davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-14
A STREET NUISANCE.
TIVE Men Narrowly Escape Being Crushed IA
Death.

Death.
The running OF steam cars on main thoroughfares
and tho nexcusable carelessness OF nagmen and
other railroad employees in giving warning OF an.
preaching trains came near causing the death OF
two men on Sunday evening last. At a quarter
before six O'Clock Mr.. John Cornell driver in the
employ Of the American Express Company while
proceeding up Hudson street, ana when near vestry
street. found his way blocked by The CONGREGATION OF
vehicles usual at that hour and attempted to pass TO
the right OF . line OF cars and between second line
still further TO the right. A train Of cars with
dummy attached, was backing down the space
through when ne was passing, but without any
lights TO Indicate It's approach or Hagman TO give
warning OF the danger. Upon the cars nearing him
Mr.. Cornell became aware ofsbs danger and made
every EFFORT TO back his horses out but one OF the
two becoming unmanageable this was found impos-
slble and a. the cars struck the wagon he Ieaped
from It TO save hts life. HIS brother.in.law Mr.
Jones, who was In the wagon al the time, leaped
from the roar end at the same time No lives were
lost, fortunately, and the heavy express wagon was
not much injured. The horses became detached
from the wagon, but were recovered In time 10 pre-
vent further damage,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-14

tce OF some OF the States to have been considered
direct tax whether 1t be 80 under the constitution
OF the United States matter Of some difilculty
but as IL Is not before this 10 would be muTo-
per to give any decisive opinion upon It,. never
entertained doubt that the principal, will not say
the only OBJECT that the trainers OF the constitution
contemplated as falling within the rule OF appor-
on lands iredeii delivering his opinion at
length. concurred generally IN the views OF Justices
Cnase and Paterson. Wilson mad expressed his
opinion TO the same general erect when giving the
decision upon the circuit, and did not now repeat
them. Neither Chief Justice Ellsworth nor Juslice
Cushing expressed any dissent, and 1t cannot be
supposed II IN a case SO important, their Judgments
mad dineFed from those announced that an opportu-
nity would not have been given them, by an order
LOT reargument, 70 participate In the decision. 10
may DE safely assumed, therefore, as the unanimous
Judgment OF the court that tax on carriages is not
llshed upon tue testimony OF Paterson, That the
words direct taxes used In the constitution,
prehends only capitation taxes and taxes on land,
valuation and assessments OF the various descrlp-
uons possessed within the several States. 10 follows
necessarily. that the power 10 tax without appor.
tonlnent extends 10 all other objects. Taxes on
otner oDects are Included under the heads OF taxes
not direct duties imports and excuses, and must be
laid and collected by the rule OF uniformity.
Inc tax under consideration Is tax on bank cir
culation, and may vel be ciassed under the head OF
duties; certainty u Is not, IN the sense OF the
sutution, direct tax. IL may he said To come
within the same category OF taxes as the tax on
incomes OF insurance companies which this court,
In the case of TOuie the insurance COMPANY held
not TO be direct tax. is IT, then a tax on fran
cnlse granted by state, which Congress upon any
principle exemptDg The reserved powers Of the
states from impairment by taxation must be held
to nave no authority TO lay and collect We do not
say that there may not be such tax. 1t may be
admitted that the reserved rights OF the states,
such rs the right TO pass laws, TO give
effect 10 laws thr0agh executive action, TO ad-
minister justice through the courts and 10 employ
all necessary agencies Tor legitimate objects are not
proper sub ects OF the taxing power or Congress-
But IL cannot be admitted tnat franchises granted
by q state are necessarily exempt from taxation for
franchises are properly, often very valuable and
productive property, and when not conferred tor the
purpose OF giving effect to reserved powers OF
state seen. 10 We as properly objects OF taxation
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04

