davidaulloa/AmericanStories huggingface dataset:
The Morning herald., 1878-03-27
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The Morning herald., 1878-03-27

sslt seems as If sh ouId cough my head
on" Ia sometimes the impatient excl una
tiOu OF q sufferer from a severe Cough
Quell the parexysms with Hale's Holey o
Horenound and Tar. The relief is imme.
diate ana the cure certain. sold by all
Druggists.
Pixies Toothacbc Drops Gu IN one
minute.
The Morning herald., 1878-03-27

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The Morning herald., 1878-03-27

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Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
Miscellaneous.

The man who wrote "Revolutions
never 60 Backwards" never turned a
summcrsault over the tail board Of a
farm wagon. -
st. Paul Globe, Minneapolis Dept.
Beecher talks Saturday night on
"Walsts and burdens Of Society"
He attendingto the waists and leaving
the burdens to some other fellow. ,
II didn't know said an old lady,
as che laid down her newspaper, "tha.
thieves we're SO scarce that they had
to advertise for ''sm and offer reward
tor their discovery: e:.>l = l..... : -
Sothero, last SUMMER, having bred
an attenuated livery stable horse for. q
drive: stopped at one i: Of the road :
side carava1saries, and while his. valet
was covering the abinal; John Nc
Culloch came by McCulloch-"Ned,
what do you put that blabk ct over your
horse for /? he looks too weak 10: bear up
Under it, sothern-..Uh that is to
keep the wind from blowing the hay
sout Of him;''9ssaz II - :afa y: 2.s|<-l:
tffEF4Ef er =
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
From Nejghboring Exchanges.

From the Benton County Press.
Grain never before ripened in this
section as rapidly as it has this year.
See that your doors and windows are
securely fastened when you retire for
the night as our town is fairly .infest>
ed with hard looking tramps.
From the Anoka Union.
Lots of work done in the harvest
fields last Sunday.
AS high as four dollars a day has
been offered in Anoka for men to 90
in the harvest fields, during the past
week.
Last Wednesday evening, at the
St. Paul mill, the large circular saw
run into piece of iron on the head
block, breaking it all to pieces, one
piece striking Swede in the back Of
the neck, causing severe though not
dangerous wound. 1t was a narrow
escape for several employed around the
saw. ....
From the shcrburne County Star:
Mr.. John Thompson, who has been
in the upper part Of the county this
week, says that man named Joseph
Wilt, in the town Of haywood, Ben
ton county, died under peculiar cir.
cumstances last week. He was suf:
fering from rheumatism, and one OF
his neigbbors gave him receip,
which he assured the deceased was 4
sure cure. He procured the medicine
and Immediately after taking it; went
into commissions and died He leave:
wife and six small children.
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
NEWS ITEMS.

The railroad is completed to Sank
Centre.
Gen. Mark D. Flower of Washing
ton county is favorably spoken of as a
suitable candidate for State Auditor.
Henry Ward Beecher is on lect~
uring tour IN this State, but will cot
lecture at any point north of Miune>
apolis.
The Temperance party Of Minnesota
is called to meet in State convention
at Waseca on September Sd, to NOM
mate candidates for State officers.
On Tuesday last a sergeant at Fort
Smelling was accidentally shot in the
legs by a private soldier, and one leg
had to be amputated above the knee
The report circulated through sew
eral Minnesota newspapers that farm:
er near Faribau;t had shot and killed
two tramps who were preparing to
burn his harvester in the night, was
false.
Fighting has lately been going on at
Lincoln, New Mexico, between two
factions, with nearly hundred men
on each side. Ten men we're killed in
one fight, and the difficulty had not
terminated up to the latest advlces.
Miss Beckwith, who astonished the
world some time ago by swimming ten
miles in the Thames before she was ff.
teen years Of age, will shortly make an
attempt to swim twice the distance
Should she succeed, she will probably
try the passage from Dover to Calais.
st. Paul Globe.
The Democratic State Central Com
mitlee have been called to meet at the
Merchants Hotel in this city, on Tues
day, August 9th. 1t is probable that
the Congressional convention in this
District will be called for the 4th OF
9th Of September.
st. Paul Pioneer Press: .". T.
Mr.. Burt, State superintendent o!
public instruction, says that for every
vacancy among teachers, there are, at
least, one dozen applicants. He de-
cIares he never saw anything like. it
1t seems to him as though everybody
had gone to teaching school. ..s:~ :,
On the 26.h inst. the superintendent
OF the Minnesota: kennel club mailed
a letter to his Royal sHighhess, the
Prince Of Wales, inviting him to ente,
SOME Of his valuable ,dogs-in the
breeding Of which be takes lively ins
terest--in the bench show fthe Min,
nesota kennel club, to be given in ST.
Paul IN connections with the State fair.
4 mob numbering three or four
hundred undertook, on Saturday last,
to prevent men from working Oh pub
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
Questions and Answers.
Little Falls, Mimi. July ~, 1873,

