davidaulloa/AmericanStories huggingface dataset:
The New Orleans daily Democrat., 1879-04-01
A PROLONGED SESSION.
THE OUTLOOK AT WASHINGTON NOT
FAVORABLE TO A SPEEDY
ADJOURNMENT.
EHect Of Republican Tactics Upon the
MaJOrty-A Prospect For General Leg
1slati0n-Thc Position Of Hayes Reia-
tive to the Army and Legislative Bills.

Enect OF Republican Tactics Upon inc
MaJOrlty-A Prospect Fer General Leg
isIatson-Thc Position Of Hayes Reia-
tive to the Army and Legislative Bills.
Especial to the Democrat.l
WASHINGTON, March 31.-The tone and
temper which the Radicals In both houses are
displaying is quite unexpected, and may con-
siderably modify the plans Of the Democrats
which were sketched In my dispatch last
week. The Democrats had intended to de-
vote the extra session solely to the passage OF
the appropriation bills, and to confine dis
cussion to the merits of the propositions
directly involved In them, but the Radicals
have determined to devote the session exclu-
sively to political discussion, with view to
partisan effect upon the country at large and
the North in particular. using the pending
appropriation bills merely as pretext. This,
In view OF the narrowness Of our majority In
the House, forces the Democrats In some
measure to accommodate their tactics to
those OF the enemy, and in consequence 1t is
likely to be prolonged session, unless the
Radicals abandon their attempt to infiame
public sentiment which they give no sign Of
doing as yet.
There can be no doubt that II the Radicals
persist in their endeayor to fix public atten-
tion upon the old sectional issues, the Demo-
Gratis will retaliate by throwing open the
fioodgates OF general legislation, In order to
afford more wholesome subjects of public
thought and discussion. Just now the de-
sign of the Democrats seems to be to allow
the Radicals to discuss the questions raised
by the army bill to their hearts content, and
the debate may run one week or three, ac-
cording to the Radical lung power.
Thus far, though incessantly appealed to
by statesmen to give some sign Of his inten-
ton, Hayes has steadily refused to commit
himself ON the subject Of vetoing or signing
the legislative bill containing the caucus
modification Of the Southland amendment. He
has intimated, however, that he will sign the
army bill II passed in the present state Of
prohibiting the use Of troops at the polls
His steady refusal to commit himself on the
subject OF repeating the election laws arouses
the wrath Of the stalwarts, and they have be-
gun to denounce him almost as savagely as
they did In the earlier days OF the Southern
policy. 1t Is clear that the current style Of
Radical oratory in Congress is intended SIM
ply to bulldoze Hayes, but thus far there are
no signs that it will succeed. A. G.. B.
The New Orleans daily Democrat., 1879-04-01
The Credit M0biller Aga1n-suit Against
Henry McC9mb.

NEW YORK, March 31.-The Union Pacific
Railroad Company has served upon
Henry McComb the summons and
complaint in action to have him re-
fund the sums Of money which, 1t is
alleged, he received as his share Of the profits
structed the railway. This Is one OF num-
Der of suits which are to be brought against
all persons who received similar profits under
the same circumstances, all OF which profits,
it is said, amounted to over $40, 0,OOO, 600. The
recent decision Of the United States Supreme
Court that the government could not sustain
any action against the railroad company on
contracts for the construction Of the roads
has removed the last obstacles to the bringing
of these suits.
The New Orleans daily Democrat., 1879-04-01
The Committees to be Names Monday
Chance for nm Equal Divisi0n-Mow
Judgments May be Amrmed.

WASHINGTON, March 3i.--H is announced
tonight that Mr.. Randall will name the
House committees on Monday next. The
the session will not last beyond the fifteenth
OF April.
In consequence OF the illness Of Judge
Hunt. the Supreme Court now consists OF
only eight judges, and is liable at any time
to be divided In opinion on the questions be-
fore 1t, which necessarily affirm judgment
brought up for review, as no order af-
fecting 1t can be entered here, where half
court would affirm and half reverse. The
statement is made, because many do not un-
derstand the Gaming Of the phrase affirmed
by divided court, so often seen In reports OF
court proceedings. Three cases were to-day
affirmed in this way.
The New Orleans daily Democrat., 1879-04-01
The New Ten Dollar BOnds-A Highly
Civilized Ch1nee.

