davidaulloa/AmericanStories huggingface dataset:
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
AN IMpoKrANT DECISION
The Justices of L.auds rdale Count
Tennessee Isronght to Time


The Justices of Lauds rdale County,
Tennessee brought tn Time
MEMPHIS, Tenn, Jan. 27.-The United
States circuit court to-day rendered a
very important decision in the case of
Lucinda Walb VS.. the justices of Lauder
dale county, Judge Shelby Harmon d
delivering the opinion. The plaintiff
recovered u judgment against the coun-
ty for $28,000 on bonds issued in aid of
the old Memphis IL Paducah railroad
which was affirmed by the supreme
court of the United States 4 pre-
emptory mandamus was issued requir-
ing the county court TO levy tax to pay
it and the justices all resigned to eYade
obedience to the writ. They were ar
raigned for contempt on the GROUND that
Notwithstanding their designations they
were still in Office and bound to obey,
because the constitution of Tennessee
provides that every officer shall hold his
Office until his successor IS elected or
Appointed, and qualified. The statutes
require the sheriff when justice of the
peace resigns to hold an election to fill
the vacancy in ten days but the sheriff
has never called an an election because
the people of the county determined not
to pay the subscription claiming that
the bonds are void and the railroad
Judge Hammond decided that under
the constitution no officer in Tennessee
can abandon his office until his success
sor is qualified. He may resign so as to
create a vacancy sub mode, TO authorize
the appointing power or election to sup
ply a successor, but until his successor
is qualified the resIgniDg officer must
continue in the discharge of his duties.
This was the rule of the common law,
and has been restored by the constitu-
ton of 1870 in Tennessee. To prevent a
paralysis of government agencies, the
court Withholds the sentence of a fine
to the full amount OF judgment distrib.
uted according to ability To pay among
the twenty-three resigning jus
| tices. and orders an 0Eias man
Glanlus TO levy tax in April
next, the regular annual levy This
sentence will be passed if there is any
further disobedieBce of the writ by the
| justices or their successors. This is
test case and there are other judgments
to large amount, against LaudeTdale
and other counties The effect of the
| decision is to completely destroy all
power to evade process of court by resi-
dents and to furnish a complete remedy
to enforce the judgment of the courts
against defaulting counties in Tennessee
There is no appeal from the decision, as
it is criminal case and the justices will
have to obey the writ or go to Jail until
il is done. and pay fines and costs into
| the United States treasury.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

All old Kansans will regret to learn of
the death of General r. B. Mitchell,
which took place at Washington Thurs
day. He was an early settler in Kansas,
and was a member of the territorial leg.
islature. When the war broke out he
became colonel of the Second Kansas
regiment, which he helped organize.
He was promoted to brigadler general
in 1862, and participated in the decisive
battles of Tennessee and elsewhere till
the close of the war, when he located in
PaOla and practiced law in partnership
with Major B. F. Simpson. General
Mitchell was brave soldier, a good
lawyer and an estimable man. Had he
been Republican he would undoubted.
ly have been prominent in politics. He
had been resident or Washington sew
eral years previous to his death.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
ROusing Anti POIygamy Meeting at
PittsburR.

PITTsBURG, Pa, Jan. ga large and
enthusiastic anti-polygamy meeting was
held in the First Presbyterian church to-
night. Notwithstanding the weather
was very disagreeable, the church was
crowded with prominent citizens of all
denominations. The meeting was
opened by Rev. DR.. Wheeler, of the
Christian Advocate, who denounced po-
lygamy in the strongest terms. Hon.
Felix Bruuot was chosen president, and
Rev. j. f. Boyle secretary. Speeches
were made by Judge White, Rev. DR.,
Robinson, Hon. Felix II. Brunot and
other prominent citizens. kilograms
were read from number of newspapers
and residents of Utah wishing God speed
to the work. Resolutions were
unanimously adopted which de-
nounced polygamY and Mormonism
and asking congress to render I'M
possible the entrance of Utah
into-the sistcrhood states until the con-
tInued existence of pOlygamy shall be
made impossible, and this on the plea
that the concession of the power of self
government must always be condition
ed on the disposition TO exercise its
privileges lawfully, also demanding that
the protection OF our national prestige
shall not be longer extended over the
pfopagatOrs OF TINS lnlqulty among
population whose laws are as decidedly
opposed to the vice of polygamy as our
own. The admission of anyone living
in violation of the moral laws of the
land into our congressional halls was
protested against, and congress request
ed to abolish the territorial organization
of Utah and govern the territory by
commissioners, or by legislative caun-
Gil of SONG sort appointed by the nresi-
dent and senate. The representatives of
the 22d and BIRD congressional district
were also instructed to vote for the ex-
pulsion of q. A Cannon, delegate from
Utah, on the grounds of his being IA
polygamist and an alien.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
Board of Health Froolamat.on.

