davidaulloa/AmericanStories huggingface dataset:
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16
THE TRE1sURERs REP0RE

The report of the Secretary of the
Treasury. which by law is made di-
rectly TO Congress, and forms no part
of this message. will show receipts
and expenditures of Government
for the fiscal year; the amount re-
ceiyed from each source of revenue
and tie amount paid out for each of
the departments Of the government.
1t will be observed from this report,
that the amount of receipts over ex-
penditures, has been but S2.344,882,-
50, for the fiscal year ending June
18. 1874, and that for the current fis.
cal year. the estimate receipts over
expenditures will not much exceed
$9.u00,000. In view ofthe large ma
tional debt existing, and the obIiga-
tions to add one per cent. per annum
to the sinking fund. sum amount.
ing now to over S34. 100000 per an.
mum. | submit whether revenue should
not be increased or expenditure di-
mlnished to reach this amount Of sGr-
plus. Not to provide for the sinking
fund is a partial failure TO comply
with the contracts and obligations of
the government. Atthe last session
of Congress a very considerable re-
ductiOn was made in rates of taxa
ton, and in the number of articles
submitted to taxation. the question
may be well asked whether or not
in some instances. nnwisely. The
Secretary or the Treasury. IN Ais re-
port, fa2ors Legislation ao0iaiiag 70
specie payments, thus supporting the
views previously expressed i'm this
message; and also recommends eean-
,omy in appropriations. and calls at
tention to the loss of re@enne from
repeating the tax on tea and coffee
without bencftting tie consumer.
There are many articles entering IN
10 home manufactures which we do
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

KTTELY EXTR.tCP FROM THE
SPEECH or HON. MATT, KEC.fR-
PENTER ~ TIE FARMERS or
ELPOHI, HISCONSLT.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

More than three hundred members
were in attendance upon the Indiana
State Grange the last week i'm No
yember.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

Having shown that corporations
a powerless to transact any busi-
ness. and can not even exist without
legislative authority, and that they
can only carry on such business as
I they are authorized to. in such man
ner as the law prescribes, by such
agents. Mt such times and under such
conditions and restrictions as the
law imposes; and having also shown
that operating railroad, and taking
tolls and freights, is business which
not even a natural person cIn engage
in without Legislative permission aud
authority; and that the company, by
refusal to exercise the franchise, sub
jectS itself to action for damages,
and forfeit their franchise by such
non user, l come now to consider
who is the owner Of the railroads OF
/ our State, over which these corpora
tions assert such absolute and soy.
ereign dominion and l shall show
that they are owned by the State,
and that the railroad companies are
only the agents Of the State for the
purpOse Of operating such roads; af
ter which it will not be difficult to
{ determine whether the principal can
control the agent, or the agent can
control and defy the principal.
In the first place, no railroad could
/ be, none ever was, built without in
voking the right of eminent domain
that is the poacer Of tie State to take
the private property of individuals
for the purpose of constructing the
road. This brings us to a crucial
test Of the character of railroads
because it is everywhere conceded
that the State cannot take, nor au
tlIorize its agents, or corporation o.
its creation, TO take private property
for other than public use. If rail
roads are private property owned IL
absolute right by the stockholders o.
the conn any, then the right of emi
nent d main can never be exercised
for their construction, because pri
vate property can not be taken and
conferred upon private parties fol
their private advantage. Ineed moi
stop to fortify this principle. because
it is as old as the right of eminent
| domain itself; it is embodied in the
| Constitution of the United States
and in the Constitution of every
State in the Union. 1t is not an
open question in any sense, or fol
any purpose. 1t is an axiom o.
American jurisprudence and what
ever pretentions falls upon it will be
broken, and whatever it falls upoT
will he ground to powder.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16
ARKANS1S.

