davidaulloa/AmericanStories huggingface dataset:
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
Life Insurance Decisfon,

The following important decision was
recentlyrender ed by the Circuit Court oil
the United States for the Western Dis
trict Of Tennessee
CIRCUIT COURT OF THB UNITED STATES FOR
TIE WESTERN DISTRICT OF TENNESSEE.
W. E Tat ct al, Heirs Of Doctor Sam
usl Bond, deceased, Us. New York LIT.
Insurance Company. Common j.
A policy of insurance which indem-
nifies a public enemy against loss in
time OF war is unlawful; and where en-
tered into before hostilities, is abrogated
wien they occur The relations it es-
tsblishes are illegal between belliger-
ents.
Where life policy provides that it
shall be void upon the non-payment OF
premiums within the time prescribed
such payment is condition precedent ;
time is Of the essence OF contract, and
therecan be no recovery il punctual pay"
mertis omitted.
Where the performance OF a condi-
ton precedent becomes unlawful, or by
the act OF God, impossible, this will not
authorize recovery upon the contract
without performance. Such case dis.
tinguished from those 10 which snbse
quent irnpossibility and ilIegality are
relied upon as defence.
A contract OF insurance, the continu-
&uce ofwbich depends upon the election
and acts of the insured, is not like q
debt, the obligation OF which is absol-
ute, and which is suspended only by
war
The relations between the mem ers Of
a corporation for mutual insurance
present all the evils and are disolved
by war for the same reasons as those
between ordinary copartners.
The reasons for the dissolution OF e1.
ecitory contracts by war are not alone
that such contracts involve inter-com-
muuion across the hostile lines, or
thst they relate to property liable TO
capture; but more especially because
their execution increases the resources
OF the enemy.
A court of equity has 90 authority to
decree the specific performance OF an
agreement in Iavor OF party who ha 8
failed to perform o condition which 10
Of the essence OF the contract, although
prevented by its becoming subsequently,
illegal or impossible by act Of God.
A court OF equity will not relieve q
party from the effect Of emitting to per-
form an act, although the omission was
caused by subsequen. Illegally or im-
possibility arising from the act of God,
where such act was merely optional,
end the other party had no right to en-
force its performance.
The agency Of one representing an
insurance company, authorized 10 re-
ceive premiums and renew policies, be-
comes unlawful when the insured and
insurer become public enemies.
Hsmes & Poster, tor pleintiff; RAM
dolph, Hammond e. Jordan, far defend
ants.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
Chicago Market.
CHICAGO, Novembe

ShkOA0Ol 4NOVS"DCI -O'
WHEAT-No. 2 spring 81 oslo
! 094 cash; o64@l 10 for seller De.
cember; l 09@l IL for January; clos
ing at l 90 for seller December ! IL
seller January.
FLOUR-Firm and quiet.
CORN-463@47c cash; 45t@473
seller December 453@4Sic seller JAM
usry; closing at 46sc seller December;
47kc seller January.
OATS-34f@35c cash; 343@35@c
seller December 353@35c seller JAM
uary.
RYE-69@7lc for No. 2.
BARLEY-$l 35@l 81 for No. 2;
e6@9Sc for No. 8; closing at 36@
PROVIsIONS-Mess pork sl3 90
cash; Is 00@13 so seller December;
Is so seller January; IA 00@l4 SO sell
Ter February; closing at IL 00@13 Is
cash; IA 00@ IA l23 seller February.
LARD-7s@7ac seller December;
Ste seller January; Ss@Sic seller Feb
ruary.
HOGS-Active and firm at an adj
vance OF Csc. with sales at 4 00@4 30
for choice grades.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
TRUSTEES SALE.

