davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22
SUPREME COURT DECISIONS,
MONDAY, March 8, 1879,
Reported Weekly by Jenkins
a. Little, Attorneys at Law
STATE BOARD Ole EDUCATION.
VS.. No. 2792.

STATE BOARD OLE EDUCATION
VS.. No. 2792,
CRY OF ABERDEEN.
Error to the Circuit Court of Monroe
county, Hon. j. A. Green, Judge.
plaintiff in error sued defendant in error
for certain monies collected by the latter
from various persons for licenses to retail
vinous and spiGtuous liquors, ana appfo-
priated to its own use
A demurrer TO the declaration was slS-
tanned, and writ of error prosecuted there-
from. The case rests mainly upon two
propositions, viz:
l. Whether or not the city OF Aberdeen
is entitled to receive and hold monies arls-
inc from such licenses and appropriate the
same to its own use by virtue OF It's charter
granted prior to the adoption OF the con-
stitution of 1869; and
.. If it was not entitled to so collect,
hold and appropriate such monies, can 1t
be held liable for it upon an oasumpsit
either express Or .iAplied?
S1MRALL, 9. j.
Held
l. 1t would hardly be maintained at this
day that the power of the State, to deal
with and regulate internal traffic in ardent
spirits was not ample. 1t belongs to its
police powers. That subject was carefully
considered in Rohrbacher VS.. City of Jack
son. 81 Miss 1875. Nor would it now be
seriously commended that the Legislature
could not modify or repeal privileges
and franchises which it had granted to a
municipal corporation, at its discretion;
provided it did not interfere with rights
of property OF contract which may have
accrued.
I'd. These municipal bodies had no vest
right either to grant licenses or to the money
received for them by virtue of their char
tiers of incorporation, which the Legislature
could not resume.
Sd. 1t is quite well settled in tonstitu-
tional law, that municipal corporation is
not contract in the sense of tho Federal
Constitution 1t is delegation in part, of
the State sovereignty to the local body, for
the convenience of local government, which
may be withdrawn in whole OF part at the
will of the State The charter does not
create contract between the municipality
and the State, and it has not such pro-
pretary interest in money, authorized to be
raised by its charter, as would prevent a
subsequent Legislature from giving another
direction to such money.
4rh. The corporation is liable in implied
assumpsit for the money collected for
such licenses, and appropriated to its own
use.
9Th If any part of the demand sued for
is composed of collections made by the city
since the passage of the act of 1919, they
are not recoverable. because such licenses,
without paynl, ut to the Sheriff, were void.
Judgment reyol1ad, demurrer ovorruled,
and cause femandea.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22

JOHN H. ECHOLS,
REVENUE AGENT.
JACKSON, MISSISSIPPI.
attend to all Land Rodemptions and purchases
In Levee District free Of charge.
II you have your own scrip or bonds send them |,
II not / will furnish same at market price.
FOR SALE OR EXCHANGE !

A SMALL PLANTATION with stock and farm
N ing implemenns,etc miles from jackson;
800 acres fine bottom land 40 acres cleared and
under goood fence, small residence good cstern
Young orchard, and fine stock range, will be sold
cheaper exchanged for resigence in or near Jack
son. Apply to THE COMET Office. 1t,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22

We learn that last week Mrs. Glenn and
Mr.. Joe Lynch were both bitten while att
tempting 10 hlll a mad dog They sue
ceeded in killing the dog. bat not until he
had bitten slyeraI hogs. Ihey both lert
shortly after for Poplar Springs in tiis
countyto try the efficacy Of tn mad stone
in possession Of gent, miviugthere.-
New Albany Denlocrs
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22


| THE STATE.
Error to the Circuit Court of Copiah
county, Hon. s. $. Calhoon, Judge.
Rambolt was tried upon an affidavit
charging that he did ''wifully and mali,
ciously shoot and injuro certain horse the
property of said Danahuo in said county
&c But failed to state that the shooting
was done "out of spirit of revenge or
wanton cruelty
The proof established The fact of the
shooting and Rembert was found guilty
both in Justice and in the Circuit Court.
In The latter there was a motion in arrest of
Judgment upon tho ground that the affidavit
described no offence under the statute.
CHALMERS, j.
Held
l. The words "out of n spirit of revenge
or wanton cruelty are merely descrip
tive of the words ''maiciously' as here used.
They are parenthetcal, and may be wholly
omitted without altering the sense. 1t Is
just as if the language was 'any person
who shall maliciously, that is to say
either in spirit of revenge or wanton
cruelty" &c.
2, In Thompsons case 81 Miss. 1858 the de-
feet was that the word "malcously' as well
as the words out of a spirit of revenge or
"etc, ETC., cruelty was omitted This was
held t. be error.
3. The court below did not err in over
ruling the motion in arrest of Judgment in
this case. Affirmed
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22
WANTED.

