davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1870-02-03
THE BININGER CASE.

This case came before Judges Woodruff and
BatchfOrd yesterday motions made by the respond
the appeal taken from the adjudication OF Binn
ger and Clark as bankrupts Counsel for respondents
moved that the appellants be obliged to elect between
continuing proceedings In the State Court and binding
themselves to abide by the decision OF the United states
OF Mr. Clark the Superior Court and said tho
bankruptcy proceedings initiated Improperly by
cOusOn with Bninger 10 cheat and defaud Clark and
because the firm had committed acts OF bankruptcy.
the to be Beecher the assignee in bankruptcy
take OF the assets In the hands OF the
receivers appointed by the State Court. The United
States Circuit Court had power under the Bankruptcy
laws, to do this Clark was legally defunct, and his
place suitor In the Superior Court should be supplied
by the assignee In bankruptcy, In whom all rights 10 the
lien on the assets, and would be under the Jurisdiction
Of the United States Court the property was In
possession OF Court; and the amount Of his lien
could be determined by that Court
Mr. Pryor behalf OF the receivers, said that the mo-
tons Of opposite counsel In effect applications TO
take property by compulsory out OF the hands
OF the receivers He denied that the title TO the prop
erty vested In the assignee In bankruptcy The title
OF the receivers anteaed the title Of the assignee and
the title 10 the property ps0 Jaet0 In the receiver
title remaining with the firm TO be adjudicated upon
by the Court In bankruptcy There was no power In the
United States Courts the Jurisdiction OF the Su
perior Court In like this AS TO the equities Of the
the Superior Court marshas and distributes assets
in cases where receivers are appointed with as due re-
gard TO the interests Of all parties concerned OBJ
served by any assignee In bankruptcy.
AS 10 the motion for prohibiting the Superior Court
from taking further action 1t was agreed to submit
written points. Counsel for appellants said that the
theory that the firm nsolyent, when such was not
the case the assets OF the firm exceeding its liabilities.
He further said that one OF the suits IN the State Court
IN which IL sought to substitute Beecher for Clark
plaintiff suit In which Beecher himself de-
fendant.
The Court took the papers. reserving its decision.
New-York tribune., 1870-02-03
PROMINENT ARRIVALS AND DEPARTURES.

Cen. Thomas Ewing, jr., of Washlngt0u,
Judge a. F. Constock OF Syracuse, ex-Congrcssman r.
z Woodbridge OF vermont, the Hon: + D. nice o. Az;
gusta Me- the Hon. NJ. T. BeWus OF Mayyille N 4, ana
Col IT. g. McComb Of Delaware, are at tho Fifth Avenue
Hotel ==== Gen. John C. Fremont of TaIrytoyn Cen
A. B. McCalmont. Gen. G. W. Cass, and springer mar
kansas VIM. ii. Seward, jr. OF Auburn, ana H. o. kll-
burn of Maryland, are at the st. Nicholas Hotel anoi
Gardiner OF Washington, at the Metropolitan Hotel
Professor Pierce, and j. NJ Barnard OF Boston are
AT the Brevoort House J. II. OsgOOd OF Boston, IS
at the Westminster Hotel =- The Hon. stephen san
ford. NJ c., of Amsterdam, N Y, Is at the ST. james
Hotel - Capt. Tbbes Of the steamship CITY OF Lon.
dop and W. Herbert Peto Of England are at the Everett
House - The Hon. f. NJ. Madden OF Middletowh
n Y and the Hon. T. NJ Clark OF Connecticut. are at
the St Denis Hotel. = Louis McIane OF Baltimore IS
at the Hoffman House. 80 Gen. Butler arrived IN the
city from Boston yesterday and left for Washington
last evening - Mayor Banks and Committee OF
the Baltimore Common Council who have been attend'
ing the Peabody obsequies at Portland arrived IN the
city yesterday and at the Metropolitan Hotel Ihey
leave for BALTIMORE today
New-York tribune., 1870-02-03
BRITISH COMMERCIAL LIFE INSURANCE CO..
now OFFICIAL REPORTS ARE PREPARED.

