davidaulloa/AmericanStories huggingface dataset:
Ottumwa weekly courier., 1877-02-21

surate with the duties and functions
which it has to perforlnp And il il
is not true, the one main fact which
1t has to perform is to ascertain who
are the electors to declare that fact
and can it be said that If that board
mistakes the law ON some points while
discharging that function, that that
mistake is 80 jurisdictional as to viii
ate its return?
Trumbull-No, sir. l don't con-
tend for that.
Justice Miller-Then my suggestion
is that the jurisdiction of that board
is to ascertain and declare who were
elected, and that all below that is the
exercise of the means and the mode
Of procedure.
Trumbull-To that I cannot quite
assent. assent entirely to the prop.
Osition that in any matter over which
this board has jurisdiction and dis.
cretion to act, its judgment is not to
be disturbed. The point which !
make is that while it is its duty to
canvass and complete the vote, it is
also its sworn duty not to take iuris-
diction of the question of rejecting
votes unless foundation is laid for it.
Trumbull next argued that it was not
competent for four person to act.
Senator Edmunds-Your point il
that no steps could be taken by the
returning board until the board was
full?
Trumbnll-No step could be taken
until the board was full, they having
authority to fill II. Possibly a differ.
ent rule might apply If they had NOT
the power to fill vacancies; but the
power being there, and the constitu.
ent elements of which this returning
board being required to consist o1
persons Of different political parties
insist that the board could not gc
on without filing up the vacancies.
The presiding justice notified Trum.
bull that his time had expired, but in
consideration of the various inter.
ruptions, further time was accorded
him, which he used in presenting OBJ
jections to the electoral votes OF
Brewster and Levissee, who held fed.
tion.
Justice Bradley-Do you intend to
prove that they were federal office.
holders when elected?
Trumbull-Yes.
Justice Bradley-And that they
were otiice-holders when they voted
Trumbull-No. i understand tha
the proof will show that Brcwstel
rendered his resignation ON the 4th O
November, that it was accepted OF
the 10th, and very singularly It wa
Ottumwa weekly courier., 1877-02-21
i III II M -.
$l,50 PER YEAR IN ADVANCE.

$500 at the end ~ Six m0mths.
Address j. M. HEDRICK & co.
Ottumwa weekly courier., 1877-02-21


is recognized by proper constitution
al authority, and its decision is bind
ing on every department of the gov
ernment and could not be questioned
in any judicial tribunal
Shellabarger next argued that the
returning board was legal body.
and that the electors objected to were
not ineligible. II come now,' said
counsel, "to the real question in this
case, and really the only question
there is, and that one is decided by
what you have just decided in the
case of Florida, and that is whether
or not it is competent for you to go
behind the action Of the returning
board of Louisiana for the purpose
of finding out what happened in its
exercise Of the Jurisdiction bestowed
by the statute. Upon the threshold
of this question want to say that
when we deny the power Of going
behind the finding Of that board, we
arc thereby covering up frauds or
seeking to escape scrutiny, 1 submit
that It is unnfterbly unjust. 1t
has not even the semblance of
loAuCoS Au H. ~ Ill UcCOIuCS
my friend to talk to us about
this being an attempt to put a
man into the presidency Of the
United States by fraud. We hear
them saying that the enforcement of
the legislative, the executive and the
judicial power is complete, and that
congress could not exercise judicial
powers, and the very next moment
the counsel says: "Oh, yes, you have
all judicial powers, can do something
that q quo Uayrant0 can do, and be-
cause quo scayrdat0 can try this
thing you can try it !" then, in another
case, we find these gentlemen cominR Z
up and saying, "Oh, Mr.. kellogg l.
governor of Louisiana, and therefore
he is no elector," and then, the ncxl
moment you have them coming for.
ward and saying, ooh, he is no officer
at all, he is not governor Of Louis.
lana, but McEnery is." l now con-
clude this argument by an allusion to
what has been the weight and the
burden on the other side. 1t is in re-
gard to this alleged outrage in the
state Of Louisiana. Why, gentlemen,
can you shut your eyes to what is
now, if.not the saddest, certainly one
Of the saddest chapters in American
lhistory3 BY actual count through
Ottumwa weekly courier., 1877-02-21


