davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18
ITO be reported. ]

| d. II. THOMAS AND WIFE,
y. B. CALHOUN, EFT AL.
Error to the Chancery Court of Noxubee
County, Hon. f. A. Critz, Chancellor.
The opinion states the case and is given
In full
GEORGE, J.
The appellants filed their bill in the Chan
Gerry Court 20 enjoin the continuance of a
mill-dam which they alleged was private
nuisance As to them. The equity of the bill is,
that the defendants mill-dam has caused a
part of the comp lainant's land TO be injured by
the fowage of back water on it, and also by
increasing the height of over1ows OCCASION
ed by freshets; and that it has rendered the
compIanants residence unhealthy. The an
swer denies fully the allegations of the bill
on these points Several witnesses, includ-
ing the neighbors and three doctors OF medi
cine, were examined. The Chancellor on
final hearing dismissed the bill, and the com
pfainants have appealed.
We can not say that the decree of the
Chancellor is erroneous; but we think it is
fully sustained by the evidence.
The injury done to the land of the COM
plainants is of trihing nature, and can
be fully compensated by an action at law
be irreparable, nor incapable of being
removed by the building of levees designed
to confine the creek within its bed. In such
a case when the business complained of is
lawful and carried on wholly on the land
of the defendant, equity will not assume to
exercise the delicate duty of preventing by
Injunction the exercise of the right of
ownership by the proprietor. BiglotO a..
Hartford Bridge Co., II Conn, 578 Nc
CorEer a. Ha, II Ohio R., 387 Green o.
Lake, "a Miss, r., $50.
The proof leaves it in great doubt wheth-
er the dwelling of the complainants has
been rendered more unhealthy by the cree
ton of the mill dam. This is an application
to the court to enioin the defendants from
a lawful use of their property-a use for
which it is adapted by nature, and which
is valuable to them.
1t is true that no one has a right to use
his own so as to cause a legal injury to an
other; and courts of equity will in proper
cases enforce by injunction the rights of
/ third parties thus injured. But whoever
asserts that the owner should be restrained
/ in this use, when the business carried on is
/ lawful, must make it clear that his rights
/ have been invaded. The court will not in
! terfere in a doubtful case.
| Where injury to the healthiness of COM
plainants dwelling is the ground on which
/ reliefis asked, the court will be prompt to
interfere; but, to justify the interference,
the complainant must show to its satisfac-
ton that the injury inflicted or threatened
/ is real, and not purely imaginary.
Affirmed.
Rives & Rives, for plaintiffs in error.
Jarnagin, Boyle & Jarnagin, contra.
To be reported.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18
- ~'ANeAAStAAF NNfNer -
To be reported. ]
ANASUEL BURKE,

v ?
w. L. CROMWELL, Shift
Appeal from Judgment of Hon. F. A.
Cri1, Chancellor, on habeas corpus, Clay
county.
Silas Chandler made affidavit before J. L.
Randolph, mayor and er-o6fciO justice Of
the peace, that Amanual Burke did sfeloni-
ously make an assault and battery upon
the person of his son, William Chandler,
with a certain deadly weapon, to-wit: with
knife, and did cut the said William in
a cruel and dangerous manner, not in
necessary self defence"
Burke was arrested and tried August 81
1851. The justice entered Judgment, oil
order, as follows: ct is considered by the
Court that the defendant ia guilty a.
charged, and he is ordered to be con
lined in the county Jail and safely kept i'm
prisoned until ordered before this court, o.
until ne is otherwise discharged by du,
course of law"
The prisoner then sued out a writ o
AGosa' corpus, alleging that he was illegal,
confined.
On the I'd Of September. after til
natof the Chancellor ordering the writ. tn
justice had the accused again brought b
iore him and entered another Judgment. n
Citing that the testimony showed that III
wounds of tie injured psrsoa Ners not On
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

with justice and fairness towards his COM
petitors. The contest being over he retain
ed no bitterness, and cherished no resent
ments.
He has run his career. His mission in
life is ended. His example, and the memory
OF his many great virtues, and of his many
brilliant and useful services, remain to teach
and inspire us. They teach US this great
lesson for guidance in political action. In
all we think, in all We do, in all We hope
for, let our country be first.
Patriotism is an essential element of
goodness and greatness. No man can be
entirely good or great if the niche in his
heart in which should be placed the image
OF his country be without an idol We
must, therefore, distinguish between our
country and a corrupt and oppressive
administration of the government Our
country always needs the unselfish service
of her children. Now more than ever is
this service the imperious duty of true
patriotism. Like our departed friend, for
whom we mourn to-day, whilst remember
ing that we are citizens of Mississippi and
bound to serve her all the more faithfully
and lovingly for the desolation and woe in
her borders caused by war, and the terrible
agencies of the abnormal period which
succeeded active hostilities, let us also
remember that we are citizens of renewed
Union and let us take care that no sense
of wrong inflicted no feeling of disappoint-
ment, shall prevent US from discharging
fully the high duties of American citizen
ship.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18
SUPREME COURT DECISIONS
Reported for The Clarion by l. Brame, Attor-
ney-at-Law, Jackson, Miss.
OCTOBER TERM, 1880
C. A. Icon.

q. a. Icon.
CATuERINE SPENCER, TT AL.
Error TO the Chancery Court Of Hind.
County, Hon f. G.. Peyton, Chancellor
aIs74 Wesley Crisler died, leaving q
will containing the following provision
ar my wife Catherine survive me,
! wish her to have her dover in all my lands
As provided by Law, for the term Of her nat
ural life" The wife did survive. Under a
Judgment against her, the interest she held
in the lands Of her former husband was sold,
no allotment having been made her share.
The purchaser filed bill for partition. Two
questions are presented !. Did the widow
take as devisee or as tenant in dover? 2
If the interest was dover estate, before al
Io,ment, could it be sold under execution?
The Chancellor dismissed the bill.
The opinion is given in full.
CAMPBELL, J.
The widow held as doveress, and not as a
purchaser
assignment of dover, the interest of the wild
ow AZ such in the lands Of her deceased hus-
band l. not an estate but is a mere claim, a
cho-e in action, aud therefore not vendible
under execution.
This view of the claim of the widow to
dover i'm this State was announced IN WaL
Ltee ~ Smith, Heirs, > :. * NJ, 30, under
statutes nearly the same rs were IN force
when this case arose, and is the prevailing
doctrine in the United States. Scribner
on Dover, p. 81.
In some ofthe States having statutes SINH
lar to those of this State "a to dover, the wild
ow il held to be a tenant in common of the
land Of her deceased husband with his heirs.
Although this view seems the more rational,
the contrary has been announced in this
State as above stated.
affirmed.
James Shelton, for plaintiff in error.
j. w. jenkins, co,itra.
ITO he rpported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

"GuLTY or not guilty ?" asked Gal
weston Justice of the peace of colored
culprit who was accused of stealing a
whole line full of linen.
sDat ar ponds on circumstances.
Eff YOU is gwine to femme off wild a
repriman', like las time, den owns up
to six shirts, foah pilly-shps and about
a dozen udder pieces, but if You is gwine
to sock it ter me, den, sab, ! calls for a
;ury to windicate myself, so can sue
for SAC, 900 damages.
.sTll enter the plea of not guilty. :.
at sav. boss, if you will femme off wild
do ren-iman' I'll plead guilty to dis fust
s,G and FIVE chickens pulled las
week and a wood-pile Pse gwine to IN
spect ter-night.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18
PITH AND POINT.

Or seeing a house being whitewashed, a
small boy asked, 'Man, if you please, are
you going to shave that house?'
"YoU see how bald l am, and l don't
wear wig" s'True, sir" replied the ser
want. "An empty harm req uires no thatch p
BRIDGET-fAnd how shall | cut the pole,
mum F' Lady of the house-fCut it into
quarter" Bridget-"And how minny quar-
tiers wud I cut it into, mum %
WHY is cows tail like the letter
Because it's the end of beef. Here's an
other quite as bad. Why is an egg like a
colt? Because it is not fit to use until it Is
broken.
An article is going the rounds entitled,
"What Kissing Really Is" Gentlemen,
there's no use in trying to explain what il
always will be.-Kentucky State Journal.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18
o. TELL ME NOT OF HEAVENLY HALLS

O. tell me not Of heavenly halls,
OF streets Of pearl and gates of gold,
Where angel unto angel calls
Mid splendors Of the sky untold
Nv homesick heart would backward turn
Ts find this dear, familiar earth,
To watch its sacred hearth-fres burn,
To catch its songs Of care or mirth
I'd lean from out the heavenly choir
To hear once more the red cock crow,
" hat time the mornings rosy ERE
Ger hill and field begin to grow.
To hear the ripple Of the rain,
The summer waves at oceans brim,
To hear the sparrow sing again
Id quit the wide-eyed cherubim
I care not what heavens glories are
Content an /. More JOY il brings
TO watch the dandeliou' star
Than mystic Saturn's golden rings.
And vet. and veto dearest one,
Ny comfort from life S earliest breath,
To follow thee where thou art gone,
Through those dim, awful gates Of death
T. find thee-feel thy smile again,
To have eternity long day
TO tell my grateful l0vc-wby, then,
Both heaven and earth might pass away
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

sidered dangerous; and, thereupon, the de
fendant was recommitted to Jail to be con-
fined until he should give bond in the sum
| of $500, conditioned for his appearance at
the circuit court.
On the habeGs corpus trial, no testimony
was introduced, except the proceedings had
before the justice.
The Chancellor decided that the relator
was not illegally detained, whereupon he
prosecuted this appeal.
The opinion is given in full.
CAMPBELL. J.
The affidavit on which the justice of the
peace issued a warrant TOR the accused, does
charge him with a felony, but the facts
stated may amount to a felony, end if1the
justice was satisfied that the accused was
guilty ola felony, it was his duty to require Of
him recognizance to appear before the cir
cult court; and he was not illegally detain-
ed by the sheriff under the mittimus of the
justice of the peace.
The affidavit served to procure the warrant
for the arrest of the party charged, and
when he was before the justice Of the peace,
it was the duty of that officer to determine
as to the grade of the otfense proved against
the prisoner, and if found TO be such that
the circuit court alone had cognizance of it,
1t was proper to require a recogniZance to
appear before the circuit court. A6Trmed
A. b. Cornell, for appellant.
T. c. Catchings, Attorney General, con-
ira.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

The clerk prosecuted a writ of error.
The opinion is given in full.
CAMPBELL, J.
The Chancellor erred in denying to the
clerk n fee for "order of publication and
copy of it furnished to the printer. He is
not entitled to 75c, for each, but Is entitled
to fifteen cents for each hundred words In
the order rs entered, and like compensa-
ton for the copy Of the order furnished to
the printer An order of publication was
required by law to bc made i'll term time or
vacation 1t may be regarded As a decree,
and for enrolling or recording each decree
the clerk is allowed fifteen cents for each
hundred words it contains. The enrolling
or recording meant is the entering in full
on the minutes. The copy furnished the
printer was embraced in the provision for
fees for copies.
The clerk is entitled to the fee provided
by S2l, of the Code of 1871, for admin
istering the oath to prove publication and
certifying it.
For enrolling or recording the order APP
pointing a guardian al Item the clerk is
entitled to fifteen cents hundred words ;
and he Is entitled to the same for entering
the decree of the court approving the action
Of the clerk in vacation.
In all other respects the decree of the
Chancellor was correct.
He did right to deny everything not al
= lowed by the statutes on the subject.
However meritorious the claim for services
rendered by an officer, if compensation for
them is not provided by statute, it must be
denied Reversed and reHadnded.
r. G. & H. w Rives, for plaintiff IN
error
J. Z. Madison, contra.
IL hn rnnnrtnd Il
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

4 LaTrLE girl, noticing the glltserlng
cold filing ID her aunts 'front.' tsetns eA'
eiaiIne1. AnnG Mary, wish ma copKer'
foed heih like likR yours
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-11-18

not only the time necessary to fatten the
animal, but the cost of doing it. Agricul-
tural chemistry teaches this. and we find
that certain foods will Be fit-producing
while Others will produce muscle, and we
always feed our working stock Cor should do
so) differently from those we intend for
food.
It can certainly do no injury to any one
to devote enough time to the sciences or
any other department Of human knowledge,
to be acquainted with Its elementary prin-
clples, though IT Is not necessary for one To
pass through college and to be the recipient
Of diploma in order 10 have this informa-
ton, yet such course may tend, and,
doubtless, does have the effect Of fixing on
the mind, in a more forcible manner. than
would be the case if such information were
obtained by observation and reading. with
out the advantage Of the experiments a
student would witness in a properly equipped
and scientifically manipulated apparatus,
such as every institution of learning should
have.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
Eastern and European Marke,a.

New YORK, Sept. Money easy st 2@3
per cent, closing at 2@215 per cent. Prime
mercantile paper 471@515 per cent. Sterling
Sight exchange on New York 1881.
Governments quiet and generally firm. Rail-
road bonds active and Irregular; st. Louis i
Iron Mountain seconds aavarcRd rer cent
State securities d1il and uominal
6tocks-The stock market Opened generally
arm, but was unsettled in the early dealings
and at the frst board prices declined A@2 per
sent, the latter in Chicago, Burlington &
Quincy. During the afternoon speculation
became firm and the general list recovered al
most the entire decline, while Hannibal & st.
Joe common advanced 2% a1d preferred per
cent. There is an extensive pool in this stock.
The improvement vas generally maintained
to the close. The hannibal & St. Joe shares
were very active, reaoting I@I$s per cent.
respectively. Montauk Coal rose per cent.
on the days transactions to 81 and closed at
that price bid. The friends of this stock pre-
dict still higher prices and talk of par for it
by October lat.
The transactions aggregated $4,000 shares, OF
which ,0GG were Columbus, Cincinnati & Indiana
Central $500 Chicago, Burlington y Quincy; H. 900
Delaware, Iackswsnps & Western; $4,000 Erie;
~ QUO Hannibal L st. Joe: 5000 st. Louis Iron
MoUDtain; 2,400 Missouri, Kansas 4 Texas: 10000
Lake Shore 1850 Michigan Central; $500 8Iortauk
OoaIi 2,4OO Chicago Northwestern; 1890 NASH
vile, Chattanooga Il ST. Louis: $500 New Jersey
Central; 10000 Northern Pacific; $40 Ohio & Mis-
sissippi 5000 Pacific Mail; 3,409 Chicago, AIllwau-
koe & st. Paul; 10000 st. Paul Omaha; 1900
Union Pacific; 1900 Wabash, st. Louis & Pacific;
and II 600 Western Union
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
HEALTH AND HAPPINESS.

It seems strange that anyone Will suffer from
tbs many arrangements brought on by an Inn,
pure state of the blood. when 6coyiD's Blood
end Liver Syrup will restore perfect health and
physical organization. It Ii indeed strength
ening syrup, pleasant to take, and hiss proven
itself to be the best blood purifier ever dis
covered, effeotually curing scrofula, Syphilitio
disorders, Weakness of the Kidneys, all Nervous
disorders and Debility. Il corects indigestion.
It makes the old feel young, the young feel
gay, and will invariably drive ont Of the sys-
tenn the many ills that human Resh and blood
ere heir to. Price of large bottle with full ID.
rections, 81. Asiagie bottle will prove to you
its merits e. health renewcr, for it acts like .
charm, especially when the complaint Ia Of Al
exhaustive nature, having . tendency t. lessen
the natural vigor of the brain and nervous
system.
Remember We keep this excellent Blood snd
Liver Syrup for ssle st our drug store IN st.
Paul, and do most cordially recommend It to
our customers and al good people. Noru
BAGS. j. OuTIxa. agents.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
CTATE OF MINNESOTA, COUNTY OF RAM.
~ sey. In Probate Court, Special Term, August

QTATE OF MINNESOTA, COUNTY OF RAM
4th, 1880.
In the matter Of the estate Of Andrew L. shearer,
deceased:
On reading and fling the petition Of George Benz,
administrator Of said estate setting forth the amount
Of personal estate that has to his hands, and
the disposition thereof; the amount OF debts out
standing against said deceased, aad description of
all the real estate Of hch said deceased died Seized
AID the condition and value Of the respective por-
tions thereof; and praying that license be to him
granted to sell at private sale all the real estate set
forth and described In said petition; and 1t appear
log BY satd petition that there is not sufficient per-
sona estate In the hands of said to
said debts and that 1t is necessary In order to
the same, to sell all Of said real estate;
Its therefore ordered, that all persons interested
on Monday, the Goth day Of September, A. D. 1880,
at ten O'Clock In the forenoon, at the court house
Saint Paul. tn said county, then aud there to show
cause u any there be) why license shonld not be
granted to said administrator to sell said real estate
according to the prayer Of said petition.
And It Is further ordered, That q copy Of this
order shall be published for four successive weeks
prior to said day Of hearing, the last Of which publ
cations shall be at least fourteen days before said day
Of hearing, In the DAILY GLOBE, newspaper
printed and published at Saint Paul. III said county,
and personally served on all persons Interested In
aad estate residing 10 said county, at least fourteen
days before said day of hearing and upon all other
persons interested, according to law.
by the Court, HENRY OGORMAN,
tL.a Judge Of Probate.
Attest: Frank Robert, Jr Clerk.
OSCAR STEPHENSON, Attorney for Administrator.
4 ! 10 H.6p
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
NTATE OF MINNEsOTA-COUNTY OF RAMSEY
y SIS In Probate Court. Special Term, August

GTATE OF MINNEsOTA-CoUNTYO OF RAMSEY
y SIS In Probate Court. Special Term, August
4th, 1880. az
In the matter Of the guardianship Of onin e.
Shearer, minor: sSx -,
On reading and fling the petition Of Jacob Main
ger, guardian Of the person and property Of said
Orrin E. Shearer, minor, for license to sell, ss pri-
vate sale, the real estate OF his said ward; and ap-
pearng from said petition that 1t is necessary and
would be beneficial to said ward that said real estate
or q part thereof, should be sold;
1t is ordere that the next of kin Of said ward and
all interested in the estate OF said ward shall
appear before said Probate Court, at the Probate
office in the City of Saint Paul, in the county Of
Ramsey aforesaid, on the 20th day of September, A.
D. $780, at ten O'Clock in the forenoon, to show
why license should not be granted for ths sale Of
said real estate.
And it is further ordered, that copy Of this order
be personally served the next Of kin Of said ward
residing in said Ramsey county, and on all persons
interested in said estate least fourteen days before
the hearing of said petition Aforesaid and BY the
utilization thereof for four successive weeks IN the
DAILY GLOBE, newspaper printed and publahed
at the City Of Saint Panl, In said Ramsey county,
the last OF which pubucsons shall be q least -four.
teen days before said day Of hearing
By the court, HENRY O'G0RMAN,
fL.s.l Judge Of Probate.
Attest: FRANK ROBERT, Jr., Clerk
OSCAR STEPHENSON, Attorney for Guardian,
Aug 55w-Thur
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
WHEnEAs, De,.u,t has been made In the con

WHEREAS, Default has been made In the con
w ditions Of certain mortgage duly executed,
knowedged and delivered by B A. Dorsey and Anna
mortgages, which mortgage bears date February 1st,
1876 and was duly recorded In the Office Of the Reg
lister Of Deeds OF Ramsey county, In the State OF
Minnesota. on the 18th day Of Nay, 1875, ct four
mortgages, on page $50; in and BY which mortgage
said mortgagors did grant, bargain, sell and convey
to said MORTGAGE, his heirs and assigns the follow
ing described premises. An that tract par
eel Of land lying and being In the county Of Ramsey
and State Of Minnesota known and described as lot
number three 81, In block number two az IN Robert
and Randais Addition TO the CITY Of Saint Paul ac-
payment Of the Of four thousand dollars and In
terest from the LIST day Of February, 1876 ct twelve
per cent. Per snnum until said debt vas fully paid,
date With said mortgage for that som "a ssid mort-
gage described, executed and delivered ~ said MORT
gagors to said mortgage, and payable three years
after date.
And whereas, There was allowed In and By said
mortgage the sum OF one hundred dollars ~ an st.
torney's feein case Of tina foreclosure thereof
And whereas, There is now claimed to be due ON
sum Of Ave thousand Elk hundred and forty dclsu,
and no suit OF proceedings af laN hive heen fnsti-
tuted for the collection Of said mortgage debt
part tbezeof; 8 = t...s a. Z tar 60 f-rozs~e
And whereas, Said Israel e. Lash died - aa,en,
North Carolina, onor shout the nth dsy. o. April
1871 intestate, and b. b. Alushe gyae on the 00th
day OF October, 1879 appointed by etbs Tgba O.
estate snd said B. b Gsiusha has duly qualified Is
such administrator and receiyed from said Probate
Court letters Of administration on said estate; arg
And whereas. Satf B. Be Gsiushe, - such admin
istrator, has paid taxeaon said mortgsged premises
for 1879 and prior years, amounting IA ell the sum
Of one hundred stxtythree and 60lO0 dollsn; r. 80
Nov therefore, Notice iB hereby given, that By VIZ
and In pursuance to the statute In such case made
ard provided, the said mortgage VIII be forecloeed
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-02
WORK,
SEWER ON SHELLEY STREET.

OFFICE OF THE BOARD OF PUBLIC WORKS.
CRY OF ST. PAUL. MIMI, Aug. 31th. 1859.
Sealed bids will be received by the Board of
Public Works. in and for the corporation of the
city of st. Paul, Mimi, at their Office in said
city, until 10 NJ, on the 10th day of September.
A. D. 1880, for constructing sewer on Sibley
street, from Third (3d) street to Fourth (4thj
street, in said city, according to plans and
specifications on file in che office of said Board.
A bond with at least two sureties, in a sum
of at least 20 per cent. of the gross amount
bid, must accompany each bid.
The said Board reserves the right to reject
any or all bids. GEO. L. BECKER,
Official: r. l.. GoRMAN, President.
Clerk Board of Public Works. 244-254