davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

''THANKs for your politeness, but must
decline the invitation" That is what Wade
Hampton telegrsphed when invited to be
present at Grants reception.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06
BOARD OF LEYEE COM'sRs. }

BOARD OF LEvEE CoM'sRs.)
Error to the Circuit Court of Washing
ton county, Hon. B. f. Trimble, Judge.
Plaintiff in error filed his petition in the
Circuit Court for certiorari to bring up
the record of the proceedings of an inquest
assessing damages for the appropriation OF
his land to the construction of levee on
the Mississippi river. -.-.I IF
The petition charges that the Jury made
their assessment on improper principles,
but that this is not ascertainable from the
form in which the verdict wss drawn up,
and the prayer is that the writ be granted
in order that the verdict may be amended SO
as to show the true ground upon which it
is based, so that the petitioner may bring
an action for the damages he sustained ups
on other and distinct grounds from those
embraced in the verdict.
A demurrer to the petition having been
sustained by the Circuit Court, petitioner
prosecuted writ of error.
GEORGE, G. ]. ...
Held -..... ....
LIST. The demurrer to the petition was
properly sustained. The writ of certt0rG79
brings up the record of the proceedings
sought to be reviewed, and enables the
court into which it is returned to inspect
the record, and determine from that alone
whether there is any just ground to disturb
the proceedings sought to be reviewed.
I'd. 1t is insisted that certSo'0rt will
not lie to review the proceedings of the in>
quest, because the statute under which they
took place declares that the verdict shall be
final. We do not regard this provision as
prohibiting a certtorari, but only as pre-
venting reinvestigation of the facts upon
return of the writ.
Sd. AS the sole object of the petition
was to have the verdict amended, which is
incompetent to be done, we affirm the
Judgment. The petitioner may proceed
again in the regular way, and on the return
of the certtora7S may have the proceedings
fully reviewed. If they are found correct,
the proceedings of the inquest will be
otherwise they will be quashed.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

TIE Fay TempletOn troupe has paid
its respects to YazOo City, aud the
Sentinel is not shovering much praise
on PinafOre.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

ALL the Mississippi delegation an,
swered to the roll-call of Congress last
Monday.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

DAVID G. DUNCAN, of New Orleans,
a celebrated newspaper man, died on
the first of this month.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

"TALKING TOURNAMENT" is what
the New Orleans Times calls the Sem
ate committee,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

SHERMAN and the Western Repub-
publicans differ very widely upon the
financial question.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

THE bulls and bears of Wall street
are growing and snarling.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

BOB TooMBs now has the credit of
being a superannuated old imbecile.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

CHICAGO has been lending money
to New York.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

WOMEN have been admitted to the
Bar in eight States.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

THE Washington Capital gives the
so-called Grant boom unshirted fury.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

MISS Lolita the celebrated actress
is in Memphis.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

HENDRICKS says he will not have the
Vice Presidency on any ticket.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

Mr.. DARWIN, it is said will publish
the life of his grandfather this year
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

CITIZEN BoBINGERsoLL is what
Don Piatt calls the Colonel.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

ORANGES sell on the coast for 81 sc
per hundred.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

BOB TooMB's disabilities have never been
removed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

Mr.. J. M. Buckley, of this place,
will be a candidate before the Senate
for the office of Clerk of that body.
There is not man in the State better
qualified for the place than Mr.. Buck
ey.-Brookhaven Ledger. .......
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

THE Presidents Message fills up the
Vicksburg Commercial. Why will
Presidents write such long messages?
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

STEWART and Taylor Beattie spoke
in New Orleans on the 1st inst.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

The State Grange meets at Forest, Tues
day.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

Fl. PoLKINGHORNE, is an Independ'
ent candidate for Alderman in Natchez
His name has one dozen letters in it.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