Another trouble has arisen ih
Arkansas. Article thirteen. OF the
constitutions of the State. which was
adopted in 1868, and upon the ap-
proval of which by Congress, the
State was restored to representation
as one of the States of the Union,
provides. in effect. that before any
amendments proposed to this Con-
stitution shall become part thereof
they shall be passed by two success
ixe assemblies. and then submitted
to and ratified by a majority of the
electors of the State voting thereon.
On the eleventh of May, 1874, the
Governor convened an extra session
of the General Assembly Of the
State, which, on the eighteenth of
the same month. passed al act pro-
viding for convention to frame a
new Constitution. Pursuant to NlEs
act, at an election held on the thir-
tieth Of June, 1874, the convention
was approved and delegates were
chosen there. who assembled on the
fourteenth of last July and formed
8 new Constitution, the schedule of
which provided for the election Of
an entire new set Of State officers in
a manner contrary to the thin ex-
listing election laws of 1.-THE State.
On the thirteenth of October, 1874,
this Constitution, IS therein I'roNid-
ed, was submitted to the people for
their approval or rejection, and ac-
.eording to the election returns. was
approved by a large majority of
those qualified to vote thereon. and
at the same election persons were
chosen to fill all the State, county
and township offices. The Cover
nor elected in 1872 for the term of
four years turned over his Office to
the Governor chosen under the new
Constitution, whereupon the Lieu
tenant Governor, also elected in 1872
for a term of four years. claiming
TO act as Governor. and alleging
that said proceedings by which Tue
new Constitution was made and new
set of officers elected, we're uncon-
stitutional. illegal and void called
upon me. as provided in section
four, article four Of the Constitution.
to protect the State against dones-
tic violence. As Congress is now
investigating the political affairs of
Arkansas, | have declined TO inter
fere with the subject. for Executive
interference with the affairs of a
State Is repugnant TO the public.
and to the feelings OF those who,
from their official capacity. must be
used in such interposition, and to
him or 10 those who must direct
others most clearly on the side Of
law. such interference becomes a
crime without the law to support it.
and he is condemned without a hear
ing. desire, therefore. that NIL ne
oessity for Executive direction in
local affairs may became unnccess-
ARK, and invite the attention not of
Congress. bat Of the people Of the
United States. to the causes aud
Affects of those unhappy questions.
Is there not a disposition on one
side to magnify wrongs and OUT
RACES, and on the other side TO be.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16


But, it may be asked, suppose the
railroad company should buy its en-
tire right of way. and not have to re-
sort TO the process of condemnation
under eminent domain, how would it
be then? | answer, precisely the
samei because the company could
not, as have shown, do this with.
out authority derived from the Leg.
islature and the Legislature has on
" authorized the company to buy
and hold land for the purpose of a
railroad. which is a public highway.
And, after acquiring the land, the
company cannot change the use nor
the tenure by which it holds the land
without legislative authority
Well then, says some railroad at
torney. what has the corporation got
for all the money it has invested
answer. it has just what the Leg
islature granted, as a franchise. that
is, the exclusive right to use a pub-
lie highway. and perform the fnnc-
tions Of common carrier thereon,
to the exclusion of all other persons.
subject to legislative control; re
ceiving to their exclusive benefit all
the toll demandable therefor. This
is what the company paid its money
for this right was granted in consid-
Grafton that the company would pay
what the State would have to pay
for taking the land. and also the ex.
pense Of improving the properly by
the construction of the read. and the
expense Of cauipping and operating
the road.
It is. therefore. clearly within the
power Of the Legislature 10 alter or
repeal ,asiy rea road charter granted
by the State. A repeal ofithe char
ter would ,extinguish the corporation
and recall its franchises after which
whatever might be the equities Of the
stockholders or creditors Of the cor.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16
HENRY WALKER,
TIE OLD, RELIABLE AND PERMANENT"
B ar b er,

CONTINUES to 4'hold forth at his old .stanz ca
- Henry Street, near the Railroad, where he
viii be pleased to see and wait upon all Of his old
customers, aud ~ many new ones may feel in
cliued to patronize him.
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

60 TO III Il " a -
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16

Ella
The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1874-12-16
AND SHOE MAKER,

Tor GOOD fits. and DURABILITY unsurpassed,
look out for The Sign Of the BIG BOOT. located III
the ''Y," near the Fast Tennessee, Virginia and
Georgia Depot, Morristown, Tenn. feb4-4y-
New-York tribune., 1874-01-29
MAYOR HUNTER INQUISITIyE.

