davidaulloa/AmericanStories huggingface dataset:
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

1t is, of course, the dHty of Judg-
es to interpret the laws as they are,
not as they think they ought to be.
The Judge of the l.. S. District
Court before which Miss Anthony
has just been tried for having voted
last fall for President, renders his
opinion as follows:
The right OF voting, or privilege
of voting is right or privilege
arising under the constitution of the
state and not of the United States.
If right belongs to any particular
person IL Is because such person is
entitled TO Il as q citizen of the State
where he offers to exercise il, and
not because of citizen of the United
States. If the State of New York
should provide that no person
should vote until he had reached
the age of thirty-one years, or after
he had reached the age of fifty, or
that no person having gray hair, or
who had not possession of all his
limbs, should be entitled to vote, ]
do not see how IL conld be held to
he q violation of any right derived
or held under the Constitution of
the United States. Ii the Legisla-
turc of the State of New York
should require higher qualification
in q voter for Representative in
Congress than is required for vo-
ter for member of the Assembly,
this would, conceive, be q viola
ton of right belonging to one as
citizen of the United States. That
right is In relation to a federal SUBJ
ject or interest, and can be guaran-
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
AN ATROCIOUS SWINDLE.

The Junction City Union gives
this account of legal robbery:
Some time since, a party in the
interest of the Home Insurance
Company, Topeka, induced many
of the farmers on Lyons Creek to
mortgage their lands under the fol-
lowing circumstances, if we are cor
rectly informed:
The company was represented as
being more than solvent, and as de-
claring large dividends. AS re-
quired by law, it was affirmed to
have 100000 cash on deposit with
the State treasurer. Bat if it could
replace this deposit with real estate
mortgages, the cash would enable it
to increase both its business and
dividends. All that the farmers
had to do was to take stock in the
company, and, instead of paying in
cash, allow mortgages Oh their
farms to lie in the State safe. OF
course the mortgages would not be
called for, as they were mere mat
tiers of form; and in consideration
therefor the mortgagers would draw
twenth per cent. dividends, in adj
0ltlon to the income of the farm.
The proposition was child-like and
bland, and its responsiveness over
come the national caution of our
German neighbors, as, also, that of
some farmers near Lawrence. The
Fort Scott fire entailed losses upon
the company, and it now appears
that not only is its treasury empty,
but that the Lyons Creek stock
holders must either raise $4,000 by
July LIST, or have their farms sold.
If the facts have been correctly
represented to us, the whole opera
ton had just enough of the SEM
blance of legality about it TO save
its perpetrators from indictment oil
the charge of obtaining money I'M
der false -pretences. The victims
may not now be able to save them
selves; but if their story is correct
the Kansas press will be apt to make
it warm for the Home Insurance
company of Topeka.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

tecd by the federal Constitution.
The inability of State to abridge
the right of voting on account of
race, color or previous condition of
serYitude, is a federal guarantee.
Its violation would be the denial of
a federal 1ght-that is, right be-
longing to the claimant as a citizen
of the United States. This right |
herein exists by virtue of the Fiji
teeDth Amendment, only If the Fiji
teenth Amendment had contained |
the word sex, the argument of the
defense would have been potent.
She would have said an attempt by
State to deny her right to vote be-
cause one is of a particular sex is
expressly prohibited by this amend
ment. The amendment, however,
does not contain that word. 1t is
limited to race, color or previous
| condition of servitude. The Leg
islature of the State of New York
has seen fit to say that the prilege
of voting shall be limited to the
male sex. In saying this there is,
in my judgment, no violation OF
the letter or the spirit of the Six
teenth Amendment. This view is
assumed in the second section of
the Fourteenth Amendment, which
enacts that if the right to vote for
federal officers is denied by any
State to any of the male inhabitants
of such State except for crime, the
basis of representation of such
State shall be reduced in the pro-
portion specified. Not only does
this section assume that the right of
male inhabitants to vote was the
special object of its protection. but
IL assumes and admits the right of
the State, Notwithstanding the ex-
istence of that clause under which
the defendant claims, to the contra
nv, to deny to any of its male in
habitants the right to vote, which is
: allowed to other male inhabitants.
The regulation of suffrage is con-
coded to the States as q right. The
, case of Myra Bradwell, decided at
q recent term of the Supreme Court
of the United States sustains both
: these positions. The Fourteenth
: Amendment gives no right to a wo-
: man to vote, and the voting by Miss
Anthony was in violation of law,
= If she believed she had q right to
| NOLC, uOCb LA11o ACACoSO AAOA - OAA eAN
penalty? 1t is argued that If the
9 knowledge referred to in the act
referred to relates to her knowledge
f. of the illegslity of the act, and not
to the act of voting for, it is said
r that she must know that she voted
y Two principles apply here: First
r ignorance of the law excuses no one
a second, every person is presumed
- to understand the effects of his OWL
acts. Miss Antony knew that she
was q woman, and that the Consti
tuition of the State prohibits hel
: from voting. She intended to VIC
o late that proVision---intended L
n test it perhaps, but certainly intend
ed to violate it. The necessary eff
u feet of her act was to violate it, anC
o then she is presumed to have in
= tended it. There was no ignoranc,
r. of any fact, but, all facts being
known, she undertook to settle |
Z principle in her own person. Sh
o takes the risk, and she ought not t.
shrink from the consequences. TIL
court declined to submit the case t,
d the jury upon any question what
70 ever, and directed them to render
}. verdict of guilty against the de
| PENDANT
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