ed the board to do whatever wal
done, which might not be the case.
Evarts said he could not know that
but he was following the argument Of
O'Conor in that case. O'ConOr had
not denied that if the inquiry was OK.
tended to the acts Of the returning
board, it could go to every poll. II
the work couldn't be done thorough
ly, it had better be left undone. Sup
pose it had been provided that thu
Governor was the person to cast the
electoral vote, would this commission
inquire into the mode by which tha,
Governor was elected, or whether he
was conspirator 1t was enough te
know that he was Governor of the
state. Evarts closed with an carnes
defense of the blacks of Louisiana
saying that it was proposed to make
them the victim Of a constitution fol
a constitution that gave them the gif
of suffrage, and they were now to bt
slaughtered for having it in theil
possession. Evarts closed at l 10, and
occupied all the time allotted to hi!
side, and on motion of Thurman, tn,
commission took recess.
After recess Judge Clifford an
nounced that the Republican sidt
had consumed its time and that tw,
and one-half hours remained to tn
other side.
Judge Campbell then proceeded t
close for the defense. He said he di,
not understand that Presidentia
electors owed their existence to til,
constitution of any state, but they do
rived their power from the people o.
the United States, which were United
States under confederation and be.
fore the Constitution was adopted
which was in its own language "tt
form more perfect Union"
Campbell argued that the Commits
sion had power to deal with the Ger.
tificate of the Returning Board and
power to look into every act Of The
Legislature, and if the Legislature
contravenes the fundamental princi
Piles that lie at tho foundation oi
American liberties. they should re.
ject the votes. While the learned
gentleman was speaking, said Camp
bell,I drew up an imaginary act O
the Legislature of Louisiana as al
illustration of his argument and t,
enable me to put the case fairly be
Ottumwa weekly courier., 1877-02-21

|
to each side for their arguments, and
that the commission would commence
at five and sit until nine o'clock this
evening.
When the commission again as
sembled, at five o'clock, ex-senator
Carpenter arose and said: If the
court please, to relieve some little
anxiety that exists in some parts of
the country, let me occupy one mo-
ment in stating for whom l appear
here. desire to say in the first
place that do not appear for Samuel
j. Tilden. He is q gentleman whose
acquaintance l am not honored with,
for whom have no sympathy, and
against whomI voted, and if this tri-
bunal could order new trial should
vote against him again, believing as
l do, that the accession Of the demo-
cratic party to power in this country
to-day would be the greatest calamity
that could befall the people except
one, and that one great calamity
would be to keep him out by fraud
and falsehood. Carpenter said he
appeared for ten thousand legal
voters of Louisiana who were disfran-
chished by four villains, whose Off
cial title is the returning board Of
Louisiana, and continued as follows /:
Upon the very basis of the bill Great
ing this tribunal, your decisions are
to be reported to both houses of Con-
grcss, and the two houses Of Con-
gress may set them aside. There is
an end then of saying that this tribu-
nal is exercising judicial power, or
that, whether You decide that the
vote shall be counted for Hayes or
Tilden, that decision precludes the
question between these two. 1t does
not (; 1t can not. limo possible aspect
of the case can it be maintained that
this tribunal is anything on earth but
q legislative committee of invcstiga-
tion.
At this point Justice Bradley in-
terrupted FL do not think there is a
difference of opinion on that point.
1t Is tho universal theory, SO far as
am informed, that the powers of this
commission extend so far, and so far
only, as the power Of tho two houses
of congress.
An unimportant discussion then
followed, after which Carpenter quot
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

