OCR Interpretation

Chicago daily tribune. [volume] (Chicago, Ill.) 1872-1963, September 07, 1875, Image 2

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Power of the City to Issue Cer
tificates of liulditcilncss.
Elaborate Discussion of the Sub
ject by Comptroller Hayes.
The Consttiiilioiial Provisions and (bo
Detours in Die Convention.
Anticipation of Eevenuo Not Pro-
hibited—An lowa Case.
Concurrent Opinion of Corpor
ation Counsel Dickey.
Agreement of Ollier litiwyors.
Comptroller naves has prepared, and will enb
mlt to the Council Monday evening, the follow
ing report relative lo tlto power of Iho city to
boirovr money:
Ms AiiaratENt on* the gprsnon.
Crrr CoMprnoi.tEn's Orncr, Chicago, grpt. fi,
lßio.— To the Uunaruble. the .Vavor and .i/omi.eu of
Vie Cili/ of ChicaijOf in the tV.7 C.i<meil n .'v.iio cd;
Home weeks Klnre a law firm In Mllwatibe-. cave an
opinion in regard to (he power of that diy to make
temporary loans in advance of Iho coiled! >u of taxes.
Tho Amount required by tho oily was small, only $200,-
CO). A constitutional provision similar to oiir own
i xtsted, mid the city had a funded debt oxmsUiig the
limitation. The entire oplnMi, * x>-lu*ive of the state
ment of facta, and quotations of (he section of tho
city charter authorizing loans, and of the constitu
tional provision in qn<-siiou, I* an follows :
If the const 1 tutioiui provision al«ovc cited la applica
ble to an Imlebtcciucs i of the character proposed to It©
Incurred by the city othcers, they would net have the
Authority to incur It, or to Mud the city by a valid
nolo for the ropayimm of the money nl a future Oav.
Wn wro ..f (be opiuimi tiuil thu jirovl'bm Is so appli
cable, nud that It operates ns a ] rchlbllion against
borrowing thu money, or giving the notes a© pro
pot cd.
There won no argument and no citation of au
Althouoh tho opposite conclusion was arrived at
and sustained In a careful and sound argument by
the lion. Charles K. Wells, ouo of the must eminent
lawyer) of theHfato, anti although three of tho larged
Lanka of .Milwaukee were still willing and otfered to
make leans to that city, tho first opinion has been
used as the foundation of a violent and widely-circu
lated attack upon thn legality of the temporary loans
of tho City of ilhicngo, amounting to wivenU millions
of dollar*. 1 h.wo had from Uine lo Umu Inquiries
on the subject from parties holding our ccrtu'cato*.
It Is iluo to them and to tho public that they should bs
placed in i>os?cs*liin of
inis DEAsoNA which induced 3ts
to conclude that U was my duty, to provide for tbo
payment of a largo amount of loans of thesanto char
acter which were outstanding and shout to mature
when 1 outcred upon this office, and, with the ooment
of the Mayer and Finance Committee, to make new
loans to moot expenditures required befora tho collec
tion of tho taxes.
TlifSKi loans were made by autlmrltv of See. 25 of the
act of the Oeneral Assembly of Dcb/ir., iHTi, which is
la tho following words :
To provide for monthly or any other pnvmenta
which shall hovo l**ii authorized by (ho Common
Council, and required to bo mado at any time bolero
the collection of tho taxes of any year, thu C-Vinplr.ilhr
may, with tho sanction of tho Mat nr and Flump 0
Committee, liornnv the necessary money fop a tltno
not longer than tho lit day of February next there
aft' r.
Dy See. 7of tho set of April 10, Isfl'.i, the time was
extended Iu the first day of June.
D,'sides n few thmuouid dollars which wero author
ized hy another rcctloti of the law. and wero given iu
ratbfaclluU of Judgments against tho city, no ccrtlfi
raua li’ivc been issued except In strict cotnpllauo
with ihi* section of the charter. They hare all been
i. Mic t lor loans to nuko payments authorized by the
Common Council. In amount they have nut oxcuuded
those 1 aynu-nts, nor have they ezicadcd tho muuuut of
the uncollected taxes.
it is admitted that the amount of onr funded debt
contra' ted previously to the adoption of the Constitu
tion, and still existing, exceeds A per centum on tho
valnu of tho taxable property iu tho city, and that the
fallowing section of the Constitution of lihnuhiiaiu
full furcu and effect:
No county, clly, township, school district, or other
municipal corporation, rLnll l>o allowed to L.-emne In
debted in any manner nr for nnv purpose to un
•meant, including existing Indebtedness, lu the ag
gregate exceeding 6 per centuiu on thu value of tlio
taxable properly tbcn.ni, to 1 o a*c< ri-dm-d by tbo last
assessment for glut* und enmity taxes previous uiho
incurring of Bucb Juikntedmss, Anyruumv, city,
school district, or other municipal corporation lu
cprriug any indebtedness, u:i aforesaid, shall, In foro
oral tbo time of doing ho, provide for the collection of
• direct annual tax simielcnt to pay the interest on
midi debt as it falls Une, aud also to pay and discharge
tbo principal thereof within Urenty yean from tbo
I.jjjc of contracting the same.
Tho question for consideration 1* rb to
of tho Constitution, and whether It prohibits Iho pay
runiß and temporary Juans specified In tho section of
the city cliurtiT above quoted.
Persons not familiar with tho principle* which
govern lu tbo cuuMrucliuu of statutes uro a{ t to sup
-1h,.0 that thu literal moaning of tbu words is neces
sary their legal meaning. There could not bo a greater
mistake. Too old law maxim Is, *• (jul baeret lu litem
hamt hi corlice,* 1 “ Ho who sticks lu tho letter, sticks
lu the bark.” Ail well-road lawyers are familiar with
crsce whero the courts, applying the rules of construc
tion. have disregarded tho hiend meaning of (bo
words of the statute or constitutional provision,
A i-iiu perfectly lUmdraliug this practh c, was cltod
l>y Mr. Anthony, lu a debate m tho lato Constitutional
ConTt nihut, under tbo following c Ircumstumci:
The Convention being in Committee of tbo Whole
for tbo purpose of couriering the report of tbo Com
itiiilto i>n htale, County, and Municipal Indebtedness,
the Clerk read Hoc. 1 of the report, us follows:
Buenos I, Tho credit of tbo state shall not In any
manner be given or loaned to or In aid of any Indi
vidual, ai-Budution, or corporation; and tho Biato
shall never utsutr.o or become roqomdblc/or the debts
or liabilities of any Individual, association, or corpora
Mr. Anthony said : » Mr. Clmlrmnu, I wish after tho
word ‘coriioruUun,' In tho Ukt line, first bcciluu, to
add tho words ‘publi.j or private,' for this nason:
tliat thu word ‘ cm-poralU u ’ as used in that seiieo after
tho word osßodut.uu, might convey tho Idea that it
was a private corporation. ...
“ Nww. la order to make U perfectly dear, m* (faat
tberu wfil bo no ambiguity, ur any qm-stlou arUtng at
all. 1 move that tbo words 'public nr private ’ ho in
serted. and I will slate, as a reason for that, that while
tbo word •corporation’ might includsallcopporatlons,
our Hupreme Court have decided m ono ea< o already
(hat the word * corporation ’ docs not In alt instances
loi'ludu municipal corporations.
“ Wo have on our alatule-bunks to-day, in an act
which cau be found on pogo 77il uf Iho atdutea uf this
Uiate, compiled by Kratus, tula language :
TUo words “ iwftou or persons,” as well as all words
referring to or importing persons, shall Lu deemed tu
extend tu and include bodies politic and cun orale. ss
well am individuals. *
"On page Coil of ticatrs* Statutes' wo find another
caso where reference Is made m the word •pcrsctis, 1
which hud been passed prior to the decision which I
hold lu my luml, which wua also understood to m
cludu bodua corporate aud politic, ua well as persons:
ami notwithstunuiug that, sir, thu language which X
have read, tu IHO) was jossed In review by the Hu
promo Court, aud It was decided (hat that language
did not ItK'liido public and municipal corporations,
"’iho casu was this; A judgment had bum’ob
tained sgiduht tho City of Chicago, aud an execution
»!■< issued, and tho uillccr levied ui>ou a steam lire
eligmo end horses. It was contended Very positively
uiK>n one side that there was no dtatlnciluu Iwtnecn
* »JO.li«s politic aud corporal*' and ‘municipal tor
l>oratloii»’and • persons'; and that all corporations
wer«-. lu th• law, * i«raons,' and that an execution
could issue agahist th« pro{>«ri/ of the city, as a
corporation, equally as well us it could against a rail
. road or against an individual. Now, sir, that case was
taken to the Hupn-ino Court lo IdCI, aud our Hnprome
Court decided tout the statute did nut apply at all tu
municipal corix/ratton#, aud that an executum could
not Isau* nguiiu a municipal corporation under and
byrlrtneof ifio Constitution of this uuio. or any law
of thlaHlate.
