davidaulloa/AmericanStories huggingface dataset:
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
AN IMPORTANT DECISION.
Judge Morton Decides That the LeElsla
ture Cannot Force Counties to
InNmy En6ahkaAnaaa

Judge Morton Decides That the Legisla-
ture Cannot Force Counties to
Incur Indebtedness.
Topeka Commonwealth: The follow
ing decision, made Saturday in the
Shawnee county district court, is one of
the most important ever rendered by
any judge in Kansas, affecting as it does
the power of the legislature to compel
counties (and by implication cities of all
grades and townships) TO incur indebt-
edness. This Topeka and Granville
road has been before the legislature and
county for a number of years in one
shape and another:
State of Kansas on the relation of the
Attorney General
The Board of County Commissioners of
Shawnee County.
This Is an action to be brought TO
compel the county commissioners of
Shawnee county TO pay the surveyor and
certain commissioners appointed by the
legislature to survey, mark and locate a
certain state road from Granville to To-
peka, TO pay the damages assessed by
said commissioners Tor rather, parhaps,
missionary and to make the appropria-
tons for bridges directed to be made by
the legislature in the act to establish the
road.
The act is IAN act to establish a state
road from Granville to Topeka" APP
proved February II, 1881. It directs
the three commissioners appointed to To-
cate said road, and report TO the county
commissioners the amount Of damages
they award TO persons claiming com pen
sation for the right OF way for said road.
While not expressly so stated in the act,
it Is evidently contemplated by sec, Z
of the act, that the county commits
sioners, shall audit and pass upon the
allowance OF damages for the right of
way by the road commissioners, and
the section gives the land owner the
right TO appeal to the district court
where the damages claimed are "nOt al
lowed by the board of county commits
sioners"
The act further directs the county
commissioners 20 draw their warrants
upon the county treasurer for the ex-
penses of the survey and location, which
of course, includes the pay of the road
commissioners and the surveyor. It
further directs that the county commits
sioners OF Shawnee county shall appro-
pirate & sum not exceeding 5000 dur
ing the years 1881 and 1882, for the pur-
pose Of constructing bridges snd paying
for the right-oE-way.
A portion Of this road lies in Jeffer-
son and, so far as the rlght-oEway in
that county and the expenses incurred
in that county ale concerned, the COM
missioners Of jefferson county are di-
recfed 70 s'pay" and appropriated
But for the purposes Of this opinion the
act will be regarded as if only applica-
bic TO Shawnee county, as the case at
bar only puts in question the duties and
obligations of the commissioners of this
county.
An alternative writ Of maademus has
been granted and the county attorney
moves 90 quash the writ upon the ground
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
A PROBLEM FOR BALDWIN

Murat Halstead, of the Cincinnati,
Commercial, "plugs the center" as fol-
lows:
"Mr. Sam Randall wants the internal
revenue tax wiped out. He Is support
ed by the south, which wants the taxes
on liquor and tobacco removed; and by
the bankers, who agree that the bank
taxes ought to be repealed; and by the
druggists, who are unanimous for taking
the tax of drugs and medicine.
Then there Is . movement Un foot for .
revision OF the tariff with = reduction
OF from ten 10 twenty per cent on
all imports In view, and q large addi-
ton OF various articles and commOdi
tiles 20 the free list. Mean
time the commissioner Of pensions
calls for an appropriation of $50 co.,
900, the St. Louis convention for $50, :
600, 900 to make the Mississippi river
wholly unmanagable, and every depart
ment, except that Of the postoftiCe,
clamOring for more money, increased ex.
pendltures and all that. How all this
money 10 10 be raised if the internal rev
enue tax is 10 be wiped out and the tariff
reduced one-half, Is financial problem
which we shall be compelled to submit
to sthe most brilliant finAncier OF New
Jersey" who recently managed 70 ma
nipulAte two millions and half OF dol
lars out of q national bank without any
body missing It He may prove equal
to its solution; IL Is entirely too deep for
US.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
PERsoNAL Ann PnLIrIcAL-

