davidaulloa/AmericanStories huggingface dataset:
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-07

stranger to those constructions; it is
between the proprietor of the soil and
the constructor that the issue must take
place. The foregoing hypothesis is very
rare, as 1t seldom happens that an outsider
constructs improvements pr0pIto nomine on
property which he does Dot possess
On the question whether the ueqotioy,,,a
gestor could recover his expense of services
aud his advances, when he has rendered
those services and made those advances
after and IN spite o. a formal prohibition
made to him by tbs proprietor of the soil,
there was diversity of opinion among the
Roman and early French jurisconsults.
Some of them held that the action ,acqoti0r
en- gestOrunt, or, at least, an equitable ac-
ton BASED on the utility Of the work done,
would lie, while others denied the right OF
action OF any kind. The opinion of the
latter was confirmed in one OF the tiftv de-
clsi0ns ca Justlnian. Youllier maintains
that the decision of Justinian i, not CON
trary to natural equity, which permits no
one to enrich himself at the expense of an
other. The contrary doctrine is maintained
py fotnler. Certain it is that the decision
OF Justlnlan above referred to. and the
doctrine of the Roman and French
lawyers IN accord with it, are deemed
false and lnequitabie, and have no force or
FAVOR under the provisions of the Code Ma
poleon or of our Civil Code.
"Puisque aujourd' hui, contrairement aux
anclens principles. lie constructor de mau
valse toi, quel quill soft. ct alors meme Quill
saglralt q I'm usurpateur qui Sc serait mis-
par violence en- possession du fonds, peut
enlever ses materiaux sill n'obtient mas lie
reimbursement de ses depenses, ca droit
appartlendra done IN fermier, GU a un
usufrultier, CONNIE tout autre. La theorie
une donation presumee etant etfacee de
notre droit, lie proprietaire ne peut pas
plus, lei auailleurs, s'enrichir any denssns
dautrui:" Explication du Code Napoleon.
par v. Marcade, tome 2, D. 433.
IL Is very clear. from the fore going extract
from the famous iurist Marcade, that even
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-07

4he government should bear lts just sn@ro
ofs1he expease of these improvemenn:
, 1873-03-07
IKutlroad Accidents.

p1rrsBuRou, Pa, March Ca freight train
coming weat on the Pennsylvania Railroad, at 8
o'clock Inst evening, co}}ided with q locomotive
standing by itself on the Same track at Portage
Station, about 80 miles from the city Both en-
eines aud portion Of the train we're bad1y
wrecked. Tho engineer Of the freight locomo-
tive, named George Beals; Was instantly killed,
and the brakeman" Patrick Darby, WAS 30
seriously injured that he has since died
HABn1BBuRo, Pa, March 6.-Last nights
train from Baltimore on the Northern Cen
t1a1 Railroad, was wrecked II miles south Of Hnr-
risburg by q broken rail. Two passenger cars
hill nnd the other over an embankment. The
stoves fell through the aoors into the snow. thus
preventing the wreck from taking fire. Three
or four passengers were hurt, but none So
riously, except man from Michigan, who had d
rib broken.
CINCINNATI, March Ga Chronicle dispatch
gives tho following particulars OF the accident
On the Panhandle yesterday, near Willow
Grove Station: 4 number OF Tic wounded ar
rived at Columbus last night. T. II. Reels, Of
Scranton, Pa, waa injured in his right foot,
but received medical attention and continued
his journey. H. J. Swift of the firm Of E. 8.
Mills d, Co.; Mrs. George Thompson and
her. daughter Fannie; Mrs. T.. B:
Clark, and Mrs. J. j. Morris, al OF
New York CITY, ere stopping Ut the Nell House,
Columbus. Mrs. Price, Of Springfield, Mo-,
aged rs, haa her leg broken and her. flesh lacer-
juted; is in q dying condition. There we're
slcepers we're precipitated over the embankment
16 feet. Coal-1nine thieves raidcd tho wreck,
aud stole the Ta}uables Of some OF the passen-
per8.
, 1873-03-07
THE MODOCS.