“Thu Court In this rue used this language:
The first eecixm referred to provides, in sutwtsocc,
for tho issuing of ua ex.cuUon against the lauds and
tenements, gooda and chattels and real nutc, of every
l*r»on against whom a judgment Is tendered in any
court of record, either at law or in equity; and it is
contended that tha word “ icr.un," by Her, of Chap
XC., mcludia Uxlks politic and corporate, as well us
Individual*. ... *
Tha UgisUturw never could have Intended the
statute should embrace su ina<r(.orjtvd city or (own
or any such municipal and poetical con>oratiuua *
The property of such cori<orattons and thu Uses
collected by them for public pnrp'ies are a con
sutucut jsirt and a necessary Ingredient of their pubho
power, and aru no more liable to teUuru and ule than
Hjo whole power tUult would bv. If not »o u party
nbuiuing a Judgment against the city would {* aide to
do indirectly wuat no ]>ower short of ths LegUhtUtre
i an tin—destroy tho corporate powers amt fiaachltes.
by t-liliig away the aliment which sustain* them. ’’
Wu decide ihlspu principle, and in so doing reverse
the di'uaiuti o/ lot buperlor Cutirt.
” i udg« Waiter gave a (hseuiUug opinion, and in U
he »«id;
'J inn, if. as (be State has declared, (he word i><riuu,
whueur used kt Iho tislv, of which thu Istter of Hiutu
provisions is found, shad embrace bodies curjwraiu
bud puhia;, li would seem to follow that iucorjxiratu
citie* uru ns fully embraced us if named by express
•• And yel the majority of the Court said It never w*e
tbv ttiUutluu of the Legislature (o include tuiuucipu/
cori-ofailous, and did not.
’* 'fjwo years ago a similar case came up,—(he case of
Merwln,—and the Huj rente Court, after going oyer llio
wnuls euhyevt, tkeided lu the tome way. 1 '
The ttnsndmenl aturgMted by Mr, Anthony iru
•domed by (bn Convention,
N iitncroim instances nf the lump hind ran bo readily
found uj>m examination of tlio rej>orta,
Tli" fart therefore Mint the constitutional provision
In qiiralien would seem to tin* r.a«u:d render to Include
iiri (‘“•arily all rnntnels nnd lublllln a f< r the pay
>.n nl of money, |h of ne cmweqtKVtce at all. when wo
i •Min fit r.uiniiliT (lie purpose of Hie provision nn.i (he
i i an lug attached (n u. us (Iceland liy its framers, tho
■i. Mninlve eous.’quenei h which mli<ht result from
giving (t n different meuilmr, untl the doi«lon* of
trims, which have hid similar provisions b( fore then.
(hat no romity, city, etc,, shall lx> allowed to brrmuo
Indebted to an amount, including existing Indebted
m s. In the aggregate, exceeding r« ncr com i n iho
value of the tatnblu property therein, etc. Tint any
county, «-|iy, elc.,lncurring any Indebtedness a< nlore-
I’Md. shall before or a* the llmonf doing so provide
for tin* code dlnn of n direct annual tat sui!b'b'Ut to
pay the Interest nil such d-dit as It f.i'U duo. nut abo
to jay am! discharge the principal Ihireof wlihln
twvnty years from the lime of cent.-acting iho s*me.
Doth clause* are to bo constrm d together, ‘iho last
clau«o lllnslratotliu meaning ul tlm fir*).
The indebtedness for the payment of interest ami
Principal of which llie tax is to no levied, Is the lu
iKMidnifS referred to in the firs! clause, and that
must be within me p« r cent limitation. Imlehtel.
ness beyond that iumtatlon cannot be incurred under
auv clrcumstam < s.
If a rlty be entirely free from debt It Is still forbid*
dm to create imbd lecineK* without providing Iwfere
band, or at (he time, for (he collection of an annual
tax to pay (ho inbred of such debt as it fulls due, ami
the prim Ipal wlihln twenty years,
Now thutavts lu run with the indebtedness, to lie
fixul in advance, and to l»j collected uiiuuully lu
amounts sutlleieut t>> pay the interest as U nocrues,
and itio i rlnrlpiil within twenty yean. I’sti iho lu
ilritidiicss to ho provided for in this manner bo con
strik'd to bo
anttutno rrr a rrs*nr,D r>rnr?
Hid It been intended to prohibit the Incurring of ll
abilities In Advance of Iho ordinary tax levy, would
MU (he language have occti dlllVmit, or rather Would
not another provlelou have Ivon Inmrtcd applicable to
the particular case ; as that no llvblllly should la) in
curred for the ordinary ettv cx)vudUurcA mill] nfivr
the levy of the taxes, in mso the '• per cout limitation
had not previously born vice Med, nnd In case that
limitation had Ueu exceeded uu such llablllUcs should
be Incurred at all.
Hut if these ordinary temporary llablllllrs ore cov
rre»l bv thn word indebtodm***, they must be estimat
ed lu determining tho question whether an ivmo i'f
tvuds la within tho amount authorized by tho Consti
tution or not.
Let us suppose that in one ot our cities thn iasti.ln
properly amount* to fiou.iv’o,o id, and tho funded debt
to t;i,iioi»,W». Tho city make* its appropriation for a
particular year, lurluditig tho amount ut J.*,d o.oco for
various public work*, Acnoobhmiscf, bridges, engine
hou*‘ h, sowers, w.itir-pljo, tin., for which appropria
tions a Inx Is kvltiil payable thu saniu year. .\a Hu so
aru work* of nm'vsil}’, contracts aio mudn for them
payublu from the l riKceds of iho tax of the year. At
this time it is umnod Irniorlant to build n city
bait, or make sums other hrgo outlav, and an addition
of say U.WOOKJ 1* mado to tho bonded debt. If tho
contract* hn*cd on tho appropriations for the year is*
excluded, this ludobtoducss would bo lawful; If those
contracts Lo Included us a part of Urn indebted
ncn<-« of tho city. It would be unlawful and
the bond* worthless, iMKmise in excess of tho amount
permitted by the Comdltutiou. Would any intelligent
Court for one moment consider Hid amount of tho
contracts payable oat of the tax levy for the year a* a
part of tho Indebtedness of the city ‘.* No Court would
give so absurd a construction of the Constitution.
Again, ©very obligation resting upon a city or j-erson
to pay money already earned Is a debt. A city has a
funded debt exceeding the limitation when the Coq-U
--tutlnn takes effect. If this provision uto bo under
stood a* only limiting tho bonded debt, no surloiu dif
ficulty onsute. Services arc rendered, contracts made,
temporary loans previously authorized by law nro ob
tained as usual to defray the constant expenses of pro
tecting thu lives and prop rly of thu Inhabitants, sud
maintaining thu varied and imp wt-iut function* of
municipal existence, and nil the-o i-xpendlturcn uro
paid for and thcnccounla closed upon the collection of
the taxes of the
Hut If the i rovi-lou prohibits tho incurring of any
liability fir tho payment of money.
by those who should have been and supposed they
were the guardians of tho rights and interests of lis
inhabitants. Nearly a year must pass before the rcr
«mica can bo cullcctcd. Money cannot be borrowed
for ordinary expenses, xulllur can a lawful contmet
bo made with any one to serve tho sorisiratluu. Police
men, firemen, Hclim'l-teachcrs, cannot bo paid if they
render fervid", localise it was unlawful to incur an in
del.tedticjs to them, uud the cliy mid lls tubal Hants
are surrendered lu anarchy and disorder, If not to
No such meaning ob this cun bo found by tho rofleef
ing Jurist iu this wise and useful constitutional pro
It follows that the pra'llco of anticipating tho col
lodion of thn revenue of u particular year hy con
tracting fur tho performance of public service.!, or
borrowing money in order lo pay for these service# in
cath, however liable It may be tn abuse.
Tho great importance of the qurajiini, and the
magnitude of the loans which have been made for tho
tej porarr convenience of thin city. Justify mo in glv-
Uj,i tho history *>f tht« cosstUntlunnl provision. Btich
tiinds from the proc-Mlng* of tho Convention as
throw light upon it, with lu important Judicial de
cision, directly lu point. 1 have also procured, and
appended hereto, tho opinion of tho Corporation
Coini't.l, him.-Lif u distinguished juris!, with many
years'Mpi Hence on the Ituich. I may say that Him
fame conclusions were readied by hu eminent prede
cessors, thu Hull. J. O, Norton, whoso loss wo have
recently lieeii tailed on to deplore, mid the Hon.
Murray I*. Tulcy, an well a* by KgU-rt Jamieson, L»q. t
('fly Attorney, who has careluhy examined thu tub-
fortunately the purpose ok tee provision
and its imaulur, ns uudcrtdood b> ita framers, ran l»
r. ullly osc< named. Allibu debatisaud prucctdlngs
< f the Con«!iMi(l<<Wjl L'ouvunthut show that (bo pur
pose was to | r Telit tho ImproviJcnt Inerca'o of per
manent or fundid debt, nnd that by tho wonts "debt ’’
und " Indebtedness ’’ they did not tue.ui to iuctudu li:t-
Idtilii a created in cou.-cquoncu of appropriations and
within thu limits of tho revenue accruing tu meet
On tho 7»h of January, 1370, tho Convention adopted
the following resolution;
Jh null'd. That tho Auditor of this State ho requested
to furnish tu tho Couventtou alt Hie Inform.dWi in ids
pcswcsHion upon tlio subject of State, county, town
ship, aud municipal indebtedness and also all corjgr
ille in hbU'diic*.- 1 , in urtxd under tbu laws in relation
tu public erltnnU lu tbiß state.
lu cuniplinnco with this resolution, the Auditor sent
in a statement. No. 1, of the debtor tha State of Illi
nois. as it existed ut thu close of thu fiscal yoar ending
Nov. fit), IseJ». In this statement is specified the
botidM debt, nnd the school, college, ami seminary
funds, but none of tno largo liabilities covered by np
i ruinatious from the revenues, as for printing and
binding, and tho erection of publla buildings, includ
ing tho Htato-llouse.
hlalement No. t! showed tho dohl uf counties, (owns
aud townships, and titles, classified and arranged with
great care, with a column headed “Railroad subscrip
tions not yet debts,” This statement also excludes all
appropriations and liabilities incurred m anticipation
of tbeannual revenues.
