davidaulloa/AmericanStories huggingface dataset:
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05


the expense Of making and maintain
ing them, !. g., to levy tolls; it follows
that the right 70 make roads and levy
tolls is prerogative Of sovereignty and
in the hand Of = subject is ! franchise,
: privilege or immunity Of : public ma
ture which cannot be legally exercised
without legislative authority. (Vattel
book /, chap. 8, SEQ. 100, l02; 2 Kent,
pages: 1850. ia. $50 is@s. - :
Nor is there now any question, at
least, in this coart, that the right to
make and maintain = railway and take
tolls or fares is such q privilege or i'm
munity, for the same reason that the
right to build an ordinary road,
and levy taxes thereon, is Wig: that .
railroad is but Al improved modern
Highways; one which it is the duty and
interest Of the government r. construct
where the public interest and convent
ence demand it. Davidson vs.. Ramsey
Co., 10 MIMI, 10 Wind page Al.
Sharpley 70. Mayor, &c.21. Penn. 81,
147, 25 Vt. 433, page AL. In also
Olcott ". Supervisors Fon du Lac Co.,
Wisconsin State Supreme Court, Dec.
Term 1872. =.
/ This franchise Of tho defendant is q
privilege Of tho sovereign in the hands
Of tho subject. The subject is indeed
in the present case an artificial being.
But the sovereign might have placed
this privilege in the hands Of ! natural
person, and it might have been lis prop
erty, a. it Is the defendants property.
In the use the defendant shall make
Of Its property, this defendant is as en-
tirely subject to Legislative control as
such supposed natural person would
have been. II MINI. SIS.
The franchise in question being =
privilege Of the sovereign, and which
the sovereign could alone impart, was
originally 10 tho sovereign's control in
every respect. - =. ssE>::: ':st T. - =:
It WAS thesefore entirely competent
for the Legislature in comforting such .
franchise to retain authority to control
the defendant in its exercise. Possess
ing such right originally it must con.
tinue to possess it, that is to say, it must
return it in any given case in so for as
it does not part with it by comforting
exemption therefrom upon tho recipi-
emit Of the franchise.
1t follows as respects this franchise
that the sovereign which conferred it
retains it's original right to control the
defendant in its exercise Of the same in
- far US it has not surrendered its .au-
thority. The contract here we assume
is that the defendant may take some
tolls. That is what the sovereign gran.
ted it. To the extent to which such a
grant necessarily involves exemption
from legislative control as aforesaid, the
sovereign has surrendered such original
right of control no further.
"The legislature, may also. from time
to time regulate the use Of the franchise
and limit the amount of the toll
which it shall be lawful to take, in the
same manner as they may regulate the
amount Of toll to be taken at a ferry or
for grinding at b mill, ,ni>S&ss they Iavc
i@enr;rad <'>sa:sczy:s Of t@nl 9osee1. ~ q
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05
OSAKA WHEAT.

have few bushels Of Choice Osaka Wheat
which will sell 1t prices that farmers can At.
ford to pay: Enquire q ny residence, II Red
Rock, or Of J. N. Flowers, It Austin, Minn..
*4et6 Mp. TUTTLE.
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05

;s~ CAPT. JACK, two Modocs, a So uew
and q pappo,ese, have surrendered.
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05

miles thereof, and under its charter that
right could not be affected by failure to
complete the rest Of the road contempla-
ted. It's franchise as to such un6nish-
ed part could only be touched. A sui
sequent general plank road law pre-
scribing total forfeiture for failure to
complete roads, was held void by said
Justices, %. far % is applied 70 this
plank road, as impairing the obligation
Of 8 contract which is all PLAIN enough
if the original cha, tor Of the company
was ~ above stated, and shows Why the
case is cited by Cooley.
Therefore the subsequent act under.
took to make that an offense involving
forfeiture Of the whole,by the failure to
complete which was not such an offence
at the time such failure occurred. Nor
was it previously case Of forfeiture,
but to make the dictum aforesaid ap.
plicable to the case at bar one Of two
things must be assumed; either that the
Legislature having the power to con.
troll defendant, in it's charge had nc
right to afix a penalty to violation Of
any regulation it may at any time estab.
lish subsequent to the charter which il
plainly absurd, or that it has no powe,
to af6x forfeiture of the franchise a.
: penalty for such violation, az to which
it is necessary to express an opinion.
So far as the money penalty is con.
cerned, the act is unquestionably valid
and the demurrer should not have been
sustained. Order appealed from re-
varsed. .m. .-...
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05

