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SPORTING NEWS. ' Tho Fistic Encounter Between AH? amt Hooke. Thomas Explains Why Ho Ddont of Victory. Principally Because Re Tt.ixis the Detlcr Y i. O’Leary Begins ■ .ol nor Walk Again'' ,00 Mi'' •• In 156 He Expects to " RING. 1i ItOOKB. r >■ h lo The Vi icaqoTtWiu. Br. Lot. . •lii.—lbo Ulobc ofdilsmorning contains tho i. ..owing in reference to the forth coming mill between Hooke and Allen i A night or two Rlnco the apbrtlng reporter of tbo Olobc mid a gentleman having the appear ance of a limk PreslJont were ecatod together nt a table in a rear room of “The Champion’s fleet. ’’ From the aurromidingii, it was evidently the hotco of a pugilist. A steel engraving of Joe Gone, in ring costume and fighting attitude. ttM hanging from a peg, flanked on one aide by the All Kuglnud Klomi at tho Oral, and on the other by an excellent portrait of the proprietor hinifolr. Behind tho bar were several gold headed canco, a massive silver goblet, and a mammoth gold belt, proclaiming for itsolf that mo owner was Champion of America. . Ho it was who converted with tUcrcoorter. Few would suspect that tho perso-mge at tired in a ycrlcclly fitting black coat ami vest, lavender pantaloon* and pilk bat, neat nccklio, antf immaculate linen, was none other than Torn Alien, tuo fa roou i knight of tho lives. On tbo little linger of his loft “duke" synvkled a valuable diamond. Tho broken noso ami scarred features alua\a coupled with a pugilist's appearance wore miss inp. thus denoting that science had kept tbs face well protected iu he numerous battles. Tom is not only a magnificent specimen of physical man hood, but is handsome, otherwise. The reporter bad called to Interview him io re gard to tlio approaching “ mill" with Hooke, and have a chat on ring matters generally. Did ho oblccl? “ Nut in the leant.” Tbo reply being courteous, the conditions of llio baltlo ivoto first discussed, and it was ascer tained that tho light comes off on thelTthof Jun>», within 50 miles of Pittsburg, and is for (•1,500 a side. ‘•WHAT GAVE RISE TO THE MATCH?” “Von nvo,” fluid tho champion, “Booko chal lenged mo in tho Now Voik papers, and then went around giving exhibitions and announcing on Ills bills that ho would light Tom Allen. Ho also stated that I challenged Joe Coburn be cause I know ho would not llsht me. His origi nal challenge was fur *2,500'n side, ami 1 got to hear of it through Arthur Chambers. Although 1 had determined to quit the ring, thin bluster annoyed me, mid 1 authorized Arthur to cover tho deposit. They mot at Harry Hill's, in Now Yont, on tho 16th of February, when Booko wanted to reduce tho stakes to SI,OOO a side. We wouldn't accommodate him at this, but finally compromised at $1,500. 1 blamed Chambers for giving Booko bin own way in every thing olec, but Arthur said not to lot tho bloke out of it. “Will thoro bo any excursion?” “No. Booko wanted ono, but I wouldn’t have it unless ail tbo money went to tbo winner.” “Who is this Booko, any ijow “He is of> Irish descent, and, like myself, was born in Birmingham. We woro boys together. Ho is about 81 years of ago, ono year older than myself. He is pretty clover * ith tbo gloves, but. blens your soul, gloves is nothing to go bv. Ho can’t light above 140. !ot them fatten mm as they please. He has never licked any first-clans man. Why, Collimi, tho Cast-Iron Man, and Rocky Moom, both novices, beat him. Jack Madden whipped Collins in ten minutes oror the river.” “ How long will it l*ko you to uho him up ?" “IwhallJlck him .in ten or ilftocn minutes. I’maeqlovcr dh ho in, aud it stands to icason that ft ia&u 43 poauda lighter than mo, with icua •deuce, muut cry enough. I shall go at him like ft bloody Turk, and tight him iu tho middle of tho ring. Bet you a boUio of uluo ho won't Lave hie hands up two bccoihlh uii I’m at bint. He'a uo narrow, you boo, that a thump iu the ribs will mako him Hick. I'U hit him whoro I nit Hogan. It makes thorn tremble all over. If you lilt a man below the bolt it don’t hurt him at all, but just above it is tho npot, especially for a narrow man, I'm so thick ho cau't hurt roe, and I know his every move. It taken an oxtraordinaiy small man to neat ablirgerouo, especially at my weight, .overt if ho dou’t know much,” “What do you suppose induced Booko to mole tbo match?’’ “They bad it In Now York that I was as fat as a prize bog, and couldn’t got m condition, lie thought to got away with his bluff, and on the strength of it made a big stake by his sparring exhibitions. If I get him in the ring he’s got to light, oven -if it's tor fun, only. X won't have my trouble for nothiug, 1 ’ “As usual, you ore tbs picture of health, now no vou -feel ?” “ Never was.bolter in my life. I’m as hard as door-nailH. Have reduced myself by preliminary oxcrciuo from 225 to IDO pounds already, and will light at about 170 pounds. 1 haven’t had a olck dav since I come to Bt. Louis, eight yours ago, end could lick a wholo street full of such men now, as I could then. 1 consider myself young er to-day than I was then. You boo i was a wild young fellow iu those days, but have boon very steady since my marriage. Never drank any thing but beer slid ale iu my life. Keep good hours, aud naturally am iu splendid condition. Feel them muscle*, 1 ’ said Alien, straightening out his leg. i Tbo thigh and calf wore assuredly as bard as metal, causing the nowsjiapor man to wonder where the other twenty pounds of superfluous flesh were to come from. “When do you leave for Pittsburg ?” contin ued tbo reporter. ** Ou Sunday night, and I go into training at McKee’s Bocks, six miles below there, at ouoo. That’s my old training grounds. Johnny Nowell, of I’itthburg, and Young Donnelly will look alter mo. Bam French’s, 61 Tenth street, will be my headquarters iu Pittsburg." “ Who will second von ?" “ Barney Aaron aud Ownoy Oeoghan. I under stand Joo Coburu and Butt P.iloy are to esuolro Hooke.’’ ’ “ Is all tbo money up, and who is final stake holder ? ’’ “Not only *1,001) a vide has yet been posted. Tbo other OM CO in to be put up at Harry Hill’s on the Ist of Juno, when tho choice for place of fighting will bo loaned for. Hill la the stake bolder.' “ Bo you anticipate foul play ? " “ Not at nil. X huvo lots or friends in Fitte burg who will ace that I got a fan t-how. A num ber of my Bt. Louis friends are also going to tha flkbt. Looney and others will bo ou hat?), Ar thur Chambers, Patsv HUopbord, and a big dele gation from New York and ottiur Las tern citUs, are going. Tho mill will toko plaoo to a certain, ty, “\yill tbs authorities Interfere, think you?" “I think not. From the articles, we uau light either la Pennsylvania, Ohio, or West Virginia, each Hlato being within 60 miles of Pittsburg, After this buttle, 1 will under no circumstances whatever again enter the ring. 1 had abandoned it for good, but was abused so by Books through the press that £ could not resist tbo temptation to punish the braggart. 1 am comfortably situ ated, and want to quit tho business. No chal longca whatever will bo noticed ly me lu future and no luducomouts will bo strong enough to gut xno in tho ring again." “A pugilist must have queer feeling when time is called?" “I’m very peculiar that way, tad don’t want to bo bothered by any one. i have certain reso lutions made up In my owu mind, aud, while watching my opponent, am figuring how to carry them out." 1 The public would like to hear something re ganhug your , CAXEEtt AS A ruaiUßT from yourself.’* “ There ain't much to tell. I've fought (pro nounced ( photo ’ by ail prize-fighters) twenty one limes, and wo£ eighteen battles. I wu brought up iu Birmingham, the Irou City that has turned out more first-claae men thou all tbs reel of England. When only 17 years old 1 ran away froqv home and enlisted in the Eighth Hussars, and was oil through the lodiau roaUuy, under Gen. Havelock. Uy first ideas of the man ly art were learned in the army. Uy maiden ef fort in tbe ring was with one of tbe Thirteenth Infantry at the Puujsub Forts In India for ten fight lltuiwj.. On let- nlng to Loplaud 1 bs •amo iromlP o ’’* 1 was whipped t.viratiur* ‘•■’ft bo:ii woieoff-bantlcd matches. in England In » matth ■or niiicfi V turn I. When 22 years old, ami i >hinc 1.5' pounds. one Saturday night, I “insi -hr i t light Posh Prlco on Monday o' uhitf no 38 years old, and 10 pounds .avicr" died me! in two hours and four .