TIE THEATRE.-The circus showed its in
fluence at the Theatre last night. The au-
dience, though not small, was what might
be called little meagre. !"The Phenix," !"
nevertheless, was reproduced with splendid
effect. Mr.. Milton Mobiles, not discouraged,
acted with the same elan characteristic OF
the role he personated. In the prologue he
pictured the newspaper Bohemian In all bis
glory, and continued the conception OF the
part throughout the play. As Jim Bledsoe,
that sprung from the ashes OF Carroll
Graves, he was the easy "fdon't-care-a-cent
sort of fellow" one meets now and then,
and in the gambling hell he excited
the gallery to highest possible en-
thusiasm. Mr.. Maddox, as " Leslie
Blackburn" though little stiff and
apparently little grum to some, was, con-
sidering the Villains part he took, OCCASION
ally greeted with applause. "3Ioses Solo
MONS" Mr.. Alonzo Scharwtz, is an excel
lent comedian, and pleased everybody. He
did little more than was necessary. The
ladies are good-pardon us for not saying
very good, as it is our custom to say "place
a,l1 Danes" Miss Burt as-the Flower
Girl Sadie" 4" was quite piquante; but Miss
Kate Tilston as 'Katie Moran - was alto
gether the typical American soubrette.
"The Phoenix" will be given for the last
time tonight.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

GEORGE RIGSoLD IN ALoNE.-To-morrow
night NIr. George Rignold, who, it will be
remembered, made sensation in Richmond
last year in Henry ", will appear at the
Theatre as Colonel Challicein Alone. Colo
mel Challice is an old soldier, who is made
stern and misanthropic by what he believes
to be the heartless and disreputable conduct
of his daughter. Through forged letters he
is led to believe that his daughter has made
a dlsgraceiul elopement from her school,
and he refuses to see her. Soon after this
he is stricken with blindness, and, all help
less as he is, he relents not toward his
daughter. She, innocent OF all blame, and
the victim OF q plot, seeks her father under
false name, and tends him lovingly in his
affliction. The tangled chain Of events by
which the cruel wrong and suspicion are
cast upon the daughter at last is unwound
and the child returned to the love OF the
father. Mr.. Rignold is represented as acting
the blind old soldier with simple dignity
that is truly pathetic; the quick, irascible
temper, the pride and sternness, and yet the
undcrcurrcnt Of sweetness and noblencsS,
are fine touches Of nature.
Reserved seats may be had at Johnston's.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

YOUNG MEMS CHRISTIAN ASSOCIATION
At the last meeting Of the directory OF this
Association it was resolved that the men,
bers of the directory should make an earn
'est personal appeal to our citizens gene
rally to aid them. The President has az,
pointed the following committees, who will
wait on the friends Of this great cause du-
ring the next few days and solicit subserip-
tions to meet their indebtedness, so as to
commence the fiscal year free OF debt:
Broad street: T. Fl. Elicit, W. Fletcher
Richardson, w. G. Mayo.
Cary street: f. H. Deane, James Gordon,
John P. Branch.
Main street east of Twelfth: Colonel W.
P. NIunford, j. w. CEingan, Colonel j. b.
Cary.
Main street west Of Twelfth: j. Taylor
Ellyson, Charles p. Rady, j. Booton Hill.
This noble Christian institution, no doubt,
has the hearty sympathy Of the entire COM
munity, and the appeal will doubtless meet
with a response that will place the Associa-
tion in a position to fulfil its important
work in our midst.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24
U1HE DUNCAN MEMORIAL.
TO THE METHODIST PUBLIC AND The PER:
: SONAL FRIENDS AND ADMIRERS OF The
rL, DL'V ItMES A DIINcAN, ID. ID, tss.