Before John w. Hunter was nominated for
Mayor he frequently expressed the opinion that the
fuads of the Brooklyn Park Commission were squan-
dered and that the accounts OF the disbursements and
receipts were unntegbe This view he has reiterated
since election and he has stated that he VIII ooeo
to signing requison for the transfer OF money 10
the Park Commission until their affairs shall nave Deeh
satisfactorily explained him. The President OF the
Park Commission, j. 8. T. Stranahan. called on mayor
Hunter yesterday obtain part or the greater poroh
of the amount raised tho levy for the maintenance
Of the public parks during the present fiscal year
Mayor Hunter stated that he did not feel inclined TO
comply with his request until Mr.. Stranahan shouid
explain, 80 "a it could be understood what hao
been done with all the moneys received last year
The Mayor also requested him to make state
ment Of tho Department receipts and expenditures,
and refused to sign any warrants until the account was
rendered Thereupon Mr.. StranahaD submitted the
abatement which had been sent to tho Common Council
and which had been published the annual report OF
the Park Commi ssoners Mr.. Hunter replied that FOR
ndefniteness and Obscurlty the report exceeded any
thing he had ever examined. and that details were
mentioned and an apparent effort was made TO conceal
rather than reveal the facts. The Mayor asked MT
Sranslan to explain what was recorded In the report
as balance $267 30. He desired to know who're
then oaed attention tO the deficiency OF toiU oo aud
asked for an OK PLANTATION OF that amount Tho answers
To these questions declared by the Mayor " DE 80
ambiguous and unsatisfactory that he came to the con
clusion that tho bookkeeping or the Commission was
very defective IL appears also That at the meetings OF
the Park Commissioners the Mayor has asked questions
which Mr.. Stranahan Gays are : enubarrasslnS, ahu
trouble between the Mayor and COMMISSIONERS ID ah
New-York tribune., 1874-01-29
DECIslONS-JAS. 2S.

Supreme -ChambeTs-Bv Judge Lawrenee: es:s.
Latoure,te Of reference vacated With ese
es opnion Congregation Kenesh Israel Of Rassan s ssr
Kensh Israel Of Msenu Israel ct 10 G I,ux-
Gerard &c Wsterbury 10 the matter &c
os-Msmorspduma Conzsaiioo keneseth Israel Of DE-, M
itxs ss Congregation Keneseb Israel Of Macrts srse va.
Tweed aL-Gfsned In the mstss &c. Jalian-hepon %
confirmed u.,,,, ., va.o S,,.A
Collins .rt shutl-Moon denied with $40 costs Of Opposing
Cyrcuts-PartH H-By Judge Van Brunt-MoodJ ast rsL->
s,,Ied. Cobb AT ssymeuL-Mouon granted
S.u.v1or Court-Speciol Term - Bv ChiefJnsues
StallnechtPndngs settled and ned AND
.srt Tor jebt ordered sgt Atmeyer Pou sgl Inc
Tmon.ss Asyun granted Lsngdon sg The ses e~
"a and e. G. Assossasion.-Mouon denied
Marine Court-Geneal Tcrm-By Judges AlkeI.
Josehmses and MeAdsm-Ber set S,r.sansu se.n,Ap w
R.,d All, Pidcoct Oornor Coben-udements annsd ,
By Judges Aher spsudng and MeAdsm AZ II
men, reysnsd Wes susr-Jpisment reversed
Insg,, spsulaipg and MeAdsn MarpAy af- Bacins
snmea Hsn ssL Cosneri Hiebfsh agt Losb-orsrrs s""
New-York tribune., 1874-01-29
AN EXTRADfTION CASE.
THE LUMBER FAILURES.
APPOINTMENT OF TRUSTEES AND AN ADVISORY COM
MITTEE CONFIRMED.

