davidaulloa/AmericanStories huggingface dataset:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Jrage Tnroey-. OpIuion.

After recitine the facts Of the case, the act
is merely a proposal for a contract. The
first question is, have the compliments any
interest in the suit to entitle them 10 sue? 1t
Is the inherent power o. the court to give
remedy to citizens of the State when about
to be injured, and it must be that the COM
plainsnts, as taxpayers, have interest suiii-
cient to invoke the court. IL Is not necessary
to wait until they have been injured. The
injury is already threatened by the contract
being about to be contaminated, and they
can therefore move in this matter. II there
Is no precedent, we must make one. l think,
however, We have precedent in our own
courts. The action OF gus tiMet always ap-
plies where a great and irreparable injury
is about TO follow. 1t is next insisted that
this Is a suit against the State by the
&C; Of 1878. The selection OF the
State officers was merely a convenient
method of carrying out the act. They could
have as well selected the sheriff or any other
officer OF the State. No good reason is given
when an act is unconstitutional, that suit
against the officer TO prevent him from exc
cutting such an unconstitutional act is a suit
against the State. By what rule can the
servant rise above the master? Ii the Off er
is created by unconstitutional law, lie has no
power and is no officer of The State at all.
There being no legal officer, a suit against
those named as such is not agAinst an officer
OF the State, the argument that the bond
holders are not before the court is not ten
able, this being only proposition for a con-
tract The third section Of the act makes
coupons receivable for all kinds Of taxes,
the school bonds included, and thereby VIC
lating the general school fund by
making this fund subject 10
the mortgage law. This question
then is, shall the constitution or the act or
the legislature succumb? One legislature
cannot bind the successive legislature. This
is in direct conflict with the constitution. No
legislature can exceed its own session. The
policy of the constitutional convention was
to limit them to their own term, az they are
not able TO see what will occur in the future
by way of war, famine, etc. By this act the
fret money must be paid to the bondholder
before anything can be done, and hence the
government is not to pay its necessary in
debtedness to carry on the government. The
creditor has no right to expect first mort
gage on the fund Of the State. This will be
a surrender Of sovereignty. The State has
right to be It's own financial agent. ex-
press no opinion on bribery, as under the
constitution we have no right to
inquire into the motives OF the
legislature. / am therefore in favor of de-
claiirg the act unconstitutional and that the
injunction be made perpetual. And in doing
this do not want it understood that favor
rapu6iaf
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
MISSISSIPPI LEGISLATURE.
A Large Amount of Routine Business
Transacted I'm the HOuse-GenersI
Hancock
Invited 10 Visit the Capital the Hon.
Oret Guest of the People OF the
State.

Special to the Appeal
JACKSON, Miss, February 11-House.-
Bills referred: To provide contingent fund
for the State Board OF Health; to allow the
sheriff OF Coahoma to charge and collect
mileage in executing all processes; to amend
section 1880 of the Revised Code; TO amend
section 444 of the Code; to regulate allow
ances of circuit and chancery clerks in coun-
ties where there are two judicial districts:
for the relief OF w. W. Brame
Bills passed: In relation to the feed Of
prisoners 10 county jails; for the relic; OF
II. c. Powers; to Incorporate the Natchez
Waterworks Company; to authorize the city
Of Natchez to transfer certain shares in the
capital stock OF the Natchtz Jackson and
Columbus railroad in accordance with pre-
vious agreement; for the prot ction of agri-
culture in Adams county; to reduce the COR
porate limits OF Corinth; u prevent the sale
of liquors in Newport; in relation TO the dis
tribution Of the interest Of the Chickasaw
school fund; to more effectuaily protect pub
lie levees of levee districts; to allow the
levy of an additional tax on Chickasaw
county to pay the outstanding debt; to pre-
vent the sale of liquors al Salem Church; TO
amend the charter of Jamestown; to amend
the act Incorporating the Sunhower and
Cassidy Bayou improvement and Naviga-
ton Company; to authorize the supervisors
of Copiah county to levy special tax TO
meet the deficit in the school fund; to amend
Hazlehurst; to incorporate the Merchants
and Planters Bank with the Senste amend
ment OF Hazlehurst: to prevent the sale OF
liquors at Star Landing, or within three
miles thereof; also the town of Pennington;
to define the rights of parties running lin
Der; the act ceding the jurisdiction of the
State over certain lands ow ned by the United
States; to amend the charter OF the town OF
Fayette.
Bills indefinitely postponed To aid as
SCISSORS 10 the assessment OF taxes; to author
ize tax-colle ctors TO receive certain certih-
Gates in payment of taxes; on repairing and
reiurnishiDg tie governor mansion; to re-
quire the supervisors OF Alfalfa county TO
publish the proceedings of the board.
Rscommitted: To amend section 1t9S of
the Revised Code; to amend section 324 OF
the Revised Code.
A resolution was adopted inviting General
Winfield 5. Hancock 10 visit the capital
during the session of the legislature as the
honored guest of the people OF the State,
and committee on the part of the lower
house was appointed to forward the invita-
ticn and receive him, should the invitation
be accepted.
The Senate is scattered over the State.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
SEDUCER SHOT.
Bob Rean Meets His Death at the Hands
of Ellis Victims Father
From an Appeal Correspondent

