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HOUSK .MOVMt AN I) HUU.Di'.H
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HOUSK MOV IN (J, HOtlSU UA1SINO
KKi'AlltlNU OK.KVKKY DKsCnil'lloX
o tur x.wt krtiMimi Tri.M.
i"ttDF.fit Iff ' 1 "" f1''
I .Mr. K"i nuty.
J on Oi.ur iri-fi, n xi 'H'
Hi hi hi-w im-'hm.I
hn ...r -.l.lrro ! In lllf "'f I'. ' I"
iirth- ftlilli'lill ullli-c. it ill Ni ' lirnilllil .III
DOOKH. tin it, I.li-m, li ii'l. ratal'iism--,
' iiixr. I ix II-I-. an.l n. r v irirtt of oxIrMi
ItP prmlluK iniuor'lH I fur, nml 1 1 r . 1 1 ) 1 1 mul
pmillj UMIHW, III IIIII IHUH'l'll IXIOk
nwi-r ami iuilln( i--ltlili-hiniit.
Wednesday Mokninci, .li vb '-'1, 1871
JOHN II. OIIEtriTv, Ki.it.iK (Mi IV in.
Tiai or tur Haii.i lliinriv:
On. writ, Ly mrrlir
One month. hy i.inll - W
Thrtr monlli - - tJ ""J
8li month" 4 21
On year,. fi '"'
Tht offlfi'aZ vaptruf Munndtr evantii uml )'" titu of
Ourot lhtonlximonilngilt.iluinSrmlhrrn (iti'iM .'
avile-avakt journal t miw, hut frnrteH ; f
nUn on all tubjrett of Merttl to the puUir ;
rt'kaforrtairiintrraifiir; einuUtvm, tlif llnr
Unulinttthtpatmnmtot MiUmttt rnH, nil
cnlerprinnj turinMt mm,
THE DOLLAR WKKKLV IIL'Lt.KriV.
John II. Obrljr A Co. hxto rulucoil Hie miI.
crlpllon pric of the Weekly Cairo lliilltlin In
On IMtarptr annum, making It the cliMt.r-l
pMpulllihf.l in Southern llllnolt,
The country precincts of Alexander
county arc opposed to the Cairo ami
Vincenncs railroad. The denizens of
the country precincta, need we say, are
not to any alarming extent members
of the democratic party. About two
thirds of the voters outside of Cairo arc
radicals, and a railroad or a bran -new
school house, with patent desk, would
frighten them to death.
SAT8 the MemphiH Avalanrhr. : For
thi first time in seventeen year." the
. New Hampshire democracy has ob
tained control of (ho state government
and legislature. But it is n democracy
which recognize tlint the federal con
stitution contains fifteen amendments,
all in full for:e. While the New
Hampshire democracy stood on the
platform of the national convention of
18C8 defeat followed defeat. M'lieu it
"accepted the situation" it began to
win victories. Perhaps this fact is
A CONOUESSMAN-AT-I.AIKIK is to be !
elected in Illinois this fall, to fill tliu
vacancy occasioned by the elevation of
Mr. Logan to tho Uuited States s-enate.
Tho democrats hIiouIJ koou take up tho
subject and determine who shall lead
them in the contest for that important
position. To say that thu democratic
party is in the minority and that cflort
to elect a democrat as Logan's uccesor
would be futile, is to admit that the dem
ocrats of Illinois are cowards or have
no hope of success. If they are cow
ards they should .-urreiider at discre
tion; if they ha vu no hope of success
they sdiould either throw down their
arms in despair or resolve to die light
ing in the last ditch. Hut tin; demo
crats aro not cowards and they are lint
hopeless. Thoy havu braved the force
of radical power too often to fear it, and
there has not been for many years a
time when their pro.-pecln for tjucec-s
were as bright us they now nio. What
is wanted among the democrats uf
nois is organization organization that
will instruct the party in its duty and
bring its electorn to the polls. With
such orguuizatiou we can defeat the
radicals aud redeem the state ; without
it our efforts are Iuvu'h labor lost. To
effect Buch organization, we must, in thu
first placOjhave a platform that is sound
one that will meet tho issues uf tho
day aud rally in its defense and support
men who are enthusiastic und deter
mined to succeed in its vindication be
fore the people. Iu the next place, we
must have a candidate that appreciates
the situation a live, earnest, fearless
wan, who can aud will carry the war
into Africa. Aud in the next place, we
must have a stale central committed that
underslauds its business, with n chair
man not takeu ftom among those old
politicians who kg superfluous on the
t!Ui. u, too, the headquarter of the
committee could be located elsewhere
than at Springfield, the party would be
greatly benefitted. There are other
necessary policies that should be ind
urated, which will be suggested to any
person who has observed the huii"liii"
manner iu which tho affairs of thudem"-
v,B,,t j,Bnj- nme neon iiuniuued of
late years in this state, but the ehiefet
necessity of the party is the oleaiin
away of the dead-beat leaders who have
no interest iu the warty that rises above
meir own i-rsoual ambitions the po
litic wen who look wise and are w non
committal. The, men ought to ho
made to take a tack scat, aud the bold,
earnest, pluoky, tightine: men men ot
itic ValUudigham stamp permitted to
10 to the front.