No objection wua ever made to this report for not
Including tho Appropriations and tetniurary loans
mad* in anticipation uf the revenues. ,
Boon utter the meeting of tho Constitutional Con
vention, being a member of (bat body, 1 introduced
the following, with other propcaltlous:
Bio. 1. Taxation by thu BUto shall bo limited to
percent, by couuliM to —per cent, by towns to
percent, and by cities and other municipalities
(o——per cent auuuUly of (bo m-SeUed v*hm of
property. Special iwemmenU ebaUuul bu unreason
able or excessive.
Sec. S. No county, Mown, city, or municipal cor
poration, shall havo power to borrow muiier *> us to
increase its indebtedneas to a antn boynml per
cent of tbu aggregate assessed value of (he properly
subject to its jurb.dlclliiu.
On my motiou, this fifth section was referred to the
Committee on Ktate, County, aud Municipal Indebted
nets, and was rcj»»rleti back by them lu the following
form, tu ths exovt words uf the lowa Constitution :
Bkc. t. No county, dty, inmiicii>al curjiuratloii,
township or school district, shall In allowed lu become
Indebted, lu any manner or for any purpose, to un
amount in thu aggregate oxi.-codii.g 4 jwr coutiim on
the value of thu taxable property within such county,
city, munk-lpul corporation, township, or school dis
trict, such taxable proptrty tu bo usurtuinol by tho
lad hiato and county tax-lists previous to the incurring
of such indebtedness.
Any county, city, municipal corporation, township,
or school district incurring utty indotdcdnws os afore
aalu shall, before or at the emu of doing do, im-vldo
for tlio collection of a direct annual tax anill4fnt to
puy tbo InlcriHt on such debt us it falls due, and also
to pay aud discharge Uin principal tln reot within ten
years ftom thu time of contracting tho sainu.
It was finally adoued by tha Convention, with (bo
addition of tho wonts “Including existing indebted
ness,” Inserting “twenty years” Instead of “ten
yours,” but with no other material change.
Tbu second auction uf thu report of the Committee
on titate, County, and Municljal Indebtedness was lu
th«*ii words:
bee. 'J. The Stale resy contract debts to supply
caMiul delicti* or failures In revenues, or to meet ex
ptu.«it not otherwise proflded for, but thu aggregate
amount of riit-li debt, direct and contingent, whether
contracted by virtue of 0110 or mnro act* of IhuUcn
eral Assembly, or at different periods of lime, shall
iiorer ciwud thu sum of and the money
arising from thu rruatlon of such debt* shall hu ap
plied to thu purpose fur which it was obtained, or to
repay the (Uussu contracted, and to no other nur
jhino whatever.
Wuilo thu section was 1 icing considered, Mr. An
thony said, “Thu language hero used 1* : ‘Thu tutu
jiuy contract debts, . ... an appropriation by
the legislature and i* tax levld to meet the saiue,
would nut be Ineludod iu Hits Uiigusg>V "
Mr. Itirc said: “The solo and simple object of that
provision is that the tUnml Assembly *hull not have
the power lu|iJwlg« thu credit of the Slate, or con
tract debts lu nice** of it* resources or loVenucs over
and shove fdStMiOO. . . ,
“ My view of that la, and I think it is a natural and
rational one, and Ido not in hhw ouy other can 1.0
given of it. that it Is a limital.ou. not up.ui the imu r
to appropriate, but to thu pour to contract debts
when we have not got the money lo pay thvm uur (ho
means provided to raiso il; and that U exactly what
the language muaus, 11
Mr. Coolbaugh—“ It Is perfectly lugittmuto under
that section fur the General Assembly iu make any ap
probation, nut exceeding in the aggregate tbs estluui
t d amount of the revenue to Iw received into the Huts
Treasury during thu term that thus* appropriation*
sic made to cover."
Mr. AlUn, of Crawford—" How can the (lenml
Asseutbly citale a debt growing out of deiiciem ie* lu
tha reteupu V It is by exceeding (Lu uiuuuni of rev
cuus levied and colteeUd. Then only aituM ihu
necessity of coulraetlng a debt to supply * dcAc.i.
. . . We say to thu Legislature f ‘ \Shcn you cum
uiruceappioiriAiiug munt-y, no matter for wh it pur-
P we, win Uur f»r thu ordinary rxi«useHuf the tb.v.
«rnu.iui, wheAher lo,internal improvement*, or tu tho
building up of educational institutions, you mutt
remumUr that U you appropriate to thu extent of
fi'/O,ouo uiuru than you have revenue, or wui hxvu
ivU'UUu iu thu Treasury to pay, you are LI mi led from
borrow.mt money or issuing bonds to supply that
casual th neb
contains Uis phnso "become indebted,*' Instead nt
"eioaioadcbt." ll.iih ex; rcssimm are sul-slantl illy
the same. A« Hits sc. ihm was considered last. It was
not dtvmcd ni‘i-fs«arv In repeat the « ij'laniti. n. so
fully pio ruled l>y various members win u the so mud
e-vll'in wis under consideration. IUH tho remark* of
Mr Malms, of Lake. and < f Mr. M'Oor, Iho Chairman
of I lie Committee nuking the report, gave * clear* ml
decisive etjusiruclj. u to tinwords, whteh was not
nftrrwarts questioned t’y nny member of the Conven
Mr. Haines said: “This related to the Indebtedness
of I lose nmnll.il corporations, I do not under*
M 1111 1, os (lie g< mlctuau (rum Tullon (Mr. Ilus<) dues,
that it relate* I ■ the ordinary expenses of these cor
poruti«»r.s. If It Invomo necessary to repair or rebuild
n l rlitfr* in his o«n cuimiy, or )u any other county,
lids Mellon does not place any restriction upon it, or
rchtetoli in (lie hast degrees or to a court-house, or
nuy expense that s in'iui 'tpal corporation pros ill to
Incur, or levy a tat for tho payment of during iho
smioyear, It ts quite competent under tblß section
to tticur such expenses, by the r;ilo that has been es
tablished by (hn courts of the St lie. . . ,
M Tula due* not reach these eases; It relates (n the
imlct ted ness »'f Huso corporations. A man whom ik
a contract la buy apiece of nml pays his
money, discharges the obllgattou ami there is no ea
tsting Imicbtciluess. A muiiiriisil corporation that
makes n contract, audita the Mil, levies a tax, mid col
lects it during the same year, pays for It at the Huio of
the contract, and makes no debt at nil. An Indebted
ness Isa Continuing obligation to pay at a future day.
This provision Is to reach a funded debt, it d>v a not
reach the cas*» of th* current expenses of tho-e munic
ipal corporation*. In that view I think It Is a wry
reasonable provision jK-rliapfl ; but I should like to see
thM section go further, and pnscrlbo according to iho
policy of our statute, to-day • that mon.y
for current expenses shall not bo raised
to oxcud a e.rtnm per cvuluui during each
year. I would tike to seo that prlnclplo
engrafted upon this Constitution, And thou it will bo
complete for mo. Hut thi*, to iho a couunou saying,
which has been used so ofl«u dial I may now uso it
myself, la Him fighting n windmill. Individuals hare
tbalr manner of |<ayuicnt, which la on delivery. Mu
nicipal eiTi'oralioUß, In Imitation of that, pay during
thn fl'cal year, which la payment at the time of mak.
lug the contract, and tb.a provl-bm does uotrclaloto
tuat prlnclplo of exi'cnvc* at nil.”
Mr. McCoy—Mr. Chairman. K was not Iho intonlion
of IheCommllteo of which I bare the honor to bo
the Chklrman to Interfere with the assessments of any
county, city, niuuhlpal corporation, township, or
school dlstrl. I In tm* state for ordinary expenses, but
U did doslro to put a limitation and restriction on In
debto Incri, amt that. If created, a irovislon should
be mailo lor payment thereof, oud that the people de
The construction placed upon (his provision, by (ho
member* of the Convention, has been fully
flrsr.MXEn nr tub hiohest judicial AtmtoniTT.
Tin; sectinn aa reported from llio Omitnltlio mi
Municipal Indebtedness was copied verbatim from tho
CmiHiitniUni of the state of lowa. Tho only material
clunga made 1»y ttio Cmmitlon wan by milling the
wot da “ including rtltling Indebtedness.”
The provi-lon of thu lowa Constitution cnrao before
tho highest triunnal of that Stato, thu Supremo Court,
ami was adjudicated ujmii by them, nt the Juno term,
ls;j, ou appeal from the Scott District Court, lu the
ci"e of (Irani tb. Tlio City of Davenport, reported tn
::tl lowa llojxirl-*, ]>. U'J*.
■J'lils was an act tun brought by Jamrs Clrant and
others, citizens and tax-payers of the City of Daren*
pert, against the said city and orticrs, to restrain tho
city from carrying Into effect a certain ordinance
passed by tho city, Uoc. t, 197 j, on the ground th.it thu
said ordinance Is unconstitutional, because il creates u
lirger do! t than the Constitution allows, etc.
