davidaulloa/AmericanStories huggingface dataset:
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19
By Limitation, February oath, 1876.

A JOINT RESOLUTION, to ascertain the
| amount of taxes collected by the several
| Tax Collectors of the State, and for other
| purposes.
Be it resolved by the Legislature of the
| State of Mississippi, That the Auditor of Pub
| lie Accounts be authorised and required to
Immediately address a circular to the several
Tax Collectors of the State requiring them to
| report to him Immediately, under oath, the
following, viz First, the total amount of State
taxes collected by them their immediate
predecessors, up to the date of making such
report, for and on account of the fiscal year
1879, and the amount collected since the set
Element by such collectors of taxes of 1874
or any previous year. Second, what amount
of such collections has been paid into the State
Treasury. Third, what the amount is of de-
linquent personal tax for 1876, how much of
such delinquency will probably be collected
or before the first of March, the reasons
why so much is delinquent, and such other in
formation in relation thereto as the Auditor
may require. Fourth, what effort, if any
they are making to collect taxes on real es-
tate by the sale of personal property as re-
quired by law, and if the law requiring the
sale of personal properly for taxes on real es-
tate is not being complied with, to give the
Resolved, further, That any Tax Collector
who shall willfullv refuse neglect to COM
ply with the provisions of this resolution.
shall be fined not less than one hundred dol
lars, or imprisoned not exceeding thirty DAYS |
or both, at the discretion of the Court and NAV |
be removed from office.
Resolved. further, That this resolution be in |
force from and after Its passage
Approved, February 18th, 1876
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

preparation herein made shall only be paid
out on certificates of the Speaker and Clerk Of
upon approved certificates, issued by the re-
spective Chairman of the respective Commit
tees of Investigation.
Sec. g. Be it further enacted, That this act
take effect and be in force from and after its
passage.
Approved, February 25th, 1876.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19
Board of Supervisors of Je6erson
County VS.. Frank y. Alright.
No. 1884.

Opinion Of the Court by SIMRALL, j.
This was a mandamus suit brought bv
Alright, to compel the Board Of Superyi-
81. 100.
The warrant was issued on April aOth,
1874, to Patrick Murphy for the repair of a
bridge. The answer to the writ set up the
following defenses: Murphy entered Info
contract with sureties to keep the bridge
in repair for certain time. Afterwards
greatly damaged. Murphly and his sure
ties are insolvent. The Board claimed that
the consideration of the warrant had failed.
After the injury to the bridge, the Board
published notice to all persons not to pur-
chase the warrant. A forwards the Board was
garnished by creditor of Murphy, and in
that proceeding the title to the warrant was
being litigated, and the defense of the Board
against the claim was also involved In that
proceeding. On this answer the relator
made motion for a peremptory writ The
decision of the Circuit Court was for the
relatOr. Held:
l. On the facts stated in the answer, the
damages claimed arising out of the same
principles governing recoupment. If the
party holding the claim sued atlaw,. the
damages could be recouped.
/. IL. Or if the party could not bring an ao-
tion at law, the Board might proceed in
equity for surrender of the warrant, MUIR
phly and his sureties being insolvent.
Ill. Under 8222S, Code 1871, the failure of
having occurred before no.
Tense is available against the relator,
~. Without expressing an opinion as to
the proper remedy for the relatOr to pursue.
the Court held this particular remedy: The
action OF mandamus cannot be maintained.
m view of the facts of the case for the rea.
son that clear legal right must be shown.
% entitle relator to the peremptory writ.
N this case. his right is not only disputed
md placed in doubt, but the facts set up in
ne answer constituting good defense, are
omitted by the motion to he true. Re-
ersed and judgment here for plaintiT in en-
or.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