TUB HOMULINO LKOISLATUKK
I) HOKUM IN TUB StCNATR IlimiNK!
MIA III. V roMPl.KTKII 111 t.I.M TllltOtOII
AMI KJlllIKr.lMI TllltOII'lll "HOUI.l.tifO
tlKKY.' Hnisnriri.ii, .limn in, 1871.
Tu tU I'Murof the Ihtlrtm i
I'liis it Saturday, ami, n usual, tlio Jen
nie Im no quorum. i ho prosotit liouso or
riptiiH'iitalivrs i o much larger limn tlio
t.Wto that the latter IkhIV is nine io Kcp
with tho forintr without work-
itii; on Mturday, ami without ailjoum-
Ing. tin- numbers quietly tlip home lot
iSiimliiv mul ruturii tome timu during
.Mo h! ii y.
flio work for which the i-xtrii cioii
wiu fnllctl it ncnrlv nccomiiliflicd. All
tho uliJiKt fiiiliriu-.nl in tin- proclamation
huvi) heon I'DiinidcriMl, mid wheru it wn
thought iii'i'C!artv hill Iiuvm been Intro
iliuvil and have either pnMcd both houes
or are wi'll along on the regular road
TIIK I'AltK HI I.l.S
nrc all through; tho ititte lioii'u hill mid
that for the pay of member! nre through
mid signed by tho governor ; tho hills for
the investigating of tho ulfalri of tho pen
itontinry and' of tho foldiers' orphans'
homo, for tho appropriation of an uddl
tionnl $25,000 for tho insane asylum at
Jacksonville und for tho payment of
school-fund nnd school-fund interest or
dors, lmv epaiscd both houses.
AN KMINKNT DOMAIN 1)11,1.
has passed tho fonalo, but is being fought
In tho liouso. Tho opponents of tho scnato
bill hold Hint no benefits tonronortvin os-
timntlng tho vnluo of nronertv taken or
dantnjrcd for public use, wbllo tho scnato
lull provides that sueli benefits may bo
ukcn lino tno account so fur as thoy nro
speciul and nro not shared In common
with tho proporty not takon.
TIIK IIKNEIIAI. Al'l'llOPItlATIO.V HILL
providing for the current expenses of the
state government has passed tho liouso but
it meeting with opposition In tlio senate,
especially nmoiig tlio democrats. Tlio
democrats in tho liouso mostly opposed
tho bill on account of some extravagant
appropriation for tho ofllco c.xponscs
of tho various statu olllccrs, but thoy woro
voted down at till points. Yesterday, In
tho senate, a number of iiiiHi!iluienls were
ottered, hut every one of them win voted
down, and tho bill was ordered to a third
reading. When It is put upon its passage,
however, the republicans will find that
thoy will have to submit to some ninond
nienls or thoy cannot command votes
enough to carry it through.
IT l NOW COM'KDKI)
that nothing will bo dono with tho sal
aries of circuit judges, tho bill fixing them
at $.1,000 having been lot in the scnato by
a vMuof "i to 10, it requiring 20 to make
a constitutional majority.
Tin: iioAii hi i.i.
ha been laid usido as too long a job to
tnko up during tho hot weather. Some- of
the jmlgei und juilice in tho state havo
decidiil that juriet may bo summoned In
iiriwcliiiico with tlio requirements of tho
new constitution without any now pro
viiiom of law, and that land may bo con
demned for highways or other public itios
as uercvoiore, anu u jury, kummoneii ns Hi
other civil canes, ut thu requost of uithor
party, may assess tlio damages, if thu is
n correct view of tho ento it l not so
very important that n road law or uvea an
annual iiomain mil no passed me iesiun.
The appropriation of $ri0,0iM for the In
sane Asylum, at Anna, which passed Imih
hiiu-es ut tho lii-it stt.Mioii, t'uiliMl to In'Coiiiii
n law. it passed tho Ihmimi iiii the !a-Wl:iv
of tho session, ami was not rep irti'd en
rolled before both houses wevo adjoui ned.
It did not, therefore., roach too governor
iu tho regular order of businc. Sin
this tcstUm convened, the bill hut
bei'ti signed by tho speakers of both Iiouhib
and presented to the governor, but hit
prc.'cul iuiprcMion i' that it clues
not eomn by proper lecinlative author
ity, nnd that he camml sign it. Thi'iv
sinsomii wliltpiiriin; of sfHlMuiwrif con
cerning it, hut I am inclined to think that
it In s happened ns tho natural result of tho
pernicious lml.lt of sotting the limn ol ad
journment n week or two iu advance,
when it is imposibii to tell in what con
dition the hiiiim"!- will be In w'm'H that
The house hat asked to adjourn finally
on 'educil:iy net, but the senate has
not yet concurred. Km .Vovix
Tlie surviving tnldiers of the war of
hold their aunuiil meeting lo-dav, at
The colored cinlet lately admitted to
NVe't Point from Teliuuinee, It known there
at ' Lord Napier."
The president has appointed John H.
I'itls comuiti'sinucr to attend; thu centen
nial nnulvortiiry of American Independ
ence at Philadelphia.