From an Appeal Correspondent.
MoULToN, Ala, February 9.--The news
has reached this place OF horrible killing
at Mount Hope, twelve miles west of Moul.
ton, which occurred on Tuesday last. Mr.
W. A. Stoune, merchant of that place, shot
Mr.. Bob Bean and killed him instantly, nine
buckshot taking effect in the back of Beams
head, and he fell from his horse dead
man. The circumstances which led to the
killing were very aggrav ating and provoking.
About two years ago, so rumor says, Bean,
under promise OF marriage, seduced Stoune's
daughter, but declined to fulfill his promise.
At this time Stoune was in Europe, visiting
relatives and old friends. He was much
mortified on his return to find his daughter
ruined and his family disgraced. However,
the man who had brought darkness and sor-
row into this heretofore happy family had
fled to the State of Arkansas, leaving the I'M
fortunate girl to take care of herself and the
child. Mr. Bean was on his way to his
fathers home on Tuesday last, the 9TH in
slant, when Stoune stepped out and shot
him. 1t is terrible blow to both families,
but it is the general impression that Bean
received his Just dues.
We have been almost washed away up
here, and ii continues to rain with unabated
zeal. But little has been done by our farm
ers. However, as soon as the weather clears
up there viii be general rush for the plow-
handles and the grubbing-h hoe.
As usual, the farmers in this county will
have to draw on Western corncribs and
Western smokehouses for supplies to run
them this year. 1t takes all OF their cotton
money to buy little bread and meat, and
many of them will have to live very
economically to get through, or what they
have mortgsged for.
Before closing permit me to congratulate
you upon the neat and newsy appearance of
the APPEAL, which is considered by the peo-
pie in this elton to be the best paper pub
lished in the South or Southwest. 1t grows
better with each succeeding issue, notwith-
standing the SHADOW of Death" libel suit
Respectfully, LAWRENCE.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Judge Mcfarland

said: eve only have to respond to the le-
gal question, and endesvored to consider it
in a legal spirit" After stating the facts
decided, he said: "The question is, can the
courts take jurisdiction OF the question? l
am satisfied that they cannot. We, as the
judiciary, have no right 10 say that the leg
isature exercised improper influences in
passing the act. The remedy where the law
has been improperly obtained is to repeal it
by future legislation. There are three dis
tinct and coordinate departments. The leg
Isfs-.ve, executive and Judiciary. II we
have the right 70 inquire into the motives of
the Legislature, then tie legislature has a
right to inquire into our motives. Ii is said
that in contracting, she lays ASIDE her SOW
ereignty, but ] think that Is a mistake, and
that the State does not lay aside her SOW
ereignty 10 order 10 have it construed by the
courts. 1t il a question for the future
legislature as to whether they viii rec gnize
tins act They can repeal il, think. As TO
the eonstitutionalty Of the act he said: The
result would be that future Legislature 3
would have to levy tax for the payment OF
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