Appeal from the Chancery Court OF
= county, Hon. ---- Chan
cellor.
The question decided is stated in the
opinion.
GEORGE, G. j.,
Held
1t is urged here that the allowance of
5000 to the Commissioner for stating the
account is excessive. We would interfere
with great reluctance with the order of the
Chancellor in making allowances of this
character; and propably we would not feel
justified in reversing for this alone; but
we have carefully considered the objection,
and are of opinion that one-half that
amount would have been liberal allows
ance for the service of stating the account,
the Commissioner having received the reg
ular fees for taking dispositions. Whilst it
is proper that officers of court discharging
duties of this kind under the special direc-
ton of the court should receive fair COM
pensation for their work, yet it should be
borne in mind that in the allowance for
such services, there is no plea for hberality
or generosity. Suitors in court are taxed
high enough when they are charged with
the statutory fees; or in cases like this,
where they are made to pay the fair and
reasonable value of the work done.
Decree reversed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

MoAvoy Is still IAN Of Tvisi' At The
garden. Commercial
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06

THE Natchez Sun has "gone down."
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-12-06
S. D. MURFF, Admir-, ETC.,

W. w. PETERSON, ct al.
Error to the Chancery Court of Winston
county, Hon. L. Brame, Chancellor.
The final decree of the Chancery Cour
confirmed the reinstatement of the final ac-
count of plaintiff in error, as reported by
the Clerk to whom, as Commissioner, it
was referred, and directed distribution of
the balance found due the estate, among
the defendants in error, as distributes.
No exceptions were taken to the report of
the Commissioner.
CHALMERS, j.,
Held
]. No exceptions to the report of the
clerk and Commissioner having been filed
in the Court below, we are precluded by
the repeated decisions of this Court from
passing upon the conclusions of facts ar
rived at by him and sanctioned and con-
firmed by the decree of the Chancellor.
g The rule applies as well in Probate as
in equity proceedings.
Decree affirmed.
E. II. LOMBARD,
vs.
is. LOMBARD.
Error to the Circuit Court of Warren
county, Hon. U. NJ. Young, Judge
In this case the Court is asked to review
and override the case of Gibbons VS.. Brit
tenum, &c Miss, 232, in which majority
of the Court held that under the provisions
of the Code of 1871, the widow of person
dying intestate and without children or de-
scendants of them, was entitled to one-half
only of the estate of her deceased husband.
Chief Justice Simrall, who was one of
the majority of the Court, having retired
from the Bench, the present case is brought
mp, presenting again the identical question
involved and decided in the case above
mentioned.
GEoReE, CT,
HID
l. 1t is sharply presented to my coDsid-
Grafton whether shall give my assent to
the overriding of decision made by the
Court upon full argument at the Bar, and
on the grsvest and most mature delibera-
fon by the Judges, merely because l may
happen to differ from my predecessor as to
the correctness of the former ruling.
cannot agree 10 do this when the question
involved is like the one in controversy
here.
2. That the former decision was made by
a divided Court rather Increases than di>
minishes the duty 10 adhere b il, when a
departure from it must result alone from
my nou-concurrence in the views of my
predecessor, the other two Judges partici- |
pating in the former judgment sdhering TO |
the opinions then formed and expressed By /
them.
B. The decision ne are asksn 10 override /
announces a rule Of property, and though !
but recently made, il IA old enough for per
sons 10 have acted on the faith Of il. Even
si this early day, would hesitate 10 dis
The New York herald., 1879-12-10

are appointed and serve under superiors
ten or more years his Juniors, the service
might nevertheless be improved by his
presence 1t is to be hoped, however, that
no mock sentimentality will be allowed
to shield such applicants from just
such a searching examination in pres
ent and prospective loyalty as oil
other civilian applicants have lately
been subjected to. The past should
not, would not be alluded to, but every
officer appointed to the army nowadays
should be made clearly to understand and
acknowledge that he is the servant of the
nation and not of any one of the States
composing it, and that any wavering of
allegiance, no matter for what cause, is
treason. All Northern applicants for mill
tary appointments have been required to
admit the superior claim of the nation. 80
Southerners cannot complain If treated in
the same way
The New York herald., 1879-12-10
PERSONAL INTELLIGENCE.