.Mobile, Ala., hat found' n new ma
terial for street pavine; iu "eypriu shav
ings." It it said thi road hod will remain
llrmnnd solid from eight to lei. yean.
Woodhull V Claflin.tho fenialo "lirok
ers, havo sued thu Christian Union for
$250,000 damages fr publishing .Mrs.
.Slowo's new novel, " -My Wife and I,'
which contains two characters, of which
they think themselves the originals.
Thcro isn't a basoball club iu Xonia,
Ohio, and the authorities keen out patrol
men on all the roads, with Instructions to
shoot any man approaching with bat or
ball. It Is expected tho population, under
this administration,' will double ovety
three months by Immigration from infected
Mr. .1 utiles Anthony Fronde, the histo-
f hin.has just he relieved from holy orders,
assumed iu hi youth l Oxford, lie
availed hlnisoir of the ' Clergy Dis ihllitles
Dombruw.kl, wys th ,,,,,,,,
lll.,., ..II 1 . . i ...
"ytwm-nju, uii mo uvu ol thu I'htry of
Commune for 500,000 francs. M. Thlur
Uecllued thu modest proposal.
The Marqul, or Lome being virtually do
barred ""X V"Hcl preferment at
home, tho belief I, gluing ground In Scot-
THE CAIRO DAILY BULLETIN, WEDNESDAY, .TUNE121, 1871.
land Hint ho will shortly como to Canada
to rulo tlio .Dominion.
(JoinTnl Clusorot, ns War Minister of
tlio Communo, sent nn American citizen
to M. Tillers offering to sell thu gales of
Pari for tho round sum of 10,000,000
francs. M. Thiers refused, but scarcely
hud the envoy returned than the Commune
smell n rat and put the "General" under
Victor Kmanual, though king of a very
pour country, Hiinncially speaking, l
represented to boono of the richest crown-
wearer In Kurope. Ho Is snld to Imvo a
u fortune of nt least 100,000,000 ilor ($'J0)
000,000.) Among other things be Is the
owner of somo twenty splendid palaces,nnd
nearly seven hundred blood hones.
It is now announced that nil chloro
form robberies are shams. Tho doctors
tay that tho attempt to administer the
iUul; to sleeping persons invariably awaK-
ein them, mid that all who allego chloro
forming us an excuse lor being rebbed of
other people's money may bo sot down as
baring In tho robbery. At this rate what
Is to become of genteel swindling?" The
Of .lohnStunrt .Mill the London Timr re
cently enld i "-Mr. Mill was born to excite
hope and disappoint expectation. He is
always gay and always abortive. NN lib
nevcr-faillng freshness and inexhaustible
cood-naturc, ho resumes before each audi-
enco bis old position at the beginning of
all things and inarches us triumphantly up
to a dead wall." Unllko The 'iiiict, how
ever, ho rarely butts his head ugaiust it
moro than once.
PrlncoHtsniarckis said to have made
tho following remarks to Minister Wash.
burno : "Tho civil war In Paris does not
give mo any fears as regards Prance or
Europe. Let tlio Commune go on its mad
caro:r. All tho lleds of Kurope havo met
thcro by appointment. NVhcn they will
havo run their race, the outlet will bo
barred, and happy thoto who will succeed
in making tboir cscapo." It was in keep
ing with this declaration of Hismarck
that tho Prussians fired on the fugitives
of tho Communo.
lirigham Young cebbrnted his 70th
birthday on tho 2d Inst., by a royal repast,
in tho Lion house, at which wore elghty
sovon men, women nnd children, nil near
relations or connections of hi- family
His private secretary rend mi address,
which closed with tho wish : ".May vou
llvo till tho rulers of evorv nation on earth
shnll acknowledge tho wisdom of (lod in
your administration, seek unto you for
counsel, and rccognlzo you, as you truly
arc, tho triend of God and man!"
Nalhnniol Hawthorne said thatono of
tho most tcrriblo consequences of the wur
would bo tho contcntcdncss of tho Ameri
can people with one bullet-headed general,
as prcsid.'int, nftor another, for .the next
Hob Toombs, of (Jeorgin, who says
what he thinks much more boldly than .letl"
J).ivis, is to bu called beloro tho Congres
sional uuti-ku-klux' coinmittco to give his
testimony as to tho condition of tho south,
AVo hope Toombs will respond, for ho inny
bo enable to let us know what Is hi
ground for tho faith that Is in liiin that
thu southern people want another war
lie talked war enough to revolutionize tho
western hemisphere to our correspondent
recently, and wo aro curious to see what
ho will say to tho congressional comuiittoo
on that head. Hue-York Herald.
letf-llou. Ibjii. H. Hill's presence at the
dinner given by Oov. Hullock to senutor
(.'anieron and utliei northern republicans, a
few nights since, at Atlanta, has furnished
the Macon ((in.) Trleyrujintml Me.ixetiycr
a ttnrtliiig verification that tliuos cliango
and men change with them, ami it says:
"I'eilmpt tliu gulf that now intervenes be
tween tn ,)(.0pi r UiU ua a,,d that
pence and accord su much needed, might
not now l, so deep acd wldu had fewer
bitter words been spoken on both sides.'
