davidaulloa/AmericanStories huggingface dataset:
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04
THE NEW ORLEANS DEMOCRAT, FRIDAY, APRIL 4, 1879

is appellate merely, and the only process py
which 1t can take cognizanee OF them IS by
writ OF error to the State court OF LASS resort.
In the case of Cohens vs. Virginia, which was
brought up by writ Of error addressed TO the
State court Of last resort, this principle IS
broadly enunciated. Among those cases 10
which an original suit might not be institu-
ted In a Federal court" expressly named in
the decision in this suit, is every
case between State and IT'S clti-
zens and every case in which o
State is enfortncg ITS penal taacs.' In this
decision q very broad distinction is drawn be-
tween ali "original suit" against a State, and
the proceeding by which party defendant In
d suit originally begun by State, removes
a Judgment rendered against him by State
court to the Supreme Court for the purpose
of re-examining the question whether that
Judgment be In violation Of the constitution
or laws of the United States In regard to
the former class OF cases, the court says very
emphatically that "as the Federal courts
never had jurisdiction over contracts between
d State and its citizens" they have none in
such cases. But the court goes on to present
the supposititious case OF State institut1ng
proceedings against an individual which de-
pended on the validity OF an act OF its Legis
lature; suppose State to prosecute one OF
it's citizens for refusing compliance with that
act. who should plead the constitution in bar
overruled, and judgment rendered against
him, his case would plainly be one wherein
the jurisdiction of the Supreme Court could
be invoked to review the decision OF the State,
and assure the injured party the protection
OF the constitution In case of its violation by
the State law.
This is precisely the case at bar, and it is a
casee in which Chief Justice Marshall dis
tinGtly declared that the Federal courts are
without original jurisdiction, which are cog
nizable by the Supreme Court alone, and
which must be taken there by writ of error
from the State court of the highest resort.
Ii the object of this proceeding is to enforce
O contract between the State and the Lottery
Company, the Federal courts are absolutely
without jurisdiction, nor could they be
| inve sted with it, as was decided by Judge
Marshall In the case Of Marbury Vs. Madison
| wherein the broad principle was laid down
that the Legislature could not give the Fed
eral courts original Jurisdiction in a case in
which the constitution has not given it. If
| it's object is to secure to individuals the pro-
lection of the constitution against an unjust,
oppressive and unconstitutional prosecution
at the hands of the State that plea must
first be urged in the State courts, and be
there refused, before the jurisdiction of the
Federal courts can be invoked. Until this has
been done there has not arisen q case, within
the meaning Of the law.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

Toe action of Auditor Jumel, In instructing
the tax collectors that they cannot settle for
taxes paid in March with constitutional war
rants dated in April, strikes US as step in
the right direction. 1T seems to us, however,
that the Auditor has not gone far enough. If
the law upon which his recent order is based
is to be carried out at all, it should be carried
out In letter and In spirit The law provides
that. upon receiving warrants In payment Of
taxes and licenses, the collector shall in
dorse upon said warrants the date OF re-
ceipt, the Taxpayers name from whom
received, the amount OF taxes by him
paid, and that In settling at the end OF each
month with the Treasurer the tax collector
shall file with that officer sworn affidavit to
the effect that the warrants SO paid in are the
identical warrants received by him at the date
and from the party as set forth IN the in
dorsement, and that he has taken them at
par. Now, then, if these provisions of the
law were strictly adhered to, as they should
be, how could a tax collector settle with the
Treasurer for taxes which appear on his books
as paid, say on the fifteenth or March, with
warrants bearing date sixteenth of March 7
III has been the practice heretofore with the
tax collectors to keep a species of memo
randum accounts with the brokers who make
ene paying OF taxes speciality. During the
course OF the month these brokers, as they
receive orders from the taxpayers, apply to
tne collector for tax receipts, giving their due
pills fof same. At the end OF the month these
uue pills are redeemed by warrants which
.ne oroaers nave leisurely bought up from
tne constitutional officers, their employees
eee. Inc warrants are then indorsed bv the
collector all On the same day. and freanant,,,
II has occurred that a warrant hoo r,as. ~ :,
ne thifd day Of one month il maae -
settle o tax bill paid on the fisfeentn
sg twentieth Of the preceding month
1S PRACTICE places the warrant marke,
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