t.eo 90 ""l17Hi'H ana TaV8Z7t q tEG hEAlIs-
tsi55s, ;or 'ne sovy42es by 1t performed in
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05


the other no compensation being speoi.
fically fixed, tho law in that case y in
this, would FIX the, compensation at i
reasonable one, q be determined IN care
Of controversy, 81 Judicial examina,
ton, and determination from oil the
facts Of the case" The district court
here, rs It seems to US, confirms two on.
tirely different things
The other like cases" by which
the court WAS guided in arriving At it,
said conclusion, are the contracts be-
tween private individuals above men
toned. " r<;s>, n. ts.i 49,. go
As If one agrees to perform work
and labor for me, and I agree that !
will pay him for it, without more; be
can recover upon quaatun, ,''erai'
because the law implies q promise on
my part to pay him What the service
was we'll and reasonably worth.
But that, is not a g" like case" to thu
contract before US, between the State
and this defendant, with respect t.
which our inquiry il 'ohat did tho STATE
grant! :,
The cont ract before US is not a con
tract by the defendant on the one HAND
to perform labor or other service fo1
the State; on the other hand to pay
the defendant for the same. It is
contract by which the State granted t.
tho defendant the exclusive right t
make, maintain and operate this high
way with its cars and engines and K
levy toll upon that portion Of thu
public using tho same. The State ma,
be supposed to have been moved Il
make the grant, by considerations o
the benefit expected to accrue to tn
public by the making and maintenance
Of this highway by tho defendant. Thu
service for which the District Cour
finds that the defendant is entitled t
receive what is reasonably worth, is per
formed for thpso who. travel aud sen,
goods over the road, chose as to whom
liz tho defendant were, Az or45laar,
'carrier ont'ae highway, the law, ia til,
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05
Donsgogues.

There i class Of men who maxi
politics bu@iness. They do nothing
else. They have no principles which
NAV not be accommodated to times and
circumstances. They are like the Post
Master who was told that upon the in
coming Of. = new administration be
would bs obliged to 20 out OF Office
because he differed in politics from the
new order OF things. He replied
should ike to geo the administration
that can change its politics quicker
than Loan NINE" That 10 precisely
tho positions Of these demagogues.
q They Sand With finger upon the
public pslss, and u soon n there j. the
lsast indication Of = change in the cir
eulaeion, thsy prepare Tor The crisis.
II high tariff i popular, they are it
losdsst savosatss;if protsctloa u oil
shst = rsqai.sd, home Industries oecu.
Pr IN theft attention. Il i $ the en-
eroasAnsat of Monopol,ss, Wholesale Do.
suneiasion nreeortsd 20 . naturally .
quaeks take 70 blistsrisg IT, i !, the
sssfist bslv.sa capital and labor,
tlsy taks he sids which rsprssssts the
nose votes, q The most noney-whioh-
ever ny sesm for The tins beisg % 70
salt most favotably: 70 themselves.
Just now tie farmers Ar moving
tAey kavs bsss9 goadsd % the point Of
desperation, aud they are turning upon
thoss Who have been applying the brad,
and 10! forth from the number Of those
Who have been tho most vigorous tor
mentors Of the laboring GLASS, como q
fsv in . new livery with = new song,
but cot with . new purpose. Try ,oast
c1Ges. "ThAt's what's the matter"
They have always wanted o&es. They
have asvsr done anything but figure
for position. They always proclaim in
advance that " thsy. ars not candidates" "
.bst when The time comes around, their
Names No f6snd apon The tickets.
Working nsn, there ars some talking
10 700, interest, today, vhonever did an
q 4 4
Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-06-05

amoNnt Nl t0ll 70 Do taken &C 7orry or
for grindint: at a mill, 'tnisss. they hovc
o%eo'sroa fdss":sczy:s Of hsnl poa'e1' '5y q
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-10-22
GREAT REMEpYl
Such's California Asthma Cure |!