1IONV VALLANIM. SfiH AM
TO Ills DK.VTII.
lIKKOliK IT IIACI-.SKII TIIKI'ISIOI.SKVni
IKAIt IOM.KII' s MISTAKKS-A -.111.
IIKN I I. AMI.
After taking supper, lie procured from
tlie landlord ol the liutnl a bit of muslin
cloth, perhaps a foot square, fur the pur
pose of testing to his own sntur.iciion thu
question us to whether a shot tired from a
pistol in clo.o proximity to it would or
would not leave a mark of powder upon it.
Having provided hlmselt' with this.aud put
bis pistol in his pocket, ho and Mr. Mil
liken amlAlr. Hiimo wont oul together le
mo euge 01 town beyond the residence of
governor .uoiiuriicy. Arriving there,
they were joined by Mr. Mellurnoy, mid
the trio became a quartette.
Which he took with him for this purpose
is h now revolver which ho had purchased
only a few days before coining to Leban
on. It is olio ol bmitli iV Wesson's man
ufactiire, with a four-inch barrel, nnd llvo
chanibiM, and carries it ball of If.'-lOO of
an inch caliber. It is a beautiful weapon,
handsomely, tllouch not olaliorntrilv nm..
imuited, mul its owner littlu thornli'i. u him
so recently purchasing It, that it would so
soon no mo instrument of his untimely
now TIIK a eel i)i;sT cam k aiioht.
Two shots woro tired into thu idnth. I
all wero sutlsllcd with the rosu tof th m
porlmont, and started buck to tho hotel.
nr. .iiiiiiKoiijOvercantiouanud thouu'ht
fill, said ;
"Val., tliore aro throe shots In your pis.
tol yet. Vou had bolter discharge them.'
"What for V" responded Mr. Vnllandlg
"To provent any aucident," replied the
cautious attorney . "lou might shoot
"No danger of' that," replied Mr. Val
lunuignam. "I have carried and prac
ticod with pistols too long to bo afraid to
Intuit i. himlnil nnn In mv tmit-nt O
"You had bettor bo carcftil. thoinrh.'
"Never fear mo," was tho reply.
ii;ui iuiii lliu, ivua lliu
They then slowly walked
lliu town, and, before they hud
the hotel, separated,
Arriving at thu Inbiuon In use alone
.Mr. Yallaudliilmm was stopped on his wav
up stairs by tho landlord, and a packago
Unit had been lea for him In Ills tihsonco
placed in his hands. That parcel con
tained another revolver a weapon that
had been uvlilblted ut tho trial III court,
and was not only unloaded, but had
thu climiiburs removed. Proceeding to
hU room, ho unwrapped tlio parcel, and at
the Aamo time taking his own weapon
from his pocket, laid tho two murderous
Instruments on, tho tablo, sldo by sulo.
A moment' lator, Jlr. Hcott Uytnmos.n
young lawyor connected with tlio prose
cution of thocaso, passed tho door.
"Symmcs," said be, "Kollott Is mistaken.
A man could easily shoot himself as My.
ers was shot. Como In mid I will show
how it's done.'
Thus Invited, fJymmcs entered tho room,
but n moment lator, seeing Judgo Popo
coining up stairs, oxcuscd lilinsoll' on tlio
ground that ho was going to Hamilton in
the morning, and wished to too thu Judgo
before ho left. Ho passed out and a mln
uto or so afterward Mr, McKurnoy camo
into tho room. -Mr. Vnllnndlghnm still
standing by the table on which tho pistols
'"I'll show you how Tom Myors shot
himself. Follotl's mistaken when ho
says it can't bo done." Saying this ho
took up ono of tho murderous instruments
in his hands, put it into his pantaloons
pocket and slowly drawing it out again,
cocking It as ho drew It forth, ho attempt
ed to place it in tho exact position which
ho bolioved Myers' weapon to havo as
sumed at tho iiiomcint thu fatal bullet was
sped on Its mlstlou of death. Tho muzzlo
3t the weapon still within the lappet or
the pocket, ho brought it to an tincdo of
about lortv-llvo degrees.
"There, that s tlio way Myers held it.
only he was getting up, not standing erect."
Saying this, he touched tho trigger.
A sudden Hash tho hall surprcssed
sound of a shot und Clcmout L. Vullaii
dighaui, with an expression of agony, ex
claimed, "My (lod, I'vo shot myself, and
reoleii towaru tno wail n wounueu unit uy
Ing mat. wounded nnd dying by his own
TIIK (MEAT DEAD MAN.
A lllIIEf SKK1CII OK HIS I. IKK.