HOW OFFICIAL REPORTS ARE PREPARED.
In the Supreme Court, at Chambers, yester-
day. before Mr. Justice Cardozo the matter Of the British
Commercial Insurance Cs. heard This Company It
may be remembered, failed. aud proceeding In
sttuted by OF the policy holders IN which Mr. Francis
N. Bxby was appointed Receiver. There nearly
$4,000 in the hands OF the Insurance Department a
sum sufficient TO reinsure all the pOlcy-holders Mr..
Bixby made an arrangement with the Continental Life
Insurance Co TO einsure all tic policy holders and the
Court Judgc Cardozo) made order permitting him TO
make this contract Meanwhile an application made
on behalf Of large majority Of the polcyhodors that
tie reinsurance he made with the North Western Com
pany Of Milwaukee aud order staying proceedings
nntl their petition should be passed on was granted
Mr. Bxby on the day made tho contract with the
Continental Insurance Co. An understanding wac come
10 among parties IN interest that The polcyb0ders
should De allowed 10 select their own conpanl abd an
order made by Mr.. Justice Ingraham To that effect
The Continental Insurance Company now move 10
vacate hat order the ground that they have acquired
rights under the contract with the Receiver "lch thc
Court was not at liberty 10 disregard.
Ia reply, The attorney Of the western Company
read the petition, TO which 20 names ~ policy oId
r were af"eed Drparcd Ior the former MolIDn' bIt
New-York tribune., 1870-02-03

only alluded the discussion. THIS peuton siy
tEat they prefer the North Western Company as P@vy @
mutual company and Object to ,hs stated that
appeared by their reports to the ssa were s b57
ment that their cash receipts down 70 sos w
700 2O their cash captal 100000 and their % cash
bnt s6ls3Sl 49, which should leave them MN ,n tnat
assets Of sl,039HG o5. But Their ,Po rePof bnt roi
year gave them OF casn anu Tney explained
this IN some way by unpaid premiums uu' ,a,ament
the EXPLANATION they had, by their own nns ~.
including unpaid p,emams ut io not sper
cent on their risks, which amounted 70 se money then
Continental Company PROPOSED .arfment w. or a portion
-, 4, and snhstute themseyesas security Inc auouns
now in the hands OF the Insurance d mas
SS Sf Ssh Sisr 81 r cent on the outstanding risks Of the
insoIyent Company and this cash secNlly Wy rvne!
holders were asked TO surrender Tor ono vi SnS ~, p.
cent an the risks The other Company pfoPoseu W
s security where 1t was and add their own strength as
an additional security. 4, ,ros ,ho ors
In opposition, aidayits were read that ~ ws 0 s
tom OF ali the Companies, in making up their
TO include the premiums for the year. even U as p,
among their receipts that these were III many eases
transferred subsequently TO tho deferred poi,nd d S @
count: that they and premium notes were goou as
SETS since their nonpayment ln some cares ~. m ~ ,,
feiture of the policy In other cases ,hst ~
yonne Company and Its accumulated fund necessarily
less than that Of older Companies but not ess peIect
rue nv which IL was sought 10 show deficiency III heir
accounts a deficiency would be found in one OF the the
strongest Companies OF four millions III another Oh TWO
millions and in others OF various sums .
IL was argued by the Company that the arrangement
with the Receiver was fair and was bndne anu at te
Court must sustain the lawful action OF It's receiver
In reply 1t argued that the stay OF proceedings
was binding the Receiver the instant ~ was made,
that the contract therefore was OF no iorce at @ ,e
policy holders The further argument was a9loufned
Mr.. Rapao, for the poicy.hoders Mr. MU. iraoy'
amce Department Mr. Nathan for Receiver; Messrs
Dimick K whitney, for Continental ms CO.
New-York tribune., 1870-02-03

TIE Grand Jury recently visited the pAep-
matte tunnel under Broadway. and passed hour In s
careful examination, including the novel blowing and
tunneng machinery. Tho Jury adopted report
rating In every particular the late report OF the Legsla
tive Commission TO the strength and entire safety Of the
tunnel.
The Germana Assembly Rooms were filled
last evening with large number OF darkeyed brunetes
and gay looking Italians, who danced away the small
hours OF night on the occasion OF the third annual ball Of
the Italian Rife Association Colombo Guard. Inter
spersed with the melodies OF Italian national airs the
dancing music resounded until an early hour this morn
ing.
1t is alleged that n railroad company has cnt
through the forest OF cedafs Sandy Hook for dis
tance Of two miles, and that II this work Is allowed
proceed the entire wood will be destroyed. and the Hook
win even he washed away altogether, much the dotr
ment Of the harbOr The land la question IL Government
property aud 10 s important that this unauthorized and
destructive proceeding ON the part OF the railroad should
be stopped.
The American Tract Society, through its
agency at Richmond, has employed dunDg the past
Union.Msunary colportcurs have performed months
service, made 1851 Christian family visits held OG6
public religious meetings, found 800 families habituny
uegleciing attendance up0n cVaugrlicgl prcachug
and ,Sj9 destitute ~ the Bible The SOccIy 10 supply
these dosiuOns aud support the cOporteurs pends
annually about tN.5OO.
An important meeting of the West Side As
eOcaIOn was held last evening at the Everett Rooms
number uf resolutions were adopted regarding re
accommodations afforded by the EighthaVc. Railroad
the Injustice ~ Tia. tax money lent bOud aud mort
gage, aud The generally unfortunate condition ~ West
sd" real estate owneit ~ was voted Ia nr"riaH" the
ham, j. W. Piiddon, william X. MaIiIb and hLiOId T.
Chujch. were nin0ns ile npcahis
New-York tribune., 1870-02-03

war with Great Britain would in case OF capture yaT Ty
the latter be- treated sinply as prisoner vi hir,
Inn our law Of 1918 would mahp ooanse
liable II he returned home, 10 penalty OF Si." vrk
might sell and deliver "A vessel TO the CUBAN
receive nav therefor and go to Madrid au theFe
tho proceeds OF that transaction wlthoul up 'Pnnd
Government dating to moest nI', w" ,ndorooing
a nooyv nenaity. such was the operation w a. III
unjust unuece ssary and, as he Thought, n
inv Refcrripg the Alabama claims, nc hoJon,
were danger OF establishing an oorv foreign
power The right to clohe any other peopc win peie
erent rights whenever they approves 'ho oauso no To-
which such people made war Inc cause mus.
be approved. They could not cfluclse me aes
of n sovereign Power In going to war, but they
might crtcise the act OF an lnsurrecuonary ROVER.
lie fouud fault with Great Britain, not so much
that she granted belgereM rights TO the Sonh at an
early day. but that she gave them 10 Insurgents WHY
were making an unjust unprovOked by WRONGS ana
not Inspired by any hope OF reform. In eoncnson ne
said IL Government existed In Cuba which claimed 10
be independent OF Spanish control, and II we believed
independence to be Cubas just right. ana tnat
1t would be made good use Of, we owed 1t TO CUBA,
10 tho memory OF fathers, and To the cause OF
American Progress to sovereign AUTHORIZATION
and so at once them from the category OF pirates
IT, believing all these things OF the Cuban struggle we
refused, out Of apprehension that we might
the OF claims upon Great Britain 10 fepca
unjust and unwarrantabe restrictions upon oui
imposed by the act OF 1919, shall have surrendered
that very position which are told the Pres9eht ns
resolved maintain, and renounced the sacred rsh' VI
neutrality. $1,000, .,o
Senator from Wisconsin (Mr Carpenter) and others ue
sired heard upon this bill, and as ne was VI
calling Census bl he proposed tnat the 0ehao
should determine upon some course OF proGeuuI
Considerable discussion ensued, and without anoruS
any understanding upon the subject, the senate au'
iOurnCd
New-York tribune., 1870-02-03
HOME NEWS.
TIKI WEATHER.

RyuARKs-Morning Overcast l2:2j TO 1885, very nazy
nix very cloudy Il overcast from to noon Northern
Iights from midnight to 1928 Afernoon-Very cloudy
,n1 cloudy 2: little hazy and slightly cloudy 81 htte
cIoudy $50 EvenIng-Iittle hazy g. slightly hazy 10
SIS clear s:16 TO IL. Noe.-1st.From II p M TO ma,
gbt windy: little hazy and from 1890 10 l4O very
besv 1850 TO l2 Northern Lights Phases OF the moon
Iere il no new moon this month The first quarter VIII
be on the eth at l:23 y. nj. ---,.-.
New-York tribune., 1870-02-03

TRANSFER or MONEYS THE NAVY DEPARTMENT
The Census bill then taken up aud lard over on
order.
on motion OF Mr. MORRILL, Rep, Maine), the Senate
took np the bin authorize the Secretary of the Navy 20
transfer the Bureau OF Construction and Repairs and
Of steam Engineering certain uDapprOprated balances
to the credit Of other bureaus OF the Navy Department
Mr. TRUMBULL nIep liz objected 10 the transfer Of
money In the proposed by bill He referred TO
the previous loose practice which had up In the
Departments in the diversion OF surplus money
for which il was originally appropriated. In
one instance dunng the war money appro'
priated for particular purpose 10 the War
Department was used TO the extent OF $l00.0e0
FOR another purpose understood by Congress aud the
country He desired that hereafter propositions to sup
ply deficiencies should be made 10 present the sim
pe question OF an additional appropriation 20 the amount
required, Tins afiordng Congress and the public better
Alderstauding Of such matters. The bill was then laid
a4ide
OUR NEUTRAL RELATIONS.
Br. HOWE tRep., WIS.,, on leave addressed the Sen
Gte IN support Of the bill recently introduced by him
more Sseualy to preserve the neutral RELATIONS OF the
United States.
The b rpsAs OF lss vLel d, ,
hg Of 40 American citizen 10 enlist foreign army or b Rog
abroad fcI that and prohibits American sbpbudrrs from being
concerned IN bufeF hBg out equppDg efus
against asy iYIeign FO~sI With whom We peace
Mr. HOWE RIgged that this statute Of 1918 was mart
OF al aIIangemeIt by which Spain eeded the United
States the FlOrde. the cessOn being made siinnIas
ne0usIy with this legaop, designed TO enable spain 10
hold on TO her eooes The statute was deslgnedly
unnoutIal because 1t passed at the solicitation Of
one Delgerent against the Interests Of the other An
t.ssaAn citizen enDspDs in The army VI France. In
New-York tribune., 1870-02-03
10 MILES COMPLETED
ONLY lie MILES
TO FINISH THE WHOLE LINE.
PER CENT GOLD
First Mortgage Bonds,
Danville, Urbana, Bloomington and
Pekin Railroad Company
Of Illinois. !.
rhI. road J. bow vIRTuALLY cOMPLRr

This road mo" VIRTUALLY COMPILE ~ a. th.r, r.,,.,
latest sdTce' but u miles Of tack . be laid and n.
be opened throughout about fso' ~ the tr m
the ground Trains are uuung on the portion ,o,
the earnings considerably ,el The .n,iei,,t.on ~ a. ''e
seVeneg'hs ' Zoe bsnds already been By is,. -
the present se''s 'emand si absorb the balance
The road a1 5-loO miles length and only Rssi ,s T.
line come hg the cities from shh derives s 10 or.,s1
ever zen built having va1sble Connection s =,
Ttst At PeEin Il connects PEORIA Burlng,oa and O.,l
the Toledo Wabash and we,a; Irdan,pos @
the Pennsylvania Central Baltimore aBi Ohio ad o.. aas Ia,
making through diret rout in Illinois Iran. t
SewYok Boston Philadelphia and Bai1or Peoria Barura,
Quincy Omaha aud the Far West Among the sd1tsss u.
claimed road position directly the Of n,,, -
travel asl the track Of the great Of oz We,
to East
THE LOCAL TRAFFIC mn also be very large roa p,,,
through Que Of the richest sDd pOpuon, , N
which has become famous building up several most p0,,
railroads this county, through the immense local i eoas
them
SECURITY OF THE BONDS.
Tie whole pbch be sold ts 100 70,
mile which has atout 10000 mile; t
liability Of the Company o each year viii he oby sip0o
gold which really Insignificant when tie eaneief oaoa
Of road considered 10 addition the sscur au by Sra
mortgage upon the entire property u ftclass rsol i rl
length the Bonds have lately heeu further secured b esod.pos 4
this line With the Indiana po CraNfone and Daat Road mas
over two hundred under management that The n
only Fr Mortgage Of less than $4,000 nile @ IN 100
miles but have BY Consolidated Company u.
Of the Indianapolis Bloomington and Western Railroad tonyss
VALUE As AN INVESTMENT.
The Bonds pay SEVEN PER CENT ~ GOLD cospoas l
semi annually Apnl October the Farmers Lo,l T,
Company Sev.IoTs. The Boui may also Je fsgser6
holders option.
THEY ARE FREE OF INCOME TAX.
THEY ARE CONVERTIBLE into stock ani the stocks o.
Of the principal Huo.s The Rock Isnd lho.
Chicago and Alton Burlington Quney have sold
Boards from .abOve par nearly 300 cent. ms prg' Q
r,rnag stock o he Compray pr, 'ry
their tdlp, aud should be highly appreciated
PRICE %
interest currency Gold Coupon Gov-gre' ,s ~
marketable securities exchange the hg, rs,s,
free We forward Bonds b7 re ~ srEs
Pamphlets containing Maps and Circulars relating To- To- R .bs
application by the undersigned Financial Agents Of tie cHp
TURNER BROTHERS,
Bankers, IA Nassau-st., NeW-Ymk.
New-York tribune., 1870-02-03
TURNER BROTHERS,
Bankers, IA Nassau-st., New York.
CHICAGO And SOUTH-WESIERN RAILWAY
COMPANY.

Principal aud Interest payable IN GOLD the Ameas EIslse
National Bank Of Ne~Yor Coupons payable Mas sra Nesabs
free Of .-...- 49,
md
New-York tribune., 1870-02-03
SOUTHERN SECURITIES

SOUTHERN SECURITlES.-
First and Second Mortgage Bonds
of leading railroad lines in Inc tn
South. Eight per cent bonds at oV'
50, and 80 cents on the dollar. ray
ing 8 to 10 per cent on investment; nnC
Mortgages only $4,000 to $lo'Vw
per mile. Interest Coupons pay
able semi-annually in New-YorE'
Principal due 1884 to 1890. Ian, =,
CASTER, BROWN q Co., ~
Nassau-st.
New-York tribune., 1870-02-03

SQUIRE e. LANDER, 81 Fulton-st., New York
(, the hest place reliable WATcHEs 6ne DaNosDs choice Jaw
KIRr aud SILVER WARE. Diamonds specially
New-York tribune., 1870-02-03
IAnuouncetnenuI

PAPERS TwINFs, THREADS, AND CoRDAGE.
HARYKr Once aud Waerooms IS aud o Broadway he"
YOrk
New-York tribune., 1870-02-03

dissolved N. injunction recently granted against the Hisbehtovn
One Of the prisoners who recently
ecsped from Camden Jail has voluntarily surrendered Another 0
The yes onnaa has been oaptuej IN Pennsylvania
The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-04-27
II uEI ODLlOa
WASHINGTON, April 20, 1870.

THE WISDOM OF BUDDHA.-The Diam
mapGda( one of the Buddhists' sacred books,
dating from more than two hundred and
fifty years before Christi which has recent
ly been translated by Max Muller, is remark
able for the lofty tone of its moral teaching.
Such passages as these appear in 1t: Ha-
tired does not cease by hatred at any time;
hatred ceases by love; this is the eternal
rule" "H one man conquer in battle a
thousand times thousand men, and if an
other conquer himself, he is the greatest OF
conquerors" "Those who are slaves to
passions, run up and down the stream lot
desires) as spider runs up and down the
web which he himself has made; when they
have cut this, people enter upon their pill
grimage, free from cares. leaving desire and
pleasures behind" "When the learned
man drives away vanity by reflection, he,
the wise, having reached the repose of wis
dom, looks down upon the fools, far from
toll, upon the toiling crowd, as man who
stands on hill and looks down on those
who stand on the ground" What is the
use of plated hair, o fool2 What of the
raiment of goatskins2 Within thee is a
bottomless gull, but the outside thou ma
kest clean.n seven an evil doer sees happi-
ness as long as his evil deed has not ripen-
ed: but when his evil deed has ripened,
then does the evil doer see evil even good
man sees evil days as long as his good deed
has not ripened; but when his good deed
has ripened. then does the good man see
happy days. go
The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-04-27
gf'ls!efklg Stanaafh
Wednesday, April q, 1870.
For the Standard.
Letter from New Hanover.