A PERSON of experience and good taste, with
N snail capital to take charge OF n military
Enlistment References required Address +
TUJAGUE, No IL, st. Charles ST., New Orleans,
Louisiana.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22

!. The lawyer shall not aniagonize his
client. If he buys property upon which
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-22
AGENTS WANTED.

Apply to w. A Roy, Winona, Miss, or Z. W,
Peabody, West Point, Miss General Agent for
Es st MissisSinDi,
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

New sleeve-buttons are composed of
beaten gold and have several gems set
in each indentation. Double buttons
connected by a swivel are newer than
studs.
Corsages with deep, long points are in
favor for full-dress occasions; so are
coat bodices cut low in the neck and of
different material from the rest of the
dress.
AS further evidence of the extent 10
which bright colors are worn are wine
colored and blue cloth wraps bordered
with bands of cashmere, and ruby
gloves, just now the fancy in Paris.
Satin is the principal element of all
elaborated toilets ut present. whether
for house, street or evening wear
Among trimmings popular for ball
dresses, as well as evening garments, are
birds set on in groups.
Buttons of finely grained woods, tax
ing on brilliant polish and having
monograms cut on them, are seen on
some of the handsome imported cloaks !;
other novelties in this line are those OF
walnut relieved with trimmings of oak.
Numbered with new bodices intro
duced in Paris dresses is the Guernsey,
or Veronese cuirass, as it is respectfully
called in England and Paris. 1t is COM
posed of elastic material and fits the
figure without seams, being laced at the
back.
Fur muffs are carried with costumes
trimmed with fur. otherwise they
should match the bonnet, not the dress,
as of old. A recent fancy ins mutfs are
fiat ones to correspond with the fiat fur
stoles worn in place of boas. These are
tied in front with satin ribbons.
The rage for fur trimmings continues
BOnnets are not only finished with
bands of fur, but are composed of it,
Other novelties in bonnets are those with
handkerchief crowns and plush brims
in copy of one embrac, d in the trous
seau of the youthful Queen OF Spain
Long-heeced FUR hats in black and cream
colors, with low crowns and wide brims
are in favor. Epingsline, velvet shot
with several colors, is a fashionable ma
terial tor covering bonnet frames, as i:
satin and satin de Lyon. New ribbons
have teathered edges; Others are reppeG
with satin borders.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
Longevity Notes.

Mrs. Anna Ray, of Dunbarton, H. H.,
who died some weeks ago, was in her
Tooth year.
A bed ridden colored woman in the
Kings county hospital says that she is
l0l years of age. She was born in Flat
bush.
The first eentenarian of Mauch
Chunk, Pa, died recently in the person
of Mrs Rosanna Murphy, who was 104
years Of age.
Near Passaic, n. j.. Henry Kipp lives
with his only child, Mrs. Michael Van
Winkle. He is just closing his first
century of life.
A farmer of Hampton, N. H., in his
eighty fifth year, has suddenly come in
possession Of his eyesilht. He has been
unable to read common print fifty years.
At the age of lO7. Henry Goens, of
Lawre ce county, Ohio. has been gath
cred to his fathers. He lie forty-five
children, having been married five times.
The Little Sisters of the Poor in
Brooklyn have one room in their build
ing devote to women over 100 years of
age. There were recently five inmates
of the room.
The parents of Mr.. Blinn, of Pratts-
vile, Greene county, were overjoyed at
his birth, and named him Arrival.
After ninety-three years, he met his
death recently by being thrown from a
wagon. He was a pensioner of the war
OF 1912.
In Fulton county, Ga, a man named
Gregg still lives who guarded the great
Napoleon during his captivity on board
the Bellerophon, pr.vious to his depart
ure to St. Helena. He was in the Brit
ish service, and stood guard at the
cabin door.
Although ninety years of age, Little
ton Smith, of Edgefield, S. c., can jump
up and strike his feet together twice be.
fore touching the ground. He has
eight children, fifty-five grandchildren
1913 great gran dchildren, and eight
great great-grandchildren.
A most eccentric farmer was Calvin
Hill, recently deceased in his ninety
| fifth year. He lived at Somers, Mass
! He would never begin a piece of worl
on Friday; would never kill n hog un
less the moon was going to the full, 81
that the meat would swell while cook
| ing. He cut his finger nails at statet
times. A flock of crows was to him al
omen of bad luck.
The proprietor of the circus in Champ
Elysees, Paris, was M. Dejean, who's
death is announced at the aye of ninety
four. He started life us butcher, am
his good looks brought all the cooks t
his masters shop, who, on retiring, lei
him the business. Amassfng fortune
he started circus which he has owne
halfa century. He was remarkable fo
his strength.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

In most Of the papers may be seen an an
nouncement OF new rubber boot, made by
the Can dee Rubber Co., Of New Haven, Ct.
This notable boot marks q new era in the
manufacture OF rubber goods. The boot is
called the "95 Per Cent. Sterling" to denote
its high quality, and is covered by no less
than seven patents, all owned by the Candee
Co.! One OF the boots split to show its exact
character is on exhibition at the stores, and
shows an article of genuine service, that is
seemingly indestruetable. The company war
rants these boots three months, although
there is abundant testimony that the boots
will sand six months hard wear every day.
The " Candee" is the largest rubber goods
company in Tie world, and its warrant is
equal to bond. One OF the patents referred
to covers binding for the top OF the leg, in
which are engraved spaces for every day and
month in the year, so that the storekeeper
can punch out the date OF sale. and SO fix be-
yond dispute the duration OF the three months
warrant. Altogether, it is the most wonder.
tul boot that has vet appeared.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
Words of Wisdom.

Virtue is the safest helmet--the most
secure defense.
No rank can shield us from the i'm
partiality of death.
The power of eloquence is sometimes
superior to military force.
Flattery is like your shadow; it makes
you neither larger or smaller.
1t is in the power of the meanest TO
triumph over fallen greatness.
we take lessons in art, literature-a
thousand things; but that high sense OF
honor, mans obligation to man, is fer
gotten.
A mind unsteady of purpose is like a
toy balloon veering with every wind,
drifting in many directions and arriving
at nowhere.
Twenty men who believe what they
profess and live as they believe, are
worth more than five hundred hypo-
critics to ony good cause.
Write your name by kindness, love
and mercy in the hearts of thousands
you come in contact with year by year
and you will never be forgotten,
Anybody can soil the reputation of
any individual, however pure and
chaste, by uttering suspicion that his
enemies will believe and his friends
never hear Of.
Events are only the winged shuttles
which fly from one side of the loom of
life to the other, bearing the many col
ored threads out of which the fabrics of
our character is made.
No man can be thoroughly manly
nor carry the blossom, bloom and fruit
unless he has in large measure what
belongs to good body and q well regu-
lated mind. Asceticism never made a
good man. -~e~
He who travels with his eyes open
cannot fail to see that others, as well as
himself, have their discomforts and
drawbacks. and he will thus be all the
more disposed to meet his own with a
brave spirit
If all thenapkins that contain the one
talent were unwrapped by those who
| have tied them up and sit complaining
at the world for its favoritism, plenty,
contentment and happiness would be-
come universal
Happiness is like mama; ii is to be
gathered in grains and enjoyed every
day. 1t will not keep; it cannot be ac-
cumulated, nor have we to 60 out our
selves into remote places to gather it
since it has rained down at our very
doors, or, rather, within them.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
An Athletic Statesman.