He camo of a lluuuonot family, nnd was
born in New Lisbon, Columbiana county,
Ohio, in 1822. Ho received a good educa
tion; spout one year in jcuerson uoncgo,
in Ohio; spent two years as principal of
an academy at Snow Hill, Maryland; re
turned to Ohio iu 1810; ttudied law, and
was admitted to tho bar in IHI'J ; was
elected to tho stato legislature In 1 8 1 " nnd
1M1U; was editor of tho Dayton Kmmre
from 1847 to 1849; fur somo" years subse
quent to that date he devoted himself
wholly to his proieislon anu polities; was
a member of thu "national democratic
convention' held at Cincinnati iu 1850 :
ran for tho thirty-tlfth congress against
L. 1). Campbell, whose scat he successfully
contested ; and ho was re-elected to the
thirty-sixth congress. At tho commence'
ment of tho second session of tlio thirty
fifth congress, and during the thirty-sixth,
he was placed on the committee on terri
tories. Kc-olected to the thirty-seventh
congress. In 1801 ho was arrested by mil
itary authority for oxprcslm: his opinions
against tho war, was banished to the south
ern states, and by way of llormiida went
to Canada. During his exile ho was nom
inated for govororof Ohio, and defeated.
He subsequently returnud, and was a del'
cento to tho "Chicai'o convention" of 180 1.
Sinco then, with the exception of tho pirt
ho took in tho New-York convention, and
the subsequent canvass, bo has devoted
himself nsslduously and nuictlv to the
practice of tho law, until the u-ceut Ohio
democratic convention, where ho succcss-
luny advocated an advanced position and
a irowaru policy lor tno uoinocrallc party.
THK STREET FILLING.
TIIK DKCLSIOK OK TIIK Sri'ltKMl'
CO HUT IN THK CASIO Ol'
FALLS V. THK CITY.
TIIK (.'ASK IIK.CIDKI) IN FAVOIl OK TIIK CITY
Stato of Illinois. Supremo Court, of Jun
unry Term, 1871. Central Grand 1)1
NV'alter Falls v. City of Cairo. Appeal
Oplnlou uf Din Court ky Mr. Justify .Slid. Ion.
This was mi action of assumpsit for
money had and received, brought to tho
April term, A. I). 1870, of tho Alexander
Circuit Court by appellant ngainst appel
lee, to recover back certain moneys paid
in 1808 ns snocinl assessments upon ap
pellant's lots in tho said city of Cairo.
In tho year of 1807 tho city of Cairo.
through tho City Council, ordered Wash
ington uveniio and Poplar ttreet, two
streets of tho city, to bo graded and tilled.
To defray tlio oxpenses of these improve
ments a special assessment was laid upon
tho lots fronting, bounding or nbutting on
said streets. Tho appellant owned two lots
assessed iu his namo, which run through
from Poplar street to NVashlnctoniiveiiuc,
and wero assessed for the filling of both
streets, unit lour other tots treating on
YVnshincton avenue, anu assessed lor tlio
tilling of said avenue. Tho assessments
wore inado by tlio Hoard of Public Works.
confirmed by tho City Council, nnd war
rant'. Issued to tho collector ot city taxes
directing tho collection thoreof. Tlio
amounts nsnes.scd upon appellant's lots
were not paid within tliotimo fixed by tho
Citv Council, and alter publishing bis lots
us delinquent, n judgment ngainst each of
them wns rendered in tno sjounty court
of Alexander county. After the rendition
of the-ii judgments mid tho issuing of pre
cepts to sell said lots, tho( appellant paid
lliu lllllOlllll lts.SU.S8CU lipOll 1119 SIX IUIS,
jimouutiug in the aggregato to $l,C02.(ili.
Tho city then abandoned tho collection of
the assessments in which woro included nj
pollants lots, and for tho tllll ng of Poplar
street and NVashington avenue, and uftor
applying tno amounts collected by vlrtuo
in mu special iisHcssnicnts, to tin
for the nllinc nr.il i.rinllfii. nf ciitil Rtrnntt
Issued tho bunds of tho city in payment
iu. mu uiuiiuue, mm an property, real anu
personal, in tho city, is tnxod to pay tho
interest on tlie.u bonds, us well tho lots
of appellant, upon which ho has paid his
assessment, us other properly. To rocovor
hack this amount with Interest from dato
of payment, tlio appellant brought this
suit, mid ho insists upon tho following
points, upon which hu basis his right to
1st. The assessments woro illegal, un
constitutional and void.
3d. Thu payment of tho assessments by
appellant was compulsory.
lid. To retain thu monoy paid after un
abandonment of tlio assessments would bo
in violation of tho constitution, and con
trary to equity and good conscience.
4th. Tho conhlduratlon for which tho
money was paid has wholly failed.
liy reference to section' 0, nrticlo 0, of
the Charter of Cairo, private laws 1807,
vol. 1, page OS'.', vU find the City Council
is empowored to cause nnv street to bo
filled and graded, "und to" assess nnd col
lect the oxpeiiBo nnd cost of tho same,
together with tho exponsu of collection,
from the real property benefited thereby, to
tho oxtunt of tho benefit so conferred bv
such Improvement, tho balanco of the
cost f such improvement to bo paid out
I ,., ,i, f..,..Hn,,n..,n... r..l ...l.l .
of thu improvement fisad. said assessment
and collection to bo made, as tlio City
Council may by ordlnanco direct."
