davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

vs.. No. 3459
J. J. BAKER.
Appeal from the Circuit Court of Holmes
county Hon. VIM Cothran, Judge.
Baker, claiming to have been elected Sheriff
of Holmes county, brought this writ of gao trar
ranto against Hoskins, who as former sheriff
holds over until his successor shall have been
elected and qualified.
One Of the pleas filed by Hoskins alleged
that Baker was liable for public moneys I'M
accounted for" and therefore disqualified I'M
der IL, art of the Constitution.
Some years ago Baker acted as deputy for
one Loyerin, Sheriff, under a contract by
which the former was to discharge all the du
ties and receive all the emoluments of the OF
fee. Baker collected large sums of State and
County taxes which he failed to pay over, and
for which suits were brought against Loverin
and sureties, of whom Baker was one. Under
special Acts these suits were compromised and
the sums agreed on were paid by the sureties.
The act authorizing compromise of State tax
extended only to the amount then in suit.
The receipt of District Attorney, though broad
err in its terms. must be limited to that amount.
Acts 1917, p. 80.
Baker then owed, and still owes the further
sum of 81, 100 90, collected for liquor licenses,
etc, which was not known, and therefore not
embraced in the compromise. The relator
obtained judgment in the courts below. The
provision of the Constitution is as follows:
NO person liable for public moneys uuao-
counted for, shall be eligible
to any office OF profit or trust until he shall
have accounted for and paid over all sums for
which he may have been liable
Held
/. This language is not confined to public
officers. mo person liable is the expression,
and il embraces all who have in any manner
become recipients and holders of the public
revenue.
, The relator is considered ineligible. not
upon the ground that he was deputy OF "A pub
lie officer, or a surety upon the bond, but be-
cause it is admitted that he himself collected
and still retains portion of the public mon
eys. There must be some element of personal
default, some right in the State to demand of
him the payment of its revenue which he has
appropriated. Whenever this is the case, the
ineli gibilitY will attach regardless of the man
ner in, which, or the person by whom the money
is retained.
5. The fact that the State may, under the
private contract between Baker and LOverin,
hold the latter and his sureties liable, does not
acquit the relator of the liability resting upon
him. He is Ineligible to any office of profit or
trust so long as he remains liable for public
moneys.
4. 1t being conceded that Baker obtained a
ma jority of the votes returned and counted,
but being disqualified to hold the office, Hos
kins win hold over until his successor is
elected and qualified. 1t is the duty of the
Board of Supervisors to order an election.
Su6lstt as. BedDelL, A. Miss. 266.
Reversed, and information dismissed.
Opinion by CHALMERS, J.
II. 5. Allen, G, A Wilson and Hooker and
Groce, for appellants,
J. T. Gwin, for appellee.
ITO be reported.l
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

AMONG the bills which were pending
beforc the Committee on Banking and
Currency in Congress when it adjourned,
was one offered by Mr.. Myers, of lndi-
ana. which proposes to substitute green
backs for national bank notes. 1t direct
ed that all bank notes, as they reach
the Treasury, shall be assorted, and when
the notes of any one bank shall reach the
sum of $1,000 the bank shall be required
to receive back the bonds deposited for
the redemption of such notes, and the
notes shall be destroyed and new legal
tender notes shall be printed and paid
out in their stead. When the United
States notes thus called into existence
shall be accumulated to the amount of
800, 900 they shall be used to purchase
limited States bonds, and the Treasury
is forbidden toreceive, after the passage
of the act, any deposit of bonds as secur-
ity for the further issue of bank notes.
The bill was not reported back from the
Committee to which it was referred.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
Presidential Electors.

Chosen by Democratic State Convention.
For STATE AT LARGE.-F. g. Barry. c. P.
Nelson Alternately. VI. Inge, J. L. Nc
Caskill.
For the Districts-1st-C. 3. Mitchell. Al
ternate-W. 5. Bates.
dc D. Stands. AIternate-Thos. Spright.
al VI Ellis. Alternate-Wm Price.
4th--Wm. H. Luse. AIternate-Joel p. Wal
5rh-Robert \. Miller. Alternate--Geo. F.
Webb.
Gth-James F. Stokes. Alternate-Joseph
Hirsh.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
Gar1eld's Position on the Financial
Issues.

