The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-15


Senator Blair, who is a warm friend Of Ma
hone, and has talked with him great deal
about his political aspirations, says he
don't believe Malone would leave the Sen
ate with nearly full term ahead OF him ia
accept Cabinet position,
PosToPFicE AFPAIRs.
First Assistant Postmaster General Hat
ton to-day discontinued the PostotIiCe at
ShaCkelfOrd, King and Queen county, Va,
because the people OF the town would not
let the Postmaster have q place for an Of
flee, All the citizens OF thetown are Dem
ocrats, and they objected to the appoint
ment OF Goulder because lie Is Read
iuster, They refused to rent him room
for an office, and when he bought the lum-
Der refused to let him have the ground on
which to build an Office, This case was
thus represented to the Department, and
the Office was ordered discontinued.
Samuel l., Carothers, who was confirmed
by the Senate us Postmaster at McKees-
port, Pa,, and whom Congressman Bayne
and Others havo worked so hard against,
this morning saw Postmaster.G General
james and hRd an interview with him.
Carothers Is represented as q Cameron man
In Pennsylvania politics. and tho anti
Cameron element undertook to persuade
the President not to sign his commission.
The anti.Cameronites wanted one OF their
side appointed. After Carothers' inter-
view with James, the latter ordered the
commission sent to the President for his
signature, and it has gone up. This Is an
indication that the President has deter
mined to sign Carothers' commission.
THE MORMON QUESTION;
There will probably be an extended dis
cussion Of the Mormon and polygamy
problem in the House Of Representatives
very soon after that body assemblies. Del
Ggate Cannon holds the certificate OF the
Secretary Of the State Of Utah, while Mr..
Campbell holds that OF the Governor. The
Secretary OF State is not authorized by law
TO give any certificate. The law provides
that II shall be given by tho Governor, who
shall state in 1t who received the greatest
number Of votes Governor Murray's Ger.
tifcate states that Mr.. Campbell received
more votes than any other citizen OF Utah.
The Supreme Court having decided that
Cannon is nota citizen Of the United States,
there would seem to be but little doubt
that Mr., Campbell will get his seat. Can.
non Is a polygamist, having three or four
wives In Utah, Hitherto the Democrats in
Congress have been the indirect champions
OF polygamy by sustaining the Mormons in
their contests in Congress, and II Is sup
posed they will do 80 nsw. 1t Is the pur.
pose Of some Of the Republicans to object
to the admission Of Mr.. Cannon TO his seat,
and this will bring on the quarrel, II there
is to bo one.
CLAIMS OF SOUTHERN REPUBLICANS.
Although it is generally believed that
President Arthur will not put n Southern
man in his Cabinet, the Southern Repub.
licans here have framed petition looking
TO that end, which they will present
through delegation some day this week.
The spokesman will probably be J. Hale
Sypher. Thepetition does not recommend
any particular person, but suggests the
wisdom OF policy which would contribute
to Republican supremacy In the South.
Quite a anumbero Of Southern Republicans
white and colored, are in the city quietly
working for Ex-Governor +. j. Davis Of
Texas, who is in the field for the Postmas-
ter Genenlship. They claim that he Is q
full.aedged Southerner, IN nncompronis.
ing Stalwart, man Of great ability, sp0tless
integrity and unllinching personal courage
"He's u philosopher" said one Of the ex-
Governors colored hackers last evening.
lMPoRTANT DECISIONS.
A decision was rendered in the Supreme
Court OF the United States to-day In the
case OF Davis & Patrick vs.. Wells, Fargo &
Co., which settles some points In the law
Of guaranty which have hitherto been sub.
jeCts OF controversy. The Court holds that
where a." in consideration OF one
dollar, 10 him in hand paid, executes and
causes to be delivered to- "B' all tncon-
ditional agreement TO guarantee payment
up to specified amount Of "C's" present
and future Indebtedness TO said nB," II is
not necessary for "B" TO formally notify
the guarantof "a, OF his acceptance Of the
terms Of the agreement, OF to keep the lat
Ter informed from time 10 time OF the
amount OF "Cs" iluCtuatiDg indebtedness.
In the opinion Of this court the written in
strument in question Is not merely all offer
10 do certain thing, which, TO be valid,
must be formally accepted by the party
for whose benefit II Is made. II, Is on
the contrary completed contract by viz.
tue Of the Acknowledgement which II con-
tlins Of the receipt by tho guarantor Of n
valuable consideration for services TO be
rendered. The payment 10 the guarantor
OF the stipulated consideration is sufficient
notice TO him that bis agreement is accept.
ell, and he Is by the instrument itself
stopped nov from denying that such con-
sidefation was received. The fact that the
consideration is merely nominal makes no
difference stipulation In consideration OF
one dollar Is jus as elEeCtual as II the
sum was larger. With regard TO the obi.
CATION OF the guarantee to notify the guar.
antor Of the default Of a debtor, the Court
holds that where tile gtiafantor suffers the
loss or damage by reason OF the failure OF
the guarantee to give him sich notification
he Il to that extent released, but both the
losses OF the plaintiff and the loss OF the
defendant must concur TO constitute a dc.
fense. The judgment Of the Court below
in favor OF Wells, Fargo 4 Co., Is affirmed.
An itnportantdeCiBioti waa also rendered
bv the court In the case ol Francis II. Bar
ton Va. John Barbour, receiver, case In.
yoving the liability OF the receiver to suit
In courts OF another State than whose
court appointed him. II is held that where
the court Of one State has a railroad OF
Sther property in It's possession for adj
tninistfation as trust assets and has
appointed Receiver to aid II ID the per.
iofmance Of It's duty by carrying on the
business TO which the property Ia adapted
Court Of another State has no Jurisdiction
10 entertain suit against suCh Receiver for
CaJisc Of action arising In tile State
in which lie was appointed, and
In which the property in his
possession Is situated, Is based OH his neg.
liaence, OF that OF his servants, In the per.
iotmance Of their duty In respect TO such
property, or for any services performed or
materials furnished the receiver in carry.
ing on such business. The judgment Oi
the suptGne Court Of the District Of Co.
lumbia is affirmed, I
ftiE STAR ROUTE CAsEs,