davidaulloa/AmericanStories huggingface dataset:
Morning journal and courier., 1881-07-14

would withdraw, inquiry was made of him
 as to what he had to say on the point. Conk
 ling replied emphatically that he was in this race, and that all his advices from Albany
 were satisfactory and that he should not withdraw under any circumstance. When asked what he meant by saying that his dis patches were satisfactory, he replied that ex- Marshal Payne and Speaker Sharpe assured him that no election could be had unless his claims were considered. MT. Conkling said in further conversation that if regularly called caucus is held where each member can vote for his choice without being cowed by a subsidized press, " that he has no fears of his nomination. He said further that since MT. Platt had withdrawn without his consent he would not attempt to interfere in the se- lection of Platt's successor
Morning journal and courier., 1881-07-14
ROOM wANTED

ONVkJUNA 4 IN LIGHT work. Short distance out of town. " Steady, reliable Also one Core Maker Address "YnP O. Bor 900 jy13 3ts Nev Hayer
Morning journal and courier., 1881-07-14
MRS. GARFIELD AT THE BEDSIDE.

Mrs. Garfield spent several hours by his
 bedside again to-day, occupying most of the time in flaming him. She keeps up courage without apparent effort and tells ali who ask her that the President is getting we'll She
 fresh air in some way. Last evening she walked on the lawn in the moonlight with Mrs. Rockwell. The President has not seen his children since last Friday. The boys are hard at work at their studies.
Morning journal and courier., 1881-07-14

NORSET EMBRoIDERERS and boners also fev- V stitchers at l. NEWMAN < co ,S |
 iy12 5t me Das,, Ct.ss[
Morning journal and courier., 1881-07-14
WANTED-

A American, German or colored girl to do cook 12 A. M. at "AN
 jy12 lO2 CHAPEL STRFET
Morning journal and courier., 1881-07-14
IMPORTANT CHANGE,

orE" A- zssga5ss=szSr McALLIsTER, of the Starin Line, will leave New Haven until further notice at 1I15 Saturday instead of Sunday nights.
 The steamer ERASTUS CORNING, CAPTAIN SPooR, will leave New York Sunday nights usual
 Fare to Glen Island and return, $1.50. Boats from New York every hour.
 Fare to Manhattan Beach and Return. $1.75. Tickets good until used.
 Free coach from corner Church and Chapel street every half hour. Last coach at Il o'clock.
 No Sunday night boat out of New Haven.
 jy8 If W. B, MILLER, Agent,
Morning journal and courier., 1881-07-14
WANTFD

SIIOAIlON WANTED. steady man in office, store or factory is a 1O good bookkeeper and can be well recommend ed Address,
 jy12 3t# E. Courier Joprno1 oasca
Morning journal and courier., 1881-07-14
8oab altS Suonts.
BOARD AND ROOMS.

BOARD AND ROOMS. Afff NICELY Furnished Rooms, with board; al- Eii5 so one single and one large double room. Ap- Ea.I ply at
 jy1S 6tf s5 OLIVE STREET.
 BOARD AND ROOMS. LNURNISHED front rooms, single or en suite rooms M have all the modern improvements. A few table boarders can be accommodated. Very central jy7 If 109 ORANGE, just out of Chapel street.
Morning journal and courier., 1881-07-14
raSs Caster Wanted.

WANTED. fin SMALL House or Tenement of from 4 to #Sid rooms. Address
 &sU jy13 2t+ s'J" this ofice
Morning journal and courier., 1881-07-14
WANTED,
iH12 If

T | A FEW GOOD Boners, also some small girls to
 ! -A learn. Apply to l MAYER, STROUSE CO.,
 | jy13 If Al Court Street
Morning journal and courier., 1881-07-14

GUTTEAU IN HIS QUARTERS.
 The prisoner still remains under special guard at the jail. He is less communicative even to the district attorney and his assist ants and is growing Respondent and sullen.
Morning journal and courier., 1881-07-14

'" IAN A SERVANT GIRL for a small family in West Ba A ven near the postofhce. iyl2 St. T KrT Cuv
Morning journal and courier., 1881-07-14
DEATHS.

MOORE-CLARK-In Brooklyn, N. r., July 9th Ge . R. Moore of San Francisco, and Kitty, granddaugl
 ter of the late Hon. Horace Clark of Middletown.
Morning journal and courier., 1881-07-14

Fatal Cases of SunstrOke.
 DAYTON, July 13.-The intense heat con- tinued in this city, with slight reduction of temperature last evening from a thunder shower. Out of one hundred cases of sun stroke early thirty proved fatal
Morning journal and courier., 1881-07-14

m SMART men to connect themselves with our " Springfield and Hartford agencies. We inn port every two weeks large quantities of photograph albums which we sell monthly payments. New designs sell rapidly. Agents very successful Ap- ply at once. Salary to good men. GAY BROTHERS 256 Chapel Street, New Haven. FRED GAY Co.,
 jy8 IT Murray street. New York
Morning journal and courier., 1881-07-14

DY competent and experienced man a situation ID as coachman thoroughly understands the care Of horses and all pertaining to the position good reference. Address, e
 jy12 6t- COACHNIAN Courier office
Morning journal and courier., 1881-07-14
FOR SALE,

aZ4 LOT on Ed id street will be sold for the very low price of S2o Der foot; is very desirable; lot 5Ox19O.
 MERWIN's REAL ESTATE OFFICE, iy1l 237 Chanal Sfraef
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1881-04-01
The Pope Threatened with Assassina.
ton,

The Pope Threatened with Assassina.
REME, March 2S.-A lady obtained
a private audience with the Pope to-
day and warned him that the dav and
hour were fixed for the murder of
himself and Carolina! Pecci.
The Disaster at Nice.
NICE, March "a, 3 A. Mp to this
hour tftynine bodies have been re-
covered from the ruils OF the Italian
opera house destroyed by fire last
night. 1t is feared that many more
lost their lives. The fire commenced
soon after the curtain had risen for
the performance of Lucia di Lam
mormoor. Subscribers for orchestra
stalls and boxes of the grand tier had
mostly not arrived and the majority
of the victims belong to the working
class. Shortly after the fire began
the gas exploded and the house w.s
plunged into complete darkness A
scene of terror and dismay ensued
which beSSars description.
An Appeal from he Colored Republicans
If Maryland.
BALTIMORE, March PA State
convention of colCred voters was
held to-day to take action with re-
gard to more equal division of fed
eral patronage in Maryland to col
ored Republicans. Resolutions we're
adopted declaring that the distribu-
ton of federal patronage is not in ac-
cordance with the principles of the
Republican party, and that the col
ored voters are entitled to fair di~
vision. A committee was appointed
to represent the condition of the COL
ored voters of Maryland to the Pres
ident, aud request him to appoint no
gentleman to leading position who
does not pledge himself to give a
fairer distribution to colored voters.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1881-04-01
Assessors Notice.

NOTICE is hereby given that the I'M
~ dersigned will be in attendance at
his residence at kamilchie, Mason Coun-
ty, W.T., for the period of ten days from
and after the first Monday in April, from
7o'clock A. NJ. to II NJ, and from l to 5 p. NJ,
for the purpose of receiving the state
ments of taxpayers and taking their aft.
davits.
VIM. GALLON,
Assessor of Mason Co. w. II.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1881-04-01
STATIONERY

The Latest STYLES and best Qualities of
Paper and Envelopes. PapctericS in
boxes, Fools Cap, Legal Cap. Bill Cap,
Ledger Gap, Letter Heads. Bill Heads,
Note Heads, Mourning and Parchment
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1881-04-01

Paper of all kinds, are always to be fount
in my Store. ! make speciality of tn,
Chelmsford Paper, for which am sol,
Agent
Daily globe., 1881-09-11

Although there have been since those de-
cisions very many cases in that court where
the validity of State legislation, claimed t(
have impaired the obligation of State con.
tracts came in question, the court has neye,
departed from nor limited the application Of
the principles laid down and applied in those
two cases. Nor are we aware of any lntima
ton by any Judge of that court that contracts
of State. either executed or e1ecutory, are
not, as fully as any other contracts, embraced
within the constitution. As lately as the case
of Mariwether VS.. Garret, 1O2 U. s. Rep, 472
decided in 1880, the court said: The federal
judiciary has never failed, SO far as was in its
power, to compel the performance of all law
full contracts, whether of the indlvidual of the
municipality or of the State. 1t has unhesi-
tatingly brushed aside all legislation of the
States impairing their obligation"
The relator does not deny there may be q
contract of a State, the obligation of which
the State cannot impair. He admits this as
to contracts which are executed; as, for in
stance, grants, and also admits it as an execu-
tory contract, to enforce which against the
State the other party has perfect judicial
remedy.
But he claims that executory contracts of a
State which the State cannot be compelled BY
judicial means to perform (and this includes
all those, the performance of which rests with
the legislature, or with some State officer,
over whom the judiciary has no control in the
matter), have no obligation within the mean
ing of the constitution of the United States,
and are, therefore, not embraced in It's prohibl-
ton.
His propositions are in brief these
First-They are legal obligations and not
merely moral obligations which the constitu-
ton aims to protect.
Second-The legal obligation of a contract
consists in the right of judiciary to enfore it.
Where that right is wanting there is no legal
obligation.
Third-Consequently executory contracts
of State, which cannot be judicially enforced,
and such are these bonds. are rot within the
constitutional protection. Hl
If it be true that there is no legal obliga-
lions to contract where there is no judicial
remedy to compel the defdulting party to per-
form it; that is, the legal obligation, and a
perfect judicial remedy directly against the
party to enforce the contract be synonymous,
then most executory contracts OF State are
at the mercy of the State that made them,
the bonds here in question are in that predlca-
ment and subject to any legislation the State
of Minnesota might choose to make with re-
gard to them.
The proposition, if conceded and followed to
it's necessary logical consequences, will lead to
results somewhat startling. State executory
contracts to pay, like similar private con-
tracts, are not protected by the federal con-
Daily globe., 1881-09-11