NEWSPAPER PosTAGE.-We can
now look out for diverse opinions
by every mail on the new postal
system. The last is from the
Washington Chronicle which as
sumes to be officially correct, and
says:
The law does not and will not
after June Both require full pre-
payment of postage on all printed
matter. Transient or miscellane-
Gus matter must be fully prepaid
at the mailing Office. Regular
publications, known as newspapers
and periodicals, may be sent to
subscribers now and after the 3Oth
instant unpaid, and the hostage
collected quarterly of the sub
scribers. Newspaper exchanges
may be prepaid quarterly, either
at the Office of mailing or delivery.
The requirement for full pay
ment Ga transient printed matter
is statuary, not departmental and
cannot be ahrogated by
the Postmaster General. It is
made the duty of all Postmastcrs
to collect all deficient postage at
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
DIR OWN CELEBRATION.

The young men of our cornet
band have determined to get up a
celebration here at home, and We
hope every citizen will aid them TO
make it a success to the extent of
their power. We have not had
celebration for five years, and the
people in the country are looking
to Emporia for amusement on that
day. They want to come here and
we should get up a good celebra-
ton and invite them.
The boys have gotten up good
program, and will do more than
they promise, If the citizens Will
back them with such aid as they ask
for. Let us do our whole duty.
Give them what money they need
and then attend and make the cele
bration a grand success. All arr
alike interested in this matter.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

SINGULAR PHENo4ENnN,-A few
days ago q Mr.. Hardin, residing
some five or six miles east of this
place, saw something resembling
an enormous serpent floating in a
cloud that was passing over his
farm. Several parties of men and
boys, at work in the fields, OBJ
served the same thing, and were
seriously frightened, II seemed
to be as large and long as a tel
egraph pole, was of q yellow striped
color and seemed to float along
without any effort. They could
see it coil itself up, turn over, and
thrust forward its huge head as if
striking at something, displaying
the maneuvers of a genuine snake.
The cloud and serpent moved in
an easterly direction, and were
seen by persons a few miles this
side of Honey Grove. The ques-
tion is, what is it and where did it
come from?- Bonham Texas J
Enterprise.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
NOTICE.

rs hereby given that the undersigned
Il has been duly appointed by the Pro-
bate court of Lyon county, Kansas, as
administrators of the estate of John An
drews, late of said county. deceased, that
all persons having claims against said
estate must present them according to
law, within one year, or they may be de-
barred of any benefit of said estate; and
If said claims are not presented within
three Years they will be forever barred
of any benefit of said estate.
DRUZILLA ANN ANDERSON,
Administrative,
GILLETT & SANDERS,
Attorneys for Administrative. a6ts
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

