davidaulloa/AmericanStories huggingface dataset:
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

excessive, but this would afford no ex-
cuse for legislative usurpation. This
committee, not content with meddling
with matter beyond their control, and
endeavoring to six bail, " go further and
usurp the functions of the jury. The
trial was to take place at a future day,
certain publieations-which were ad-
mitted to have been made-were charg-
ed as libellous, and defense had been
interposed that the publication was not
libel because the several charges were
true. This committee, notwithstanding,
this condition of the case, proceed with a
pretended trial of the truth or falsity of
the charges contained in the alleged
libel. Courts had been established, by
the same power from which they de-
rived their legislative existence, to try
and determine these very questions, and
were soon to pass thereon. Regardless
of this, the committee take up each
charge separately and report upon their
truth or falsity. They declare one charge
to be true and another to be untrue, but
not to amount to much after all. If this
is not usurpation we know not where
to find instances thereof. 1t is not only
usurpation of the most dangerous kind,
but it is, also, tampering with justice.
The Legislature of New York, through a
majority of one of its committees, de-
clares to court and jury that certain
charges, which it is their sole province
to investigate, are true and others false.
What mattered it to the Legislature of
New York, in the question under consid-
alton, whether the charges were true OF
not? If they had the right and power
to examine this question of amount of
bail, to investigators, in other words,
try-the matters of fact and law involv-
ed in this particular case, they have the
same right and power in all cases. If
they have it, the Legislatures of all
States have it, and the independence of
courts are at an end.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03
RUTLAND, VT, THURSDAY MORNING, July 3, 1873.

| Under this authority the village en-
acted an ordinance or bylaw that the
| Trustees shall attend to the cleaning,
building, constructing, maintaining,
grading and repairing of the streets,
highways, walks, alleys and lanes of the
village, thus making imperative what
| the statute says they may do. Also that
| the trustees, at their first meeting sue
ceeding their annual election, shall ap-
| point a superintendent of streets and
| sidewalks, who shall have charge of the
building and repairing of all ssreets and
| sidewalks in the village, the purchase of
| materials and procuring labor, under the
| direction of the trustees, and giving
| the trustees full power over the acts of
| 4he superintendent and his accounts,
and providing that they shall allow and
pay his bills.
1t will be observed that the act of in
| corporation and the ordinances make
| this Llty and power over streets, roads,
| highways and sidewalks a very impor-
| tant, if not the most important part of
| the current duties of the trustees, and,
as necessary result, the expense of the
| performance of that duty is very i'm
| portant, if not the most important part
| of the current expenses arising from the
| performance of their official duties. To
meet this expense they are given a tax
| of 25 per cent, which cannot be legally
| diverted from that purpose, and for any
| deficiency there can be no doubt but
| what it must be met the same as other
current expenses of the trustees in the
exercise of their legitimate official func-
| tions.
But we are met by some quibbles that
| it may be well to refer to, as they come
indorsed by the legal member of an in
vestigating committee. First we are told
this statute don't mean anything, because
it leaves the town liable to Indictment
| for the insufficiencies of the high ways in
| the village, and for special damage for
injuries received. Then, as it is the duty
of the trustees to keep the highways in
repair, and they have full authority to
do so, they would be clearly culpable if
they should neglect that duty so that the
| town, which can exercise no control over
them, would be lurChed in a fine or
damages for their neglect and it might
be serious question whether the vii
| lage would not be bound to indemnify
the town for this neglect of duty of
their general agents..
Again it is said that this power Of
MAINTAINING highways was INTENDED 10
be restricted to such as the trustees
should lay out and build, but this entire
ly destroys the whole effect of the
statute, for It's language is "any street,
road, lane, alley or walk in said village, 4"
and if it means anything it means just
what it says, and is unrestricted.
1t is no occasion for surprise that the
Globe should get in a middle over this
| question, but it does lead to some aston
ishment that lawyer, who has a good
library and fair common English edu-
cation, should find everything in a
muddle." Yours truly,
! A LAWYER.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03
PRICE $3.50 PER ANNUM