FIT. SCOTT, Kan, Jan. 29.-The follow
ing circular was issued by the board of
health to-day: Many erroneOus and
greatly exaggerated rumors having been
circulated in regard TO smallpox in our
city, We deem it just to ourselves and
necessary to the business interests of
our community TO state the facts in the
case. The first case was Mr.. Q. n. TRY,
now entirely well, he having contracted
the disease while travelling. The second
case was that of Mr.. Ury's child now
well, and there is no probability of any
more of his family having it. owing to
beneficial results of vaccination. The
third ease was Mrs. Labicre, who died in
thirteen days after being attacked with
the disease. Dir. Lsbiere and his three
children have left the city. These two
families were rigidly quarantined, and
We do not apprehend any more cases
unless it is brought here from other sec
tions of the country east of US where it
is now an epidemic. At this date we
now state positively that there is not q
single case in our city.
(Signed) John Glunse, Mayor.
j. s. Sanger, IL. d, A Richards, w. d.,
Diiard, board of health.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
OVER THE STATE

Lawrence has caught the water works
fever.
Parsons has had sixteen Uncle Toms
Cabin companies in four years, and is be-
ginning to squeal for change.
The janitor of the state capitol, David
Ware, has occupied the position since
the admission of the state, tWenty-one
years. He came out of Missouri with
Jim Lane.
Clay Center is stuck on her school
house. The original amount voted,
$27, GOO, is exhausted, and the building
is far from complete. The Times says
1t will cost $4,000.
Ellsworth has COW that gave birth to
twin calves in February, 1880. She
gave birth to beautiful heifer calf in
February, 1881, and two beautiful calves
in December, 1881, making in all five
calves in less than two years.
To get the Eagle man out of shi
dock, Major H. G. Sluss, Capt. w. E.
Stanley and Judge w. P. Campbell as
congressman at large. Yes, and there's
General Dick Walker. We have enough
material for eight cOngressmen.-New-
ton Republican.
Now just hold on. What are you
going to do with big Jim SteeleS
We have o circular from Geuda
Springs, Sumner county, and if its state
ments are correct we have in Kansas
medicated springs equal to, if not Su-
perior to the celebrated Hot Springs OF
Arkansas. A town has been laid out
and improvements are going on. Many
aggravated cases of rheumatism and
kindred diseases have been cured in q
surprisingly short time. Extensive ar.
raugements are being made to take care
of patients, and a rushis ant icipated.
The surroundings of the town are pleas
ant
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Governor st. John told the people at
Brooklyn Tabernacle that many good
people opposed the prohibition amend
ment in this state for fear it would retard
its growth and discourage immigration,
but 100000 people have come into the
state since its adoption. 1t was also
claimed by the opposition that railroads
would be injured, while the fact is that
their earnings in 1881 were 40 per cent.
greater than ever before. It Is further
claimed that the Republican party
would be deserted by the liquor men,
and ruined, but it rolled up q majority
of 81 600. He said that in the rural por-
tions of the state propibition Is Also
Lutte, but in the cities liquor is sold TO
q certain extent, but the prohibition Law
was not violated any more than the Law
against larceny, and there was q de
crease in crime.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
A SWEEPING VERDICT.
Finding of the COrOner's Jury in tn
Case of the Spuyten DuyVil Dis

New YORK, jan. 26.-The corOner's
jury in the Spuyten Duyvil railroad dis
aster case, rendered verdict that Geo.
MeliusS brakeman of the Chicago eX-
press; George +. Hanford, conductor of
the train; Edward Stanford, engineer of
the leading locomotive; Archibald
Buchanan, engineer of the locomotive
Immediately attached TO the express
Frank Burr, engineer of the Tarrytown
train; John NJ. Young, superintendent
of the New York Central railroad COM
pany and the officers and managers
of the New York Central and
Hudson river railroad company
are guilty of causing the death of Web
ster Wagner, Park Valentine, Louisa
Valentine, Mary L. Brown, Talbert
Richards, Olivia p. Kentry, Francis
Marshal and Darling l.. Parson, by
criminal means and culpable negligence
in the performance of their several du-
ties connected with said railroad, In so
far as by such inquisiit0n the jury have
been able to ascertain that each and
every one of the persons named is re-
sponsible ia his own individuality, not
one sharing the responsibility with
another. The jury affirm that with the
experience of fifty years of railroad man.
agement and with the appliances in gen.
eral use for the prevention of like disas-
tiers there appears to be no pailiation
whatever for the criminal carelessness
and disregard for human life exhibited
by the employees of the company
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
SOME KANSAS STATISTICS.

During the year ending March LIST, last,
IL ,07S farm dwellings, valued at 81, 1885,
545, were erected In this state.
The farm products Of Kansas, for the
year 1881, aggregated $122 ,946, 4S9 in
value.
The property of the state Is assessed
at $40, S23, 1913. It's real value is three
times as great.
The winter wheat crop of Kansas last
year aggregated 10, 164 ,s96 bushels; and
the spring wheat crop, 1874 1913 BUSH
els. The value of the wheat crop is es-
timated at $al, 7o5, s75.
The corn crop of 1881 aggregated 3d.
200, 542 bushels, the estimated value Of
which is 81, s59,9G3.
Broom corn is getting to be very
valuable crop in Kansas. This product
last year, aggregated 81 61 $50 pounds,
valued at 81 ,4SO,115.
Kansas produced 1 ,1S4, 445 bushels of
flax seed in 1881, valued at 81, 1919
OF the new cereal, rice corn, 52O.534
bushels, valued at $314,7S7, were pro-
duced in this state in 1881.
Last year 800, 249 acres of Kansas land
were planted in millet and Hungarian,
%, $50 acres in timothy meadow, 1850
in clover meadow and 957, 500 in prairie
meadow, the product being 752, 47S tons
of millet and Hungarian, 89,997 tons of
timothy, 80. 296 tons of clover and ,216,-
316 tons of prairie hay.
The total area in all farm crops, last
year, aggregated 9.S02, 719 acres, and the
products were valued at $91, $40, 439.
There are, in the state, 2,249, 1876 rods
of board fence, 1855, 200 of rail, /, 490, 799
of stone, 14,7OO,61s, of hedge and 5,GO7,-
$50 of wire-an aggregate of 49, 65 miles
of fence. The total value of these fences
is estimated at sea. 732, $40.
In 1871 the corn crop of Kansas aggre-
gated only 24.693OOO bushels; in 1881
this product aggregated so, 76O,542 bush
els
The public lands in the state, remain
ing undisposed of, aggregate 9,7O5, 420
acres, as follows:
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Some of our exchanges have men
toned d. w. Eastman of this city as n
candidate for state treasurer. lie has
been treasurer OF this county for four
years, and we venture the assertion that
no county in the state has had II more
capable or faithful guardian of the pub
lie funds. lie would make worthy
SUCCESSOR for John Francis.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

An important step in the direction of
the vigorous treatment of he Mormon
sore is the agreement Of the senate judi
ciary committee upon a bill for the
suppression of polygamy. The bill pro-
vides for keeping off juries all who
practice or believe in polygamy, for de-
barring polygamists from the privileges
of voting or holding Office, and for max
ing the fact of bigamous relations suffi,
cient evidence alone of a violation of the
ststute against polygamy. In other
words, it takes away the rights of citi
zenship from the Mormons and provide:
q sure and expeditions method for send
ing them'to Jail. No one can reasona
bly, complain that this remedy for tho
Utah evil Is, not sufficiently drastic.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
Stems He,nr TakeD for a New TriaI.


