davidaulloa/AmericanStories huggingface dataset:
New Orleans Republican., 1871-04-06

1
act for the relief OF j. .. Nixon, late State
Printer" is, upon it's face, IA bill apprOpria-
sing money out of the public treasury excl,l-
lively for a private purpose; the people Of the
State, for whom tho Assembly exercise
the legislative power, have no interest and
can derive no advantage from said appro-
priatiOn, hat are nevertheless required TO
pay it from the taxes levied upon their prop
erty.
5. That while the General Assembly of
the State is vested with full legislative
power, under the restrictions Of the consti-
tuition OF the United States and the liInita-
tions imposed by the constitution of the
State-that while III the exercise of this
power their actions can not !be controlled
except by their own discretion and wisdom,
there are still certain other limitations i'm
posed upon tho exercise of that power by
the very nature OF the power icself. The
legislative power implies acts for the public
welfare and advantage. That although the
assembly is sole judge as to how it shall ad-
minister it's powers for the public good, still
| If an act is passed which at ''first blush
clearly appears to have been en-
acted for the private advantage
Of one or more persons; if it clearly appears
that the public have no interest in such act
| and that it imposes burden upon the
citizens Of the State, it will be the duty of
the Judiciary to declare the same void, be-
cause no authority to pass such an act was
| vested in tho Legislature by the grant of
| legislative power contained in the constitu-
tion. That, however, such Judgment can only
| he rendered in q case properly before the
court. Therefore the act No. 80 aforesaid
| is unconstitutional and void.
Wherefore it is ordered that tho man.
| damus be refused ct tho relator's costa.
Ceamuina6oUef Welleesn Coure
1 =. - NS~ sAs-a
New Orleans Republican., 1871-04-06


hand, all Of the sovereign powers which are
inherent in the people and which were not
delegated to the government of the United
States. are vested in the State governments.
IN Great Britain, Parliament is vested with
the lsw-making or legislative power, with
out any restriction or limitation. 1t has
been said that this claim to 0mnlp0tence
rests upon the fact that Parliament is un-
fettered and unrestricted by written
constitut,on expressive Of the will of its
constituents; that it stands in the place Of
the people, and speaks the language
of absolute sovereignty. Smith on consti-
tutional construction, Sec. 293. This absO-
lutte power of Parliament has been ques-
toned. Lord Coke declared that the
common law doth control the acts of Par
lament, and adjudges them void when
against common right and reason. Coke,
lI8. This view was commended ~ Lord
Lord Chief Justice Hobart insisted that q
statute made against natural equity. as to
make man q Judge in his own case, was
void. This, however, is not the settled rule
at common law. The weight Of opinion is
that an act of Parliament can not be ques-
toned in the courts; that it imports alb
solute verify and is the ''exercise OF the
highest authority that the Kingdom ac,
knowlcdges upon earth" Still tho ooid
expressions of tho great jurists named, in
dicates that in England and long ago there
were men who could apprehend the fact
that the evolution of Angl0-Sax0n liberty
was producing civilization whose corner
stOn0 should be that governments only
exist for the benefit of all the people.
In the system of representative govern
ment which has been developed in our own
country. the legislative, executive and
judicial powers are organic and coordinate.
Neither IL abs0late, nor are they all. This
is the political life of the age, whose history
is written in constitutional enactments,
which have been declared from time to time.
The legislative power is divided up be-
tween the Congress Of the United States and
the Legislatures Of the several States. Con
gress exercises legislative power only 50 faz
40 authotity has been delegated IN the ma
tiOnal constitution. The federal govern
ment can do nothing but what is authorized
expressly Or by clear implication he wne
maintains the validity Of law OF congress
must show the authority to enact It. IL
not necessary hero to notice those powers
1t may not be improper, hewever, to say
that, In cOnsOnance with the idea thai
| constitutions grow. the student will observe
/ the expansion of the legislative and iudicia
authority under the national government
| Whatever power IL necessary to protect tn
| citisons Of tbs republic, or to sid In develop
| M 4ho resources Of the country, g cheer
| fully granted BY tho peopla '.f :. s... :
n IThe ro1fdiumof TIN kwlnnaHae uogRar \
reserved 1oan6 veGtea = tAe leGia1atuxul
sklstf - Isfzsf'< .4st ~ ! @fzs& sfsF ~ y
New Orleans Republican., 1871-04-06

