, 1874-03-19


work. ..---------r
WASHINGTON, D. c., March 10. In
the United States Supreme Court. Oie-
gon sSteam Navigation Company VS..
Winsor, ct. al, in error from the Su-
preme Court of Washington Territory,
plaintiff in error sued to recover $75, GOO
rs stipulated damages for an alleged
breach of covenant, averment being
that in May, 1864, California Steam
Navigation Company, engaged in trans
portation of freight and passengers on
waters of that State, sold to plaintiff
steamer New World for the sum in ques
ton, and for the further consideration
of covenant whereby plaintiff agreed
not to run or employ steamer, or suffer
it to run or employ, on any routes OF
streams or rivers, bays or waters Of
California, for period Of ten years,
with penalty of $4,000 for breach of
covenant ~ = -.Sf0 ,Nf~y>f
The Court held the covenant to be in
restraint of trade and imposing unrea
seonable restrictions and therefore void.
This decision is assigned as error in this
court, the plaintiff in error maintaining
that such partial restraint as this case
presents is grounded upon valid con.
sideraiion and is not open to the objec-
lions sustained against it. The cause
was argued by G. Il. Williams tor plain.
tiff in error and by B. F. Dennison for
defendent.
i WASHINGTON, March 11.-Yesterday
in the Senate, Senator Sumner had a
slight attack affecting the nerves of the
heart; but when he returned home he
was sufficiently we'll to entertain kis
fiends at dinier, at the close of which
he made allusion to the condition of his
heart. Between nine and ten he was
taken so sick as to require the attendance
of a physician. An hour or more after
ne had a second attack of his old disease,
angina pectoris. Several Of his nearest
personal friends were sent for and re-
manned with him during the night. He
passed quiet night under sub-cutan-
eous injection of morphine. This
morning, at 9 o'clock he was sleeping
Il, Az nAfoot, &c - xr;fbo,,f ~,akorio1
change. Surgeon General Barnes and
DIS. johnson and Lincoln were at that
hour in consultation at the residence of
the Senator. At - A.. Sumner was fast
failing. In addition to his physicians,
Senator Schurz and Representatives
Pierce and Howard were with him. DR..
Brown Sequard has been telegraphed
for and is on his way to the city. At 2
P. M. Senator Summer was still sleeping,
though at intervals he would awaken, at
which times he was in great pain. He
is perfectly conscious when awake, knew
all his friends, occasionally rallying to
the effort of saying few words to them.
3P. Ex-senator Summer has just died.
CoNcoRD, March 11.-Returns from
152 towns show an aggregate Of 56,093;
McCutchins {Rep.A, H.003; Weston,
Dem.) }, 27, ,496; Blackner (Prohibition-
ist), 1,614 There are so towns to hear
from and Weston may not overcome the
present majority against him. Council
will probably stand, Republicans 8; Dem
ocrats, 2;lThe Senate will probably be a
tie, and the house will be very close, the
political complexion depending on the
towns that hold elections to-day.
NEW YORK. March ia letter from
Havana says the city is filled with vol
anteers, who are daily departing for the
seat Of war. Each receives 800 from
the Government on entering the bar
racks, and has $500 deposited to his
credit in the bank, subject to the order
OF himself OF his heir. at the end of SIX
months service. All look well and IL
marked contrast with the militia, who
received but $40.
Boston, March u.-Oliver Ames was
to-day chosen President and E. P. Roi-
Inns Secretary OF the Union Pacific Z
R. Co. AYO 81
SAN FnANc1soo, March 11.-Celebrat-
ed actress, Miss Nelson. made her first
appearance in the State of California
last night as Juliet. The house was
large and she was warmly received
The preliniinaries for the racs between
Joe Daniels and Thad Stevens not yet