the coupons. The question Is not that the
coupons shall not be receivable for taxes, but
as to whether they can stipuiste in the con
trBct that the law shall not be repealed. The
legislative power il limited TO the two year,
to which they are elected. One generation
cannot legislate for the next. The State can
contract 10 pay their debts, and pledge the
honor and faith Of the State in the payment
Of said debts, but the State cannot be coerced
into the payment of the debts. The State is
sovereign, and no such power can or ought
to exist. The Federal courts will take juris-
diction to compel the State 10 execute its con-
tract. The State itself being sovereign, may
repeal the act. and the mere fact that she
has entered into the contract will not pre-
vent her from repeating. II the future legis-
lature should be OF the opinion that it is IN
just, they can repeal it. But when the Fed
eral court was invoked they would not CON
slider as to whether the contract was obtained
by fraud, and the State would be enforced to
pay it, The right of the State then follows
to assert its right and maintain its govern
meut, and the stipulation that the act should
not be repealed, in law destroys the whole
contract. Jurisdiction is invested in the
Federal courts and their decision il the law
in the case. The court ought to sustain the
legislature, il possible. ! do not know
whether il will affect the interest Of the
state. f. resolves itself into this:
VIII the sovereign power Of the State re-
main with the people, or shall it be de-
stroyed? ii the act of 1881 be out of the
way the officers of the State have no au-
thority. The State cannot be supposed to
compel It's officers TO perform an unconstitu-
tional act. 1t il true il is priDld taeie valid.
and they will have the color OF authority,
but if the courts can look This far they can,
look further. This State cannot be sned,
but suing an officer acting under void ar
thority il no suit against the State. 1t is az
much the duty of the State court
as OF the Federal court to de-
clare void any law in violation OF
the constitution of the State, and in
some cases 10 bring suits against officers of
the State TO prevent the violation of the con-
of the United States. The question
is can they decide the question pow, or wait
until the wrong is committed? Ii the court
has the jurisdiction, they can decide it now,
before the injury is committed. The furd-
ing board are the only ones that could be
made defendant. The taxpayers are the
proper ones to bring suit. | stand on my
own conviction. / am of the opinion that
the decree of the chancellor dismissing the
bill is erroneous.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE cotton market opened and closed
barely steady yesterday, with middliDg
quoted at llgc. In New York spot middling
was IL &c, and firm; futures closed steady but
ieverisb, with March 11.61@11.63. In New
Orleans spot middling was lie, and firm;
February futures were firm at ll.55. In
Liverpool middIing uplands were SD, and Or
leans I1-1Gl and firm futures closed quiet
at Sgd for February, February-March, and
g l3-lG95 1881 Tor August September.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
ChIeEInsiice Deaderick

stated four propositions upon which he based
his opinion, the same as Judge Ewing. say
ing that he concurred in the opinion of that
Judge, in holding that the decree of the
chancellor ought to be affirmed.
The governor said to-day was the gloomiest
day for Tennessee that has occurred since
the rebellion, and that the State would prob
ably not be able TO recover from the eff cts
of the majority opinion for hundred years
He was not prepared to say yet what course
he would pursue relative to the action of the
Supreme Court He would wait until the
smoke had been blown out of the way before
he should decide upon any future policy.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

DALLAS, TEXAS, February 1.-THE Trini-
dad river is higher than it has been since
1866, and large amount of lumber, small
houses and driftwood, and a considerable
number of dead cattle, are floating down.
Trains on the Missouri Pacific, Gulf, Colo
RADIO and Santa Fe, Texas trunk, and the Chi
cago, Texas and Mexican Central roads have
been abandoned for the past two days. 1t is
apprehended that reports of great damage
will come in when the storm snbsides
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