AN ACT to amend an Act entitled an Act to
provide for the removal OF disabilities of
minority, in all cases where a necessity ex-
lists, without legislation, approved April 9th,
1872
SECTION 1. Be it enacted by the Legislature
of the State of Mississippi, That an act enti-
tied " an act to provide for the removal of dis
abilities of minority, in all cases where neces-
sity exists, without legislation" approved
April 9Th, 1872, be and the same is hereby SO
amended that when any minor, desiring to
have his or her disabilities of minority re-
moved shall have no near kin resident in this
State, such minor may, by next friend, file his
| or her petition in the Chancery Court of the
county where such minor may reside, setting
| forth fully in such petition the reasons why
such removal of disabilities is desired, and
minor, resident in any other States, and also
| the postofice address of such next Of kin, if
the same be known; and upon the fling Of
| such petition, publication shall be made for
resident defendants in the thancery Courts;
Provided, that where there are no next of kin
known to such minor, no process publica-
| ton shall be required to be issued or made.
return term of such publication, or if no pub
| location is required to be made, then at the
first term of Court ten days after the filing Of
such petition, the Court may proceed to hear
submitted Herewith, and may make such or
der and decree therein as to the Court may
seem most advisable for the interest of the
minor; and a record of all such proceedings
of satellites; Provided, that no decree re-
moving the disabilities of any minor under
this act, shall be made unless the allegations
of the petition therefor be supported by the
testimony of at least two credible witnesses.
Sec. 3. Be it further enacted, That this act
shall take effect and be in force from and after
its passage.
Approved, February 18th, 1876.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

Opinion of the Court by SIMRALL, j.
The case was reviewed on its facts, no
question of law being involved. 1t was
held that the facts did not warrant a re>
versal. affirmed.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

AN ACT to defray the expenses Of the Com
mittees of Investigation of the House.
SECTION 1. Be it enacted by the Legislature
of the State of Mississippi, That the sum of
five thousand dollars ($5,6e0), or a suffioien-
cy thereof, be and the same is hereby appro-.
priated out of any money in the Treasury of
fray the necessary expenses of the Committees
Of Investigation heretofore appointed by the
House.
Sec. 2. Be it further enacted, That the an.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

AN ACT making an appropriation to defray
the expenses of the Judiciary Department.
of the State of Mississippi, That the sum of
twenty-one thousand dollars be and is hereby
appropriated out of any money in the Treasury,
not otherwise appropriated, to pay the sala-
ries of the Judicial officers of the State for the
months of January and February.
Sec. 2. Be it further enacted, That this act
take effect and be in force from and after its
passage.
Approved, February 18th, 1876.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19
AN ACT to provide for the temporary suspen
sion of Tax Assessments

SECTION l. Be it enacted bv the Legislature
of the State of Mississippi, That the Auditor
of Public Accounts is hereby instructed to
withhold from the several Tax Assessors of
the State, the field books and assessment rolls
for the fiscal year 1876, and all of such asses
sors are hereby required to postpone the as
sessment of taxes until the Revenue Laws
shall have been revised by the present Legis-
lature.
Sec. 2. Be it further enacted, That this act
take effect and be in force from and after its
passage, and shall remain in force until the
first Monday in March, 1876
By Limitation, February oath, 1876.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

AN ACT to repeal an Act entitled an Act to
amend Chapter II, Article 5, Section 1413, of
an Act in relation to habeas corpus, and for
other purposes.
SECTION l. Be it enacted by the Legislature
of the State of Mississippi, That an act emit
tied an act to amend Chapter IL, Article s.
Section 1413, of an act in relation to habeas
corpus approved, March ID, 1874, be and the
same is hereby repealed.
Sec. 2. Be it further enacted That in all
cases the Circuit Judge or Chancellor shall
make the writ of habeas corpus returnable be-
fore him at the county seat of the county
where the offense was alleged to have been
committed; Provided, that if at the time such
writ is made returnable the Circuit Judge or
Chancellor shall be holding the term of any call
such writ returnable at such place as he may
designate in his fat commanding such writ
Sec. 3. Be it further enacted, That this act
take effect and be in force from and after its
passage.
BIZ Limitation Eahruar,z 9th 1915
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19
MISSISSIPPI LEGISLATURE
sENATE-FoRTY-FoURTH DAY.

