davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1867-05-26

cou,roi. The constitution q is4e wa framed
and adopted with this Of legislation In view
Win s 81 ~s
dine. The seventh section Of the Dongan charter 10
mentioned bccause II II older than the fourteenth
Zion OF the Montgomery charter which relates the
onmc general subjects though the latter Ii full
anss Yo % ana h.
constitution Of 1777. Art section u Of constitution Of
l622 Art l. sec IS OF constitution Of 1s4d Among the
statutes relating to particular subjects mentioned in
The 18th section Of the act now In question are the follow
Ing Relating 70 pawnbroke and dealers second hand
chap H. IL, Laws of1sss chap 42a, sec theatres
and places Of public amusement. laws OF 1879, chap
oces, laws Of isaa, chap fs; auctioneers IIa.s o.
lsss, chap 1881 hackney coaches LAWS Of is24. chap
M sas 81 as
Junk shops and dealers In old iron SC flaws Of 1888,
chap IL sec 15 Laws OF 1851, chapter 423 &C. ~;
Ii: carts and cartmsn, cabs and cabmen, omnlbuses
and their drivers stages and accommodation coaches
public porter and hand cartmen laws Of ls4o, chap
In The People Va Draper, Is New York. sso the Court
say: ,'Ths constitution regards substance and not
OF the constituion q chief executive officer Of the
police and large number OF captains, assistant cap
tans and policemen. all Of whom, except the enieI
chief was 70 pcssess she power OF Justice Of the
Police Court All these officials were. have no doubt,
public officers: and they were, moreover civ omcers
within the meaning Of the constitution The superin-
tendent Of Police captains sergeants and pasroimen
mentioned in the Metropolitan Police bill are officials of
the same character possessing substantially the same
powers and authorized TO exercise the same functions
a those heretofore existing under somewhat dneren'
names: and appointed for the City OF New YORK IN
connected with the other territory annexed 10 u By this
ac they should have been elected BY the electors o.
Ahs cy or OF some division Of IT, appointed by some
authority Of the city. The Police Commissioners, as
suming that they we're themselves constitutionay ap
pointed cannot be regarded ~ authorities Of the cy
vishis ths meaning Of she cVnssi!suop, Hence fSt
The New York herald., 1867-05-26

for Official services which services are rendered in the
administration and execution Of the laws of
zens thereof who come within their range"
That law is not local law within the meaning Of the
constitution merely because is TO be executed within
limits Of county because its administration exc
cution is entrusted TO persons or officers within local
lmts but, on the contrary, that law is not local
which contemplaes or deals with subjects in which the
State At large have an interest," by which they are
affected whenever they come within the scope
exposition Of the meaning OF the term local in
the constitution given by the Legislature in
almost numosrless instances from the time the consti
thOnly cannot be questioned. Indeed, the plaintiffs
themselves have been in the Of most OF the
powers In virtue OF such delegation by the Legislature
There nothing in the suggestion that the pledge Of
license fees TO the sinking fund renders the law
is not diverted from the sinking fund but continued
II it be said that giving to the Board OF Police
70 alter, amend repeal the ordinances would give
them authority TO divert the license moneys the
several The general authority thus gwen must be
construed in subordnaton TO any specific right III any
there bel acquired in specific cases which Is inconsistent
with IT, Tho fair construction OF the power amend,
alter repeal given to the Board OF Metropolitan Police
s that i confers, and only confers such powers
sessed by the Mayor, Aldermen and Common Council.
There has been NO pledge Of the license fees which Is
beyond the control Of the Legislature. They gov
ernmenta and police regulations in exercise Of the po
ca power of the State for the general welfare. Such
powers are never deemed curtailed abridged by any
thing In the nature Of contract or otherwise. The
State has made pledge OF these license moneys II
mas simply said the Common Council shall not with
draw them from the sinking fund without the
consent Of the Legislature This provision Of the
act. IL may be observed, Is legislative declaration
OF ts own continued control Of the subject, and
II implies that but for this enactment the Com
mon Council, in exercise OF its legislative powers,
might have annulled or repealed the ordinance The
whole question as 70 how the debt Of municipal corpora
on which is political body, shall be paid, is subject TO
legislative control and direction whether by taxaon by
direct appropriation Of its property other
wise. II there any constitutional restraint upon
the power to alter amend repeal the ordinances in
special cases. this would not nvadate the other prov
sions OF the section
The argument which occupied upwards Of four hours,
was then adjourned until tomorrow at eleven O'Clock
A. NJ, when d. d. Field will reply to Mr.. Woodruff.
Mayor Hoffman. and Police Commissioners Acton and
Bosworth were present during nearly the whole argu
ment yesterday.
The New York herald., 1867-05-26
BROOKLYN COUR rs.
CITY COURT.
Family Jars and Divorce ssit-Mosios For
A1imony.