CHICAGO, February Luke Ransom,
an employee of d. NJ. Robinson's Reaper
Company for eighteen years, and manager OF
the Chicago Office for the last nine years, was
found dead in the suburb, Hinsdale, this
morning, halfway between his house and
the depot. Near him was a revolver with
theechambers empty, and there was pistol
shot wound in the back of the head, from
which brains oozed. There were evidences
of a struggle, but no trace of the murderer.
The clothes and wallet had been rihed of
their contents. He leaves family in mod
crate circumstances
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

TENNEssEE is destined to become much
more prominent in the manufacture Of iron
than it has ever been. 1t will owe this
prominence largely to the abundance Of good
b;tuminous coal which it possesses, but
largely also TO the improvements in the
manufacture OF charcoal pig iron, which
have already been adopted in many instances,
and which are certain to be generally adopted
at an early day. OF TIE good quality of
Tennessee ores nothing needs to be said.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

Ir is matter for rejoicing that the court to
which the appeals were made against the
decisions OF the Irish land commissioners
substantially confirmed the decisions those
officials had rendered. The power OF the
landlord to extort from the tenant IL practi-
eally at an end. When excitement is over
and Ireland feels the substantial advantages
il has received, the result cannot but he
favorable to peace and productive of con-
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

IN Greece at elections the voting is gen
orally done in church, sometimes the poll
ing place Is a schoolhouse; only the officers
and voters are allowed entrance. The ballot
boxes are 50 constructed that the voter passes
his hand into tube from which, by throw
ing the ball to the right or left, he votes yes
or no. without the spectator being aware
which direction the ball has taken.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

our industrious young people, and the money
requisite to defray their expenses to the
West, would be retained among Us TO aid in
the development and prosperity Of
East Tennessee. Oh, how this section
of country is being drained of muscle, brains
and gold, because our farmers ask from
$50 to $500 per acre for land. ....-. The
promise of an abundant harvest in this end
Of the State is at present very hattering. The
warm rains are making the wheat-felds YER
daut and beautiful"
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

WHAT is doing about "the Mormon prob
lsmY we are singularly silent in Memphis
about plural wiie-taking. The House at
Washington has passed bill prohibiting
polygs having seat there. With some
earnest urging from the people it will do
still more aud stop them from eleoting dele
gates 10 the House at all
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Nothing AFFECTING railroads.

There was no Question in the case touch
ing the liability of the railroads OF Tennes-
see to lien in favor of the holders of bonds
issued by the State in aid OF the railroads,
and the decision of the court does not allude
to any such question. 1t was decided by
Judge Trigg several years ago, and after
ward by Judge Whitney, at Nashville, and
by Judge Hammond, at Memphis, that the
bondholders had no lien upon the railroads,
and there is nothing in the decision of the
Supreme Court to day to affect these dsci-
sions in the least
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Ktckfrom the Railroads,

CHICAGO, February 1.-THE railroads ter
minatiug in Chicago have made a strong
protest against the recent action of the Hill
nois railroad and warehouse commissioners
in abolishing the terminal charges of two
cents per hundred pounds on grain received
here, and say that they will fight the provi-
sion, as it would, if enforced, compel them
to give up the grain trade, since their tracks
would be covered with grain-laden cars
brought here to be sold by sample.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE extension Of American railroads
into the interior of Mexico is awakening at
tention to the importance OF encouraging
trade between the two countries to their mu-
tnal advantage, and the necessity Of a recip-
rocal trade treaty with that government is
becoming evident The monopolists will OPP
pose such an arrangement, but the interests
OF the country, not the building up of the
fortunes Of mouopolists, nut be the prime
confederation
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
GERMANY.


BERLIN, February 1.-THE first sitting o
the committee on the bill to amend tn:
ecclesiastical laws was held to-day. Won
Gossler, minister OF ecclesiastical affairs
stated that Won Schloezsr, now at Rome, ne
gotiating with the Vatican respecting the
present bill, had been furnished with ex-
tensive powers. The government, Won Goss
Ter said, desires a revision of the May laws
but insists that the discretionary power:
vested in it shall remain as basis for legis.
lstion on the subject
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE protectionists want Congress to enable
American sea steamers to secure profits by
paying them subsidies to make up for the
losses incurred by the protectionIst laws that
render it impossible for them to make profits
in a regular business way. This is no less
than return to the old system of putting
stone in one bag to balance the corn that is
carried to mill in the other.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE Canadian parliament has opened its
annual session at Ottawa. The senate ha
eighty members and the house two hundred
and six. A fourth of the members are French
and that language il often used in debate.
Resolutions and bills are drawn up in both
languages. In Lower Canada, even in Que
&C, maBy of the people know no other Ian
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

