davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
by oral contract. We quote Judge sIBoNo's

The learned Judge Of the Circuit Court instructed the
jury that II neither minister nor magistrate was
present at the alleged marriage Of Wttt'S howRr
and the daughter Of the Indian PERo the marriage was
invalid under the Nichi.an statute and this instruction
IL alleged have been erroneous Hcertainly Win
drew from the conside jury all evidence. II
any there Of informal marriage by contract per te'
lie pr,.,HH That such contract constitutes mar
riage at common law b. doubt In view Of
the publications made in this country from it, earliest
to the present day. Marriage Is everywhere
REGARDED civil contract sttutcs in many OF tho
States ills true regulate the mode n entering into the
contract they do not confer tho right Hence they
not within the principle that where n statute
creates right and provides q remedy for Its en-.
forccment the remedy is exclusive. No doubt
statute may take away common law right, but
there Is always presumpuon that the Logisa.
turc has no such ncaon unless be plainly expressed
statute may declare that no marriages shall be valid
unless they solenniked In prescribed manner but
such enactment very different thing from a law
requiring all marriages To he entered into In the presence
Of magistrate or clergyman. or that be preceded by
license or publication of banns be attesed by wit.
nesscs Such formal provisions may be construed as
merely direct y, instead Of being treated
destructive Of a common law right TO form the
marriage relation by words II present assent
And such, think. has been the rule generally
adopted In constituting statutes regulating marriage
Whatever drec ions they may give respecting It's lorna
ton or accumulation, courts have usually held mar
riage good at common law TO be good standing
The statutes unless they contain express words Of null
I'VE constrained to rule that there error in
charging the jury that II they founl neither minister
magistrate was present at the alleged marriage
such marriage Invalid and the verdict should be for
the defendants"
so far az this decision adds TO the protec-
tion Of innocent women against the wles OF
seducers. all rght-minded people will re-
joce at 1t. No decent person objects to
making a man husband according to law
who thinks he is only pretending to be u
husband and decciYing his contiding victim.
But as respects the title to real estate, 1t
does seem that so solemn contract as mat
rimony should at least be accompanied with
as much formality as the sale or mortgage
OF farm We sorely need some system Of
registry for marriages 10y which purchasers
Of property may be warned of the existence
OF dover rights, as they are now OF other
prior cncumbrances. A deed or IA mortgage
is not good as against bonn fde purchasers
or mortgages, without actual notice Why
should not dover right be- placed in the same
category?
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
OFF FOR HUROPE
The Departure of Gnmore's Famous Hand In
the city Of Herlin.

Little OF formallty, but much OF hearty
good will was displayed on the occasion OF Mr..
J.. $. Gilmore's departure for Europe with his
famous band yesterday afternoon. Tho band
was to have started from the Twenty second
Regiment armory at half past o'clock but the
march was delayed until nearly an hour later.
In this interval many members Of the regiment
and friends OF the musicians nocked into the
armory TO say good by and wish them q safe
and pleasant voyage. The musicians were
escorted to the pier by the Twentv-second
Regiment drum corps and the Westchester
county. the First Regiment the Fifth Regiment,
and the Governors Island bands. marching in
the order named. Some two or three hundred
ians dress, but many OF them in fatigue caps.
Joined the procession; A halt was made
Twelfth street, cheers We're, given and
Mr.. Gilmore acknowledged the. COM
pliment The other passengers by the out
time before the arrival Of the band and rs soon
ns tho band bad gone aboard. the gangplanks
for the start. Standing on deck, the musiciane
responded 70 the adieus Of their hundreds OF
friends as the steamship hoated away, from the
pier. The usual hustle attending the departure
Of an ocean steamer was Increased by the
waving of many handkcrchicfs and the hearty
cheers sent w by friends a tho band.
Special arrangements had been made on
board the City u Berlin for the accommodation
OF the musicians. On the same 1oor with the
statcrooms. aud nearly amidshps. rooms had
been parttioned on and provided with all
necessary cOnvcnlcnces. In these quarters the
band will make the voyage az comfortably as
they could in the regular staterOons Of the
vessel Mr.. Gilmore is accompanied by biz
wife and daughter. aud several other ladies are
in the party. Tho band will take part In the
grand musical contest at the Paris Exposition
and will give concerts in The principal cities Of
Europe. This is the first American band ever
taken across the ocean to compete for the favor
OF European lovers II music.
Donald G. Mitchell and Miss Emma c. Thursby
were passengers in the same steamship. The
whole number 81 saloon passenger including
the band. was 22S.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