The valuation of said city for Stale and county pur
poses was loss than |l,uf)o,<<oo. The debt was f.1..0,iXH1.
See, 1 of the crdinaiiLo grants to certain parlies tho
cxciusivo privilege for twenty-live years, uud an equal
privihgu tiureafior with all others, of supplying tho
dtueus of said city with water.
See. II provides for payment to Bald company, by
the city, of an annual rental of S9O fop each Arc hy
drant for tho first lire years, fit) for thu second five
years, fjO for tho third live years, and $lO thereafter,
payments to bo niadesemi-anmmUy 5 thu rent of said
uydrants to commence us suuu os said iu.o hydrants
are realty for use.
The defendants demurred to tho petition of the
plaintiffs tn error,
Tho Court below Hiistalaed tho denmrrw, to which
ruling the plaintiffs excepted and appealed.
C. Whittaker, lor tho appellants, cited Kcott rt. City
of Daveaport, to show that •* a debt Is created when
i>uc person binds hluibelf to pay money to another. A
party becomes indebted when he eaters Into an obliga
tion to pay. A debtor 1b one who owes a debt, he who
may ho constrained to pay what bo owes."
He urged also tint tho ordinance created a debt.
“The Constitution dcca not say that a tnunidjud cor
poration shall nut become indebted by bund or note,
but it says, iu any nuanur or for any purpose."
The opinion of tho Court was given by Judge Colo,
win said s
Uur l.’onslitutlon declares that “no municipal cor
poration rhall bs allowed to become indebted lu any
manner, or fur any purpose, to an amount, tn tho ag
gregate, exceeding f> per centum on the valuu of tho
taxable property within such corporation, to bo ascer
tained by Urn last HUte and county tax list#, previous
(u the incurring of such ludoblediuas." (Constitution,
Art. u, Hoc. y.) Tho plaintiffs aver in their
tup amount i f tho taxable property, uud also thn
iimouut of the city indebtedness ni*m uonds executed
iu compromise of u previous bonded debt, and snow
by expnex tvermenl that liiu present indebtedness of
the city i# in excu*s of tho coustituUiual limit. The
direct question U therefore prc-cnlcil, whether tho
orditiauco and Its acceptance, which together consti
tute a contract, create uu indebtedness by the city, iu
(he sense of that word as used in the U uistitillion.
Slo have heretofore recognized und adjudicated tho
right and duty of a city to retain und nppiy Its current
revenues tu tho payment of its proper und ordinary
curruutuxiwiuei. Tho right to thus apply tho cur
rent revenues to thu defraying of ordinary expense* Is
grounded upon ilio fact lint such a course Is abso
lutoly meescury to the Itfo of the municipality and to
the successful accomplishment of tho purposes of its
creation. Any appropriation of thusu revenues, tberu*
fore, whether by ordinance or by contract, tu tho pay
ment of thu ordinary expeuais, would bo, beyond
question, it seems tu us, both reasonable aud proper.
And If tho tbe appropriation was made lu ulvauco of
the receipts of the revenues, tho action would bo Just an
legitimate; bocauro that tlio revenues will received
is a legal certainly, And again, If tbo appropriation
wan n.ado In advance to pay t.-r tervkca to bo rendered
or armies tu bo furnished, within the scope of proper
and ordinary expense*, tbo payment to bo modu upon
tbu rendition of thu services or thu delivery of (boar
tide*, no question could urlso us to tho propriety or
legality of such a course, regardless of tbo fact
whether the city mis indebted tu its maxnium limit
or not; and this l.o:au*e the right of the city to thus
apply lu revenues. notwithstanding Its indebtedness,
is u part of tbo well-settled and expressly-adjudicated
Jaw of tbu .State. ....
If it can ludueo individuals or n corporation to con
struct and maintain euch w< rki for the uro ami bene
fit of tbu municipality and its inhabitants, aud can pay
a Ju»t and fair rent, as agreed, out of its current rev
enues, end can also, out of meu revenues, j«y Its other
ordinary exj eases, we can seu no tmiUciout reason fur
holding that an agrcemviA la pay such nut, cither
weekly, monthly, quarterly, or annually, creates an
indebtedness against tbo city. If It did create an lu
dcfitcclno-iH, then an ordinance providing for tbo pay
ment of tho salaries to the ollici rauf the city w.iuid
also create an indebtedness, and would be invalid,
where tho maximum of Indebtedness bus also boon
reached. And such a construction would also render
Invalid uvurv contract for the delivery of lumber tu
repair a bridge or a sidewalk, or fur tbo employment
uf a laborer tu work tbereon.
Ftom Ibw.o iilustratloiis, as well as from tho plain
and practical meaning uf tho language of the cuustilu
lioa il luhlbltioQ, Uia true rule and just Intorprutalion
Is evolved, to-wit: that when the contract made by thu
munlei; al curixirathm iwriolus to lia ordinary ax
petiaes within tho limit ot Us current revenues, and
such a[>ecial tuxes as It may legally and in good faith
Intend to levy Uurofur, such contract docs not consti
tute “(ho incurring uf an inilebtediiisi '* within tho
meaning of the constitutional provisions, liively vs,
the Town of Cedar Falls, vt lows, try?. ...
Upon a full examination uf tho rase, wo find, •« did
(he learned Histtkl Judge, tuat no rigid of action ex
ists, and therefore order that tlio Judgment of the DU
trti t Court be aiUrmed.
NYlihmit prutrscllng the argument further, I think
Uis clear bvyuud question that our temporary loans
an* fully authorised by the Constitution and laws of
the utate, conMltuto a Just and valid claim against the
clly, and should bo repaid with scrupulous fidelity as
they mature.
Judge Dickey bu submitted this report and hi*
opinion to thu lion. C. 11. Ltwrcueo, cx-Chlcf-Jindke
ct iho tiuprento Cutlet, (ha Hon. W. V, Cloudy, it. F.
Ayer, E*q., Charles 11. Morse, Esq., Francis 1). Pca
body, tup, the Hull, Charles Hitchcock, President of
OiuLitu Constitutional Convention, and the Hun. c.
Ihvkwllh, ei-lintgc of thu Hupreino Court. gentlemen
of thu highest standing iu thu legal ptoussion, uml
Hiclr responses upj roving our cotiitructiou of thu
Constitution are presented herewith. lU-spoctfully
submitted, H. H. Hates, Comptroller,
CITT Law DuuurUKET, Ciucauu, Auir. 31, 1875.
Tin Hon. <ff. H. Huj/cs, Comptroller: in answer to
your letter of Aug. !17, lust., referring to the supposed
legal effect of Hoc, I'J, Art. IX., of our Constitution,
upon the practice of borrowing money fitiu Umo to
Unto (forutiruo nut lunger than to the Ist of Juno
next thereafter), for making monthly or other pay
ments, required to bu made before tho collection of
taxes cf any given year, as provided for In See, 23 of
thu act on that subject of Feb. 13,15C3, as amended ly
Sec, 7 of (be act of April 19, liW9, I beg leave to say •
That us I understand this practice, U U merely a
tnodu of s)>jilyiug thu taxes of any given year to tho
current expenses of that year. It so, by so doing 1
llnuk tho city docmiut thereby “ become Indebted iu
any mauiivr or for any in ihu sense of tiicau
Words as used lu ihatsiOUuu of the Constitution.
A provision is found tu tho Coniiilutlon of the Htatu
of lowa wtitch, iu su far os eutieerna mi* question,
iu the precise words used in our Constitution. Thu
section in uur Constitution Uin these words: “No
(u-uniy, city, (owiuhlp, school district or othci]
municipal ciTjHirulh’ti shall bt allowed t ) bo urne in
debted. in any manner or for any puri-oae, to an
aiiiuuntfl [lncluding existing indebtedness] lu the
aggregate exceeding 5 per cent on thu Valiiu of thu Ux
ahlu property ((hurt in], to lu ascertained by Ihu last
(iisrisstueul for Htatu and county taiu>J prut ions tu the
incurring of such indeUcdtKas." Thu language of ihu
lowi (‘"i.stltutlou is In chj tumu wordj, vi.duding ihu
Word* i luvo pl.rud in braekets. and substituting thu
Word* “ within such corporation," instead of ths Word
"therein," and also suo.uiutilig thu words “ Ktuta
si.il county tux-ilst*,' 1 instead i f the words "asses!-
n.tul fur Htatu and county taxes," used lu uur C'uusll-
Union. There is no difference wluietcr iu tho mean
ing and force of thu two Constitutions, and thesub
fclsm o of tho language Is the aaniu.
Thu quesliuu of ihu true legal IntorprcUUun and
Construction of this provision hi* been disposed of by
the b ipremu Court of lona. I am not aware of sny
decision of our buprumu Court on the question, but
» so chair and cogent that there Cau be huh) doubt as
!o what onr Court will tiy 1/ rvit called upon to piss
ii|<< itt Ilm same,
Tho Hitproiua Court of Tow.i, In the (••»•<> of Oraid V*.
tlio City if Davenport, will low a It., mi. Iu« It down
ns sound law that ovetV city, without ngjrl to the
annumt of Its In lolitrilrn »«**, Ini the l.nvfnl (o ap
ply IN rnrr. nl revenues lo tlio p.ivment of its proper
nml ordinary current ixj'insrs, and that such appro
priation of the rrvi linen may lawfully bo made in ad
vance of Ihe collection (he revenues.