CINCINNATI, March 31.-United States Sub
Treasurer Stern received to-day the first In
stallment Of the new United States refunding
certificate ten-dollar bonds, and the sale OF
the same will commence tomorrow: they
are convertible with accrued interest INTO ;.
per cent bonds when presented in sums Of $5o
or multiples thereof.
George Sam, bad Chinaman, was arrested
to-day for attempting the life OF Joe Sing,
another Mongolian. Sam served term Ia
the penitentiary for shooting at Joe Sing, ana nd
Immediately upon arriving home als-r ,aa tne
expiration OF his sentence ne Went cunning
for his old foe. Em5.-s 5.-.= .-
The New Orleans daily Democrat., 1879-04-01
THE TENsAs CASE.
Judge Woods Gives His Written opinion
on the Pleas In Abatement.

on the Pleas In ADAtcmenC.
judge Woods OF the Circuit Court, yester-
day, in accordance with his promise 80 to do,
gave In writing his reasons for overriding
the plea I'm abatement filed In the Tensas case.
The plea was based on article s12 Of the United
States Revised Statutes, which provides that
no man shall be summoned twice within two
years toserve on United States Jury It was
shown that one OF the jurors had served as
grand juror In 1877, less than two years, be-
fore being summoned ON the grand jury which
found the indictment, and that another had
been summoned and served on the petit jury
within two years Of being summoned as q
member OF the grand jury In question.
The court ruled that the article did not re-
fer to the time OF service, but to the lapse Of
time between the first and second summons.
This disposed OF the first juror, as the record
showed that two years and four days had
intervened between his first being impaneled
and his second summons AS to the other
juror, the court ruled that the article did not
refer to grand jurors; that it clearly meant
petit jurors; and, even admitting that grand;
jurors came within its provisions, 1t merely.
furnished grounds for exem ption and cha1-.
lenge, Dut did not impose disqualification.
The New Orleans daily Democrat., 1879-04-01
Cincinnati Movement In Favor of Capt.
COwden'A Plan

CINCINNATI, March 3l,-A meetinp OF per-
sons 1 Interested in the Improvement of the
ONO and Mississippi rivers assembled at the
Burnet m ct House to-day. Capt. @. w. Bachelor,
OF Plttsburg, was made chairman. Capt.
yonn CoWden addressed the meeting at
length, giving his views on the subject and
his experience in Washington. The president
was empowered to appoint a COMMITTEES to
prepare and present to Congress memorial
In favor OF Capt. Cowden's plan.
The New Orleans daily Democrat., 1879-04-01
walking Ma tchS. in rhlIad eIpnra

PHILADELPHIA, March 31.-At 5 O'clock
this afternoon Annie Bartel had completed
her 1881 quarter mile out of 1000, and Ida
Vernon SIG half miles out Of 5000. A six days
nas ngan 10 Re eT se
athlete and base ball man, Henry Lyon, q
street peddler, and John Freeman, OF Pitts
hl1rp
The New Orleans daily Democrat., 1879-04-01
CANADA

Sir John Mcdonald proposes to make the
acquaintance Of his constituents In British
Columbia at the closing OF the present par
liamentary session, and from British Colum-
bia will 70 directly to Great Britain to solicit
assistance towards the building Of the Pacific
Railway, which he will endeavor to prove to
be an imperial work. This visit will have as
additional object Sir Johns own installation
into the position Of British Privy Councillor.
The New Orleans daily Democrat., 1879-04-01
THE ELECTION.
CONCORDIA

CONCOKDIA.
For Senatorial Delegates-L. Y. Reeves,
DEM, 1892; Wade H. Hough, Rep, 6S7; scat
tering 5.
For Parish Delegate-David Young, Rep,
1871: Thomas Reber, Rep, 371; scattering L..
@.a SABINE.
For Senatorial Delegate-M. j. Cunning
ham, Dem, 1878; r. B. Steele, Dem, $40.
For Parish Delegate-R. w. Self 215, Leslie
Barhaa 168
The New Orleans daily Democrat., 1879-04-01
CAMP STREET
Humbert, accompanied by Prince Amadeus.

Humbert, accompanied by Prince Amadeus,
Gen. Me1Hci and others attended.
The couple will reside In the Grand Palace,
erected by Victor Emanuel. Miss Hunger
ford wns called the Star OF the American col
ony In Paris. Telefener occupies the highest
positions 10 Rome, and is well known from
his connection with some OF the biggest rail-
roads, in South America.
RohE, March 3l.--Gen Garabaldi has issued
g manifesto against the Italian emigration
scheme to New Guinea, and advises the Ital-
ian people to prepare for the completion Of
ltaly's greatness.
GREECE.
BERLIN, March 51.-Greece has invoked the
intervention OF the signatory powers and q
compromise is under discussion.
EGYPT.
CAIRO, March 31.--The official paper, the
Sfonitem EDgptian, publishes decree post
poning until the first Of May the payment OF
Interest and sinking fund on Egyptian prefer
ence stock, which falls due tomorrow.
CANADA,
The New Orleans daily Democrat., 1879-04-01
WEATHER PROBABILITIES.

WASHINGTON, April /, ! q. m.-Tor the
Cult States increasing cloudiness followed by
rain, warmer southerly winds, falling barom-
eterr, followed In Texas by rising barometer
and colder northerly winds.
The New Orleans daily Democrat., 1879-04-01
barrymore Improyinx.

INDIANAPOLIS, March 31.-Mr Phil. Sim
monds. manager OF Warde & Barrymore's
Diplomacy Combination, has received dis
patch stating that Mr. Barrymore's physi-
clans report him improving.
The New Orleans daily Democrat., 1879-04-01
. GAO ooo FIRE in Greenvllle, 8. c.

GREENvILLE s. c., March 3l-A ire here
$40 600. The fire was incendiary.
The New Orleans daily Democrat., 1879-04-01
BEYOND THE. BORDERS.
SsOcREss OF EVENTS In THE OLD
WORLD AND IN CANADA.

ne C0minx host Racc on the Thames
ReInfsrcements for the Army In zsalu.
lana-A Proposed UniaN Between lhe
Rsnapartists and kagitimists In
Frerce--Garibaldfs Latest Manifesto.
The New Orleans daily Democrat., 1879-04-01
The Amiable Ruforh

LOUISVILLE, March 31.-Tom Buford the
Elliot murderer, has been placed in the Old
Jail here along with the other prisoners and
Is conducting himself in very amiable man
The New Orleans daily Democrat., 1879-04-01

Diamond dealers In New York loan dazzling
displays OF gems to ladies secretly engaged
In the trade, that they may wear them at
parties, and thereby emulate other envious
ladies to worry their husbands into buying
outfits equally costly.
The New Orleans daily Democrat., 1879-04-01
u.,rne,,. Ruxle .iIencetl,

SAN FRANCISCO, March 31.-Chester Hull,
author of Dennis Kearney's speeches, died
yery suddenly this morning.
The New Orleans daily Democrat., 1879-04-01
eWhsuever cease to loyel" W1at? shadinee

''the latest style" that will Hsd4; Lilientha.'s
The New Orleans daily Democrat., 1879-04-01
uRNAL OF THE CITY OF NEW oRLEAr
NEW ORLEANS, TUESDAY APRIL 1, 1870

this duty, the case was one In which the
writ asked should have been issued Mr.
Justice Field delivered the opinion. The de-
others.
The New Orleans daily Democrat., 1879-04-01
i14,ao.
We have q total Of.
ss57sOo

We have total Of ........ .Ss57, 300
It is agreed on all hands that the total ap-
general fund will not exceed s725,OO0.
But 1t is contended, and conceded, that there
will, In the nature OF things, be more or less
delinquency In the payment OF these taxes
plaintiffs charging that said delinquency will
amount to 33ls per cent, defendants contend
Ing that 1t will be much less.
We hold that that question is one wholly
abandoned to the discretion and judgment Of
the Legislature. In the nature OF things II
Is impossible for this court to say In advance
that the State Uiu never realize from these
taxes (which on their face are ample) an
amount sufficient to pay the appropriations
against them. 1t may be true that the prob
abilities are against t Its doing n 80 da,r.g r, ~
that the nnllity declared In the constitutional
amendment does not attach simply because
the revenues collected in any one year are less
than the appropriations OF that year, but only
they collected in that year or afterwards
below the appropriations. Otherwise any
great calamity delaying or diminishing the
yearly collection Of taxes, such as general
overflow destroying the crops, or an epidemic
preventing their harvesting, might have the
effect of nullifying appropriations which,
upon the Legislative estimates were clearly
within the taxes imposed for revenue. The
constitutionality OF laws cannot be made to
depend 1,1 upon such casualties nor upon the
or want OF promptitude Of the people In re-
spending to the demands and exactions OF
the iaw-maktng power This would make
the constitutionality OF a law depend upon
the alacrity with which the people obeyed 1t,
and upon the ever varying accidents Of life.
The facts OF this case do not, therefore, pre-
sent a case OF legislative appropriations ex-
ceeding the revenues; and we are therefore
not called upon to decide the grave questions
leQislAtiV9 executive and iudicial uOwer6,
The New Orleans daily Democrat., 1879-04-01

The best and pnrest medicine In the marSes
tor fever and ague Is Reeds Gilt Edge Tonic
The New Orleans daily Democrat., 1879-04-01

ohew Jaekson's best sweet navy TOBACCO. II
The New Orleans daily Democrat., 1879-04-01
THE JUDGES INJUNCTION.
AFFIRMATION OF JUDGE ROGERS
DECISION AND THE DEAD
LOCK BROKEN.

No. 7470. VIM. T. Houston ct al, appellants,
ys. Allen Jumel, Auditor, and u. A. Burke,
treasurer treasure. Gen. W.. Behan and Louisiana
yenors.-Appeal from the Fifth District
Court, parish Of Orleans.
Plaintiffs, who are judges OF district courts
In the parish OF Orleans, allege that their
salaries are n liked and determined by the con-
sIitutlon. mat their salaries are payable out
Of the general fund tax; and cannot, either
directly or Indirectly be diminished by the
Legislature That the Legislature has made
appropriations for the year 1879 largely Ia
the taxes and licenses of said year. That
under the amendments OF 1874, to the constitu-
tion, said appropriations, SO far as they ex-
ceed the revenue, are void. That the Auditor
rants for said void and unconstitutional ap-
preparations, thereby 80 exhausting, or at
least diminishing, the general fund as to de-
feat, In whole or part, the payment OF their
salaries. which they aver are, by law and the
preparations other than those for the salaries
of constitutional officers.
They pray that the Auditor and Treasurer
be enjoined, the former from issuing and the
latter from paying any. warrants on the gen
eral fund OF 1872 except such as may be In
favor of constitutional officers, and that said
appropriations 80 In excess Of revenue be as-
certained and decreed void and their pay
men. perpetually enioined.
lhClD WCAb UWO luItE Dy bT1Rs
Gen. Behan, on behalf Of the militia, and one
by the Louisiana Institution for the Deaf
and Dumb. These intervenors oppose the
plaintiffs. The defendants filed an answer
generally denying plaintiffs allegations and
averring that the appropriations did not ex-
ceed the revenues. They also filed exceptions
to the right Of plaintiffs to proceed In this
wise, claiming that the question raised was
legislative and not judicial. The Judgment
below dismissed plaintiffs suit and dissolved
their Injunction, and they have appealed.
The constitution OF the State Is just as
obligatory upon the Legislature as upon the
other departments OF the government, and
where courts are forced to the alternative OF
obeying the one or the other, In case of con-
flict, they cannot hesitate In their choice.
When an act Of the Legislature is cIearLu and
nnnif festky in violation OF the constitution.
whether 1t be In the exercise OF its taxing or
other powers, 1t Is the bounden duty Of the
judiciary to declare such acts, when they are
and can be properly brought In question be-
fore it, null and void.
It is equally evident that where the consti-
tuition gives the Legislative department a dis
cretion the judiciary cannot undertake to con-
troll the Legislature In the exercise thereof.
TO do SC would be usurpation of legislative
power by the courts.
In the case before us 1t is shown that the
general fund.- tax Of 1879 is assessed at ~
mills on Sit, 900 Of property and amounts
therefore to. W.. .$442, 500
TO which add the estimated receipts
from licenses madeby the Auditor
and Treasurer, say. y................ Ala, 500
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17
STATE ITEMS.

Mark harrington, employed about
the barn Of Dudley Davis, Of Derby
fell fourteen feet into the cellar, Mon
day, striking on his head. lie died in
two hours.
On Saturday evening q barn owned
by b. M. Davis, at Ricbford, was burn
cd, together with colt, hay and grain
supposed TO be the work of an incendi
airy. Insured for 500.
CHARLES Osgood, 63 years old, well
to-do farmer of Milton, has been con
victed of bastardy on the accusation o
Minnie Sanderson, Is years old, of tn,
same town and of respectable family
Osgood has hitherto had good rcpuia
tion.-[Springileld Republican.
Mr.. John S. Howe died at the resi-
dence of his brother, Gardner Howe
in Ludlow, Sunday, after a long Illness
He was for many years agent in Bur
lington of the Rutland railroad, ant
subsequently, In the merchantile bust
ness in Boston, in partnership with The
late Col. Stephen II. Pearl and Dan b
Buckley, and was well known to mos
of our people.
Deacon Franklin S. Hazon, a promi
nent citizen of Hartford, committed sui
eide, Tuesday week, while temporarily
insane, by hanging in sugar house
He has suffered few wears from IN,
effects of sunstroke, and last year his
only son, a member of the freshman
class in the agricultural department al
Dartmouth, died, since which time la
has been occasionally deranged.
Last Wednesday Mr.. A. w. Abbott
Of West Barnet, with his wife and tel
children, aud Mr.. Gilmore Morrison, o
Ryegate, and his wife and eleven chill
dren, came 10 81, Johnsbury and wer,
photographed ~ family groups. The,
came 10 town in four horse coach sni
a two horse coach, and at first wer,
supposed TO be some Sabbath school ex
cnrsionists. The oldest Of the phildreI
was about 81 years old and they were
happy, bright appearing crowd, TIT
fathers and mothers ara middle agel
men and women, aud are evident,
happy with their families, The m0theri
! are cousins. GCaledonjan,
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17

a. The result of the Ohio election il
aglorious Republican victory. Fosters
majority is not far from 10000. The
Republicans have captured the legisla.
ture also, having small majority in
both branches. THIS not only insures
the retirement of Thurman to private
life, and the election of a Republican
senator to succeed him, but the undoina
OF the disgraceful and unfair Demo.
cratic gerrymander of the state, and {
consequent largely increased Republi
can delegation to the House of Repre-
sentatives. The effect of this great vic
tory upon the November elections can
not be over estimated. 1t shows thai
the people of the North have come to
the conclusion that something must be
done to curb the rampant insolencc o.
the late rebels, and to show that the,
are not prepared 10 surrender the re.
suits Of the war. The Republican par
ty is entering upon a new lease OF
power, which it will retain until the
cause of human rights and honest ano
free elections is placed upon a basis
from which 1t cannot be shaken.
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17
Hundreds OF Cases OF ConsumptIou.

We know of hundreds of cases where
persons were supposed to be suffering
from Consumption, who have become
perfectly well and robust from the use
of Spcer's Sambuci Wine. Many times
people for years, waste and at last die
from diseases of the kidneys or glands,
when they were supposed to have, and
were treated for, consumption. Speer's
Sambuci Wine will cure Kidney Com
plant and when taken with fresh raw
egg, or new milk daily, has been found
an excellent remedy, and has the rcp,l-
tation of rendering perfect cure for
consumption Medical Times.-Sold
by Birchard e. Co.
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17
Consumption Cured.

An old physician, retired from prac-
tice, having had placed in his hands by
an East India missionary the formula
of simple vegetable remedy for the
speedy and permanent cure for Con-
sumption, bronchitis, Catarrh, Asthma
and all Throat and Lung Affections,
also positive and radical cure for Ner.
vous Complaints, after having tested
its wonderful curative powers In
thousands of cases, has felt 1t his duty
to make 1t known to his suffering fell
lows. Actuated by this motive and a
desire TO relieve human suflering, | will
send free OF charge to all who desire IL,
this recipe, in German, French or Eng
fish, with full directions for preparing
and using. Sent by mail by addressing
with stamp, naming this paper, w. w.
Sherar, 40 Powers Block, Rochester,
N. \. 27e-o-w.
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17

R- Fires in the woods at such sea-
son as this ought to be guarded against
carefully. The money value of the
timber and firewood destroyed is not
the only thing to be considered. The
repeated CONGREGATIONS of few years
have often laid bare large tracts of
mountain land and caused the drying
up of important streams which took
their rise thereon. We have not too
much forest land in this,state now for the
good ofour climate, and what there is
is disappearing so rapidly under tho axe
Of needless lumbermen as to make the
additional waste caused by fires a mat
ter Of grave public concern. There are
several causes for the starting of these
fires which little care would prevent.
One Of the most common is the ignition
OF wads from the guns of sportsmen
Where, as is often the case with BOYS
paper or tow is used for wadding. thu
result is almost certain 10 be larger OF
smaller blaze. Another cause is thu
careless throwing away of matches uset
In lighting pipes or cigars. Another
frequent cause is the reckless buildin,
OF fires In the woods by boys, who of
ten seem unable 10 resist the temptation
afforded by the sight of some hand,
combustible material to build fires
sometimes to warm themselves, some
times to roast game, and sometimes on
OF pure wantonness; which they will
afterwards leave unextinguished with
out thought Of the damage that ma
result. Sportsmen, old and young
should keep these things in mind.
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17

~ The Cincinnati Gazette has inves-
tigated the criminal records of num-
Der of counties in Kentucky, and they
are not found complimentary to that
state. In an average of $40 years 2SS
hemicides occurred in counties. In
Is counties 476 persons have been ma
liciously wounded and killed in an
average of 3 40 years. At one term
of court in 10 counties there was found
to be an aggregate Off SAG indictments
In 20 counties the number of persons
indicted we're TO the population as one
in four. This proves an extremcl,
loose state of society, but it is no
claimed that the assaults and murders
have political causes, or that they hav,
been provoked by race antipathies
Kentucky chivalry is evidently inspired
by the spirit of pure deviltry..
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1879-10-17
Please stop Coughing.

Some people say, :" i have not got the
Consumption" That may be, bnt If you
don't stop that Cough The time will come
when you will wish you had. IL you
have weak lungs, cough or consump-
ton in its mild form, or Asthma, go
at once and buy bottle of DIR. Ger
mans Cough and Consumption Cure /;
and if, after taking two-thirds of the
bottle, you receiye no benefit, please
return the bottle and get your money,
as we sell no cure no pay. Mothers
give 1t to your children-no morphine
or opium. Price so cents and 81. For
sale at the Case & Rider drug store.