The Pence Co1nrnfss1on . Failure.
SAN FRaSc1sco, March Ca dispatch from
Yrekn says the news from tho Indian country has
created great deal Of suprise. as well as ex-
Steele and his party only escaped from the
treachery Of tho Modocs through the friendship
OF Sacrificed Charley. It will, doubtless, have
to be- fought out now in the lava-bed-
The following telegram was sent, and, BY the
oraer of tho Peace Commissi toner's, furnished to
the Associated Press:
HEADQUARTERS PEACE CoHs11ss1oSERs,(
FAIAcn1tDs, March 4, 1878. {
TO Columbus DeIa"o, Secretary Of the 1''te'07' Van"
Tbe Modocs ernphatcauy reject ali offers and prop.
osttions They propose to meet in full force
Ie1chan and Applegate With SIX man unnrned n tae
lava-bed This undoubtedly means treachery We sre
still Wiling to meet them in conference but not upon
their tcrms, They have accession Of twenty-four
warriors not Modoc.. Without doubt We will send a
message Of protection to all who come out. The Com
mission is failure Instructions coming. Tine
" fsipnedla A. B. MEAcHA,t.
SAN FnANc1sco, March 6.--Jchn Doten, just
arrived at Yreka from tho front, reports that
Judge Rosborough and Z. Steele had been to
Capt Jack's camp for 8 long time, and wore
nnable to make my compromise, the Indians
being determined to fight The terms offered
by the Commissioners at last accounts we're,
that the Modocs should SO on the Klamath
than do this, the Indians determined to fight.
When Dotan left last night, orders had been
given for the soldiers to prepare to march to tho
lava bed. and 300 would start immediately. Tho
commanding officer is now determined to accept
no terms but unconditional surrender.
this morning with funds to pay the troops IN the
field.
1t is believed now that nothing but fighting
wili satisfy Cspt. jack.
, 1873-03-07
FIRES.
Destructive ConflnErntion in zloss.
Efrafn4lG,xaa

Destructive Conflngrntion in z1oss-
burg, Pn.-Other uurninEB.
Conxr,o, N. T., March 6.-The bucinoRs por-
ton OF Blossburg, Pa, Was burned this morn
ing. The fire originated in tho cellar Of the
fancy store OF May d Silverman. The cause is
not known. Thi1ty-fve buildings, containing
about forty-fve places Of business, together with
the Eagle Hotel, which comprises nearly the
entire business portion OF the town, VAS de-
stroyed. Many Of tho buildings were occupied,
above the frat floor, by tenants. No one was
injured. The loss will undoubtedly reach S100, :
600; insurance, $50, 600.
Dosroy, MAss., March Ga fro occurred in
Woburn Centre this evening, destroying siz or
seven dwelling houses and stores, togethor with
one church completely and auother partially:
The entire damage will amount to from S75, 900
to 800, ,00O, covered by insurance. The fire
caught from karosene lamp left burning in q
photographers establishment:
V1na1x1A, New, March CA fire, at O'Clock
this morning, during heavy storm, DESTROYED
third-class hotel and lodging house, and three
smaller dwellings, tho inmates escaping
in their night-clothes. a man endeavorlng
to s1ve his childron was badly burned. 4 boy
aged 15, named James Niles, while attempting
to save a lady who WAS supposed to be in tho
burning lodgng-ho was fatally burned. The
lady had escaped.
, 1873-03-07
INDIANA.