reasons attested by the register of probate
but in case OF controversy between a person under
guardianship and his guardian, the supreme court
may sustain an appeal on the part of the ward with
out such bond.
SECT. s. The twenty-fourth section of the same
chapter is amended so as to read as follows:
SECT. "a. Such appeal shall be cognisable at the
next term of the supreme court which is held after
the expiration of thirtyfour days. after the date of
the proceeding appealed from, and said court may
act appealed from; pass such decree thereon as the
judge of probate ought to have passed; remit the
case to the probate court for further proceedings or
take any order therein that law and justice require;
and it, upon such hearing, any question of fact oc-
ours, proper for trial by jury, an issue may be
f5r that purpose under the direction Of the
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Public Laws of the State of Maine passed by 48 legislature

last division of said section shall read as follows
but if they unsuitable or being residents in the
county and cited before the judge for the purpose
neglect refuse, for thirty days from the deceaSe of
the ntestate to take out letters of administration
he may commit administration such estate to
such other person as he deems suitable
scot. z. The tyenty-seventh section of the same
chapter is amended by adding at the end thereof the
words: when by reason of the removal or dis
charge of executors or administrators, and appeals
from the DEGREES of removal discharge, there is
no executor or administrator to act, the judge may
appoint special administrator, who shall have the
same powers, and perform the same duties as other
special administrators until such appeals are dis
posed of, and some executor or administrator may
legally act
SECT. 3. The twenty-eighth section of the same
chapter is amended BY adding at the end thereof
follows Heshall also pay the expenses of the funeral
and last sickness, and of administration; debts pre-
ferred under the laws of the United States; public
rates and taxes; money due the State from the de-
ceased, an 1 any temporary allowances made by the
judge to the widow pending litigation
oath to the truth of inventories by them returned
before the judge or register of probate, any JUS
tice of the peace.
SECT. 5. Executors or administrators may pay
debts due from deceased husband to his wife, or
from deceased wife to her husband as il the mar
rage relation had never existed between them.
SECT. 6. Executors or administrators may require
any person making claim against the estate of their
testator or netae to present said claim in writing
other person cognzant thereof stating what security
the claimant has fany, and the amount of credit to
be gven according to the best of his knowledge and
belief.
SECT. Z This act shall take effect when approved
Approved February g. 1851
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04

AN ACT additional relating to the proof and effect of
wills executed in another state or country
SECT l. The several statutes relating to the proof
and effect of wills executed in any other or coun-
try, are amended so that any will made and executed
in any foreign country in any other of the United
and have tn same force and effect in this state If
made and executed in the manner prescribed by the
laws thereof if at the time of his death the testator
was resident of this state, whether said will Is
originally proved and allowed in this state, is al
lowed and recorded in any probate court in this state
proof that it has been proved and allowed in any
other state or country Improved February g. 1881
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
CHAPTER IL.

AN ACT to amend chapter two hundred and nine of
the public laws of eighteen hundred and sixtyeight
relating to the taxation Of shares In National
Banks. - ~
SECT L. The third section of chapter two hundred
sixtyeght Is hereby amended by Inserting after the
word state, In the eleventh line, the words by
persons whose residence is unknown so that the
last clause OF said section shall read as follows The
shares In such associations owned by persons residing
OUT OF the state. or by persons whose residence is
unEnown, shall be taxed in the city or town where
SAID banking association is located, and not elsewhere;
provided however, that the taxation thereof shall
not be at greater rate than above provided In the
case of shareholders residing in the state.
SECT. 2. This act shall take effect when approved
[Approved February 6, 1891
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04