Ks~>~> ~@~
rent school fund. faf
For the contingent expenses ct tae
pr ma COCr-, tive thousand d0llarD.
Fur the contingent expenses u tA0 ~ r.
ter of the State Land Office, tifteeh hate
For the compensation to aeseseO1 ~
the general funds, the curre1t%sohooa y
the interest tax fund, the leveo tax
and the special levee tax fund, ono hu1
and seventy-0ne thousand four hundro4
seventy-two dollars and eighty-six cenes
For commissions to tax collectors -
the general funds, the current school
the interest tax fund, tho levee tsx 9
and the special levee tax fund, one hun
and ninety-six dollars and nineteen cea1
For deductions to tax collectors out =
general funds, the current school fun4
interest tax fund. the levee tax funo
the special levee tax fund, four hundroq
eighty-s thousand dollars.
For the contingent and travelling exp ~.
of six division superintendents OF e.
ton, ak hundred dollars each, three e
sand six hundred dollars. u
For the travelling expenses Of The. d
Superintendent Of Public Education,
parishes of the State, act No. 8, extra
sion of 1870, one thousand dollars.
For the arming, equipment and mnllss
ing Of the State militia, seventy-6ve thOe -
dollars; and for expenses Of the State |. 80
tia in case Of necessity, seventy -hve
sand dollars, to be paid out under ths
rectiOn Of tho Governor of the State. -
For the interest ON the bonded debt q 4
State, az follows: q
For the interest ON the bonds issuea
the New Orleans and Nashville kaaa,s ~
Company, twentysev thousand four
dred and twenty dollars. 80
Interest on the bonds issued to tho 1e.js
can Gulf Railroad Company, two thoos
seven hundred and sixty dollars. -
Interest on the bonds issued for the - ~
OF the State treasury, act No. ~ os = -
fOrty-fve thousand dollars.
Interest ON the bonds issued to tho nYn n
Orleans, jackson and Great N0rthorn
road Company, 1ifty-threo thousand
forty dollars. -.
Interest ON the bonds issued to tho 49,
Orleans, Opelousas and Great Wees.j1
Railroad Company, thirty-nine th0u
!. Interest on the bonds issued to the -
Rouge, Crosse Tete and Opel0usas ka1!E
Company, nine thousand six hundEea 3.
lars. e" go
Interest ON the bonds issued TO the VI
burg, Shreveport and Texas Railroad -,
pany, eeventeen thousaad eight hunelss
Ilfsssst = g benas issasd l6r lsvse r.,
pdnoe, ct NJ. l1S, efl00, ~ 1nnoyUe
1bety >Aou1omA 0ollasA 9 sss2ss
New Orleans Republican., 1871-04-06

been more fully discussed. In the leading
case of Sharpless VS.. Mayor OF Philadelphia
above referred to, Chief Justice Black was
tho organ Of the court in render
ing the opinion sustaining the consti-
tutiODality Of an act authorizing the city Of
Philadelphia to subscribe to the stock OF .
certain railroad corporation. The law was
contested, among other reasons, because it
was said to impose the burden of taxation
for q purpose not warranted by the cOnsti-
tuition. Judge Black considered the nature
of the taxing power, and quoted Chief JUS
tice Marshall. in the case of McCulleck vs..
Maryland, 4Wheaton, 4os, who declared that
there was no limit to the power Of taxation.
Judge Black, however, uses the following
significant language:
Il :. But do not mean to assert that every
act that the Legislature may call tax law
is constitutional. The whole of u public
burden cannot be thrown on a single indi-
vidual, under pretence OF taxing him.
These things are not excepted from the
powers of the Legislature. because they did
not pass to the Assembly by the general
grant Of legislative power. prohibition
was not necessary. An act OF the Assembly,
commanding or authorizing them to be done,
would not be q law"
Again he remarks, in the same case:
II am Of the opinion OF the Supreme
Court Of Kentucky Is b. Monroe, 345j, that
tax law must be considered valid, unless
it be for 8 purpose, in which the commu.
nifty taxed has palpably no interest; where
it is apparent that = burden is imposed 10!
the benefit of others, and where it would
be so pronounced at the first blush.
Neither has the legislature any coRstltu
tional right to create public debt or to
lay tax, or to authorize any municipal
corporations to do it, in order to raise funds
New Orleans Republican., 1871-04-06