Special Dispafeh to The Chicago Tribune.
ISp1aSApo1as. lad, March 6.-The Senate
amendments to tho House bill to provide for the
construction and maintenance Of railroad cross-
ingB were concurred in
The following bills were passed: To provide
for refunding to certain counties tho taxes ille-
eulIy collected on the assessment OF 1863; the
Sepato bill to amend the law for collection Of
ta1eB; the House bill to provide for the
erection Of hospital for the insane In the
northern part Of the State, and making IN ap-
preparation Of $4,000; the Senate bill to make
the Soldiera' Home home for soldiers orphans
and other orphans when this Home is not full,
sud permitting counties to send Orphans, it their
maintenance is provided for; the House bill
SLOWING railroad companies to contract with
ench other for the use OF their tracks; the
Senate bill to amend tho divorce laws, and
the Senate bill fixing the .aalarics Of Supreme
Judges st g, 900; Civil, Circuit, and Supreme
Court Judges At $1,000; Crininal Court, In
dianapolis, at 8, 600, aud in counties Of 10000
Inhabitants, at q, 500.
The bill to provide an experimental school for
the instruction of idiotic and feeble-minded
children waa tabled by an unanimous yote, for
the reason that parties Interested in the
sale Of property belonging to the Deaf and
Dumb Institute, for which the bill provided, had
made threats Of retaliation in regard to other bflls,
II certain membe1s did not vote for it's passage.
Tho Senate bill authorizing the incorporation
, 1873-03-07
a Sad Story.

Special Dispatch to The Chicago Tribune.
DEsnoESEs. Iowa, March 6--Western Iowa has
ment and deduction case. The prominent par
ties in the case are Mr- Dnvau1, Mrs. Lyner, a
Gleuwood milliner, and Miss Victoria layton, 4
beautiful and accomplished young mfss, 16 years
old, daughter ct tho Rev. J. G. t.. Layton, q
Methodist minister, au residing in GlenWood.
Dnvsul and Mrs. Lyner each have families living
1T Glenwood. Briefly summed up, the case is rs
follows: Duyaul professed to have been con-
Terted, two months ago, under the preaching Of
the Rev. M: Layton, father Of Victoria The
ber Of the zsne church. Three weeks
ago Duvaul went to tho Rev. Layton, and told
him TINT he felt it his duty to preach the gospel
and asked Laytonto give him instructions in
theology. Layton consented, offering ~Duvnul
the rss Of his library: Under this guiBe, the
villain spent most OF bis imo at the residence Of
the minister, outwArdly studying theology, but
really plotting the ruin Of Victo1iA, the Minis
ter's daughter. With tho MD Of tho woman
1yneE. he succeeded in persuading tho girl to 60
win both fame and riches at once. On
Tuesday morning tbs three persons LETT
Glenwood, proceeding to Council Bluffs, there
they stopped at the Pacific House, informing
the clerk that they were all relations, They
were given room containing Two BEDS On re-
tiring, Mrs. Lynez and the girl occupied ono
bed, and Duvau1 the Other During tho night
Du1au1 left his own bed and, with tho asaist~
ance Of 11rp- Lyner, forcib1y accomplished the
girls ruin. Yesterday morning the party left
Tor Ottumwa- Soon after they left, Marshal
Russell received telegram from Council Bluffs
to Arrest them. He telegraphed the hlhrsh1 Of
Ottumwn oa17est them on arrival which wns done,
and 1.-THE Sheriff Of Glenwood SO notified:
The father Of the gil md the Sheriff reached
Ottumwa last night and the meeting betWeeu
the hea1tb1oken father and erring daughter WAS
Just such as any father can imagine. This
morning the Sheriff chained the woman Lyner
and Du7anl together, aud rent to- Glenwood,
the Rev. Layton And his daughter returning by
ottumwa he received dispatch from Glenwood,
atahng that 400 men were awaiting his ar11yA at
Glenwood, and that the excitement there was
, 1873-03-07