APPOINTMENT OF TRUSTEES AND AN ADVISORY COM
MITTEE CONFIRMED.
The creditors of Douglas l.. White, A. 5.
Page and g. W. Barnard. bankrupts, lmet on Dec. 49,
ls73 before Register Fitch OF this city, proved claims
aganst them to the amount OF $7OO0Oo. and adopted
resolution appointing the following as trustees 70 man
age the estate OF the bankrupts Alfred Wilkinson.
George c. Peters and Francis C. Barlow. resolution
appointing the following advisory committee OF
five to assist the trustees In their duties, was also
adopted Francis A. Palmer, Henry W. Sage, Benjamin
B. Comegys, George l. Seney, and George 8. Coe Reg
ster Fitch certified the resolutions to Judge Bachford
of the United District Court. and reported ad
versely upon them the ground that, In his opinion
they we're prejudcal the interests OF the majority OF
the creditors e. A. Seixas Attorney for the Broadway
National Bank, which had proved claims against the
bankrups 70 the OF s43OOO, applied last Satur
day, to Judge Batchford for order confirming the
appointment OF the trustees and the advisory commit
tee on the ground that three ourths volume Of the
creditors had voted for them, and that they were we'll
calculated TO protect the interests Of every one having
claim against the bankrupts. The City National Bank
OF Binghamton which had proved claims against the
bankrupts to the amount OF about 5000 opposed,
through Mr. Mcmahon It's attorney, the confirmation OF
the and the committee the ground that they
numerous to act harmonously In managing the
estate and suggested that Mr.. Wilkinson be appointed
either assignee sole trustee. Judge Batchford
snd disa the trustees and Committee Specified ~ the reso
tions Of the creditors therefore confirmed.
The assets and estate of the bankrupts who com
pOsed the firm of Douglas White & Co., lumber deal
ers at Albany consist OF lumber tracts lumber ana
lumber mills in Canada, Michigan. and the north
western part Of 1t is said that the firm failed
on account Of joining in the attempt to "bul the
lumber market about year ago. The nrm was ad1udl.
Gated bankrupt in November, 1873, on the petition of
the Continental National Bank of this city, whose claim
for 100000 1t has been ascertained that the following
are among the heaviest creditors OF the firm
The Metropolitan National Bank OF this city 500 900
H. W. Sage Co., $1I9 900 The Farmers and Mechanics
a. Co.. $i3,SS7 70 c. II. Hamilton, t6s,9i2 g. The last
two claims secured.
Mr. Sexas says that nearly authorized bank in
this city has "a claim against the nrm and that the
largest one for about 100000 and the smallest for
about $1,000.
The Trustees and the Committee will immediately pro-
ceed to settle OF the bankrups. and having
larger powers than assignee they act In the mat
ter without continual applications to the Court for
instructions.
New-York tribune., 1874-01-29
CRIMINAL NOTES.

In the United States Circuit Court, YESTERDAY.
Thomas Mcclure letter PLEADED guilty 70 charge ot
letters nirus,ed his rensndei for
Louis Zellner was convicted, yesterday, in the
United States Circuit Court Of seDdg improper article, throah
The articles under
forged frank Of Congressman W. X Roberts
The case of Mrs. Merrigan, who is charged with
hargsre; sm will he called in the ks County Ora
and The counsel for the defense vii move f9
ponement the ground that they are not ready for a
In the United States Circuit Court. yesterday the
Indictment charging Ann Garn with perjury swearing that she
soldiers widow obtan pension qusshed
Inn Higgins she 10 held for reindictment
Samuel Disbrow, who was arrested by Roundsmau
Conn Tuesday night Rojsey Ferry With large bSnie
tanning clothing aud syergare aud unable "
explain how he obssei the committed IN eene"
81 900 bail yesterday By Justice Morgsn the To"os Ponce Coaf
At the Jefferson Market Police Court. yesterday,
Kbeh Poole and Thomas Mahoney
900 bail The eharse OF
Thomas the steamship dsho In snvsnt s
Of 5487 Robert Shorte u No 70 West hineen
537 Thdsve each Committed elAf1
with stealing blankets valued at t35 from Dan" Ceno
Bsrnum Circus.
Emma Reed was committed by Justice Flammef
Police yesterday charged With having
s26 from Polish sailor nsme Boesn KnhJh, ia the
saloon No 33 Bogery Tuesday night Prankn sx
sage aagned the complaint Of Rounlsman Healer h
Seventh Precinct who charged him with keepag poer sSs
at No 1876 Waer-st. Hesley declared that be entered h
Yesterday dressed civilians garments and
CHASED policy ticket Justice Hammer cominei the seease
New-York tribune., 1874-01-29
THE BROOKLYN EDUCATIONAL FUND.

City Treasurer Cunningham called yesterday
upon the different banks in which are deposited the
amount credited to the educational fund for 1884, and
served upon them the following notice:
There 10 In funds OF the City Treasury, partially In
your hands, the Of 6 g. subject by Jaw only 10
the control aDd warrant OF the Board Of Education,
drawn 10 the order Of tho person entitled 70 payment
and accepted by me-
me Supreme Court has decided that 10 is my duty TO
place funds TO the credit Of the Board Of Educa
ton. copy OF the order 10 herewith transmitted.
designated the character Of the original In tai:
designation there The Court decides that
these being public funds and their status being fixed by
law, should this and make our books con-
form TO the statute OF April 4, 1850.
In addition to the decision Of the Court have also
the opinion Of the Corporation Counsel TO the same ef
feet and the order Of the Mayor and Common Council
directing my present action In obedience to these
thOrites credited upon books TO the Board Of
Education from the taxes of ls73 In the - Banks.
t939coe 0 You will please conform your books TO this
credit and hold the moneys subject 70 be drawn only ON
the warrant Of the Board OF Education prescribed BY
the law of April L. 1850.
This il IL understood win not Affect the transfer Of the
amount to City Treasurer sbs officers Of the banks
remain rm in their determination not 70 pay the
amount unless the warrants shall b signed By tho
Mayor. the City Clerk. and the Controller The latter
'sll! rsfsss " tsa them. cQrP0rsi,2p Q9sply " Ns
New-York tribune., 1874-01-29
"REMINISCENCES OF RING METHODS.