In Gen. Garfield the bond-holding
class have secured a candidate after
their own heart. He is for every meas.
ure that will contract the currency and
correspondingly enhance the value OF
money for the benefit Of that class even
if it does double the taxes and the bur
dens on the shoulders Of the toiling mass
es. The n. Y Public, an able journal de-
voted to the interests of the bond-holders
and the financial policy of the Admins
tration, testifies that che is the one
Western statesman who has never been
carried away by the Greenback craze,
the Pendleton trick or the silver mania. ;"
1t asserts that ''he never did fall into
the mistake of paying bonds in green
backs" that Is, he never was weak
enough to believe the money which was
good enough for all the classes. whether
soldier or citizen, laboring man or capt.
talist, was good enough for the bond
holders. He has steadily maintained that
they ought to be paid in gold exclusive
ly, with its value enhanced by the de-
struction of the other descriptions of
currency For, says the Public, ''He
'neuer did show any leaning toward the
"silver coinage, but was continually re-
'viled and assailed by journals fanatical
con that topic, because of his steadfast
advocacy of currency sound beyond
question or accident. In that respect
che will prove a much stronger candi-
''date than Mr.. Blaine, whose utterance
ION the silver question finds few admir-
''ers, now that experience has demon
'strated the unwisdom of silver coinage"
There will be no one to dispute these
statements. They are verified by the
Congressional Record The voters who
are opposed to the policy of destroying
silver, and greenbacks as lawful money,
to make times hard for the producing
classes, and prosperous for the privileged
classes, will have no encouragement to
support the Republican nominee.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

The Holmes County contested cleo
ton case has been decided by the Su-
preme Court, which declared Baker in
eligible to the office of Sheriff, and that
Hoskins shall hold the office until the
Board Of Supervisors shall order a new
election. The case Is reported in our
Law Department.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

yer. on behalf of the firm of DeGolver 4
Mcclellan, of Chicago, 10 argue before the
Board OF Public Works at Washington the
question of the superiority of their patent
for cured wood pavement
Question by Senator Thurman:
Was your argument on the legal question?
A-No sir. There was no dispute as to the
patent. but there was an important question
as TO which of the patents presented was the
best one.
Before the board had finally made its
awards | was called home TO. Cleveland,
and fearing great solicitude as to the result
of my labors and of course DESTROYS of sc.
curing my fees, called upon General Gar
field and gave him a history of the case as
il then stood, and asked him if he would act
in my absence. | said TO him |
had a fee in the case OF Importance TO me
and lc0uId Be glad to share 1t ruth him. The
same day or day after l left for Cleveland,
and when l received my fee some considera-
bic time after, from my clients at Chicago,
Ideposited General GayFsid's to his credit in
bank and 50 tgr0te him
In addition the fact IS also admitted by
Mr.. Garfield himself, who said in a speech
made at Warren, September 18th, in vindi-
cation OF himself;
1 worked at it as faithfully as anything I
ever worked at. | did it in open daylight.
have never been able 70 understand how
any body has seen anything in that on which
To base an attack on me- | made the
argument.
and the argument was successful, and the
$4,000 fee was paid. \ 500, 900 job was
obtained
But Mr.. Garfield, in the same speech, says
in regard to this transaction:
Ills said by some that it was in some way
connected with the United States Treasury.
How?
Let the appropriation bill of March 3,
1873, answer this question (See acts OF.
Congress Of 1872-73, page 154):
To reimburse the late corporation
o. Washington for work done, sc SlS5, COZ 10
To reimburse the Board of Public
Works for work done, &c.........- lO6.333 90
To complete improvements in
streets &c--.-.. YIo,4St 20
To reimburse the city Of Washing
ton fer Improvement of the ave
mus. ................l ,0oO, coo 90
.-..-...SZ,-Uo, U5o vi
The plea that he accepted the fee as a.
lawyer, will not avail him. He was mem
Der Ct Congress and Chairman of the very
Committee before whom his argument was
made! In other words for a fee of s., 900 he
made an argument to persuade himself that
he ought to report a bill letting out the
contract. The conclusion is inevitable,
that is he was guilty of accepting a bride
and thus corruptly selling his official inhu-
ence.
We ask in all sincerity, is such man fl
to be the Chief Magistrate Of the people Of
the United States-to fill the office of the
highest dignity and Importance within their
gift.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

