davidaulloa/AmericanStories huggingface dataset:
The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-12-04
Life Insurance Decision,

The following important decision was recently
rendered by the Circuit Court Of the United
States for the Western District of Tennessee:
CIRCUIT COURT OF THE UNITED STATES FOR THH
wEsTERN DISTRICT OF TENNESSEE.
". +. Tat ct al. Heirs Of Doctor Samuel Bond,
Decd. %. N. Y. Life Insurance Co., Commons, j.
A policy Of insurance which indemnifes pub
lie enemy against loss in time Of war is unlaw-
full; and where entered into before hostilites, is
abrogated when they occur. The relations it
establishes are illegal between belligerents.
Where q life policy provides that it shall be
void upon the nen-payment Of premiums within
the time prescribed, such payment is q condition
precedent; time is of the essence of contract,
and there can be no recovery if punctual pay
ment is omitted. es}' ~.
Where the performance of condition preee-
dent becomes unlawful, or by the act Of God,
impossible, this will not authorize q recovery
upon the contract without performance. Such
case distinguished from those in which subse-
quent impossibility and illegality relied upon
- defence ....,. -. ,. n.lsr. szs
A contract Of insurance, the continuance Of
which depends upon the election and acts Of the
insured, is not like debt, the obligation Of
which is absolute, and which is suspended only
by war.
The relations betssen the members Of q cor
psratioa for mutual insurance present all the
evils and ere dissolved by war for the same res
sons as those between ordinary copartners. r..
The reasons for the dissolution of executory
contracts by war are not alone that such con-
tracts involve inter communion across the hos
tile lines, or that they relate to property liable
to capture; but more especially because their
execution increases the resources Of the enemy
court Of equity has no authority to decree
the specific performance of an agreement in ia
vor Of party who has failed to perform a CON
ditiOn which in of the essence of the contract
althengh prevented by its becoming subsequently
illegal or impossible by act of God.
court Of equity will not relieve party from
the ea;e. Of emitting to perform an st .liho
or impossibility arising from the act of God,
where such act was merely optional, and the
other party had no right to enforce its perform
ance. ssse as r
The agency of one representing an insurance
company, authorized to receive premiums and re-
new policies, becomes unlawful when insured and
ipl rer become public enemies
Humes + Posten, for plaintiff; Randolph,
Hammond Jordan, for defendants.
The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-12-04

WILLIAM Gray'ops Of the oldeat and vsels
thiest tobacconists Of Richmond, died on the
28th inst, aged sevcnty-6vs years.
The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-12-04


life as compared with the currency Every
one holding it has been anxious to dispose Of
it on any terms. Now we witness the re-
verse. Holders Of currency hoard it as
they did gold in former experiences of like
nature.
1t is patent to the most casual observer
that much more currency, or money, is re-
quired to transact the legitimate trade of the
country during the fall and winter months,
when the vass crops are being removed, than
during the balance Of the year. With our
present SYSTEM the amount in the country
remains the same throughout the entire year,
resulting in an accumulation Of all the sur
plus capita! Of the country in few centress,
when not employed in the moving of crops,
tempted there by the offer of interest on call
loans. Interest being paid, this surplus cap
ital must earn this interest paid with profit.
Being subject to scall,' it cam OF be loaned
only in part. at best, to the merchant or man
ufacturer for a fixed term. Hence, no mat
ter how much currency there might be in
the country. it would be absorbed-prices
keeping pace with the volume, and panics
stringency and disaster would ever be recur-
ring with the autumn. Elasticity in our
monetary system, therefore, is the object to
be obtained first, and next to that, as far as
possible, prevention of the use of other
peupe's money IN stock and other species of
speculation. To. prevent the latter, it seems
to me that one great.step would be taken by
prohibiting the National banks flom payings
interest on deposits, by requiring them 70
The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-12-04