Special Dispatch to Tho Chicago Tribune.
CINCINNATI, March 6.-To-night the Demo-
Gratis aud Liberal Republicans aro mutually
rec1iminatipg in regard to the conduct Of their
respective Municipal Conventions to-day. The
Liberal Republicans say the Democrats, BY i'd
journing without ratifying tho nominations Of
the Liberal Convention, violated the terms OF
the coalition agreed upon by the Conference
Committeesof tho two Conventions as under
stood by the Liberals. They claim, further, that
the terms OF the conference required that the
nomination of neither body was really accom-
plshed until after it received the formal ratlf-
cation OF the other Convention, and that, in
adjourning without waiting for such ratification
OF the nomination OF their candidates, the DEM
ocrats violated stipulation. The Democrats deny
that tho terms Of the stipulation 1nc3e ut tue
conference for q division OF Offices admit of
any such construction, and alege, on the other
hand; that the act Of entering into conference
dividing the Offices was virtual pledge Of nu-
t1al support Of the nominees by the contracting
parties, and that formal ratification Was not
required. They claim that the Liberals
got tho lions share OF nominations, ten
out of eighteen. The Democratic nomi-
noes were ratified by the Liberals. Tie
eighth, that for Mayor, tho Liberals took 70
formal action on, but sent it back with request
that the Democrats would reconsider it,. When
the messenger arrived the Democratic Conyeu-
tion had adjourned. The Democrats nominated
q Liberal Republican for Prosecuting Attorney.
This Office WAS tho first giyen to the Liberals,
but traded afterwards to the Democrats. The
, 1873-03-07

Liberal candidate followed the ofica to the other
Convention, aud succeeded in getting the non,i-
nation. The action OF the Liberals in regard
Guilty which would be taken into account. The
most important nominations were for delegates
to the Constitutional Convention. The Liber-
ais for these Offices chose two OF their oWn par
ty, two Republicans who voted for Grant, Judge
sa stao a' sna seorgs aoadey and one a% not
ever, were Ia tho early Reform movement here.
Tho Constitutional Convention ticket OF both
ConTenttons il made up Of very able men.
What tho upshot will be no one can tell Tho
Cancellation. Many think two Or three days will
bring all things right. Others fear rupture.
which will req u;re all the work to be done over.
, 1873-03-07

afternoon, Elizabeth. youngest dsshter Of Thomas P.
Fuuers from reefdencc ufpa1enA No. 48 Blue s14ud
av. On Saturday, 1t 10 o'cbck. bycazrases to Galway
WILBGR-1n thi. city, Harch Sd heart-disease. John
B. Wilbur aged u; formerly Of Baa,o. n Y.
DEUCHAR-In this city. March} Willia1n H.. Oldest
son Of Alexander and EEFlna peudar, aged g year..
Z. At Il o'clock. Frtenit Of the :a1u1 are Invited
Rs s.' eehd
Funeral ~ norh Harket-st., 7. O'Clock, by c2f-
riagus 70 Ca1yhry CNnoto7J-,
SALTER-1n thb city. "a tho morning Of the 6th int
Anuto D. aged ea1s And dnrt SaunCcst daughter OF
George w. and Aahis SalteF-
EsoSin Is & sity. on th it, ef ssuta sToneb
Benpie infant Of 4. ". End Emily y. Mason, aged
mouths &ud Ii Ga5s.
CAMPBETLIa this city. Thursday, u s. Wn9htst.
James Campbell.
FE1epds sse invited.
, 1873-03-07

ring With come Of our citizens, relative to build
ing their road to Muscatine. We understand
thht it viii come here to get 3 connection with
said Museatine is the most practicable and nat
urAl route
COUNCIL BLUFFS, Iowa, March 6.-1he Union
Pacific Rai1road have not Jet abandoned their
specinl transfer trains, although they OCCASION
ally run their through trains over the bridge to
q connection with the Iowa roads in this city,
thus avoiding the annoyance and delays OF un~
loading pasaengers on the west side of the r1Vor.
There is no truth in tho report telegraphed from
Omaha that ono or more OF the Iowa ROADS nave
uado arrangements to run their trains beyond
Council Bluffs.
Boarox, March 6.-Ihe Government Directors
OF tho Union Pacific Railroad, to-day. reelected
Horace F. Clark, President, and John Dun,
President, and E. q. Rollina, Secretary and
Treasurer.
, 1873-03-07
WASHINGTON.