Family Jars and Divorce ssit-Motios For
A1imony.
Before Judge Thompson.
Emma r. Hoscord ~ 1dseord Howard. Tho plain
TN In this case, who 10 . handsome young v,msn.
brpe this suit 10 secure limited divorce the ground
Of cruel treatment A motion was made By hes coun-
col yesterday moving for alimouy and counsel fees
pending the trial Of the case. From the compliant in
the case n appears that this couple wers married. In
February, 1894, and subsequent 70 their marriage took
up their residence with the plaintiffs mother In this
city, where however they remained together only six
months A The sxpatson Of that period the ddendant
a alleged committed assault upon hs wife by seiz
ing her by the throat and attempting 10 but
he was defeated IN his intsstons ~ one Mrs. hcKeos
who was in the room at the time, and who q alleged
threatened 10 strike him with glass lamp which she
hsld her hand unless he desstsd. From tha day the
complaint further shows the plaintiff loft her husband
and has never lived with him since Mrs Howard claims
that up the present time she has remand true -
. wife, and before the separation from her husband
never rave him any cause for violence Ths defendant
tributes the for her seeking TO procure divorce
10 joke his part and states IN his answer that he
desired Newspaper which she reading day, bat
as she refused to give 10 him, he put his fand play
fully around her neck % - 70 seize the hsnd which
held the paper II Is further claimed the art Of the
defence that since this separation the plaintiff has been
living under different names and with cortsn man In
BIeecker street, New York, and that the defendant has
becn informed BY this party that at that tue she was
skeeping company " with other men and N the habit
OF remaining out al night
The Court denied the motion for alimony.
The New York herald., 1867-05-26

The following European and coastwss bound stsamsn
left this port yesterday ~
r The Atalana lsfy pier North river for London
and Brsst carrying sghtynvs cabin and steerage pas
songsn and ful general cargo d provisions and
tobacco sr
Tho Britannia, Of the Anchor linz left piss 20
and one hundred and twenty sssrage passengers and
full cargo.
Tho Guiding star. Of the New YORK and Havre Steam
ship Company's line, lefs pier - North river for
Havrs calling at Falmouth. England, with the United
States mals one hundred cabin passcngen 44ls2ll In
specie and cargo Of cotton and assorted freight.
Tho City OF Boston, Of the lnman line, left pier As
North for Liverpool, calling At Queenstown with
| mails, S3I0, 600 in specie. and full cargo.
Tho National Steam Navigation Companys steamer
England left pier ~ North river for Liverpool calling
q Queenstown, with 20 cabin and 1855 seerage passcn-
GERS $255 900 In Specie and full cargo Of cotton and
Tho sa1onia Of the Hamburg American Packet Com.
i3O cabin and 80 sserage passenge the German mails
oe8, 900 in specie, and Q three e-quarters cargo.
The George Cromwell left pier North river for
The Raleigh left pier 80 North river for New Orleans,
with ten passengers and threequarters cargo Of
The Marposa left pier 20 North river for New Orleans
With twenty passengers and three-quarten cargo Of
The Emily b soudor left pier II Eas. river 70,
Charleston with thirteen passengers and good cargo
The ReOeccs Clyde ler pier is East river for Norfolk
The Norfolk let pier IL East river for Washington
and Georgetown, with fair cargo.
The freight trade II reported 70 be remark.
ably dull, while the European steamers the contrary,
carrying out remarkably large cargoes Of provisions
and assorted freight.
The New York herald., 1867-05-26