PERSONAL AND POLITICAL.
The Globe-Democrat wants Malone
in Missouri.
MIR. MacYeagh should have obviated
the necessity of his withdrawal from the
cabinet by never going into it.
ThurIow Weed has got something to
brag about. He has voted sixty years
and every time against the Democrats.
The wife of Edwin Booth. the actor,
died at New York ON Sunday. In conse-
quence Mr.. Booths engagement at Phil
adelphia this week has been cancelled.
Prof King is reported as building a
balloon "that will exceed in lightness
anything known" The Chicago Trib-
une is still buying pools on MacVeagh,
however.
Lincoln thinks it little mixed about
his remaining in the cabinet. The Pres
ident has not asked him If he could
stay. We suppose Bob likes the ''sir'
very we'll.
Senator Anthony has been United
States senator continuously for twenty
two years. No other man now in con-
gress has continuously served SO long in
either house.
PATHS concert in New York was q
failure as to the numbers in attendance
because the price of tickets was put at
$40. The people showed their good
sense by staying away.
Malone Gays the new Virginia sena-
tor will be either Riddleberger or Wise,
and we reckon Malone knows. 1t is
now estimated that the Readjusters will
have Is majority on joint ballot.
Tribune: There is q suspicion that
voorhees, is trying to exfoliate himself
into the Republican party. A large
placard bearing the legend Full" should
be suspended over the Republican door
at once.
Mrs. Hayes is expected to visit Wash
ington during the coming winter.
Rutherford will sustain his refulgent
reputation for marital devotion by re.
naming at home to take care of the
chickens and house plants.
The Herald estimate makes the New
York legislature stand as follows: In
the house, 66 Democrats and 90 Repub-
llcans; in the senate. II Democrats and
10 Republicans. Last year with Stalwart
nominations the Republicans had %
members in the senate, and 81 in the
house.
Tribune: Brooklyn has become Re,
publican city. So may New York in a
few years if we pursue the Brooklyn
Republican policy of straight ticket
and no dicker" We could have elected
Republican common council this time
if we had only put candidates in nom
ination.
A number of governors were weighed
the other day at Atlanta, Georgia. Gov.
ernor Hoyt, of Pennsylvania, weighed
24S pounds; Governor Bigelow
of Connecticut, 1863; Governor Col
quit, of Georgia, 176; Governor Black
burn, of Kentucky, 22S1S; Governor
Vance, of North Carolina, 203.
The Hon. E. B. Washburne is living
quietly in his Chicago home, but is far
from idle. He has lately been occupied
in the preparation of history of the
life and times of the Hon. Edward Coles
the second governor of Illinois. Tit
book has much to say concerning the
anti-slavery struggle in that state.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
Mr.. Gartleld Miss Mnll,e and 4


Mrs. Garfield, Miss MollIe and Mas
tiers Herbert and Abram are now COM
fortably quartered in their new Cleve-
land home, No. HOG Euclid Avenue.
They lcfi Mentor for Cleveland on Mon
day, and it is Mrs. Garfield's intention
TO reside in her present home until
April next, she having mnde ARRANGE.
ments with Judge Burke to occupy the
house until that time. She will probably
make Mentor her summer home She
will only remove a number of personal
effects from Mentor to Cleveland. Her
brother.in-law, Mr.. C. o. Rockwell, is
in Cleveland and is assisting her in ar
ranging matters Miss Mollie is now
attending Mrs. Mittleberger's private
school. Herbert and Abram will CON-
mencc to-day. Grandma Garfield. who
is now residing in Scion, is expected
daily. She will winter with her daughter.
in law
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

that it does not state facts sufficient to
constitute a cause of action against the
board of commissioners. He makes
this motion ayowing that his purpose Is
not to interpose any teehnichal objection,
but that he raises the question of the
power of the Legislature 10 compel the
county to pay the expenses of the loca-
ton and damages for the right of way,
and to appropriate money for the bridges
necessary to be constructed on the pro-
posed road
That the legislature has the right to
authorize the county to make these ex-
penditures, and this appropriation, can
not be doubted. The decision of the
supreme court in the case of Leaven-
worth VS.. Miller, Kansas 479, is con-
elusive on this point. 1t may be ad-
mitted, too, that it has the right to re-
quire the county commissioners to pay
any debt legally due by the county, and
to specify the mode and manner in
which such debt shall be paid. If, then,
the board of county commissioners had
paid these expenses and made the ap-
preparations contemplated by the act,
their action would have been valid.
But the question of the power
CT the legislature to create a
debt against a county, and to
order Its payment IS another thing, and
is so important and involves such i'm
portant consequences that it is a matter
of regret that so little time is allowed to
examine it. If the legislature has the
power to pass the act in question, it has
the power to establish" a hundred estate
roads" in the county, and saddle the
county with debt that would inevitably
bankrupt it. Does the Legislature pos
sess such power2 Without taking the
| time to refer to constitutional provi-
sions, / am willing to assume the broad
| ground that there is an unwritten law
that controls the action and limits the
power of the legislaiure-that it has no
power to rob the people of II county. or
q county IN Its corporate capacity-and
that the exercise of such a power as is
claimed by the passage of this act is
simply robbery and cannot be admitted
to be valid. Regretting as do that ]
have not more time to discuss the ques
ton raised, in reference to other aspects
of the case, but believing that such dis
cusssion would tend toward fortifying
the conclusion arrived at, l am com
| PEELED to sustain the motion to quash
the alternative writ
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
Now that the Republicans find ther