To carry into ctl'ect this provision of the
charter, an ordinance was passed by
the City Council. Section 8 of this ordi
nance provides" Aftor said contract hag
bcou awardod or said material furnished
and work performed by tho city, tho Hoard
of Public Works shall Immodlatolv pro
ceed to make an assessment of the proper
proportions of tho expense and cost of such
improvement upon each lot or part of lot
fronting, bounding or abutting upon tho
street, nvenue or highway or portion
of street, avenue or highway filled
assessing to each lot or portion of lot tho
peciat ueneiu couicrrcu ly ttucu improve-
ment upon such lot or portion of lot dm
total amount of inch special bonnllt. lmv.
over, not to oxcood tho total cost of such
Improvement or proposed liiinrovnmnti'
Thosamo section imposes upon tho Hoard
of Public Works tho duty of oxamlnlng
tho locality whoro tho proposed Improve
ment is to bo made, ns well n nil ilT,. ii.
or parts of lots that will be specially beno
Admitting those nssossmonls to lmvo
been lllogal, unconstitutional and void,
becauso tho making of tho assessments
was confined to tho narlleulnr n potior v
front! lie unon tho nirnnt ivlllntl mtnM l.
spec ally benefitted, it was notoxtondod to
all tho property which might bo so bono
fittid. After having pnld them, under tho
circumstances In this case, it tho appeal-
I..... ....! 1 1 - .1 ... . ' . ...
...I. uiuiwuu iu recover ino money uncle on
thu u'round of tho imvmont hnvlm. harm
compulsory and not a voluntary ono? Tho
precept which was In tho hands of tho of
ficer nt tho tlmo thoso assessments woro
paid, did not nuthorlr.o him to levy upon
tho goods and chattlos of tho appoallanl.
but directed him merely to make salo of
tho lots to satisfy tho assessments. In
Hradford v. tho city of Chlcano. 25 111. 411.
it k'as hold that tho payment of an assess-
mont mado to a collector of taxes, whilst
having in his hands a warrant to levy and
collect tho amount of the assessment, of
eoods mid chatties of tho owner, might bo
considered compulsory, and mado under
such circumstances ns would authorizo tho
party paying tho monoy to rccovor back
tho same, if tlio assessment was illegally
Hut it was decided in Stover v.
Mitchell, 45 III.. that a low of an
execution upon ones land did not make a
enso of such duress or compulsion that a
payment made io prevent tho sulo or tlio
land undor tho execution could be recov
ered back as n compulsory payment. It
wns nciu io oo a voiunmry payment mid
not ono mado under duress, and it is thcro
said, "It is insisted thnt the lovy of tho
execution on ntovor s land was tho oxer
ciio of such compulsion nt to intcrfero
with Mover s freedom of nctton. No caie
is cited going to this oxtent, nnd wo ven
ture to say nono can bo found. In older
torenderijuch a payment compulsory, such
n pressure must bo brought to bear upon
tlio person paying us to intoifcro In somo
way with the tree enjoyment ot his right
of person or proporty," citing Hradford v.
tlie City of Chicago, supra, and Klston v.
City ot unicago, w ins., oi i.
There was hero no tnterierenco with the
plaintiffs fico enjoyment of bis property,
and there would not havo been, by
making the salo of it under thu pre
cept. Such sulo would not have dis
turbed liis possession of the property
he would then lmvo had two years to re
deem from tho salo, nnd if at thu end of
that time the purchaser had obtained his
tux deed and brought his action of eject
ment lor the recovery ol tho possession,
the Illegality of the assessments could havo
ueon shown in delense nnd tlio recovery
of tho possession defeated. Or had tho
plalntitl desired toremovouny cloud which
might be brought upon his title by such n
salo, ho could havo had his remedy for
It is very unllko tho case of tho pay
ment of money made to avoid tho sei.ure
of goods, or to gnlnt ie poiECislon of them,
wncro tnero may oo a pressing necessity
for their itntnedinto use, and bo.ing of u
movable and perishable chnractcr. unv
legal remedy muht be inadcuuato for full
protection. Tho reasons ujxjn which it U
held, that whoro a party Is compelled by
duress of his person or goods to pay money
for which he is not liable, tho payment is
not voluntary but compulsory, aud that
ho may rescuo himself from such
duress by payment of tho money und
afterwards on proof of tho fact recover
it back, do not apply to tho enso of real
estate threatened with Mich action as In
tho present case. And wo think tho no v.
ment of these assessments was not made
under such circumstances of constraint and
compulsion as to except it from tho oper
ntion of tho legal principle, that
if n party with full knowledgo
or nil tho tacts or tho ense, voluntarily
pays money In satisfaction or
discharge of a demand unjustly mado on
him, he can not afterwards recover back
As to tho third point, tho reason does
not appear why the collection of the other
assessments was abandoned. If thoy were
illegal and void as claimed, w may pre
sume it to havo been becauso they wire not
paid voluntaiily, nnd tlio city could not
enforce, tho collection.
Hut tho improvement was not aban
doned; it was completed, and the money
paid by tlie plalntitl' was not retained by
the city, but it was applied towards the
expehsu of the Improvement.
Thu plniutill' has but paid the amount
of thu special benefit which his property
derived from tho improvement.
It was equitable that ho should do so;
thu circumstance Hint others fniled to
make payments for their special benefit',
docs not vary tho case. It does not ap
pear to us, to bo contrary to equity and
good concienco for tho city to "retain
this money, and apply it in relief of tho
general proporty owners from tho pay
ment for u special benefit conferred upon
tho plain till' alone.