Wills Admitted DurisG the Past Wesk-Char-
liable Beqaests-Ictsers Of Adminiseration.
Before Surrogate VIM. d. vsedcr
During the past week the Wills Of the following named
persons deceased were admitted probate In the Sur
roaass's Court Of Kings county :-Chariss E. Rowan,
william Turner Boil, Thomas Gilchrst Josph Lynch,
James Fullam, Bernard Ridden, all Of Brootyn.
In the wills Of the following persons mentioned
above. appeared the bsquests named james Fullam,
81 900 TO Roman Catholic Male Orphan Asylum, and
$500 70 the Female Institute Of the Visitation In john
son street. Bernard Ridden 900 tie Right Rev.
him towards the erection OF cathedral $1,000 10 the
Roman Catholic Orphan Asylum, corner OF wyckon
Catholic Orphan Asylum in Prince street, New York.
Lstss0 sdmiuisssasiSn vgs granted % W ssalee of
The New York herald., 1867-05-26
SUPREME CoUaT-CHARBeas.

The Board Of Aldermen and Common Council
Charged with Contempt of C0urt-The Legis-
lature Directs, and the Civic Authorities
Neglect to Obey.
Before Judge Sutherland
An order issued yesterday BY this court directing
the Aldermen and Common Council TO show cause why
they should not be proceeded against for contempt Of
court In 1865 act was passed by the Legislature
authorizing the erection Of market in the Eighteenth
ward and directing the respondents to issue stock for
the purpose Of raising the required funds The Boards
Of Aldermen and Councilmen failed to comply with the
requirements of the act, and writ Of mandamus
accordingly issued to compel them to take action In the
matter With this latter order these civic bodies also
neglected TO comply, and the order Of yesterday
granted requiring them TO answer for the omission
refusal to acquiesce in the directions Of the court The
writ was made returnabe at an early day.
The New York herald., 1867-05-26
UNITED STATES COMMISSIONERS COURT.
The Case Of the Prussian Go vernment Against
Philip Heinrich.

Philip Heinrich.
Before Commissioner White
In the extradition case Of tho Prussan government
against Philip Heinrich the following writs have been
issued motion Of Mr. Charles wehe counsel for the
defendant:-
g. White, Esq, United States Commissionsr: Greet.
ng:-
We command you that you certify fully and at large
charges or sccusssions made by the government Of
Prussia against Philip Heinrich, including the whole Of
the evidence Of the alleged crminay Of said Philip
Henrch with all things appertaning thereto before our
Justices Of our Circuit Court Of the United States for the
Southern district the OF New York at the United
Ssy q Nav 1857 s three O'Clock r. NJ under your
hand a. fully and amply as the same remain before you
that said justices may further cause to be done
thereupon what Of right and according TO law ought
be done, and have you then and there this writ.
witness the Hon. William D. shipman, OF our
CHAs wEHLE, attorney for Philip Heinrich.
Allowed-CHAs WEHLE
The President OF the United States Of America TO the
United States Marshal for the Southern District Of New
York. or to any other person having the custody Of
Philip Heinrich, greeting
We command you that you have the body OF Philip
gsther with the Of such imprisonment and deen-
on BY whatever name the sad Heinrich may be called
charged before Justices Of Circuit Court Of
the United States OF the southern district Of the State
Of New York. the United States Court House. in the
city Of New York. the 10th day OF May 1857 at three
there be considered concerning the said Philip Heinrich
Witness the Hon. WILLIAM ID. SHrPnAN, one OF our
justices Of our said court this 23d day OF May 1867
CHAS. WEHLE, Attorney for Petitioner
Allowed-Wx. d. SHPMAS, Judge.
The hearing Of the before Judge shpman is fixed
for Wednesday next
Youthful Dapc Of Conntcrfeiters.
Before Commissioner Osborn.
The United Stats John A. 7dyIor.-The defendant
In this case between seventeen and eighteen years Of
age and from the testimony and statements appears
have been the dupe OF older parties, regular operators
the game Of passing counterfeit and altered notes
The defendant Is charged with having offered for sale
altered stamp with intent to defraud the United Statea
On his examination Taylor said he got the stamp from
brothers Of the Of RoIstcn who. he alleges in
the habit Of giving similarly altered and countereit
stamps and bills 10 lads for the purpose Of passing them
In where the plan suoceeda further alleged,
the Rostens having watched the boys, como up With
them safe distance from the scene Of operations and
deliver them Of the proceeds Of trac giving
them small consideration for the work they have DONE
case vas made out against Taylor and the Commits
soner committed him 70 await the action OF the Grand
JuYy
The New York herald., 1867-05-26