That *M«» related toe control made by tlio city
with the Davenport WHor Company to furnish llm
city with water fur twmty-flvo jews, for annual in
slMlntenls, to 1m paid l.y the city, twulnnimr with
Sh'i.i) m n year, providing n U iMltlv "|« jmy In the ag
gregate An amount whlJi would go l*yoml tlio consti
tutional limit.
Tho Court holds that l supply of wall r Is necessary
nml the coat thereof nine* properly under the head of
“ordinary expenses Pat If the installments In W paid
under suchn contract tm (with the other np.-c-**»ry
nnmil «XjK ii«P!t of thei llj) bo paid out of its current
revenues, tha contract 5,1 pav swell liistallmenls doe*
net constitute an tmlobiediicsa wlUilii (ho meaning of
the Constitution.
Tho Court »ay that tin true mlo evolved from the
Constitution in that w wro a contract pertains to tlio
ordinary (Ip. uses of Hip l ily, mid the |aymcnl« In Ik>
made nn 1-t it are (lORi ther with other IlUo current ex
penses of the eltv) within the limit of the current rev
enues of tho city, and such special tnven ns tt may
legally levy, and lu Rood faith Intends to levy there*
for, siirh rout met dues ti"l constitute “ the incurring
of indobtoduoss " within (ho meaning of the Couititu*
The Court say, In (mbst-incc, that any Other view of
this cmDlitutimml provision would rcud<T Void in all
cuts an oMlumioe proridlDg for (ho payment of tho
sal irici of tho city uilU'cth wtioro tho el'y is already in*
d. liloil (u tin matlmuni limit, and that upon tho grunud
Hint (he agrcrniPiit to piysalnrlcs conrtltiitfs an In*
dulitednrpo 5 (hat any u'.licr view of tho Couatitntloa
would lu nil cares, w here a cliy I" ludchlcd (0 Its cun*
rtltiithm;)! maximuiti, render Ina*alnl every contract
for iiiMitl.U or labor to tnako tho luaM rejiatr of n
bridge, sidewalk, nr nrert, iiowevi r nccrFiary, and this
nlthoiigh tho current revenue.) of the city were ample
to pay all Us current nml ordinary expense*; and that
under any other construction, a city (already Indebted
to the coiir-liuilf mal limit) could nut even contract fur
tho use of llm most necessary public ImiMiiuis without
n prior levy ami col’eeilou of (ho revenues uud tho de
posit of the fniids In tho treasury.
Tho Court ray that tho Constitution docs not moan
gives n bond providing for the fiituro payment of such
debt, this dots nut crests such debt; nor would it cre
ate n new debt within the meaning of the Comditution,
if tho city already owing a lawful dnbt should borrow
money and pay tlio old dobt therewith. By so doing
the cliy would not “become indebted" in tho sento
of the Constitution. The form of tho indebtedness
merely in ctiannrd, but n dobt is not created,
Thu application of revenues, for which Uses aro in
prorcas of collection, to tho payment of thu current
ordinary expenses of n city, lu advance of (ha collec
tion, is merely disposing of a chcso in action which
the city alr< ady hjß. and & city by so doing dues not
•• become Indebted ” tn tho sense of the Coustßiitton.
If, therefore, the city ban become lawfully liable to
any one for uuy part of its ordinary mid necccuary cur
rent expense*, and the muolle. led revenue anticipated
in BUlUUeut to cover this and other necessary curnut
oxprusio, the cily may lawfully give to •mb person a
written promise to pay such liability at any time uot
beyond tnc Ist clay of tho next June; or ttierttyroay
lawfully make a U mporary loan of some other puruon.
aud with the money borrowed pay such ilibllUy, and
give to (be lender a written promise (o pay the money
to him on or before tho then next June, mid by to do
ing the city does not •* become Indebted " iu tho scubo
forbidden m the Constitution.
Tho conditions essential to tho legality of (ho trans
action arc, that Iho money is to be applied to some
I urlioa of the ordinary or necessary current expenses
of the city, aud that this liability (together wilt tho
other ordinary and necessary current expenses of the
city for lhat year) does not exceed tho current revenues
of tho city anticipated for (hat year.
The city olQccrs authorized bylaw to transact such
busmens aro necessarily the persons authorized by law
to Judge and determine whether tho essential condi
tions exist, and tho li mb* need uot look further. It
is snlhcicnt for the validity of such loau certificates, in
the hands of bona (Ido holders, tint they have been Is
sued by tho proper otlicors. This latter principle has
I»ccn thoroughly established by repealed decisions of
the fchiprtmn Court of tho United States, llo*p«ctful
ly, X, Linn Hickkt, Counsel to tho Corporation.
In my opinion the construction of tho Constitution
presented in the foregoing communications of the
Comptroller anil the Cmmael to tho Corporation U the
true legal Interpretation thereof.
\v. c. tioirnr,
11. I'. Avi.lt,
Chicago, Sept. 4, 1873.— The Hon. T. LyU Dickey—
Dear flint I return your opinion with the indorse
ment I do not see (hat there can Ikj a reasonable doubt
about tho question. i’oura truly.
Charles Uitcuoock.
Chicago, Sept. 4,197*. *7ib lien, T. Ly't Dickey—
Dean Sin : I have carefully perused (ho opintinsnf
yourself and tho ilnu. H. 3. Hayes. Comptroller, lu re
gard to city ludo'JtcducflS, etc. 1 have given u careful
reflection to tlieeubiiv't to which they relate. 1 fully
concur with you lu jour views. ipjspjetf idly,
Ctunu-S 11. Mouse.
Chicago, Sept, i, 1 ‘■7.7.—771* lion, T. f.ylt Dickey,
Convention Cunn*il Ctii/ of Chtcaijo — Dtan am. 1 1
have examined the communication of tho Hon, H, H.
liayrs, Comptroller of the City of Chicago, relative to
the power of tho city to borrow money, and your
opinion in reference to Iho mine subject, ond can say.
substantially in tho laugungo of the Supreme Court of
tho Statu of lowa, that I hate no doubt that tho city
bus the lawful right to apply its current revenues to
tho payment of Its proper and ordinary current ox
peusus, and Inal such appropriation of tho revenues
may lawfully tie made in advance of their collection.
The appropriation of sneh revenues by a temporary
loan based thereon is not, lu my Judgment, an ludebt
cJncia within the meaning of tho constitutional pro
vision prohibiting thy incurring of liabilities beyond a
ccrla c amount, 1 am aery truly, your obedient ser
vaut, C. lixuawmi.
(Sow iho Stale llimrd l*n rposus to Tuck
It on to Cook County—A l*er»ouul
Cipfial DUvnfch to The Chl'aao Tribune,
Sphtnofiku). 111., Sept. o.—ln tbo Board of
Equalization this afternoon. tbo Committee on
I’crsonal Property made a report of additions
aml deductions. Tbo Committee add 80 per
cent to personal property In Cook County.
These reports bare yet to pass through tho.Com
mUtco on General Equalization, and tho figures
will bo materially changed. In fact, tho reportq
aro only a basis from winch a perfect report la
to bo mado. Thus far, individual Committees
on Lauds add 70 por cent to tbo lands
in Cook, C 5 por cent to town lots, and till as
above, But, in each of tbeso reports, a surplus
or dotlcioncy has boon created, which, In tho
language of adopts in equalization, must bo
spread bade over tbo coumioa in each class, so
that no rcliablo report can bo given until it
passes through tho bonds of tbo General Com*
mittoo on Equalization. Tho llailroad Commit*
too cannot report until to-morrow, and thou tho
report will be imperfect, like the others. Tbo
Committee on Capital Block must awoit tho
completion of all other reports before it cau
fairly get to work. It is thought tho Board will
remain two weeks longer at toast.
Dming tho session this morning, Mr.Whitnoy,
of Du I'ago, arose to a question of privilege, and
read from tho Times of .Saturday what purport*
od to bo a statement mado by Mr. Dorickson, in
which ho said tbo State Board had formed a ring
to swindle Cook County, and that tho other
members from Cook wore in tbe ring. Mr.
Whitney then asked Mr. Dorickson if ho mado
tho statement.
Mr. Dtnekaon said bo never made any each
statement to a reporter.
Mr. Whitney naked him if bo mado ouch a
statement to tho County board.
Mr. Herickaoy said bo did nut, aud ttiat Mr.
Whitney was no gentleman or ho would bare
coma to him outside tho Hoard aud aultod btm to
explain llio matter.
Mr. Wliitnoy said the charge was a public ouo,
and he wanted a public answer.
Alter tho Hoard adjourned Mr. Deriokson
walked around to Mr. Whitney's desk aud ex
citedly shook bio Dst In biu face and said: “ You
are a liar, sir, and dare not resent it."
Mr. Whitney responded 1 •• You are a Jackass,
and everybody knows it."
Tho quarrel went ou, but terminated without
a personal collision,
Mr. lioricksou this afternoon expresses regret
for tho language bn used, and says bo was led to
it under excitement, induced by tho belief that
Mr. Whittier was attempting to gain sumo ad
vantage fur Hul'agu County at tho espouse of
Mr, Whitney thinks himself justified In at
tempting to make Mr. Dcrickuoii admit the
charge against him or deny it, and thus relievo
tho Hoard Irua aspersions which ho thinks un
New Yokk, Hope 2d.— Tho birthday of Lafay
ette is being celebrated by Trench aud Ameri
can ciiiaoos at the Suburban Park.
Tho live days’ festival of the Platte Dcutscbers
was begun this moruiug by a grand street pa
rade and review by the Mayor and Aldermen and
(lermau Consul. iJylegatiuna are ncio from
Chicago, Milwaukee, and other cities,
Sv*tia ( Ihipatrh to 7V« VMeaoo Trihunr.
Fort Ways*, Ind., Kept. C.—Extensive prepa
rations are being made here for tbo reception
and eutcrtaimu'.nt of tho Texas editorial ex
cursion, which will airivo at 2 o’clock to-morrow
afternoon from Chicago. The visitors wdi be
taken to the leading points of interest about the
cay. aud iu the evening a grand ball aud ban
quet will take place.
Ifssii la ray bosom healing
Fierro ns a power at hay,
Ever thy role rr| oiling,
l.onili r. ninl linn ruinating,
Who shall Ui) tiling sway f
Over my will, ntnl under,
F,dually king and slave,
Honicilmcs 1 hour ihee thunder,
H.'imr.lm.■« f ill tmi 1 blunder,
Close to tlio waiting gravs,
Oft In the beautiful season,
11-MV-m 1 bon ml, and wild 5
Oil, wilh never a reason,
Tnrn.Ki niiil docsl mo treason,
Treating the mau aa a child.
Cold when passion la burning,
Quick when t sigh f«r reel}
Klndisr of I'Crlsti*) yearning.
Curb and government nmirnlug,
Thim art turd of tho brent.
Cmc.voo, J. U, B.
A popular belief baa loop prevailed that tho
mnrringo of first coumns is attended will)
lamentable rcsulta in Iho insanity of tbolr issue.
This belief in nob warranted by tho facts, Tho
last number of the Fortnightly Jicview dontaiua
an article by Nr. Cloorgo Darwin on •' Marriages
Between First Good ns," giving tbo results of
eomo researches lio has recently mado among
tho llrel-couelu marriages of tho tipper classes
of Dimlaml. Thcro nro incidentally brought
out sumo slntislics worth repenting, such as that,
in ovoty 70 marriages ia England uuo is A
Hmilli; in 70, n Joiien ; in 115, a Williams ; In
I IS, n Taylor 5 in lOd, a Davis s In 174, a Drown?
in 521), a GriilUlis. In fac*-, it is upon those pro*
portions of fifty of the commonest names ho
bases all his succeeding calculations. Having
found If) percent of mar iages between people
ot tho samo names, ho determines what per
cent of theso aro mv.riages between first
cousins, ntnl again wha! proportion these bear
to those between llrs.‘. coustus of diitoroDt
His investigations ho confines to Burke's
•* Fcorago " and tUo lauded goutry of England
nml Ireland, and discovere 57 per coat of same
tianio first-cousin marriages, which in Ins first
factor. His second ho secures through circular!
mailed to tho name classes, piovided with blanks
to bo Illold, taking care to avoid receiving tho
aamo information through different channels ;
and though tho statistics ho receive* manifestly
umHt have boon incomplete, ho tools warranted
in taking ‘iy x per cent aa tho Proportion of differ
ont-immo uvst-cousiu marriages. From theao
ho determines that the proportion of first
cousin marriages to all other marriages is \ x / l
}>er cent., a percentage slightly increasoil among
tho upper closaoß and lowered among tho com
mon people.
Ho then proceeds to tho asylums to discover
whether such marriages aro injurious. In lids
inquiry ho seems to havo been very ably second
ed by the physicians, but his table of observa
tions appended aro cot very satisfactory, iho
testimony of tho physicians varies, hut prepon
derates against tho popular belief. Dr. Howden
goes so far as to sayr ‘‘Noitheria insanity cor
m any abnormal propensity do two plus two
mako four; thoro is always another factor at
work neutralizing intonsitloatioo and bringing
things back to tho normal.” On tho other band
Dr. Crichton Drown says that two plus two mako
moro thau four, and that svoo poteens of sim
ilar temperaments should not marry. Tho in
vestigation, Mr. Darwin thinks, showed that, in
lutiatio and idiotic asylums, probably between 3
aud 4 per cent of tho patients aro the children
of first cousins, and in tho caso of deaf-mutes
thoro is no nvidonco that tho percentage is any
greater than that of tho general population.
Concerning tho doath-rato of tho children of
first-cousin marriages Mr. Darwin turned ogain
to tho •• Peerage,” and In a careful examination
of thirty-seven families, too small a total upon
which to base satisfactory statistics, there re
mained hut tho shadow of evidence that tho
children of firat-consiu marriages jiossobb a
slightly lowered vitality, which undor favorable
conditions would show no ill offocts. This, ho
says, is in accordance with his father's experi
ments with in-bred plants, which suffer no
deterioration when allowed plenty of good soli
aud room, but perish or become stunted in
competition with other plants. Finally, his
opinion is that while certain maladies do take
bold moro easily of tho offspring of first-cousin
marriages, the evil has beau vastly overrated.
While Mr. Damn has written an article, Mr.
Iluth, undeterred by tho difficulties which have
besot marriage with oven tho deceased wife's sis
ter, has written a book, Marriage of Near Km
Considered with itospcct to tho Laws of Na
tions : tho Hosults of Experience the Teachings
of Diologv.” with a view directly to legislation,
lu this gentleman's opinion existing prohibitions
arobutiolica of asceticism. Tho first part of
the work is historical. He quotes Jeremy Tay
lor, who says the earlier the times tho moro lib
erty there was of marriage with kin, and passes
in review Egypt, where a man might marry his
sister; I’orsis, where it was honoiablo to marry
his mother, and tho Isle of Wight, where a
man is permitted to marry his niece. Of
the general theory that tho marriages of blood
relatives are injurious, it is his opinion that
evils have bocu hastily accounted for in that way
because they could not bo satisfactorily explained
otherwise. Mr. Hath follows Mr. Darwin's ox
porimcnts among plants and tho lower animals,
but arrives at different conclusions. The benefit
of dosses he regards rather as removing in
herited diseases—it Is negative, not positive, Hi
his view there aro no grounds (or believing con
sanguineous marriages injurious, while the ten
dency of rcutnotiou on general grounds is hurt
ful. and ho insists tiiat it is uot advisable to ex
tend the prohibition against marriage beyond
tho third collateral degree, and to permit ail
tuairiagcs of aifiuity except in tho direct ascend
ing aud descending lines.
Applefona 1 Journal has some carloaa instances
of good things said at tho right time. Hero aro
Homo specimens :
A certain learned man being congratulated on
his talout for small talk, said : *• it has cost mo
moro effort and study to achieve small talk than
to conquer tho higher mathematics, but 1 felt
tho desperate want of it, ana vent at it as a
Theodore Hook was ao instance of tho power
of readiness. Ho had the talent of an t/upro*
vlmtore, aud could make verses to order. He
was asked what was tho chief objection to din
ing olouo.
“ Why, tho .bottle cornea round too often,"
said bo.
On boing told that he roust write something
for tho h’ligUthman on the death of tho King
and Quoeu of tbo Sandwich Islands, ho immedi
ately wrote t
•• Walter I two flandwlcbes," said Death,
Ami tbolr wild Majesties resigned their breath.
John Van Burtfn was a master of repartee. In
making a speech, ho drew a picture of the evil
effects of a certain measure, which would bo
sure to defeat tho candidate. Borne antagonistic
politician said: “Who did that In 1818 i 1" Van
Buren remembered instantaneously that his il
lustrious father had done that very thing, hut
his quick wit saved him. “I don’t remember
tbo gentleman's name." said ho, '• but I think it
lost him bis election 1"
A gentleman who bated cold weather said:
“ It is ouo of tho many inducements to lead a
bod llfo that tho dreadful piaco is so comforta
bly heated."
Ilappv was that London gentleman into whose
lioubo Theodore Hook intruded with Mr. Torry
ou a wager, and, after dining aud making tho
company acbo with laughter, sat down and sang
an improvised song, ending with tho words t
Wo are very much pleated with our faro,
Yonr cellar la aa good aa your cook ;
My friend ia Mr, Terry, tho player,
And 1 am Ur. Thcodoru llook.
Accident sometimes brings about a very good
pun. A lady silting in a drawing room playing
with a kitteu : a gentleman entered with a print
of Corrf-ggio’s picture of the " Magdalen with
the Hkull.* Tho lady said I "800, she has Iho
tamo attitude as my kuton." “Yea," said ho,
“and. like her, shu is thinking over hur Jore
pairs (fauxpat).”
Hero is a story of Madame do BtaeVs latge
foot. Bhe went to a fancy ball as Minerva.
•• How shall you know your goddess?" said one
of her admirers to another. “Tar lo pied-do
btaol," uas tho response. Had she gouo other
wise than as a goddess she would not have need
ed « pedestal.
Alter Uon. Bcott's famous “plate of soup,"
•ouo wit dubbod him “ Marshal Tureen."
In tho year 17'Jl, there was a farmer of tho
name of Seth Wright in Massachusetts, who had
a dock of sheep consisting of a ram and some
twelve or thirteen owes. Of this flock of owes,
ouo at tho crecding-time boro a lamb which was
very singularly formed! it bad a very long body
with very short legs, and those legs were nowod.
If this peculiar build had presented no practical
utility, it would probably havo disappeared in
time—aomn of tba offspring of tho lamb inquos
lion would bavo inherited their parent's atmot
ure, but successive admixture# with the normal
type would have gradually effaced the exception.
If so happened, however. that to that part of
Massachusetts where Seth Wright wan living,
lbs fields wore separated by fences. and,
an the sheep wore active find robust, thoy
often overleaped these fences to stray into the
neighboring farms, causing thereby much bicic
crmg and quart 01. It occurred, therefore, to
Belli Wright, who wa*, llko bin siicc*HMors. more
or less culo, that if ho could pot a clock of sheep
11l s those with tho bandy leg**, they would not
bo able to jump oyer Urn fences no readily, am!
bo acted mion thln idea. 110 killed bin old ram,
and as noon as llio young one arrived at matur
ity bo bred altogeihor from it. The offspring,
no urn told, were always cither pitro Ancona i the
lio*-legged typo) or pure ordinary ahoep. Helli
Wright aopt the two t*p*>a carofnlly apart, and
allowed the Ancona only to breed with one
another. In consequence of thin, the farmer
wan able In the course of a very few yearn to pot
a ciitjHlder.tblo flock of tills variety, an I if the
Merino sbeop introduced a short time later had
not proved moro advantageous in all tcapectH,
tlio Ancon breed would probably mill cover Mas
sachusetts,— IVVafmfnritr Jinoicw,
Apart from the artificial oxcilomcnlof a wager
llioro In setno amount ol romantic Intercut at
taching to the announcement that Mr. Naims
sot out on Thursday morning upon his bicycle on
hia long journey from Vienna to Pans. The dis
tance is (570 mites, am! the route,* following that
of (ho Hungarian Lieutenant who performed the
name feat last year upon a tingle horse in fifteen
days, will lio through Kras, Munich, Htultgart,
Strasbourg, and Nancy. Mr. Naims hopes to
accomplish hia undertaking in at least ouedbltd
loss time ; and looking to what has already hcou
achieved by skillful bicyclists, we see little reason
to think him orcr sanguine. It is an established
maxim that oven tinman power would boat that
of a horse in the long run. Dr. Kltcbmcr, in his
“Traveller’s Oracle,” a work of anthorltv in
pro-rullway days, lays down tlio rulo of 30 mlloa
a«lay fora horse tor the first two da vs; and
thou, if ho is a good one, 30 or du) with a
rest on tho fourth day, to givo him time to
recover his spirits. Twice such an amount of
wort in tho samo period would certainly not tiro
a skillful velocipede-rider very much. Tho Hun
garian officer rode <lO miles a day ; but bis horse
must have attired greatly distressed. Mr.
Nairos proposes to ride continuously about CO
miles a day. He starts, moreover, in tho heals
of August, no small consideration in Hcmtheru
Europe, whereas the Hungarian traveled in No
vember. Of course Mr. Naims will ride onlv in
early morning and in tho cool of tho evening ;
ho will bo troubled neither to find stabling nor
fodder for hia steed ; and. with a fow handy
tools, will bo ready for most accidents. Alto
gether. tho bicycle may now claim to have risen
from tbo position of a toy to that of a useful
supplement to man’s miserably defective moans
of locomotion. It is truo that a seat on a bi
cycle is. in somo people’s eyes, a little undigni
fied ; but infra <Uy., as Hood says, depends very
much upon whore a man “ plants bis nig." Since
an ox-Cbancoflor of tho Exchequer has shown
that ho can preserve a balance on a vehicle of
this kind, there is no reason why tho bicycle
should not begin to gather oven dignified associ
ations, though our horses unfortunately still re
gard those machines with distrust, and n whole
population of bicyclo-ndors would bo rather an
alarming spectacle.—London AVics,
All (he Tear JJoimcl nays : Tho Marquis of An
glesea’s leg was for eomo years almost as famous
as the chivalrous Marquis Himself, so far supe
rior was it to anything that had previously been
produced for a similar purpose. This gallont
ofiicor had a log shattered by a cannon ball at
the battle of . Waterloo ; bo underwent two am
putations, ono on tho battle-hold by an army
surgeon, tho other by Mr. (afterward Sir
Evorard) Homo, after his return to England.
Thou Mr. Gray set to work. He took a cast in
wax of tho stump of tho poor unfortunate log.
transferred tho impression to tough and light
desiccated willow, and ingeniously introduced
strings of catgut to represent that (so-called)
tendon of Achilles, which gives elasticity and
propelling power. It is a groat thing to say
Unit tho log retained its proud position for near
ly torty years, uutil tho Marquis, as a
vcuorablo riold-Marubal, closed his career
at tho ago of 85— not tho same teg, of
course; for an artificial tog. like n boot, will
wear out iu course of time. As experience grew
and further observations woro made, tho original
Anglesea leg gradually made wav for a better.
The Marquis looked so well ou horseback that
the admiring public coaid scarcely bcliovo one
of his logs to bo artificial. Too string of cnlnut
at tho back of tho heel extended tho foot when
straightened; a spring inserted in the Instep
lifted the toes from the ground when tho leg
bent in walking. Nevertheless, Nature had not
sufficiently imitated iu tho first Anglosoa leg;
there was no lateral motion in tho ankle-joint;
tho wearer coaid not walk on uneven ground
without experiencing an unpleasant amount of
Jar and strain, Moreover, thuro was too much
croak and rattle with tho luotat-work, and tho
wearer had to keep near at hand a small oil-can.
wherewith to lubricate trie Joints. Those incon
veniences wore got rid of ono by cue—a great
improvement being tho introduction of a ball
and-socket ankle-joint, and another being the
substitution of India-robbor for metal iu some
of tho parts.
Tbo Boston Jonmm't correspondent in Paris
gossips about a world-famous diva. An in
discreet French correspondent save bo has visi
ted Hloppo recently md gathered (bo following
details about Adolina Patti, who is reposing
thoro from tbo fatigues of tbo recout London
season. Bbo needs reposo, for while in London
' tbo sang iu eight concerts, twonly-ouo operas
accepted forty invitations to dinner, and assisted
at twonty-flve balls. Tbe correspondent informs
us that Patti’s facility for study lias so greatly
increased (bat she finds it possible (a (earn in a
few nooks a role which others bluudor over
for months, tibo already knows thirty-four
oporos from beginning to end. When sbo
is studying, her habit is not to sing aloud
tho role which she wishes to learn, tibe
either reads or bums it. Lveu bar accompanist
often cannot bear her voice on these occasions.
It is tbo same at rehearsals. Only ut tbe last
grand genotal rehearsal does she condescend to
sing with her lull volco. Olio goes to bod late
and is up early ; at table follows no special diet,
but oats heartily three times daily, and drinks
Bordeaux and champagne freely without any
effect upon her voice being perceptible, not
withstanding a popular improsslsn that singers
should not use them. Her supper is usually
served about midnight. Tbo davs when she
sings in opera she dines several hours before
site appears on tbo Stage, and generally looks
over her rule for half an hour before going upon
tbe stage.
A young and beautiful French gill baa Jont
taken Ibo Toil, and retired to a content, under
aiogulariy romautlo circumstances. Milo, do la
Tour in a daughter of ono of Ibo moat Illustrious
French families of the proTincoa, 6bo was at
bar father’# chateau at the time of tho Prussian
Invasion, and, having been grievously insulted
by a Gorman officer quartered in the house, she
took a anlfe and killed him. Bbe was, of oouno,
surrendered to the Gorman military authorities,
Was tried by court martial, condemned to death,
and would have boon shot bad not (ho Crown
Prince of Prussia, Prodoriok Charles, secured
her pardon. Broken In health and spirit, she
made all haste to take. the veil which shuts her
out from tho world forever. The French talk
of enrolling her in tho gallaiv of illustrious
French women, and may possibly erect a monu
ment m her honor,
A Kow Jersey Granger heard a great noise
among his chickens the other evening, says tho
Morristown Herald, and thinning thieves wore
despoiling his roost, he rushed out with ven
geance in his eye and a shot-gun In tua hand, but
discovered no one about. Then ha counted hi#
fowls, but instead of soma being missing, be
found six more tutu belonged to him. Urn eye
sight being a little defective, be didn’t discover
until the next morning tliet he had counted t>ix
vigorous mosquitoes of tho Now Jersey brand,
which had been accidentally fastened in tho coop
with bis hens. "I thought thov were rather too
big for chickens whoa 1 counted 'em,” ho after
wards remarked, _____
A Paris correspondent writes s All the ladles
wear a medal or a crois, attached to a ribbon,
round their necks. Ou close inspection I saw
that these medals and crosses wore tho same as
f lvon to distinguished men for services roudorod
o ihdir country on the baUls-fleld. Ou inquiry,
also, 1 ascertained that they wero in roalitv the
medals aud crosses of the husbands of tbo ladica
who wore thou, and that it was now to be the
fashion cf alt ladies to show in this way that
thoir husbands are decorated, “bo,” they say,
“we are euro that tbi# fashion at least wui not
be copied by the vulgar.'’ •
Eaflway’sßeafly Relief
In from One to Twenty Minutes.