As to the consideration for the pay-
ment having wholly failed, tho Improve
ment having ucen inauo, it is to ho con
siuorcu tnai mo piaintiu mis received a
full equivalent or compensation for tho
monoy paid, in tho enhanced valuo which
ills property has derived from the Im
provement. (Canal Trustees, rt, a.. is.
tho city of Chicago, PJ, 111. 403, Sharp vs.
rjpoir 4, lliu m.)
Iu Bradford r.i. thu City of Chicago,
tujira; tho cases of tho Hank ot Now
Orleans vs. tho city of Now Orleans, 12,
Louisiana, 11.421; tho city of Louisville
vs. Zanono, 1 Mot. (Ky.) 151 ; and Walker
vs. city ofbt. Lotus, were citod, which de
cide that whoro an illeinil special assess
mont for special benefits has boon volunta
rily paid it is not recoverable back, on tho
ground that a consideration was received
for tho monoy paid, iu the special bonofit
conferred by tho improvement, nnd ono so
bonctiltod was not in good conscience en
titled to rccovor back again tho money
Tho caso of Hradford vs. tho city ot
Chicaco, supra. Is distinguished from thu
prcsont one, not only by tho fact that
there the collector had in his bauds a war
rant against tlio goods and chattlos of tho
plaintlll' at tho time tho payment wns
made, but the contemplated Improvement
was not made, but was abandoned ; so thnt
tho cousidaratlon tor tho paymont had
Tho Judgment of tho Court below hav
lug been for tho defendant. It must la
ntilrmcd. Judgment affirmed.
Plate of Illinois, Btiiremo Court, Central Gram!
I, William A. Turnoy, Clerk of said Su
prino Court, do hereby certify that tlio
focgolng Is a true copy of tlio opinion of
said Court iu said causo ns tho samo an
pears of record In my office.
In testimony whoreof I liorcunto
I.. s.J set my hand and affix tho seal of
en til r'.ni.l ..iU f) i ....
mm vuuri, iii npnngnciu, this 1 ltd
day of Juno, A. D., 1871.
NVM, A. TUItNKY.
Clerk, Supremo Court.
MV KltlEND. StOD that tnrrlliln ,,,.l.
and thus nvold a consumptive's, grave by
using Dr. Pierse's Colden Modical Discov
ery. Forcuring ull throat, bronchial aud
'"''g dls'iises it has nover been cqualod.
hold by druggist. 500.
eoTTho Chrlslaln county Democrat status
that harvesting hat coramoncod in many
parts of that county. The wheat promises
to "pan out" only a moderate crop.
VT. II. MORK1H, It. It, l.'ANDKK
Notary Public, No. Pub. nnd V. H, Com.
FIHK, HULL, CAHOO, LIVK STOCK,
NORTH AMKIUCA, HA.,
A!.. 2.M4.2IO 11
INTKUNATIONAL, N. v.,
A ncI .....,.
4'tl .M'i, :i
AMKItlCAN CKNTItAI, MO.,
roN.VKCIRTT MUTUAL MI'K,
TIlAVKLKIl's, II AKTKOHD, M YV,
Atets- l.Vti.lsn ki
RAILWAY I'ASSK.SOKRS' ASUKANOK.
ft - Vn.ltil 00
As.fls nrsi.m fjj
SAFFOKI), MOIMIS k CAN'DF.K,
71 Stlilo l.riss,
City .N.lUmal llnnV,
Yihe and .ma kink
MA'IARA, N. Y.,
(IKRMANIA, V. V.,
HANOVKR, N, Y.,
Asl "Ji:,N.i in
KEI'IJHMi;, N. Y.,
AmoIii 7M.W I'l
('oMirlinK In' tlinlsrwrllfrt' Agsn''y.
YOSKKIIM, N. Y.,
AMft K7S.IM I
A'Sflt .V1,ll1 M
KIRKMFN'h KU.tD, f, V,
A "l is Ur'.l'al KI
hKCUltlTY, N. Y. MIHINK,
OTORi:, Illlinif. KilfDllurf. Hull. hii.I Car
fj i lu-uri-l M mli't nt fatumMi lit nuiliiil
H.nnanini -eenruv vt ill HHrrsiil.
I rosfiwlliilly i,r Un- i iIimmih or Ciro,
Imrrdt Ihrir iiulninnje.
I'. .. lit till l.t,
If Olfiff at First .N.illonnl D'nV
It. S. IIAItHKLL,
DEALER IN FURNITUR10
HOUSE FUUNLSHINO (iOOI)S,
HA It FIXTITUKS,
185 & 187 Commercial Avenue
IN MAX LINK.
Litcrpool, NpwYurk nnJ I'hll.nlilplila
cuiiin coiTntrr with CMTrn tTtxrt tMiniinm
For CarrylnK tho Mailt.
FOR PASSAOl-: TICKKT.S
Ml ll'KTIII'.U IN) UKM ATION
APPLY TO JOHN O. DALK, Aot.,
I''l llrnadway, New York, or In
II . II II i ( ,
210 WnihliiKton Aeaue, C.ilro, lllinol-.
FOU SALK, KjjrSale KOK SALK,
f d'nr Ho In
.) KorUHletFOK SALK.