THE MIXED COMMISSION.
The mixed commission organized under
the provision of the treaty of Washington
for settleing and determining the claims of
citizens of either power against the other, a.
rising out of acts committed against their
person or property during the period be-.
tween April 10, 1861, and April 8, 1855,
made it's final award on the 25th day of Sep
TENDER last. 1t was awarded that the gov
ernment Of the United States should pay to
the government Of her Britannia Majesty
within twelve months from the date of the
award, the sum of $780, 79 in gold
The commission disallowed or dismissed all
other claims Of British subjects against the
United States. The amount of the claims
presented by the British government, but
disalowed or dismissed, is understood to BE-
about ninety three million Of dollars. It
also disalowed all the claims of citizens of
the United States against Great Britain
which wer e referred to it. I recommend the
early passage of an act appropriating the a.
mount necessary to pay this award against
the United States have caused to be COM
municated to the government of the King Of
Italy the thanks Of this government for the
eminent services rendered by Count Corti as
the third commissioner on this commission.
With dignity, learning and impartiality he
discharged duties requiring great labor and
constant patience to the satisfaction, I be
lieye, of both governments.
I recommend legislation to create a
special court, to consist of three judges,
who shall be empowered to hear and de-
termine all claims of aliens upon the Uni
ted States arising out Of scts committed
against their persons or property during
the Instruction The recent reference
uuder.the treaty Of Washington, was CON-
fined to claims of British subjects arising
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11
ALEX ANDRIA, VA.
WEDN ESDAI, JUNE II, 1878,

A correspondent Of the New York Tribune
who accompanied an excursion party from New
England to the Schuylkill region of Pennsylva-
MIA lately, gives an interesting account OF his
visit lie states that the Iron industry is
prosperous, aud that six or seven iron masters
have awaited themselves of the offer OF the
Reading Railroad Company to advance half the
cost of building furnaces, while others arc
building on their own account, 50 profitable Is
the business. The advantages possessed by
Alexandria, and the inexhaustible supplies OF
iron ore, of the finest quality, 90 the lines OF
railroad leading here, make this one OF the most
desirable localities for the successful prosecu-
tion of the iron Industry in the country. The
mspag,ments of the w. c., '. NJ. Il e. 5.
and w. Il. .. railrods arc willing and apxl-
Gus to foster the establishment ofiuruaccs here,
by donations of valuable sites ortheir erection,
cheap transportation of ore, &C., &c, and we
learn that in few days Messrs. Barbour and
Mckenzie will bring the subject before our
citizens in such way as to secure the erection
of at least one extensive Blast Furnace. We
trust they may be successful, and that all OF
our people, who can, will give an earnest sup
mort
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

Treasurer all monies collected by him, takiny
the Treasurer's receipt therefor. A failure f.
comply with this section shall BIO deemed sutS.
cient ground for removal from office
Section 4. BE it further enacted That the bond
required of the Superintcdent of Gas shall be- ,nn
thousand dollars, and that no may employ tenn.
porary clerical assistance. His salary shall 10
eleven hundred dollars per year but the Sur.-.
intendent and his sureties snail be Liable for in.
ties performed by his clerk.
Section S. All acts now in force on this sinh.
ject not in conflict with this act are hereby r,,,.
tinucd, and all acts and parts of acts condclirg
Herewith arc hereby repealed.
Section 6. This act shall DO in force from il
passage.
Mr. Hopkins called up resolution introduced
by him April 2, 1873, relating to the use of tbo
old Court House for school purposes. which w,s
adopted.
Mir. Beach called up tho bill ,ntroduceJ ~.
him May II, 1873, entitled an act for the graj,
ual Improvement of the streets of AlcysnIr;.,
which, on his motion, referred To the snr.i.i
committee to whom bills relating 70 the ss,,.
subject had been referred. ''''
Mr. Evans introduced the following b;l
which, on his motion, WAS ordered to lie OVER
till the next meeting:
Section l. Be it enacted by the City Council.
That all supplies required for the support of the
poor and for use at the Poors House shall be
bought from tho parties or party who shall agree
to furnish them ut the lowest figure after tn,
Committee on Poor shall have advertised for
bids for such supplies rs may be needed.
2. The Committee on the Poor shall furnish
samples of all such supplies ~ may be needed.
3. All acts and parts of acts in conflict with
this act are hereby repealed.
4. This act shall be in force from and its pas
sage.
The Board then adjourned.
Tcstc. HAROLD SNOWDEN. Crk
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11
OFFICIAL.

AN A CT TO amend and re-enact section of tn
act passed May IS 1872, entitled IAN act gran,
ing the right Of way to the Alexandria Pas
scnger Railway through tho city," and fV
other purposes.
Be it enacted by the City Council Of Alexa.-
dria that section LIST of the act Of May Is, 1877
entitled IAN act granting the right of way to til,
Alexandria Passenger Railway through tile
city, be amended and re-enacted SO rs when
amended to read AS follows:
l. That the consent of the corporate nuthori-
ties of the city Of Alexandria is hereby granted
to the Alexandria Passenger Railway Company,
corporation chartered under All act OF the Leg
islaturc of Nirginia, approved February Il, Isl.
to construct II double railroad track and turnouS
and equip and operate tho same for its use from
tho foot of King street, in the said city, to surn
point or points Oh said street not east Of Henry
street, It's they may hereafter determine; AMI
from thence, by such route rs their Board Of Di-
rcctors may elect, To the Corporation line, vt the
head Of Duke street; provided, that the said
track and turnOuts shall not obstruct the nri
nary use of the streets upon which it shall h.,
laiu, nor effect injuriously the drainag" thereof
that the company hall pave and keep in repair
the space between the rails, and that the grad
of said streets shall not be altered without tn"
permission of the City Council.
2. This act shall be in force from and after IL
passage.
Passed Common Council June 10TH 1872
GEORGE K. SHINN, President.
Passed Board Of Aldermen June l0th 1873.
HENRY l.. SIMPSON, PresIdcm.
Approved June II, 1873.
VIM. N. BERKELEY, Mnyor.
Teste: HAROLD SNoWDEN, Clerk Com. C"n4
AN A ct in relation to the City Surveyor.
Section l. Be it enacted by the City Council
That the second section Of IAN act concerning
the duties and compensation of the City Survey
or" passed December 10th, 1872, be and the
same is hereby repealed.
Passed Common Council May q, 1873.
GEORGE K. SHINN, President.
Passed Board of Aldermen June ~, 1878.
HENRY l. SIMPSON, President.
Approved Juno II, 1873.
VIM N. BERKLEY, Mayor.
Teste HAROLD SNowDEN, Clerk Conn. Conn.,
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11
VIRGINIA NEWS.
Yesterday the seconds in the late Mordc

Yesterday the seconds in the late Mordecai
Mccarthy duel we're again brought before
Justice White, of Richmond, for examination,
but owing to tho condition of the surviving
principal, the Commonwealth Attorney sug-
ecsted further postponcmcnt of the case I'M
til the fifteenth of July, which being agreed to,
the case was continued and the accused were
again remanded to Jail, but an attempt will be
made to-day by their counsel to procure their
release from prison by writ of habeas corpus.
A colored man employed to clean out the
cellar under the Anderson photograph gallery,
in Richmond, the other day came across car
boys containing liquid which he supposed to
be whiskey, and helped himself, but instead OF
whiskey, swallowed some considerable quantity
of vitriol He was seized with violent illness,
when doctor was summoned and all the an
tidotes known to the profession Administered.
The poor creature suffers the fortunes OF the
damned, but may get well.
The editor of the Lexington Gazette has
been down the Page Valley. He visited the
Shenandoah Iron Works, owned by the Hon.
VIM Mines, and says--"lt would take a
couplc of columns to tell about this metal ulan-
uiactory The flood of 10 in q few hours
swept away seventy thousand dollars worths OF
work Steam now, runs all ms machinery.
He cleared eighty thousand dollars last year.
In the Circuit Court in Richmond last week
the case of Pace VS.. the Corporation Of Dan
Vile, il relation to the act Of the Lrgis Stature,
prohibiting corporations from intcrposing the
defence Of usury, was argued by Francis L..
Smith, Judge Marshall and Francis j. Smith,
r., for plaintiff, and Mrssrs. Guild and Caring
Ton tor the defendant
Quite sensation was created at Portsmouth
on Monday by the arrival at the navy yard there
of the u. S. steamer Tallapoosa from Wash
ington, having on board the party of Esqui-
maux OF the Polaris expedition, who are being
taken to Portland, Me-, this climate being en-
tirely too warm for the natives of the Arctic
| zone.
The real estate taxed in Richmond amounts
to $26, $50 ,33-an increase of $753,Gl9 Owe r
last year The total value Of personal property
| is So, 9G3, 1135.
A fire in Petersburg, early yesterday morning,
destroyed property to the value OF $4,000 or
| $40 900.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11
CITY COUNCIL.
OFFICIAL PROCEEDINGS
Board OfAlIerIncn.

Al regular meeting of the Boarl of Alder
men, hold June 10, 1873, there were present t.:
Henry l.. Simpson, esq, President and Messrs.
Loving, French, Johnson and Underwood.
to make an addition to his frame building cor
ner st. Asaph and Wolfe streets, referred to
the Committee on Streets with power to act
Bills of Jacob Foltz. So; +. q. Pierce, 81 and
John Cloves, So, as cler ks of election LIST ward
George L. Simpson, registrar and clerk Of cleo
ward polls, s. and bill of Janncy s. Co. against
the Aims House, S7,-were received from the
Committee on Claims.
a petition of D. A. Field to have the curb re-
set and gutter paved in front Of his house, corner
Union and Prince streets, was referred TO the
Committee on Streets
The petition of Nj rs M II. Forrest asking for the
reflndng of taxes paid by her on her property,
corner Duke and Payne streets, for the years
1866, G7, 'GS, go, 10 and II. referred to the
Finance Committee with power to act.
Bills of T. }. Mchatiey, $44 IS; also petition
OF &. r. Hill s. Co. for permission to erect Il
frame buildings bill Of +. a. Reed, 81, rs Judge
and commissioner of election 9TH ward bill OF
}. r. Nicklin, 81, rs clerk of election; bill OF
w. Il. Howard 81, us commissioner in lst ward;
also bill o. A. j. Fleming, $50 SO, against the
Aims House; also bill of Suite t. Stuart,
SIS 33. against the Aims House; also y bill of j.
4. Nickln Sl3 US registrar of the 4th ward I;
also II bill of Mrs. Jennings, $40, for rent of room
for registration and election purposes; also an
act in relation to the City Survcyor-wcrc re-
| ccived from the Common Council and their nc
ton concurred In.
The report of the committee to whom WAS re-
fcrrcd the accounts of the Fire Wardens WAS
received and adopted.
An act in relation to tho City Passenger Rail
Way WAS received from the Common Council
and their action concurrcd in by the following
vote Ayes, Mcssrs. simpson, Loving, French,
Johnson, Corsc and Underwood. Noes, none
Reports of the Committee on Claims the
bills If +. Fl. Deahsy, $28 25 and Jameson s.
Collins, Sol 0G,-were received from the Com
mon Council and their action concurred in.
An act for raising the Revenue for the next
fiscal year commencing June lst, 1873, and end
ing May 81, 1874, was introduced, read the first
time, and pending further action the Board nd
journed.
Tcstc: JNO. J. JAMESON. Clerk.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

10 relation to the recent judicial election in
Illinois, where candidate for the judgship was
nominated because he was ip favor Of deciding
law to be unconstitutional, contemporary
says that the precedent thus set is undoubt-
edy bad one 1t has always been doubtful
if the election Of judges by the people was
good public policy. 1t will no longer be so
for moment if the course pursued in Illinois
were, to any great extent, followed.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

The cholera excitement at Nashville is said
to be abating. The weather has been unusu-
ally cool, and contrary to the expectations OF
physicians fewer and lighter cases have been
reported At Memphis the cholera is increasing.
There were eighteen interments yesterday
against eleven on the preceding day. Jacob
Thompson, Secretary of the Interior under
President Buchanan, is lying in that city dan
perously i'll with the cholera.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