•limit' * / longed battle, which lasted two minutes, was with Hal) v r '. Ulgclc. This was also an off-hand pv’ jg mado at 1 o'clock in the morning. . jcntatC. I got even with Prico lu our title, for which wo both tramod. .Joe d‘l fought a draw, which was a tough My ahertcSl light was with Gallagher, ut me to sloop in a couple of miuuUa by a co blow bu tho Jugular." Whom do you consider the most scientific iponent of tho ftstio act?" “Mace by all odd.” - M How did Sayers compare with him?" 1 “ilaco wastlioclovoroßl, but „ BAVEUS WAS ALL GAME, and was also very clever." "How did Bayers compare with yon, as to build ?" “Jk'lCa Life said thorn never were two men nut up tto nearly alike as Sayers and Alien. Whoa In condition, we were exactly of a weight, our bodicn being tho licet part of us." “ What do you think of McCoolo ?" “Ho is a game man, mid can stand a • fearful lot of puniemnont. It ain’t everybody eau lick Jliko, to-day. lie is liable to got iu on anybody, and knock him out of time. I've fought him so often 1 know every break ho mnkea, when to i;o at him, and Just when to keep out of his road. ’ “ Voti think, then, that this fight Is sure 10 come off?" “Tlioro’s hardly a doubt of it. Von bolter como on and see it. Fll sea that you are made comfoitnblo at French's, and my word for it, Hooke, having blackguardotTmo in tho match, will bo nmdo abort work of. They should have arranged tho fight ouo day lator, so wo could celebrate tho anuivorsaiy of tbo battlo of Water ing." From this point tho interview drifted into a discussion on ring matters generally, and tho ciinmniou entertained his visitor with some in teresting anecdotes of his connection with tho fistic fraternity in Europe and America. Ho re ferred to many memorable moots m Morrio England, and rehearsed mauv historical scenes of iuo Indian mutiny that occurred while ho was drawing his shilling a day as a British hussar. Toia referred to tbo first visit of himself and Bill Hy&ll, who, a couple of years Ago, throw up tho sponge to Death, to St. Louie in 18CS, wliou a mill on Bloody Island was an every-day occur rence, and no interference was feared from tho municipal authorities. Tho fatal fight between Fagan and Andy Lovo was spoken of. During tho couvorsatiou tho reporter learned that there* was not a dollar at stako when Alien and Mnco faced each other in the squared clrclo near Now Orleans, and that Harry Blade, tbo cmatour spatter, was more than a match for the clovercst professional with the gloves. Ho learned that Blade is going into business on his own account as a commission merchant In Chi cago, and that tho champion was married In Yiucouucs, lud. ALLEN EX ROUTE. Sr. Louis, May ID.—Tom Allen, tbo pugilist, left hero to-night for Pittsburg, within 50 miles of which city he la to light Ctoorgo Booko on tho 17th uf Juno. Ho will go immediate ly to McKco’s Bocks, D miles from I’lltfllurp, whore ho wilt go into active training under direction cf Johnny Nowoil ami young Donnelly. Ho has been in preliminary training hero for soma weeks past, and reduced hlmaoir from 225 to 1110 pounds. Ho expects to take off 20 more pounds of tlosh and light at 170. Barney Aaron and Ownoy (laaon will second him. It is expected tiiat Joe Coburn and some other Ltalorn Lnueor will second Booko. PEDESTRIANISM. O'lXAltV’s GRAND WALK. The boosts made by tbo friends of Daniel O'Leary that he is tho champion pedestrian of America aro apparently not vainglorious or Ill founded. O’Leary, who, loss than a year ago. waa utterly unknown in pedestrian circles, has, within a very brief time, accomplished feats which have placed him at tho very head of thoso who follow professionally tho “ hsM-and-too ” exercbm. Ho has vanquished several of well established ability, and that ho has not defeated those whoso merits aro trumpeted tbo loudest is no fault of his own. Ilia performances against timo have outrivaled Weston, and that boro of the Portland-Chicago walk resisted all efforts to bring him into a trial of Rnccd and endurance with tho Chicagoan when O Loaxy was recently in tho Bast. O'Lcaiy’s achievements while there won hltfi tho highest praise and gained him, In llio matter of walks, not of gloat distances at loan;, the right to tho title ho now claims. Ho has now underbaked a feat which, if ac complished. Will settle all questions of his en durance and outrival all petfcrmancoH of this data on record. Yesterday Qftoroooa at tbs West Side Itlnlt, comer of ilitudotph hod Ada streets, bo began the great task of vVaUtbg 000 miles is ISO consecutive noons, or in eix and one-half days. It was at first.tbo intention to begin the trial loader, but as Hut time of starting would oblige tbo walker, iu case ho holds out. to walk all day next Sunday, It wa* thought advisable to commence it yoalordar. The rink, wldch, during the winter, was Used for ekntlng, was found to bo in a horrible condition for walking. The flooring actually rested on a bod of mud add water, which bphishod up bo tween the boards at ovory atop. It was imposst* bio to undertake the task on such a course, and much time time was necessary to pronaro a half way suitable one. O’Leary and his friends, the pedestrian working as hard as anybody, wont to work, and securing a quantity of boards placed them around the clroumfarcncoor tbo track, cov ered with large quantities of sawdust and etiav lugs, and thou formed a track somewhat above tbo muddy botiora. Tuts caused a delay beyond tbo lime announced, and it was not until 4:!il that Mr. O'Leary received the word to go, and stepped ronwAnn on bis arduous undertaking. Prior to (he start, Judge Scully, J. B. Iloacb, and Philip Collin wore chosen judges, and Mr. Thomas Allcox ap pointed time-keeper, A largo crowd was in attendance, a small por tion being ladies. They were kept back from the track, ana confined to tbe limits of tho'en circling platform by a railing which had boon erected. Tbo track was surrounded on the outside by a rope supported by stakes at the four corners and at the intermediate points. This provision obliged the pedestrian to turn aharp corners. O'Leary sot out, aocomsiauiod by OPFICEU CONNOIIB, ‘ of the Sixth Police Precinct, who had agreed to 1 do SO miles with him. The ambitions peeler dropped out before the third mile was made, and thought ho started off again in the sixth will probably make 60 miles sometime next week.; It is singular that a man of such sedentary and' somnolent habits as a policeman should under take to walk at all. It in not natural for a po liceman to walk, and it was not surprising that bo was soon fagged out. O'Leary stopped out at about a gait, making bis (list mile in 1);05, His second was not so brisk, taking just 'J minutes more. Ho struck a terrlflo gait in - tho third, walking at a good 7-milo r»(o. Iu this and several subsequent miles bo was accompanied by an ambitious young man named Jack Stearns, and tbo way O'Leary shook him up was a cau tion. Ho often led him half tho length of the rink, when ho would ease up a little, and let tho lad catch up, aud then he would brook aw ay from him again. nis condition, tin o in ,M,m (° bo In the very best condl- V°. Q ;, , IJ o has not been in very special training for tuts ev«n( but, bv reason of his Kastern per formances, ti r kept himself lu perfect trim. no walks with a light, o»»y, and graceful step. His golt Is not long or swinging, but ho has a short, quick bin-step, which gets him over tho ground very fast. £q stylo, Co resembles the late James Smith, though his stride is shorter being generally but about 9 feet 0. Ho carried his arms high, with tho elbows thrown far back, and head erect to give his lungs the greatest ex pans ou. l e walked bis 10 miles lu one hour ond thirty-six minutes without a atop, aud with out starling the perspiration. He will not stop, except for an occasional instant to sit) a lutlo beof-teo, until Ids first 60 miles are accom plistiod. g.U 1:80 O’Lesry had accomplished 60 miles 8 hours, 68 minutes, and 28 seconds. THE TURF. TQS LOUISVILLE HACKS. Lodidvilu:, May 10.