Florida Is planting hg trees.
The miser has struck tho golden mean.
Senator Matthew Ii. Carpenter, Of Wisconsin, Is at
the Hoffman House.
Mr.. W. Robinson, Governor of the Bahama ISL
ands, has arrived from Europe.
At least the agricultural showmen of this country
have given Mr.. Hayes fair play.
A salmon caught near Vancouver Island. the
Pacific coast. weighed ninety eight pounds.
Countess Montijo. mother of the ex-Empress
Eugene. once kept millinery store at Brussels.
sehor Don Juan b. Dalla Costa. Minister for vene-
zuela at Washington. is at the Buckingham Hotel.
Ex-senators George s. Boutwell, aud William d.
washburn. Of Massachusetts. are at the Fifth
Avenue Hotel.
In pawnbrokers window In Washington the best
portrait OF Alexander II. stephens painted is
offered for sale for $125.
Nine. Roux. nee Antoinette Loisat. has lately died
at Neuilly. She was the mother OF Clotide Loisat.
the ecuyere, now Nine. la Princesse de Reuss.
Many English tenant farmers with capitals of
from $1,000 to 5000 writing to this country in
quirng about the desirability OF their settling In
oregon.
A dramatist takes leave Of another on the Paris
boulevards. His excuse IL that he has an appoint
The New York herald., 1879-12-10
Aid for Ireland.

In our cable dispatches will be found the
points of leader on the Irish agitation
printed in the London Times of yesterday.
AS will be observed, the latest intelligence
from the districts in which the agrarian cry
was taken up with the greatest vigor is to
the effect that the excitement is diminished,
that the people who are able to pay the rent
are disposed to pay it, and that the agita-
tion would all 60 down quietly if not in
dustriously fomented by the men who hope
to make political capital out of it, Indeed,
unless large amount of money is
subscribed here to nourish this dis
content, and an enthusiastic encourage
ment is given to 1t, 1t will come to naught
far more speedily than did the famous
Fenian uproar. And we do not believe it
will get much assistance here. Those who
have the means to contribute have learned
to scan very closely the propositions of the
so-called friends of Ireland. Irish men and
women in America, ii they pay the rent Of
the houses at home, and in bad years
supply the means to buy the potatoes also,
may we'll doubt whether they have any
more to waste on the material to keep up a
trumpery agitation which proposes tho i'm
possible as its object. Money for food they
will give and literally; money for brass
bands and fireworks we do not believe they
will contribute.
The New York herald., 1879-12-10

ment with Sarah Berhardt. "Eh Jien!" says the
other, 'embrasse Ia pour moi--su en- reste."
Some comment is caused by the fact that of
the President is in Ohio. trying to manipulate poll
tics concerning the Senatorship. And, by the way.
Ex-Governor Denison. who is thought to represent
old Lincoln republcanism. is gaining ground while
Garfield is losing.
The Denver NeDs says that all that portion of the
Union west of line drawn north and south through
Denver is good for mining and grazing and not for
agriculture and that mining towns should have
much manufacturing. Does the Ne,cs exclude Cali
fornia aud Oregon from the list Of agricultural
States?
The United States Senate in executive session yes
retary McCrary to be United States Circuit Judge
for the Eighth circuit without debate or division.
single objection would have prevented any action
upon the nomination yesterday. as it was not re-
ported back from the Judiciary Committee until yes
terday afternoon.
Saturday Rev.ew:-"Robes and trimmings of the
richer and softer pelties have always been the FASH
ion at Vienna. the visitor may any winter day
by marking the carriages that roll round the Ring
under the leafess alleys of the Prater As for the
Magyars. they have what one might call u mania for
the wear, were it not that We can well Understand
the inexprcssble comfort of wrappipgs that are in
some measure impervious to the bitter winds that
sweep down from the Carpathians across the shell
terless Hungarian plains. Even Southern Europeans
seem to be sensitive cold in inverse proportion
to the normal warmth of their enervating climate.
When an Italian finds his constitution threatened
with collapse when his liver is out of order his
digestion impaired his frst idea il enveop him.
self in coverings that guard him against unwhole.
some exhalations sharp changes OF the atinos-
phere."
The New York herald., 1879-12-10
Suffrage and Representation.

A reasonable call is made upon the
superintendent of the Census of 1880 to
collect statistics of the number of persons
excluded from suffrage in any OF the States
by restrictions which should lessen the
representation of those States pursuant to
the fourteenth amendment of the federal
constitution. Although the ratification of
that amendment was perfected long before
the census Of 1870 was taken no statistics
of the kind were collected in that year. We
observe that the Springfield Republicdn-
good New England authority admits that
if they had been they would have deprived
New England of probably one and possi-
bly, two" members Of the House Of Repre-
sentatives, and consequently of the Elec-
torl College, by reason Of the restrictions
existing in Rhode Island and Massachu-
sets. When we remember that the last
President tial election was determined by
majority of one vote in the electoral count,
and that the next bids fair to be very closely
contested, the gravity of the omission in
1870 is manifest without argument. If the
Superintendent of the Census does not pos
sess the requisite authority to avoid this
omission next year there should be no delay
on the part of Congress to confer it, so that
the facts may bo ascertained in season for
the next apportionment of Representatives
and Electors.
The New York herald., 1879-12-10
Ex-Con federates for the Army.

There is no good reason why Congress
should not pass the bill, reported by the
Senate Judiciary Committee, to repeal that
section of the Revised Statutes which pro-
vides that no ex-oflicer OF the army, navy
or civil service of the late Confederate gov
ernment shall be appointed to any position
in the national army. The South is now a
part of the nation, some of her citizens
have had considerable military experience,
and while it is not easy to see how any
ex-officer Of the Confederate army can
desire the position of second lieutenant,
which Is the only one to which civilians
The New York herald., 1879-12-10
The Ultimatum Of the utes.

We are not informed of the legal grounds
on which the Cabinet has decided to
authorize the Secretary of the Interior to
instruct General Hatch to receive the
Indians who committed the White River
massacre, with the assurance that they
shall be tried outside Of Colorado or New
Mexico. Their crime was committed in the
State Of Colorado, and the constitution pre-
scribes that in all criminal prosecutions the
accused shall be tried sin the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained by law" 1t is very
clear that these Ute murderers cannot be
tried outside of Colorado by the civil au-
thority.
This is SO evident that the Cabinet does
not attempt to contravene it. They have
decided that the trial shall be by military
commission. It is not clear, however, by
what statutes military commission ac-
quires jurisdiction. We suppose the gov
eminent assumes that the atrocious White
River massacre was committed in time of
war. and thus bring it within the military
authority. But this is evidently an after
thought Had it been the original intention
to try them by military commission
General Hatch had only 10 communicate
that purpose to Chief Ouray to remove his
objections to the locality of the trial.
His reason for objecting to o trial
in Colorado was the impossibility of
securing a local jury from which the
murderers could expect justice. In a mill
tary trial the members of the court are off,
GERS appointed by the government and they
would be as fair and impartial in one place
as another. The Cabinet having made this
decision and given this assurance it now
remains to be- seen whether the Utes will
stand by their engagement and give up the
murderers.
The New York herald., 1879-12-10
MUSICAL AND DRAMATIC NOTES.

MUSICAL AND DRAMATIC NOTES.
Mr.. Boucicault is said to be at work o
comedy.
The English Glee Club will give concert to-mor.
row evening at Chickering Hall.
Miss Annie Pixley and Mr.. John McDonough arc
playing Miss" at Mcvicker's. Chicago.
Mr.. John 7. Raymond last week at Chicago
and drawing good houses with his play "wolfert Q
Roost."
At Days Theatre to-day the matines performance
of can Arabian Night will be In aid Of the Seventh
Regiment Armory fund.
The Florenccs playing the Mighty Dollar In
Memphis. and go thence to Nashville. Evansville.
Ind; Terre Haute. Chicago. 40.
Acts from ola Vie Parisienne." ''Nfienon" and
Faust will be given tonight at Booths Theatre by
Maurice Grau's French opera company.
Mr.. SaalHeld. the music publisher. proposes to
give several ballad concerts during the season. In
which the compositions Of Mr.. Arthur sullivan will
occupy prominent place.
At the FIRST representation of "Much Ado About
Nothing" at the Globe. in Boston. on Monday
evening. Miss Cavendish as Beatrice was warmly re-
ceived. Messrs. Longfellow. o. W. Holmes. whippe.
osgood and James T. Field were among the audience.
Mile. Jarbeau will be the recipient OF benoht this
evening at the Standard Theatre. She will appear
"Fatntza" which will also be given at the matinee.
The theatre will bo closed tomorrow and until
Saturday night, when the new opera by Messrs. W.
$. Gilbert and Fred Clay will bc produced.
This afternoon will be tho occasion Of the benefit
to the hero fireman Patrick J. Lynch at Niblo's
Theatre. The performance will include "Enchant.
mont" and somo we'll known variety specialties.
The management have prepared an extra bill of
special attractions The beuent ought to be suo.
The New York herald., 1879-12-10

TIE WEATuER.-The pressure is high over
the Middle Atlantic and New England States.
the influence of Saturdays disturbance having
entirely disappeared The deprcssions noticed
in the West and Southwest have merged and
now form one large disturbance that is moving
rapidly over the central valley districts The
retafrling influence of the high area that is over
the eastern portion of the country is beginning to
be felt over the lower lakes and steep gradients
for southerly to easterly winds are forming in
those regions Rain fell throughout the lake
regions, central valley districts and on the Gulf
coasts, and snow reported in the Northwest
and West. The weather generally fair in
the Middle Atlantic and New England States
The winds have been brisk on the Middle Atlantic
and New England coasts and in the lake regions
brisk TO high over the upper lakes and in the
Northwest and fresh in the other sections of the
country. The temperature rose slightly IN the
Middle Atlantic States, decidedly the Gulf
coast aud fell in the other districts. There are
indications of the approach Of "a disturbance
toward the European coasts. The weather in
New York and its vicinity to-day will be slightly
warmer and cloudy, with rains snow. To-
morrow it will be cloudy and rainy, followed by
lower temperature and gradual clearing.
The New York herald., 1879-12-10

their report in 1876, and should con-
woke an international congress here to
which ''all the governments that were rep
resented at Paris should send their en-
gineers." to unite with an official commits
sion ''of the ablest engineers of our army
and the ablest civil engineers of our coun-
try in a final solution of the problem.
But it is evident that he makes this propo-
sition to satisfy the world at large and to
hold out an olive branch to the Vicomte
de Lesseps rather than to clear up any
scientific doubts in his own mind.
In his recent official report to the
Secretary of State he averred that
the discussion in Paris. imperfect though
it was, "has shown that hereafter in the ex-
animation of the question only the Nicar-
aqua and Panama routes need critical ex-
animation" and he repeated this averment
last evening and summarized the scientific
and commercial motives to prefer the Mica
raguan. In their briefest shape the former
are that tide level canal by the route
of Panama is impracticable because it
must receive and provide for the
WAOlc uruiudGo "a tA0 IcSAOA tIuNCIbCu
in which the mean annual rainfall
is one hundred and twenty-four inches,
whereas that of the region of the Suez
Canal, from which the Vicomte de Lesseps
derives his prepossessions, is less than two
inches and that since locks are needful the
overwhelming testimony of engineers ap-
proves the Nicaragua route as superior
for lock system. The latter, or CONNER
cial reasons, fatal to Panama, are, in equally
brief shape, that the calculations of the vi
comte de Lesseps' associates require a toll
of thirty francs per ton, (which, ifimposed
on ordinary cargoes at ordinary prices, as
wheat, would make a voyage from San
Francisco around Cape Horn preferable.
But there is no need to dwell on these sum-
maries, for Admiral Ammen announces
that the project of creating such an official
commission as would be q necessary pre-
liminary to another congress has been
''maturely considered by our government
and regarded as unnecessary"
This being so, nothing remains for the
people of the United States save to pro-
mote, encourage and foster by all legiti-
mate means the practical beginning Of an
interoceanic canal on the route which
their government has sanctioned, and
Admiral Ammen's assurances Of the intel
ligent and disinterested cooperation of
the Nicaraguan government and Of the
willingness of General Grant to head the
undertaking will be read with the liveliest
satisfaction.