MR.. EDITOR: The weather is clear and
dry, and though we are beyond the rainy
season, we are favored now and then with
an evening shower. Pittsburgh has its
SCOT to blacken your face, and Wilmington
has its simooms to blind your eyes. ANY
number of them can be seen for miles war
ring in the elements, and whirling the Pc
destrian from the side walks to some corner
of the fence, or perhaps to the middle of our
streets. A foreign traveller would at once
imagine himself strolling across the plains
of tropical country. M
Extensive arrangements are ssssi;lg made
to celebrate the passage of the 18th amend
amendment The day set apart is the Sec
ond of May. The programme promises a
demonstration unequaled in the history of
the colored people of Wilmington. One
hundred guns at sunrise, a general turnout
of colored public schools, all the States rep
resented by ensigns, Union Leagues, Odd
Fellows. Free Masons and other societies in
full regalia carriages with distinguished
visitors, Governor Holden, His Honor the
Mayor, Gen. Abbott, Colonel Dockery,
General Butler, Judge Kelly and 9TH
ers in the procession, and passing
up the principal streets; display
of flags from the various departments, en-
ployees of the city, the various engine COM
panies in the rear, led by long foot pro-
cessiou to the grove where able speeches
will be delivered. &C., &c. The citizens
turned out at the City Hall last Friday
evening to hear parting address from Gen.
Rutherford, who was on the occasion the
recipient of gold headed cane The city
is full of aspirants for the Legislature, all Of
whom complain of the ardlous dutieslen-
joined upon Legislator, SHOULD they get
the nomination they do not wish to ibe
brought forward, but it is the urgent re-
quest of their numerous friends. Ward pol
iticians are looking forward with consider
able anxiety torthe next regular meeting Of
the city fathers when two Aldermen for the
new ward will be elected. Duncan Holmes
and George Arnold are the probable candi-
dates, whose policy is to throw open the
doors to the public; hitherto the sessions
have been conducted with closed doors
His Honor, the Mayor, Silas N. Martin is
considered the most acceptable mayor we
have ever had; able and dignifed he gives
tone and character to our city. His watch
word has been retrenchment and reform.
Over his own signature he makes quarter
ly exhibit of the condition of the treasury,
thinning receipts, expenditures, &C.; mat
ter which renders great satisfaction to all
class of our citizens.
The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-04-27
For the Standard.
"HonOr to Whom Honor is Due.'


Mr.. EDITOR Right and justice demand
that every man shall receive the respect and
honor to which he is entitled. Prejudice,
partisanship nor sectarianism should prevent
any man from rendering them. write this
because there is, at least one man before the
public who, think. receives not his deserts.
That man is L. P. Odds. Now l am not q
Radical neither Republican and in fact
have but little use for or to do with politics.
Though am no admirer of or apologlst for
the politics of the subject of this communi-
cation O.. P. Olds,) yet having known him,
intimately, for great many years, have
been an admirer of his character as a gen
tleman and christian. He has received a
liberal education and by subsequent study
and travelling has stored his. mind (which
naturally is good with large fund of USE
full and varied knowledge. He is in many
respects an accomplished scholar and pol
ished gentleman.
In former years, when regularly practicing
law, no lawyer stood higher than he in the
courts in which he practiced. Further than
this am not a judge of his legal ACQUIRE
ments or acumen That he IS safe and
trustworthy have no doubt. The fact that
the officers of the State consult other coun-
sci does not. by any means, prove his incom-
potency. Various reasons, other than that,
might induce that conduct; for instance,
am not sure who receives all the fees of such
consultations.
1t is said that all trades have their tricks.
However many improper and injudicious
appointments Gov. Holden may have made,
the appointment of L. P. Odds to the Attor-
ney Gen = think, is not one of them.
The nQn-in-law to the Gov
crro> ,tjectioa to him,
Whac sad against the Gov
ernor il Eehdable in him to take care
of his kihs,oik when no injury is thereby
done to Others, as we maintain is not in this
case. In that course he is justified by the
very highest authority. He would be dere
lict in his duty not to do so ''cateris para
tes" Therefore '.render unto Cesar the
things that are Caesars"
ANXIOUS VERITATIS.