WITH such men as Seymour, Han
cock. Field, Tilden, Bayard, Morrison,
Randall, Hendricks, Palmer, Thurman,
Jewett, Payne, and Mcdonald to choose
from, the Convention now in session at
Cincinnati, will have no difficulty in
nominating a man that can beat Car
field.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

TRrRE is no other man, to-day,
officially connected with the admins
tration Of the National Government
against whom are Justly preferred more
and graver charges Of corruption than
are publicly made and ahundantiy sus-
tanned against James A. Garfield.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
THE GREAT CONVENTION.
Harmonious and Enthusiastic.
Field in the Lead for Nomination With a
Possibility for Mcdonald.
THE oRGANIzATIoN OF THE MISSISSIPPI
DELEGATION.
ESPECIAL TO The CLARION. I

CINcINNATI, ONO, June %, 1880.
Convention harmonious and enthusiastic.
Judge Hoadley, of Ohio, temporary Chair
man, delivered a ringing speech. A strong
movement for Field, and a possibility for
Mcdonald as a dark horse Mississippi
delegation organized, Z. c. Walthall, Chair
man; W. : Featherston, Vice~President !;
f. Barksdale Committeeman on platform :;
Warren Cowan, on Credentials; r. H..
Taylor, on organization w. T. Martin,
National Committee. Protracted contest
probable, but harmonious result certain.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

The official statement made in re-
spouse to 4 Senate resolution of the ex-
penses growing out Of the war from
July 1, 1861, to June so, 1879, inclu-
sive, amounts in gross expenditures to
5000, 792 sos; ordinary expenditures,
5000, $40, 123 81; specific expenditures
of war, S6.1S7,243 $50. 1t took that
much to-crush out the Confe1eracy in
money, and about one million of lives.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

DENNIS KEARNEY, in speaking of the
Greenback ticket recently said eve
will carry Maine, California, Alabama,
and Mississippi, and perhaps Texas"
Dennis, me boy, amt you casing?
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

GARFIELD and Arthur both represent
the worst elements of the politics of the
day. They are venal politicians and
sectional agitators.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE balloting for Vice-President in
the National Greenback Convention
stood For E. J. Chambers, of Texas,
403 for A. NJ. West, of Mississippi,
81.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

Mr.. f. P. ODoM, proprietor of the
Sea Shore Gazette, at Bay St. Louis,
offers the paper for sale, as he desires to
retire from the business ON account of
falling evesight.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
Ever Progressive.

y .
That ever progressive, and sterling journal,
The JACKSON CLARION, has added a legal
column to its contents, which makes it more
valuable than ever. Judge Brame not only
furnishes the Supreme Court proceedings, but
each week writes quite instructive articles on
the changes in our code Of laws,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE Republican nominations have
fallen still-born so far as the Mississippi
are concerned. They have
met no response.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
Democratic Conservative State Executive
Committee,

Elected by State Convention May q, 1880.
For STATE At LARGE-W L. Hemingway,
Chairman; Oliver Clifton, John D. Bills, Alex.
Yerger Ben. King, Sr.
For Observation-Disclosures Kincannon. r.
" Banks.
2i-S C Balch John W Falkner
3i-C. H. Campbell, J. II. Neville.
4th-E. F. Noel John P. Harris.
jth-R. II. Thompson, Patrick Henry.
Christopher Thrasher, J. " Lambert.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

DIFFERENCE in number of swine and
sheep in Kinds county, for the years
1873 radical rule,) and 1873 Demo
cratic rule,) showing what Democratic
Ierislntinn has done. VIZ:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