ny VIRTUE OF A DEED OF TRUST
Il msde by Patrick Burke and Mary
En-ke his wife, to me, dated ctober 18th,
ii and OF record in the Clerks office OF
he county COur5 for Ohio county, West
"a. in deed of trust book No 4, page 29, /
vii. otter for sale at public auction, al the
from: doorof the Court House of Ohio coun-
~. WSst Virginia. on SATURDAY, the Goth
INV of December, 1873, beginning at 10
Nh ,cE m the following property, that
Is TO say, the north Third OF Lot No. 10
Chap'iHs Eotf 5 addition, being y feet on
me GIIqy in the rear Of said lot. and run-
niug same width 80 feet towards Market
Street. and beng the same in which Mr..
LINES Durkin conducts the groC cry bust
ness. on the west side OF Market street, at
inc new Market House in the Filth ward.
'rre Tile IS believed TO be unquestionable,
Int selling rs trustee l shall only convey
.r-.n title as is vested in me by said deed OF
uU,,. Terms made known on day of sale.
THOMAS, O'BRIEN,
r..v,--i Trustee.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
Cincinnati Market.

Si'SLNNAAAt 1'N'ShaSSA 49,
COTTON-Firm: middlings l54c.
FtOUR-Strong, with an upward
tendency; family Sc S0@7 25; extra
6 1905 Is; superfne 5 25@5 IS.
WHEAT-Firm No. 2 red winter
81 As; prime hill ! So white 55@l 60.
RYE-Firm at Soc for No. 2.
CORN-Firm; mixed shelled &c.
OATS-Frm at 33@34c for black
and 40@43 for white.
BARLEY-Quiet at 81 2O@l 30 for
fair to prime.
HAY-In moderate demand at
II GOALS 90 for choice.
HOGS-Flrm at 81 00@4 so.
PROVISIONS-Mess pork strong
atsl3 so. Shoulders 44c; clear rib
sides &c; clear sides 6ic. Bulk meats
strong; shoulders SIC; clear rib sides
6ic; clear sides CSC. Bacon firm; clear
rib sides 62@7c; clear sides 7@74c:
LARD-Firm at Sc for city kettle.
WHISKY-Firm at soc.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
~oR Il ALE

FARM CONTAINING ONE HUN
\ dred and three acres. l will sell 1t In
ana lot or divide IL in lots OF four or nve
ceres 10 suit purchasers. There Is no better
land in Ohio county Tor market gardening.
Si,nsted within one mile of the city OF
Wheeling. .,o
TWO. aud three years. For further particu-
i8rs enquire Of the subscriber.
''''9 GEO. ROBERTS,
IS Main street.
Il. o BRIEN,
Real Est : te Agent.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
Toledo Market.
TOLEDO, November %.

IULEUUI NUFVIHUI1 -O'
FLOUR-Firmer.
WHEAT-Is 1c higher and firm
No. l white Michigan 81 IS.
CORN-Is l@2c better ard firm
high mixed spot Sic; seller December
seller January 55c; low
mixed on spot 54@543c.
OATS-A shade better and quiet ;
No. 2 on spot 4lfc.
HOGS-Dressed IS O0@5 OS.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
FOR SALE.
Cc2rnhIe Coal Property For
Sale. E%

orrcr u HEREBY GIVEN THAT
NOtno undersigned wishes to sell Tin
1SSoI tH or in part) that portion Of coal now
IN his am tSa oho 70 pS SSGG about
acres l !NJ ~ a mile north of the city limits,
one.inlrJr Win one acre OF surface at the en-,
tog eCn'to on the side nearest the river, and
trance ' 90 Of surface around the other en-
three three "I 6Tcl: OF Fulton. The vein OF coal
tranS c. rom feet 6 inches to feet In
VII. va" nd could be conveniently shipped
deP,,tsg I of the county road, or by, the +.
1 I <. 4 r., rs the entrance on the river
Wis not 900 feet from either.
FIJI Tbe above will be sold on reasonable
ms. or exchanged for good town prep
er.y. U.1rpp MARsUaIJ.
rl8rl-h "ALIhN MaNoAt<h
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
FOR SALE.

ONE FOUR HORSE HEAVY WAGON,
I J and one two horse Wagon, and six set
~ heavy Harness. and one good family
Horse, Size eleven or twelve hundred
pounds.
WanteG-pacEase boy for store, German
preferred. j. W. FEkREL,
Wheeling. nnYls-S
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
70 z 5 AL .

~ ACRES OF FIRST CLASS SHORT
lIU Creek Land; all under cultivation !;
srv5n miles from Wheeling; underlaid with
cod and limestone.
w. V.HOGE & BRO,
aU.2j Bailey's Block. Market st.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
administrators Notice.

rNIT UNDERSIGNED HAVING OBJ
| TANNED letters OF administration up
.u the estate of DR. II. J. W iesel, deceased,
...,ny notifies all persons indebted to said
cate, for medical attendance and other
We. 10 make payments 10 me, at 81.
. '>~pu'S Academy, and those having
aims will please present them, duly certl-
.rI, 10 Thomas O'Brien, Real Estate Agent,
"nhlu thirty days from this date
The late residence Of DR.. WlCsel is for sale.
or time, terms, ar, see ThoS O'Erien.
MARY l.. WlSSEL,
administrator OF DR.. II. J. Wiesel, decd,
o.. ~. JGSCph's Convent. novli-l
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
TObHCCOs.

~ DRUMS CELEBRATED "JUBILE
G..bIwist
sU Cgddies "Finzel FrOthCIs' Navies,
81 Monitor Navy,
butts
- Bright twist and pounds,
In store and Tor sale by
Nos NJ. REILLY.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
BANKS.
p,cmr, yosxpH sIYBoLD
HENEr K. LIST, GIBSON LANE.
BANK OF WHEELING
WHEELING, VIVA.

CAPITAL, eleo,eeo
Stockholders personally ii.
able and representing over
$500, 600. .-l
Receives Deposits and Discounts Paper.
Deals Ia Gold, Silver, Coin-drafts and
sterling Exchange.
Sells Drafts on England, Ireland, France
Germany and other prominent parts OF
Europe.
Buys and sells Government, state, Cit
and Railroad Bonds.
Interest Paid on Special Deposits.
Special attention given 20 collections.
d. Q. LIST, President.
G.LAMR, Cashier.
JOS. SEYBGLD, Assistant Cashier.
lanl5
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
YOu CAM FIND
Fish.

400 HIS. LAKE HERRING,
u 20 White fish
llU Nos. and MaCkerel,
IL store and or sale by
s.o, N REILLY.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
FIRST RATIONAL. BANK
% WHEELING,
,.itoi ststes Depository.

y General IL uEing, Exchange and Collec.
ton business transacted with ndelity an
promptneSs.
Certificates OF Deposii is,asd and lrtsres,
paid thereon.
Revenue stamps for sale In sums 10 Iuii.
New Fractional Currency and !, 3 and sc
coln always on hand for the accommoda.
don OF the public.
Accounts OF Merchants, Manufacturer
Bankers and others solicited.
The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
MISCELLANEOUS.
MISCELLANEOUS.
Dr.. Longdon
CONSUMPTION.

A Disease OF Terrible FATAL
II In this Climate.
II dooms more to the grave than Smallpox,
Yellow Fever and Cholera combined
More than 100000 persons die annually
inthis country fron this deadly mala-
dy. II stands at the very head OF all
the diseases OF this cllUate IN pre-
vaIence and fatality.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
Tionesta, june 16, 1873.

The colored address label on each
paper shows the date to which the sub
scriber has paid, thus
Thes Turner 1E74,
signifies that Mr.. Turner has paid for
his paper until March 1st, 1874 The
mail list is corrected weekly. By con-
sulting the address label every subscri-
ber can tell how his account stands.
Our accounts go back no further
than the 1st of January, '73, the ac-
counts previous to that time being
payable to the old firm. The old SUBJ
scription book is yet in our hands, and
our receipts will be recognized by the
old firm. [tf.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
LOCAL AND MISCELLANEOUS.
No Paper next Week.

