $4 to sl2 a month, and tho consequence Is peculation, a strike every season, aud tho worst kind of attendance. Tim FINANCIAL CONDITION railroads. UNIVERSITY OF VIRGINIA of Virginia merits moro than passing notice. Tho debt of tho State is tho largest in tho Union. Iu tho past seven years, about seventy railroads have been chartered by tho General Assembly, aud thirty road companies, eight navigation companies, aud ton express and transportation companies. Charters have boon amended and ro-ouactod, besides, to tho number of niooty niuo for railways, aud seventy for other com panies. Nevertheless, tho turnpike-roads of tho State aro iu a very unsatisfactory condition, and the Virginia tourist must oftonloso patience, and sometime suffer damage. Tho Richmond, Fred ericksburg A Fotoraao Railroad, 75 miles long, with a branch of 10 miles to Quantico, shows a 1 not revenue of SOO,OOO, and cost $2,500,000. Tho Orange, Alexandria cc Manassas Railroad has about $3,000,000 of stock, aud has purchased tbo State’s interest; its debt is about $5,500,000, its cost $0,250,000; and it is about 270 miles long, and controlled by tho Baltimore & Ohio Road. Tho Seaboard A Roanako Railroad has $300,000 debt, cost upwards of $2,000,000, and Is 80 miles long. Tho Lynchburg it Danville Road, incomplete, will ho 05 miles long, and is an extension of the Orange lb Manassas. Tho Alexandria Jc Fredericksburg Railway, built by tbo Pennsylvania Company, Is to bo DO miles long, and to cost, at last report, about $2,250,000; it bus a debt of $4,000,000. This Company, aud tho other parts of linos controlled by tho Pennsylvania Road in Virginia, aro en gaged in a contest with a native coalition made up of tho Old Bay Lino, tho Richmond & Fred ericksburg, and the Seaboard & Roanoko Roads. Air. Bcolt got a charter last year for an independ ent Hue from Richmond to Washington; hut, either supposing that ho could easily gobble up the Fredericksburg Road, or incensed at uomc thlng in the charter, ho abandoned it. Tho X’onnsylvunla Railroad is now embarrassed in its Southern connections by this disagreement, and can run hut one dally train through; while, in North Carolina, it hao Leon restrained from changing tho gauge of rail, which alone will per mit its trains to pass on to Atlanta. Tho Atlantic, Alissißslppl & Ohio Road, of which Gen, William Mahono is President, has nearly $7,000,000 capi tal stock, and $15,000,000 of funded.debt; it has cost nearly $18,000,000, and is about 425 miles long. Tho Richmond & Danville Rail road bus $2,000,000 of capital stock. $3,250,000 of debt, and 140 miles of rail. TUo Tuckahoo & James River Railroad is a small affair, In the mountain-region of Virginia, which has no debt. Tho Richmond Railway Company is tho stroot rallrond of Richmond, miles long, owing SIOO,OOO. Seventeen milou of the road between Froderiukahurg and Charlottesville wero built iu IH7O, when tho road stopped; but It ia now going on, with somo chance of completion. TUo Norfolk & Great Western Road has boon surveyed, and $3,000,000 has been subscribed to its capital stock s hut thoro is no road. Two railroads arc being built un the Valley of Virginia. TUo James River & Kanawha Canal has nearly $12,000,000 of stock, of which moro than half is held by tho State and debts amounting to $1,260,000; it coats nearly $11,000.(100. aud Is 103 miles long, with branches 25 milou long t its receipts aro upwards of $400,000 a year. The Washington & Ohio Railroad has SOOO,OOO block, and $160,000 debt, and iu 44 miles long. This road has partly fallen Into tbo bands of Oakes Amos, iM'Oomfo, and others, and tho State's Interest baa 'boon pur-* chased, with tho intent of pushing it “out to tho Valley of Virginia and to tho coal-regions of tho Potomac. Apropos of Amos, Alley, etc.,. you may notiao that Judge Uudorwood, whopro sldod nt tho trial of Joltoraon Davis when Air. Greeley gave ball, has recently boon pronounced, by a full Bench of Judges, to havo acted scan dalously and unlawfully In condemning certain property to confiscation, and then buying tbo same In blmsolf. is a trick charged upon otbor Judges tbnu Underwood, and It would appear that villainy, in public office has got so far as to implicate several United States Judges in tho districts, who go from tbo Bench to tho auctions to tako advantage of their own de cisions. Oath. THE SUPREME COURT OF ILLINOIS. And Its Chief Justice. Letter from Judge 'Thornton on tho Approaching Judicial Election. 