Now that the Republicans find them
selves without clear slraight-out ma
jority in the House OF Representatives,
attention is directed eagerly toward the
Senate. Things look u little better there
To be sure, there is now an even division.
but n change will come little over q
year hence. Among the senatorial terms
which expire ia 1893 are those of Nc
PherSon of New Jersey, Johnston, of
Virginia, and Grover of Oregon, not to
mention DAVIS, of Illinois. The Repub-
licans justly expect to gain all these seats.
On the other hand the only Democratic
gain will be a successor TO Kellogg, of
Louisiana. \ Readjuster Republican is
certain To BE- electedin Virginia, and the
Republicans now have good majorities
in the legislatures both of Oregon and
New Jersey
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The popular game of billiards is like
ly to receive a check in Indiana from
late decision OF the supreme court of
that state, which declares that any saloon
where the looscr pays for the game shall
be deemed gambling-house, and its
proprietor liable to prosecution and pun
ishment under the law against gam
bling. 1t is proposed to get around this
decision by having the players divide
the hire of the table and each pay for his
own whisky and cigars. But that would
make a very duh game Of billiards. 1t
10 the stake-the cost Of the drinks,
smoke, and use OF the table-that gives
zest TO the players, as they can thus
gamble, guzzle and puff at the expense
of the loser and not violate the rules Of
society"
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
-s--1ns people Of Kansas will be glad to


s--'Yne people Of Kansas will be glad 10
learn that Hon. NJ. +. Conway, who was
one OF our pioneers, and bore such q
gallant part in the fight which made
Kansas free state, and who has been
suffering for some years from an obscure
form of brain disease, is slowly improv-
ing, and he may reasonably hope before
long To leave the institution where he
has been under treatment. He has lost
all means of subsistence, during his
years OF suffering, and must commence
on nothing. Tho Tribune says, how
ever, that he has a cIains for
compensation and mileage a q member
Of the Both congress, which has been
several times examined by committees
OF elections and pronounced lust, but
through lack Of any special interest in q
broken and unfortunate man, il has never
received the final favorable action Of
congress. Il will be brought forward in
the coming session, and IL, alter careful
examination, it should prove not well
founded, It should be disposed Of. If,
on the contrary, the claim is just, there
can he no excuse for delaying its pay
ment any longer. 3 ''''' $500
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The Quincy Qll) Herald is at il
again, in the defense Of GuIteau, and
uses the following outrageous language
in reference to Garfield:
I'VE stand by our record. James A.
Garfield was q bad man living, and he is
q bad man dead. He has been sent to
his account. Let him answer for his
crimes as best he may. As God Teigns
we believe his soul was shot into hell
by an assassin's bullet"
Editors have been tarred and feather.
ed in the south and killed in Illinois for
q plain, but decent expression Of opin.
ion ON the subject Of slavery. Yet this
long haired slandercr Of the dead is per-
mitted TO walk the streets of Quincy In
peace. This is one of the privileges Of
a free government.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
Robbes >, 40 ooo.

YoUNGsrowS, o., Nov. 15.-Jesse
Baldwin, Of BOardmAn township, five
miles south of this city, the crank who
created the sensation by appearing at the
treasury department in Washington and
demanding gold for $17, 900 worth OF
bonds, was robbed this morning al 3
O'Clock, Of between $4,000 sad $40, 600
in gold He kept his money in an old
fashioned safe, under the stairs, In The
hallway Of his residence. The party of
burglars were five In Number. -Four of
them gained Ambulance TO the house.
The Baidwins slept up stairs and the
first infimation they had Of the burglary
was the first noise made by the blowing
open OF the safe with powder George
Lewis, Raidwin's sOn-in-lsw, fned three
shots at the robbers as they left the house
with the bags Of gold. The burglarsre-
turned Volley, but no one on either side
was injured. The robbers had previ-
ously taken two Of BaidEin's horses and
his best carriage from the stable and
had them standing near the residence.
They jumped into the buggy and es-
capped, going south. Baldwin has offered
. reward Of 81 900 for the recovery OF
the money. II has Just been learned
that the carriage was tracked down about
four miles south of BaldWiE's house.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

Bliss will review DIR. Hammond's ar
ticlc on the Garfield case in the current
number of the North American Review,
IN the coming issue of the Medical
Record.--Ex.
And then what does Bliss propose
to do about Boynton's expose? Then
we would inquire if he will undertake
to review all the doctors will have to
say in til. way of criiicising his treat.
ment in the Garfield case. The does
we venture the assertion he will have a
tolerably warm time of it. f,.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

Chicago Tribune: Having emphatical-
ly stated that the prosecution of Quit
eau was none of his business, and that
he had nothing whatever To do with the
star route cases, Mr.. MaeVeagh would
confer favor on large numbers of be-
. nighted persons by stating for what pur-
pose an attorney general is hired. From
the MacYeagh standpoint that function
AIRY would seem TO partake of beautiful
dream-very fine while Il lasts, but of
no possible account when you want any
thing of IL. ..F
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