Judges Davis, Daniels, and Donohue, sitting
IN General Term yesterday. listened 10 arguments in
reference to an old suit between John b. Greene and
the city Greene entered into contract with Tweed,
when the latter Commissioners OF Public Works,
under statute authorizing the corporation to expend
A. 10000 for the completion OF the works for supplying
water TO the city, or 30 much Of the Commissioner
of Public Works deemed necessary. The contractor un
dertook to lay the big pipes in the lower part OF the
city, but after had expended $50 he found himself
suddenly cut of from obtaining appropriation from
the city, He gave up the fulhment Of the con-
tract and the Commissioner Of Public Works completed
IL AZ less cost than the contract rate suit brought
nv Mr. Greene before Judge Van Brunt who decided In
favor OF Mr. for Co., including the interest on
the Ss2 OO and City appealed from this decision to
the General Term. Mr. Dean, Counsel to the Corpora
on claimed yesterday that the contract was not bind
ing on the city, there no advertisement for ten
ders that the amount named was excessive and that
the city carry the work under Its Charter and
the Commissioners of Public Works had no discretion en
cept as 10 the extent OF the work. MT Strahan put In
for the reator the ruling OF Judge Van Brunt that the
Commissioner had discretion under Chapter 2lS Laws
OF 1871 and also by decision in the Navarro Water
case In which contract made by the Commissioner OF
Public Works without advertising for sealed plds WAS
held binding. Decision reserved
New-York tribune., 1874-01-29
HOW MUCH Is THE EARTH LOSING TIMEt
"a khs Rdilnr Of Thn TrIbume.

o
SIR: 1t is admitted by almost all scientists
that the earth is actually losing time. Mathemacians
show theoretically that 1t must be and astronomers
assert that demOnstravey the fact has been proved
An accurate determination OF the quantitative loss
would be valuable merely the solution OF curl
GUS scientific proble furnishing basis for other
results.
But unfortunately scientists do not agree in their an
swers to the question How muchf nor does the same
person always answer the question in tho same way.
Twenty years ago scientists asserted that the day had
not engthened One-three hundredth part OF second
since the OF the Christian era and some
authorities fixed 1t at not oneffteenhundredth OF
q second In the same time. But Dr. Mayer calculated
theoretically from the influence OF the tidal wave that
in 2COo years the day has heightened onesxteenth OF
second provided the volume of the earth has remained
unchanged.
Mr. Proctor, In answer to my inquiry published In
THE TRIBUNE Of the Goth inst does not give the actual
lengthenng Of the day. but says that the earth at the
minutes Il quote from Tue TRIBUNE report.) But in
lecturer stated that the earth has actually lost the
last 1000 years nearly hour and quarter, and that
our day gthened In that time almost oneeighty
fourth part OF a second
Query Is great time piece about to redeem its
character in the next 1000 and 10 give more
Trustworthy results than has In the pasti SCoTUs,
Waterbury, Conn. Jan. a. 1874.
New-York tribune., 1874-01-29
BELLEVUE HOSPITAL.

The report of Warden Brennan OF Bellevue
Hospital has submitted to the Commissioners OF
Charities and Correction. The report presents an In
teresting review Of the number OF patients treated
during the past year. and suggests important changes
in the mode Of ventilation The report opens with de-
tailed account of the heavy expenses involved IN the
maintenance OF the Hospital Among the recommends
tions are those The construction OF elevator the
thorough renov alton OF the building and the substu
ton of for wood in the saircases and balconies
Tho folIowin summary Of the Hospitals work is
presented:
Admissions to the .hos pitai SOOt men. Ais; women
6.24 boys. 2O1 girls, ?2i Births natiy) g95 births
charged men, 2i76 women, 176i: boys, 206 girls. 19G
total 1856 or these there 1857 native and 29s9
foreign Deaths men, 49, women, $780, boys, 40; glrs
32 total native. 269 foreign, 6l9 During the year.
i88 women 5O56 children treated for throat
Diseases eye aud ear, 627 chest, 489 Digestion o225
nerves, 343; skin, 92s; other diseases, 1881.