THURSDAY, February "A, 1876
Mr. President Stone in the Chair. Alb
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

AN ACT entitled an act to amend section 2211,
of the Revised Code of 1871, in relation to
the pay of militia.
SECTION l. Be it enacted by the Legislature
of the State of Mississippi, That section 2211,
of the Revised Code of 1871, be and the same
is hereby amended so as to read The pay of
the militia, when in active service, shall be
five cents per day, for officers and soldiers.
SEC. 2. Be it further enacted, That all acts
and parts of acts in conflict with this act, be
and the same are hereby repealed, and that
this act take effect and be in force from and
after its passage.
By Limitation, February 24th, 1876
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19

OF THE
STATE OF MISSISSIPPI
published By AUTHoRITY.l

A RESOLUTION proposing an amendment to
the Constitution Of the State of Missis-
sippi.
Resolved by the Legislature of the State of
Mississippi, two-thirds of each branch con-
curing therein, That the following articles
be proposed to the qualified electors of this
State, as an amendment to the Constitution of
this State, to be voted upon by them at the
next general election to be held in this State,
either for approval or rejection, which, if APP
proved by their vote, shall be valid as a part
of the said Constitution, namely:
ARTICLE XIV.
SECTION l. Sections eleven of article four,
and fourteen, fifteen, sixteen, seventeen and
eighteen, of article five of the Constitution of
this State, are hereby abrogated and annulled.
Sec. 2. The Senate shall choose a President
from among its members.
SEC. 3. When the office of Governor shall
become vacant by death or otherwise, the
President of the Senate shall possess the DOW
receive compensation as the Governor, during
the remainder of the term of Office of such
Governor.
When the Governor shall be absent from the
State, or unable, from protracted illness, to
perform the duties of his Office, the President
of the Senate shall discharge the duties of
said office, and receive said compensation, I'M
til the Governor be able to resume his duties !;
but if, from disability or otherwise. the Presi-
dent of the Senate shall be incapable of per-
forming said duties, or if he be absent from
the State, or if there be no President of the
Senate, then the Speaker of the House of Rep
resentatives shall assume the Office of Gov
ernor and perform said duties, and receive
the same compensation as the Governor; and
GERS to discharge the duties of Governor, the
Secretary of State shall convene the Sen
ate to elect President, who shall assume
the Office of Governor, and discharge the du-
ties and receive the compensation thereof.
By Limitation, February 24th, 1876.
The Canton mail. [volume] (Canton, Miss.) 18??-1882, 1876-02-19
SUPREME COURT OF MISSISSIPPI.

Approved, February 23d, 1876.
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30
Locomotive VS.. Elephant.

The sea-serpent of American waters
has "a rival in the gigantic octopus of the
Indian Ocean, which the other day drag
ged down under water a schooner in full
sail, the captain of which presumed to
fire at the floating monster. But the
latest anecdOre from India, though SELL
sational enough. is thoroughly credible.
1t resembles closely an accident which Is
well known to have occurred several
wears ago, when the railway from Madras
to Shoranore. OH the Malbar coast, was
first opened out for regular traffic, This
time. however, the scene is laid in Il rail-
way i'm India. AS train was proceeding
at fair speed the engine driver noticed
herd of elephants advancing toward
him along the line. He Immediately
sounded the whistle and his assistant put
OH the brake. In an instant. however,
they were into the herd. The leading ele-
phant, huge tusker, was apparently on
ly enraged by the whistle, and charged
the advancing train. There was ire
mendous concussion, the elephant was
Knocked off to one side, mutilated and
writhing, and the train, after series of
violent iolts which nearly threw it eff the
line. came to standstill against the
bodies of two other animals of the herd.
There was not Il great deal of damage
done. but the passengers were much
frightened. and the engine was consider
ably battered about the front The tusker
was despatched by an English gentleman
who was travelling OH the train, and his
tusks secured, after which the train pro-
ceeded OIL its journey. The remainder OF
the herd scampererl away, and turned
when about mile Off on a knoll, looking
in dazed, stupid kind Of way at the
train as it moved of.
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30

had been fatal or not. If it had been IA
tai, then l would return to town. go to
the sheriff of the county. tell him all
about it, and give myself up; that seemed
the right and best thing to 90.
No one was stirring as led out my
horse and mounted him. The sun had
not vet risen. and / remember feeling
Glad that il had not. 1 did not see how
e conld be wrong for me to defend that
which had been put in my charge, and
vet as [ rode out of town [ felt as
weighed down in spirits as it seemed pos
sible fer really guilty man to feel.
As neared the fatal spot, relned my
horse to a walk. In moment more I
should know if the stain of blood Was on
my hands. dreaded to see the still
form that fully expected to find lying
IN the road, but at length [ gave the
horse the word and passed around the
corner.
Yes there was the spot, but the road
was clear before me: that was great re-
lief. The next moment l raised my eyes,
and peal of laughter rang from my lips
that might have been heared for half mile
round.
There by the roadside stood the stump
of an old tree with one lifeless limb
stretched out and pointing down the
road. There indeed was my robber, the
victim of my maiden shot that had caused
me so much misery for the past ten
hours. 1t was some comfort in the
midst OF my laugh against myself to find
that my aim was good, for there in the
tree was the fresh mark of my bullet.
That rode back to town with light
heart, need hardly say. neither need
myself; but at last it leaked out, and the
story OF the bOOk-keeper's robber became
as well known i'm that region as it is now
to yOu.-JOhn n. Emery.
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30

MORTGAGE SALE-Default having baan
WI made in the conditions OF a certain mortoage
bearing date July lSth.A. ID. S72 made and executed
py James OConnors, OF hebOygan village, Cheboy
gan county, State OF Michigan to Clark j. Whitney
ana 20 or The city of Detroit, Wayne county Stale
OF Michigan: I'D recorded in the office of the Rec.
ister OF Deeds for Cheboygan county, Michigan. in
inS Vi mortgages on pages loo and l01 on the
iStu udy OF July, \. ID 1872, upon which mortgage
ere Is claimed to be due to the said lark j. Whit.
ney ana Co; at the date hereof the sum of tour
nund.ed ana hftyfve l2-100 1856 121OO dollars for
principal and interest, together with AN attorney fe,
OF my 1901 dollars provided for in said mortgage.
shouid any proceed gs be taken to foreclose the
same. And no proceedings having been taken
either In law or equity TO recover the amount dine
ON said mortgage Therefore, notice is hereby
gwen that by virtue of the power of sale iu said
mortgage contained, and of the statutes l., such
cases made and provided. on Monday the ootb dax,
OF November, A. ID. 1876 at 10 O'clock i'm the for..
noon OF mat day. at the ront door of the court house
III tne village and county of Cheboygan and State of
;cnisan, unat being the building in which the
circuit court Tor he county of Chebeygan is heidi
there WI be sold at public auction to the hi hest
olud T. the premises described in said mortpaoe
vr 80 nucn tnereof as may be necessary to satisfy
'.e amount Inen due upon said mortgage for prin-
clpa, interests and costs and expenses allowed b,,
law, together with said attorney fee of $40 Said
premises being described as 70 lows to-wlt all that
certain piece or parcel of land ing the town of
Benton, county of Cheboygan. and State of M,cb;
gan, described as follows, viz: commencing at a
stase the northwest corner of Pc err Paou,n,s land
~. rInVe i'i IL u hwesterly line along the line of
hird street. continuation of the street so called
IN the village OF Cheboygan. four rods to tw, rod
street, lhence at right angles with Third street run
running In southwestIy direction along the line of
SAID two-rod street to the land of Backus thence
aong Ihe line OF H. Backns' land In a southeaster
direction four rods. 10 the land of Peter Paouin
place of beginning. 'A0 w 'ne
Dated August %, A. d. 1870
CLARK j. WHITNEY AND CO..
c.o ny Mortgages.
7-l3t 'e"se0''
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30

