The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1874-02-26
HrLLsBoRo. O.. February 10.

HnLsBoRo, O., February 19.
Judge Stafford, in opening, urged
that the case had assumed Fictitious
Importance. Under ordinary cir
cumstances it could have been de-
cided within two hours, without an
exhibition of indecorous or unseemly
feeling He reminded the Court that
it was not sitting in law, subject to
its rigid rules, but as court of
equity. The positive and absolute
rules of law were here out of place.
The code practically obliges party
to elect his remedy. If, however,
it appeared that his remedy is at law,
he can amend without prejudice.
A court of equity will not interfere in
a mere case of trespass, but upon re-
peated trespass it will do So, and
rightfully. Singing and praying are
not per Sc actionable, but these ac-
tions repeated with the intent to de-
stroy legitimate business are &C
tionable, and constitute a nuisance
which may be properly abated. The
legal distinctions between actions IN
persona and actions IN rena should
be observed. It is not specially of
the person we complain, but of the
acts of the parties. The differences
in chancery are against the defend
ants and in favor of the plaintiff.
Judge Stafford here quoted case in
the U. S. Supreme Court.
Mr.. Thompson-"Oh that's only
Florida law"
Saford-"Yes, sir; and Florida
law, when correct in principles, is as
good as Ohio law. As to community
of interests between the plaintiffs,
Johnson and Dunn, he thought there
was no doubt of that
The Court intimated that counsel
might omit argument on that point,
and asked argument on the question
of the effect upon the temporary in
junction of the misjoinder of John
son. s-.
This Interpolation discoipcerted
Mr.. Stafford, and he went off into a
personal defense of himself. He was
fifty-three years old to-day, and had
never been drunk in his life, He,
was a member in good standing of
the Episcopal Church. He pitched
into Mr.. Williams for his proclamation
of Coronation" "Bring forth the
royal demi john, and let him sell it
all" and pronounced it sacrilege
This might be of use in wrongfully
influencing public opinion, but he
was at a loss to know how it could af-
feet court of law, unless through
the pressure of public opinion.
He quoted the Code to show that
if party was misjoined, a right to
amend was given without vitiating
the original proceedings The griev-
ance here was that this was hui
sance. There was no doubt that this
was trespass, and continuous tres
pass amounts to nuisance Many
authorities were cited by the speaker
in support of this proposition. These
trespasses were cumulative. Where
in all history is seen such q subver-
sion of private rights to effect q NOR
al reform? Is it according to the re-
igion of Christ that you should force
this thing through? =? Does Christian
ity recognize coercion as one of the
forces to be employed? The ladies
could not drive man into anything
but hypocrisy. These ladies started
out right, but they had had bad ad-
visers, men whose province it is to
stir up strife. Hillsboro has an ex-
ceptionally good society. It is dis
tressing that that society should be
tackled to the car of Boston quack"
for has profit. A whirlwind has been
raised, and the powers that brought
it into existence cannot control it.
This movement has disturbed the
peace and good order of society.
This village has become q village of
liars and slanderers. Bitter feelings
have been engendered. AS Chancel-
lor he had issued the order of injunc-
ton in the full belief that he was do
ing the best thing for the best in
terests of society. The bad men
who had misled the ladies and ma
igned good and true men should be
made to take their normal, insignif-
can't place in the community. The
day would yet come, its dawn is at
hand, when he should have the thanks
Of these ladies for interfering to pre-
vent their doing an Illegal act. This
injury is irreparable, because peace of
mind, quiet, repose, and the enjoy
nent OF our personal rights cannot
De compensated pecuniarily. All the
people must understand that the laws
should be obeyed, and that they can
1ot under the influence of popular
overrule the law of the
and. Whoever built that ''shanty"
s liable to heavy fine under the
statute. The jurisdiction of the Chan {
first very imited-has by l
he progress of civilization been en- {
arged until it is now SO complete
IS to afford relief in almost every :
ase of grievance Under the t
Jode actions at law and in equity s
nay be concurrent. The one c
loes not exclude the other. In this q