Insaccordance with a custom which
we much admire, which gives county
editors and printers breathing spell
in July. no paper will be issued from
this Office next week. Where we
will celebrate, or how we have not yet
decided, but Will endcavor to remem-
bcr to do nothing that would put any
of the old Sigoers to the blush, should
they be there to see. Our Office will
be open n good share of the time, and
VIC shall be preparcdto dojob work just
the same as if we weren't resting.
Our next paper will be issued July
10Th.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

Fire crackers and Lemons Just
arrived, and for sale at the "Ameri-
cam Drug Store. Also fresh lot
of fine candies.
Somebody's borrowed Robinson's
wheelbarrow, and he'd like to borrow
it back, il the individual who's got it
will accommodate him so far.
Geo. Haslet has a beautiful fawn,
which he captured in Old Forest
short time ago. The little creature is
rs tame and afieciionate as any house.
hold pet, AMI loves to be fondled.
j. I. Stroup has accepted the of.
tice of Street Commissioner for the
borough, and work will commence at
once. A contamination devoutly to be
wished.
Work on the two bridges is going
steadily on. without much fuss being
made about it. The creek bridge will
probably be finished before the 1st Of
September, and the river bridge about
the 1st of October.
II. T. Dale and J. +. Wenk start
to-merrow for Cleveland, where they
will take boat to Du Luth they are
TO be absent couple of weeks, and
. will probably get Sea-sick and have a
very nice time, provided they don't
get wrecked.
Some burglars recently broke in
TO the house of the editor of the EN-
porium Press. 1t is needless to say
that they were strangers, or they would
know better than to break into an ed
itor's mansion. The misguided thieves
didn't find anything worth carrying
p off.
"A boy named VIM. Cole, who is
not quite level in the head, being a
simple, but harmless fellow, was bit
ten by a rattlcsnake near his home, on
Stewards Run, about two weeks ago.
He was going across cleared field,
and his boots hurting him, he drew
them of, and walked barefoot. AS he
was stepping across log, the snake
sprang from under it and bit him on
the foot. For time his life was des-
paired of, but he is now improving.
Mason & HamIin Organs for Rent,
with privilege of purehase'for month
ly payment, to responsible parties
The "Weber" "Steck" and six
other makes of Pianos, also the Smith
Organs and Estey Organs. Sheet
music and Music Books. Five years
guaranty on every instrument. Ad-
dress Jos. Steinberger & Co. Oil City
Pa.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
School Tax Notice.

In pursuance of act of April 2lst,
1869, Sec. 2, P. L., page 81, | will at
tend at my store, in Tionesta Borough,
on each Saturday for the next tive
months, at which time any person
wishing to pay his or her school tax
for the year 1873 can do so and receive
a deduction Of 5 per cent. on the
amount Of his or her tax. After that
time no abatement shall be made, but
after three months, their will be an
additional 5 per cent. added on all
tax not collected, or paid into the
hands Of the Treasurer.
d. S. KNOX.
Tionesta- .Juno 16 1879
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
NOTICE.

COMMISSIONERS OFFICE, FOREsr Co.,
TioNEsTA, MAY /, 1873.
Notice is hereby given that the bridge
across Tionesta Creek near its mouth will
be removed by the 18th inst, and the Creek
will be obstructed for sixty days thereaf-
ter in the erection Of new bridge dc. All
persons interested will govern themselves
accordingly.
B, order of the County Commissioners.
ID. w. CLARK, Clerk.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

Those beautiful lots just north of
Mrs. Henry's residence can be bought
cheap, on long time, by applying to
the editor Of this paper. IT,
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

Robinson & Bonner have a full
stock of Palm, Leghorn, Wool and
Fur Hats for men and boys. Also
Ladies and Misses trimmed Hats.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
IsoRouGH oFrrcERs.