TO THE METHODIST PUBLIC And THE rEK. i,
SONAL FRIENDS AND ADMIRERS OF The
LATE REV. JAMES 4. DUNCAN, u. ":
II is believed to he the desire OF the Metifogsts,
aud many others within fhe oonhus Oh DE I"n ld
AVID admirers in other sections OF The country that
tana shoud bc taken to provide some public i6eg
rta} oY the Rey. JAMES a. DUNCAN, ID. d.. Ces
ceased. late q member Of the Virginia Confee nee
Sethodist Episcopal church South, and President
Of Randolph. Macon College, Virginia;
I'm RESPONSE 10 this sentiment, and IN ordef 10 Sc
cure prompt and united action and The speedy &C
compiishment OF the object contemplated. the Slc.
thodist rfuisierst and number OF the teadinS NE
thodist Iaynen or She cities or Ricbn9nd ana MAu
chester Va, have formed an organizatton 70 20
a was deemed at that the inissive should be taken
here where repOse hts mortal remains, and Wnsre
arcai norton OF his public HE was spent. But u
was the design Of those who have 1uargurateu taas
movement that the organization which 1ls peea
cifersed should embrace ali who desire TO share In
most afectionateiy and earnestly invite ths Il
rsfion of all everywhere who WISH TO take a
ihe proposed tribute to the memory Oh our Rova
artst o,Ir loved and lanented brotner ,,,,.,,,,.
The plan is 10 raise. by voluntary sonSlo1nSnsss ~
the sum OF not less than fiyE
out of which will be procured Sai.nDc tks
be placed over the gIass q for the Sens OF his
remainder 70 De approPFialeo AoA Wy. s5gssSst
- those who desire 10 aid in thls s
SorSarS their contributions witb2nnss
amounts large or snialL viii pe e,i sof
.nd da. y. S sss @
os sEIVasSm ..ncas sSonid be made 10 WILLlAS -:
,,f s IN srcas,irer OF che DUNCAN MoaoasSf
hssociATIoS,l esss MAID ssrsss pss.iSeni.
RIcnMoap, Va, oc'ooss iS' ''' 'e 9 % aA.lts
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24
The Presidential Visit.
MEETING OF THE COMMITTEE OF ARRANGE
MENTs-A PARTIAL PROGRAMME AGREED

NJ
MENTs-A PARTIAL PROGRAMME AGREED
UPON, &C., &c. So .@'."
A meeting Of the general committee ap-
pointed to make arringements lof receiving
president HAYES in Richmond was held yes
terday morning. Present: Judge Meredith
lin the chair\. General Joseph r. Anderson,
r r.. Whitlock. w. H.: Scott, a. r. Court
ney. J. A, Curtis, John 81. Guy, L. L. Bass,
F.. o. N0lting, Franklin Stearns, ii. &,
Cannon, and S. FL. Pulliam. .
The following is o complete list OF the
committee of reception: Hon. William c.
Darlington, Mayor; Judge j. A. Meredith.
President Board OF Aldermen; General
Joseph r. Anderson, President Common
Council; John Fl. Guy, John A. Curtis,
Samuel ii. PuIliam, r. H. Whitlock, from
the Common Council; lucian l.. Bass, II.
G.. Cannon, C. L. Todd, William Il. Scott,
from the Board OF Aldermen; Franklin
Stearns. E. o. Melting, a. R. Courtney,
from the Board Of Public Interests. Mar
shals: General Peyton Wise, chief; Captain
r., T.. Bass, James B. Pace, and Lewis d.
Crenshaw, Jr.. assistant marshalS.
The presidential party, consisting OF Mr..
md Mrs, HAYES, and members OF the Cabi-
not will reach Richmond on Tuesday, Oc-
tober 3Oth, between and 4 O'Clock P. NJ,
on special train furnished by the Rich
mond, Fredericksburg and Potomac Rail-
road Company.
The train will stop at the crossing on
Franklin street, where the visitors will be
met bv the committee, the military, city
officials, city organizations, and citizens
generally. and q procession OF escort will be
formed by Chief-Marshal Peyton. Wise.
The procession will consist Of the First
Virginia regiment and other military organ
| izations, the fire brigade, and private citi-
zens. After the line is formed the process
sion will move down Franklin street to
Fifth, Fifth to Grace, Grace to Ninth, Ninth
| TO Main, and then down Main to the EX-
change Hotel There the President will be
received with welcoming addresses by the
Mayor and the President OF the Board OF
of Aldermen, Judge Meredith. Mr.. Hayes
will respond, and there will probably be re-
sponses by other gentlemen in the preslden,,
tial party. Then the escort and crowd will
be dismissed, and the visitors will retire to
their private quarters.
The programme for Wednesday and
Thursday has not been fully agreed upon.
The visitors, however, will attend the Far
on both Of these days, besides inspect places
Of interest about the city. The Westmore'
| land Club will have the honor OF entertain
ing the party, and the committee Will pro-
badly fix Wednesday for such entertain
ment.
The subcommittee adjourned to meet to.
day at II o'clock, when the programme VIII
be completed.
The Governor will take part in the cerc'
monies OF the occusion, but all Of the details
for Wednesday and Thursday were LETT un-
settled.
Tho visitors will leave the city for Wash
ington Thursday evening.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24
WEATHER REPORT.