2b the Editor rtf The Chicago Tribune .• Bin: Having resigned tho position of Judge of tbo Supreme Court, to toko effect on tbo 81st May, my connection with tho Court has vir tually terminated. It cannot therefore 1 bo Im proper, iu view of tho excitement now existing in tho Fifth Judicial District, to submit a fow thoughts and facts, not ia dofonso of tho Court, but ono of its honored members. I have now no moro interest in tho complexion of tho Court than any other private citizen who desires tho law to bo administered honestly, intelligently, and Impartially ; and, realizing, as I do, tho Im portance of an upright and capable judiciary’to tbo woll-bolng of tho Stato; tho security of per sonal rights, and tho preservation of liberty, regulated by law, I cannot remain sllont while ono whoso feelings and thoughts havo booh so often and so fully spread out boforo mo is re viled, and his judicial character unjustly assailed. Boon after I had severed my connection with tho Court, and knowing that Judgo Lawronoo was a candidate for 10-olcction, I wrote to Idm, offering to publish over my own signature a communication in behalf of his claims to public favor, which, at least, might havo a tendency to stay tho prejudice gathering against him, and exhibit truly his capacity and faithfulness in tho performance of his judicial dutioa. His reply was characteristic of tho man. Ho wrote that it might bo inferred that ho bad sought a defense at my hands, and ho would rathor bo defeated than Incur tbo liability to such a charge. With this reply I was not satisfied; and I now doom it a duty to a good man and to tho people who may have boon misled by false clamor, to make public some facts which could only be known to those who had boon in close conference with Judgo Lawronco. Such a course may bo unusual, but I tako it on my own responsibility and at my own volition. Perilous times and false charges require unusual remedies and a knowledge of tho truth. In tho repeated conferences of tho Court, for the post throe years, in tho investigations of causes involving Interests of vast magnitude, and in tho establishment of principles affecting tho life and liberty of tho citizen, our discussions havo boon long and earnest, ana sometimes ex citing. Thou tho collision of mind with mind developed mental power. The sympathies wore often aroused ; abhorrence tor vice, meanness, and oppression often manifested 5 a knowledge of law displayed ; and tho whole strength of tho man exhibited. No circumstance could ho bettor adapted to unfold tho outlro character. With such opportunities, aud having boon members almost of ono household for throe years, X have learned to know Judgo Lawrence and appreciate his illness for tho position which be has so ably filled. Ho could not have disguised himself ii bo would. My conclusions aro that ho is a pure and upright raau, and scorns baseness and dis honor, Ho is a ripo scholar, a thorough and dis criminating lawyer, and possesses groat powers of analysis. His sympathies aro with the dis tressed, and his indignation Is always against" unjust monopoly and every attempt of tho strong to oppress the weak, Ho is thoroughly imbued with au utter detestation of all combina tions to crush ono class for tho elevation of an other. No man holds with moro oven hand the scales of justice, and administers tho law as it is written more conscientiously for tho good of the whole people. Persons opposed to his re-election, urgo that hois tho “ railroad candidate," aud is in tho interest of railway corporations. A more ground less slander was never uttered, 1 kuovv of what I speak. While X know that he would as a Judgo Srotoct thepo corporations in all their just rights, 0 may ho regarded as a pioneer ia opposition to their extortions and their unwise and im politic coubinations. . • When tho case against tho Chicago & Alton Railroad Company was boforo tho Court; during its recent session at Springfield, ho suggested that it should ho immediately considered and on opinion written, so that, if tho decision was ad verse to the validity of tho law involved, tho Legislature, then in session, might apply tho rem edy, and make tho necessary amendment. ITo was earnest iu bis suggestion, which was ac ' quiesced in by all tho members of the Court. Tho law was hold to bo invalid by tho unanimous Court, as it prohibited any discrimination tinder any circumstances, and did not yire the raihcai; companies tho riyht of explanation,—a right se cured to every offender against tho law,—and because tho Constitution only prohibited unjust discriminations. But, in tho particular case pre sented, the decision was, la effect, against tho railway company. It was held that tho particu lar discrimination charged to havo boon prac tised against Lexington, whore thoro was no competition, was unjust; and, in delivering the opinion of tho Court, Judgo Lawrence, in Ins desire to settle tho vexed question and to af ford some relief from abuse, made suggestions which would enable tho legislative department to enact a law in accordance with tho Constitu tion. It is a fact well known that this Legisla ture acted upon the suggestions, and, before its adjournment, did pass a law intended to bo in conformity to tho opinion of tho Court. Tho former opinions of Judgo Lawrence, as the organ of tho Court, also refute tho slander. 1 shall refer to only two opinions, in which tho power aud growth of monopoly are denounced*. In tho case of Vincent vs. Tho Chicago & Alton Ballroad Company 41) 111., S3, it was hold that tho Railway Company could not bo allowed to uso its vast powers, as.a corporation, with a viow to create a practical monopoly for a favored house, and inaugurate a policy which, if established, would place tho farmers of the State under grievous trilbuto; aud tho following language is used by Judgo Lawroncos “A railway company, although permitted to- establish its rates of compensation, must do so without in jurious discriminations as to individuals. It uniat deal fairly by tho public, and this It would not bo doing if allowed so to discriminate as to build up tho business of ono person to the injury of another in tho same trade." Hero is an express declaration that those cor ftoraliona cannot ho permitted bo to discriminate n their charges as to favor one to tho injury another. Tho enforcement of such a principle would uot ho very favorable to tho growth of monopolies I In tho case of tho Chicago & Northwestern Railroad Company vs. Tho People, 5(1 Illinois. BGS. 870, Judgo Lawronco, in tho opinion, said 5 “ Bui railway companies may now ho regarded as under a higher obligation, if that wore possible, than that imposed by tbocommon law,to discharge their duties to tho nubile, as common carriers, fairly and impartially. The Stato has endowop thorn with something of its own sovereignty in giving them tho right of eminent domain. By virtue of this power they tako tho lands of tho citizen against his will and can, if need ho. demolish his house. Is It supposed those great powers wore granted merely (or the private gain of tho corporators ? On tho contrary, wo all know tho companies wore created for the public good. If, thou, a common carrier, at common law, camo under obligations to tho public from which ho could uot discharge himself, at his own < volition, still loss should a railway company ho permitted to do so, whon it was created (or the public benefit, and has received from tho public such extraordinary privileges. Tho principle is distinctly announced that railway companies wore created for tho nubile good, and endowed with a portion of tho 1 sovereignty of tho Btnto, and that they are under obligations and owe duties to tbo publio which 1 they must discharge for the good of tho publio. ; In this oaso a contract between tho railway ; company and certain elevators iu tho Oity of Chicago, not to deliver grain iu bulk to any of tho elevators in tho city, not embraced in tho > contract, was pronounced absolutely void, as 1 ogaiust publio policy. 1 It cannot ho supposed that a man who has an -1 uouncod such opinions would Incline to sano -1 tiou any violation'of duty on tho part of thoso , corporations. Such a conclusion is not possible 1 iu regard to Judgo Lawrence, who ia 1808, la «: . J . tlio Vincent case, and prior to ths adoption of tho present Constitution, awarded an Injunction to restrain Ike Chicago & Alton Railway Compo* ny from the delivery of grain to any other waro • house than the ono to which the grain had been consigned, . . Again in 1870, with''his associates upon tho Bench, ho directed tho summary writ or man damus to compel tho Chicago & Northwestern Railway Company to deliver grain to a particu lar elevator, to whloh It hod refused to deliver it, and declared that tho Company oould not select tho consignee to tho injury of tho shipper. , Judge Lawrence’s sympathies aro with tho Right. Hlo sound judgment has boon Improved by experience, His extensive legal information, when ho came npon tho'Bench, has boon largely increased by constant study and laborious re search. His desire is to protect all men and all interests. With every opportunity of forming a correct judgment, I know ho Is honest, caps* bio. faithful. ' * . Bor tho good of the State, tho honor of the judiciary, and the security of a just adminlatra* wiat tho voters of tho Fifth District will return him to a placo which ho has so long adorned. Anthony Thornton, SIIKLBTVIZ.LX, May 14, 1873. liottor from tlio Hon* Jcmci w, joo- ... yitlaon* From f/i# Goleoburg IteputU c. U. bombard,. Btaj Bm i Tours, In rognitl to tlio Snpromo Judtro ship in tula district, lifts just boon received. In reply I have to Bay that I deeply regret thoshape the canvass has assumed. I entertain a high regard lor Mr. Craig as a gentleman and a brother lawyer—lndeed, it is my regard lor him which prevents mo from yielding him a cordial support. But I moat Bay that m my judgment low men have over braved tho dangers which seem to mo to aland In the road ol Mr. Craig. Defeat to him Ib-ruinous, while suc cess must unavoidably prove latal to his fu ture. II elected*-and a case should come up-r and, ol course, they surely will—between tho farmers and tho railroad companies, then lot him. although the law may bo conclusive In favor ol tho railroad company, uaro decide In favor of tho railroad, and a thousand tongues will curse him. II ho decides In favor of tho farmers, rail road men will simply say, “ Well, ho was elected to do that thing, and.of course, ho dare not dis obey his mas tors.” This, to my mind, la a very uneasy position for any person to OBaumo volun tarily, . and to an honorable gentleman, and Judge, as Mr. Craig would desire to bo from his natural instincts, it Booms to me that it would bo humiliating, to say nothing of tho posi tion voluntarily assumed by Mr. Craig boforo ha was nominated, not only towards Judge Law rence, but towards his friends, in asking them, in person to support him for Circuit Judge. * But why, I asV, should wo repudiate Judge Lawrence ? What has ho doner Who doubts his ability? Who doubts his integrity? No man, in my judgment, can bring against his ofllolal character quo just cause of ceusuro. If they cannot, then it would be unjust to discard him, thereby casting on him evon implied cen sure. X, for one, haying known Judge Lawrence for more than twenty years, and having tented Lila Integrity and ability, cannot withhold from him my cordial support. I am, air, your obedient servant, J. W.Bavtdso.v. A SAMPLE VIENNA COMMISSIONER. Iho Career of Leopold J* Bocck from Oswego to Vienna. From the OBircoO (A*. Y.) Gazette. Ton years tho present spring, Prof. Leo pold Back, who had boon acting as principal of tho Oswego Academy for abont two years pro* yious, loft this village suddenly in company witb n'yourig lady who was attending tbo school; His wife, whom ho hod shamefully abused, had a abort time before returned to Europe. Boodle was deeply In debt, and, after bis departure, bis of* foots, which wore of considerable value, woro sold under tbo hammor to satisfy tho demands ol his numerous creditors. We hear next ol him aotlng as professor of anplied mathema* tics and civil onginoor in tbe-Univorsity of Vir ginia, at Charlottesville in that State. Among the United States Commissioners at Vienna (who have boon so severely arraigned) tho samo Prof. Beech turns up as quo of tho scientific staff. If all accounts, or even half, are correct, this per son la certainly no lit representative of the United States at tho exposition. According to tliQ World Leopold J. Basok drat turned up in Now York some time between 1855 and 1860, 'when he excited considerable sym pathy by claiming to .bo an Hun garian refugee ana personal friend and intimate of Kossuth. Ho was a man of propoa acasing appearance and apparently of more than ordinary oulturo, and managed to support him self for a considerable length of time on the do nations of. sympathizers with the Hungarian cause and by teaching tho sciences, particularly mathematics and chemistry. Ho borrowed, too, many sums of money from those who were will ing to lend to him, but nothing definite is known about him till 1865, when he succeeded ip ob taining tbo position of (( coach ” to a number of the students of Columbia College who wore be hindhand in their mathematics, and one of tbo college-recitation rooms was allowed to him for tho purpose. On tho strength of this quasi connection with the institution ho borrowed money right and left from tho professors of tbo college, and finally capped tbo climax to their list of favors by ob taining tbo signatures of several of tho more in fluential certifying to his pretensions to a pro fessorship in the University of Virginia. Ho de parted with his credentials and obtained the post, and whilo tho good, easy, loomed men to whom ho owed Lis success woro quietly expect ing remittances of tho money bo owed them out of Ida first quarter's salary, they woro astounded, one 1 and all, by receiving notlco of his Laving gone into voluntary bankruptcy. Some of tbo monoy ho had borrowed was ob tained as a sort of anticipation of tho payment of his services to “coach;” but before ho de camped ho corefullycolloctod all duo him on that score, so that his creditors had no redress there. Up to the very moment ofHiis departure ho is said to havo levied tribute from all with whom bo camoin contact; and as soon as tbo moans of - payment were m bis teach ho filed his petition In bankruptcy. His creditors hoard nothing further from him till tho announcement of bis being about to receive tbo appointment of Com missioner to Vienna —of which bo is now tbo in cumbent—was made. What influence ho bad with Mr. Van Buron is not known, but this much is known ; that Mr. Van Baron made tho appoint ment with complete acquaintance with his career In Now York. A copy of Back's bankrupt certificate was oven sent to Van Buron, hut it weighed not a straw with tho discriminating creator of Com missioners. Back—a political refugee and rebel against tbo Austrian Government—was sent to the Austrian capital as an accredited representative of tho United States. Back’s bankruptcy petition is filed in tbo office of tbo United States Commissioner in Bankruptcy, in which debts to tho amount of $7,600 are chroni cled, the period of indebtedness ranging from before 1600 to the very moment of making tho petition; which boars tbo date of Aug. o, ' 1867. Of this total amount, $2,500 consists of loans from friends, and tbo rost, with tbo exception of * S6OO aud some smaller sums duo for scientific appliances, books, &0., is owing to “butcher, bailor, and candlcstick-maker” for general ex penses of living. j Would Do It Again* Stockton, Oal.. has bad a hanging at which and near which there wore some unusual scenes/ Jolm I. Murphy was to bo hung for shooting and killing his brother-in-law, Patrick Murray, in JBCB. Ho shot the man, as ho said, for abusing his wife. Airs. Murray was Murphy’s sister. Tho woman was an invalid, and has since died, and tho gallows has finished the family. Tho execution was to ho in private in tho jail-yard, there being about 100 invited witnesses. As tho hour drew hoar it was found that nearly all tho town of Stoakton had ascended to the roofs of tho neighboring houses, whore a full viow of tho jail-yard and gallows could be obtained. Under such circum stances the execution would havo boon virtually public, aud therefore not according to law. It was necessary to dislodge tho spectators to oarry out tho law, aud as it would havo taken too long to shoot them off their porches, tho fire-enginery of tho city was brought to boar upon them, ana they wore squirted away long enough for the drop to fall. The law was thus technically ful filled iu respect to private executions. The murder was Murphy’s only offense in life that over became public, aud ho was noted as a just man in all his other dealings with iriou. In property matters—and ho had some property ana money—ho was exemplary and regular. Ho was a peaceable oitlzou, and never had any dis turbances. On tho scaffold ho said that ho bad done nothing that ho felt bad about. Ho h&d killed a man, but had not committed a murder, aud would do tho aamo thing again nndor like circumstances. Ho bad acted ouly lu defense of his sister, as any man woffel do. Bo bo died, and ho exhibited no omotW*. whatever al the last scene. -•* A son of Gen. D. 11. Hill,-of the Confoderatt Army, baa been appointed toCfftat Feint, Monmouth, May 15, left.