The caricature that the French artist,
Gill, recently made of Gambetta, repre-
senting him as an athlete, is said to be
Il very faithful likeness. Gambetta is
really an athlete ofuncommon strength.
His arms, especially, are unusually
large and powerful. He is fond of row.
ing, and is regarded as crack oarsman.
Two years ago he began to fall rapidly
into flesh. His physicians ordered him
baths and exercise, and Gambetta went
under regular training to pull himself
down. He succeeded in reducing him
self, but he still exercises like pr,fes-
sional gymnast. Every morning he
twists himself into all sorts of positions
on the trapeze, while his secretary reads
to him in a loud voice all the principal
articles of the daily papers. Gambetta,
Notwithstanding his great strength, is no
fighter, although his energy during the
Franco-Prussian war gave rise to the
opinion that he was possessed of con-
siderable combativeness. One day the
Admiral Fourichon, incensed at Gam
betta's orders to his agents to draw lib
orally upon the marine arsenals, re
preached him bitterly, and finally, in a
lit of rage, seized him by the throat.
Gambetta could have crushed the ad-
miral with his powerful fist, but he
never made the least resistance, and
finally reasoned calmly and good natur-
edly with his fierce opponent. "That
big fellow" said one of his physicians,
lately, is taking such good care OF
himself that he will surely die in the
skin of conservative, and not in that o.
factionist, as President Grevy pre-
dicted."
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

A Boston correspondent writes: i
read somewhere lately a futile attempt
at definition OF the word fashion"
1t is an impossible task to put it in
words, but we see it in facts every day
of our lives. But when has such strik-
ing illustration of it been shown in any
twelvemonth as during that just pastp
One short year ago women wore the
sheath-like costume, trimmed all over in
patchwork style, with long close. fitting
basques. and not a sail about the whole
craft that was not tightly furled. And
now-but let me describe a beautiful
lady who rode up town in horse car
opposite me the other day. Shewas tall
and graceful. and blonde. The skirt
of her dress was of fine, soft, gray cordu-
roy, with silvery CLEANS in it. 1t was
perfectly plain, without a sign of trim
ming of any sort, and was hemmed at
the bottom instead of being braided.
There was an overdress of some black
material, in points at the sides, and
punched up drapery behind, but it only
showed when she rose to leave tie car.
AS she sat, only the plain gray skirt was
seen below the black silk mantle, trim
med with rich fringe. She wore a
broad brimmed black felt hat, set back
on uue ledu enough W SLOW llie llSIll
hair parted on the forehead, and waved
away from the face in the style of five
years ago, and trimmed with long
black ostrich plume, dropping over the
right side of the hat brim it's entire
length, the end curling upon the looped
braids of black hair. Long wristet
gloves of black, undressed kid, and tllt
tiniest of diamonds studs in her ears
competed this simple costume. Buj
beneath it was worn an unquestionabl'
hoopskirt!
Now. what arc we to believe in thi.
mattcrP One authority says positively
that hoops are not going to be worn
Another. just as reliable, says that the,
are, and not so slowly either. bein!
adopted by fashionable ladies on botl
sides of the Atlantic. Certainly the re
vival of plain skirts would give SOM
color to the latter statement, for un
trimmed dresses are not apt to " hang
very well unaided. But there is tim
enough. One need not hasten to adOp
such an innovation in dress, and espe
cially those who remember by experienc
the lost reign of that despotic molarch
the hoopskirt, will not be too ready t
bend the knee to his yoke secon'
time.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
A Hot water River.

The protector of the Sutro tunnel is of
the opinion that the hot water whicbsis
SO troublesome in the Comstock IN mes,
in Nevada, comes fromsa depth of ten or
fifteen thousand feet, where the rocks
are at high temperature; also that
there must be some connection between
the water of the Comstock lode and that
of the boiling springs at Steamboat, six
or seven miles distant.
One of the great advantages of the
tunnel is the means it affords for drain
ing the mines. The tunnel discharges
about twelve thousand tons Of water
every twenty-four hours. To lift this
water to the surface would cost not less
than $4,000 a day. Some of the water
has temperature of 165 degrees where
all the water mingles; four miles from
the mouth of the tunnel the temperature
ranges from 1870 degrees to 1876 degrees.
If left to flow through the open tunnel
this water would so fill the air with
steam as to make the tunnel impossible.
In flowing the four miles through a
tight flume made of three inch yellow
pine, the water loses but seven degrees
of heat. At the mouth of the tunnel
the water is conducted sixty feet down
q shaft to water wheel in the machine
shop, whence it is carried off by tun-
nei eleven hundred feet in length, which
serves as n tail race. From this tunnel
the water flows mile and half to the
Carson river.
This large flow of warm water is now
used for many purposes, the first to
! utilize it having been boys who made
small ponds to swim in pioneers, ii
may be. in establishing q system OF
warm baths, which may ultimately
become great sanitary resort. The
water can also be turned to account in
heating hot houses and for irrigation.
The tunnel company have farm of over
thousand acres which, when properly
watered, is very fertile. In course OF
time there will probably be many acres
of fruit and vegetables under glass at
this point, all warmed and watered by
! the tunnel water.-Scientifc american.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

The liver if it is dormant, and avoid a train of
evils which must otherwise ensue. Among
anti-bilious medicines none rank so high ms
Hostetter's Stomach Bitters. 1t speedily BAN
i.hes those pains in the region OF the affected
organ, the yelowness of The skin, nausea,
vertigo aid SICK headache, which attends o
bilious attack. 4 bilious subject, after a briei
course OF this cpital liver stimulant and in
vigorant, finds that his tongue is no longer
turred in the morning, his breath is grown
sweeter, hundred inexplicable sensations no
longer make bis lie miserable, his bowels
have acquired the s,eadiness of we'll regu-
lai ed piece ofmechanism, and he can eat with
II hearty appetite and good digestion. 1t is
because the Btters assists nature in heI
efforts to bring back the disordered liver and
bowels to their normal condition, that it 60
complishes such remarkable cures.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
FOR THE FAIR SEX.

when IL is Best TO Declare Ones Love.
The following lines were taken from
the scrapbook Of a grandm other:
Longlived will the happy maiden prove
Whose lover on Monday declares his love.
Plutus and Hymen will sweetly smile
If on Tuesday she yields to her lovers vile
Wednesday they tell me is lucky but rain
Will dampen your prospects, oh refrain
Bash maiden, norplunge into deepest woe.
II he sues on Thursday, bid him CO."
Friday, tho some foolish folk may doubt IL
Is perfectly safe, that's all about it,
Have no fears, maiden, all will go well
If on Saturday he his tale doth tell.
AS home from church you wend your way,
And one short word is all you say.
Oh, happy maiden, you'll be blest;
Your joy begins on the day OF rest.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
A Lake Rooted with Salt.

No. it isn't frozen salt; and it isn't un-
der the ground. 1t is in summer time,
and open to the sky. And this is the
explanation;
In Siberia, where this wonder is to
be found, the summer heat is intense,
and turns the upper part of the waters
of the lake into light mist, which
floats away into the air. The change
from water to mist takes place so quick
ly that large masses of salt are left in
solid crystals. which cake together,
arching slightly over the water, and
forming a roof eight or nine inches
thick, so strong tnat beasts of burden
pass over it in safety, drawing their
loads behind them.
Now, is this salt root good to skate
onP That is the question; but what's
the answering. NichOlps.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
Don't Get the ChilIs.

If you are subject to the ague you must
be sure to keep your liver, bowels and
kidneys in good free condition. When
so, you will be safe from all attacks.
The remedy to use is Kidney-W Wort. 1t
is the best preventation of all malarial
diseases that you can take. See large
advertisement.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

The Mirror and Farmer, a large news,
family and farming paper of forty-eight col
umns, having larger circulaffoz than any
Other weekly of its class published ~ New
England, outside OF Boston, will have each
week the coming year a department specially
devoted to "reminiscences, sketches and army
experiences OF New Hampshire and Vermont
soldiers in tho rebellion war. Price, Sl0O
a year; to soldiers only seventy.five cents
a year. Sample copies tree. Address John
b. Clarke Manchester, N. III.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
WDied In EurOpe,'

"died in Denver;" and so on is the
news received by friends at home daily.
when in most cases an early use of Hop
Bitters would have saved the occasion
for such sad news. See other column.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

There is not Turkish family, rich or
even in easy circumstances, which has
not a certain number of women and
children in bondage. There are black
slaves and white.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18

TheN,ret0e Is generally the hest
guide to food that is needed to build up
the wastes of the body. A morbid or
unnatural appetite can usually be dis
from a normal one.-Dr.
Foote's Health Monthly.
The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1879-12-18
paughters. wives and elothers;

Dr.. MARUHISIs UIbhIN EUAIHULIEUN "Il PusI-
lively cure Female Weakness such Falling OF the
Womb Whites, Chronic Inflammation or liberation OF
the Womb, Incidental Hemorrhage or Flooding, Painful
reliable remedy Send postal card for pamphlet with
treatment, cures and certitcates from physicians and
patients, TO H0WAR1H 4 BALLARD, UrcA, N. T.
Sold by all Druggists 81 80 per bottle.