GEN. HOWARD, ofFreedman's Bureau
swindle notoriety, is christian states
man." Gen. DeGolyer Garfield is anoth-
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE Greenbackers nominated J.. B.
Weaver, of iowa for President, and E.
j. Chambers, of Texas, for Vice Presi-
dent.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE provisions of the new Code rela-
ting to the property rights of married
women, are clearly set forth by Judge
Brame, in our law department.. We
call special attention to it.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

The Ripley Advertiser comes to hand
again after long absence, having been
suspended since April 9TH, at which
time its office was destroyed by fire.
We extend it a hearty welcome.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

STARKvILLE has had another 800. 600
fire. No fire apparatus the cause Of so
much destruction of property.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

GEN. CHESTER A. ARTHUR, the Re-
publican nominee for Nice-President,
was removed from the Collectorship of
the Port of New York by President
Hayes, avowedly for dishonesty and in
capacity.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE CLARION booms with Facts for
the Canvass this week, Keep the
paper; you will need it during the cam
vass.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
y
Greer & Adams, for plaintiff in error
Calvin Perkins, contra.
To be reported
B. A. DUNCAN,
vs.. No. 34Z4,

b. F. ROBERTSON,
Appeal from the Chancery Court of Clay
County, Hon. G. 4. Evans, special Chancellor
The opinion states the case eoncisely and is
given in FULL
Mr.. Duncan filed his bill enioining the sale
of a tract of land under execution emanat-
ing from a judgment against his wife, alleging
that the land belonged 10 him and not TO his
wife, that the Judgment against the wife was
void, but that a sale and conveyance Of the
land under 1t would cast cloud upon his til
tie.
The proof developed the fact that his own
title was void. The land originally belonged
to the wife and the husband derived title
through an execution sale based upon a iudg-
ment recovered against the wife by one Sykes.
In the suit which eliminated in this Judgment
Mrs. Duncan, though shown.by the pleadings
to be married woman, was proceeded gain st
IN all respects as If fsR'nle sote or person sui
jHris.
There were no allegations Of the ownership
by her of separate properly, or Of the excep-
uOnal circumstances which make the contracts
Of n femme corert binding upon the separate
estate. The judgment was by nj dicit
Under the well settled doctrines Of this
Court, sale under such a Judgment does not
pass the title OF the pr opeety of a married wo-
rs. Buck, % bid 3I4.
The complainant, therefore, is shown to
have title, and as he who invokes the aid
of Court of Chancery to remove, or to pre-
vent the creation of a cloud upon title must
show perfect legal or equitable title in him
self, complainant bill was properly dismissed
As there was some doubt as to the validity
of the judgment against the wife held by de-
PENDANT Robertson, sale under which was
by this bill sought to be enioined the Chan
cellOr dismissed complainant's bill without
prejudice to the legal rights of either party,
leaving them to test hereafter in a court of
law, the respective strength of the legal titles,
if a sale shall be had under Robertson's judg
ment. We approve and affirm the decree.
Opinion by CHALMERS j.
White Bradshaw, for appellants.
Fred Beall, Contra
ITO he remarked
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

ment, in the same manner as if she was MAJ
married" z 117O Same as 1855 Code Is71.
These provisions effect probably the mos.
radical change made By the new Code Thew
Of course, completely upset sections l77s /,
1884 inclusive, also sections 1856, l7s7 ap5
1871, of The Code Of 1871, which sections all
omitted.
DESCENT OF PROPERTY AS BETWEEN Bus.
BAND AND WIFE.
Section I7ss Code 1871, amended 30 ash.
read as follows:
If husband dies intestate, leaving d.
children nor descendant Ut children De-.
widow shall be entitled to his entire e-...
real and personal, in fee simple after rlrr.ar,
of his debts; but where The deceased Fls.,.#
shall leave child or children. hr that. ..-..
former marriage, or descendant 0t such chill
or children. his widow shall have "a r......
part OF his estate, in either case ina tee -.r.I.
Ii any married woman shall die. nuuir. Ind.
real or per S0nRl estate not DISPOSED ot Do shall
descend TO her husband, and % Lel chi. Ir.-.
or their descendants, II she have amy SURVIVE
ing, either by former husband. on blythe .r-.
viyIug husband, in equal parts according. .
the rules Of Csceut. And lt She -Uo...I las.
children and there should also ie l.-se... ..-
of other children, who had died ha..r. t.a
mother. such descendants shall ll.r.l. t..
share 10 which the parent would boom entitled
If living as co htlIs with the surviving. r....#-
rem. Bat if she should have u9 l.'Iraa DIP
descendant OF them, then the husband Shall
Inherit all of her properly. lllI-
When husband makes will aud doe. r..
make satisfactory provision for bis wife, .a.
may, at any time within six months a..-
probate Of the viii, renouuee tile saue. a,f
thereupon she shall be entitled o. .r.l r.-
Of the estate as she woulI have received h.
case Of intestacy bpt in such case uu. t. I'll.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
Bound to Have Him.
Washington Post1

" dsHIuBtOH F0st.I
in Snern9n-de safe Daggett, Of Brooklyn,
5 5tIPs uroer the same bed-quilt with a colored
nlRhts. He says the situation was perfectly
AWFUL, but he was bound To capture that
nlgger's vote lift killed him.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE colored brother don't ert,use
to any great extent He does not have
much use for 'sdat man Garfsh, what
beat Gen'el Grant"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE mob viii not run the Cincinnati
Convention as it did the Chicago pow
WOW.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

Sherman is having his revenge. The
United States Marshal of Arkansas, and
another prominent Federal official in
that State, both Grant delegates to Chi
cage, have had to ''step down and out. "
Sherman men, of course, take their
places.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

CONGRESS adjourned on the 10Th.
The failure Of the bill providing a rule
for counting the electoral vote is to be
regretted. 1t was defeated by Republi
can fllibustering in the House.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THERE is good timber in Senator Ea-
ton, of Connecticut, for a Presidential
nomination. 1t will be remembered he
was the only Democratic Senator who
voted against the electoral bill which
made the eight to seven fraud possible.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23
THE DE GOLYER JOB.

This case Is still worse, if possible.
Garfield was Chairman Of the Commit
tee on Appropriations. De Golyer
wanted to get bill reported by that
committee giving him a job worth
500, 900 He employed Parsons, the
law partner Of Garfield, to argue the
merits Of the case before the Garfield
committee for So, 900. Parsons, owing
to other engagements, could not attend
to it, therefore he employed his partner
Garfield, to represent him in the case
before the Garfield committee Gar
field made an argument to himself SO
conclusive that he convinced himself,
and reported the $4,000 job bill favor
ably. 1t passed the House, Garfeld's
political friends having majority in
that body. 1t became 4 law. De
Golyer got his 500, 900 job; and Par
sons and Garfield got their $500 fee.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

HENRY WARD BEEcHER is for Broth
er" Garfield. Mrs. Tilton has not yet
been heard from.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

THE National Republican, in speaking
of crop raising in the South, says: "And
yet it is safe to say that fourth of the
crops of the South have been heretofore
raised with no other agricultural instru-
ment than hoe" Yes, it is perfectly
safe to say so, butt is false all the same.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-23

"Q.-State all you know in reference to
it? Al told him he knew very well that
that was a dividend. In one conversation he
admitted it, and said as near as | can remem-
her, that there was 81 400 due him in stock and
bonds He made little memorandum of ST.
600 and 81 400 and, | recollect, said there
was 81 900 of Union Pacific Railroad stocks,
81 900 Of Credit Mobiier stock and S40Q of
stocks or bonds, do not recollect what.
"Q-When was this memorandum made
At was made in my room | cannot remem-
Der the date. II icaS male since this ingestig0-
ton commenced.
"Q-Have you the memorandum that Mr..
Garfield made? Al have the figures that he
made"
Paper shown to the committee in Gar
fields handwriting containing figures as fol-
lows: