davidaulloa/AmericanStories huggingface dataset:
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
INSTRUCTIONS FOR THE PLAINTIFF.

1. II the Jury believe from the evidence
that Philip r. FendaII, for and on behalf of
the owner Of the property in controversy,
prior to the sale thereof Of The tax commits
sionerS, OH the 18th day Of January, 1864,
offered to pay the amount chargeable on
said property, under the act OF Congress
entitled can act for the collection OF direct
taxes in insurrectionary districts within the
United States, and for other purposes" ap-
proved June 7, 1862, and the acts amends
tory thereof, and that said offer was refused
by said commissioners because it was not
made by the owner in person, then said sale
was unauthorized and conferred no title
upon the purchaser. -
=: II the jury believe from the evidence
that the commissioners prior TO January H.,
1864, established, announced, and uniformly
followed general rule, under which they
refused to receive on property which had
been advertised for sale from any one but
the owner or party in interest In person
when offered the amount cbargeable upon
said property by reason OF said acts OF Con-
gress, then said rule dispensed with the ne
cessity OF a tender, and in absence OF proof
10 the contrary the law presumes that said
amount would have been paid; and the
Court instructs the jury that, upon such 4
state OF facts, the sale OF the property in
controversy, made on the said 18th day OF
January. 1864, was unauthorized, and con-
ferred no title upon the purchaser; and
they must find for the plaintiff il they be-
lieye from the evidence that but for said sale
he has good title 10 said property.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
lancaster County

EnHcasteF County.
LANCASTER COURTHOUSE, January ,, -,
ii Editors Dispatch General E1 ~,
1ority VIII reach 10 or Is in .hi. cour,s M
very small vote pofIed. "H'?' 4
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
MOZART Association
LECTURES.

Sc DOOR KIN"
4 LECTURE By
REV. 7. r. EATON. ~. d., Of pct"r>hIr-.
IN
....r .r FIRST BAPTIST CHURCH.
FRIDAY EVENING, January , Il. n ,.'.hs,.
& Tickets. 25 cents: TO bc lad 1T Josiah l!I.ri {
Co.'S. West L Johuston's, and II America l.r.
Society. Vs. u -''.N.
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
Y1NGLIsH FINE SALT.

DAVENPORT & NORRIS ofltr ot ;I iro ~ u s.
or HE btk Ca-i friedrich, jus! SsnKGE ~ !
- 80. s consisiins of 4,25o SACHS T.ttury sit~
S SfS,S Sane and RUCkLEY'S BRAN&>' "a 2:rH
slad f,ill-hssachet sacks -----s.=~
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30

Governor lance has designed, to lake
effect February 9th,
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
LADIES SUPPER.

THE, LADIES SEWING-CIRr LIZ OF
l. THE FIRST BAPTIST CHURCH WI haze
SUPPER on FRIDAY EVENING. 3 y. .r,IU =,
l O'Clock. IN The basement Of III" church. \ '"t.
dial invitation is extended 10 nj. Supper! - re.'.
liz 3u-2iN ..
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
FINANCIAL.

TNEN PER CENT. CAN BE ob ! \ - go
l. On GOOD REAL. ESTATE ~Et EIi :. &c
safest of ri, Investments. United state i"'i
bonds are now selling i: par. Compare TIE .." :
cDer:
81 900 for 80 years at 10 per cent. ,,..r,
amounts to....... ...........-...'''.': A''''' -
il 600 for 80 years az per crI'' ....t.
amounts tb.... .----.....'...-.''' "'-
,;,a. n sr.-"@ 20
Money received fer tnr">ttnent re, - -
lenders. CHAftl1, SiAitI'
il 29-4t .-.----
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30
HOTELS.