—An oxtia race has been arranged for at the opening day of the Jockey Club topiaorrow, for which sixteen homos wore promptly registered sod will start. Forty-Uuco aorses wid run during tbe races, being a larger number thau over before started on onu day. TUB rUKMOU luces. *ni , y 18 -—The spring mooting at Chan tilly began to-day. The race for tho prize of Diana resulted in a dead heat between Tyrollenne and Almanza, with Contlauco third. A deciding heat was run, an* wm by Tyrollenne. THE CHICAGO TKIUUJNKs MONDAY. MAT 17, 1875, UNION PACIFIC RAILROAD. Where lb tho Knslern Terminus of tlio Lino ? The United Elites Circuit Court, at Doe Heines, Decides in Favor Of Conncil Bluffs. The Mlssonrl-Blrcr Bridge Declared to lie n Tort of the Line of the Bond. And tho Company Ordered to Operate Its Whole Bead as One Continuous Line, Tho Opinion as Delivered by Judg-o Billon. BpeH/it Corrftrendtnet of The Chin tow Tribune, Ces Moines, la., May 18.—Judge Dillon this morning delivered the opinion in the case of tho United States, ox rol. Hill cl al., vs. The Union Paoitio llallroad Company, to a crowded court room. I eend too head-notes and opinion, omit ting the Bt&tomont of tbo eaao. HEAD NOTES. 1. Thochsrlorof the Union Pacific Railroad Com pany (12 Btatutosat Largo, 43'J,,80c. ia,)roquirod Its "lowa Branch to bo constructed wostwaid from a point on the western boundary of tho Suto of lowa to bo fixed by tho President of tho United Slates." Hold, on a consideration of various provisions of tbo charter, that tho east ern tfiminus of said branch was on tho lowa shore of tho Missouri Hirer,—not on tho Ne braska chore, nor at a point 11 on the middle of tho mniu channel" of tho rivor, although that was tho legal western boundary of the State of lowa. 2. Tho right to erect a bridge across tho Mis aouri to the eastern terminus of tholuwa branch on tho lowa shore, was given to tho Union Pa cific Railroad Company, by implication, In tho original charter of the Company, and was ex pressly conferred by tho Olh section of tho amomlod charter of the Company, of July 2,1601 (18 Statutes atLargo, 350) \ the powers given and the duties imposed by these acta in respect to privileges wore recognized, Increased, and reg ulated, but not repealed, by tho special act of Feb. 24,1371, entitled “ Au act to authorize the Union Pacific Italhoad Company to issue bonds to construct a bridge across the Missouri llivor at Omaha, Nob., and Council Bluffs, la. (10 Stat utes at Large, 431). 9. This last-named set, construed in connec tion with the other legislation of Congress, and held not to chance the eastern terminus of tho lowa branch of tho Union Pacliio Itailroad Com pany from tho lowa shore of tho Missouri llivor, nor to disoonuect the bridge from tbs road of tho Company, so as to relieve tbo Company from the duly imposed by its charter, and other acta of Congress, to operate its whole railroad os “ ono continuous lino." 4. A peremptory nmndarani to compel tho Union Pacific Railroad Company to operate its road over tho bridge in tbo sarao general man ner that it operates tho other portions of tho road, was granted ; and the devise of a separate transfer over dm bridge by local trains bold to bo in violation of tho duly of the Company to tbo public. 5. Amen dments In form and substance may bo allowed in mandamus proceedings in any step thereof where Justice will thereby be pro moted: in this capo, tho alternative writ was amended by leavo of Court, by fltriklng out pare of its mandate, and tbo peremtory writ, Instead of being doniod, hocanso tho alternative writ was too broad, was ordeied to bo Issued in con formity to tho alternative mlt os amended. OPINION OF THE COURT, Pilhn, Circuit Judge. lu u controversy which has excited Intense local feel li»»i and on-) involving such Urge Interests. aud to wuk-U co much attention hut been drawn on tbe part of the publuiaud of Oougruae, end which has been so freely uigucd at the Bar, tho Court would be Justified lu eluting with more than usual fullness tho grounds uf its Judgment. But, as 1U determination Is not final, and aa it la understood that the unsuccessful nar , ty. whichever it may bo, will carry tho order here made for revision to tho Supreme Court, It la notour pur pose liidi.-cner the case with that degree of elabora tion wo should olherwlto do. aud which Us Inliitulo Imporuuco would well warrant, no now Proceed to uotlcu tho material questions In* TOlvod In the application for the peremptory writ. If tho road which tho respondent Is bound to operate bos Its terminus on (he western shore of the Missouri Riv* er, m.Ui counsel have contended; lu other words, if, under tho oats of Congress applicable to tho re spondent. it .was not authorized to build the road it la required to operate to the lowa ahoroof tho river,—lt may bo conceded that the result would be, that the relator* would not be entitled to tho wilt they teak. Wnat point, therefore, does the charter of the Company flx.ee the commencement of what is therein termed “tiro.lowa branch r ’f This question is answered by the following Juunqaro in tho act of l(Ki: “ Tho said Hulun faciiio HuUroad Com* His hereby authorized and required to construct a o line of railroad and telegraph from a pOlLfon the western boundary of tho State of lows to be fixed by the President of the Doited States.” In thfe’Bxecu-t live order of Mot. 17,16flJ,and MarokT; 181)1, President. Lincoln did not undertake to change this prdtlidon, but carefully conformed to It, Accordingly those 1 ordera named “ tho western boundary of (ho Stale of > lowa”ss “the point from which tbs Cutnpiny should! construct their branch road to tho loOth meridian.” In disputably,’.then, tho commoucemeut-polnt of the lowa branch is uu •• the western boundary of the State of lowa.” This precise language, as descriptive of “thepoint of commencement/’ is twice used lu the section (Sec. 14,) wliich provides for tho building of tha branch, and proscribes its commencement, couno and termination. Indeed, the counsel for the Com’ 1 pany do uot deny, In argument, that the commence ment-point of tho road, aa prescribed by tho forme of tho charter, la upon the Western boundary of lowa* but they raise the question M to what la the western boundary of that State, and deny that this language meant me eastern ahoroof the river, Tho argument of tha Company's counsel on this subject can beat bo presided in bin own language. Ho says: “The wi riera boundary of tboßlatoof lowa is Ahe middle of tho chimnol of the Missouri lUver» (9 BUtutoa at Large, to). Thexoad it to be conettucted, then, from, a.point, toba fixed by the President, In tbe middle of I tho main channel of (he river. Hut it la said, that is l impracticable, and you must put your initial point on tbo lowa shore, or a part of the authorized road cannot be built. But (here is (bis rule, that a 1 grant of this kind la to bo strictly construed. You cannot go beyond the hmtia fixed, and, If you cannot ’ go to the limits fixed, you must go as near them aa you ' can, .lw.j jlim.ljjg wltlUo Ui.m, UU i> tanmllc ble to bculh (ho road la the middle of the river, you must begin ou the Nebraska shore,’’ 1 * If it is granted that Oongroes, by (he use of tho words, “point on (ho western boundary of the State of lowa,” aa descriptive of the “ point of oommenre ment'’ <>f tho •’ lowa branch," meant to refer to tao legal boundary of tho State as declared In IfPi (j stat utes at Large, S3), the views of counsel would be sound And, If (hero Is nothing to shew that Congress meant •omo other than tho legal boundary, there would be a strong presumption that (be legal boundary was the one here intended. There is, however, in tbe various provisions of the charter of the Oumpanr, evidence of a very satisfactory character that Congress, in the lan guage under consideration, referred to the bound, ury of the Stole cn the river, rather ♦>■-». on the ideal lino In (he middle of the chan nel. It had no question of territorial Jurisdic tion before it, and hence its attention was, probably not drawn to tha act of HUG, fixing the legal boundary Congress, in tbe charter of (he respoudent, meant either the lowa shore or “ tha middle of the channel of ihorlver,’’ and “froma point” ontheoueor the other authorized and required the road to be built. Bearing lu mlud tbe nature of a railroad, and the ob jects for which thla road was created aud aided by Congress, n w ill uot do to impute to that body, upon doubtful language, the singular, (he Inexplicable pur pose of requiring the road to Ut built to a point an the middle or a wide and rapid stream like the Mis souri, One ahoro or the other of the river was meant undoubtedly. Which T 11 the Nebraska shore, why la lowa mentioned at allf If (be Nebraska abore. what propriety la there lu referring to the lowa boundary, or in calling (ha road “ tho luwa branch" t "vft Ul ° “»• provider for oloeo aud Im mediate eastern connections with the other uortb *f« branch is to be constructed by this very Company “from Sioux Ulty,” which U la l m,h ° ruof tho MlaaotirllUver,when ?.!«%? frow «w lowa shall be com ple.cd to that jJaco. Aud a like close and diroot con ** for the Missouri branches at St. Joai ph and him ho* City,—having no hiatus or break in the Hue. aud not keeping out of or beyond tbo terrl torlil Jurisdiction. Mh*t reason Is mere then for •uppoetug (he central or low* branch wm Intend** S be exceptional lu (hla respsety The lowa Udm »r railway hod not then been completed m th?uiu?uri idv cr, aud hcuco could uot wait In ruuntluued bv name j but u U not Ugbtiy to U thaT ooi IT I ?!*,*.« 11 the powers and lu furuuLlng the tuvana lu ii .iotruvl u great national highway, lutcuded to make no provUloielor crusting a bread and ewßt stream Uke the Miaaouri, known to tho we.lcru end of tho lowa roads, whoso completion ao u lumm. nett with the Union Pacino Hoad wus than *comte.n diarier of tbo Company “autboriaod aud required It to construct tu railroad from a point on the western boundary of tbe Slate o< lowa," U author- luillt* construeilon from the lowa shore, eoH, If a “ridge in tincoMttr to meet this requirement, thsn thepow*r lo build (hs bridge wm Riven, (Springfield v. Omm., etc., U. U.C0.,4 Cußh.,iU; Oily of Clinton t, Cedar Rapid*. ste., R. If, Co., fit lows, 4:.#,47U; i*eop o T.n. & h. n. n. no., is wvmL n.i, ii\) • Indeed, It nilßbl well tie urged tbit not only wan onthorlty conferred to bnlld Iho bridge, but ti<nt Hie was Imposed to build It ns part of lie “lino of rallrosd" Decenary la reach the proscribed t'Olut of commencement. Tbs Company did not neo.l, no tar m relstrsto bridges. the power Riven to ll by ibo Dih ••StlOn of the emended charier (If It'd!, “ to establish ferries across the Missouri River and other rivers which lie road may pass In lie course," and ** lo con* struct bridges over said Mlaaonrl River and all other rlvera. for (ha convenience of lla road," oud “loam* Me It to nuke convenient and necessary connections wllb other roada." A bridge bnlltander authority of the act of 1*63 op I**l4 would he part of the road of Ihe Company, or, in tha language of the original charter (Hao. it), part of 1(* “ line of railroad constructed from a point on the wrateni boundary of the Stale of lowa Just aa a bridge on a highway baa often boon held to bo part of thn highway itself, (Dillon, Mime. Corp., Bee. 670.) if them was doubt os to the rlghtof the Cocnpany to pass beyond the middle of ihe river and to go to the lowa shore, the original charter of IHfll, In terms, an (horlxes the Company to construct a bridge over the Missouri lUver, which presupposes (bat the eastern end of It shall real upon Iho lowa shore; and (his ta done, so Congress declare*, “ to enable the Union raclllc Railroad to make convenie nt and necessary con* nectlona with other roads." The bridge was to he built by the Union Paclflj Railroad Company. No provision was nude fora bridge company, or for stock or capital for bridge purpose*: and. If the structure had not t>ecn built under authority thus conferred, and no other, there could be no doubt that It would have been part nf the road of iho Company lu such a some that the Company won! J ham been bound to operate It, as muon as it was bound to operate any other part of lie Hue. It appears from the return to the alternative writ thsttbo Company, under tbo authority thus given, and not otherwise, commenced tho construction of the bridge here lu question, in 18iV.*» It proved to be a dllttcult And expensive undertaking; and In JH7I tho construction was far from being completed. On the filth day of February of that year, Congress railed “an act to authorise tbo Union I’.icifio Railroad Com pany to issue ita bonds u construct n bridge across tho Missouri River at Omaha, Neb,, and Council Bluffs, Is/’ <lO Statutes at Large, 430.) This onactmcut is supposed by (be defendant to have a controlling effect on lbs present controversy; and it undoubtedly has an important bearing upon it. It is given In full In the statement of tho coho. It authorise* the Union Racine Railroad Company to make a mortgage “on the bridge and approaches and appurtenances," sod to issue tionds, not to exceed S.*,cuo,o<K}, to be secured by such mortgage. Notwithstanding the rule of law that authority to levy ami collect lolls must be plainly conferred, and the able argument of the relator's counsel ou this point, it ia clear to our minds that Congress gave by this act to the Company the right to “ levy and collect tolls and ehergee for the use of tho bridge," reserving lu the second proviso the “ power ot all time* to regu late said brlcMe, and tho rales for tho transportation of freight ana passengers over tho simo, and tho local travel hereinbefore provided for." It Is manifest from this language that tolls and charges other tb.vu Ihoso far local travel vsro contemplated as being within tha competency of tbo Company to levy and collect for tha use of th« bridge, Resla-s, tbo chief value of (ho bridge as a security would be tho tolls; end tbesu tliorily to make o mortgage for $2,50 MKO ou toe mere bridgo-itructuroahd approaches, without ihorigntto levy tolls and pledge (ho fame to the lender, would doubtless have proved a barren power, since it would It* quite Impossible to negotiate such a security. It 1* evident from tbo t<*nor of iho bridge mortgigo that all tho jwrUas to that Instrument thus understood th? act of I*7l. The act contains also tbs important provision, that it shall not change the eastern terminus of tbo Un ion Tadflo Railroad from tbe place niters It is now •tied muter existing laws, nor relaiso said Compmy from its obligations nnder existing laws." It also con* talus a clause adopting, aa far ns npplioaldo to lbs bridge in question, tbs provision of the Bridge act, July yfi, IStifl, (It Statutes et large, y<4.) Tbo act nho contains a cUum authorizing tbs bridge to bo “ so constructed as to provide for tbe passage of ordi nary vehicles 5” but this privilege was not used, and eo need not bs considered. Tbo Bridge act of 1874, it Is in bo observed, docs not profess to repeal the previous authority express or Implied on lbs perl of (bo Company to bridge tbo Mis souri, but only to confer additional powara and to make additional provisions. All tbe prorHons of (bo several ads are to be road together j and thus viewed tbo respondent would have, mlrr <m.r, tbs following rights and powers In respect to lbs bridge In qncatlon : 1, To build it under the original and amended charter as part of its rood from a point on tbe lowa shore. 3. Umlertheaclof 1871,11 wsssofar discon nected from the road aa to authorize it to bo separately mortgaged aa a bridge, and to empower tbe Company to levy and collect lolls and charges for (he mo of tbo same aa a bridge, or compensation for the use of it by other railroads oonstructed to tbe Missouri River at or near Council Bluffs and Omaha,—Congress reserving tbo power to regulate tbe bridge and the rates for transportation of freights ana passengers over tno tame. Oat it was expressly provided mat this act should not change tbe then existing eastern terrains t'on of tbe Oomnaay'a road, nor release tbs Company from Its obligations under existing laws, Oy this last provision U was doubtless intended to declare Ibti tbe eastern terminus of the road should remain wbero it bid before been estab lished and then existed, namely: on the lowa shore: and that the existing obligations of the Company, springing from that fact, should remain In fall force. Que of these obligations is. that, wblls tbe bridge mortgage remain* unforecloeed, and tbe bridge is in possession of the Company, the Company mast oper ate It as part of its road, which it baa never ceased to , bo, although it may, nudor tbo act of I*7l, charge special rates for Us use, subject to tbe control of Con gress. Three several times, first In the ect of l«ca (See, Mi. then In the act of 18C4 (See. 15). uid las'.'y M htu &a Juno 30, 1874, has Congms require:! iho respondent “to operate and use Its mil fur nil inirnospa of communication, travel, and transpurlallon, so far an tbo public and Qovoriuuant •re concerned, an one coallnuoun line,** This last act ereo goes so far as to make it criminal on thonartof controlling officers or agents of the Com* panics, or cither of too Comoanle*, to refuse thus to operate the roads, or either of them, thus demon strating that Congress Intended that each roid singly, an well as all the roads constituting part of the system of Paelflo roads contemplated by the acts of 1 ’fli and 18GI, should Le operated, without breaks or unneces sary delays, as a continuous lino, without favor or dis crimination towards cither persons or tocsUUai. If wo are right in the position that the eastern ter minus of the road of the respondent Is on the lowa shore, then, Inasmuch as the Ilridjo a*t of 1871 upon vhleb the respondent so strongly relies, declares that such terminus remains unchanged. Notwith standing that act, the conclusion necessarily follows tint the respondeat must operate Its trains over the bridge under He contract, as part of a continuous lino of road, and operates thorn over its entire Hue of rood from terminus to terminus. Such a duty has ■ enforced by mandamus, with such specific leghlatlon as Congress baa provided In this behalf by the act of March a, 1873 (17 SUtulce at Large, 6JO. Sec. 4. last Clause); which in terms gives to the proper Circuit vQourt.jif the, United &UIM “Jurisdiction to treat nud determine .all,, wjsiw of mandamus .to compel' the union Pacifio lUUlrond . Company to oporaio' Its roadki required by law*" (Tito Slate vs. Hartford, etc., I). It. Co.. 09- Conn-) Aex. vs. govern 11. It. Co., Si Barn. U Aid., MM...,. , Huppose the resiwndeni should habitually stop its regular trains 3 mlloe west of Omaha, and rbfitso to run thorn eastward of that point, or only run “ Iran*- 1 fee trains," is tliero any doubt, under the legislation of Congress, that It could be compelled to operate aud run its regular trains Into that city 7 And so In this case before us, If the bridge on to which Us track Is; extended Is to be considered as part, of its road within the meaning of the acts of Congress requir ing It to oporale Us wholo Hue without any break in Us continuity. lu this view, too transfer device of the Company, putting pisssu eon and shipper* of frslgbt to unnecessary delay, inconvenience, and expense, is in violation of the duty which thu Company owes to the publlo. It is au In defensible obstruction to the nubile. If made by the with third persons, without legislative au-. UjJWfaTi U would be ultra vtru. It it none tbe leu objectionable that it is mode with Us own employes. Anoint Umadebyths respondent against the wnt, on the ground that the bridge-structure is notop* posits See. 10. aa fixed by the President, but some U , miles down the river, in point of fact, alter getting bonds and lands by mason of that loca tlon, the Company hu abandoned its track through Bm. 10, and, Instead of crossing the river op]>oelte that eeotlon, hu constructed Ue road so u to connect with the present bridge. If this change In the location of the bridge from Sec. IQ wu authorised by sn implied effect of tbo act of 1871 applied to tho: •übjaeft the objection under consideration falls. Originally, under the order of President Lin coln. the bridge should have been constructed so u to reach tbe lowa shore cut of and opposite Sec. 10. Is* etead of doing this, the Company commenced a bridge at the alto of the present one, a miles south. Congress, In 1871, authorised that brldgo to bo completed and mortgaged, thereby legal (ring the change, and doublleos,relieving the Company of the duty of bridging tbe stream opixMlto Sea. 10 And, therefore, when Congress also uia that the act of 1871, la relation to the bridge, should not “change the eastern terminus of the toad from tho place where It Is now fixed under existing laws," it did not mean that Ihe Company should Htlll be under en obligation to build e bridge opposite Bcc. 10, but tbst the lowa shore should, notwithstanding lbs Bridge tot, remain tbe ceatern terminus of the road, sad tho Company’s obligations in this regard should remain. But, If tne change In the location of (ha bridge wu not authorized by the act of 1871, itlli the Company ought to be estopped to say, “We have reached our eastern terminus at tbe wrong place, and hence cannot be compelled to operate the whole length cf our act ual lino of rood.*' Again, Uls suggested by tbe respondent’s counsel that this view, if sound, neseusrily tui the effect to subordinate the bridge mortgage for *1,600,000 which wu Intended to Lea first Him upon the bridge, as well aa Us lulls. to the Com pany upon its entire lino of road. These respective Mortgagee are not before us. end their rights canuot TX> touched by any here derided. Wo content our solves, therefore, with tbe remark, (hat, on observing the terms of tho two instruments, we do not see that (he result suggested necessarily Hows from tho posi tions we have attempted to maintain, it Vero prema tura at this time to anticipate that there will bv a solo under tbo bridge mortgage, and to consider tho rights of tho purchaser, of the Coznpauv. of tho nanhe. ur ot (ho Government, after that event.* 1 Twotochuloal points ere nude by the respondeat. The first Is, (hst uo demand le averred. Under tbo cir cumstances of thie ease, this objection, bring made for thu drat time at tho bearing on tho merits, and tbo duty bring a publlo one, which the respondent hu all tb<|time denied to exist, cornea too late. The object of a demand la to give (be option to do or refuse Uui which is dowanded, and It U evident that a «km»ml by the rdatora would not have obviated tbe necessity for this proceeding to determine the contested ques tion of publlo right and publlo duty here involved (Dillon, Munlc. Corp., Sec. 0J0.) * Tbe other point u more substantial, and, Indeed, fatal to Ihe application, in Ue pmeut form, for the per emptory writ, units! the objection be avoided hy amendment. The proceeding* by mandamna and oom , mon law are cheraolerized by unreasonable strictness; and one established rule Of practice In the Illinois Dench la, that puudsto of Ihe peremptory writ oanaut bo molded by the Court after a hearing upon the re* turn to the aliernailvo writ, but the peremptory writ mint bo denied altogether unless the sphere of lie mandate Is exactly coincident to tho mandat? of tha alternative writ. (Queen v*. E;ud.j etc., 11, R. Co., 3 El. k DU, 401J a Ad. Si £ll., 1)31; 14 lb., X. 8., 40' J.) If the propositions heretofore advanced are correct, Iho mandat* of the alternative writ was ton broad, in that it commanded the defendant to operate the hrldoe Mtulcr a uniform tariff of freight* and fares with the residue of the road. We hold that Ihn defendant may, nnder the act of 1871, exact apodal tolls or charges for the use of ita bridge, Anticipation lhat this might bo Hie vlow of the Court, the relator's counsel have. In that event, asked leave to amend by striking nut of the mandate of tbo Alternative writ the words, “and freight and passenger tariff," and that the peremptory writ lame so as to conform to the alternative writ oa thus amended. Undoubtedly the amendment ought to be Allowed, In this country, and At this day, the writ of mandamus has lost Us prerogative character, and the proceedings arc governed by the same liberal rules which obtain lit ordinary legal remedies. Accordingly, says Chief* Justice Taney, “Tho right lo the writ, and the power to Issue It, hnvo censed to depend on any prerogative f mwer, and It Is now regarded as an ordinary pto'osa n Iho cases to which it is Applicable. Ills a writ to which ovary ono Is entitled, where ll is tho appropriate procois for uscrtlng the right to tha claims." (Ken tucky vs. Dennison, *.’4 How., 6(1.) In our Judgment, the (rue rute la to allow, on prop* er terms, amendments in proceedings by mandamus at all times, both as to form and substance, In the lit* lerest of Justice. In England, 0 Anno, Ch, ‘JO, See. 7, extended the statutes of Jeofails “ to all writs of man* damns and all proceedings thereon." Speaking of the power to allow amendments, Mr. Justice Strong, de livering iho opinion of tho Supremo Court of P«nn aylvaula, remarks j “ Formerly, when tho doctrine of amendments icinatned as at common Uw, tho Court would not allow tho writ of mandamus to bo amended after return Hied; but. as Jb said by Tapping (p, 331), (be strict rulo of (ho common law has been of late years altogether departed from,—lho principle as to amendment being, that it shall Ims al lowed In all cases when auch a course will promote Justice.’’ (Commonwealth vd, Pittsburg, 31 St., 4J6, nia.) And auen Is unquestionably tho American prao tico. (Dillon, Mimic. Corp., Sees, 60.1, 701, and cases cited : High on Ettr. Rem., 511.) And Iho allowance of such amendments la within the spirit, If not, In deed, within tho terms, of tha liberal provisions os to amendments In tho 33d section of the Judiciary act. Tho power thereto allow amendments Is broad, ex tending to “any defoct,"and should not ordinarily bo confined to defects of form, and should bo liberally viewed, and tha power given liberally exercised to pro moto Justice. Outded bylheeo considerations, why shall the rois ters bo denied tho power to amend to conform to lb* views of tho Court, on proper terms, and compelled to commence anew 7 The defendant, It Is to ba tup posed, bus, and feels, no other Interest hi this contro versy than to have Its public duly authoritatively set tled, and this can ha ns well done lu tho proceeding by allowing the amendment is by compelling (ho relators to retrace all their stops by commencing do novo. .Del an order bo entered allowing (bo propoiod Amendment to tho alternative writ, and thereupon directing the peremptory to issue, conformed lo ibo alternative writ as amended, Ordered accordingly. Lovo, J., concurs. WASHINGTON. LIBEL—WILL!AMS’ linnirAOE.* Svteial Vi'malchfo Tht Chteam JViJuns. Washington, D. 0., May 10.—William E. Saw yer, a former Washington correspondent, whom over a year ago Attorney-General Williams for bade entering thoJDopartmont of Junttco, threat ens to bring suit analnet Williams for damages for that order. Tbo order was issued on tbo supposition that Sawyer bad surreptitiously ob tained and published tbo papers in tbo defunct Credit-Mobilior suit. The papers for tbo Itbol suit against Williams are now in preparation. They sot up that tbo papers In question wore not surreptitiously obstainod, but wore freely offered, and that all tbo statements made by tbo correspondent at time note strictly true. CONSULAR. Oen. W. W. Robinson, formerly Colonel of the Sixth Wisconsin, is here. He bos boon appoint ed Consul to Madagascar. MILITANT ORDER. UnJ. Joseph M. Robinson,of the Third Artillery, has been assigned to tbe command of tbo mili tary prison at Fort Leavenworth. It is said to-night that tbe Court of Claims will not decide tbe Union PaciQo case to-morrow, as bad been expected. Tbe adjournment of tbo Court will, therefore, bo postpouod for aomo days. A NEW DAILY. Tbe Washington Tribune will appear to-mor row. It lo understood that it will bo published in tbo interests of tbo trades-unions, and nota bly of tbo Typographical Union. SPBAKEB ULAIHfI . loft horo lost eight for Maine. lie does not In* toud to rotaru to Washington until fall, and In* toudu to hoop away from politic* and politicians until tlio next Congress. TUB ASSIST AMT ATTOaNET-GIMt HALS DIP, The employee of tlio Department of Jnstleo arc eager to leant the Intentions of tlio Atloluoy- Qencral as to tbo choice of Assistants. It is mmored to-night that Edwin Stanton, a son of Edwin U. Stanton, tbo famous War Secretary, is to bo Assistant Attorney-General, to succeed Mr. Hill, of Boston, resigned. POSTAL ORDER. tx'o ms As»*:utua m«.i Washington, D. 0., May HJ.—lho Postmaster- Qoneral, uudor anthomy of an act of Congress of Juno 8, 1872, has ordered that tbo rato of United States postage on letters sent to or re ceived from foreign countries, with which dlffor ont rales have not beau established bj postal convention or other arrangement, when for warded by vessels regularly employed in trans porting tbo mail, bo reduced from 10 to 0 cents for each half ounoo or fraction thereof, to tako effect July i, 1876. tub executive ntiroim. Tho Select Committee of tho Senate, appointed' to examitiH imo tho condition of tbo-Executive! Departments in order to report at.tbo uoxt soe* .slon of CoDgreas-what rofonna (tro. ueooflsary,; have nearly,completed their work. ; .JEHSBD.'IIBIOUT, ex-united fll/ttos Senator from Indiana, is now lying dangerously 1(1 at bin residence hi Bal timore, with rheumatism of tho heart. BLUI3 IUJLN. THE ILLINOIS SUPERVISOR. Special Jhepateh to The Chiraao Tribune. Washington, D. 0.. Mav 10.— Tho sucoossor of Dan Muon as Supervisor of Illinois has boon chosen. Tho Secretary of tho Treasury declines to-night to permit tho naino to ho men tioned, but the Treasury officers say that tho appointment is likely to bo mado public to morrow. rcrmlesion Is given tb-night to say that tho now Supervisor has been chosen from ono of the present Collectors of Internal llovsnno In Illinois, who is ono of tbo oldest commis sioned officers in tho service in tbo Stato, THE NEW ORLEANS DISTILLERS. Sveerut Vtapateh to The Chicago Tribune. Wasuinoton, D. 0., May 18.—Tho Treasury Department will soon make extensive seizures in Now Orleans. Tho Whisky lling-there has boon more extensive and successful than at any other point. Tlio distillers have become so ac customed to fraud that, when they discovered that they oould not corrupt tho now Supervisor, they closed their dlslUlorles. Treasury officers have information of tbo whereabouts of all tbe Illicit whisky shipped from Now Orleans, and will solzo both it aud tbo distilleries. THE CROPS. Special Dlepateh to The Chicago TVibutu, Dwiout, 111., May 10.—This morning (Sunday) we had to break tho lee In our trough! before the hones and cattlo could drink. So far as this locality la concerned tho com crop of 1875 is about all planted, but when you have to wear your Ulster aud buckskin gloves to keep warm, and lash your hoy to tbo corn-planter for fear that be will be shipwrecked, under these circum stances tbe heart of tho average Granger has not boatoa with much enthusiasm; neither is ho Inclined to ouno the middleman or tbo n looted monopolist. Wo bavo had much to contend with during tho past weok —raining more or less, cold, blighting winds, ana still colder nights, tho sun obscured moro than half ihe lime. It is very easy to imagine that, although our crops ate in, yet tbo pros fects aro not encouraging, . Oats continue to aok very thin, and wo confirm our former re f orts, and add that, from extended inquiry and rou our own personal observation, thoro ato moro fields of cats tbst will only yield half a crop than there aro fields which will make an average crop. Nothing seems to grow, Tho trees, even vet, refuse to not out their loaves. The pasture Is still very short, and will barely sustain stock. Tho only good nows 1 am able to send you is that tbe Colorado potato-bug has stepped down and oat. He has not been seen this spring. May ve never soo his like THE BLACK HILLS. The Indian Delegation to Washington —Warlike Spirit of tho Young Sioux Braves. Two Thousand Gold-Seekers at Cheyenne, Waiting for Governmental Bor mlaslon to Proceed. Arrest of More Miners—A Projected Stage- Lino Between Olioyonno and tho Black mile. THE INO'AN DSUOATION. iSpeeM C«rr*»i>oHdtnc« <\f The Chicago Tribune. OitAua, Nob., May 11.—Tbo cUlofa and head men of tbo Ogallalab, Brute, Unepapa.and other bands of Sioux Indians, who have gone to Wash ington to oommunlcate with their Great Father, tbo President, in lolatloo to a new treaty for TUB CESSION or TUB 11LACK HILLS, bound themselves by solemn compact, before leaving homo, not to talk with any while person on the subject of their country, or (bo. gold therein, until they should have communicated with tho authorities at Washington. Tho only squaw with tho delegation—tho wife of Bad Wound—seems to have smuggled horaolf into tho patty by her own artifice ; for, after tho de parture of tho Indians from tho Agencies, and when they were some miles upon tho road, she mounted her horse, orortook tho party, and, vaulting into tiio wagon whore her husband was soatod, throw her arms around his nock, refused to be separated from him, end carried her point against all efforts to drivo hor hack to her home. These Chiefs come prepared to treat for tho site of tholr country, yet tho condition of af fairs with their people at homo is neither a quiet nor a friendly ono. Tholr young men, as a class, are opposed to tho cession of their terri tory, and throe war-parties have already started to the north and west for a little practice against the Crows and ths Bnako Indians, with the in tention of concentrating, during tho summer, with all other disaffected warriors of their nation, on tho Powder River, for a grand Sun dauoo,—which la tho preliminary of war,—and a subsequent general attack upon the whites along the border, should the minors Invade tho Sioux Reservation. Thoro arc now upwards of TWO TUO US AND PEOPLE AT CHETENNB, on tho Union Pacific lloilroad, though tho citi zens of tho place claim (boro aro 4,000, awaiting tho consent of tho Government for tho occupan cy of the LUck Hills and Pig iloin country. A scouting party, under command of Lieut. Rog ers. Ninth Infant.y, from Camp fiborldsu, tiO mllos from Harney’s Poak, returned to its sta tlon on tho 8d of Mat with five minors whom it had arrestod in tho Rlack Hilts. Tho following day, sovon mors minors, belonging to the samo patty, camo In to tho post and surrendered to tho military authorities. Thoy woro all released on nromlso not to re-enter tho Indian country until permitted to do so by tho authorities of tho Government. Those miuoisgavo NO ASSURANCE OF THC EXISTENCE OF GOLD in paying quantities in tho country; nut thoy had pumpcctcd only In placors, and not in qnartz icdges. About tbo timo of tho return of thin party, an old miner, who had found his way up to the edge of tho reservation, hired a half-breed Indian to guide him to Harney’s Peak, reached thoro In eafoty, hurriedly dug out a panful of oartb, returned with it in hot haste to tho Nn brasKa liuo, and thero washed oat from it 30 cents' worth of gold. In addition to tho gold sookers now at Ohayonne, there are several bun dled adveutmers botwoontbat point and tho mil itary posts of FortLruamlo and Camps Ilobln eoa and Sheridan, and along tho border; but It is not thought that thoro aro any now actually within tbo limits of tho forbidden territory. Hr. George W. Homan, Jr., of Omaha, a gen tleman of moans and largo oxcerience In trans portation mallets, has entered into a contract with tho oitizons of Choyonuo to place a first oiasa STAGS AM) SXFHEBB LINS . os the route from that city to the Black Hills end too Big Horn Mountain country, ami tliouoa to tho Bottlomoots In Montana, as soon as tbo Govorn raont shall opou tbo country. Tbo establishment of this Jiao Trill materially shorten tbo ronto from the East to Fort Ellis and Helena, Mon tana, irbioh la now via the Union and Central Pacific Railroads to Cohnno, and thou eomo bundroda of miles by stage. Mr. Homan pro poses to commence operations on tbo route from Cheyenne with a capital of $1(10,000, and lias bis agents already engaged throughout tho country In the purchase of stock for tuo enterprise. Ilia lino wlil mu in connection with tbo Union Pacific Boilroad. and his passenger-tickets will bo cou pons of tho rocular Paoillo Uoilroad tickets, pur chasable at all tho general tiokot-olllces m the laud. THE NEW COintAKDCtt *.««. MMII of the Department of the Pintle, Qen. Crook, loft Omaha yesterday to visit the troops la tho Vicinity of the Black 11111b, and to Inform him self of the oonditlou of affairs there, Tbo Gov ernment geologist, Mr. Jetmov, is still at Chey enne, organizing and outfitting his party. Tho escort of cavalry and Infantry which Is to accom pany him into the Black Hills, Is at Fort Lara mie. fully equipped, and only awaiting Mr. Jen coy’s arrival at that place to take tbo Hold. Llont.- Col. Richard I. Dodge, Twenty-third Infantry, who was recently assigned by Qen. Crook to command this escort, reached Fort Laramie on tbo 10th of May. .. .... THE COMING DIG TALK. Sptefat Dttpatch to Tho Chleaqo Tribune, ' WAsiiiKcno.v. D. 0., May 10.—Tbo Black Hills: Sioux Indians bavo arrived hero. They expect to bavo a conference with the Rocrotary of tho Interior and tho Presidont this wook. In their talk to-day with their interpreters, they glvo no Information additional to ibat wbioh they bavo. already furnished to tho Western proas during • tbo progress of their Journey. They insist that they have boon cheated by their agents, and want uoW ones, and. that their people uio starv ing. Tboy are especially bitter against Dr. da viro, of tho Rod Cloud Agciloy. Thev ate not communicative on tho subject of tho treaty. THE CAPTURED MINERS. Stuciai Viaoatefito Th* Chwaon yVituiw. Sioux Oitt,' May 10.—Wharton’s band of Blaok-HUlers, captured by the military on Wbilo River, and taken to Fort Randall Thursday last, have, with tho exception of tw? of the party. Loon, by order of Gen. Sheridan, released on Sarolo, and their arms, horses, wagons, and out is restored to them. Tho tivo who are bold as ; prisoners refused to sign the parole, and will he kept In confinement mull further orders are received from military headquarters. INDIAN TERRITORY. The . Council of tlio Tribes—lSeJor tlon of' iho Report favurliif a Tor- rltorinl Form of Ciorernnient* Special Curreeuondtnce of The Chicago Tribune, Ouudloei; Capital of tbo Crock Nation. I. T.*' May 10.—Tho Council reassembled on Monday morning, and opened with prayer by tbo Boy. Chilly Mclntosh, Chaplain, in tho Creek lan guage. It wan amusing to boar tho wild tribes answer 11 Ho I'* as their names wore called. The. minutes of proceedings were then read la Ehg lisb, and each Interpreter told bis tribo what had beoudono,in their own languages and. as all rlalkod at once, I was reminded of tho history of : the Toner of Babel, or an afternoon session of the Illinois House of Bopresonlatives. The pending question being that of the Terri- 1 torial Government, Superintendent Hoag arose and made a speech, from which tho following is an extract i 11 In the treaties, the Government of tbo United States has lotrustod powers to tide Council. Thoso powers give the Council tho right to legislate on all international subjects that do not como in conlliot with tho laws of the United Btatoa. The power Is givfn yon to legislate on the matter relating to your selves, and to can; your laws into execu tion. Yet, in six years, this Council-has not enacted .a single law,- because it could not have boon executed. I have recommended that you oxorelso your powers to make laws so.that you could execute them, and punish criminals. In that you will promote your own safety and protection, and show to tho peo ple of tbo United States and the world that yoa are people who can mauago your own affairs." Mr. Morris, a Chorokeo, uld that *• The Gov ernment of the Cheiokooß was good for him, and that life ami property wets an B if n i their nation as in any country on this Coniine,,*.?, ntul concluded his remarks by adviimig thoitii* to " stand still, and see llio salvation of n 1 Lord. 1 ’ 11,(1 D. N. Mclntosh, a Creek, epoko In favor «» the proposed government, Ilu ^ r , of talent of IhlaTtoiincil was competent to etui. 8 Janii good enough for Iholr own protection at} that luat talent should bo nsed in tjj o diitobl of wise legislation." Uloa Mr. Morris thereupon replied as follow*...t am ignorant, amlthe old falilo of the I llio Lrow Is re-enacted. rim plccu of olice«i •- tnaiiv know, wont by llntiory from Hm (Vo-v . rnn°rk» X ‘ But ll ° UUt, ° 1,0 his rS Judge Folsom, a Choctaw, then look tho fl oftf one spoke as follows; “Mr. Frerldont on r \ lollow-Bolrgaten, I propose to open my „irn?K »uJ urns bjnmllnllf, bat not lolctlbacS go. I lovo tho choose hotter than Ido tho f,?. and I thorcloro move tho adoption of ibo Jorily ropoit." ,o ** Oon. I’lroeont Porter, a Creek, then address tho Council, from whoso able and dlgrffi apoooh I quote s "What I havo to say to tn. Is piompled by a tmo rogaid for oor iveiiar* >\o nro all of ono race, and ore hero f0r,,.?: purpose, and roust achieve a common dentin* If evil befalls mo wherever you co, there wiiir go. and whoro you dio thoro will I dio ahn I havo boon slow to sav anything to vlv.' in tho Council, because I believed thoro worn others boro of moio sober Judgment toadvi*ft Itut this restraint 1 can boar no longer, for I in«s Unit, having tho truo Interests of every Indian in my heart, therefore everything that cornoi from that heart must bo beautiful to vou. That wiXh I BayOuit will bouolit you, take it: and that not good, let It pass off with the wind. We fcni there is a necessity to do something: if wo did not feel so, why come boro year alter year with Increasing Interest? When tho elements ehaks and romm themselves, do not tho animals protection f Now, I imagine that, by Instinct wo come together to shelter ourselves from some approaching storm? therefore shall reason direct mt In our deliberations ? The mi norlty report shows tho danger, and says stand still aud hunt no protection. Tho majority fa. port secs tho same danger, and advises humme Hie best way to ovado the threatened storm, Tho Government; toeing our danger,* separated as wo ate, has given us the means to stand united ly; and shall wo not hoed it?” On tho following morning, tho Council took a vote, mid Clio majority report, which favorod Uia Territorial form of Government, ires rejected b? yeas 110, nays 41—tbo wild I ribca voting m tho af. Urmativo, and lUo Cherokoos voting solidly in tho negative. A quoor commentary o« this complex subject. It is, however, understood that tho question will como up again la another form j and that a Constitution—pureir Indiau—may ho passed by tho Council, and sub mitted to a voco of all tho tribes in tho Terri lory, which will only bo binding on such as adopt it. Tho Council will bo in session four or fivo days longer than wai anticipated, owing to iha delays occaalonod by tlio interpreting of tho tiro, ccodiugs to tbo wild trlbon. ‘ Our old frioud, White Shield, oopoarsd to-da* ir.Uio uniform of a Giptoln of Artillary, cp»u. lottos and all, which added zest to tho oc:aai»a C. S. ‘ ADJOURNMENT or TNG COUNCIL. &’r<ciaf D.apaU'h to The ChUapn Tribune. Mubuooee, I. T., May IB.—Tho Council t \ Okmulgco adjourned yesterday, to moot again In tho eailr part of Seotombcr. Tho voto on the Territorial question was reconsidered and a committee appointed to m«ct in Juno to diaft a constitution to lay before tho September Council. CASUALTIES. the lono voyage < OF i the steamer mi< TROPOLI9. New York, May 11.—Tlio steamer Metropolis, whoso safety was so long in doubt, arrived at this port this morning. With the exception of her broken manta iboro is nothing In the out* ward appearance of the vessel to indicate ber long and stormy voyage, which Biifllclontly proved her to bb stanch and seaworthy in the opinion of her offloora and, passengers. The purser, T. L. Crawford, gave a synopsis of the Voyage substantially as followo: The vessel left Bermuda on the ICtli of April, and for tba • first eight days encountered constant heavy galea from the northwest, with snow, hail, rain, thunder, and lightning. At midnight ou the 10th they carried away their foroto;mjast, which, iu falling, took away the head of the main top* mast, and crashed through tlio celling of RtiUo*room No. lin the first cabin. The heavy timber struck exactly on lop of a berth iu which J. Beam, an invalid passenger, had slept until that night, when ho had changed to a berth on the other side of the room. Tlio vessel pitched and rolled so that some of tho stoam*plpos were strained and allowed tho steam to escape, thorobv Increasing tho consumption of coal. On April 20 tlio coal was entirely gone, and none could bo obtained-afterwards from any of tho vessels spoken. For cooking purposes during tho rest of tho voyage it was necessary to use ail tho available wood in the steamer, including oven the wooden coverings of tho von* tilators. Tho fragments of the broken masts wore utilised in the same manner. The vessel got on the northern edge bf the Gulf Stream when she had Just steam enough to keep out of it, but was twice blown hack across it by heavy northwest gales. A fortnlgnt ago the atoaraor got within 120 miles of Now York, but waa blown off again, and has since boon drifting at tho mercy of the winds and waves. The com* niandor, Capt. Ellis, tried to make every port that bo thought he might reach, and at cue time came near making Fortress Monroe, but was again defeated by the winds. Tho beet shift pos* Bible was made to render the canvas useful, and a coal derrick was rigged In place of tho lost gaff. Tlio weather continued very severe until about eight days ago, since when tho vessel has still beeu obliged tocoutond with baffling winds. Ail the freah meat on board bad boon con* somod'Whon tbo Metropolis waa a week out from Bermuda, the ordinary length Of the voyage to this port being bat from throe to five days. Ttie supply of salt meat was exhausted about ten davs before reaching barber. As the cargo, with tbo exception of thirty casks of gin and whisky, consisted entirely of potatoes, onions, and tomatoes, there was no danger of starva tion, although some anxiety waa fait as to tho effect of such a prolonged vegetable diet upon the health of the little children, of whom there were six on board, Many of tho other passen gers wore women, and one of those was an in valid. Tho store of tea, ooffeo, sugar, aud but ter-waa at no time comnletolr exhausted, al though those luxuries had to be dealt out very sparingly. There was aufflclcot flour to afford fresh bread, in addition to the ship biscuit. DROWNED. Evtcial Ditpateh to-Tin Chicago TVibunr, Dunuqux, la., May 10.—Wbilo tho steamer Dubuque waa towing up a 'wood barge a law miles below tbo city , this morning, tinoo men wore knocked'from the bargo by oneof the oars, and two were drowned. • Tho names of the un fortunates could not bo ascertained. COL ANTHONY. To the editor of The Chicago Tribune. Morris, 111.,- May 14.—1n tlio notices yon taka of thq kilting of D., B, Anthony, of Leaven worlli, Koo„ you make no nlluuloo to the fact that ho shot and killed Bobort 0. Sattorleo. in May, 1001, for (bo publication of a squib In (be Leavenworth Herald, of which Saltoiloo was ed itor. Aa the lulling occurred Just at tbo break ing out of the War, and baa a political color. Anthony was uover punished. Mav theta not have boon oomo retribution to bis being Uitnaelf shot ? 0 T. LABOR AND CAPITAL Special Diapatoh to The Chieaw Tribune. Quincy, IU„ May 10,—Tho briokmakors have organized a union'for tboprotedlon of strikers. They have bold a series of meetings, at which tliov havo renewed their resolution to insist up on an increase of wages. The proprietor of the Yards, with tho; exception ol 000, are equally lira in their refusal to yield to tho terms de manded. . ■ ' ’ . . WEARY OF LIFE., ffrteial Dietilkh 0 37u Chining TVfbunr, Detroit, Mich., May 10.—J, Nichols, so agent for Singer's sowing-machlue, and a resident of Corunna, blow bis brains out with a pistol at tbo Union Hotel, Windsor, last evening. He wM temporarily iusane, without doubt. TELEGRAPHIC BREVITIES. N. W. Clark, the Michigan llsh-hatober, has boon engaged by tbe Ohio fish Commiaalouow to mipeiint end fish-hatching in that State. Tbe Presbyterian Genotal Assembly com mences us sessions at Cincinnati ou tho 20th lust. , A careful estimate based onon sales of tickets plauo the total attendance at tue musloii festival m Cincinnati of last weak at from! be,ooo to 3V 04) persona.