Nothing can overcome French polite
ness. Commandant LichteDstein, who
represented the president of the French
Republic at the Yorktown Centennial,
suffered severely while here from rheu-
matism, had fight with burglar at
Philadelphia, and was finally ordered
home by his physician on account of q
severe bronchial affection. Yet before
leaving he said that his trip TO the
United States will hereafter be remem-
bered as one of the pleasantest periods
- l. rae.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

Inter Ocean: Are we not building
too many railroads. and will not the re-
suit oC the enormous Investments that
are being made in this direction cause
another panic like that OF 1873? When
the bonds are all sold and the money all
spent, who will pay the interest? CIR
tainly the earnings &c the roads and the
sales of their lands cannot do it. The
country was never So prosperous. and at
the same time so extravagant, as now.
Men arc making money and spending
money fast; but the farsishled see a
point where il must stop. b..
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The most wonderful manifestation of
social civil life to-day is taking the CEN
sus al all of so vast a POPULATION and SO
huge connection of different religions
and different modes of government as
that of India. But the census of these
100000. 600 of people was taken in one
day under the perfect administrative
Capitalization of British India. The in
crease in British India In ten years has
been I3.OOO.OOO
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The six heallhiest cities in the United
States are said to be in the order follow
ing: Knoxville, New Haven, Portland,
San Francisco, Cleveland and Lawrence.
The unhealthiest are Charleston, Mem.
phis. Lynn, New York, and st. Louis.
st. Petersburg is the unhealthiest city in
the world, and is followed by Malaga,
Alexandria, Warsaw and Buda-Pesth.
In New York the deaths exceed the
births by thousand month, or $4,000
a wear
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

Russell, the murderer OF Smarr at
Kansas City, was taken i'll shortly after
the occurrence, and has not been ahle to
have his preliminary examination. The
public feeling over the inexcusable
murder is still undated in that city. 1t
is the opinion of a good many people
that Russell's sickness was caused by
the reaction from the excitement under
which he was laboring when he did The
unpEovoked deed, and from remorse.
His physicians say his condition is
critical.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The reports show that The entries dur
ing the last year were double those Of
any other state or territory. At the last
election held in Dakota 28,091 votes
were polled. The state of Delaware
polled only %, 4OS votes in the presiden-
tlal election of 1880. and the state of Ne
vada pOlled only 81 eco votes. Both of
the latter states are represented in con-
gress by Democratic senators, and it is a
little difficult to see upon what ground
Democrats could vote against the aGmis-
sion of Dakota as q state. Let her
be admitted.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

that-it is revelation to all who see it,
touching the wonderful agricultural
wealth of Kansas, and the senIc end
mineral resources of the vast territory be
yond, through which this most aggres
sive of American railways is rapidly ex-
tending its trans-continental tracks.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
Senator Malone plants himself on the
following platform:

F~~-
~ want every man TO vote, white OF
black, and want him to vote as he
pleasea, and to be neither threatened be-
fOrehand nor ostracised afterwards for
expressing his free opinion. am tired
of intolerance. / want wh.ts or black, no
matter of what party, to act freely In
politics and live tremendously together,
as you do in the north. Then we can
get capital and men 10 come on and de-
VelOp our resources, and can make Vir.
ginia as great as she ought to be.
have encouraged my colored neighbOrs to
vote as free men, and not as IL they were
directed to vote by the Federal office
holders, or by their employers; and
and those who act with me mean to see
to it at all hazards that every citizen, be
he black or white, shall enjoy this right
of free man to vote and to have his
vote counted"
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17
The Ohio State Journal scintillates 20
follows on the star route cases:

"a story is told OF Rufus ChOate re-
garding the defense which he made for
his first client, who had borrowed ket-
tie from neighbor. The complaint was
that the kettle was broken when it was
returned. Choate made three points in
the defense: 1. The kettle was broken
when we borrowed 1t. 2. The kettle
was sound when we returned IL. 8. We
never had the kettle. Jere. Wilson'S
argument for the star route defendants
is to this effect: 1. Admitting that
everything charged in the information
fled by the district attorney Is true. no
crime has been committed. 2. The in
formation charges the defendants with
the commission OF an "infamous crime"
3. II anything wrong has been done,
congress, and not General Brady, should
be held 70 answer
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-11-17

The Richmond Wing says: A few
weeks before the election well-knOwn
Readjuster of Manchester and we'll
known Funder of Chesterfield made a
rather curious wager on the election.
In the event that Daniel was elected the
Readjuster was TO receive ten stripes on
his bare back, and If Cameron was
elected the Funder was to receive the
same. The ticks were To be we'll laid
on. The time for the whipping to take
place will be some time next week.