davidaulloa/AmericanStories huggingface dataset:
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06
Fl. W. BENJAMIN VS.. ALLEN JUMEL,
AUDITOR. EFT. AIS.

The Treasurer and Auditors demurrer is,
as the document itself reads, that ''they are
not amenable to the jurisdiction Of the United
States Court, and that the said suit, in so far
as 1t is intended to affect their official action
is, in substance and effect, suit against the
State of Louisiana, and that this court is
forbidden from entertaining Jurisdiction OF
any such suit by the ninth amendment to
the constitution OF the United States
This demurrer on behalf Of the State OF
Louisiana is well taken in the matter of 81.
w. Benjamin vs.. Allen Jumel ct al, United
States Circuit Court, for the State is really
defendant in the case The purpose Of that
proceeding is not to compel the State officer
to perform mere ministerial duty, but to
litigate as between the complainant who AYERS
that he is State creditor, and the State Prin-
ter whose claim as creditor is assailed and
the State herself, through the Auditor and
Treasurer, the matter of Indebtedness on the
part Of the State to both complainant and the
State Printer, and to marshall the assets of
the State OF Louisiana for that purpose. The
State, indeed, is there treated as an insolvent
debtor, whose finances must fall under the
control OF the United States Circuit Court
for distribution La due course of proceedings,
from the Injunction at Issue there is but
step to the appointment Of a receiver.
d. W. Benjamin charges the insolvency of
the State as regards the general funds OF 1879.
and BE brings in the Auditor and Treasurer
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

to ascertain and decree tSis state of In.
solvency for the purpose of having these as
sets Of 1878 placed under the control OF the
United States Court. And we are gTayely
told that this does not make the State prac-
tically party to these proceedingsT
Her finances placed under the control of the
court for distribution, as in case Of insol.
vency and the State not interested Ia the
proceedingI
Had W. Ii. Benjamin brought precisely This
suit In the State court he would have been
dismissed for the additional reason that I'M
der the State constitution, the three depart
merits, Legislative, executive and judicial,
are distinct and apart, and that no Judge can,
by any proceeding known In the State courts
take jurisdiction of the finances OF the State
and proceed to make distribution as In case of
insolvency..
The State courts have no control, nor do
they claim any, over the Auditor and Treas
urer in the discharges Of their official duties
except when mere ministerial duties to be per-
formed by them are at issue.
This is the well settled jurispruden ce of the
Supreme Court. In the case Of the State ex
rel j. Longstreet VS.. johnson, Auditor, and
Dubuclet Treasurer, % An. 982. it held: "A
mandamus will not Issue to compel any Off
GER of the State to perform q duty, unless that
duty ia shown to be purely O. ministerial one"
Numerous cases affirm this doctrine, and it ID
incredible how the independence or integrity
OF either the executive or legislative depart
ment could be manned, II beyond theperform-
anee OF mere ministerial duties the judiciary
could interfere with, direct and control the
discharge OF their respective functions.
Where would be the line of demaroation IL the
judiciary. can administer the finances OF the
State and reduce the Treasurer and Auditor
to being mere quill-drivers Of corrts2
It is high time to face the issues involved
In the overreaching interference OF courts
with the functions of other and oo-equal de-
partments OF government And asregards the
United States Courts, VIC do hope that Judge
Woods views, as expressed on another oc-
casion, will be seconded by Judge Billings;
and that the demurrer filed by the State
Treasurer and Auditor will be sustained.
It is high time that Louisiana should know
and feel that, by her organic law, there are
three departments In her government CO.
equal and distinct; and that Federal courts
have not the authority to take charge of the
functions of the executive department OF the
State, and to hold 1t under vassalage,
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The closing hours of the Republican Senate
as detailed by our correspondent In yester-
days dispatches, is fit finale for that party
IN that august body, although such scenes
disgrace not only the Senate but the whole
American people. Rowdyism is and has al
ways been predominating element of Re-
publicanism. This State has witnessed time
and again in the days OF Warmoth and KeI-
iogg, similar outrages upon decency and do
corum as we are told the American Senate
closed its deliberations with.
III blaekguardism has penetrated the halle
made classic by the patriotism and eloouenca
OF Webster. Clay, Calhoun and host Of nnr,
men, whose memories we delight to honor. and
whose virtues 1t should be our pride to emu-
late, It L. because that party which has been
every thing but faithful and loyal to the con.
stituuon, has too long had power there
As Americans, there can be but one c,nao.
iation In submitting to this disgrace. al Nc
must which is, that the opportunity will
ner1 again occur for the rowdy Republican
rsxty " repeat 1t.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06
COMMISSIONERS OF ELECTION.