TIA eaptain cf the Rzitish schooner
Astxes was cAaEDoa BY one of his cnew
with aeaeu1t pnd battery. The captain -
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30
fuT the I'l
MARRIED.,

Married on the 9th inst at the resi-
dence Of the brides father by Rev n, W
THOMPSON Mr.. ". 7. MASr0N to Mis-
VI. +. FLOYD.
This "y6atlhful loving pair" have
launched their boat upon the sea of mat.
rimony, with the congratnlation of many
friends; for when liymen joins those whom
Cupid has bound together, kissing the
bride and shaking the hand Of the groom
are not mere formalities, but nre express
sions fjoy, yelling up from hearts full OF
h" Wd ,es,. H.,
young bride as she "with womans dero-
ton" leaned upon the arm of her youth fu |
husband, and the wish
"Bubbled up from the heart 10 the tongue
that the pathway Of life might lead
"Wherc the flowers ever bios. IN, the
beams ever shine
We know that Tom will be hnppy, and
We feel TINT the frank, generous and true
friend of our youth deserves, the fair prize,
and will make n kind and affcctionate
husband. CHARLIE.
The Printers on thii occasion were duly
remembered in geh.rous share OF the
brides cake.
At the residence VI Mrs KENT, in Ben
ton Yazoo County, Miss, IN wednesday
Dec, 20 inst, by r W. THOMAS. ESQ, Mr..
JOS L. WEIGH Il Dnllns, and Mrs. f. i.
wendell, Of the former place.
Thanks for tn, abundant cake and wine,
which came with this notice. As the bride
is from the editors old State, he most es-
pecially wishes both happy union and
long life
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

eos fsI'f o. u.sii ifffl sea saNs
r.atalti. a.if siiissstf itsfssIif 81 d,
iffnaiti Tttr sees "a iss ssil
isisff 49, A. ~ ssl 80 $50 ilsI is
afi r. r'ias 10 tfiif ts'ffaatsi sni
seller Ices oar usuttffr ~ ssa Asis
lis is ssaar its ssiiilfss Be- res uaiisr
aul iis sriTi n tsufil.siips sul taiaa 10
ussi,t g. ~ tsuaarsisa a. 49, itt ,aasi,
ir,lsiiss ~ q l'ls sfini, si'hs 49, lifha,
rIs'is sisis tssssulisu, ''hsi sHsblsi 10
sii O., gaiis uiaa . sasuaH iplsiieTu sHi
,Aisin : EisIisus sisieIy sEu ssTTupiisa
.ni 'iiisiuy, He lsmofraiis'n Fs'Pafss
,hsull net sHly suliiIais NE nosl fIisLiiy
FsiaiioHs siih ssrh silsF, bu' ihsy shesli
properly encourage al Tspuhlisaa esgsis,
whrA ihsy sHhihii az iHisTsAdshi, "a hoA-
ssi isisrainaiisu 10 sNPose corruption sHi
facilitate Tsisrm, Ne irasi thai sue. msR
as Carl sshaTI GOV, PalmsT, fTurnball sHi
slLsUs gill sesR see that ihs sAiy say Of
EssiaIins iLe couniTy "a . Constitutional
goESrRasIi, and establishing ga sun
basis The supremacy Of the civil over The
mililATy arm, is 10 uEiis With The dsmSs-
Taey sad aid them With their uhsls
siTsnsih and miGhI, They musi come 10
us-Ihs democracy esHsoi 50 TO them,
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30
A Card from Judge Cullen.