In the New York Head OF Tuesday the
following paragraphs appear under the head
ct 'Persoral Intelligence" Striped bass are
the best fish in market" 1.-The leading
braiI6s of canned peas are unusually good
this year. "Owners of oyster restaurants
find great difficulty IN procuring cabbages
for cold slaw." "Mr. Fritz Emnet's new st.
Bernard feels that he is bigger dog than
Mr.. Joe JeGerson's new spaniel" Bass,
peas, dogs, oysters and cabbages are all of
them persons who, like women, are not per
10 vote
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Jus,ice Freeman

here delivered an elaborate argument OF his
views, aud upon which he based his conc,u-
sions in regard to this point Of the coupon
feature being unconstitutional. He said {:
81 can never consent that legislature shall
destroy that power that gives vitality to the
institutions of a free government. The con-
tract gives the compulsory power over the
legislature. The officers OF the State must
go unpaid, the government cannot be carried
on until the coupons are paid. We think it
is with the option of the people as to whether
they should be thus bound, which they have
not done in this case. do not agree with
nv colleague on the bribery question, as
think there is no constitutional intImation,
either expressedhor implied, preventing them
from investigating the motives VI the legis-
iaio- in regard to laws making contract;
Bat az to general legislation DO not think
the courts can iuquire"
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

ExrosUREs are making about refined
lard" that will materially Increase the use of
cotton-seed oil in Its stead. Cincinnati
lard dealer has recently acknowledged that
refined lard IL a combination Of ordinary
lard, hog-grease AMI common tallow. The
hog-grease composes the main bulk OF it, and
this is made by tanking under steam pres
sure the heads, feet and other grease
containing refuse Of the slaughterhouse. The
tallow is added TO the hog-grease to give the
compound a certain required lard like stiff
ness, while the ordinary lard is put in TO
give it lsrd-like smell.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
MEMPHIS, TEN SUNDAY. FEBRUARY

ton is violative OF the constitution, and il
within their constitutional power cannot ne
questioned By the courts, upon The sliegs-
tons Of bribery or fraud. He hold that the
legislature has the power 70 pas the funding
act, and that the chancellor decree dismiss
ing the injunction should be affirmed This
opinion il concurred in by Special Justice
Euin
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE House Naval Committee will report
against patching up our present navy, and in
favor Of selling the worthless vessels and
stores and having a pew navy worthy of tn ?
country and able to protect its interests. The
nav vessels are to be OF iron and steel
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

The New York Times deserves commenda-
ton and more-imitation. On Tuesday is
editorial began: Senator Ingalls, made a
long speech" 1t did not say lengthy. Per
haps il did not feel s;reBgthy enough to do so.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE New York Times says that such was
the state of many of the railroads from the
weather Of Monday that the travellers by
them took "their lives in their left hand and
their ticket in their right"
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

THE Burrows bill for the suppression of
polygamy, which was passed by the House
Monday, provides ,hat delegates hs reafter to
BE- elected in Utah shall not be less than
twenty-five years old, must have resided in
the United States seven year,, and must be
free from the gnilt of bigamy and pol ygamy
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12

SPEAKING of the English parliament the
New York Times says: at is the habit Of
the Irish member to dash his head against
the stone wall with reckless disregard of the
fate of his brains"
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-12
Ptsno-Ca.e Fae,orx Burnea.

New YORK, February 1.-The piano-case
factory OF c. F. Dielman & Co., on West
Twenty first street, burned tonight, with its
contents. Loss on,stock estimated at $780,
600, on building $4,000. The insurance will
not exceed $4,000. Daniel Stradenger, a
fireman, was fatally injured by falling walls.