Mr.. Charles Cavanac, State Registrar OF
Voters, is now busily engaged In making up
his list OF commissioners of election for the
election to be held in this city, March IS, for
delegates to the constitutional convention. 1t
is his aim and desire to appoint only the best
men to these important positions In
whom the whole community will put It's
trust, men who will see that all the votes cast
are counted, and counted honestly. A large
number of these commissioners will come,
OF course, from the mercantile classes OF this
city, who represent such an important ele-
ment OF our population. 1t Is to be hoped
that the gentlemen chosen will aid the State
Registrar in his patriotic effort to secure an
honest count. agree to perform their duty as
good citizens, and not back down, as many of
our citizens have shown disposition 10 do
In the past.
The election of March 18 is the most i'm
portant that will occur In this State for years,
and 1t behooyes all good citizens to see that
no frauds are committed at 1t. And this Is es-
pecially important for those gentlemen whom
Mr.. Cavanae has chosen to watch over and
guard the ballot boxes.
There need be no fear, moreover, that the
duty asked of these gentlemen will be as
onerous as in other elections The election
of delegates to q convention will be quite diff
ferent from the ordinary State elections.
There will be no long list of names to be voted
for, no scratched tickets, no State, city par
ish and ward tickets to be counted Even IL
the vote cast Is as large as that In rs, 1t cam
not take the commissioners more than two
hours to count all the ballots and make full
returns thereof, and the gentlemen who con-
sent to act as commissioners can safely count
on being home by p. M, after having per-
formed the duties as good citizens.
It Is to be hoped, therefore, that those
whom Mr.. Cavanac has selected as commits
sioners of election will not seek excuses to
escape this duty. They owe this to themselves
and to the community. Il they are unwilling
to protect the sanctity and honor OF the ballot
box; if they decline to protect their rights
and interests, they can3ot complain If cleo
ton frauds prosper. These gentlemen can
assuredly give one day in their lives to,this
duty. knowing full we'll that In SO doing they
are protecting themselves and their interests.
Let there, then, be no excuses, but let every
man who is chosen commissioner of election
accept that position and perform his duty as
a citizen.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The Vanderbilt will case is finished at last
The whole community will be delighted at
this news, and will welcome it even more
heartily than the finale of the celebrated
Beeeher case, which did not exceed it In nasti-
ness, il it was ahead in piquanoy. ALI the
personal habits, eccentrcities and intarmi-
ties OF the deceased Commodore were ruth
lessly torn from the grave by his loving
children and held up before the world Tor ex-
animation and criticism to prove the old man
was insane. The case ended, as it was sup
posed it would, in a compromise, Vim. H.,
the lucky son Who got the bulk of the old
mans estate, agreeing to give each of the
other childreR round million to buy them
off
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The prospects are not iiattering for reduc-
tion Of the national debt during the current
year. The treasury statement for February
shows an increase of $sOO,O0 during the
month, and the outlook is far from cheerful
The revenue from customs and internal taxa
ton show steady decrease. To this unfa-
vorable state Of things Congress has added
by the passage of the pensions bill and other
measures largely increasing the approprla-
tions, while actually reducing the rate Of tax
alton. Even the large reduction in the inter-
est account will not prevent an increase OF the
sfnndnd debt
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

Congress is called to meet March IS. Four
States will not be fully represented at this
opening OF the Forty-sixth Congress, New
York and Texas have both lost representa-
tives in that body ny death, and these vacan-
cies have not yet been filled. By an amend
ment to her constitution New Hampshire has
30 changed the time fol electing her Legisla-
ture that 1t will be impossible for her to secure
a successor to Senator Wadleigh In time for
the extra session. California is even more
unfortunate. Its election Of congressman
has been postponed until September, so that 1t
will be entirely unrepresented In the lower
branch OF Congress during the extra session.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The committee appointed to investigate the
State debt OF Tennessee has made its report
to the Legislature. 1t invalidates about two
thirds of the debt of So. 900 900, principal and
interest, on the ground that tile bonds were
Illegally and fraudulently issued, the debt
itself being created by corrupt means. 1t is
highly probable that the people Of Tennessee
will be relieved from the payment of these
fraudulent obligations. Here in Louisiana it
Is contended that the people have not even
the right to inquire into the legality OF the
debt, and an attempt is made to cry down
any one who intimates that some portion OF
i'll is Illegal and an improper charge upon
the people. Such man is stigmatized In
certain quarters as repudiationist.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06
NEW ORLEANS, MARCH q, Is7O.
LETTERS FROM THE PEOPLE.

From this time until the close of the con-
vention, the columns Of the DEMOCRAT will
be open for the discussion OF all questions
touching the proposed constitution. Indeed
we invite communications from the city and
the country, and we will print them whether
we agree with the views expressed or not, re-
serving, of course, the right to exclude such
as we do not think Of sufficient interest to In
sert. We wish 1t also distinctly understood
that we will not return or undertake to pre-
serve rejected manuscripts.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

Washington gossips say that Mr.. Evarts Is
getting tired of the State Department and
intends to have Mr.. Welsh recalled and have
himself appointed his successor as Minister
to England. The rumor is more than doubt
full, for the reason that the Secretary would
be unable to continue In England the present
nice little arrangement by which he holds a
lucrative Office and his law practice at the
Gaup timp
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

Between this time and November there will
be but four State elections. The first is that
in this State for members of the constitutional
convention; then will come the State election
In Kentucky in August, and the California
election for members of Congress In Septem-
Der. Ohio completes the list with Its election
for Governor In October In November quite
a number of States hold their elections for
State officers, the most important, of course.
being New York
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The New York Herald has just discovered
that $4,000, 900 OF old rags are imported into
the United States, large portion OF which
comes from Russia essentially the land Of
rags. It Is very much afraid that the plague
now prevailing in Russia will creep into the
United States in these rags and, therefore,
wants quarantine against them established
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

Hon James @. White has been nominated
as the Democratic candidate for delegate to
the constitutional convention from the Eight
zenith Senatorial District, composed Of the
marshes OF RapideS and Vernon.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06

The glorious work OF burning Hayes In
effigy and the Chinese quarters now goes on In
every town OF the Pacific slope. Hayes veto
is certainly welcomed by grand bonfire.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-06
THE NEW LOUISIANA kEAEDY.

Greatest Cough Strip of the age, or of
any age. Product of our swamps. Splen.
did for children. NO poison. THIR.
TEEN pages of names of HOME REFER.
ENCES, and increasing! Sold by drug.
gists. Depot No. LOG Camp street, N. o.
ja2 em adp
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
THE pENroNMLLE COLONY.

From A. s.. Denton, manager OF the
Bramble county eastern colony, up the JIM
who made a brief call to-day, we learn that
the pioneers of the colony have. made good
progress In locating their lands and that
with expected accessions they will have a
populous community by fall. About twen-
ty members of the colony haye already ar
rived and have established the village Of
Dentonville, six miles east of Forestburg,
10 Bramble county, or the territorial road
from Dell Rapids to the Black Hills. They
have taken up three thousand acres of the
best wheat land in Dakota-a fragment
from the rich valley of the Dakota river
which is productive beyond expression.
These ~colonists are mostly from Michigan
and New York City-sturdy, hard working,
never failing men and women, who will
make for themselves pleasant homes and a
certain competency in this virgin spot of
the new west. They are among the first to
turn the sod of Bramble county, but their
cannot fail with a reasonable
of industry to back it. Dentonville
will be heard from in the neat future.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
the WEDDING. At RANDALL.