Mr.. Editor As erroneous opinions seen
TO prevail with many Citizens, in regard
TO the law authorizing and empowering
Cities TO give lid to Rail- Dads, by making
donations, permit me through the DIAL
las HERALD" TO correct them. The law
after vote TO give aid requires the bond,
to be issued only on completed ,cork, and
then placed In the hands Of the State Comp.
troler and by him registered and kept
When taxes are collected TO pay interest,
it is paid in the State Treasury, and ap-
piled to payment on said bonds by the
Treasurer and Comptroller. Tie officers OF
the Railroad Co. touch neither bonds or
money raised % pay interest, SC. They
only use said donation as a bdsis Of credit,
to get the money to grade from your city
and complete n road bed for Iron as far as
it will go. The Company have already ar
rangemeuts made 10 get all the iron and
rolling stock they need without any dOna-
ton or assistance from any one.
Ii is with the citizens OF Dallas 10 say
whether they wish the dallas & Wichita
Rail6ay7 to be a DALAI Road, or not; as 10
the importance Of a Railway that will snip
ply them with an abundance OF coal, iron,
copper, lead, salt and plaster Of paris; 10
build up machine shops and manufacto-
tiss, J will say nothing. will only add
that have never known o city to get
Railway even wLsn the place is mention
ed in the Chatter, whose CITIZENS eouiribu-
ted no aid, and don't think Dallas viii be
an exception. lfson think you can get
Railways by folding your arms and doing
rothing, | am afraid you will be sadly
disappointed. Remember citizens Of Dali
las II you get any Railroads, you must pay
something 20 aid in their construction.
Your obi servL
E.W. CULLEN.
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

BkS- Our able contemporary and name
sake Of Dallns, the HERALD, under the ed
itorial management of our esteemed friend
Capt. Robert Josselyn, does not approve
the "passive policy but on the contrary,
wisie. the Democratic party to put in
nomination. straight out Democratic tick.
ct, such rs Den. Hancock, OF Pennsylvania,
for President aud John Quincy Adams, Of
| Massachusetts,, for Viec Prcs ideut, express
| ing the opinion that with such ticket
success can he achieved. We confess that
we do not feel so sangnine rs onr cotempo
rary; but having high opinion of its
judgment, we append an able and well con.
sidered article Oh the subject, merely re-
marking tina, we are welded to no partic.
ular line OF action, considering the defeat
OF Grants re-eect ion to be paramount to
all other con sderatious IL we felt san
suine that Democrat could be elected, we
should favor a Democratic nominee. But
not feeling sanguine we have been willing
and are still willing to unite on smoder-
ate Republican If by 90 ling success can
be rendered the more certain. But in any
event temperate discussion cannot be out
Of place. San Antonio Herald.
The foregoing utterances Of the San An
tor 10 Herald are In the very best spirit
and serve 10 highten the warm ttliination
we have ever had for our always moderate,
sensible aud dignified cotemporary. Ithas
been our pleasure to agree in almost eve
rything with our namssake, during the
whole time OF our editorial career in Texas.
its good opinion is very gratefully ac-
knowledged and appreciated. II there is
any difference now in cur judgments, it is
small, and there can be no doubt that,
when the hour Of action comes, We shall be
shoulder 10 shoulder. II the democratic
leaders, who have the best opportunity Of
viewing the whole ground. aher due DELHI |
GRAFTON in general council, come 10 the con- /
elusion, that ID is wiser To- fOrsto nonin,- 4
tons for the Presidency, and Vice Pr,si
debey, we shall 81 ids by the decision, and /
light ss hard az We can for the best We can
rot. The defeat Of Grant stems T, Desessi-
" for the continued life Of the Republic
With Us, Il is q question Of policy 40 we'll
,s principle. We think the best chance is
n keeping mp tAe old demOersfis srgsnirs-
ion and lighting IL cut 90 thatlins." To
eat Grant, v. must get seesssions from
be Rsroblissa Party. and ne must ists
och lBOd.rsts positions as riIi ehiic. ih.
isBsri sni patriotic Of thar party 70 Gene
. 10 and 80 With rs The eourss Ct some
tht NEST vio1sst ana thvusbilszs Of ssr
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