embarklng In such works, the demand Of tho
country Is for the stricteet economy in all
the public expenditures, at least until the
present crisis IL passed. The revenues are
falling off, business is stagnant, and yet in
presence Of these stern facts there are mem
bcrs of Congress with sufficient hardihood
to bring in bills that, II carried, would add
millions to the general taxation. When the
study Of every prudent household liz TO make
the two ends meet at the end of the year,
it is coolly proposed at Washington to on
gage In enterprises that can only be prose-
cuted by swelling the public debt.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
THE GREAT ISSUE.
The Cancer Must he Removed.


TT1Il 10 IITVilIl ~. fI0Ni7 2.
THE NEW YORK sun. in a recent article upon
senator toukling SAYS
The monsrous doctrine which i fashionable IN some
quarters uUWAials. that man ic Installed Pres
tlout through notorious and undtnaic fraud and that
the people have remedy agsi4s such destruction N
tctr rsht u sc government does not count the Repub
licau senator OF New York among It's adhcrcnts
That monsirous doctrine count man OF hone sly
and intelligence among it, adhcreuts. Proofs OF the
great Fraud now before the country II enort is
made go rydres. the wrong the nation becomes wiling
party 60 IT. own dishonor NJ man worthy oi being
American ,iu1'n wall allow CONDITION. OF eNpcdicncy 90
outweigh the stern demands of Justice. The cancer of
d.houor must he removed. OF IT. effects will he fatal
The country cannot AFFORD to have precedent VI sue.
ccssful Fraud established
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

The supreme Court Of the United States
has just rendered decision formally APP
proving the doctrine II the courts Of this
and of srvolal other States, that marriage
Is common law contract, and as such may
be- entered into without the Intervention #
clergyman or a magistrate 1t further
holds tlhi even though State statute may
ulrect in what manner marriages shan be-
solemnilod n failure tocomply with its PRO.
visions does not render the marriage void,
unless the statute 80 declares expressly. II
man and a woman agree 10 marry ench
other ami thcrcupon proceed to live ~
gcthr rs husband and Wifi, thoy are mar
riod ~ hard and fast as they could be- by the
most pomp5us ceremony.
Tho decision we refer TO was rendered hy
Judge SrKONG in the ease Of MEIsTTR
against MOORE. What the particular mat
ter in controversy was does not appear but
in the course Of the trial in the court below
IL became a question whether II certain man
had or had not been legally married to a
certain woman. The judge charged the
Jury that If neither priest nor magis-
tfate was present ut the alleged marriage,
the marriage was invalid under the Michi-
gan statute" This ruling Is declared 10 have
n''h erroneous In that il prevented the Jury
from con sni"ling whether there had not
'09u d m"ilIaS" I'D fact hci wecn the paltics
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

HENDERSON Of Toronto, who began his
droary 25,000-m mile tramp last Wednesday. Is
already dropping out Of public notice. Modern
mankind is too buoy to take much immediate
interest in match against time. to be finished
forty-eight months hence. But we can no
longer call Phineas F00o caricaturc. when
HENDERSON thus seriously sets out on two
years walk. equal to the circuit Of the globe.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

"A thousand ships would not transport
the number who want TO -. said the Rev. DR..
TURNER Vt Georgia. regarding the emigration
OF the coored people TO Liberia. General rs
the movement IL. We believe that il is far from
being wise In it, inception. and far from being
likely to be fortunate in its results. II would he
Just as sensible for the descendants IL the Puri-
tans 10 emigratc to the England Of to-day. ~ ii
IL for the dcscen iant- II Africans imported n
century or more ago - seek the continent from
which their ancestors were torn. Tho modern
Puritan would he about a. much al home in
Yorkshire as the negro Of the South II likely 20
be at home in Africa. The negroes are Amori-
cans as much as anybody; they belong in
America, and should stay in America.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
Improved devices for wholesale killing are

Improved devices for wholesale killing are
now regarded with much complaccncy in Eng
land. \ paper read TO the recent annual meeting
OF naval architects described an apparatus Tor
diseharsinG so gallons Of crude petroleum upon
All ironclad in fifteen seconds. at a distance OF
three hundred feet. followed by a rocket ear
fridge 10 ignite II and as one gallon. ludcously
spread over hundred square feet would mako
that area unnhabitablc for ten minutes. this
new apparatus could evidently be- made ci-
fcctivc. Tho use Of crude petroleum for de-
siroying an cnemy's bridges or pontoons was
also urged. 1t il remarkable that, after having
expended so many millions in building huge
ironclads England If now mainly intent on the
means of destroying big ships by swarms Of
torpedo launches. The Russians have also or
dorcd about ono hundred and fifty torpedo
launches. so We suddenly find the problem Of
attack shifted from enormous ir0nclads and
prodiGiou, guns To the small. swift craft with
its weapons Of torpcdocs and crude petroleum.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
a Hint to the Grea, Obituary Bard.

To THE EDITOR or THE SuS-ST. 1t IS some
times painful prrrosau,o of prominence t. nave omu.
arcs printed after death, Yer, often. even u friendly
notices, good many thugs sHii which the postnt
mou.v cnmphneuicd SUBJECT might prefer 90 haNc l-t
vui u Mnnli perhaps hc too much oeNI.et fuAt II
should bee uir -rur r custom ~ submit proof, 90 iu
trV-t lrn', about 'I'i'. hut l. There uaf lI
e. nNut iIliN fnr t'DHr-r Washington tANI. " fU
a.. tne = shA. = l.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
n Little MiXed.

Tho Bishop of Exeter tells a good story of n
speech WIN DO i- ONCE futlc tn him lie had auut IL
.lN IN country p'r'nu45' n hl. llo e,r for coma
u. Nr sHf other DNu'1l iu'ti 10. and the HOUSE and
lAll'r mtd hI eva. ltN l,cu strictly cmoincd on no
Wt'Hnt &, ult i"ris Ny I'rd' WAcu ssir ,,lug Va.
R-hHr In the Murtdns, while eoius dowu in breakfast
no m' %. dams. ou M ,el', and asked her whether
slt'o D. fo lM vino hAd taken hls letter, o. tr ost
me mehi n'i T.. The answer sven snuhnsly was. '1hc
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

good opera glaee viii reveal II. or course the
eye must DO protected with piece Of smoked
or colored glass. In this city the transit will
begin at 1918 A. NJ. and end at b:51 ?. NJ. The
ASTRONOMERS are prnyng for o cloudlese day.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

The Democratic Legislature Of Ohio is
about TO exp" ts convict member. The Fraud
ulcnt Administration, on the contrary. treats it,
convict, ANDERSON. with distinguished consid-
Grafton and seeks for ways 10 honor his con-
felerHtcs in felony.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

4 correspondent Of THE SUS says that in
ordinary life n stranger would run u serious
risk Of being knocked down for laying his hand
lamiliarly upon woman; but the conductor Of
street car can 10 so with impunity,'
There Il q touch of truth in the remark. We
hear Of no complaints from ladies that they
mis- assistance in entering the cars OF tho
Blocker s,r" t and other lines which are with
out conductors. The practice Of Mdi.erimi-
natcly Ia ing hands upon the women who step
into street cars is as needless rs it Is Of nsivc
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
A Clergyman in Connecticut, who informs

A Clergyman i'm Connecticut, who Informs
MS that he voted for Gov. HAYES for President
and still believes that in the absence OF intmi-
dation in tho South HAYES would have been
elected, writes to THE Sun the following letter;
g. The winter regards Mr. HAvss asin every way a bot
ter man than GOV runrE Hut he reluctantly comes to
the conclusion that II South Carolina Florida. and L"us
ana elected Democratic Governors. they must have
chosen Democratic Presidential Electors The writer
also holds that whatever there WAS nocessiiHtin- an
Electoral Commission ndcred II also necessary that the
Commissioners back Of the papers Of atleest four sets
OF Pr, sidcnua Electors
since the decision u the Commission II has been
demonstrated that Gov aY,s failed to secure the cleo
toral votes Of AT least three states
Mr. HVrs Is not in fault for being Presdcn He ac
ceptcd simply what was declared hs by tribunal
created tu determine Tins very thing. The Commission
hid rish " all they could do was to decide without going
hack Of the papers But canno, their decision be re-.
yorscdf
"IiGov Tuntv was elected President ht be demon.
stratod and let him be- inausuratcd srashway let the
proposed nvcstgation 80 on and let Justice be done
though the heavens tall
Ia the writer's opinion Mr. H.rss Will gracefully
Vacan the Presidential chair whenever nis shown by
Congress that his title to tits not valid
"CtKsicrs'
Our correspondent is partly right and partly
wrong. He is right in his honest desire that
justice be done. whatever the consequences TO
the party to which he belongs. He is also right
in his belief that there is n remedy for the
present state Of things. But he is mistaken in
his estimate of Mr.. HAyEs's character. HAYES
was in fault when he accepted IN Offlce 10 which
he was not elected. He knows already that his
title is not valid. II he did not know il at the he
ginning. His friends and agents arranged the
fraud that put him in and he has been bargain
ing over since 10 cover the traces Of that fraud.
II is folly to expect that a man like this will
gracefully vaeate the stolen Prcs .dcncy. He
must be driven out of it
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