BY keeping out permanently any part of the
S44 0D0 900 legal-tender reserve. But il, in the
Language Of the law, e1iKencies Of public inter-
est shall require, he will not hesitate to act in
accordance With his conviction that he has the
FiEl. to mako uso OF the reserve for tempo
ary purposes in euch contingencies.
NOMINATIONS.
The President will tomorrow send to the SEN
ate largo number Of nominations, including
the names OF officers whose commissions have
expired, and severM Internal Revenue Collectors,
under the act of Dec. 24 last, consolidating the
collection districts and dispensing with the ser
vices OF AssessoIB. >.~..-
MEXICAN COMMISSION.
ItiH expected the Senate will act upon tho
supplemental convention for extending, for two
years, the United. States and Mexican Commits
Eion for the settlement Of claims, which Was
Elgned in Washington last felt
Joseph 3. Stewart brought auit again.t the
Epeaker and Sergeaot-at~Arns Of the House OF
Representatives. today, for Sl0D 0oo' each;-
being sued separately, for false imprisonment.
The suit is not aimed against the Speaker and
6clgc1nt-at-A1ms personally, though stated
70 On the records, but is design
I'd to j, test tho power OF either
House to iropuson citizen for matter not in
volving question Of privilege. The caso will
be heard before the United States District
Court
SENATOR SUMNER
was in his seat in the Senate to-day. 49,.
WITHDRAWN.
Riddle counsel for-pa the Kansaa banker,
sgainst York, this morning, withdrew the suit Of
repleyin.
, 1873-03-07

UE10 D66tN1 461GC1HKf0ds
CNc1NSA11, March 6.--Tho Mississippi Valley
to hold it's next session 1t st. Louis On the first
Wednesday in March, 1874.
Tho Convention, to-day, discussed professional
topics, the most exciting Of which was dental
legislation, that is whether State law should
or certificate from board Of examiners, con-
tlition Of practice as dentist. An effort is being
made in the Ohio Legislature at present, to
have tho existing law, making such require
ments, repealed.
A. dispatch Was received from Philadelphia stat
ing that on Monday last. the Supreme Court Of the
United States sustained motion to vacate it's
own decree in the celebrated Gardner case for
Infringement Of tho Cummings hard-rubber
OF collusion.
Tomorrow the Association elect officers, and
adjourn in the evening. Its discussions have
been animated and able.
, 1873-03-07
MICHIGAN,

spteia, D*pateh to Ine Chicago Tribune.
LANSING, March 6.-The Senate bill establish
ing two homeopathic chairs in tho University OF
Ann Arbor passed the Senate to-day. BY 23 to s,
being supported in strong speech by Senator
Emerson, Of Calhoun. Tho negative yoters we're
Childs, Gray: Kinds, Isham, aud Richardson
Two other bills were laid On the table in reserve,
lest the House reject this s BIT senate oil la
both Houses the vote in the Lower House stand
ing 76 to .. The Senate joint resolution nub-
mitting to the people an amendment to the Con-
stitution, leaving the Legislature to II the
passed the Senate to-day, Sparks, Of Berrien,
and Sumner, OF Monroe, voting in the negative.
Tho Senate bill law establishing an immigration
commission was lost in the Sennte BY vote Of
IS to ii. It's decentralization is probable. The
bill is opposed by many Senators. The bill MP
propriatinE e66, GOO for an Agricultural College,
passed both Houses.
Thore was debat" on County Superintendent
cy in tho House this afternoon. Tho minority
report, signed by one member Of the Education
Committee, the Hon. @. .. Luae, Of Hillsdale,
Was submitted to the House this morning, con-
denning the County supe1intendency, as con-
trasted with the Township Inspector System.
ITO the Associated Press.1
I.ANs1sa, Mich, March 6.-The House passed
tho Senate bill to apply 36G, 900 to the State
Agricultural College for the payment Of the OK
ponse OF the State Board Of Agriculture, for tho
Presidents house, and two Professors houses, a
library and chemical laboratory. The Honse
also PASSED the Senate bill annexing South
Saginaw and certain territory, and consolidate
the same with the City Of East Saginaw, making
e city Of about Ia, 0oo inhabitants, or rival of
Gasd RtP WITH tha as sy tssy
ediy. vii, they eventually viii make a
city OF about 10000 inhabitants, or tho
second city in tho State Tho Senate passed the
Senate b 70 provide for tae aPpohs%enf; p te Of
Danortmont NJ tfe Michigan University, aud
, 1873-03-07
Railroad News