INDICAf1oSs FOR To-DAY.-For the Mid
die Atlantic States, warmer, clear, or partly
cloudy weather, southcrIy winds, and nearly
stationary pressure. .sss :.
For the South Atlantic and East Gull
States, warmer, clear, or partly cloudy Wea'
ther, light, variable winds, mostly from the
north, and nearly stationary pressure.
For the West Gulf States, Tennessee, and
the Ohio Valley, and the Upper Mississippi
and Lower Missouri Valleys, clear, partly
cloudy weather, southerly winds. stationary
or lower pressure, and stationary or higher
temperature.
THE WEATHER YESTERDAY was clear ana
cool.
THERMOMETER YESTERDAY g A. NJ, 45;
0 A. NJ, So; noon, TO-; P. NJ, y; L.
M., 80 midnight, 50.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24
A Card.

I entered the race for seat in the House
OF Delegates subject to the decision OF the
primary election. The election was fairly
conducted, and I was defeated. shall
therefore work earnestly for the election OF
the successful candidates, and I sincerely
desire and believe that my friends and sup
porters, to whom I feel under the most pro.
found obligations, will unite with me in
aiding to elect to the House Of Delegates
the five excellent gentlemen who, in a
strictly and highly honorable contest, bore
off the palm OF victory. A. S. MCRAE.
Richmond, October go, 1877.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

FIRE IN ROCKETS LAST NIGHT.-About
7:45 o'clock last evening an alarm OF fire
was turned in at Station So, situated in the
lower part OF Rockets, and about ten min
utes later O second alarm was sounded from
the same box. The alarm was occasioned
by the partial burning of Samuel Boltz's
brick grocery-store and dwelling, located
at the corner Of Williamsburg avenue and
Orleans street. The fire is supposed to
have originated from an oil-lamp which was
left on the stairway in the rear part OF the
store. The flames made slow progress, thus
enabling the freinen to subdue them before
the building was entirely consumed.
Mr.. Boltz succeeded in removing most OF
his furniture and some Of his stock before
the department arrived. Company Fs
steamer, with their hose and the hose Of
Company A, were brought into requisition
and water pumped from an old pond near
the brick-yard; but the engine soon became
closged with mud, and had to stop work.
The men then set to work and pulled out
the fire with hooks.
Mr.. Boltz's loss will be about $1,000 on
the building and stock, upon which be has
a risk of Sl,5OO, formerly in the Southern
Mutual Insurance Company, but III what
company at present he did not know. Great
credit is due the fremen for their efficient
services,
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