In the expedition which will be sent out to
search for the lost Polaris, the Navy Depart
ments does not intend to allow any arrange
mcuts to be made for geological researches,
and nothing beyond the search for the Polaris
and the return of Joe and Hans to their homes
i'll Greenland will prompt the expedition.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

Iii the opinion of the Commissioner of In
dian Affairs that Congress will be called upon
TO define the exact status of the Indians, SO
that where cases arise in the future as to their
disposition for criminal or other offences, there
may be no question as to the proper jurisdic-
ton In the premises.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

A great sensation in modern science is caused
by the discovery of the Fossil Man in the Cav
ern of Mcntone, in France He belongs to the
earlier stone age; to the age when they Clipped
their flint weapons, but did not polish them.
He was found underneath strata of debris
which contained the bones of animals that
have been extinct in Europe for many thous-
and wears.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

Some days ago it was announced on the au-
thority of the quasi State government Of houlsl-
ana, that the money for the payment of the In
terest on the State debt had been deposited
with the State agent. Kellogg also made sever
al announcements that the interest would be
paid on the I'd of June, but it seems that the
bissful certainty Of the State creditors was
rudcly disappointed when they presented their
coupons for settlement, and they were con-
fronted with the statement that the State
Court, from some unexplained cause, had en-
Joined the payment
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

A writer in the Philadelphia Press protests
against the tendency of the colored population,
even at the North, to organization in politics,
on the basis of race and color, as is now done
at the South, as really inimical to the best In
interest of the colored people, however much
they may, at present, be persuaded by those
who are making capital, to the contrary.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

Tie Washington Board of Health are de-
tcrmincd to obtain, if possible, the removal OF
all causes which may tend to disease during
the cheated term.' Several hundreds of no
tees have been served upon the owners and oc-
cupcrs of lots, warning them to abate uulsan-
ces upon their PROMISES
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

Says a Washington special of the 25th
Several weeks since General Butler bought a
large tract of land just outside the northern
limits of this city. The tract consisted of three
hundred acres, the price paid being about $1,000
per acre. The land in that vicinity being in no
great demand, it was generally considered that
Butler had made bad investment. It now
transpires that the commission appointed By
Congress to select site for the new president
ial mansion may determine to recommend the
purchase Of this identical tract"
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

The Democratic-C Conservative Convention, in
Baltimore, yesterday, held for nominating
clerks of the different city. Courts, register Of
wills, Sc, nominated for reelection all tho
present incumbents There was an exciting
contest, and one Of the Ward delegations with.
drew from the meeting.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

At meeting of the New York Bar AsSocia,
ton yesterday, VIM. NJ. Evarts presiding a
resolution was unanimously adopted providing
for the appointment of committee Of five to
consider the expedeucy Of pctitioning Congress
for repeal of the Bankrupt act, or for such
amendments Of the same us shall render its
operation less oncrous 10 the commercial and
other Interests of the community.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

pliny Fisk, of New York, and several Ger
mans, large stockholders in the Chesapeake
and Ohio railroad, own large coal and iron tracts
on the kauawha, and will erect furnaces aud
other works this summer and fall.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

On Monday, the 10th inst. the June term OF
the Washington Criminal Court will be con-
vened. and it promises to be no less prolific OF
murder trials than the three preceding terms.
The grand jury will have before them the cases
of Williams for the murder of the drover,
Hahn; Rainey, for the murder of Tucker and
Michael Kane, for the murder of his brother
John
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

The Lynchburg News says that in the APP
preaching State election III Virginia, under the
circumstances of the case, for a Firginlan to
be neutral is to practically side with Radicals"
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

The Richmond Wing thinks the worm-eaten
and decayed condition Of the capitol building
in Richmond offers glorious opportunity tor
wealthy Virginian to do what no man has ever
yet done-make his State present of CAPT.
to worthy of her fame
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-06-11

The Paris correspondent of the New York
Herald says that France is dancing on vol
cano and that prudent Parisians are placing
their treasures beyond the reach Of another
revolution, "