New-York tribune., 1873-04-19


The recent discussion Of the question Of chartered
rights of corporations, in connection with the
matter of railway fares and freights, especially
in Illinois has called out frequent alusions
to "the Dartmouth College case" and there
has been some inquiry as TO what the doc
trine in this leading case was founded upon.
The title of the action was The Trustees Of Dart
mouth College agt HiLidm H. Woodtrard. 1t was
originally brought in one of the Courts OF Common
Pleas in ew-Hampshire, and was Ioyer for the
books of record, original charter, common seal and
other corporate property of the college. II wentH
consent of parties, to the Superior Court. where.
upon an agreed statement Of facts judgment was en-
tered for the defendant by special verdict Ihe
question made in the case was whether certain aee
of the Legislature were valid and binding upon the
corporation After verdict for the defendant in the
court below the was taken 10 the Supreme
Court of che United States by writ of error, where
the Judgment of the State court was reversed. 10
set forth the case very briefly the original charter
granted to Dartmouth College by the English
Crown vested all the property of the corporation IN
twelve trustees, with power Of naming their sue
cessOrs. The Legislature Of New-HamIs shire by acs
made the twelve trustees and nine Others 70 be ap-
pointed by the Governor and Council Of the State.
corporation by a new name, and all the property,
rights powers, liberties and privileges OF the old
corporation were transferred to the new one a sup
Elementary act authorized the defendant, VINO was
the treasurer of the plaintiffs, to retain and hold
their property against their will The cause was ar
gued IN Washington, March 10. 1878 before all the
Judges by Mr.. Webster and Mr. Hopklnson for tha
plaintiffs in error and by Mr. Holmes and the Ator-
ney-General Writ for the defendant IN error Inc
Judges with single exception, held the act Of the
New Hampshire Legislature TO be uneonsututl0nai
and invalid, and the Judgment of the Court below
was reversed The decision as affirming the n'lO-
liability of charters was considered to be OF great
Importance.
Maior.Gen James W. Hustled of the State Mits
lacks a horse, sword, and SASH saddle. bride aud
spurs he has; they were given him by grateful
Legislature; but what are all these without the hery
untamed steed In the words of the Indian warrior.
"Oh, what is the meaning of thisp Why did the
illustrious statesmen of the Assembly go through
with the formality of presenting him with these
trappings and all this warlike paraphernalia' and
omit the horsei Is it supposed that Major-Gen
Hustled will march to the tented field on foot that
he will review his grizzly veterans with his spurs
on, and his saddle under his arm' Is that proper
thing in Major-Generali Nay, more, would IT nos
be entirely improper in even a BrigaderGenera, OF
Brigadier-General by breyet to conduct a review
with his bride in his hands and his saddle under
his arm We protest against II as violation oi tne
spirit of the age. There is CHASTITY unitnesS aDous
il that mOcks all the proprieties. We have not tho
heart TO intimate that the Assembly intended any
such thing. 1t must bave been, an OVERSIGHT. 10
make man MajOr-Geneml and give hun sworn,
sash, spurs bridle saddle, and ty-net, and no hOs9
to put them on, is an outrage on good taste, aIiu
should be sternly rebuked. If this thing CONTINUES
unadusted till the adjournment We shall urge ING
Common Council To turn over to MaJor-Gen; husica
for use on all State occasions except for dra"lps
gravel the elegant brass horse III Union-Square'
Stealing the product of al authors brains has
been for ages the chief grievance which down-trod-
4. - LID nf
But an entirely new branch of outrage has recently
been opened by this nefarious class. 1t struck .
California editor the other day that a novel from
Bret Harte would be a good thing for his paper 50
he aightway directed of his reporters to wrs
one. He advertised il enormously, " Mliss-A Story
of Red Mountain IN Sixty Chapters; written esPe.
cally for this paper by Bret Harte" and relolceu IN
an Immediate and wholesome growth Of his sub
scription list Mr.. larte who prefers TO write ms
own novels, 80 incongruOus as 10 object 10 tnS
use of his name and the publisher somewhat sur
lenly yielded 30 his representations and sent stk
gram 20 New York 10 say-"All night. VIII pnpnsSs
statement tomorrow aud give name OF satnoi;
He Ia convinced that no man has the right 70 y"
called great humorist who can't take D Joke
Beaumont and Fletcher may now retire as instances
of genius working in double harness. Mark Iwsin
and Chas Dudley Warner have written novel ID
partnership! Il will be published about the end "
the Summer. and viii be octave in form and pro
fusoly illustrated The book deals with the ssheh'
features of our American life of to-day; sne. a
might easily be OWNED, Is in the nature OF ss.,is
Ii Is known to contain all the profound phresoPny:,
the sound learning, and geological truth wnicn az az
found in Innoce ents Abroad and "Roushng H.,
and even more OF practical wisdom ana agrcur;ns
Garden" IL Ia no holiday work. ~ deaIs ~, ~,
every aspect Of modern society and We are ~ r. !.
ized 10 announce that tho paper on whon
writton COST alovan daiiars