A private letter from Fort Randall says
that the marriage of s. II. Gruber, of this
city, and Miss Hattie Lugenbeel, daughter
of Colonel Lugenbeel, at that post last Tues.
day, was n Of the happiest affairs of from
tier experience. The ceremony occurred at
Christ church, Bishop Hare officiating.
Lieutenants Phister and Caring were
groomsmen and Misses Bessie Sharpe and
Matte Todd appeared as bridemaids. The
Beautiful church was tastefully decorated by
the ladies of the garrison. The bride was
attired in white satin trimmed with point
lace, tea roses and orange blossoms, and the
two trademarks in white silk. A large num-
Der of handsome and valuable presents were
bestowed upon the bride by her friends and
relatives. The happy affair concluded with
a ball in honor of the event, after which
Mr.. and Mrs. Gruber were escorted across
the river to White Swan, whence they de-
parted for Yankton, carrying with them the
best wishes of a host of friends.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
CHANGES IN POSTAL REGULATIONS.

Eds. Press and Dakotaian:-Permit me to
call the attention Of your readers to the fact
that some changes in the postal laws took
effect May 1st., and from the new law I re-
late the following:
All mail matter is now divided into four
classes-1st. Written matter which must be
paid at the rate of Sc for each J ounce, OF
fraction of an ounce. End. Newspapers and
periodicals from a known Office of publica'
tion, issued as often as four times a year for
the dissemination of knowledge to the pub.
lic,-excluding advertising sheets--to be
paid by publishers at &c per pound, sample
copies not included. Sd class embraces all
books, transient newspapers and otLer mat
ter wholly in print not included in class
second. on which postage in full must be
prepaid at the rate of 1c for each 2 o., or
thereof.
On matter of this class the name and the
home of the sender may be written or printed
either on the inside or on the wrapper with
the word "from" preceding it. And on
books a simple inscription mot partaking
the nature Of personal correspondence"
may be written.
Fourth class matter includes all merchan.
disc and all other matter not liable to de-
stroy or deface the mails, or that is not
to kill p%ostmasters, is so wrapped as
to admit examination without destroying |
the wrapper on which postage must be
prepaid at the rate of one cent for each
ounce or fraction. No package to exceed
4 pounds in weight, except single books and
documents printed by authority of congress.
Official matter to and from all depart
ments on public business only to send with
out stamp in an envelope prepared for the
purpose. Very Respectfully,
A. w. Howard,
Postmaster.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
At MRS. MoRRows.

A lady Of ample experience, direct from
Chicago, engaged expressly by Mrs. E. J.
Morrow, is now in charge of her dress max
ing establishment, and will give her exclu-
sive attention to this department of the bus
iness, assuring to patrons the best work and
latest styles. Mrs. Morrow is making thif
branch Of her business a specially this sea
son and is ~endeavoring to meet the wants o
her customers by providing dress makers
of ample experience and excellent taste.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
Dress Goods Department.

TooTLE, LIVINGSTON & co. offer
the only first-class stock of dress, goods in
the city. French and English Suitings in
new shades, all wool Debages in grey and
tan, light weight for Spring and Summer
wear Invisible Plaids, Basket Cloths, Sea-
side Bunting, Black and Fancy Grenadines,
Black and Colored Cashmeres, Alpacas, and
Mohair Brilliantine in best goods imported,
with our usual line of low and medium
priced grades of dress goods, at &c, Sc, 10c,
13!c, l5c, lSc, 20c, and 25c.
Our dress goods department alone occu-
pies a space Of eighty feet, where we exhibit
every fabric produced by foreign and Amer
lean looms. Samples mailed to any address.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
PERSONAL

George B Trumbo, of Choteau creek, ID
in town.
Judge Moody arrived last night from the
Black Hills.
Major H. w. Bingham left this morning
for his Minnesota home.
DR.. G. w. Ira, Of Santee agency, arrived
this afternoon from the agency.
A. L. Human made a trip through the
Bohemian settlement yesterday. He re-
ports crops looking we'll.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
Jat 9xily grsss aud 9atstaixu.
YANkToN, DAKOTA.
Friday Evening, May 2, 1879
LOCAL LAcoNlcs.

HFLL- -
q. q. Mayo, piano tuner, writes us tina
he will be in Yankton this month.
The supreme court will convene on til,
18th inst; with four judges on the bench
Matters are quiet in the police court To-
day, but there is most always a calm before
. storm.
Capt. Miner Of Vermillion, has located Z
stock ranch on Jim river, near Forestburg,
in Bramble county.
Generals Sheridan and Terry inspected
Fort Randall garrison. Wednesday morning
and found every thing in shape.
The money order business at the Yankton
post Office for the month of April amounted
to $15, 1899 I. receipts and disbursements.
Pier q Luebke have taken temporary
quarters in the building on Broadway for
merly occupied by Brennan as . meat
market.
The government cases against Bingham,
Cox, and others, to be tried in the Black
Hills, have again been postponed-this time
until next January.
The contemplated street car line will run
on both Third and Fourth street and will
connect with the new depot, the steamboat
landing and the ferry boat.
Four men are now employed on the chain
gang, under the management Of the street
commissioner. The probabilities are that
the number will be increased.
1t is said that General Sheridan took a
personal squirt at theD Dakota Indian agencies
on his way down the river, and that he is
we'll heeled for Secretary schurz's next
epistolary attack.
The weather indications for the upper
Mississippi and lower Missouri valleys are:
Falling barometer, warmer southeast winds,
increasing cloudiness, possibly followed by
occasional light rains.
J. w. c. Morrison is putting up a wooden
building on one Of his Third street lots,
between the Jencks hotel and Dewey d
Powers' block, to be occupied by NJ. Grady
as a tailoring establishment.
Contracts have been let for the erection of
three two story brick dwelling houses for
Mrs. Jane Redaelli, on the corner of Sixth
and Douglas streets, and a one story brick
dwelling house, on Cedar street, between
Fourth and Fifth street, for J. P. Redaelli.
The United States court is still resting.
Since the rest began four persons charged
with stealing horses and four persons charg-
ed with cutting timber on government land
have been brought up for trial, but the
absence of necessary witnesses has prevent
ed the cases from proceeding. The witness
es in the Livingston cases are all here yet
and the defendant is anxious to be tried.
A number Of email boys were amusing
themselves yesterday afternoon by digging
a cave in the bank of the Rhine. After
working some time the bank caved in and
n of the party, an eight year old boy
named Jay Munsell, was caught beneath
the falling earth. Assistance was procured
and the unfortunate child was rescued, but
without serious injuries. His left leg and
the left side of his lower jaw were broken.
DR.. Miller has been giving the little I
every attention and in time he will
rocover
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
YAxkrox PRODUCE MARKET.

It has been decided that the Chicago,
Milwaukee s. St. Paul railroad will be COM
pleted to Yankton this present season, and
as every old resident of Yankton is aware
there are not near enough tenement houses
to supply the demand, and in consequence
there will be much building done during
the season. In order to build houses we
are compelled to use various kinds of hard
ware, and to furnish q house properly We
are compelled to use stoves and large lots
of tinware, If parties will consult their
stock of stoves and hardware before>pu r
chasing elsewhere. Remember the place,
Sawyer's three story brick block, Third
street.
Ladies try Jenkinson's bottled coda water,
It is splendid.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
A TEMPERANCE LECTURE.

J. H. Hoofstetler, the noted temperance
advocate, has been secured by the temper
perance alliance of Yankton and will give .
public lecture at the Congregational church
on the evening of the 7th of May.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02

Remember the ladies' ice cream party at
the hall on Cedar street, Friday evening.
Dancing commences at 8 o'clock. Admis.
sion as usual.
Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-02
LOTS o SALE.

In Yankton, from $50 to $50 a lot, for the
next three days. Several quarter sections
Of land near town equally low.
w. w. BOOKINGS,
Jencks Hotel.