After reading thlx A'lrrrll'Pment need any m
Miller with imln. ‘
Radway’s Ready Relief
It was tho drat and is tho
Only Pain Remedy
Thai to«fantl/*lon«>hft molt pain*. sihr,
IntUnunnitan*. and enrol conaattlom, wliettior 01 ihl
l.tinx*. stfimch. Bowels, er other gland* or orgaa* h»
uno application, ' u/
In from Ono to Twenty Minutes,
No matter how violent nr OTcnielMlng the pain. is,
Radway’s Ready Relief
Inflammation of tho Kidneys. Inflammation
of the Bladder, Inflammation of tho Dow
els, Mumps, Congestion of the
■Lungs. Sore Throat, IB IB emit
Breathing, Palpitation .
of tho Heart,
„ ITynterlcn,
Croup, Diphtheria, Co
rn A? rr i 1 * lunuonsn. Headache,
Toothache, Neuralgia, Rheumatism,
Cold Chills, Ague Chills.
Tlio application of (ho Ready Ro)| 3 f to tho part ar
iho polo or dllhauUyealiU will affondoaM
ana oornlcm. ""
Twenty drops In half a tumbler of water will, in a tew
minute*, cnro (.rampa, Hpratn*. floor Hinniao!!. lloiru
htini, KU k Headache, Diarrhea, Dysentery, Cholic, Wind
in (ho Bowel*, and all Internal pain'. * no
, i,i. r j*fr, , r o^.*.s r .'l!'i Al ! T ? r ". c '‘ * of RAHWAY'S
JtKAhY BKLH'.K with lliem, A fnw drop* in water will
iirrront flckneMor rain* from change of » ntfr. I tit
bettor than trench Uraudy or Hitters aa a atlmiilaoc.
Fever and Apuo cured for fifty coni*. There It ooU
remedial airont In the world that will cure fe»*r and moil
mdall other timUrlnai, billoiiv.ctrltt, trpbrtd, yelL*
■ tid other forcr* Itldod bv Uttdwaj't Bill*) K
llidjnt t Uotdr iteliof. I lf(y coots pot butUa.
bold by DrujrglsU.
Slroija and pure rich MoM; increareof flesh nd welchti
mar skin aud beautiful cumploiioo tocurod to alt.
Has made tho most attonPhlng core*. Ro quick, n
rapid aro tho chmjn* i)k> body uodenroei
uuder tho Influence <i( this truly wuu.
derlul tnodlcloo. that
Every Day an Increase in Flesh and Weight ti
Seen uiul Felt.
Emydropof Iho Samparlllian tloiolrsnt oommnat
calo* turougn thu blood, sweat. urliu, and othor llillt
ami jufcox hi tlio ayitum. tho rigor nf Ufa, for U roiioirt
Ibo waste* of tho body with now and sound mat-ml
Scrofula, syphilis, omsumptlou, glandular dUoue, ulen
In too throat, mouth, lumors, tiodus la the gUuii aoj
otiicr part* of tho system, sore oyu*, atrumuruur di*.
o.iarxes inm tho n«r*. and tho of akin dlv
carer, eruption*, farrr *i»rr«, scald bond, ringworm, •«!»
rhouiu, oryslpula*. actio, black ipoti. worms in tbo dotS,
tumors, cancer* In thu wumh, and all woakouiog aad
palutul dlictmges, night av.fat*, lot* of inarm aud all
wsab'iof tlio life principle, aio uithln tbo curaUro rang*
of t hit wonder of molotu chemistry, and a few ilaji' im
will urovo to any porton using it furplthor dlacan m
potent power to ouro thorn.
It tho patient, dally becoming reduced byttaawaitee
and dccoiupusttfoa that la continually progronlsr, ȟb>
coeds In arresting tbeio wastes, and repair* tbo fan*
with now material made from healthy blood,-and (bit (hi
HaiwparillUn will and doe* rocurc,— a ourols oectsloi
fur wnon once this remedy oumnmnoe* It* work of portrt
colbm, and auuoued* in dltnlohhing tho loss of wulr*.
It* repair* will bo rapid, and crory day the patient will
font himself growing better and alrunaer. tbo (wod di*
finating bettor, appetite Improrlnjr, and drab and wclxbt
Nm only doe* tho fisrsapirilliaa Resultant creel til
known remedial agent* lu tnoouru of tlbninlc-Rcfululoot,
(•onitlliilinnal.amibkiiultscuici, but It la tile only po*W
tiro cure for
Kidney and Bladder Complaints,
Urinary and Womb Disease*. Oaro!, DUboUi, Dropsy,
■tr»|ipsgo of water, Inpaiillnouoo of urlio, Ilrlght’j dis
ease, albuminuria, and m all cues where there are brick
duslddpositi, or tuo water It thick, cloudy, mixed «Uk
auhstanoa* Ilka tho white ol an egg. or tbroadi Ilka whit*
• Ilk, or thoro I* a morbid, dark, bilious apivartnoi, and
white bone-dust deposits, and wlino there I* a prlrklln*.
burning sensation wbon passing water, and palu tba siaou
of tbo back and along tba lulus.
Tumor of Twelve Years* (IrosvtU Cured by
Itiuliraj’a itrsolront.
lIEVym.T. ft|aa*..tfulf 18, IW.
Dn, RADWXT! t hare had ursrlau tumor lu tbo orsHw
and Bowels. All the doctor*tald •• lUoco wa« uo help (or
it." 1 triad uroryihitiK (bat was recommended, but u-itlij
Ing helped mo. I iaw your Itesolraat, nod thought I
would try It; but bad n'» (atlh In It. baoauio 1 lunsal*
fared for twelve yean. 1 took *lx bottle* of m* lietutml
Jnd uno box ol Kailwar'* Pill* and two battle* ol ytuu
Icady llelltf, and lb era 1* not a ilgo of tumor to be *•*«
or foil, and I fool hotter, smarter, and banplor ihaul
baro far twolvo roan. Tbe wural tumor wo* lo tbo Isft
sldnof tbe bowels, over tbe groin. I write thla to yuo (or
tbo nuDodt of other*. You can U. H rou^ohuy*^
Frioo, 91 per bottle.
From • proralntnt gratlamao and ratldont of Claries**!*
0.. for ttio uail lurry years wall known to Uio not»»papo»
publbbors throughout tbo United Btaoa.
Mew Ypas. Oct. 11, UN- .
On. Rapwat-DsadSibi lam lutfueudby a kum
duly to itiu sulfering to luatoabritf iU«uo»at ol IU«
winking of your muJicino on nijjclf. Furtoforal je»r* 1
bad boon afreotet) with >omo (rouble In thn bUdiW»oa
urinary organ* wtilob »um« twolto months ago oaliDinsitM
In a ui' »l icrribly aifccilng di»3*»o, wtilcbtno pluifciaa*
all said wasaprustatio alnutura In the uraiba. a* *!•;« in
haniniatlnn of tbo kldnoys and bladder, and gars it a*
Uiotropinion (bat ruy ago—7j lean—would promptly
etor gelling radically cured. I bad tried a number'd
tibysfelaas, and bad taken a large oaantlty of laediemS
ioth ellopatbla and bomoopatbiot bulliaa got no roller,
bud nad of astonishing cures basing been made by jour
Ip tied Ice, aud eomo (our months ago road a notion In H»o
’lUladolpilta &i(ur<fav Bttuin* ju<( of a cure basing nee#
etTeoted on a person who had long been snitcrlog as 1 bM
been. I went right oft and g»t tome of eech-yoor osrsv
partria, Kcsolsont,. Heady Relief, and Rogulaiing l*iU*~
and eommeneiHl taking them. In IJireodays I wasgretw
ly ruriesed, and now fool m well •» oTor. .. _
U. W. JAMUd, Cincinnati, 0.
Regulating Pills
perfectly Isstelc?*, elegantly cooled with sweet I***
purgo. loguUU, purify, okanse. aud aueuglbeu.
wav* Fills, lor ibo cure all disorder; ol tea
Llvor, liu*‘it«. Kldnoio, filaddor. Nerroua l>la«*«t,
licAdaclw, IkusUpailou. CusuveuM. luJuusUou,
popsla. Ulllmanost, HIU-iua Payor, luflaramatunoi
Uuwob, Filet, and all DoraogemimUof (bo JJf
outs, Warr»ntodlo«flooia porillr#onr*.
•table, coutaLilog no morcury. min,rail, or
V*s* Obs#rre Ibe following symptoms nwulUag f*®*
DUordetaol (b.iUlgeatlTu Urgtnat ,
(lonatlpatl iu, Inward Pilot. Ifullnusof (bo hl<>ou in
Head, Acidity of tho Hlomeoh.Nauaia, Heart buru. Uij
gust of Food, Inline*, of Wright In~*J*«i o *# l iV,sijsS
ciruptiuns, hluUlogor tFlultorlug, m the Ihtof Ibo h JJJJ
avb. Swimming Ibo Hoad, llurflua and I
Ursatll ng.PluUert ogt at tnelleart. Choking or Bufly* *
log bVnsalloii « bet I fn a Ljlug V!t?/fwS
lu* D..U01 Webs, before Ibo tight, *?*staad
sauKa .arts? ssv^j^srJ
from all tbo aboto-named dlaurdora. Price!»‘« oU ***
bo*. Bold by dtuga'hU-
Kcnd **.Pnl«o and True,
Band one lellar-sltiup to RAHWAY A
Wanoo-et,, New Yack. InJwuaUua worth tbou**»"
will be test you.

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