HUsT1SGs COURT.-The case OF George w.
Robinson, proprietor Of the Park Hotel, in
dicted for violating the Moffett bel-punch
law, was called in the Hastings Court yes
terday, and the jury, after consultation,
brought in verdict Of guilty, and assessed
fine OF $40. The case was submitted to
the Jury without argument on the part OF
counsel, and it was thought by the defence
that the Commonwealth had virtually given
I'D the prosecution. The verdict OF the
iurv was q surprise to many in the court
room. Dir. Robinson had been prominent
in his cndearors to defeat the punch
bill, and he so stated to the Court
in his evidence, but had urged upon
those IN his employ that so long
as the bill was law it should not be vio-
lated under any circumstances. lie was
frank enough to admit that he would use all
the means in his power to show the lnlqulty
OF the bill. He was absent from the city at
the time the offence was said to have been
committed. The gentleman who testitIed
for the Commonwealth could not swear that
the crank was not turned, and the bar
keeper swore positively that he did turn the
crank when he took the money from the
counter. Colonel Young stated to the Court
that so certain was he that the Common
wealth's Attorney had found no prosecu-
ton in the case he did not deem it neces-
sary to argue on the part Of the defence.
4 motion for new trial will be heard to-
morrow (Thursday). In the event rehear-
inc of the case be refused it is thought that
an appeal will be taken, and the whole sub
iect OF the Moffett law brought fairly and
suuarely before the Court Of Appeals.
The jury in the case Of W. Is. Jones,
sworn on Monday, failing to agree, were dis
charged and the case continued.
Philip Helfrich, charged with failing to
register a drink, was tried and convicted
and fined $50.
1.-THE court adjourned until IL o'clock to-
day
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24

FIRE on MAIN STREET.-Yesterday morn
ing between 8 and O'Clock fire was discor-
cred in the private Office of Mr.. Charles L.
Palmer, machine and agricultural-imple-
ment manufacturer, No. 1926 Main street,
by the policeman on the Main-street beat OF
the First district. An alarm was given
from Fire Station 2, at the Old Market. The
Department responded in due time, and soon
extinguished the fire. The building, which
is owned by Mr.. Palmer, was damaged to
the extent Of about 5000. The stock and
machinery was damaged to about $500.
Building, stock, and machinery fully in
sured IN the Mutual Assurance Society OF
Virginia and the Virginia Home Insurance
Company.
before Mr.. Palmer left his office, the stump
OF cigarette was thrown into wooden
spittoon which was on the office floor. SUR
rounded by l,apers hanging upon the wall.
It is believed that the fire from the cigarette
after several hours ignited the papers, and
then the flames spread rapidly to the lock-
room above, in which Mr.. Palmer kept q
fine stock OF steel, and to the main ware
house, which adioins the office. a police
man who was on the beat states that he
passed the store half an hour before the fire
was discovered, and at that time "eYery-
thing seemed to be all right"
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-24
AUCTION SALES THIS DAY.

g- On all sales Of Real Estate made bst.setn
the 1st of January ami last Of June the tdEes for
the present yenr hnuet bep paid blythe purchaser:
On al sales made bet the 1St Of July and Last
of the yeGr the tares hnpe to be paid by the seller.
(ThIS custom was adopted about fifteen years ago
By all the real estate agents In Richmond, and al :
plies 10 Richmond and vicinity.1
J. THOMPSON BROWN, Az NJ, executors sale
of two framed houses OH west Cary street near
Cherry.
ROBERT II. LYME, IL A. NJ. at No. 515 west
Grace street, household aud kitchen furniture.
JAS. 3IACDOUGALL,, l0A A. ~, collection OF
winter and sprlns-blooming plants.
FRANK ID. HILL, IL NJ, at No. 110S Main street
law library and miscellaneous collection OF
books.
JAMES NJ TAYLOR & SON, SO p. NJ, improved
and unimproved real cstaein the county Of Hen
rico and city of Richmond.
RICHARDSON & CO., p. Dr., commissioners
sale of lot OF land, with small framed tcnc.
ment thereon, on Thirtieth street between Leigh
and NJ streets.
JOHN MCCORMICK, 10h A. NJ furniture, sc.
r. A. PAINE, 10ls a. ST., boots, shoes, hats, caps
fancy goods. &c.
E. W. POWELL, 10 A. NJ, percmptory sale Of :
stock Of groceries, dry goods, boots, &c.