Last week, DIR. Vail, of Manhat-
tan, sold his thorougbbrcd Durham
bull, Climax fourth, TO Messrs.
Chas. and Edward kimbaII. for
1925. Also a thoroughbred heifer
calf, five weeks old, out of lady Sale,
of EmporIa. to f. p. Weber. for
$50.
The wife of a farmer at Grass
hopper Falls, died six months ago.
The farmer soon besought neigh
boris daughter to marry him. She
refused, and last week he took
strychnine. A stomach pump saved
the silly fellow from rejoining his
wife at her present abode.
The Kansas and Missouri Bridge
Company brought suit about a year
ago against the subscribers to the
stock of the bridge for unpaid as
sessments. The suit against Col.
+. e. Hunt was made a test case.
The District Court decided that the
subscription was legal, and the SUI
preme Court has just affirmed the
decision. In substance the decision
is that the unpaid stock must now
be paid. The largest delinquent
stockholders are Len Smith, Alex.
Caldwell and Ii. W. Gillet.-Leav-
enworth Times.
A most distressing accident oc-
CURED on the Kansas Pacific rail-
road near Salina last week. Ma
than Clare, brakeman, fell between
two cars and was killed, his head
being crushed and legs broken.
His wife and five small children
had that day arrived from the east
at Wamego, at which place he was
to meet them the same day of the
fatal accident, and instead of the
wife and children receiving to their
arms their husband and father,
nothing but his mutilated remains
I were left for them to gaze upon
The scene is described by those who
witnessed it, to beggar all descrip.
ton. The anguish of the mother
and distress of the fatherless chill.
dren is more than any pen can
describe.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

The great fair of 1873 is to be
held at Indianapolis. Forty thou
sand dollars are being spent to fit
up sc acres of ground with fair
buildings, and everything necessary
for a grand exposition. The fair
will last through September, and
indianapolis expects to cover itself
with glory.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

26Oout of BOG Congressman and
Senators retain their back pay plum
der. Only 46 are sufficiently asham-
ed of public robbery not to partici-
pate in it. Isn't it time the farmers
and other honest people took a
hand in public affairs?
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

And now Boston refuses 10 furn-
ish the money Prof. Wise needs to
balloon across the Atlantic, and the
professor appeals to New York for
help. One thing is probable-if he
only gets fairly started he won't re-
turn to ask for any more funds. If
he will take Geo. Francis Train up
in his balloon, New York will no
doubt pay the bill.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
1776. Fourth of July. 1873
GRAND BALL.

To be held in an arbor ON the premises
of Z. w. Brace, Americas.
Ample refreshments will he furnished
on the grounds.
Music by Emporia String Band.
Half fare tickets will be isSved on the
NJ. X. & T. railroad.
Come one, come all, and have Il good
time .Es a6tf
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
NEWS AND EDITORIAL ITEMS.

An enterprising New York GUS
tom-house party, named j. Walls,
has defrauded the government out
of large amount of duties on
Mexican shawls. Isn't there con-
sular vacancy somewhere
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
SPECIAL TELEGRAMS.
No Bender caught yet.

No Bender caught yet.
Vice President Wilson is better.
Ex-Poliee Superintendent Ken
nedy, of New York, is dead.
Three masked robbers took 81, 300
in gold from Wells, Fargo & Co.'S.
stage near Marysville, CAL, Tuesday.
Ubassy, the French biIliardist,
was beaten in New York, Tuesday,
by Maurice Daily.
At Springfield, Ohio, Tuesday,
set fire to the Luthern
church spirc. John Powell, fire.
man, tried to ascend but a falling
timber killed him. The spire burn :
ed, but the church was saved.
Four negroes who murdered the
white man at New Iberia, Louisiana,
choked to death the other day, in
consequence of lynch law.
Horace f. Clark, President of the
Lake Shore and Union Pacific Rail-
road Companies, and son-in-law of
Commodore Vanderbilt, died in
New York last Friday, of rheuma-
tism of the heart, in the 58th yoar
of his age.
Joe Burton, negro, II years, hung
at Georgetown, Del, Goth, for al
legged outrage of white girl.
st. Joseph crows over it's pros
poets as the great cattle shipping
terminus of the western roads that
rnn into it. It is to have a $4,000
stock yard.
In New York, Saturday, Nathan
Harsh was breaking up old car
tridges, when 1000 of them sudden
ly broke him up.
The Tigress starts July 9Th to find
the Polaris. She takes two years
provisions. Captain Buddington
isn't going.
Lovett Gaumillion lived in Au-
gusta, Georgia, and lately threaten
ed to shoot an emotional youth
named Glover. Glover, last week,
sent for Lovett and father to meet
him at a store, and when they came
in he shot them both dead.
Mcdonnell, the smart forger who
robbed the bank of England, is on
trial in London, and wishes he
hadn't been so smart.
Joseph G. Howard, horse thief,
was captured at st. Louis, and taken
to Pacific City, Missouri, where he
danced on nothing for a few seconds
for the entertainment of a mob,
and was then buried.
In Alabama it has rained every
day but three from May q, to June
10, and the farmers are badly dis
couraged.
In Fort Wayne, Ind, on the 18th,
two kegs of powder in a burning
grocery store exploded and throw
things around lively, but not injur-
ing anybody.
Work is to begin at once on the
new U. 2. depot at Council Bluffs,
Iowa.
A Russian army is whipping the
Khioans every day before breakfast,
and this country will soon haYe to
submit to Russian power.
Last Fridays fires were: Sag
inaw, Mich, $4,000; Baltimore,
100000; Michigammi, on Lake
Superior, mining town of good
people, everything destroyed.
Annie Regain and Maggie Mulroy,
aged five years, were found dead in
an empty house in Philadelphia,
las Friday. Both children had been
brutally outraged and then murder
ed by some men who vote regularly
at every election.
On the Goth, Stephen Deshays
and Henry Wilkins, his stepfather,
quarreled about reaper which
both wanted to use on their farms
near Belleville, Ill. Deshays ended
the quarrel by shooting the old man
through the head and back. He
can have the reaper all to himself
now.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
SHERIFF,S SALE

NOTICE is hereby given that by viz
In tue of an order of sale, issued OH
Kansas, to me directed, l will, on Mon
day, the 21st day of July, 1873, at II
O'Clock a. m, at the front door OF the
court house, in said county, offer for sale
at public auction, to the highest bidder
for cash, the following described real es.
tate. tO-wit; Lots % and %, in block No
?, in the Town of Reading, Lyon co ntY
Kansas. Said property to be sold to sat.
isfy Judgment in favor of j. b. Grant
and against i. W. PrOthroe.
JOHN BAY,
Sheriff of Lyon county, Kan,
Emporia, June Goth, 1873. AN5
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
NOTICE.

TNIl ERE will be 4 meeting Of the Fur
l. niture Manufacturing Company al
the council chamber on Tuesday. July
LIST, to solicit the subscription OF stock.
and take into consideration the feasibii.
ity OF the undertaking. All interested in
the building up OF manufactures IN En-.
poria, are cordially invited TO attend and
take part in the proceedings.
BY order of Board OF Directors
JOHN MCDONALD, Pres.
Juhe oath. 1873. 2Gtl
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
The Atchison Charn,,ion sara

Since we have been in Kansas,
now sixteen years, there has been
only one year when the State suf-
fered from the effects of q severe
drought. Yet this one wear has
given Kansas the reputation of be-
ing droughty country. Since that
year dozen other States of the
Union have suffered from drouths
more severe and protracted than
that which visited Kansas. Yet we
never hear them being called
droughty. The raius-fails in Kan
than in any other State in the I'm
ion.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

1t is q fact that some Holland
capitalists paid $3,OO0.OO0 for the
Cariboo silver mines i'll Colorado.
They sent their own experts to
examine the mine, and believe they
will take out $4,000 to 100000 per
month for an indefinite number of
years. Mr.. Breed, a rich Cincinnati
an, had purchased the mine some
time ago for few hundred thou
sand and now pockets the margin.
Money breeds money.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
Special Notice.

A LII persons indebted To the firm of
"A Nicks II Mayse will please call at
once and settle up, as the business of the
firm must he closed up. Owing to the i'll
health Of MIR. Mayse, he has been COM
PEELED 10 quit business and close up his
affairs. in order 10 make an effort 10 re-
gain his health. Come in. and avoid the
necessity % our having to give YOU a
stronger invitation. Yours, &c,
2Gt2 WICKS & MAYSE
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

A mass meeting in New Orleans
with Gen. Beauregard as Chairman,
having declared equal rights for all
sorts of people, colored police
men are to be appointed. There is
a great deal of chiYalric disgust at
this practical result, but it is logi-
cal, and the Louisiana intellect will
acquiesce. To see a we'll uniformed
ex-slave collaring his former master
and toting him to the police office
q spectacle that may now be expect
ed any day in New Orleans. And
thus Me progress.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
New Books!
CITY BOOK STORE.