the following namednpersons dcceascd-I E. Daniels,
Peooy Flynn, Nathaniel b. Weeks, Lester Wilcox. Ade-
Brooklyn.
Surrogate veeder has ordered that during the months
Of June and July the calendar OF contested Will be
called on every Monday and Saturday Of each week at
IL O'Clock NJ Applications for probate Of wills let.
ters OF guardianship and all other pare applications,
can De made on any day during the week. save Thurs
day, before three O'Clock p NJ
The New York herald., 1867-05-26
INTERNAL REVENUE.

Income Returns of Over $4,000 for the
Years 1866 and 1867.
The following is list OF the income returns Of persons
having than $1,000 per year the second division
OF the Eighth Congressional district
The New York herald., 1867-05-26


State generally have interest,", and whose provisions
are 70 Be executed for the exclusive benefit Of paic
And again, II the sections Of the bill now in question
could BE- considered local. yet the suhjscs hsing
pressed in the title their connection With bill which h
ground OF objection The oct 70 authorize the supsvs
ors Of the county Of New York 20 raise money BY
ment Of unsettled claims against the county out Of
moneys 70 be raised BY tax 10 mot an indspsndent
snacsmsnt but me means % ascess:nns g .s sne
70 70 bs raised The character Of bill 10 10 BE- deter.
mined BY lis provisions II were doubtful whether
provisions Of the section 10 question no local.
st no constitutional restriction s violated because the
subject Of the section " expressed In the tte The
subject is the powers Of TIE Bostd oar o. hropo.ss rolos
Of bill should mention tho details or state the OBJ
ject; ID sufcient that the subject 10 mentioned The
OF April 25 1867 far ~ authorizes the Board OF
supervisors raise money by tax 10 either general
local II IL Is general s presence IN connection with
both ar. local. both must n fail sosS and he
sections in question arc general. both will stand
togsther But no reason can be assigned for declar-
ing the provisions In question local. which not d.
recty applicable 70 many Of the provisions Of the bill
authorizing the tar levy and s inevitable therefore,
that the sections IL 10 in question fail upon this
ground the whole bill is void. Tnc defendants insist,
however that neither OF these subjects belongs 10 the
cas- % called IN the constitution oc ps n 10 .ns case
the Of the salary OF Jadge OF the Court OF
General Sessions county charge. and directing the
IL was held by the Court OF Errors that there
was no force in the objection that tho act was
bill approprating the public moneys for local orprvate
purposcs'-and did not require two-third voe-'sit
was Law making provision for the payment Of hon
claim due for services rendered for the public and
whicn good faith required them pay. II was for the
discharge Of public debt The authority TO the
ties raise money by for the proper administration
OF the government and although TO be applied 10 the
maintenance o. county courts, vas only In dis.
charge OF State duty 70 provide means for she
proper administration OF the government and the ap.
poronment Of the burthen 10 the county in the dscre-
ton OF the Legislature not the appropriation OF
money to purposes local private To the samc effect
is sne case OF Conner W the Mayor NJ. Y, as5. "A
bill neither private nor local. which regulates the
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25
What White Men Can Do.