senator Burnside has abandoned the
educational field for the agricultural. md has
caused The distribution among his constituents.
ut the expense of the nation nj large. OF pack
ages Of Indian corn and sugar beets. BURN
SIDE seems to have found his level rs a logis-
lator sooner than he did MS a General.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

Bishop GIT HAVEN rates HAYES A. a more
infamous parsonage than BrNLpIcr ARSoLp.
But ARNOLD was n man 81 eomo brains. vigor.
and courage; HAYES is only the puppct # .
brand
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
It becomes moro and moro apparent that

1t becomes more and more apparent that
though there may be some Democrats in Con-
gross who will oppose any inquiry into the Great
Fraud. there will be Republicans enough in
favor Of thorough Investigation To more than
supply all such deficiencies. The Democrats.
however. must not forget that the responsible
ty rests upon them To- initiate the proceedings
The country looks TO them to take the lead.
The ruin Of their party will follow II they shrink
from the prompt and fearless discharge Of this
duty. Time hastens; they must act without
delay.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
with the approach Of anothcr eeason. snm

With the approach Of another season, sum
MGR resorts by hillside and seaside. small and
great, far and near will do we'll to act upon the
lessons taught by the few past years. Tn" hard
times make carelessness and eNtortion a fatal
policy. Moderation in prices and sincere pains
10 please nre now required 81 the landlord and
landlady Guests are fewer and less lavish than
ten years ago. when neocing. inattenton. and
Inconvenience wcrr submitted 10 because To be
accommodated at all was a piece Of good luck.
There is retrbutiyc Justice in the relative do
cline Of one leading American pleasure resort
II Is said that the cXtortions Of hackmcn and
the petty annoyances Of lecchcs OF various sorts
AT Niagara have ceased under the recent cnor-
ceticartion II the hotel keepers. who were NJ last
reused To their danger aftor having long been
too selfcoufdenl and careless 10 abolish these
nuisances. Blu, the fame of the evil has out
lasted lis GORE con, so that years may be Ne, ded
TO restore the old popularity Of Niagara. Other
watering places should take warning.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
Thc Mnrrrrr hell nnnch Is now nccorl

Inc MoFFFrr bell punch IL now according
TO law in Louisiana. Its general features are
similar TO those II tho Virginia statute. Every
retail liquor dealer ia required To have u regis
ter. which must be securely fixed in n conspicu-
oS- place. Tho dealer deposits tho value Of the
register. which ia 10 be- returned to him. with
i've per cont interest added. when he goes cut
81 the business.
The tax is lower than in Virginia, being one
quarter Of one cent ON each five cents worth Of
liquor rotailed. and the tax Is payable monthly
Evasion Of the uso Of tho register is punishable
by Il fine OF 800 Tor the first offence ionc-third
Of the fine TO go To the inform"rl. andthc second
offence by forfeiture Of the dealers license for
one year. Tho penalty for tamperng with the
register r. hno Of not more than :luu ,onc-third
# which goer 10 the informcrl, and imurison-
ment not exceeding twelve months. The law
thus oif,rs strong induocm"nt 10 every liquor
drnker 10 watch that the state il not cheated
By the liquor dealer Small as the tax il, it
ought to bring in "a handsome revenue from the
numerous and bus barrooms Of New Orleans.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

The Coaching Club had almost perfect
weather for their Philadelphia trip Yesterday,
the little dash Of rain at Trenton only laying
the dust; the horses were in prime condition;
schedule time was made with hardly any varia-
ton worth noting all the roads were lined with
cheering mon, and white handKorchieis lut-
tered from every window. Altogether, IL was
successful and enjoyable AFFAIR.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

n,ms. May 4.-Cardinal MoCloskey visited
uc ENhibuon to day He WAS escorted hy NJ Mcc0r.
mlo,. the Commissioner Gcn'ral ol tho lmhd Stli,s
H. ,l sail from lltNre fur NaW Nnrk saturday M
tn mn inst m the Steamship lrucrc.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05
Jefferson Davis and Rutherford n.
HAYES.