Gly ~ iisllas. ltss. msto hr ihs
iiugeTuor s'hte The passage ~ the
40 a. ine0rpmais che tiiy ~ liaIlas
dated April soih, 1911. sniiilri "aa
40 a. incorporate the tiiY ~ nsllas.
in pallas eouniy, fc1as Mu are
clearly II opinion that upon the
passage of said act hy the l.egisla.
iurc, and - approval that the
sane betums operative and binding
a. ANY other law passed by said
b0iy, and as such, that said art ~,
peaiei the act IT Jan. 2sih, lsi0,
entitled an act 10 provide iar the
appointment by the Governor, At
certain officers, sc. so Car a. said
act Is in conflict with the said act
TO incorporate lhe city 1T Dallas.
That the officers appointed hy
the tiOyerR0r before the passage of
the act 10 incorporate the city al
Dallas, and who were daily qualifel
as such at said time, will continue
10 h0ld their Offices respectively,
until the next general election ia
this State, uhless removed as is pre-,
scribed by section Is ard section 10 /
Of said acts TO incorporate tho city .
Of Dallas.
That tee manner Of filling yacan,
cies in the Office of alderman, asses
sOr and collector, marshal, or other
subordinate officer is clearly defined
by section IL OF said act to ineor,
porato tho city Of Dallas, which is
by election by the qualified electors.
and not by appointment by the
Governor.
That any and all appointments
made by the Governor since the
passage Of the act Ia incorporate
tho city of Dallas 10 oil any vacan.
~ or vacancies in any Office Of said
city Of Dallas, are void and without
authority OF law.
On hotion by ]. J. Long, the
opinion Of tho committee was re-.
ccivod and committee discharged,
and on matiGs by Col. J. w. Payne,
tho opinion Of Che committee was
unanimously nd tsh,
Motion by NJ. g. VI. Barksdale,
that the Secretary be Ttiucstcd to
tho Mayor and Colhcilmcr
Of the city of Dallas wits u copy
Lf the opinion Of tho committee, Ind
n copy OF tho proceedings had ut
each meeting OF tho Dallas bar
upon this matter, which motion
prevailed.
On motion the meeting adjourned,
SINE die.
Attest:
]. G. mccoy, Chairman.
] J. LoNa, Secretary.
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30
Magazines

Peters Musicai Monthly 'or 'Ahh"'.
has arrived with IT, u'ual qn'a'iy OF hoe
music, vocal aud instrumental. 10 So"
for this, Il cheap way tf selI'ns
The G.x .ma.ieal public ions. SGD
year. IL re;srF oss. Broadway \ y
Woods Household Magazine for January
contains much zoo. reading. This Is
cheap monthly without Illustrations o"'y
slap year. So. Wood & Co., Newburs
NY.
Ayihur's |. gyY lcmc Magazine 's "e'
fore ris, COOL as ever rn ruuly SODA year
This is an illuslrSd magazine nni~IlS.
the fashions. 7. $. Arthur \ Son, rhil
The chronological Journal for jan. II
we'll sustained. Samuel Il. Well, 3ol
Grosa~ay'N. Y. S3,oO IA year.
Tbs csgiidrens lIou., Magazine for
TIdc >Qn~s n on our inble-a nice Thing.
81 ~ oer y.r. rs. Arthur, Phu. :
#HHNH
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30
Dallas Dec. 2s,h 1871.

Wick, Illustrated ChiEingue for 1872
presents n brilliant sPPesrsbee- II flows
ers, colored and oiberrise are bssutiful,
james Viek OF Rochester s. 7. from whom
this comes has made himself fstBOus in ID.
flower lire. Any thint you tBat desire,
however rare, maT be obisibsd frDn hin
by orders. His rspdisiivt is bnrivslled.
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