BRrgess---J g. DALE.s ~
Bovard, I. -. Cobb. ss.N
Justices ofthe Peaee--w. p. Meroilliott,
~. =. Knox. 4 Atea
Cbnstable-4 Geo. Hnslet. Ae
iSohoOt i)ifecfors-S d. Irwin, NJ. w.
Tate, II, o. Davis, d. $. Knox, $. J. VOL
cot, l.. l.. Hackott. A.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

New stock Of Mems, Boys, la
dies, Misses and Children's Shoes &
Caters; at Robinson & Bonner's. Call
and sec them. ~
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

-Swaggart & Smearbaugh Nave
combined forces, and propose to have
fresh meat constantly on hand. They
will sell none but the best quality.
Both shops will be open mornings
and evenings.
The new time table on the O..
c. & A. r. Ry. went into effect on
Sunday last. In its proper place
will be found the time of trains at
this Station, for which we are obliged
TO Mr.. Craig, the gentlemanly agent
of the road at this point. Up the
river in the new time table is now
North. Down the river South.
I'm its proper place will be found
the announcement of NJ. f. Porter,
Of Barnett twp, as candidate for
county commissioner. Whether he is
n candidate for nomination according
to Republican usages or not, has not
transpired. Ifso, there is plenty of
time to change the announcement.
The money market here is get
ting no better fast. Those lumber
men who could just as well wait
awhile for their returns, mostly have
their lumber on hands yet; prefering
to wait for rise in the price to sell
ing at the present low rates
and taking paper at that. Hence the
scarcity of cash.
&C. B. Ely, corresponding Secre-
tary of the North western Agricultur-
al Societ y, has our thanks for com
plimentary ticket to third annual
Fair of that Society, which takes
place at Cory, Sept. 10th, 18th, and
18th, 1873. Should the weather
prove favorable this fair promises tc
exceed any heretofore held by the so
ciety.
We have printed bills for festi
val to be held at the mouth of Bear
Creek, on the Glorious Fourth. The
Bear Croekers have put up platform
for dancing, large enough for thret
sets o dance on at once, and tables
capable of seating as many as will b.
liable to come. Good music and re
freshments will be provided. All whC
go may rest assured they will have +;
good time.
On Thursday last, while excavat
ing for the foundation of Reck's new
house, the workmen threw out th,
upper part of skull, and other per
tions of human skeleton. The bone
were IN decayed state, and are sup
posed to be those Of an Indian, NJ
white man having ever been buried
there within the recollection of the
oldest settlers. Some of the bones
were taken in charge by DR.. Blaine
who is supposed to he practicing fol
the duties of coroner,
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

Marriage Certificates, bIsuk
Deeds, Leases, Warrants, Subp@nas,
Summons, Executions, Warrants and
Infcrmations, for sale at this Office. If
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

The lightest running Machine in
the tporLd is the Grover & Baker, at
least Baldwin, of Tidioute says so,
and bo knows. 46 1y
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

The Meadville Republican says
"Tionesta has a sulphur spring. but
this is not an indication that the crust
is thin in the vicinity of that place, as
seme bad meaning newspapers affect
to believe"
Tionesta has no sulphur spring.
The crust is not as thin as that
story.
No newspapers affect to believe it.
With these slight exceptions, the
Republican item is correct.
1t isn't near as hot here as it was
when Reisinger was here raising sui
pher fumes by red.hot political arti-
eles, and we arc much nearer heaven
by reason Of his absence. If we hear
any more scandal from that quarter,
we will go up to Meadville and eat up
all the Coils provender.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
FoRRsr COUNTY OFFICERS.

Bre@deat J,tdge--W. r. JnNKs. -1-a
associate Jtdges--J. A. PRorER, AN
DRRw COOK.
Sderi6-T. J. VAN GfEsEN.
ffedsurer-FREp. GIAssEER. -.-.
Prothonotary, Register & Recorder, &C.
j. II. AoNEw.
Commissioners aeon MERcILLIoTT, t.
II. COLLINS, john THOMPSON.
County iyuperiHtendent--S. +. RoHRER.
District AHo11tey--W. w. Mason,
Jury Conimissioners-GE SIooINs,
NMs PATTERSON.
County ,yureyor-S.D. IRWIN.
Cbroncr-JosIAH WINAEs.
County 4 Wditors--WM, CLARK, 7. j.
Conn, l.. WARMER,
Member of Congress 19th D,strict--C. d.
CURTIS.
ASscnbly-J. B. LAwsoT.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
THE SODA FOUNTAIN

is constantly charged and iced, and will be
served up in the best manner. Call and
see me. JAS. II. ZONES.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02