StOTcu
Upon contract creating debt payable in
money, if the debtor have no property out o1
which the debt can be made, there is practi
cally no judicial remedy.
In case of the death of debtor there is NO
such remedy till the appointment Of an ad-
ministrator or executor.
Mr.. Storey, in his work on the constitution,
gives as instances of legal obligations exist
Ing where there is no judicial remedy to en-.
force them, the case of contract by a State
which does not permit its citizens to sue it,,
with one of its citizens, and of a contract be-
tween the United States and one of it's citizens,
as to which, he says, no one would doubt
their legal obligations.
And here we may say that although there
have been before the supreme court of the
United States very many cases in which con-
tracts by State came more or less in ques-
ton, and in some of which, especially in
Railroad Company VS.. Tennessee, 10l U. g.,
337, and Railroad Company VS.. Alabama, ID.
S32, it was held there was no judicial remedy
to enforce the performance of the contracts,
there is no case to which our attention has
been called where it was even suggested that
contract of State has not within the mean
ing of the federal constitution the same legal
obligation as similar contract of an individ-
ua In one of the latest cases before it, it said:
estates and cities when they borrow money
and contract to repay it with interest, are not
acting as sovereignties. They come down to
the level of ordinary individuals. Their con-
tracts have the same meaning as those of
similar contracts between private persons" !"
Murray VS.. Charleston, SO q. S., AS. A
citizen may, upon one of his contracts, sue
the United States in the court of claims; a State
NAV sue another State for debt in the supreme
court of the United States; some of the States
permit suits to be brought by citizens upon
claims against them, in their own courts, and
in all these cases the courts may proceed to
decision and judgment; but the courts cannot
in such cases, ordinarily at any rate, enforce a
judgment for money, Tor they have no power
to coerce Congress or the legislature of the
debtor State to proceed by appropriation and
levy of taxes to provide money for
payment of the judgment. There, is
therefore, in such cases, notwithstanding
the right to sue, no judicial remedy, for as
decided in Railroad Company vs.. Tennessee
and Railroad Company VS.. Alabama, a judicial
proceeding which stops short of enforcement
is not Judicial remedy. But can any one
imagine that in any of the cases mentioned
the court would decline to render judgment
for the debt on the ground that there was no
perfect judicial remedy to enforce it? Yet twhy
should it not in all these cases render judg-
ment for the United States or the State, if it
be true that there is no legal obligation where
Daily globe., 1881-09-11