-
We. have a, few instances
of what can be done by the energy
Of white men, Let our people all
try to- do iil1ewise. (. .:Ets']
- A worthy citizen Of the Fork,
with two small sons, made 400
bushels Corn so bushels Rice, 4
bales Cotton; and a plenty of afl
kinds "of PROVISIONS: A, coiered
family working on the same. plan
tstion, superior I'm force to. the
above, made 20 bushels Corn, d
light bale Of Cotton, 10 bushels
Rice, and other articles of produce
in proportion, :. ,-...- i,
Another gentlemen Of the same
section, who is one Of our bost
practical planters with 8: white
laborers, and one OF two halfhands
made a. crop fully equal in, every
respect to that of3o colored work
ing hands on the same ground in
former seasons. 4. - -;
Anothes friend of ours, in an
other part of the Fork, with 8
pfow hands .and.3 hoe hands, all
white, made 500 pounds Indigo, 2
bales Cotton, $50 bushels Corn, 80
bushels Peas, so bushels Rice, 800
gallons Syrup, ran q Grist Mill for
the benefit of himself and neigh
bors, made Flinders and Potatoes
in abundance, realized one hundred
dollars from the sale Of Water
melons, all on lands counted poor.
We like this system of Agricul-
ture our people must no longer
trust to making money out of one
leading staple; they must pay
their attention to diversity ofcrops.
and make each contribute its quota
to the profits Of the year. This
is the only system ofplanting that
will pay in these days on our aver
age lands.
While on this subject, we notice
on the part Of our most intelligent
land owners, a disposition to sub
stitute small forces Of white men,
for the large gangs Of colored
laborers they have heretofore en-
ployed. We have heard ofseveral.
who have sent on orders to Gene
raj Wagner, State Commissioner
Of immigration, for white laborers,
from the number who are now ex-
pected in few days from Ger
many by sailing vessel direct to
Charleston. 1t would be we'll fop
our people to give this subject duo
consideration, in time to make
their arrangements for the coming
year.-OrGnJeburg Neaos.
Mrs. Lincoln and her dry gods are
going to Washington.
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25
~e t-s.a a@G.Fi t-3R -.
NeWberrY Herald
etoas0 ; :. - =. -: %.ss{..j;
.XChR9Sf Sfi1AS- =
HALF@S HEET.

Somebody-av woman of eourse-in-
quises why, when Eve was manufactured
from the spare lib, servant wasn't
made at the sapaesGme tc-wsit en-, her :!
Somebody elsa woman, we Imagine
replies in the following strain
Because Adam, never came whining to
Eve With ragged stocking to be darned,
coilafto be sewed oss ora glove 10 mead
fright away, quick now Because ne
nerpy read the newspapers, until the sun
got down behind the palm trees, and
then. Stretching bimself. .oat, yawued out
'tain't, supper most ready, my dear 7"
Nofsfla. .fEe.made,the fire. and hang the
kettle aver it himself, we'll venture; and
pulled the radiSheS, peeled the potatoes,
and tiia every thing else lie ought to. He
MIXED the cows fed |. chickens, and
looked after the chickens himself. 49,.
He never brought home half 3 dozen
friends, to. dinner when Eve hadn't any
heshp6niegranites, and7the Mango sea
son was over. He never stayed Tout till
II O'Clock to ward meeting, hurrahing
for an oat-and-ontl candidate, and then
scold because poor Eve was sitting up
aud crying, inside the ga,es-,gHr never
played billiards., telal steaspins and
drove fa>s horses, nor choked AEve with
, tobacco smoke. He loaftd around
corner groceries while, EEsewas trecking
little Gains cradle at home. In short, he
did not think she VAS especially rereated
for ,sespnrpese Of waiting ont MIN, and
was not under the impression that It
disgraced man to tighten weman's
caresmsl slittlesszsF hatssssthesreason that
Eve did no. need a:hEed sirl; and N Ah
it wast..e reason, thathsI faisdesceadants
aa. ~ ;sS SS SsS%s
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25
,SIlAiIE on SOUIH CsARoIdNA.

NEwBERRY DISTRIcT-IN EoUITYsae
2. W. Chick and -Reubin S.. Chick, Surv.
w.. Adm RS, KS George VI. Chaplin, Admir-
: SBifi for Sale Of Land and other purposes
By orderofthe Gourtof Eqaity, win seli
at public eutcry, on the fist Monday in JAM
nary next before the Court House, at. New
berry a tract of land Situated in Newberry
District, on the North side Of Enoree River,
containing three hundred AMI seventy acres
more or less; and bopndedsby lands Of Benj>
MaYbin, Madison Suber and others. =,
TERMs A credit OF twolFe months with
Interest from day ofasile, tie purchase
money to be secured. by beB4swith at least
two good sureties and, O. mortgage Of the
land. The costs Of these proceedings to ba
paid in cash.srs. .SfLASe JoHNS TONE,
SCcl SOcl 1sSFst: Ma: III 4,.-g-f =; N' ie
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25
Dusiae anSexeursio,n oneboard .

Dusiag anSexeursion onsboard a
steamboat on. the Potomac, and
whilst the eompany2w were anus
singeehepselves with dancing a
young lady happened to slip and
fall on deck Adandy, who Glanced
to be near at<the time, stood mo-
stioniess : and on being asked why
he did not assist her in getting up,
fashionshlge raplied that be was
waitiaafor an iptfedS 3Sop. !
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25
STATB OF SOUTH CAROLINA,


= NewBERRY DIsTRIoe-IN EoUTTEsa
Henry Summer and William Summer, Sur
yiving Adm RS, VS.. Mary NJ Summe-,
c. P. Summer, ct. al. r.,
Bill to sell Land, Marshall Assets and Genes
raj Relief.
BY order of the Court of Equity, win sell
at public outcry, before the Court House at
Newberry. on the first Monday in January
next, the Kibler tract Of land lying in Lex
ington District, containing two hundred and
seventy two acres more or less, and bounded
by lands of Joseph Ept;ng, Joseph Sheely,
John Swittenburg and others.
TERMS .-Phe purchaser will be permitted
to pay any portion Of the purchase money
in cash, otherwise the same must be secured
by bond, with at least two good surcties and
q mortgage of the property. The costs OK
these proceedings to be paid in cash.
CONS Office, GILAS TOMBSTONE,
Dec. Is 81 81 10 c. E. II. D.
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25

Betsy gut up and get me some
thing to eat -.
I Way John there's nothing
cooked"
"Well, get up and cook some
thing"
eThere 'ssnothingta cook. :
sNethingae alIam , "a az
No"
: :. .'FWeu, get up and get a clean
knife land fork-I'lls go through
the motions anyhow
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25

The latest style Of hoep,skirts is the
sesfsa6usting, sdoIbfs-backaassioe, '' bus
tle-stEuscan, face-expansion, Reoo,esaini-
attaehment, gossamer-indestr1ctib}e,- po-
locticomoram. 1t is said to .6e q very
Charming thing. Z'3:F%a;~ !
The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1867-12-25

Lam afraid said lady to her hus.
band, that l am going to have u stiff
neek' 4Sot at all improbable, my dear
he replied, 7 have seen strong symptoms
of itseyer since have known YOU