For those who DO not want to
stay III TiOncsta on the Fourth there
are q variety of alternatives; of as
many different classes as there are
different characters in our midst.
The Odd.Fellows Of Warren county
held a basket picnic at Irvineton, to
be topped off by o Cornet Band Hop
in the evening. The Tidiouters in
dulge il, trotting matches, ,.home races
and foot races for purses large enough
to make il an object. The Oil City
folks,have celebration, the process
sion to be headed by two celebrated
Brass Bands, Military Companies and
the fireman with their "masheens." F"
The noise will be furnished by field
pieces and the bursting of hose be.
longing to the fire apparatus. The
exercises will be varied by sliding
down the hill from Clarks Summit,
mule races, sack race, boat race, base
ball and creased pole. Alf Burnett
is to polish the whole arrangement
off in the evening. Barnum Show:
in Cory on the Fourth, and Mead
Vile celebrates. Dutch Hill will
keep up its reputation this year as u.s.
ual, and Bear Creek will have a time
which will be remembered years hence
Now citizens, "you pays your money
and you takes your choice"
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
YOU ASK T! I'LL TELL!"
The New nEpHPTIIpEiu Books

Agents Wanted EExcissive territory Civ
ell. The book will sell itself. FathS,
Mother, Sister. Brother, Minister, Mer-
chant, Manufacturer, Farmer. Miner.
Mariner, and Yourself all want It. TnERE
is MONEY IN IT. Send for 4 Circular.
CHESTERMAN q w WEBSTER, 50 North
5th ST., Philadelphia, Pa e .f 49,.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-07-02
7yme Of Irains

Time of Trains
AZ TIoNESTA STATION, on and after
Sunday. June Goth, 1873; t -
SOUTHEAST CLASS.
Train "a GAS p. m.
22- 1898 n. m.
- 2D CLASS.
Train "A ll;45 a. m.
NoRTu-lsT CLASS.
Train 2i 1922 q. IN.
% 5:f7 p. IN.
Train 40 2:32 p. m.
On the River DivtHlaIA Y, 2. from Oil city
10 Iryineton, up thSSVoffs North down
the river, south.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-06
THE COURTS.
THE MANDAMUs RECORD.


John s. Dufiin, colored, was appointed In
July 1872 cleaner of county buildings. He worked in
the Registers office to December. when Register sige
certified his bi for cleaning &C., to the SUPERVISORS
the Supervisors referred it 10 a committee, the
committee cut down his bill to $40 per month
and at that rate the Supervisors audited his
bin at $3.50. He then went to County Auditor Earle
who refused to pay the ground that he was not
properly appointed. He then went to A r. Lawrence
who in turn went 10 Judge Fancher for mandamus.
An affidavit of Mr. Earle put in information and
belief that Dufln was not duly appointed and Judge
Fancher took the case under advisement On Saturday
he decided that the the Board OF Supervisors
show due appointment and due audit OF the bill,
while the papers before the Court show the work was
DONE and that there money the treasury to pay it,
He added While the vigilance and scrutiny of the Com
troers Office are be commended in resisting numer-
Gus improper demands on the City Treasury still when
a workingman has performed four and half months Of
approved the county and has gone the rounds
OF crcumOcutiOn to have his labor certified TO by the
Register and his bill scrutinzed by committee and APP
proved audited and ordered 10 be paid by the Board OF
Supervisors further technical impeachment to its pay
ment should not prevail"
emptOry mandamus TO compel the Controller 70 pay
s2O the balance Of salary for q months claimed to bo
due Douglas Taylor for services as Commissioner OF
Jurors The law fixing the salary OF that position makes
that of the City Judge. The City Judges
salary increased in 1872 from $4,000 10 $4,000 and
Mr. Taylor paid at the increased rate for one quar-
The Controller has since refused TO pay at TINS
rate and claims 81 $50 for the amount overpaid on the
quarter mentioned Judge Fancher thinks the question
a complicated one, winch needs further consideration.
He allows, however an alternative mandamus.