UNO THE PCBLIC--For the Pass two years
n rcave Been s1eecr severe ecrghfng Srefs. -
r-.-y b re meruirg. IS sool As vo1ld avaSe 1hts
-rh .. LIST terminated q sever a-fack q asthma
ms eeirr dkrase hsrpdi-Ery family. Last An
r--s.- is7. set-ed With severe attsck q
asth-a c-uEhed zz1cA that Il SEEMED take away
a. x-rerr-h coua noting without rs giving
ssre-e paEa IN tbs eaEsf and r1sS I ca6 n dctor
hs msccne but 10 purpose was reco-li1ended
climate. AID went % Sa- lose bot
cnA-Ee climate lad eject and Uhen len jos
never ezpe-tnt finally trted this remedy
un.A give sch relefss ozce thst eontruec taxing 4
n-s elsecrre ccnrrete and rairal az Row as
has and hearty n ny life have recon-
rnsn1cd cthers and u tnvarab p-cuced The sane
barry results mend Il % the ruhc because
oalsve. zs 4 remedy for asthma, Il has esuaL
Ycurs. &C. FRANCIS L SCCH-
~ FEaScrscu. Earcs Il Is-z-To eli t-kcEs u Hlry
r-.ez-Ihis crrfy. that had severe eo1sh for
r-nrv vears took Al medicines could hear q f1r
rr-hs ard the nsfh-a Al lost lis effect IN few DAYS.
hics e acc7,.nted with the veeetAhe kingdo1a,
hare EAons for ySelf and al bad about the sane
eec, after several days rarg uut NJ such the Coed
SsnaritAn cane along with bottle Of his CAIrfnRSA
ASTHMA CrsE. Ehich helped ve-y much Ny case be-
* org Standing. truly reccu-s1c he MEDICINE
. ctAe-s Respectfully yUurs DR. L GILPtNs
lea Gsary street san FrA1ciSco
81 SID for CrcnlArs % DILLINGHAA { CO.
SSe IN Sole Agents h ne Hawaii, lsiAndA
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-10-22

ny HOTTO-Whaf IL worth doing At an. Is
worth doing well.
MI HTExTIox-To sfEesattsEaetIon to all.
RrTERMs- Cash on Delivery.
I Respectfully Solicit the Public Patronage
sr onrs a aEs..z.. JunD 4 LANES erOcerA stare.
81 Fort Street
R.sSS1 clls for Al ortezS lsss..r
sG-s '. 4 WALLACE Fs0'''s'oI
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-10-22
AMERICAN NEWSPAPERS

SUBSCRIPTIONS PArABLE ALWAYS N ADVANCE.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-10-22

TEEE UNDERSIGNED CONTINUE TO
a tlT WpaiS - ros1 p-iesa- Wools Gaming 70
rrr4rf thir sprirr pnrtieulnriy desired % make
f-urft c BRBTKR co.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1873-10-22
THE COMMERCIAL
PERIODICAL AND NEWS AGENCY
AMERICAN, ENGLISH AND AUSTRALIAN
PUBLICATIONS

HrzilAs5 70 SEbseriocrs rilhia Ten 70 Trrzty DGgs
rOu ne date q PubliaatioH.
Aaa prizes tAai barely esvsr suhsrzPssG
FostaSus thsrscu-
Pgpe7s Dslirersti Free Of Postage IN any part
- r~ Of tls Group. ~ -
&c Subscriptions taken for Less thai oae Year.
a. Flies ~ tsOrs BOsies - whalses Travellers
srnscnIrrrnNs pArARLE Always N ADVANCE.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
TOO MUCH RULE, BY HALF.

, You see, my fellow teacher, that the
sense of the above heading would be
ambiguous if it were not for the COM
ma And as it is, | fear you will
interpret the main substantive by
hickory, or cherry, or birch. Your
pupils, maybe, would gladly give that
phase to my proposition, should they
see it.
Perhaps it would not be amiss If
yourself should chance to carry the
same view for have just come from
visiting school. where, if the shades
OF hickory or birch were not darksome,
vet the omnipresence of rqw-hide,
ipisco fncto, added a ridiculous gloom
to the otherwise cheerful school room
The fact, concerning that weak and
much to- >be>pitied schooImaster was,
that in his former school he had well
nigh made n failure in point of govern
ment, and had been aprised of that
fact This time, therefore, he would
look out for breakers. He would take
time, and pupils both, by the forelock.
He was not to be caught mapping, not
he. lie selects good riding whip, an
imperishable, sarcastic, or, if you please,
stinging raw,hide
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06

And phrases full of Latin words, trunddled IN
so pat.
John Smith knows some things, too, guess.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06

NlHE ILLUSTRATED PHYSIOLOGICAL
l. JOURNAL, is in every respect First
Glass Magazine. It's articles are of the highest
interest to all. Itteaehes what we are and how
to make the most of ourselves. The informa-
tion it contains on the Laws of Life and Health
is we'll worth the price of the Magazine to every
Family. 1t is published at 50 90 year. BY
special arrangement we are enabled to Office
the PHRENoLoGIcAL JOURNAL as a Premium Tor
a new subscribers to the OREGON REPUBLICAN,,
or will furnish the PHRESoLoGIcAL JOURNAL
and OREGON REPUBLICAN together for 81 90
We commend the JOURNAL to all who want
good magazine
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06

Iron WIRE FOR PLAsTERING.--
Wire netting for pIastering is being
rapidly introduced to take the place
of laths II takes less labor to place
on the walls, Is more continuous and
will not burn Coarse netting with
one inch mesh, and made of strong
wire, is found to answer best For
ornamental cornice work it is especi-
ally valuable, as it can be bent into
any desired form. Secured to iron
studding in q brick building, our
greatest danger on account of fire
would be removed A little further
application of this plan is to make
round bags of wire resembling barrels,
and to coat them inside and out with
cement. When it hardens they re-
sembe stone barrels. Filled with sand
and sunk IN rows and masses they make
excellent material for brealwaters
Another extenton of the idea has been
tried with success in England 1t
consists in making iron framed build
ings, covering them with wire nettings,
and spreading concrete on both sides.
1t is claimed that house, walls, floors,
roofs, doors, partitions and all has been
built that is strong, firm and absolutely
incombustiblc. Various applications
of the huseofwire netting, and plaster
or cement, readily suggest themselves,
and the matter is worthy of attention
of mechanics and buiders.-Fdrmer
--~~~-~.. aOe-. .----~--
The Joy of the dumb is always un-
speakable.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
ADVERTISING RATES.

one square (l2 lines or IssFj, fst- SON, 81 so
Each subses. .,tent insertion. .....A....... Ga
A liberal deduction will be made to quar-
terly and yearly advertisers.
Professional cards will be inserted at $12 90
per annum.
Transient advertisements must be paid for
IN advance to insure publication. All other
ad 1ertising bills must be paid quarterly.
Legal tenders taken at their current value.
Blanks and Job Work of every description
furnished at low rates on short notice.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
NO %

This instrument shall be constant
companion from the very first dag lin
the new sphere Of action it shall be
the sane qua non Of successful line of
government; it shall be a perpetual
reminder of his former deficiency, as he
should carry it about hither thither.
Ip sympathy and pity, told my friend
of the dangers of such constant display
of the scepter of authority and discip>
line that Familiarity would surely
breed contempt that the "hiding OF
power were wise plan with both gods
and men. The next day the rod was
put out sight, and I trust with good
results.
But have in my mind "rule" in the
sense of law, or regulations Right
here was the cause of the failure OF
our friend, and doubtless Of a thousand
other teachers and parents.
They have "to much rule,'' that is,
TO many specified regulations so that
if these should all be enforced the
pupil or child would be trimmed down
to puppet, that could open it's eyes
only as you might please to pull the
wire Alas, for individuality Of
character, freedom of thought and
action when scholars shall be taught to
go to school, and to live, pre- eminently
for the rules
To illustrate the legitimate and log
ical results of multiplicity of micro
scopical rules in the school room, one Of
which was to the effect that "there
should be no kind of communication in
the room during recess"
This, under the circumstances. in a
country school, thoug it might have
been have a wise regulation in some
places, was entirely uncalled for and
intoleraut. Hence it was broken by
stout boys; hence the offended digrity of
the teacher; hence disturbing scene
OF copora punishment, followed by
odum against the teacher and popular
prejudice. OF course there was also a
loss Of confidence in bis wisdom and 7
know not how near he came to giving
up the school. Perhaps the visit of
: the writer was just in time to save him
from the crash. Here was plain
case of " too much rule" Establish
but few fundamental rules rs absolute
whose trinsgressors shall be in al
eases called to account, and let The
public sentiment of the school-not ar
easy thing to create, | acknowledge
take care of the rest.
1t will be found that not all boisterou
boys are wilfnIy. so. But by all mean
keep the rod sacrcdly out of sight 70
special and urgent ocasions.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
An nnstamped letter. droped ir the

An unstamped letter, droped in the
Springfield Post Office, was recently
forwarded by the Young Mems Chris
tain Association and reached its desti
nation. On being opened, it was found
to contain the following: Send me
another barrel of that gin.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
IMMIGRATION or MENNONITEs.