means of remedy, as much as the power and
duty vested in and imposed on court to en-
force payment as between private persons.
1t may not be, and, as a fact, is
not equally valuable with a judicial remedy;
but this is due rather to the difference in the
position of legislatures and courts and in
their modes of procedure than to the
difference in the powers entrusted to them.
1t is sometimes difficult to say whether a law
operates directly on the contract to change
its terms or upon the remedy TO regulate or
yary, that it Is SO here. For it may be a ques-
tion whether it did not enter into and become
a term or condition of the contract as much
as though expressed in the bonds
that the legislature OF the State
for the payment, and if there were no
other funds available for the purpose, should
provide them by the levy and collection of
taxes of course. A State can bind itself to
pay money, and it must follow that it can bind
itself to provide the funds by the means nee
essary for that purpose. It may irrevocably
bind its taxing power. We are speaking now
of the State, not of the legislature, the power
of that department s1tsr to to bind tsI,an the State
necessarily depend on the power conferred on
it by the constitution. Its authority in that
regard need not be considered here, for if the
taxing power was bound at all in respect to
these bonds it was done by the State in the
constitution. A State may, by contract, ir-
revocably bind itself not to exercise, or may
irrevocably limit the exercise of its power of
taxation.
In the case of New Jersey VS.. Will
son, Cranch, leg, the colony of New
Jersey by contract pursuant to an
act of its legislature conveyed certain lands to
or for the use the Delaware tribe Of Indians.
On the act authorizing the contract it was
provided that the lands "s.iall not hereafter
be subject to any tax, anv law usage, or Gus
tom thereof, in any wise Notwithstanding. In
1901, an act of the legislature Of the State,
without mentioning the subject OF taxes, au
thorized the lands to be sold and they were ac-
cordiugly conveyed to other persons. In 1904
the legislature passed an act repeating so
much of the act of 175S as exempted the lands
from taxation. The supreme court of the
United States construed the clause in the act
Of 1858 exempting the lands from taxation to
be contract, and held that the act of 1904
impaired its obligation within the meaniety
of the federal constitution and was therefore
void.
In the case of the State Bank of Ohio VS..
Knoop 49, How 1863, an act of the Legislature
of Ohio, passed in 1S45, under which the bank
was incorporated, provided that any bank in-
corporated under it should pay to the State |
semi-annually per cent.on the net profits of it's
business, switch sum or amount so set off
shall be in lieu of all taxes to which the COM
pany or the stockholders therein would other
Daily globe., 1881-09-11

part of the relator, that tue only legal remedy
there can be to enforce contract is the judi
cial remedy that is the enforcement of it
through proceedings in court ofjustice.
That is the usual remedy and the exceptions
are SO rare that in speaking of the remedy,
the judicial remedy is usually intended But
there may be other remedies than judicial ones.
One of the remedies lby act of the party
aggrieved, enumerated by Blackstone, book 2,
ch. l, is that of distress for rent which existed
at the common law and was regulated by stat
ute by which the landlord might seize and sell
the tenants property to enforce payment of
the rent. Another non judicial remedy is the
for payment Of the debt for which it is
pledged. Another is in the power of sale con-
tanned in mortgages or trust deeds where they
are permitted by the law of the State. This
power of sale is not the principal contract.
The principal contract in such case is the
agreement creating the debt and the
security. The power of sale is only given to
enforce the debt against the property consti-
tutlng the security. And, in general, We may
say that any me4ns in.the hands Of the party
aggrieved, or of any other person, though not
court for enforcing performance of con-
tract, any mode of enforcing 1T agreed on by
the parties, If recognized and permitted by
the law, is illegal remedy; and when the power
of administering remedy is lodged by law
with any person or body, especially If the duty
to administer 1t is also imposed, that consti-.
tutes legal remedy. This would include the
legislative power and duty to provide means
to pay and to pay State or municipal debts. It's
argued that this is Inconsistent with the proper
definition of a remedy which implies cOmpul-
sion on the defaulting party. That there can be
such thing as compulsion, by party upon
himself; that when he acts in the matter the act
is voluntary and according to h s own will and
pleasure and not from enforcement. The ar.
eument is sound when applied to an individ-
ual. But is it so when applied TO the case of
an complex body, the State? 1t is admitted
that there are cases where there is a complete
direct judicial remedy against the State. The
existence of it is admitted in all those cases
where the power and duty to perform con-
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-21
PERSONAL.

Rev. o. :. Basford of Essex Junction Wiz.
make Dakota his home after April next
Ida Marguerite d-Afrcmont, French
Marchioness, wife of Marquis Afremont,
who is paper carrier OF New ork city,
died in a garnet in Wooster street, in that
city, on Tuesday.
General Hazeu, the new "Old i'robab J.
ities," is cousin of Mrs. General Garfield,
their mothers being sisters, daughters oil a
Vermont Methodist clergyman.
Mr.. \. p. Morgan, formerly of Pomtret
has been appointed Professor of Botany III
the Ohio State University at Columbrs
commencing the duties in April next.
H.. Stevenson. collector of customs at
Cincinnati for IA years, died Thursday. aged
g. Mr. Stevenson was Il native OF TINS
State and studied law with President Hayes
and Minister Noyes.
Hon. John W Stewards family have
met with sad aifiiction in the loss of little
Robert, who died on Sunday night. OF dis
ease of the brain, after an illness lasting from
the day preceding Christmas. He was 4
bright, promising boy of nine years.
Mrs Lydia Z. Pearl died at the home OF
her brother in North Craftsbury, on Sunday
Jan ID. Mrs. Pearl was the widow of the
late S H. Pearl, principal of the Normal
school at Johnson, some ten years ago, and
afterwards of the Normal school at Ply-
mouth, " H. She suffered much from a
diseased ankle, supposed TO have been caused
by hurt, and was in the Mary Fletcher
Hospital some four months. She leaves two
daughters. 10 and II years old, the Young
or deaf mute at Northampton institute.
Mrs Valera G. Stone of Boston has made
the following distributions from the Stone
estate during the present month: Hampton
Institute, Fortress Monroe, Va, SCI, 600 3;
Olivet College, Olivet. Mich, $50, 900; Rir-
on College, Ripon. Wis, $50, 1000 Illinois
College, jacksonville, ILL.,, 100000; Mariet-
ia College. Marietta, Ohio. $4,000; Beloit
College, Beloit, Wis, $4,000 Robert CO.
lege, Constantinople, 100000; Howard Uni
vcrsity, Washington, 5000; Berea Col
lege, Berea, Ky, $4,000; New West Edu-
cation Commission, Sl2, 800; evangelical
work in France, SIS 600
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-21
n, HANKIfl-PTyY.

la the district court OF The United States for the
District OF Vermont. In the matter of Grandy.
Skinner, Walker Co.. BankGupts.-in Bankruptcy.
Notice h hereby gwen that by order of the court
n second and third general meeting OF the creditors
of said hlnkruPts Will he held on the 18th day OF
February \. ID. ISL. Al O'Clock p. IN, al the office
of j. l.. Edwards. IN Newport, IN the county of
Orleans, and STATE Of Vermont, before John L.
Edwards, Esq, one OF the Registers IN Bankruptcy
of sail court, for the purposes named in the 2sth
and 2sih sections of the Bankrupt Act OF March I'd.
A. d. ls6. and that have filed my final account as
Assignee of the estate of said bankrupis, and at the
time and place aforesaid shall apply TO said court
for the settlement Of my said accounts, and for a
dlsch arge from all liability as assignee Of said
estate. IN accordance with the provisions OF the
2slh section of said act.
WM. X. ROWEI.L, Assignee.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-21
Argal Nutirf5.
DAVID STORy,s ESTATE

STATE OF VERMONT, ! The Honorable the
DISTRICT oF chIrTESDFNsS District of Ch,ttenden,
To the heirs and all persons Interested in the es-
tNe OF David SiJ!y, lIIe Of Undvrhli, IN said dis
trict, deceased. GREETING:
WHEREAS, application hath been male TO this
w Court in writing, Icy the administrator of said
estate. praying iJr license and authority to sell the
real estate OF said deceased. for the payment of
debts aud charges 81 administration, and setting
forth therein the amount of debts due from the
said deceased, the charges Of administration, the
amount Df persona! estate, aud the situation OF the
real estate.
NhercHlun, The SAIL court lappOintrL ami as
signed The aih day Of February, ISL at TIE Probate
Court ROOMS, in SAID District, 10 hear and decide
upon sad application and petition, and ordered
public notice thereof to he given to all persons III
erested therein. by publishing said order, together
with the time AMI place OF hearing. three weeks
successfully in the Burlington Frce Press. news
paper which crcuates in the neighhorhOod of those
persons interested ~ EAli estate all which publ
cations shall De previous 10 the day assigned for
hearing.
Therefore, NOG are hereby notified 10 appear be-
lore said court II the time and place assigned then
and there. IN said court, TO give bonds a the law
directs. Tor the payment of the debts and charges
OF administration, and make your objections TO
The granting OF such license, If You see cause.
GIVEN under nv hand, Al the Probate court roaus
this i2th diy of January, ISL.
2yw3w GEO. " MALES Register
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-01-21

tbs largest ami most complete stock ut sir..iE.
AMI SechS IN this pati OF the country Will be touui
nj Browns Repository, Burlington, VI Slles-rOom
uu ST Paul Street. lust below the Van Ness House,
C1uSlsiIn. VI two amt three Spring, Canopy Top
ami Extension Top Eh1ctOuS. side har aud side
spring top AMI En.tup Buei'tes, Concord ant Two
seated Wagons Jump seats. etc, &c
IN orders promptly attended 10.
1hrN ave IT every desirable VARIETY 90 he Nef1
h->t mlnui'tuir, aud of The latest ami most SWISH
design
10 moi sell ou commission. neither 10 have nv
goods consigned To- me. huN Tor cash and sell tc5
cash nt it, t,autGls1f wv prices are stlll lower
thin ever before amt shall continue 10 sell. cl.gliy
considered. for prizes that dety All competitor I
NEtN BUSINESS.
Thankful Tor past taVors stni solicit a cOutlBu-
unre ct The same. II. II. BROWN,
Burlington, April -, l>!e-wtf