Distinguished generals to be invited
and speakers obtained.
Organizations as above to be formed
for sake of convenience, economy and
system, not to abridge the freedom while
in camp.
That the expense of providing a camp.
fuel, straw, and other incidental matters
connected Herewith, be provided for by
an assessment of not exceeding one dol
lar per man if found necessary.
Fmther details of arrangements to he
made at a council of such brigade and
battalion commanders as may be present
at Burlington July 4th.
Every effort will be made to render
the occasion one of great interest and
pleasure, affoTding the best possible
time at very small cost.
The success and magnitude of this re-
union of old soldiers viii depend mainly
on the efforts and energy of TIE brigade
and battalion commanders and recruit
ing officers. They are therefore urged
to take hold of the matter in earnest,
and make this the grandest and most en-
joyable meeting ever held in Vermont.
Additional circulars yyin be ISSUED
as arrangements in detail are perfected.
BY order Of w. q. VEAZY,
J. II. GOULDNG, Dept Commander.
Asst. Adjutant General.
The enlistment contract referred to is
as follows:
"UNITED STATES VOLUNTEERS. RE-
UNION FoRCEs-ENLIsTMENT RoLI--We
the undersigned late United States
Volunteers, do hereby enlist in the above
force for the term Of three days, Aug.
9Th, 7th, Sth, 1873, unless sooner dis
charged, and do hereby agree to form a
company Of battalion brigade, and
to obey orders of such officers as shall be
elected to command said company and
their superior officers during said term,
and in every way in our power facilitate
and encourage the intended reunion to
be held at Rutland as above"
From the above it will be seen that the
plan is complete, and will secure the or
ganization and system so essential to
success.
We are informed that battalion COM
manders have been appointed in every
county and that they are appointing
their recruiting officers in every town,
and that the State has been divided into
four brigades, and brigade commanders
have been appointed to aid the battalion
commanders and recruiting officers in
the organization of companies and bat
talions.
There being a general desire for such
a reunion, and the system being so COM
plete and the force at work so large, we
have no doubt but it will result IN a
gathering of many thousand of the men
we hold in the highest honor; that it viii
be in fact ''the grandest and most enjoy
able meeting ever held in Vermont, and
one that no soldier can afford not TO en-
joy.
We trust that as Rutland is not TO
celebrate the Fourth this year, it will
heartily second all efforts to secure this
assemblage of old soldiers at this place.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

VERMONT MEDICAL SOCIETY The
semi-annual meeting of this Society be-
gan at the Welden House, st. Albans,
Wednesday afternoon, and continued
till-the next evening. Upwards of forty
Vermont physicians were present, and
DR.. Lyon, of Plattsburgh, was cele-
gate from the Medical Society of North
ern New York.
DR.. Holton, of Brattleboro, was Presi-
dent, and DR.. L. c. Butler, of Essex,
Secretary.
Papers were read by DR.. A. F. Wood
ward, of Brandon, on urinary fistul9,
and by DR.. Harvey Knight, of Georgia,
on typhoid fever. A discussion ensued
on the latter, in which Drs. Fassett and
Branch, of ST. Albans; DR.. Welch, of
Williston DIR. Bartlett, of Milton; DR..
Woodward, of Brandon; DR.. Putnam,
of Montpelier; DR.. Wilder, of Swan
ton, and others took part. The prevail
ing opinion was that defective drainage,
want of cleanliness, the nauseating
odors from exposed focal matter, and
| other like things, easily remedied, are
| the most fruitful sources of this pre-emi-
| nently Vermont disease.
The members were entertained, social
ly, by the ST. Albans Village Medical
Association, at the Welden House, Wed
nesday evening.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