| M ORTGAGE SALE-Detaulr bev;,r ho.r
- III Tue 10 the conditions of a certain Inden-
t nue Oh mortgage bearing da.e The 18th dav OF
| december: a. ID. 1872. made an execni,.d nv
Angus Mckay. OF Cheboy gan Chebovasn ,o,,,''
Michsan tow ashington /. Mllliken. al the :, me
ace; 10 secure r the payment of four hundred
ah, ninety S4Jo w DOLLARS, which said mortp age
vs. recorded In The Office OF the neeisiar o. ,,a,S
| Tor SAID county of Cheboygan in / iber r of
,To9gages on pag.s 100 and l7O,and said mortgaee
assigned by The said Washington 7 M,IJ;I,m ~" -,
Robert Patterson, which said assignment i 70.
cofde In The Oil OF the Register OF |, te,,s for
cages, on u page Se0oys s7 In Liber Ct Mort
gaze and rhe note accomnavinq mo ,ho
same, there is now due ami nnn,,d
, io Sum 81 ,6 owo hundred and iorty-ve and So
rot-t Oz-iOUl oiiars, and interest ON the same
from the lst day of July. A. ID. 1874. at the rat,
vi Ten per cent, per annum, together WITH an
zee OF nIty 1901 dollars, provided for in
sal mortgage. should any PROCEEDINGS he t.ten
10 foreclose the same, and no prOceedingS ham,
oeen taken eitrer in law or in equity to recov.1
,slu y. ortsaee debt or any part thereof now.
tneIeIorc, Dy virtue ut the power of sale IN sa,d
mortgage contained, and by virtue of the statntes
In sucn case made and provided. notice is hereby
EVEN I In on Iuesaay. the 18th dav of November
q. D. 1915, at two O'Clock IN the aftern,on Of and
day. at the front door Of the court houSe in ,ha
village OF Cheboygan, Cheboygan conntv Wicbi
gan, ltnat ".lng The place for holding the circuit
Gourt LOT SAID unity. there will be sold AT IN
Tic action, 10 the highest bidder. the nrem,ses
nescriot u In sali mortgage, or so much thereof
as may oe necessary To satisfy the amount due
upon said note AMI mortgage for l,rIncinai a. q
IN crest. tgether with the C, SITS and expenses of
sale, ana The attorney fee pro ided for i'm said
mortgage, said premises being described as
follows, to-wit: all that certain piece or Marcel
OF land situate in the village IF Cheboypan.
county OF Oheboygan, and state of Michigan. and
nescrioed as follows, wit: commencnv AZ tho
northeast corner of lot number tw entv-five t1s,
oil CheOoygan village, according To what is com
monty kn"wn'as JACOB Sammons' PLAT thereof:
Ineice runhir westerly along the nOrtherly srie
OF said lot twenty 5) the whole lengrb
iot tnehce- no'iherly at right angles two 2 rds.
Thence -terlv IN line parallel with said lol
numioer twenty -hve iz3l TO Main street, thence
rods, 10 the place of beginning. "
Kobe AITERSON. Assignee.
s LIT
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30
Where is Donaldson ?

Certain newspapers are discussing the
question whether Donaldson, The aero
naut, whose destruction with the report
er who accompanied him went the rounds
some time since. is really dead or not
The negative theory is that in the course
of their flight over lake Michigan. the
storm threatened the destruction Of the
balloon and all with it; and that i'm order
to save himself, Donaldson seized and
hurled the reporter, whose body was
found, from the balloon into the lake, and
that he himself made good his escape;
and that i'm order to avoid the consequent
ces of his crime he destroyed his balloon
and has remained in hiding ever since.
To support this theory they cite the fact
that though the body Of the reporter, his
notebook, etc., Were readily found, neith-
er the balloon nor the ballOOnist was ev-
er discovered or heard from. Also, that
Donaldson was engaged to be married to
young lady who has inadvertently adj
mitted having received a letter from MIN
long subsequent to the time of his sup
posed death. Now that is one of those
things no fellow can find out, unless
Donaldson comes back and testifies on
the subject.-Cincinndi Star.
Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1876-09-30
The Oldest Commissioned Officer i'm
the World.

On the 18th of August last Marshal
Won Wrangel celebrated the 80th ami
versary Of the day on which he received
his first commission i'm the Prussian army.
In 1875 friedrich William LII. was King.
his famous uncle had been dead about 10
years, General Bonaparte had Just
achieved European fame by his first
Italian campaign. and Washington was
President of the United States; Jena was
still 10 years off. and Waterloo -. In
the interval Prussia was to be reduced
to Il third-rate state. her army limited to
$4,000 men. and French Emperor was
to take away the sword of Friedrich the
Great ''from the keeping of a nation un.
worthy to retain it, These gloomy days
passed away; but Wrangel was to live in
another age of troubles-tO see.a PrussiaT
revolution, friedrich William Nv. refus-
ing the imperial crown of Germany, and
a new French empire menacing the unity
of the fatherland. Finally he has leveG
to hear the great events of 1901. The
| life of the veteran has extended over
more than halfthe duration OF the Prus
sian monarchy, which is not yet 176 years
old. In his early youth he might have
cOnversed with u survivor of the wars O
Marlborough, and even listened to anec
dOtes by an eye-witnes of friedrich L.;
coronation.