:: ss@%i Little Falls, Mimi, July 27,,l878.
Mr., EDITOR :--Y ourself and 9TH
ers have submitted the following ques.
tions, and requested me to furnish aus
thorities bearing thereon. %z.*. ~. z''3:. II.
-. 1st. Is 1t necessary to orepeala pub
lie act in express terms when a special
act modifying the public act is passed :
:. -, End. Is law ever repealed by i'm
plication ,.,s~:. =, ......t;.>,. :.
3d.. How is the intention of the
Legislature ascertained *-"! ..'."' ,
~ 4th. Are you familiar with any
case when a statute similar to the one
directing the division Of : Morrison
county into Eve commits ner districts
has been passed in Minnesota 7 -
A public act is universal rule that
regards the whole. community, while
private acts are those which concern
only particular locality, thing or class
of persons. q Kent's Commentaries
459 ; Potter's Dwarris on Statutes, 62;
l Sharsword's Blackstone, 85)
A private act operating only upon
particular persons and private con-
Germs, and rather an exception than a
rule, is opposed to public act and may
be considered an exception to such
general rule. q Keut's CON-, 459
1 Sharsword's Blackstone, Sc; 2 Bou>
vier's Law Die, 374, and cases there
cited.)
A statute may be repealed by im>
plicatlon. A repeal is erpress, as, when
it is literally declared by subsequent
law, or implied when the new law con>
tains provisions contrary to the former
law and law may be repealed by an
affirmative as we'll as by a negative
statute. Il Ohio, 10; 2 Bibb: KY,
96; 2 Bouvier's Law Dlc., 439, and
cases there cited.)
The intention of the Legislature is
to be deduced from view of the
whole and every part Of statute tax
en- and compared together. (Marshall,
Chief Justice, IL Wheaton, 1872; Ma
son vs.. Finch, 2 Scam 224 1 Kent's
CON-, 1927 And the intention Of the
law maker is to be collected from the
context, from the occasion and neces-
sity of the law, and the objects and
remedy In view. q Kent's CON-, 462 }
BY reference to Special Acts ofl877,
Chap. 204, it will appear that the
county commissioners Of Winona coun>
ty were empowered in like manner
as those in Morrison county to redist>
riot Winona county into "not more
than seven nor less than three COM
missioner districts )" and the public
act Is not referred to.
Respectfully &c.,
E. D. TINGLE.
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01

The following is copy of a written
opinion addressed to the Commissions
ers Of Morrison county by the County
Attorney:
A. J. Clark, County Attorney.
Slr:-1 Is the special act Of the Leg
is!ature entitled "An act to increase
the number of County Commissioners
to tive," a copy of which is herewith
handed to you, good and valid law ?
Are the Co. Commissioners obliged to
comply with the directions contained
in said bill? Is 1t optionary with
them whether they shall divide said
County into five commissioner dis
trlcts or not? If they should do so,
will their action be legal?
NICOLAS MEYER,
Chairman of Board of Co. Com s.
July 22d, 1873.
10 the Hon. Board of County Com>
mlssioners, Morrison County, Minn.
Sec, 10, title 3, page 219, Vol 1,
Bissells Statutes, reads as follows:
"Every county shall be deemed an
organized county for the purposes of
this title, and shall. have a board of
county commissioners In those couu>
ties which poll eight hundred votes or
more, the said board shall consist of
foe members, and IN all other counties,
of three members" etc.. That is gen.
eral law in full force in this, and eve
ry county in the State. The special
act referred to, says, in substance, that
the commissioners Of Morrison County
shall, at their first regular meeting aft
er the passage Of said act, divide SAID
| county into FIVE commissioner districts,
ETC.. And Section 2, Of said act, pro
vides for the election Of commissioners
in said districts. :.
Now there can be no question as to
direct conflict between the general
law referred to and the special law re.
ferred to
The general law says that id all
counties polling less than eight hum
dred votes the board Of mnissioners
shalt consist Of three members.
The special law does not attempt to
repeal or suspend the general law so
far as it relates to Morrison county.
l say, therefore, that the general
law is still applicable to this county.
That the special law IS in direct
conflict with it; Of course. both laws
cannot be complied with, and the gem
eral law must take precedence, -
And, 1 am of opinion ,: that if the
board should obey the dictatiou Of the
special act, and divide the county into
FIVE commissioner districts, board of
commissioners elected under such pro-
ceedings would be an illegal body, and
that all their acts would be void. + !:
Respectfully &C., A. J. CLARK,
July 22d, 1878. ,.. .@~~ .@,'* :, ;: -:
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
The Commissioner Districts.

This week We publish quotations.
FURNISHED by Mr.. Tingle) from the
best authorities on law, showing that
the opinion Of the County Attorney
in reference to dividing Morrison coun>
ty into FIVE commissioner districts, is
wholly errone eous. Upon examining
the special laws of previous years we
cannot find single special law, of the
nature Of this one, where a repeating
clause was inserted in the act. 1.-THE
County Attorney had ever looked into
a volume of special laws, be would
have noticed that. Our statement
last week to the effect that he. .intend>
ed to defeat the execution of the 4orts;.r
Of the county commissioners, directing
the Auditor. to send the above men,
toned opinion to the Attorney Gener>
al, is fully confirmed. He still refus>
es to- surrender the original copy of
the opinion to the Auditor, basing his
refusal on shallow pretense that he
prefers to send the opinion himself.
There has been an official copy of
the special law to redistrict Morrison
county on file at the Court House, and
that is the only copy in the county
that we know of. We intended to
spu5lish it this week, but the County
Attorney probably surmisel our inten-
tion, and he took possession of 1t and
placed it beyond our. reach. It is suf>
fcient to say, however, that as to the
points referred to in the County At
torncy's opinion, the act Is exactly the
same as an act passed in 1877 to re-
district Winona county; and ie, as to
the points named, the same as all other
special laws Of similar nature ever
passed by the Minnesota Legislature,
as far as we have had time to exams
inc. The official position of the Coun>
.ty Attorney gives him a degree of
temporary importance which he would
not otherwise possess, and that is the
only reason. we occupy column of
our space this week to expose the
true inwardness of his acts. If he is
guilty of attempting to defraud the peo~
pie of their rights under the law, they
ought to know it. A plea Of ignorance
on his part would hardly be consistent
with the very liberal salary he re.
ceives; and he is in dilemma from
which there is no escape. We were
satisfied with three commissioners, but
the people wanted five; they had an
act passed authorizing them to have
five, and they are going to have them.
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01

lie works in Washington, D. G. Sev>
eral unimpottant conflicts occurred be-
tween the rioters and the police during
the day and two or three persons were
shot and several were Knocked down,
BY flying missiles. cc 81. =; ' 1,,,.., ~. ~
80 Bandits in the province of Cordova,
Spain: lately seized q boy Of seven
years belonging TO- q wealthy family Of
Cabra, and sent q letter to his father:
demanding $4,000 ransom. The mons
ey not having been delivered,at the
hour and place indicated, the wretches
cut the throat ofthe child and left his
body near: the house Of his family at
night. -::'5:31> ~.
St Paul Pioneer Press. 5s. .st
The Northern Pacific and st Paul
q Pacific companies have harmoniouslY
settled all their differences in: relation
to the terms on which the former was
to use the track Of the latter from
Sauk Rapids down., both. having fully
accepted the decision Of the arbitrators
to whom these differences were referred,
and exchanged the necessary agree
ments. There seems to be no reason
why they should not work harmonious
ly together hereafter.
St. Paul Pioneer Press, July 28. =. -.
Gen. Rosser, chief engineer of the
Northern Pacific, states that his sur:
7eying party, which arrived at Fargo
yesterday, will at once proceed to sur
vey the line from Sauk Rapids, to
Minneapolis, on the west side Of the
river, and will complete the work with
in thirty days. This preliminary sur>
vey Geu. Rosser will entrust to his SUBJ
ordiaates, as he finds it necessary to
leave for the Yellowstone region early
next week. ....
The Democratic convention in the
First congressional district met at
Owatonna on the 25th ult.,, but ad>
journed without making nomination.
A platform was adopted, but the at
tendance was so small that it was de-
cided to appoint committee Of nine,
which committee should be empow>
cred to make selection of candidate
sometime before next September. Af>
ter appointing the said committee the
convention adjourned.
There is said to 5e danger Of an
outbreak by the Indians at the Slsse>
ton Indian agency, sixty~fve miles
west of Morris, Stevens county. The
incompetence Of the Indian agent, a
man named Hooper, reaches almost be-
yond credibility. The Indians have
repeatedly caused the matter to be
brought to the attention Of the au>
tho:ities at Washington, but no action
has been taken on the part Of the gov
ernment. The feeling among the In
dams is very bitter.
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01

A man IN .Danville, NY, while
cutting into . straw stack; drew forth
his knife stained with blood. A thrill
of horror shot through him as he
thought he had killed some ounforsun<
ate tramp who had burrowed into the
stack to sleep: An examination res
svealed she fact that be had cut =
wo,ol lch ust in.ro @t=a Il. E5sjst<. '>'f++ 90
Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1878-08-01
That ''Opinion.

The following is copy of a written
opinion addressed to the Commissions
ers of Morrison county by the County
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
An OMAHA slNEcuRE.

Especial to the st, Paul Pioncer-Press.l
Washington, D. c., August 2S-The
attention of the treasury department has
been called to the anomalous condition of
affairs of the surveyor of customs at Oma-
ha. The surveyor has always received a
salary of $500, which has been considered
sufficient compensation, for he has little or
nothing to do, and is apt to devote most Of
his time to other than Office business. The
entire transactions of the office last year re-
presented only about $l,4O0. Recently
however, Senator Saunders has secured the
appointment of man named Rosewater.
whe is the editor of the Omaha Bee, as de-
putty surveyor, at salary of 81, 900, or two
and one-half times as much as the surveyor
himself receives. If the collections are larg-
er in the future than they have been in the
past at the port of Omaha, they will not be
more than sufficient to pay the two salaries.
The question asked Of the treasury depart
ment is whv a deputy is needed, when the
surveyor himself is able to devote nine
tenths Of his time TO private pursuits, and i
is urged quite forcibly that the creation o
the Office of deputy was to give Rosewater
the editor Of q newspaper that has Away
opposed the republican party, sinecur'
position. Complaint is made At the treasury
department that the revenues Of the govern
ment are rapidly falling of, Here is
chance to save $1,000, and perhaps ther
are other ports in the country where lik
saving can be made.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
TOTAL ABSTINENCE CONVENTION.

indianapolis, August 29.-At the
Catholic total abstinence convention to-day
the following dispatch was received:
Rome August 29.-To Rt. Lev. Bishob
Chatard, Bishop of Vincennes:-The sover-
eign pontiff grants with great pleasure his
permanent apostolic benediction to the Cath
olic total abstinence association OF America,
which you have sought.
[Signed] L. CARDINAL NINA.
The following officers were elected: pres.
ident, Rev. Hugh Roe ODonnell Of Bos.
ton; first vice president, Rev. james Mul.
holland ofPhiladelphia; second vice preai.
dent, Rev. Aug. Bessonier of Indianapolis
treasurer, Rev. ]. Bowles Of Ohio.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
JUDGE BENNETT FOR CONGRESS.
Dakota Valley Homestead.

Dakota Valley Homestead.
X X x X
As to Judge Bennett we would say now as
We said before, that he is undoubtedly agood
man. His qualifications are ample in every
particular and no one urges any objections
except the very weak one of his not having
been long in the territory. We believe be
has resided within the territory about three
years, and it is quite likely that q majority
Of the voters have not been here two years.
This majority will surely not listen to such
an objection.
The action Of the territorial convention
at Yankton has firmly cemented together
the eastern and western portions Of our ter.
ritory and forever exploded the scheme for
division on any Of the meridians; but the
territory south of the 46th parallel will
knock at the door of the union for admis
sion and with united pull-and pull al.
together. we are going to walk right in be-
fore Judge Bennett retires. With this done
wepshall soon become a great state; STATE
with natural advantages similar to those o
Pennsylvania-the agricultural and minera
combined-and We shall become the key
stone state of the west.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
WASHINGTON.
CAPITAL NOTES.
SHERMAN At TOLEDO,

Washington. Sept. 2.-secre.ary Sherman
resumed his duties to-day. He exprcssea
himself much pleased with his reception in
Ohio In reply 10 question concerning
the truth Of lle statement that The psopls
Of Toledo did not want 10 hear him. he says
The interruption vas for time while he
vss speaking y, the opera house, and caue
from al,ous 25 psrsooa In The gdllery, and
did aos seriously annoy his. Oshesv,ss
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
ROASTED CoFFEE

If there is any luxury more generally
appreciated than another,lt is GOOD cor
FEE. Few persons can roast coffee well
and to meet this want Messrs. Bell, Con-
rad & Co., Chicago, have imported and
rosted a coffee called
ANKORIA,
which is the nearest approach to Java OF
any heretofore offered to consumers. II
is not glazed is brittle, and will grind
easily. Your grocer has the goods fol
sale, as also the famous
made by the same firm. Ask him fol
them and obtain the best goods in The
world.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-09-02
TELEcRAPHIc BREvITlEs.
LALIEs DROWNED

LALIEs DROWNED
Ottawa, Sept. 2.-Three young ladies
Maggie aud Lizzie Lee and Ada Edwards
were drowned at Pembroke on Saturday,
GAMBLER SHOT.
Cincinnati, December 2.-Jas. Bennett,
professional gambler, of St. Paul, Indiana.
was shot and instantly killed on Saturday
night by j. D. Arnold. Arnold charged
him with Influencing bis son against him,
and said be was tue cause Of his son leav.
ing home Bennett advanced to make re-.
ply. but Arnold caught his arm. placed a
pistol to his breast and fired, the ball en-.
tering little above the heart
LYNCHED.
Baltimore. Sept. 2.-On Tuesday last
Mike Green, colored. aged IS, committed q
revolving assault on young white woman
in Prince George county, and on the same
day he was lodged In Jail Early this morn
ing about twenty 6ve men took Green from
jail aud hanged him 70 tree
THE EFFECT OF AN EDIcT.
Rio Grande CITY, Sept. 2.-Yesterdsy al
ed!ct went into effect abolishiog the Seno
Liberia. except as the Matonorss and New
Laredo. and prohibiting commercial inter
course at other points. The people on th'
Mexican side are much exssperated, espec
tally at Cumsrgo and Mier aud have sent
violent ann threatening protest to th
central government