MYSTERY OF METRoPoLISVIIIF,
Edward EggleSton
WORK" Miss Alcott.
TIE OTHER GIRLS, Mrs. A.D.T.
Whitney.
Ups AND DOWNS, f. f. Hale.
BARRIERS BURNED AWAY, E.P.
Roe.
THE OPEN QUESTION, James De
Mile.
MIDDLEMARCH, George Eliot.
MEMORIES OF ALICE AND PHEBF
CAREY, Mary c. Ames.
BACKLOG, STUDIES, Warner.
TRAVELS IN CENTRAL. AFRICA
Bayard Taylor.
TREATY OF WASHINGTON, Cush-
ing.
ADELA CATHCART, George Me
Donald.
FOREIGNER IN FAR CATHAY,
Medhurst. Etc, etc.
Best Collection in the CITY.
ELLEN PLUMB.
Emporia. Kansas. ~
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

the office OF delivery, whether on
letters or ,,rinted matter, more or
less s'ic'l matters being inadyer-
tently tranfmitted in the mails.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

Judge billions bond decision, it
is understood, affects only private
corporations or enterprises, which
are not subject to legislative con-
troll. Bonds may be legally voted,
as heretofore, to aid the construc-
ton of railroads, bridges, school
houses or other internal improve
ments, the management of which
can be controlled by the people. In
a legal view, the right of the people
to vote railroad bonds is coincident
with theirright to control the roads.
If they could not vote public aid
they could not exercise any power
in the premises, and railroad or 9TH
err corporations could do just as
they choose, and charge what they
please, just as n groceryman can
charge what he chooses for sugar
or coffee. But IL won't do for such
public necessities as railroads or
bridges, or any transportatio N
lines, to be allowed to do as they
please with their cars or roads, and
so the public steps in when neces-
sary and says what shall be done.
The right to vote aid carries with it
the right to control the project to
which the aid is voted, and the
right to control exists in conse-
quence of the right to vote aid.
This, we say, is the present legal
Interpretation of the Constitution,
and Judge billions decision makes
it illegal to vote bonds in aid of any
enterprise which is not subject to
the control of the people whenever
they choose to exercise their reserv-
ed rights. This will permit bonds
to be voted to construct a rail-
road, but will not to construct ma
chine shops, because the manage
ment of the shops is something that
the people would have nothing to
say about.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
Notice to TIx-Payers.

COUNTY CLERKS OFFICE.
Lyon County, Kansas.
NOTICE is hereby given that the
IN Beard of Commissioners of LYON
county viii meet as . "Board of Eauali.
zation," at the county CLERKS office. in
5 the city OF Emporia, on Tuesday, July
sth, 1913, for the purpose of eqIIalizine
me assessment rets1rns Of Lyon county
for the present year.
Any person feeling aggrieyed at the
assessment OF their property must appear
before she Board at that time, when such
corrections viii be made as the commits
sIoners Iaay deem just and equitable.
DAVID S. GILMORE
County Clerk.
Emporia, June 9TH, 1873. 1891
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
NEW ADVERTISEMENTS.
ANNA wARHEN. VI. ID
RPENrEns AND Jo,HRrs

OFFICE in brick building, ext south
~ 10 .. i-esidence northeast cor
ner of Merchant and 9Th avenue.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

nANIDSoN, RAWLINGS & APPLE
II By, may be found al their shon ON
9Th avenue, between Mechanics and Mar
ket ttieets, IT Benseh * Jones old stand.
Are prepared To co ali kinds of work.
Furnish plans 2nd specifications Tor rub
lac or private BUILDINGS
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27

The Ohio Supreme Court has re-
versed it's former decision on bible
reading in public schools. 1t now
rules that the courts have no au-
thority to say what shall or shall
not be read. The constitution
leaves such matters to the discretion
of the officers who are elected to
manage the schools, and It is sup
posed they will act in each case az
their constituents desire. The va
rious schools will differ in the use
of the bible as in text books, or any
other form of instruction. This re-
mands the elephant back to the care
of the people, and a huge wrangle
they will have over ii.
The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1873-06-27
KANSAS CRY LIVE sTock akARKEr

Native Cattle,
EErrrOn