Faro from Livkiii-ool,
Faro from Lokdoxdkkky,
Faro from (Ilasoow,
Faro from Qukk.vstow.v
TO OAIKO, :::::::; $48.:
Snlforit, Morris A Candee, Agenls.
I'ARKER & BLAKR,
WHITE LEAD, ZINC, OILS,
WINDOW (1LASS and PUTTY,
D5 OHIO LEVEE,
1 IAL L1DAY BROTJ I ERS,
l'Ulf,YAIU-U"t ,MII V.U.M.1I IOOIV.1
n i:im'ii a NTs,
DEALER'S IN KLOTR ;
And Aiient- of
Ohio itlvvr nnil linnnnlin
SALT GOvCI3 A 3rXTI2PI
70 Ohio Lkvkr,
" i N T K 1 1 EST- P AYi'n ( J " P I, A N.
A new and novi-l tnn of l,if ln-urD-r i
'i'iill v inlriMliirril l.v II. c
l I Wl II 11 I tl I MM 'II II L'l.
I Tin t t v a m
Ill II H 117 U II I HIM . II III I' I
OF MT. MIl'IN.
I'.V till nr.tun. I.lln InmimnCM it rnrnl.lir..! a
at lillli-ri,.i hi, ,r ,r utual tilan. anil lhn Xil
tier r.nt. niirin &II II... tiimi .-l.l l.v l.n.i in .1..
mm at inucn at a ((owrnm'lil ijouij
TIim t.lat. l.r.- Imii I l.ft.iiiil.l v n
fully Inilort..! bv thu mntt ffnlnniil iulllrl.-
aml tkhtfiit liiatheintli'lant in lli Uml ) inlf.
inniiou tumny reiti'iaiiii iuarirr
Oltlrn uf llif C'lmpanr,
.NOIITIIWOT COIlNKIt lOUIlTII ANDOI.IVK
ST. LOUIS, .NIO.
Hp.NJ. WILLIAM", Sfcrrtarij.
jvLXfcjtsu u xcx avi. u -a.' u u. ji
IU.I.L- iiiuti in nut iii in -iiiinii. inriiiv rivi
It hit ninrl-ranilal SlJi.l.O.
it inn. a.if m inni man fiifiiin lurriifr inn
llabillll. t in aililitlnj In Hi- ( Hiiiial.
u I .1 ..ui..i-..r I ......i.i .. . A r..u.liiu
aiili loitt irfihw liol.lfri.
II li.i.ciiniplii-.J fully wllh lliu li lav-nl II
.mi-. wiurn.ru iiuni i.i.zuiiuiriiiiii ill or. ritii.
I) mforvnl Ihan ihotHcf fji.ti ru wttle
It iolrnlH lli. funJn lutlii- WpkI, iii-iok ll
irnii. friuii wlminthry nrr- rieunl.
lit iiiiiinKr-Mii nl i uxoroii", tkillfnl ami ( I' '
II- nnmul Inromn finin Hip lntrrr-t alun
nlrftijy mniii Until rullivlPiil Iu ay Hi lo--f.
ii i..,,... . ..n...... .1... ..i'...;.. i , r.. .... l . ,
ilni. fii-nt tilnri- nt 111., .nlnii I.T. A fitrifr nr.
niril tl f t nlrinl-.
run. oi lliiftml on uii-ir ctiuui, liV uic iriui.
i . . ..
IuVii rrr M-r'Uftlili In i.l
'I'l.u i. I.f HI n..l. ... .1 li.! .An. ..I.il li.
iiiiiiioii uoiiart inr i.iih niniirnnc.
VLl. -...1 .....nl. ..... l .1. c...
nuay In NrH York nil I New Knplnri.l for kii mi lie
lliilinny iw irouuinl )tlrl hi clu :ii nor more -
in iiuiiih r
WOOI A- I.MV,
akr.dL.Htl AkciiIh nt Cairo
ici: jki:am nai.oo.v.
iri. rnn.AAr ATnnv
C ) M M K ItC I A L A V K N U K,
HrlH ! Niiil'iitli mul i:iiclilrut
riVIK HU.OON hat hwii liiunNouiply titlr I u
. . " Ml ..." nj - n.,.., inn u. t
To l.o fuiinil an)Hli(T( In Ihociiy,
KAMI l.I KS OH PAKTIKS SHPPLIK
ON SHOUT 'NOTICE.
uo'ilin nairnnnifd or thn nulil r l tcaiKiniriil
IIOOTN AMI NIIOKS.
HOOT AND SHOK MA ICE It,
tlrtnern Wattiingtun Arnua iiii.I I'DpUr Stiet
llools nnd HUne Made to Order.
I'iliP Workmen Kmploycd.
CITY SHOE STORE
JiOUr SKIlvJ FACTO tv
to li aoency run
BOOTS AND S II O E S
Cuiuuicri'lnlJAveiiiie, Comer ol' Klalil
PAHTIL'ULAK Al lltnilUn 1'Alll IU AI.I. II
DER3 fOR ItOOfSKIttTU AMD 8H0EH,