AN ACT In addition to- and in amendment of, chap
ter sixty-three of the Revised Statutes.
Sect I. Courts of probate in this state courts
of record The seal of the judge the seal of the
court and the register of the same court has custo
SECT. q. In case of the sickness, absence from the
state, or inability of the Judge of probate in any
county, to hold the regular terms of his court the
judge probate OF other county at the request of
the judge or register of probate for the county where
the emergency arises may hold any regular term of
shall have the same force and validity as if made by
the judge OF said county.
SECT. g. The second section of chapter sixty-three
of the revised statutes Is amended as to read as
follows:
SECT. Sheriffs and their deputies, coroners and
directed to them by any judge of probate and such
judge may, when he deems it necessary, require
any such oiflcer, when not in attendance upon any
bate court for which attendance the officer shall be
entitled to be paid as in other courts for similar
vices; and any person summoned before the Judge as
witness, refusing to appear and give evidence, is
liable to the same penalties and damages for such
refusal before the supreme judicial court
SECT. A. The tenth section of the same chapter il
amended by inserting after the,word Judge the
words or registers; and all oaths described in said
tenth section except to the truth of accounts render
ed, may be administered by the judge or register Of
probate or any justice of the peace.
SECT. 5. The fourteenth section of the same
chapter Is amended by striking all after the word
allowed" near the end of said section and ;nsort
ing the words and such orders and DEGREES of the
Ju S and other Ml matters, as he directs
chapter Is amended so that it shall read as follows
SEQ, SECT ~; The supreme judicial court is the SUI
reie court OF probate, and has appellate jursdic-
on IN all matters determinabe by the several Judges
OF probate; and any person aggrieved by any order
decree or denial of such judges, except the
appointment OF special administrator, may appeal
tnerefrom to the supreme court, to be held within
ana Ior the same county if he claims his appeal with
In twenty days from the date of the proceeding APP
pealed from; or: if at that time he was beyond
sea- or out of the United States, and had sufficient
attorney within the state within twenty days after his
return or constitution OF such attorney
SECT. l. The twentieth section of the same chap
ter is amended so to read as follows:
SECT. 20. Within the time limited for claiming
an appeal the appellant shall file In the proDate
Office his bond to the adverse party or to the Judge
of Probate for the benefit of the adverse party for
proves; conditioned to prosecute his appeal with
effect. and pay all Intervening costs and damages,
and such costs as the supreme court taxes against
him: and within said limited time he shall also file
in the probate office the of appeal; and four
court shall serve all the other parties who anna rod
before the judge Of probate in the case with COW
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
CHAPTER Is.

AN ACT relating to school blanks, school returns,
and the distribution of the state school fund.
SECT /. The superintendent of common schools
shall prepare and print blank forms, for all returns
required by law or deemed by him necessary, and
shall on the first day of March in each year. forward
10 the clerk of tbs several cities, towns and planta
tons blanks for the annual school return and regis
tiers for the school year commencing on the first
day of April following; and said clerk shall FORTH
with deliver the same to the experimenting school
committee of his respective city, town or nantat;o
SECT. 2. The superintending school Committees or
supervisors OF the several cities, towns and panta
tions, shall make their annual school returns nova
c By n0 the Office tR Of
shall give the number of scholars as thew existed ON
the first day of April preceding. '' ''>-''e" o'
SECT. g. The Superintendent of co,nr,on s.,o.,.
na, on the first day of June notify the school COM
~ os any town whose returns were not received
a. us once III May and SHALL annually ascertain on
e nrst Gay OF July the number of children between
anu twenty-one years of age, in the towns from
wch returns are received, and furnish list thereof
tne State treasurer and the shall imme-
uateiy after the first day of July apportion to the
towns all state school funds for the year according
10 such list and in the manner prescribed in section
seventyfve. chapter eleven of the revised statutes
Immediately after making the apportionmsnt the
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter 4.
AN ACT Concerning specie payments.

AN ACI concerning specie payments.
Be it enacted BY the Senate and House Of Represent
tdtires IN Legislature assembled, as follows:
SECT. l. Chapter seventy-one of the laws of eigh-
pend certain provisions in chapter ortyseven of the
revised statutes, concerning banks" is hereby
continued in force until the fifteenth day of Feb
ruary, eighteen hundred and seventy; providing
said banking corporations shall, upon demand, pay
tender payment of their bills checks, drafts in
lawful money of the United States.
Sscr. 2. This act shall take effect when approved.
(Approved January %, 1891
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter II.

AN ACT in relation to conditional sales of personal
property. - -
SECT: l., No agreement or stipulation hereafter
made shall be valid, whereby the title to personal
property bargained and delivered, shall remain the
property Of the payee of note given therefor unless
the agreement or stipulation is in writing and made
part Of the note, and signed by the payor or his
SECT. 2. This act shall take effect when approved
lApproved February 4, 1851
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter @.
AN ACT addition.

AN ACT additonaI to chapter eighty-seven Of the
Revised Statutes.
No act shall be maintained against an executor or
administrator, upon any claim against the estate of
his testator intestate unless such claim has been
presented in writing such executor or administra
tor, and payment thereof demanded at least thirty
days before the commencement of said action.
Approved February 8, 1861
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04

AN ACT to amend cha pier seventy-one of the Re-
vised Statutes.
The thirteenth section of chapter seventy-one of
the revised statutes is amended by striking out,
after the word gyen," the words, "of the time and
place." that the latter clause of said section shall
read as follows: and the court shall decide what
public notice. if any, shall be given of such private
sale, and if any is required it shall be inserted in
the license and given accordingly
Approved February 8, 1851
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
ChaDter 2.
AN ACT providing Safe Dapository for Wills

AN ACT providing Safe Depository for Wills.
Scot. l. will may be deposited for safe-keeping
by the testator any for him. in the registry
OF probate in the county where the testator lives;
and the register, being paid the fee of one dollar
shall receive and keep said will and give certificate
of the deposit thereof.
SECT. 3. Such will shall be inclosed in sealed.
wrapper, Endorsed with the name and residence Of
the testator and the date when deposited, and may
have Endorsed thereon the name of any person to
whom it is to be delivered after the death Of the tes
tator.
SECT. 8. A will so deposited shall not be opened
read until delivered to the testator, to
person authorized to receive it by order in writ
ing signed by the testator and attested by wit
ness; and the register may require, if he thinks
proper the person presenting such order to make
oath that the same is genuine.
Scot. 4. After the death of the testator the will
shall be delivered to the person. if any, entitled by
the Endorsement on the wrapper to receive it,; if
not demanded before the next probate court follow
ing the death of the testator may then be publicly
opened and retained in the probate office until of
fered for probae if the jurisdiction of the estate
belongs in another court it shall be delivered to the
executors or other persons entitled to the custody
thereof to be presented for probate in such other
court. [Approved February 2, 1881
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter 3.

AN ACT additional, relating to license for the con-
veyance of real estate under contracts made by de-
ceased persons.
Scot. l. The several statutes authorizing the
Judge of probate in certain to grant license to
administrators and others to convey real estate of
deceased persons when the deceased in his lifetime
made a legal contract for such conveyance and was
prevented by death from executing it, are amended
SO that like authority may be granted to special
administrator, in the same manner and ON the same
conditions as to administrators.
SECT. g. This act shall take effect when approved
[Approved February 2, 1851
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter r.

AN ACT In addition to and amendmant Of chantor
sixty-four of the Revised Statutes
SECT l. Fhe thirteenth section of chapter sixty
tsur Oh the revised statutes Is amended that the
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter 5.

AN ACT additional to chapter seventy-fve Of the
Revised Statutes.
The seventh specification in the first section of
chapter seventy-fve of the Revised Statutes. is
amended so as to read as follows Seventh, If in
testae leaves kindred the real and personal estate
of said intestate descends to the widow husband
surviving; if no kindre l. widow or husband it es-
cheats to the State [Approved February s, 1851
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-11-04
Chapter @.

AN ACT to amend chapter sixty-seven of the Re-
yised Statutes.
Scot. 1. The second section of chapter sixty
of revised statutes is amended to read
as follows:
SECT. 2. 1fthe minor is under fourteen years of
age, the Judge may nominate and appoint his guar.
dian; ifhe is over that age, he may nominate his
guardian in presence of the judge register of
probate, or in writing certified by justice of the
peace; and If approved by the judge, such nominee
shall be appointed, although the minor has a guar.
dian; but II not thus approved or if the minor re-
sides out of the State Or being cited by the Judge
eept the trust, the judge may nominate and appoint
SECT. q. Guardians may make oath to invento.
ries by them returned before the Judge or register of
probate or any justice of the peace
tApproved February 3, 1891
Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-07-29
The Old Family Journal.



on Tuesday u,raiag last. q, a '.,,'e before
g.l'ack our sleeping citizens were startled 10y
Gle loud and oN-sep,at,5 cry Of Fire. Fire
tvssl I.lt. every moment increasing showed
,., 20, plainly the poia; Of ja,erss: TO the cz-
l crowd who throasej Ia'favakeaudhali-
dressed 20 the scene /. proved TO be Tie
house owned by 8lr. JNo e. Face, and oc-
.-r.e5. tlc one part as store and dwelling jy
MI. TorN 7. C,ueUuL, the other store-roD
rv NIr $. II. WOODY as slee-s,,re, ana
dwelling ly the Misses WARP The flames
mounted up rapidly, bursting out from tie
ar7cr parts Of the building and pcrce.v'ng
flat there was not the lcas, chance Of saving
lie burning house. go efforts were directed to-
wards preventing the further spread Of ilo
5evourng element In the absence Of Fire
Apparatus for our fine Engine and Hose were
rendered useless by invaders during the wan.
Ills end was ou'y accomplished ly tie m. IS,
l....i. cxcr..1us o.. those N.a entered heart AMI
SIN, into the work, r-biag their owu lives Cor
tac sake Of saving the property Which, bot tn
u. mus. inevitably have persisted lH tie
-r We could c,ssl many instances If per-
s.a, daring TO tile everlasting honor % Gle
.u-s. but. f.r ,le want ol space we mus,
INIT. ana we SSH. refrain Com le-is .a,.r- Gle
rr-rf whom tie l.a-, said is-thar. t.a
s- ODD. they failed o. render Any ..- .a Gle
Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-07-29

ToIATo WINE,-Take any quantity Of ripe
tomatoes, wash and press from them the juice,
strain, and to every gallon add four pounds
crushed sugar; let stand untilitis done fermea-
ting, keeping the cask filed with fresh juice
and sugar, as above. When done fermeuting
draw off without agitation and bottle. VIII
be prime in six to twelve months. The yellow
tomato makes white wine with yellow tiuge;
the red dark oolored wine, Of course
Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-07-29
Religions Notices.

COMMUNION SrEvicg.-Tac sacrament Of
the Lords Supper viii be administered at thc
Methodist Church Of this place, ON next Sab
bath morning. August lst The Rev. NOR
VAL WILSON, Of Manchester, is expected to
preach.
Rev. W. PN.sH viii preach at Kablc-
town next sabbath morning at 10! o'clock
at Fleetwood Scloi-lousc iu afternoon at s!
d. Episcopal Church. in ,hi, place, at night.
Rev. W.. JOHNSTON Presbyterian Of Bcr-
ryv...a viii preach at KabIc;own mkt Sab
bath. August 1T, at 4 o'clock, ?. NJ.
Woors NErnNo.-ProyiIenco permitting,
q Wood, Meeting viii be lclJ a, Wiltshircs
School House, commencing on SATURDAY,
tire eth day Of AUGUST. It's expected that
Rev. Noryal Wilson. Of Manchester, Rev. N.
q. Baltlis. Of Piedmont, and Rev W. G. Coe.
Of Sbephcrlstown, will be in Attendance
Persons attending the meeting, will please
bring ;heir baskets aud como prepared to re-
main dwiu. the day. J.W. ToNcvE, &c.
THEM. f. Church will hold a Camp Meeting
at Bunker Hill, Berkeley county. commencing
August 10Th.
Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-07-29
1CoMMUNIcArED.l

Mr.. EDIToR-Dear Sir: have seen, in
the course Of a long life, many exhibitions of
self sacrifice and devotion in behalf of Others,
bat never before have | witnessed such dis
plays Of these noble traits as at the late fire in
our town An honor 10 those disiutereStel,
heroic spirits who periled life to save our pro-
per;y, and all praise TO the large number Of
citizens who contributed so much to the arrest
Of The devourjns flames. Surely dozen fire
Engines could not have accomplished more than
was done by the good and true people Of cur
town on tie night Of The 2C;h.
Az OLO CIT.