A LUCKY EscAPE.-Some of the work
men engaged on the new Baptist church,
now nearly completed, met with a mar
row escape from a serious accident, yes
terday. A staging in the audience room,
running all round it, having been weak
ened by the removal of some of the sup
ports, fell about four o'clock in the af-
ternoon, while two men were engaged
upon it, precipitating both to the floor
among miscellaneous assortment OF
timbers, their descent being between ten
ten and fifteen feet. Two boys, son
of Rev. Mr.. Cyr and son of Mr.. Ma
than Pierce were below, and falling
plank struck the fsrmer as he was spirit
edly dashing for the door, hurting nm
but little, however. The men who were
on the scaffold, Messrs. SouthWlck ana
Mason, may well consider their escape
uninjured providential.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

THE WRESTLING MATCH FOR THE
CHAMPIONSHIP AND 2,000-MCMAHoN
WINs.-The wrestling match between
John McMahon, of Rutland, and Perry
Higley, of Bridgeport, Conn, for 50, 900
and the chamionship of America, took
place at New Haven Wednesday night.
McMahon won. After John McAIahon
defeated Homer Lane, of New York, at
Troy, on the Both ult., for $50 and
the championship of America, Perry
HiglGy, of Bridgeport, challenged Nc
Mahon to wrestle for 81, 900 a side and
the championship. Mcmahon accepted
the challenge, and the men and their
hackers met in New York on the 7th
inst, to arrange the match. They could
not then come to terms, and they again
met on the 9th inst, when the match
was arranged, articles signed, and the
first deposit made, the remainder being
posted on the nth and 10th insts. S. II.
Beresford, of New York, was chosen
final stakeholder. 1t was then learned
that the authorities of Worcester had re-
Tuscu To let the -vvIrtust DO dooidod at
that place, and the men mutually agreed
to wrestle at New Haven. The $4,000
were then transferred to the final stake
holder, and all the preliminaries for the
match arranged.
McMahon's record has recently been
published in THE Herald. Higley
stands 5 feet II inches in his boots and
weighs ia pounds. He measures %
inches around the thighs, III inches
round the calf, and Al inches round the
chest, the muscles of his arms measuring
16t inches. Altogether he is fine ath-
letic built man, moves easily and is well
made in every particular. In August,
1872, he was matched to wrestle Homer
Lane, of New York, for $4,000 and the
championship of America. The contest
was decided at New Haven, Conn.,, and
Higley won in one hour and forty min
utes. He was then matched against
Ainsworth for a purse and won. On
October %, 1872. he again met Homer
Lane, at New Haven, in a match for
$4,000 and the championship, in which
he was defeated. Since then he has not
wrestled any matches, but constantly
practiced in order to be ready to wrestle
either Mcmahon or Lane.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

by persons who had failed of success
from lack of work and proper develop
ment of their faculties.
In the natural world we recognize the
truth that there is no event without an
adequate pre-existing cause, and what
is true in this field is true in other fields.
In all animate creation there is a certain
law of growth, and which stops at fixed
limits, as it has not the base on which
the grander structure can be built But
in man the scope is almost boundless.
The employment of our organs and
faculties in obedience to the law is an in
dispensable condition of growth and de-
velopment."
Mr. Willard then proceeded to show,
by numerous illustrations, what success
can be obtained by ordinary persons in
most any pursuit, by sufficient prepara-
ton and training of their faculties, both
physical and mental. He showed that
no one had ever yet reached the limit of
his powers. lie showed how that there
was lying dormant in every one re-
sources which, upon being brought in
play by unexpected emergencies, would
produce grand results. He claimed that
there was in reality no such thing as
genius May be a Napoleon might
arise once in a century. We most of
US build magnificent plans, but too many
sink down into an indolent indifference
afterward, and the cause of our failure is
in ourselves, owing to a lack of prepara-
ton.
The lateness of the hour prevents
more lenghthy extract from the honora-
BILE gentlemans instructive, elegant ad-
dress.
The concert in the evening was, of
course, quite fine and well attended.
Castleton has reason to be proud of
the right royal manner in which she has
provided for and sustained everything
necessary to render this anniversary a
most entertaining and successful one.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

ly indispensable to warrant the securing
of the successful operation of the schools
and the full and efficient discharge of
their functions in educating the children
by compulsory enactments intended and
tending to secure their attendance"
@. p. +.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

A PLEASANT SURPRIsE.-Our schools
are now closing the teachers are fin
ishing their labors, the scholars are
packing their books, and both realize the
hour of parting but we doubt whether
the heartfelt regrets, between teacher
and scholars, will be more keenly felt
than those which now exists between
Mr. Samuel H. Kelley and his 'boys and
girls" Mr.. X. invited his scholars to
his home for a pleasant parting, Wednes-
day, and they surely had it. Recitations
and singing were commenced, and con-
tinued, until two young ladies stepped
forward and surprised Mr.. Kelley and
his wife by addressing to them a few
well-chosen words, recounting past
pleasures, present regrets and bright
hopes of future happiness, at the same
time presenting them with dozen solid
silver spoons and pair elegant sill
yer napkin rings, assuring them of
their love and esteem with the gifts.
Mr.. Kelley responded with pleasant and
encouraging remarks, when Mrs. X.
stopped the proceedings by inviting
them to bounteous supply of ice
cream, cakes, etc, which all enjoyed
hugely. The mutual interest between
teacher and scholars, as such, we regret
to say, is permanently closed, but we
feel sure will continue through life in
dividually.
ANOTHER New LOCOMOTIVE. - I he
Harlem Extension Division of the New
York, Boston and Montreal Railway
have received another new Brooks loco
motive, a counterpart of the one de-
scribed in our columns a short time ago.
This one is marked mo g." 1t went
out on conductor Paris train yesterday
1t is to be on through freight and run
regularly after Saturday next. Charles
Tufts, engineer, is to take it in charge.
REAL ESTATE. - David Morse, of
Leicester, has recently sold his home
farm of ninety acres to Mr. Seymour,
recently from Whiting, for $500.
FIRE.-A dwelling house and barn,
situated on the road between Middlebury
and New Haven, occupied by a Mr. Day,
were entirely consumed by fire, Wednes-
day night Insured in the Home Of New
York.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

REAL ESTATE. - David Morse, of
Leicester, has recently sold his home
farm of ninety acres to AIr. Seymour,
recently from Whiting, for 50, 500.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03
from our Special Repolter.l
Common ncenent at Castlcton.

EXERCISES AT THE SEMINARY AND STATE
| NORMAL SCHOOL.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

FIRE.-A dwelling house and barn,
situated on the road between Middlebury
and New Haven, occupied bya Mr.. Day,
were entirely consumed by fire, Wednes-
day night. Insured in the Home Of New
York
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03

Latin Salutatory-C. Clarence Cook.
Castleton.
The Sources of a Nations Wealth
Charles T. Smith, Port Henry, n. \.
Compulsory Education = James H.
Smith, Port Henry, n. Y.
Music.
There was Light-Miss Eliza Brom-
ley, Castleton.
Vermont-C. Clarence Cook, Castle
ton.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-07-03
8ntImd Goteehlp Aera1d.

rspys $3.50 a year; Sl.25 for six months
invariably in advance.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20
REGIsTEK,S OFFICE.

NEW CASTLE COUNTY, March 1ith, 1873.
Upon the application OF Levi ii. Miller, Admin
" lstrator Z. L. A. OF JACOB ERB, late Of Will
mlngton Hd in said Coz. deceased it Is ordered and
directed by the Register that the Administrator eta
aforesaid give notice OF the granting ofeters Admin
traton upon the Estate Of deceased with the date
granting thereof by causing to be pos
ted within 40 days from the date OF such letters In Of
the most public places Of the County of New Castle,
requiring all persons having demands against the Es
tate, to present the same abide by Act OF As
sembly In such case nude and provided. And also
cnuse the same TO he inserted with the period
in the DELAW ARE REPUBLICAN, newspaper
published In Wilmington, and to be continued therein
two months.
(>--~) Given under the hand and Seal of Office OF
IT,. the Register aforesaid, at New CASTLE In New
~ Castle County aforesaid, the day and year
above written.- M GIBBS, Register.
y ANoTI0Es-An persons having claims against the
Estate of the must present the same duly at
tested to the Administrator, c. T. A. on or before
March 11th, 1874, or abide tho Act OF Assembly In
such case made aud provided.
All bills to be sent TO William S, McCaulley, At
tOrney at Law, Wilmington, Del.
LEVI II. MILLER, Administrator, c. T. A.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20
Axaorca1nance.

To authorize the Macadamizing and paving OF the
bed of Fourth Street, from Market street to the
Christiana river,
Be Il ordained by the CITY Couaeil Of Wilmington:
SECTION l. That the bed Of Fourth streek, be-
tween Market street and the Chrstiana river be and
the same u hereby authorized and directed to be
Maeadamizej and paved.
Passed at tho City Hall, March 7th. 1873.
JOSHUA MARIS,
President of City Council.
Attest: WIN. .. HAYES, Clerk. mar IA
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20

5000. 900 No. !, apple trees largely early kinds.
10000 No. 1, peach trees, extra large.
3u:on0 NO. l, sta and dwarf pears and cherries.
300O00 conovers collosal asparagus
100000 Brandywine and HerstIue Raspberry also
Strawberries In variety. Usage Orange. Large stock
house plants, &c.
Orders by mail will receive prompt attention Send
for catalogue; above stock wilt be closed out at great
ly reduced prices.
.. RANDOLPH PETERS.
feb6 Wilmington, Delaware.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20
To House Keepers.

The subscribers having leased the store lately oc-
cupied by Mr. John Finn, at the s. W. corner OF 4th
and Jefferson streets. take this method Of Informing
laid In large assortment Of fine fresh groceries and
provisions, such teas coees, spices, molas-
scs nour potatoes, apples, &c. All kinds of vegeta
bles, fresh and sut meats maekere herring and cod
hsh and all goos usually kept In first class grocery
and provision store, which will be sold Mt the lowest
market prices. All goods delivered free of charge
A call y respectfully Solicited.
mar lo-lm p. C. McCOLLEY q CO.
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20

r..,,. ,o.v,naw WILMINGTON ut 10.4o A. M, and $50
p NJ. sopne with trains leaving philadelphia at
$40 A. NJ, and4 P. M. ...,,.,,s With the Della
.a roG W., r. aud p ". q IS. r. r. trains arriving 'h
Wilmngton Win at lois and 1925 A. N; NJ and 400
ID onnsetls With trains for philadelphia leaving
Wilmington at sio A. NJ. and 90 Fl Mo- ana a w W
Delaware train South, leaving Wilmington ~ ''-'
Omnibus transfer betweenw. 4 WI ana r; !; EraSt ";
B. Depots aud carsof Say ns ~ at cents for
sS sach nassenaer and cents for each piece o
anrQ N
Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-03-20
Address. New Port, Delaware.

d EGISTERs ORDER.-RKeIsrER's oyFoE,
IN New Castle Co., Feb. 18th, 1873. Upon the ap-
pcation of John p Belville ,Administraor of Susan
@. SUTTON, late of Red Lion Hundred, In said
County, deceased 1t Is ordered and directed by the
Register that the ADMINISTRATORS aforesaid, give
notice OF the granting Of Letters OF Administration
upon the Estate of the deceased, with the date of
granting thereof, by causing advertisements 70 be
posted within forty days the date of such Letters
IN sx Of the most public places Of the County Of New
Castle requiring all persons having demands against
tho Estate TO present the same, abide by an act OF
Assembly in such case made and provided. And also
cause the same to be inserted within the same period
In tho DELAWARE REPUBLICAN, newspaper pub
lished In Wilmington and to be continued therein
two months.
(-~>) Given under the hand and Seal of ONCE Of
}LS. the Register aforesaid, at New Castle In New
(~o-~ Castle County aforesaid, the day and year
above written. d. GIBBS, Register.
NOTICE. All persons having clalIps against the
Estate of the deceased must present the same duly at
testcd to the Administrator on before Feb. 9TH,
1874, abide the Act of Assembly in such made
and provided. JOHN p. BELVILLE,
Address st, Georce's Del Administr utor.