The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-04-29


tuted an eviction emitting the lessee com.
pany to RECESSION at this time of contract OF
the lease. Third, that the covenant OF the
lesser company to arrange, provide tor, ad-
inst and classify their bonded indebted
ness to the extent agreed on was not q
condition precedent to the performance OF
the lessee's covenant to pay the stipulated
rental, but it was a matter OF substance,
not of mere form. 1t was material part
of the consideration of the covenant to
pay rent, and the lessee was entitled to
have the lesser's covenant performed with
in a reasonable time, and the complainant
was entitled to decree which would COM
pei its performance. -,
The court gives the lesser Company till
the 1st of January next to make an ad,
justment and classification of its bonded
Indebtedness as stipulated IN the amenaea 1e!s
lease, and in default thereof the complain
ant has leave, on that day, to move for
decree resembling the contract OF the
lease and for settlement OF the accounts
on such terms as may be equitable. What
were the rights of the mortgage bond,
holders against the lessee corporation and
against the Pennsylvania Railroad Com
pany, Independent of the question OF q
recision, the court said was not involved
in This case. and no expression of opinion
about it is made. With regard to time
when the accrued rental, amounting now
to more than three million dollars, should
be paid by the lessee, there was no de-
cisiye expression of opinion, but at the
request of the counsel on both sides, JUS
tice Harlan announced that he would hear
further argument on this point at Chicago
on the I'd of June next.
DEATH OF CONGRESSMAN CLARK.
Congressman Rush Clark, of Iowa, died
suddenly at his rooms this afternoon alter
an illness ofonly few hours. Mr.. CLARK
was in good health yesterday, and on Sat
urdav occupied his usual seat in the
House of Representatives. He was taken
sick at 8 o'clock this morning with an at
tack of meningitis, and although prompt
medical aid was summoned he continued
to suffer extremely, and died after only
twelve hours illness. The news OF his
death was generally circulated this even
ing, and is received with universal ex-
preston of sincere sorrow.
DETERMINED TO DO IT, AND NO MISTAKE.
There is now no reason for doubling that
the President will veto the army bill, ana
he has, after consultation with the Secre-
tary OF War, prepared a draft OF the mes
sage which will be submitted to the Cabi-
net at its meeting tomorrow, and send to
the House before adjournment If the time
permits; if not the bill will be returned
with the message on Wednesday. The
President, it is said, takes the view that
the subject is of too vital Importance to
allow him TO hold the country in suspense
as to his action tor any unnecessary
length of time, and will, therefore, an
nounce his decision promptly. 1t Is also
intimated he takes the ground that while
there has been no menace on part oil
the majority of Congress, the declarations
of acknowledged leaders, protesting to
speak for their party, after the caucus de-
liberation, amount to virtual threat to
the Executive, entirely unwarranted by
the relations which exist between the Ex-
ecutive and the legislative branches OF the
Government.
A DECISION BEARING ON JURORS TEST OATH.
The Supreme Court, decision No. 2S5,
Geo. Burt, plaintiff in error, vs.. Maria NJ:
Ponjond, in error, to Circuit Court OF
the United States for the Northern Dis
trict of Florida. This was an action Of
eiectment brought to recover the posses
sion of two lots of land in st. Johns coun-
ty, Florida, which the defendant in error
claims under certain deeds, conveyance,
and by virtue of alleged prior possession.
Among the errors assigned was the ruling
f>the lower court to the effect that a GER
tain Henry Holmes, called to be Juror In
this case, was not obliged to answer any
questions touching his qualifications as a
Juror, under section $40 OF the revised
statutes, under this ruling, to say whether
he did or did not participate in the rebel
lion. He was challenged on the ground
that he was disqualified under the aforesaid
section of the Revised Statutes, and the
court overruled the challenge. Upon this
point the court holds that juror IS no
more obliged than witness to disclose on
oath his guilt of any crime, or of any act
which would render him infamous in Or
der to test his qualifications as juror.
The questions asked him If answered in
the affirmative would have convicted him
of crime of treason, whether pardoned
bya general amnesty or not. The crime
was one, which, in the opinion OF this
court, he could not be required to disclose
in this manner. If he was guilty the
challenger had the right to prove it by
other competent testimony. AS he did
not offer to do this, and as the jurors in
competency was not proven, the court was
not bound to exclude him. AS to the owner
ship of the lots this court holds there is
sufficient evidence of defendents in error
prior to possession, and that she is entitled
to them both. Justice Miller delivered
the opinion.
Justice Field delivered a separate con-
curing opinion with regard to the test
oath demanded by Juror Holmes, as
follows: 81 agree with the court that
Juror Holmes in this case cannot be re-
uuired to answer the questions put to him,
but go farther. do not think that the
act OF Congress Which by requiring test
oath, as the past conduct excludes a great
majority of the citizens of half of the
country from jury tax is valid. In my
Judgment the act is not only oppressive
and odious and repugnant to the spirit OF
our constitutions, but is clearly unconsti-
tutional and void. AS a war measure to be
enforced in the insurgent States when
dominated by the national forces the act
could be sustained, but after the war was
over and the insurgent States were restored
| to the normal and, constitutional relations to
the Union, it was as much out OF place
and as imperative as would be law
quartering a soldier on every Southern
mans house. Justice Strong dissented
from the opinion OF the court.
Veto Statistics.
WAsIIISGToN, April 27.-1n view OF the
forthcoming vetoes of the army and legis-
Iative bills, compilation of all the vetoes
from the foundation of the Government,
made by Representative Belford and
printed in the Record to-day, is attracting
attention. The list disposcs of many
statements made by the Democrats in de
bate in regard to the previous exercises o.
the veto power. There have been ninety.
three vetoes i'll all. Washington vetoed
two measures, one of which was a reduC