hundred Mennonitea, from the Cri>
mea, arrived in this city on their way
to the West to make arrangements for
an extensive emmigration to this coun-
try. They are from the villages OF
Friedensteig ("Stone of Peace") and
Bruderfield brothers Fleld) in the
Crmea, FIVE miles from the shore of
the Black Sea. 1t is now five weeks
since they left Russia, journeying to
this country by way of Theodessa,
Odessa Berlin, and Hamburg. They
are essentially German. speaking the
language of Fatherand. They emmi-
grated long time ago to Russia on
account OF their religious principles,
one OF which is that they cannot per-
form any military service. Represen-
tatlves OF this sect are found in the
Netherlands, Germany, Russia Switzer-
land, France and America The whole
valley of Vistula is scattered over with
them In the Crimea, they have theio
own church, schools, which their
children are obi ged to attend from the
age of six TO fourteen years. They
have also their higher schools, up to
the grade necessary for teachers of the
children's schools. They are nearly all
agricu,tcri>ts In settling on the steppes
Of Southern Russia every colony
planted forest and fruit trees, and now
every house is surrounded by an or
chard, with a piece Of woods in the
vicinity.
BY Russian edict of the 4th OF
June, 1871, they, with all the colonies
in Russia, were allowed to choose be.
tween immigration, not having emmI-
grated at the end Of ten years, Il
become subject to al the laws anC
Obligations Of oruinary Russian sub
| lects. The Canadian Governmen
held out inducements to the mennonite
to settle in Canada, promising then
complete immunity from military service
but the people refused, saying that j
they were obliged to emigrate they
would prefer to come to the Unitec
States. This advance guard is prin-
tipally composed of young men, witt
their families. They held religion
services at Castle Garden on Sunda,
last The Rev. Mr.. Neumann. o
Brooklyn, with whom they have bee
previously in correspondence. aud VIII
has taken a warm interest IN then
| preached.
A deputation representing fort
thousand Mennonites has been i
America some time, searching for suit
able lands on which to establish
colony They have visited Colorado
Minnesota, Texas, and Illinois, the
have not yet determined where to 10
cate the colony, but will decide upo
their return to Russia, and they hope
send out company of least tiy
thousand Mcononites in May next.
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06
Ole Iibtrat 'nepubIitaa
Official Paper for Polk County.
IL Issued Every Saturday Morning, at
Dallas, Polk County, Oregon.
r.. C.sULLIvAN PROPRIETOR.
SUBSCRIPTION RATES.

SINGLE COPIES-One Year, SO 90: Six
Months, 81 % Three Months, 500
For Clubs of ten or more 81 IS per annum.
Subscription must be paid strictly in adoanee
Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-09-06

And phrases full of Latin words, trunddled in
so pat
John Smith knows some things, too, guess.
JAMES McELRoY:
Ay, neebor, there ye're rect,
An sac does Jamie McEIroy aye stand on his
ain feet;
For ilka mon, the proberb says, should gae his
ain free gate,
Sac d;nna let the lawyers put fule notions in
your pate.
An as for you misguided earle, his cen g
aneugh for me,
For i the face of honest mon, sic cen could
never be.
He looks to gleg and canty, too, to suit wi a.
their pleas
O. how he spends the hours o meet sair greet
ing on his knees.
trow the mon he bare grudge might weel
hae cause to greet,
An though his bed be saft as snaw, his sleep
wad no be sweet.
TAN DUNCAN
Moo baud yer peace, ye daft auld "hig, he Is
ayo an open hond,
An purse xeel filled wi silor, too, as ony i
the lopd.
BESIDES, ye ken our turn may come.
SETH CurTs:
And that is true, Tam, for you.
When wit is out aud liquors in, who knows
what he may do?
These acci ilcnts will happen, so I reckon the
best way
Is justto lot the fellow slide; most like we II
get our pay.
TIMOTHY 0'RELLYi Rafting his poekcts);
Faith he's an honest gintleman.
DREsweLL TO DeLvER)
Well, friend, what's your good word
Dick DGLygn (sio~tyl;
don't know hardly what to say t amt much
that / have heard,
Aud do nj waste time on newspapers, or any
such like. trash
But guess we better lot him go.
SuARrLgY:
yos ,b;o,. % cpean for cha.b.
STEPHEN AkSpERh EAnf
really think, my friends, we ought 70 save
| the prisoner life;
I'm sure we could Mt bear to SEQ the grief Of hi
poor wifo.
| Aud then, you know, he may repent an'
change his courses bold.
| To,. s,,,ru
r, TN,
,,, r., ,o,a
WILLIAM SrovEH (CoLoRAno BHtJ;
We waited patient. so fur, but nor d like T.
know
When was down to Frisco, boys, come Aug
ust twenty year
We've hung dozen men in half the times swe'v v
loafed round here.
nn.s,
Suppose we take vote' my if'enas' 10 see lh'
no" we S'and'
VIII those who think the prisoner Not "u''t1
raise '"o ha'"
|
I'M, ,u 80,
O.. uao,, .,,o ho .;aa
..d.t
r. o, ara r;co :, "a vsrv sne b,. for ~,
ust sa
cant afford to waste nv time and lose m
bo,os, nax
'n'n s,vs'
surely we must live.
|