WASHINGTON, Jan. 2S.-In the crimi-
nal court this morning Scoville and Reed,
counsel for Guiteau, appeared and the
former inquired of the court in respect
to the form of his bill of exceptions
whether he would be compelled to ex-
cept specifically or whether general ex-
captions would suffice. Judge Cox said
under the practice of the court he would
have to except specifically. Scoville
then stated he had intended to file q mo-
ton for a newtrialbut would like to have
until Monday The district attorney
objected and ScovilIe stated in that case
he would file motion this afternoon in
the clerks Office. The district attorney
asked the court to assign Tuesday next
for hearing of the argument upon the
motion, but upon representations from
Scoville he will scarcely be able to enter
upon his argument by that time. The
court declined to fix day at present.
WASHINGTON, Jan 2S.-This afternoon
ScovilIe filed with the clerk of the
supreme court of the District of Colnm-
bia, the papers en- which he bases his
motion for a new trial. Not being ia
miliar with practice in this district,
ScoviIle concluded to file two motions.
to assure himself against the possibility
of being deprived through any legal
technicality of the right of court in the
general term. The papers filed IN sup
port of the motion are the pris-
ouer's affidavit; the affidavit of Fred
erick II. Dryden. as to the finding
of newspaper in the room occupied by
the jury under circumstances indicating
that it had been read by the jury; the
affidavit of j. W. Guiteau, stating that
he is acquainted with the signatures of
the five Jurors whose names are written
on the margin of the newspaper said TO
have been read by the jury; that he has
seen them write their names and be.
lieves the writing on said newspaper tG
have been made by the jurors named
and last the affidavit of Mr.. Seoviile
setting forth the newly discovered evi
dence upon which be based his motion
for new trial The first paper IL 8 mo-
ton for new trial upon the following
grounds:
First, BY reason of the uncertainty il
| said verdict, in that the jury thereby
found the defendant guilty as indicted :
| whereas the indictment consists Of diff
ferent cOunts variant from and in con
sistent with each other in matters oI
substances.
Second, That said verdict of the iurs
does not specify which count or count.
] of the indictment il was founded upon
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
.sters at Rice Bros
stop ina. Cough.

If you are suffering with a cough,
cold, asthma, bronchitis, hay fever, con-
sumption, loss of voice, tickling in the
throat, or any affection of the throat or
lungs, use DIR. Kings New Discovery for
consumption. This is the great remedy
that is causing so much excitement by
its wonderful cures, curing thousands of
hopeless cases Over one million bottles
Of DR.. Kings New discovery have been
used within the last year, and have given
perfect satisfaction in every instance.
We can unhesitatingly say that this is
really the only sure tcure for throat and
lung affections, and can cheerfully rec
ommend it to all. Call and ges a trial
bottle for ten cents, or a regular size for
81. For sale by B. Wheldon s. Co.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
The Temperance Boom IA Iowa

DEs MONIES, H., Jan. S7.-The state
temperance convention agreed 10 urge
the legislature to submit to the people a
constitutional amendment prohibiting
the liquor traffic in the state ResoIu-
tons denouncing saloons as the chief
source of crime and poyerty;. de-
nouncing Senator Logan's proposition
to convert whisky revenues TO the educa-
tiOnal fund and requesting Iowa SEN
ators TO oppose Ii; commencing the
Woman's Christian Temperance Union,
and appealing TO the Intelligent and
virtue-loving people 10 support the pro-
hIbitory amendment, after a heated dis.
cussion, were adopted. Governor St
John lectnred in the evening, claiming
success for prohibition In Kansas, al.
though the law was violated in the large
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

II is alleged that the Mormon author
tiles have had trained band of detect
ives, male and female, in Washington
for u long time, whose business it has
been to shallow Congressman whose
habits with the fair sex have been some
what extravagani, and that at the pro-
per time mine will be exploded I'M
less Congress abandons its crusade
against polygamy.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Kansas City Journal: Senator Plumb,
of Kansas,is going down to the roo, ofthe
matter and proposes TO make prohibition
prohibit in fact rs well as on paper,
He has introduced bill proposing an
amendment TO the constitution of The
United States, prohibiting the manu-
facture, importation and sale of all dis
titled and iermented liquors as bever-
age in any portion of this country. This
places Senator Plumb at the heal of the
temperance army, while ST John remains
n sort of drum major.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Speaking of Senator Plumb's late
speech the MAMA Republican says:
His speech was a powerful presenta.
ton of the western view of finance, and
was the sensation of the day at Washing
ton. His views and suggestions were
new and fresh, and, what Is more novel
in the senate, were wise, and will have
great weight in the financial legislation
of this winter. The Kansas senator
seems to have some well-matured, prac-
teal views on finance, and has suddenly
pushed hiWselfto leading position in
the country by his speech in the senate"
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Everybody is hoping for the passage
of Congressman Anderson's bill to bring
the Kansas Pacific lands under assess
ment. The settlers in the counties
where this land is held are now com
PEELED To pay the railroads share Of the
taxes, which is simply an outrage, and
nobody except an internally hoggish
railroad company would expect or ac-
cept such n condition of things.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
Terrifle Gale I'd BurIIngton.