The location OF this fayorie h"trl l. unS@ri'1''H
for convenience OF men or business az iaHi.H' ''-
jorrniEg In The city.
No caprt will be spared 10 Dlun'aIn H. '''1 70
l>i.cd reputation for the excellence oi rs 1'' ana
quiet, home-like comforts.
IL 2a-2taISw ii. GRAN>!bH IT,"
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30

. ttpnaIitY. lis eyys Totisd be liable to fall
Enot 0r1iy unon dtsI0yfM bu. upon the most
IIoyat cittizens. A severe illness, lasting only
ninety or hundred days, would subject
Ithe ossDer Oh land 60 the ec'aimable loss
| OF its possession and Of all but two thirds
OF Its value for tie period OF advertise
ment added to the sixty days allowed ;by the
| act for redemption would require an illness
OF less than hundred days to diyest citi--
zen Of his estate. = 80
we cam imngiDe,, too, case Of even
gTosser Injustice which might Happen by ac-
,gident, though. my respect for the Govern
mont forbfds me to think itcould De morally
posslble by design. Itmight happen by ac-
cident that Government. desiring piece OF
land belonging to q ioyal citizen engaged in
Its military service, might in time OF war
order his command to distant and pro-
tracted service, rendering it impossible for
him 8. to; appear in person before the tax
commissioners and pay the amount OF his
tax" and thereby bring on a sale OF 1t for
taxes, at which sale it would itself have
the power 10 obtain the, land irrecaimably.
The familiar expedient employed by King
| David towards, Uriah would be repeated
| by accident. l doubt the constitution
atty, OF any provision Of a. lazy Tor
traising revenues which would subject
to forfeiture lands upon which tue taxes,
! when rendered; in behalf OF the. owner,
Iwould bysits :own.termsibe prohibited from
being received. "A law passed for raising
ltaxes--n containing provisions inficting
without trial, disabilities, and penalties for
political conduct, in defeat OF revenues
| would be construed by any court literally
| in aid OF the provisions for raising revenues,
and very narrowly as to the provisions in
fictiDg penalties in defeat Of revenues.
think I may construe the decisions OF the
Supreme Court in the two cases which
| have been cited as going to the extent of
holding that the owner OF land assessed for
| taxes under the laws Of 1S62-'G3 might pay
them, or tender or offer TO pay them,
throughan agent, at any time before the
tax sale, as against all purchasers, whether
private individuals or the United States. l
therefore feel bound to refuse the Instruc-
ton No. l, prayed for by defendants
counsel. sa.s .ls..
On the other hand, on the authority OF
the decisions OF the Supreme Court IN Ben
nett Us. Hunter and Tacey Us. Irwin, rem
dered upon the proceedings OF the same lax
commissioners as sold Arlington, and the
validity OF whose certificate OF sale is now
impeached on the same grounds as were re-
| lied upon in those cases, feel not only au-
| thorized, but bound. to give the two in-
structions asked for By the plaintiff.
|. They are in these words:
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30

against the United States. I have already
expressed tbeIopinion that the language IN
the clause OF section: SeCen referred to does
not apply to a sale to the Government made
under direction OF the President, as this
sale OF Arlington was. But even il the
case were otherwise. do not see how such
distinction as counsel have taken can be
maintained. - = ...',sA'Jl ~ = ~
iiThe decisions in Rean Us. Hunter and
Tacev Us. Irwin were intended to define
the rights OF owners OF lands assessed with
taxes. during the period anterior 10 the tax
sales. The first decision distinguished be-
tween the rights Of d Landowner before the
tax sale and his rights after the sale. 1t held
that as the object Of the law undef review
was TO raise taxes ana not to indict penalties
for political conduct, 1t MUST be construed
with reference to md in aid OF that object.
| It held that, an owner or taxed land had
Alright to pay the. taxes due through friend
IIrepeat, >discrimiDated betweea this right
OF paying tdpGS by an agent and the all
sence Of the right to redeem binds aftes
their sale for taxes exceptin person. These
decisions establish tie rigLb Oh any owsel
Of land, taxable ander the kMs OF Congress,
imposing disees taxes, TO pey the tax by :;
ttriend or agent at any tizie before !e. tina saN
sale, z5ss =, s y & 20. *
T. IL the owner bad, this right to tender Of
offer payrnent Of tax through friend q
agent az any time before a sale, IND tn
fright wns denied him. then 1t is dSsscuit Il
Isee how. o subsequent sale to particular
purchaser coTld, BIZ sT post Jacio and pena
3Eopssation, annul hat right. A iawi Whiel
Emakes such Discrimination would seem t
be Hncanstitutiol i Tot only In giving TO Al
i act performed by Gnyernment official
4 under Z it an eT post facto and psnq
4 iehects bat also I'M depriying 4 a PEI
i son Of b his Vested right in EfopeEt
libby q process fetEes than e due process
1 f3iaai, ras thae rhfpss Is used by tliest Iot
{ s.itution. The impolicy OF such 4 pr0pisio
10! iaW Is as obvious to me as ii. uaeons!it,
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-01-30

in section SeUeR, the object Of which section
was not to determine the rights and duties OF
the owner Of taxed land,i but the powers
and duties OF the tax commissioners after
the owner had failed to pay the tax. It was
not necessary for the Court in this case to
look; beyond and above the terms of the
statute in9determining the rights OF the
owner, OF taxed land bit think it, was
[esidently;lin its mind that there! WAS
no power in. Congress to impose conditions,
much less disa biiities, upon the owner OF
land subjected to taxation ss to the manner
OF spaying the tax at any time before the
ldipestiture of his title by a tax sale made
after delinquency and forfeiture. 1t dis
| tinguished She indefeasible right Of the
I!oWner;to pay. the tax by an agent before
sale from the right OF redeenaing the land
after forfeiture and e-intimating that
Congressimight properly limit thef3risht OF
redemption to the owner in person, while
1t could not constttusionally prohibit pay
ment Of the tax by an agent before thesale.
say thatit was not necessary for the Court
/ to resort to this higher ground in deciding
Bennett Us! Hunter, but from the tenor and
spirit OF its lang ] am persuaded that
the proposition was in its mind that Con.
gress had no powerto restrict the owner OF
land in paying the tax to payment I'm his
own proper person.
| In the case oil Tacey Us. Irwin, is Wal
lace. $40, the tax sale OF the land had been
made to q private purchaser under the first
quoted clause OF section seven. In that case
fno tender OF the tax had been made by
Irwin agent, The language Oh the record
Lon this point In the Courts finding OF the
facts is 81
seWhi,st the said pren1ises, however. were
The Worthington advance., 1879-05-01
Floors and Carpets.

from the American Agriculturist.j
There Is strong protest offered, IN dlf-
ferent ways and from various sources,
against our long established practice OF
making poor floors, with the design OF
keeping them covered with carpets
stretched and fitted to every part and
carefully tackled down. Carpets in daily
use cannot be Kept clean except by very
frequent shaking and beating, aud they
do much towards corrupting the air by
retaining impure gases, hiding the finest,
most penetrating dust in their meshes
and undernea'h them and by giving of
particles of line wool into the atmosphere,
with other dust, as they are swept or
walked upon. There is demand for bet
ter floors, not necessarily inlaid or mo-
saics, of different kinds of precious wood,
but made double, Of strong seasoned
wood, that will not shriHk or warp
(spruce, however we'll seasoned, is almost
sure to warp), and then carefully finished
SO as to be durable and easily cleaned
Carpeted floors seem relief TO the house.
keeper, when once the carpets are pro.
cured and fitted to the rooms and tackled
down, because they do not show the dirt
as the bure floor do. But oh! when they
do get full of dust! And when house
cleaning time comes and they must be
taken up and shaken and whipped as
they we'll deserve! With warmly made
floors and large warm rugs, couldn't We
do without these abominatous even in
winter? Certainly our rooms would be
cooler and sweete- without them in sum-
mer. But in that case we must take
more pains with our floors, and we must
have something better than the common
unpain ted ones.
The Worthington advance., 1879-05-01
The Cracked Lincoln Medal.

OleVeldn0 Leader.
There is bronze medal in the United
States Treasury department with which
there is little incident connected that
may carry conviction to the souls of be.
llevers in omens, and that is. in any event,
OF interest in connection wNh the ap-
preaching fourteenth anniversary CT the
18th of April, 'G5 The medal bears an
excellent head and bust in profile OF Pres
dent Lincoln, executed by medalist
named Paquet, now in the employ Of the
Treasury Department. Early IN April,
1865, Mr.. Paquet was in Philadelphia
with his work, watching the completion
of his medal with great solicitude, and
was greatly discouraged one morning to
find an ugly crack in the die, beginning
back Of the ear and extending across the
temple, seriously marring the face that
had cost him so much labor. A crack
in the steel die from which the impress
is taken is no uncommon thing in medal
making, bat the significance of this
crack was developed later. Mr.. Paquet
telegaphed his i'll. luck to the authorities
at Washington, and they. satisfied with
the excellence of the likeness which he
had obtained, determined to overlook the
blemish, and directed him to proceed
with the medal. A few hours later q
tragedy that threw nation into mourn
ing occurred. Wilkes Booth stole into
the Presidents box at the theatre, and
the assassin's bullet took almost exactly
the same course of the crack across the
head of the medal, entering back of one
ear and coming out over the temple.
This medal, which might have been
priced only because Of the faithful por-
traiture of President Lincoln's face, and
the fact that it was one OF the last repre-
sentations of linn, has an added value be.
cause OF the defect which may be re-
garded as prophecy, Or at least strange
coincidence. The parties for whom it
was executed we're so impressed, and
whenever it is shown the history ana ap-
propriateness of the peculiar blemish is
invariably given.
The Worthington advance., 1879-05-01
A EchQO{-BOu SfOray.

A correspondent of the Boston SATURDAY.
Evening Gasttee tells the following anec-
dote os his school days: "Honorable liars are
scarce. remember few, and they were
high school boys, of course. A squad of
them, pelting each other with snow-balls as
they went over the common and up Joy
street, on the way to school one afternoon,
were not such good shots that one of them
did not harl his missile through a parior
window-pane. Up went the window, and
out popped an angry woman's head.
(Which of you boys broke this
pane of glass2' Il did it,
promptly replied the real offender, stepping
forward to apologize. Whats your name,
and where do you live?' The boy responded
truthfully; but his companions, to save him,
cried out: No, no! did it! l. He didn't
do it, and his name isn't what he said, and he
didn't live there, anyhow. My name is 80
and-so, and live number something, in such
street, and ny father'll pay" The confu-
sion of tongues and counter statements 20
perplexed the lady that she concluded they
were all pack of liars, and in = rage she
shut down the window with bang, and
broke another pane of glass;
The Worthington advance., 1879-05-01
THE TEST OATH.

DECISION OF THE SUPREME COURT.
WASHINGTON, April 28.-Decision No. 235.
George Burt, plaintiff in error, vs. Maria NJ,
Honjoud in error to the circuit court of the
United States for the northern district of
Florida. This WAS an action of ejectment
brought to recover possession of two lots of
land in St. Johns county, Florida which de.
fendant in error claims under certain deeds of
possession. Among the reasons assigned was
the ruling of the lower court, to the effect that
. certain Henry Holmes, called to be
juror in this case, was not
obliged to answer questions touching his quail
ifications Is juror, under section 82O of the
revised statutes. Under this ruling Holmes
declined to cay whether he did or did not par
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
moro Obliged than witness to disclose on
oath bis guilt OF any crime or of any act which
WOULD RENDER HIN INFAMOUS,
in order to test his qualifications a. q iuror
frmative, would have convicted him of the
crime of treason. Whether pardoned by . gen
eral amnesty or not, the crime was one which.
in the opinion Of the court he could not be re-
quired 20 disclose in this manner. If he were
guilty. the challenger had = right to provo it
by other competent testimony. Al he
did not offer to do this, and ~
tho jurors incompetency was not proven,
the court was not bound to exclude him. Al
to tho ownership of lots, this court holds
that there is sufficient evidence of defendants
in error prior possession, and that he il entitled
to them both. Justice Miller delivered the
opinion. Justice Field delivered 4 separate
concurring opinion with regard
TO THE TKST OATH
demanded of tho Juror Holmes, - follows:
agree with tho court that the juror Holmes in
this case cannot be required to answer ths
questions put to him; but 60 farther. I do
The Worthington advance., 1879-05-01

The cattle plague still continues its
ravagcs in the northeastern portions Of
the German empire, it having appeared
in at least thirty-seve different localities.
the most vigorous precautionary measures
for counteractlpg the spread Of the ter
rible disease have been adopted by the
German Government. Detachments Of
soldiers have been despatched to the in
fected districts in order to strictly watch
and superintend the execution of the
laws and regulations adopted for this
purpose; and also to completely isolate
all the cattle of the districts in which
any outbreak Of this malady has been
discovered. Arrests have been made of
persons supposed to have introduced
these infected cattle from Russia.
The Worthington advance., 1879-05-01
A Horror in Stockings.
London World.

LONDON world
The last outre fashion in Vierna is the
so.called "Boccachio" stockings; i. e., a
white six stocking on the left leg and
pink one on the right. The idea vas
taken from the charming costume which
Miss Link-whose marriage announced
a fortnight ago-wore in the last act of
Suppe's new opera. Whether the demi-
monde took the notion from the grand
monde, or pice uersa, it is hard to say
they always copy one another. Certain
it is that both the coucAes of society have
adopted the Boccaehio hose, as the very
short dresses and low.cut shoes now worn
ing. A misogypist would say that, a.
many of these ladies can hardly tell their
right from their left, the fashion of @plnk
and white" will be of practical use-like
the shay y-band" and "straw- band" for the
recruits.
The Worthington advance., 1879-05-01
"CotldlinE'' the Children.

Some good woman whose sympathy
outran her Know!ed ge, took very serious
objections to our remarks last winter in
regard to the best way Of making men
out OF boys and women out of glrls. OF
with the tippets and cumbersome wraps,
we said in substance-stop the over-fond
coddling and unwise care and give the
boys and girls far chance for free
and active life when they are out of
doors. Don't do it, says the mother.
Keep the darlings warm and dry. What
oees a great healthy man know about
the care of chiidren2 We own up to be-
ing healthy, but we're boy net so long
time ago that we can't remember how
the lads that grew to be strong, we'll
men got their start. They weren't taken
to the school in the winter in sleigh,
nor were the red-checked, 1.-THE -limbed,
vigorous and graceful girls huddled
into street car reeking with bad air,
or wrapped up in a close carriage
like a consumptive patient. The
boys never wore an overcoat when out to
play, nor muffied themselves with "com-
fortors,' or tippets around the neck.
Give us free coast or clean stretch of
ice and we could keep warm in those
days; Coarse, thick woolen stockings,
stout boots, thick fannels next to the
skin and scrviceable coat that buttons
to the chin, with pants and vest to match,
and warm mittens, was the winter outfit
that mothers of those days found suffi-
cient. We quite agree with the timid
mother referred to rs to the importance
of warmth, but differ as to the method of
obtaining it. A child old enough to ex-
ercise freely ought to keep comfortable
by warmth from within, instead of by
too much protection from without.
From six to sixteen, neither boys nor
girls should be coddIed very much.
They ought to walk, run, play, work,
like the happy and growing ANIMALS that
they are. Don't make the girls prema-
ture old ladies, nor treat the boys as you
would taeir rheumatic uncle.-Golden
Rule
The Worthington advance., 1879-05-01

not think that the act of Congreas which, by
requiring test oath a. to past conduct ex-
cludes = great majority of the citizens
of half the country from tho jury
box, is valid. In my judgment tho aot
is not only oppressive and odious and repug-
nant to the spirit of our institutions, but is
clearly unconstitutional and void Al war
measure to be enforced in insurgent States
when dominated by the national forces the act
would be sustained, but after the war was over
and the insurgents were restored to their nor
NAL and constitutional relations to the Union
1t ~as a. much out of place and imperative As
would be y law quartering = soldier in every
southern mans house.
Justice Strong dissented from the opinion of
the court.
Chief Justice Wait announced to the bar that
court would adjourn for term Monday May S.
The Worthington advance., 1879-05-01
HOAES IN THE WEST.

Persons looking westward for home.
IAN procure full information concerning
the GARDEN Sror of Iowa and Mime
sofa, by subscribing for the Worthing
ton ADVANCE, published at Worthington
Minnesota. Send 81 for one year; 81
tor six months, and so cents for thre.
months, to )" ADVANCE, Worthington
Mobiles county, Minnesota