Special Dispateh to 1ha CHICAGO Tribune
LASALLE, Ill, March 6.-PriTate commune
cations to prominent citizans hero announce that
au1sas meeting is to be bald at Hoopeaton, Yer
million County, on the Goth inst, to coneidar
the feasibility Of including that place in the line
of the proposed Lafayette, Lasalle l. Clinton
Railroad. IS
MUBeAr1NE, lows, March Ga delegation;
Including the President Of the Peoples Marrow
Gauge Railroad. Fas in this city to-day, confer
, 1873-03-07
pEhNCYf VAhfE:

p1rrsnunoH, Pa, March 6.-The Local Option
ill passed tho Senate yesterday in the sarae
an amendment allowing Philadelphia until octo-
ber to hold an election. Il is stated that the
Governor will aign the bill before the close Of
this week, and the subject will be submitted to
vote Of tho people Of Allegheny County on the
2sth inst. The contest promises to be spirited
one.
, 1873-03-07
BELGIUM,

LONDON, March Ga special dispatch to the
Daily Telegraph from Brussels reports: that
Capt. Curry, of the American vessel Agloma,
which sailed recently from Antwerp for New
York, carried away By force seven Sailors be-
longing to the French schooner L'Efricaine.
An Investigation into the affair has been set on
foot, and dispatches been sent to the Consul
General Of Franco at New York, advising him
OF the circumstances, and instrueting him to
watch for the arrival Of the Agloma.
, 1873-03-07

SAN FRANCISCO, March Ga Fort Benton,
Montana, dispatch says war party Of Piegan
Indians killed Hiram Cook and Charles Ka1,-
dolph, few days eince, above Eagle Creek, on
the Missouri River. The bodies were horribly
mutilated-
Asnnke River, Idaho, dispatch says the cattle
are dying in large numbers. Cause, severe
weather.
, 1873-03-07

days work is over returns to ht email house IN
Park Lane, when eho iustructs er two children,
one handsome boy IT fourier years named
Roland, and Jeanne, young engihter. Every
month Madame B., with her dldEen, gcea tt
France to visit her husband, Puce Peter.
, 1873-03-07

MADISON, March 6.-Tsr Democratic membe1s
held caucus, this moring; ind appointed +
committee Of seven to:s,nfg with their State:
Central Committee in reAtionso the nomination.
Of q candidate in opposition b the Hon Eraa-:
mus Cole for Associats .nntte Of the Supreme
Court.
, 1873-03-07

LosDox, March GA report from Berlin enys
many Russian officers and dplomatists have left
St. Petersburg for Asia. It is probable that the
Khivn campaign will commence at an early day.
, 1873-03-07
ARKANSAS.

LITTLE ROCK, March CD. J. Brown, Demo
cra:, was Bworn in to-day as Senator from the
Eighth District to fill the vacancy occasloned
By the death OF Arbuckle, Republican. A bill
passed tho Senate nbolishing the County Courts,
and providing instead Boa1d OF County supor-
, 1873-03-07

+. New: YonK. March 6-The battle-hass Of the
Jersey troops during the rebellion were to-day
deposited il the State House at Trenton, Gov
ernor Parker making an eloquent speech on the
occasion: