The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-02-01
For Shipping Intelligence. see 4th page


For Shipping Intelligence, see 4th page
CITY OF BALTIMORE rs. CITY OF NEW OR
LEANS.
We announced few days since the fact of the
decision of the Fifth District Court of New Orleans
in the matter of a suit entered by the corporation
have since received copy of the decision of Judge
Eggleston, which is of such length as to preclude
our publishing it entire, but we present the follow
ing abstracts
The learned Judge reviews the position of the
parties at the commencement of the suit; thev
were co-litigants against the States of Louisiana
and Maryland, and. the collateral heirs of John
McDonogh; the causes of these suits and their ul-
innate issue are well known to the citizens of both
corporations. gH -
When these suits were instituted the authorities
of Jew Orleans passed an ordinance retaining four
OF the most eminent members of the Bar of that
city to defend the interests of the two corporations
before the Inferior and Superior Courts and en-
gagged to pay them 100000 for their services
provided that the city of Baltimore would approye
OF the agreement-its authorities were notified of
the arrangement and their assent requested. The
communication was laid before the Councils of Bal
timore, and one of the branches approved but the
other laid it on the table and took further notice
of it. Under these circumstances the cases were
carried into the different Courts, and deci-
sons in all the cases rendered in favor of the two
cities.
The city of New Orleans paid the entire hundred
thousand dollars, and seeks the repetition of the
half OF it. The learned Judge said that the case
presented two aspects:
l. Was there any assent, express or tacit, on be-
halt of Baltimore, to the resolutions communicated
to it by the Mavor of New Orleans?
2 If there not, did the action of New Orleans
bind Baltimore q?
The evidence establishes, that the Mayor of New
Orleans communicated to the Mayor of Baltimore
| fhn nSnlI ItlnTlc Of hal
mer city, and asked the concurrence of the authori
ties OF Baltimore, and requested a PROMPT answer
They were laid before the city authorities of
Baltimore, one branch of which concurred in them,
but the other laid them the table, and no further
notice has been taken of them, nor has anv dissent
been made known to the plaintiff. The evidence is
satisfactory to show, that the defendant knew of
the appointment of the counsel and that they acted
under the resolutions, and argued the case in New
Orleans and at w ashington City, and has reaped
the benefit of their labors, in the reception of moi
ETY. OF the large estate secured by their skill and
learning.
The article 1911 declares that silence and inaction
are, under certain circumstances the means of show
ing an assent to a proposition, creative of an
obligation. And the next article refers the question
OF assent to the sagacity and discernment of the
Judge These are elementary principles which re-
qure buttle elucidation to show their apncation n
the case at bar. Whenever contract has been made
for another, he must, when notified of it. ratify or
reject it Immediately, otherwise he will be presumed
silence lnactlOn
Flowers as. Jones, z, U. S. 143; II, S. r. 2SS; 5
Rob-, 81; ID. 20; %, R., 551. 1t has been decided
that when person, having charge of fund be-
longing to an heir notifies him that he is about to
erect tomb and he does not object he is presumed
to ratfy it. 49, L. R., AIS. See also H. L. R., 2SS.
Another illustration of these rules of the Code is
that If an owner of property stands by and sees an.
other person sell incumbcr it, without setting uu
his title, or making any objection, he valves his
| rights. Ann. Stap p. 66, 1878. When man
who has title to property and knows it, stands
by and either encourages does not forbid the
chase, he shall be bound by it. Qu tacit, consenre
ridetm Kendall Us. Vanseller, John, Ch. 345
| Higginbotham as. Bennett 2 John Oh lSS. Stone.
Us. Barker, 6 John, Oh. 1885, l Story's Eg Jurisp.
Sec. 1851 The last authority declares that if The
| owner stands by and allows another to expend
money In the estate he is.liable for them.
These decisions decisive of this controversy
! The defendant, when informed of the agreement
with the counsel should have expressly rejected it.
and not have remained silent to speculate on events
The bare fact OF one Branch of the Council of Balt
more laying the resolutions on the table and no,
| giving notice to the plaintiff cannot change the
question. 1t requires the assent of both branches
to give an express concurrence, but the law implies
assent from their silence and inaction. 1t make:
no difference, that the defendant was q cornoration
The latter Is as much bound by legal presump
| tlons and implications as a natural person -
Angel on Corp. 2l2,2lS; Story on Court Sec
3l2, note on p. 302. But this case may be placed
| upon the ground, that property amounting r.
nearly So 900, given by Joint testamentary
donation to the parties to this suit that the mun
ment of their title was in dispute, which, if annul
ed, or II the bequest should have been set aside they
would have lost the whole of it. and that one of tht
co-legatees had legal right to employ counsel t.
support their title to it, and all expenses laid out ol
that purpose should be equally shared by both The
defendant having reaped his share of the benefit
must bear his share of the expense If different
rule existed, it would be iniquitous
Judgment for plaintiff as prayed for in the peti
ton.
lSignedl II. B. EGGLEsToN. Judge
GAMBLING IN WAsHINGToN-A correspondent O
| the Pittsburg Post, thus speaks of the gamblino
hells of W Washington
The gamblers, it is said, have suffered severely
| by the scarcity OF money here and several well
known establishments are reported as nearly bank
rupt. There are about forty of these s'bells,
mostly on Pennsylvania avenue in the vicinity o
the National Hotel, although Jo Hall (who sue
ceeded Pendleton) has fitted up house near vii
lard's Supper tables are set nightly at all o
them, good fare and choice wines attracting many
who afterwards tempted to play. OF course, tht
"bank" has great chances in its favor, or these es
! tablishments could not be supported, and this il
generally known. But fascination for the ex
citement, with the hope of run of good luck
| prompts hundreds to hazard more or less.
| strange stories are told of those afflicted witt
TINS sad mania OF indulging in one of the worst o
wees. A prominent politician now here when ap
pointed minister to foreign court about ten wears
since, actually lost his "outft" and first ouarter'
salary the very day on which he drew it from thu
Treasury, and had hard work to borrow enough
money to leave the country with A Senator
4 more lucky, once won over eight thousand dollar
in single night; and similar tales of gains and
losses are told about men who occupy a hioh no
sition in political life. 1t is to be regretted tba
some legislation cannot be devised by which tbes,
foul excresences on life at the national metropo
can be cut off.
| sad domestic tragedy occurred last week a
| Provincetown, Mass. young lady, about fifteen
years of age the daughter of Portuguese parents il
humble circumstances, who have for some tim,
| been residents in that town, ha interested mum
Der of friends in her welfare, and they had placed
her at school in Searsport, Maine, where she wal
probably more happily situated than in the inluen
s ces OF her own home. short time since, however
ne ner iather insisted upon her return, with view
=, On anaklng marriage between her and cousin
!ls' f te.urned from sea- The daughter objected L
lne Pian, and refused to go back to Provincetowr
on ner own accord but was brought back by hel
iather: on last Friday evening having been tber,
put lew Gays, she walked out quietly to the enc
OF the wharf, leaped into the water and was drown
! ed. Her body was recovered.
! All the District Courts of the United s,.tes ex
I cepting only California, have decided that Mr. Ho
race ID: Day is the owner of the mononolv Of WI
! canized rubber in elastic fabrics. 'N'