Kellogg pretends that he Is not bothering
himself about Judge Spofford's coming con-
test. He affects to believe that the case has
already been decided on its merits, and that
to remove him would be an act unprecedented
In English or American history. All OF which
would be interesting, il true. Thefact is, there
is scarcely doubt that Kellogg will be I'm
seated as soon as his case Is reached, and no
one knows this better than Brindle Bill HIM
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

Lieut. Gov. Witt has been confined to hisbed
by quite severe illness for three days past.
Last night we heard with great pleasure that
he was rapidly improving. We wish our
friend prompt recovery. The State Of Lou
isiana could Iii spare his services Ia the APP
nrnnehinR convention.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

40 much within the control of the brokers
al to demand reform. It seems TO us the
Auditor can put a stop to this injustice
to the officers and employees Of the govern
ment by simply issuing an order that no war
rant be received In payment OF taxes unless
dated either prior to or on the day 1t L. offered
In, nIlf.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

The administration would do well to pro-
vide j.. Milton Turner with another soft place.
Since his return from Liberia, he he's more
than once taken the fire away from the Rad
ical thunder and let 1t boom without hurting
any one. A short time ago he sat down on
the Liberian emigration scheme by telling
the negroes some plain truths about that
distant land and advising them that
they were better off where they were. Later
ho denounced Senator WINDOWS little job to
colonize the negroes in Colorado, Nebraska
and Kansas, telling his people that they
would only go to an inhospitable climate to
suffer. Now he goes for the st. Louis Globe
Democrat. That stalwart organ has recently
been printing bloodcnrdling stories of out
RACES to negroes, and the general unsafety Of
residence in Missouri. "a Missouri Demo-
GRAFT would rather kill negro than eat his
breakfast any day. the Globe Democrat
recently said. Turner has thought proper to
reply to this aspersion Of the State in which
ne resides. An extract from his letter so
efectually fixes the lie on the stalwart organ
that 1t is reproduced:
In the state Of Missouri. where the Repub-
can party Is 10 snGn nnd pbn } @
ocrat in the interior Of the State live. upon
terms Of great intimacy and frlendlincss:
While the former adhere. with the exception of
four or five counties whether intellixenty or
not do Not pretend to sayto the principle Of
the Il publican party. the latter. In the mean
time insist on the negro,s right to vote In Mis-
souri, according to his principleI. In Missouri
we hear of no marauding or bulldo5ins par
: ties-no White Liners, ku-K lux or Rife Clubs.
Turner will never make resident Republi
can statesman II he continues to tell the
truth In this distressngly frank manner. It
would pay the party to send him abroad
Il,
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

gle to which the whole country has become
aroused is1going on now. II the Democrats
falter, then the golden moment will have
passed and be irretrieyably lost. In Louis
lana the people are also at last alive to the
wrongs under which they have suffered; the
time for action, therefore, Is upon us. What
we need should be pursued until 1t is accom-
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04
NEW ORLEANS. APRIL 4, 1870.

The "Solid South" and the appropriation
bills entered largely into the municipal cleo
ton In Chicago on Tuesday. According to
the Tribune more than one half Of the citizens
OF that city are REBELS the rebel candidate
being elected by handsome vote. Chicago,
nhaffa
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

Each certificate is of the denomination
Of TEN DOLLARS, of the size of United
States note, and is convertible, with ac-
crued interest, into per cent bonds.
This bank will be prepared to deliver
these certificates about the tenth day Of
April. .#=. .--..
Orders from Banks and Bankers will
be filled upon Government terms, and are
solicited at rs early date as possible,
that we may be prepared for prompt
delivery. sap1 1t
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04
1 = y .
49,. - 4bn Dsnaant, Grant Cfuh

REORGANIZATION OF the PIOneeT HFant CIuD
Citizens without regard to past political afflli-
ations. who would like to unite in the support
of ULYSSES s, GRANT for the Presidency
are invited to address, the President OF the
Pioneer Grant Club; and membNs of said club
are requested to report by letter. giving their
present address. provided they favor the eiec-
ton OF Gen. Grant. Address No. 30 Felicity
street, New Orleans
NoTE.-Voters throughout the State are In
yited to address as above. ap4 II
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04
"THE REPUBLIC OF REPUBLICS
LEASE OF CARROLLTON sKIFF FERRY

DEPARTMENT OF COMMERCE, CRY HALL,
New Orleans. March "a, 1879.
Sealed proposals for the lease Of the Carroll
ton Skiff Ferry. for the term of two years, will
be received at this office. up to IL o'clock IN.
April 4. 1879 The city reserves the light to re-
ject any and all proposals. Specifications on
file in the Office of the City Surveyor
j. HENRY BEHAN,
Administrator Commerce.
nh25 81 an24
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-04