BURLINGTON, VT. Jan. 27.-Tbis morn
ing the city was visited by the severesi
gale known for many years, doing great
damage TO property. One wall OF the
Burlington and LainEille railroad depot,
a lofty brick, building was blown
in and the roof blown off. The roof
also was blown off two buildings oil
the Burlington cotton miIla- Many
chimneys were blown down and a large
number of trees Frustrated. The ice
was swept out of lake Cl1amplain and
Burlington Bay almost in an instant
Much havoc was done in the timber
wards.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
A Jury to Try Cran-Furniture Maker

CINCINNATI, Jan. pa Gazette's Cat
lettsburg, Kentucky special says: A
Jury was chosen to-day TO try Ellis Graft
for the Gibbons murder and the trial
will begin tomorrow.
The Western Furniture Manufacture
ing convention adjourned to-day to meet
the second Tuesday in June in Chicago.
One hundred and fourteen members par
took of the banquet tonight The RESULT
Of to-day's session was 10 raise the price
other kinds per cent; TO fix 60 days as
the limit of credit except in the far west
where il may be 90 days and to give 10
per cent. OF to retailers for cash and Is
per cent. OF to jobbers.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02
Governor Murray, of Utah, has 2.

Governor Murray, Of Utah, has gotten
upa red hot message. He says the sys-
tenn of plural wives was, by act Of con-
gress of 1902, denounced as n crime. The
constitutionality of this act has been
fully sustained by the supreme court of
the United States. 1t being claimed
that the people of Utah are IA law-abid-
ing people, 1 submit, rs II necessary Sc
quece. that you, as their representatives,
should enact laws in accordance there
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

The area of Chilli is l32,606 square
miles. Her population is about $780,
600. About eighty two per cent. of her
territory is either desert, pasture or for
ests, with only eighteen per cent. of
arabic land. Her whole territory proper
is not so large as the state of California,
and her population is about equal to the
population of Missouri. When it is
considered that Peru and Bolivia, her
late antagonists on the battle. field, have
double the population of Chilli and
four times the area of arabic land, the
pluck and staying qualities of the PEG.
pie of the gallant little republic are
made more manifest.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Pueblo Chicftain: Senator Plumb's
speech in the senate ON the three per
cent funding bill was n very able ef-
fort. Mr.. Plumb showed up John Sher-
man and his financial vagaries in mas
terry manner, ana must have made that
rrnlleman feel decidedly uncomfortahlc
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

Over $7OOOOO,OOO was expended in
1881 for intoxicating beverages, Sc ,OOO,-
900 per day, and over 100000 900 more
than was expended in the purchase OF
food and $15OO0O,OO0 more than for
clothing; 5000 men were engaged in
the production of Intoxicating drinks.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

1t seems to us the country is thor
oughly sick and tired of Guiteau chat
ter, and if the newspaper reporters and
press agents will keep away from him
and give US a rest on reports of his con-
dition and what he says, they can have a
unanimous vote of thanks. Let his
loathsome character and carcass go to
the gallows covered with the country's
silent contempt. Do not continue to
fiaunt his obnoxious name and disgust
ing speeches in the faces of the people
longer.
The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-02

The New York Tribune speaks in
complimentary terms OF our governor;
"Governor John =. st. John, the tenn
perance-loving governor of Kansas, is OF
rather short stature lie wears heavy
moustache, and his keen eyes are set
deep under bushy eyebrows. In CONVEX
sation he is earnest, aud he has a modest
western manner; but when he speaks
from the platform people feel they are in
the presence of an orator"