Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-12-25
LAW RRPOIRTs.


LAW REPORTs.s (
.6dsSrSalOn oovsr. sUa
GRADING AMI. PAVING CoSTRAcTswIrH rHE
Cry. = Kilfoyle os. Longworth and Others
2. The Givyt This was AN action to recover
for CradiDg and Macadamizing Gest street
rom Fretmanto Millereek, the defense being
that the Cohncil bad 10 power to order the
work TO be done; and next, that il was not
performed as the contract required. i
Judge Storer delivered a heightened
opinion in the case, bolding that The evil
dence in this case establishes not only that
the work was imperfectly done, but on some
portions of the street. was not done at all;
that very soon after it was completed, re- |
pairs were required to be made, aud that in |
few months the street would be in worse |
condition than IL was before. -
While the city is bound to perform |
strictly all her agreements, lawfully made, |
she has right 10 require, and if her officers |
are delinquent, the Court will compel them |
to require, from every person with whom
she contracts, faithfully to live up to their
obligations. "a rr-ss -. e-...e =. .-.-..
Any other rule would not only be unjust
to the public, but tend as a necessary result
to careless legislation on the one hand, and
would be equivalent to sustaining dishon-
esty on the other.
We believe the claimant is not entitled to
recover the whole amount he claims, and
shall reduce it to $500 and give Judgment
April, 1859.
NJ. D. Potter 4 Co. vs. Frank. In this
case Judge Storer allowed a judgment for
the plaintiffs for $2,687 Sc, with interest
from June, 1860, to be paid in three install
ments, at six, twelve and eighteen months.
CHR1sTMAs.-The term Christmas comes
81, III -,eto ov,I
is generally regarded as the anniversary Of
the birth of the great founder of the Christian
Church. 1t does not appear to have been
observed during the Apostolic age but was
made holiday by decree of Pope Teles-
pharus, A. D. l38, since which time it has
retained the first place among the festivals
observed by both the Catholic and Protestant
branches Of the Church. The difficulty of
ascertaining the exact day upon which Christ
was born, at first induced its observance ss
| a movable feast, and it was frequently cele-
brated, especially in Asia Minor, Greece and
| Egypt, in the months of April and May.
Some time during the fourth century ST.
| Cyril and others instituted an inquiry to as
certain the exact day and hour of the birth
of Christ, and after displaying a vast amount
| of industry, arrived at the conclusion thatit
occurred soon after midnight on the 25th of
December, and since that time that decision
has been generally received as correct, on
the ground that it was impossible to prove it
erroneous.
Since its institution it has been observed
by fasting, ny religious worship, by songs
+ and dances, The churches ~ =" a., Unristian
denominations are usually decorated with
evergreens and sermons appropriate to the
occasion are preached. .--..--.-
But the religious is not the only, nor even
the most prominent, feature of the observance
of Christmas. To the most casual observer,
it will readily occur that the worship of
Bacchus is much more prominent than that
| of the parsonage from which. the day re-
ceived its name. Generally, plenary Ii
cepse is granted to children and servants,
and many are the debauches permitted then
that would be revolving to the piety of the
| D2rent or guardian, or any other occasion.
In Europe, whether among Protestants or
Catholics the day is still observed with as
much ceremony as during The middle ages
and the same may be said Of the slave States
in this country; but in the rural districts o.
the free States, these ceremonies are fast fall
ing into decay. A few presents are some
times distributed, congratulations passed
and gifts made to very small children, but
nothlng more. VINE. are termed the "holi'
uaSs, Ds.ng the week between christmas
and New Year, are never observed.
The story of Santa Claus, told to almos
1
credulity in the juvenile mind, which may
make itsusceptible ofcontracting other super,
stitions not more unreasonable but less harm.
less, and the tenacity with which parents cling
to the custom of relating it, is to be deplored
and its influence upon their conduct is rather
deleterious, than otherwise; the fear that
he will pass them by, generally has little
effect upon those who are stubborn. By it,
the numerous gifts Of parents to their child
rem are robbed of half their value, and an
opportunity to unite moro strongly the ties
that bind them, is half thrown away.
In North Germany, custom somewhat
different prevails. Instead of filling the
stockings of the little ones with toys, and
telling them that they were left by phan.
tom, a particular person is selected, who
! wearing mask, white robe and other dis,
euises calculated 90 make him hideOuS, visits
every n9ase, and asks questions concerning
.,ie conGGct Ct each child, and theG bestows
upon it such presents as the parents had be.
fore designated for it. This individual is
called the "Knecht Rupert" and the little
ones are taught to believe that he furnishes
all the gifts, and that he rewards each ac-
cording TO merit. The child, however, soon
learns that this is pure fabrication, and
the only impression left is susceptibility for
other superstitions, and TIE consciousness
that falsehood has been deliberately told.
There are many customs connected with
Christmas which have a happy tendency,
and there are few persons but can call to
mind numerous pleasing incidents which
arise in the memory oases in the great
desert of life. To parted friends the day
presents an opportunity for pleasing re-
union; to those who are near, an opportunity
to bestow those tritling emblems OF affection,
the influence. of which is seldom erased; the
servant is made happy by holiday, and
the child by toys and books; and all, whether
old OF young, bond or free, enjoy day of
absolute relaxation. 't Fiie
SUICIDE Al NEW PLAINvILLE.- Yesterday
morning, as the down train on the Marietta
Railroad was passing Plainville, a man was
seen standing on the track, at some distance
ahead of the engine, and as he did not at
tempt to get of, the whistle was blown, and
the brakes put on. The man Immediately
stepped of, but as soon as the engine ap-
preached so near the spot where he stood
that it could not be stopped, he threw him
self across the track, and was almost in
stantly mangled corpse. The train was
then stopped, and the pockets of the de-
ceased examined, with view of obtaining
his name and residence, and memorandum
book found, in which was the following;
...-. "DEoEMBER "a, 1860.
81 have this day determined to commit
suicide, by throwing myself under a locomo-
tive on the Little Miami Railroad NV re-