TREASURY DEPARTMENT.
Washington. d. o.. March IA, 1879.
Ne,c Orleans National Bank. Neao Orleans. La:
In addition to the authority heretofore con-
ferrred upon you to receive deposits on account
of the per cent bonds. consos Of 1907, you are
account of subscriptions for the UNITED
STATES FUNDING CERTIFICATES. Act OF
February 2e 1879 t very Tss SM o4a
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26

Henry NJ. C. Danaher rendered his resignation
as a constable yesterday, and an application
was received from VIM. Simpson for appoint
ment to the position.
VIM. Kohbein, white boy aged IA years.
whilst employed at the bureau OF engraving and
printing. Treasury department, yesterday after
noon, had his right hand caught by the ma
chinery and badly hurt. DR.. Reyburn. assisted
by DR.. Howe, amputated his forefinger, after
which he was removed to his home, 1871 Ohio
avenue NV.
At the annual meeting last night the men,
bers of the Fraternelle de Langue Franchise
elected officers as follows: President, Perreard
vice president) Stephani; secretary, Demongeot;
vice secretary BOchert, and treasurer, Valmont.
Administration-BurruS Collin, Louis, Depol-
ley and Ebel.
The Corcoran Gallery of Art will be open to-
morrow, Thanksgiving Day. Admission free.
About O'Clock last evening some unknown
person left a three-days' old white male infant
on the steps of Mr.. Henry Burch'S residence
corner OF oath street and Pennsylvania avenue
northwest. 1t was kindly received at st. AIMS
Infant Asylum.
In the Court in General Term this morning,
Chief Justice Cartier, referring to case in
which they expected to announce decision
this morning, said they were not quite ready
and would do so tomorrow morning. 1t was
suggested that tomorrow was thanksgiving
day. The Chief Justice-''Well, We'll announce
1t the day after" Mr.. Durant-''We'll give
thanks for it whenever it comes" The Chief
Justice-.You may not, and may prefer to fast
rather than FEAST
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
ECZEMA ON THE SCALP.
Breast and Limbs Cured.

Messrs. WEEKS POTTER: Gentlemen cannot
refrain from adding my debt OF gratitude to you for
having placed within my reach the wonderful Gu
sary I'll further experiment Of physicians, aud in a
1emarkabiy short space OF time have rid me OF a
loathsome disease. ! dispensed with all physicians
two years ago, believing they did me no good. The
CUTICURA has stopped this unsatisfactory expense
even if it were necessary and had the courage any
longer to follow their advice-and rought the long
looEed-fcr cure and happiness.
have been afflicted with Eczema or Salt Rheum
on my scalp breast, and limbs for five years, dur
ing which time have been under the treatment Of
physicians, or at. mineral springs, taking some
kind of medicine. have been treated by Drs. =
Of, DR.. - of =, and visited sulphur springs
and taken numbers Of patent medicines, all without
the faintest approach to cure.
April l last began the use of CUT1oURA which
was Immediately successful in my case, entirely cur
ing me. l have not had clean scalp for Is years
until the use of the CUTICURA entirely healed it and
left it clean and healthy. The other parts of my
body were afflicted in more aggravated form, but
are now completely healed. I believe myself COM
pletely cured. I shall continue the CUTIcuRA Re-
directed, for its wonderful action on the
stomach and bowels and cooling influence on the
many cases. to urge the afflicted to use these Won
derful remedies.
Yours, ETC., STEPHEN CROWELL.
New BEDFORD. Sept. 80. 1878.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
THE COURTS.

COURT IN GENERAL TERN.
To-day, Wilson agt. Gatchell and same agt.
Gatchell and Royce; opinion by chief Justice
affirming Judgment below In favor Of plaintiff
Cruit agt Davis; opinion of chief Justice affirm
ing decree below. This was a bill to cancel Ger
tain notes under an agreement that in a certain
contingency they should be surrendered, but
they had been pledged by Cnas. T. Davis as col
lateral with Mrs. Barron. The court held on
the receipt given for the notes in which the
term is used ito be delivered to said Davis at
any time and without payment, and being
held in trust for the benefit of Davis" that no
title was passed. 1t was claimed that the latter
clause was forged, but the court said there was
no proof of it. Morgan agt. District; on hearing.
CRIMINAL COURT-Ju1ge Hdg7er.
To-day, Edward NARROW, alias Babe Hawkins,
assault on Officer Clayton; verdict guilty. Rich
ard Ross, receiving stolen property; nolle pros.
Same party, grand larceny Of watch, &C.. from
Col 81. c. Corbin; on hearing.
EQUITY CoURT-Jttdge Macarthur.
Yesterday, Stegmaier agt. Stegmaier; eXcep-
lions to auditors report sustained in part.
Bieber agt. Lang; specific performance decreed
Ex parte Martha c. Saunders; j. C. Saunders
appointed special guardian.
To-day, Vandenburg agt. Gordon; bill dis
missed. Kaighn agt. Kaighn; do. Hopkins agt.
agt Hopkins; sale ratified. Dauphin agt. Key;
hearing on application for Injunction before
General Term fixed for December 4th. United
states agt. SmOOt: on hearing.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
GEORGETOWN.

BUILDING AssoCIATIoN.-At the 18th regular
monthly meeting of the Ninth Building Associa-
ton, held last night, at StOddard's Hail. 81. 500
was retired, being twenty shares at the maxum
rate.
LODGE MATTERs.-The annual visitation cere-
monies Of Potomac Royal Arch Chapter, No. s,
were made by MI. John TWeedaie and Chas.
Nelson, II. P. ....Hermione Lodge, No. -, K
of p. hold their visitation services tonight.
VIM. Doherty, P. c. Of Decatur Lodge, No. 9, de-
liverS the address.
THANKSGIVING DAY services at Dunbarton-
street M. d. Church. See advertisement.
GRA1N.--zzArrived by canal boat II. NJ. Talbot
with 500 bushels OF corn, 100 bushels of wheat,
and $50 bushels of oats.
MERCHANTS MISUNDERSTANDING on change
to-day: 16S bushels Of wheat, sold at S1.4Sk.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
Delivery of Lottery Mails.
LEGAL PROCEEDINGS AGAINST THE POSTMASTER
GENERAL.

LEGAL PROCEEDINGS AGAINST THE POSTMASTER
GENERAL.
Yesterday afternoon, as the Supreme Court
of the District was about to adjourn for the
day, Judge BARLEY presented an application in
the name of N. A. Dauphin, secretary and agent
OF the Louisiana State Lottery company agt.
Hon. d. M. Key, Postmaster General, to restrain
the Post Office department from interfering
with the delivery of money orders, registered
letters, &C., which had been received at the
New Orleans post office, directed to NJ. A. Dau-
phfn, secretary Louisiana State lottery, as also
to NJ. A. Dauphin secretary, &C. Mr.. BARLEY
said that considerable amounts of money in the
form OF money orders, and under the Enclosure
of registered letters, &C., were detained in the
Generals circular forbidding the delivery of
mail matter directed to persons known as agents
OR proprietors of lotteries. The same thing had
taken place in other cities. and notably in New
York, where suits had already been begun
against the postmaster. He was at liberty to
say that the Postmaster General desired q
speedy adjudication OF this question here, in
order that the case may be carried for final adj
judication to the Supreme Court of the United
States. The bill recteS the action of the Post
master General, and the complainant says he is
advised that the sections 1929 and 4041 of the
postal laws, under which the Postmaster Gen.
eral has directed the postmasters to withhold
lottery dealers letters, &C., is beyond the con-
St1tutfonal powers of Congress, and that the
order of the Postmaster General is not author
lied by this law. Judge Cartier said that the
court would take the papers and consider the
application. The course of proceeding here. in
cases against officers of the government, was
always first to issue rule on the official to
show cause why the Injunction should not be
issued as prayed, and to take no action until
the return Of such rule. The court would con-
slider the matter and announce decision to-
day.
THIS MORNING.
on the court converting Chief Justice Cartier
announced that having been advised that appli-
cation had been made to the Equity Court they
had come to the conclusion to let the case re-
main there, and the order will be made. and
when the case comes here they will give it an
early hearing and place the parties ON the high
way to the Supreme Court OF the United States
IN THE EQUITY COURT.
During this morning Judge Macarthur in the
Equity Court made an order to show cause why
the writ should not issue returnable on Thurs
day next, in General Term. and it was given to
the marshal, who served it. MessrS. Barley
Southland, Moulton, johnson, Levy, and Hay
appeared for petitioner.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
CITY ITEMS.
Regulate the Blood /!

Regulate the Blood!
Take that wonderful preparation, Q,1rk'S Irish
Tea. 1t cures biliousneSs. Price Is cents.
HEMoRRHoIDs certainly cured by Bar7ett's
Pile S,tppOsitorp. ''The Old Doctors Legacy" a
pamphlet on the disease and treatment, mailed
free, OF on receipt of 81 currency or StampS) a
box OF IA Suppositortes and the book will be
mailed. Sold by druggists. Address Bartlett
Co., SIS Fnbert street, Phila. 10,15-w,s,10
NY.
60 have made sufficient experiment Of
C0lde'S Ldebfgs Liquid Extract Of Beef and Tonic
IarfgordtOT, to enable me to say it is by far the
best OF all the preparations of the kind JoOd
and tonfc) that have ever used. To the sufferer
from chronic diseases, or the convaleScent, 1t is
invaluable, being both nourishing and strength
ening." Sold by all druggists and grocers.
.Hurrah!
Qatirh's IRISH Tea, the poor mans friend. Price
% cents. Prevents bilious attack. Sold by
druggists.
To Ladies and Gentlemen.
We wish to call attention to A. Fishers
Chemical Securing and Dyeing Establishment,
NO. 600 street, near 9th street. By promptly
adopting the latest improvements, whether of
American or European Invention. he is enabled
10 90 his work In manner not to be eQualed by
those not possessing these facilities. Ladies'
and Gents Garments thoroughly cleansed The
enectual removal Of grease spots guaranteed J !
through Sk1llful pressing and refiniShing, all
garments will appear like new. Cheapest prices
In the city, according to the work done, and suit
Ing dull times.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
CUTICUR.l sop,
Medicinal and Toilet,

Is prepared from CuTfotRA in modified form. and
is positively indispensable in the treatment of Skin
and Scalp Diseases. We recommend it for the pres
ervation of the skins of infants for gentlemen who
who desire clean and wholesome Skin and Scalp,
and for all purposes of the toilet bath and nursery
Its delightful and refreshing fragrance equals OF
SURPRISES the finest Partisan Soaps.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
CUTICURA
BLOOD AND SKIN HUMORS.
The Seourge of Mankind-Old Methods
of treatment and remedies a failure.

CUTIcURA REsoLvKNT, the Great Blood Purifier
and Liver Stinulant is the most searching, cleans
ing, and purifying agent of this century It may be
in forty minutes after taking the first dose showing
that it has entered the circulation and been carried
to every part Of the system. 1t forever erndcates
the virus Of Syphilis, Scrofula Cancer and Canker
those terrible blood poisons that rot out the ma
tons. Taken internally in conjunction with the
external application of CUTICURA, the Great Skin
Cure, it speedily cures Scrofulous Ulcers and Old
Sores, Salt Rheum, Psoriasis, letter, RngWorm
Scald Head, Dandruff and all Itching and Scaly
Diseases Of the Skin and Scalp.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26
Il RUNNING SORE
Cured in One Week.

Messrs. WEEKS & PorTER.-Some three or four
weeks ago / ordered box of CUTICURA for bad
case of Salt Rheum. The back of one of my wife's
hands a running sore. In one week from the
day it arrived her hand was well and has remained
so up to to-day. Z. P. DAGGETT.
MILFORD, Me, June 10, 1878.
NoTE.-Reader, don't you think these cures re-
lnarkable?
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26

CAN THE UNITED STATES TAKE MoRTGA GE?-
To-day, in the Equity Court, Judge Macarthur
the case of the United States agt. Smoot was
taken up-Dfstrict Attorney Wells for the gov
for the defendant. The question in this case is
as to the power Of the United States to take
mortgage, General Butler claiming title in the
property In dispute under second mortgage.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26

A CoLoRED BIGAMIST IN TRoUBLE-In the Pc
lice Court to-day, SinlmS McGooms Nichols,
stout yellow man, was charged with bigamy
Malinda Nichols testified that she was married
to the prisoner In Charlottesville. Va, about 16
whom only one is now living. r. S. Laws. a
colored minister, testified that he married Mich
OILS to a colored woman named Hannah VIM.
in this city on the 18th day of last August. The
case was sent to the Grand Jury bonds $500
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-26

i1 Potter Ghemsts and DrnPrsts s6 Wash
ngton Street, Boston, Mass, and for sale by all
Druggists. Price Of CUTIcURA. small boxes, so
cents: large boxes, 81. REsoLvENT, 81 per bot
tie. CurIcURA SOAP, 2s cents per cake; by mail,
80 cents; 8 cakes, rs cents.