Orr exchanges notice the killing of the
Hon. Reuben Davis Of Aberdeen, Miss. by
Col. Meek of Columbus, Miss. We have
seen no particulars and deeply lament the
occurrence. Both paNes were known to
us. the former Cor many years. lie has
brother ind o,her relations living in Tex
as and was a gentleman of many excellent
qualities. lie commanded the I'd Miss
Regimen, in the Mexican. war aud was
member of the L. S. Congress at the time
of secession.
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

pea. Elder Graves has been stirring up
cont oversy wherever he has been. lie
got up quite m excitement in Jefferson,
and the Catholic priest has been replying
to him. How many more souls get to glory
by mtans OF these angry, theological dis
cussions? Can Elder Graves tell We
have heard OF him for the last twenty.
five years, and he is always in hOt
water. We hope he will cool of in Hear'
an
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

STThs iski sisa, NJ ''sns's'sn, an'
- he saiIsns 1rnaerse'o iaIrrs a'''r 40
.l,is at l'snrTeys l,suaasEs'p = Al" 's'
Gu,s iir.sn ., Pssiirn', '''o'ii l. 'ha'
,Ls.s sA,,,m'sl. ia'aP f1aa oHs cal Of 'h'
liRs % he ulLrr, ms rarN ''saT ''a'lrf'
.,s dsnassu,. i,,l lhsy esH sSsi'oH .''l'
r,a,. rrIshllsans ani 'mses 'h''' M
The nssi iLlrg, ,Ls u.isaiIallr iirisk siil
DEP s,s,, ard 'hrn shs' Wiii hi' ai"''r'"F
inn /, ,e,s ia The soulL 3D. f,sP owes .lsa'
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

.rt;y~ The thanks of the Publisher is ten
d.r,sd TO tic Houston, and Texas Central
Rn;lsyay y Company for complimentary
licked FOR himself ard ladies' to the eSo"r'
sion ,gtr, from Houston to Austin and re-
,urn ou rhe 18th Of december, (lnst Th"rs
dav.) Itwoull have afforded him great
pie xpre 70 Aave been one of the parry o"'
Christmas week was too busy week nj
home lie will certainly avail himself oil
The first Excursion train from Ddttds to
Houston next spring.
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30
aIsr

iiftififii rsfiisttt Ns q ffsss
itiii issfaf n issl fsfltT 81 iasil 4
ieuuifs'estis n iaisf's fsaaiF e. Msi.
lee lftif n.any nsrnatka tsi. h..
sufi ~ laia q fins Asiaiaui Ofsfni.
a - H---af -lsis. fsr 80 HHfff.
q @a-ts 'si'afhst. suifss a Alan
hfTr N 90 irani Elkih 10 iirss ffs
sfTiifi ~ 'Hs arTiitsiisn Gill 10 lssff 10
ihr i'.Ifr ssihsuy g. iarl.rsifs
lnNN nENRI HEURN a NlN.
lNf- AgsHis
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30


Dr.. winkler, a very able Baptist divine
81 Charleston, $. C. has written power
ful letter, TO the Examiner and Chronicle
a leadibg PAPER OF that denomination, on
she Ka Klux question and the cnormities
now being praeticed in that unhappy State
under Federal authority. The Examiner,
Enough NGrihern Journal and with Re-
publican leanipes, indorses the character
and pieiy ofBr. winkler in full. But all
seems to do no good. Our Northern broth
ers viii take the statements of most
ignorant aud abandoned wretches Of all
oeIors as true aud can even be made TO
believe that the learned and piOus Dr.
winkleris'lying. Shamel Shame
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

pSyTLe Ns,lluF,"n correspondent OF
she Galveston Ness rrPoT,s G'v. Davis I"
,lai city. This eau harliy be sv---s h'''
no, heard Of biz running away ir"n Aa''
ria. We think grr R,6l"os s'ill r'''S' 4"
,L. State Treasury, whea lie i-es g. 10y
viii si.y bshinl hin,
Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1871-12-30

pA-Ths civil reform movement has
been siihed By references TO aP.eksd
COMMITTEES in Congress. IL rHl prove .
sort Of DeGress Investigation. A IN
believing eOumitisss mad. Up Of ibs
friends Of corruption, is worse fhan rOns.
Il !. = mere vbIs-Esshing Of ths 'siisB
ssFulebsr. SEQ