Mr. JEFFERSON DAVIS has written new
Confederate letter, which was read few
days since in Macon, on occasion Of laying
the corner stone for II monument in honor Of
dead Southern soldiers. This document has
once more drawn public attention toward
Mr.. DAVIS, and dcnunciatiOn IL again freely
bestowed upon him in many quarters.
JEFFERSON DAVIS undertook To divide the
United States into two countries, one Of
them having the institution of slavery ~
the corner stone Of the social fabric; but the
principles of the sclf-govcrnmcnt Of citizens,
Of reverence for Constitution and laws, Of
preserving the sanctity Of the ballot, and
OF having an elective chief magistrate were
respected and maintained in the organiza-
ton Of the Confcdcracy.
RUTHERFORD b. HAYES. on the other hand.
has undertaken to strike down the Constitu-
ton Of the United States in its vital point.
to destroy the right ~ the citizen to be- gov
crncd by n chief magistrate Of his own
choice, to annul the system Of free elections,
and by means Of n conspiracy of fraud to
establish himself at the head of the Federal
Government.
There Is nothing In all that JEFFERSON
DAVIS ever attempted, or proposed, or advo-
Gated, so perilous to liberty, so full Of mem
ace to free institutions So hostile to the in
tegrty Of the country, so destructive OF all
manhood and honorable sentiment among
the people 80 immoral in its influence and 20
fatal in its consequences, as the conspiracy
Of RUTHERFORD b. HAYES to make himself
President Of the United States by deprivng
the people Of the elective franchise.
Compared with RrrHERFoRD Il. HAYES.
history will doubtless pronounce JEFFERSON
DAVIS a man Of honor and patriot. Com
pared with the Fraudulent Presidency. even
the Rebellion was worthy Of commentator.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-05

Brooklyn has hard luck about some things,
but now and then a streak of good fortune. A
an example Of the latter. HAYES says he will not
be able Ia BE- present at the annual celebration
and parade Of the Brooklyn Sunday school chill
dron.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1878-11-03

3G5; Courtney 2Ga; Ennis, $50. Weston
quilted the track at ! $50. His ankle is
sprained
FIRE AT MAYYooTH COLLEGE.
+ DuBIsS, Nov. by fire in Maynooth
college TO-DAY two wings OF the college
were destroyed end the library slightly
damaged Loss estimated at $4,000. The
students lost all personal property. The
fire was caused by overheating of the warm
ing apparatus.
EYoLAYD's PROTEST.
PEsTH, Nov. The Pesther-L Lloyd says
The British note protesting against Russian
movements was presented at st. Petersburg,
October cath. The note expresses the hope
that Russia will soon be able to resume the
withdrawal Of her troops, and that they
will not pass the line which they have now
reoccupied, as such step would compel Eng
land 10 take precautions.
SPIRIT OF THE PRESS.
ST. PETERSBURG, Nov. 1.-The Golos
and other journals to-day deprecate the Civ
ing OF direct assistance to the ameer OF
Afghanistan and advocate benevolent neu.
trality, The Golos treats the English ulti'
matnm as positive postpsnemcnt of mill.
tary operations to an indefinite period, and
advises Russian diplomacy to endeavor tc
prevent open collision between England
and Afghanistan.
The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1878-11-03
FOREIGN NEWS.
THE GLASGOW BANK OFFICIALS.


GLASGOW, Nov. 1.-The sheriff refusing
bail for the directors Of the City Of Glas-
gov bank, an appeal will be carried before
the lord advocate and If necessary to the
high court Of the Judiciary
FAILURE.
The stoppage is announced OF John
Leckie & Co., saddlers, at Glasgow and
London.
Matthews & Neilmsn, merchants, Of Glas.
gov and Leith, have also failed.
r. Shore 4 Co., brokers, Liverpool, failed
Liabilities, 4l76,000. ''l
" THE PEDESTRIAN MATCH.
LONDON, Nov. AT / 80 p. NJ. the fol.
lowing score had been made in the interna.
tional walking match Corkey, 45s; Brown
$50; Rowsl, 40s; Robert, 40l; Weston,