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Chicago daily tribune. [volume] (Chicago, Ill.) 1872-1963, May 17, 1875, Image 2

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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
,00 Mi'' •• In 156
He Expects to "
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
“ 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.
“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
“ 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
“ 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,
“\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
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
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.
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.
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,
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
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
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
g.U 1:80 O’Lesry had accomplished 60 miles
8 hours, 68 minutes, and 28 seconds.
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.
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
Tho Opinion as Delivered by Judg-o
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.
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
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.
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
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.
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.
Oen. W. W. Robinson, formerly Colonel of the
Sixth Wisconsin, is here. He bos boon appoint
ed Consul to Madagascar.
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
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.
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.
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.
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.
ex-united fll/ttos Senator from Indiana, is now
lying dangerously 1(1 at bin residence hi Bal
timore, with rheumatism of tho heart.
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,
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.
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 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.
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
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
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
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
. 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
*.««. 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. .. ....
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.
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.
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. ‘
&’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.
the lono voyage < OF i the steamer mi<
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.
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.
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.
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. . ■ ' ’ .
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.
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.

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