davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01
p. J. NEvIN
V. AND ADV,
W. I'll. BAILEY, ET AL.

P. J. NEvIN
V. AND ADV,
W. I'll. BAILEY, EFT AL.
From the Circuit Court of Lincoln
county. A. G.. Mayors, Judge (by in
terchange).
Tar title. Constitutionality Of three
years limitation under section 1909, Code
Of 1871.
COOPER, j.:
Nevin sued Bailey for the possession
of certain land, claimed by the former
under purchase from the U. ). Gov
ernment, and by the latter under tax
collectors deeds of 1871 and 1872.
These deeds are attacked by Nevin on
the ground that the sales were irregular.
By section 1909, Code of 1871, it was
| declared that mo suit shall be COM
menced in any court of this State to ln-
validate any tax titles to lands, after
| three years from the time SAID land was
sold for taxes" The defendant Bailey
| claims the locus IN quo under tax sales
made after the adoption of the Code;
and more than three years elapsed be-
| tween the sale and the institution OF
this suit.
| Grave doubts have been suggested in
regard to the constitutionality of legis
lation similar to the statute quoted.
Whether it is strictly statute of limi
tations or not, its effect is to cure all
| defects in the execution of duties and
powers connected with the assessment
and sale of property, which are imposed
or conferred by the Legislature, and moi
| by the Constitution. Where, as in this
case, it is objected that the sale wa
made on the wrong day, the statute il
to be read as authorizing the sale to be
made Oh the day named by law, or on
that on which it was made; to the
objection that the roll was received and
examined by the board of SUPERVISOR
at an adjourned meeting, it replies by
authorizing, in advance, that meeting
to be held for the purpose on that day
1t existed as part of the revenue laws
of the State, and its declaration was al
admonition to those owning propert,
subject to taxation, and an assurance tt
purchasers at ta sales that after a Ger
tain time the requirements imposed by
the Legislature should read as directory
and not mandatory laws, and that M
failure to conform thereto should inval
idate the title acquired. Within thi
limit, the constitutionality of the &C
seems undoubted. and within this limi
fall all the objections raised to the It'll
of the defendant. Affirmed as to dPpeo
cross-appeat Of Bailey.
Calhoon & Green, for appellant.
E r. H. Thompson, for cross-appellants
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01
SUPREME COURT CASES.
Reported for The Clarion, by n. II. Parker,
Attornsy-sf-Ls~, Jackson. Miss
October Term-ISS4.
TAsLER, CRupuP & Co, ET AL. j

T. A. MITCHELL.
From the Circuit Court of Hancock
county. S. H. Terrai, Judge.
Attachment Form Of publication as to
nonresident defendants.
COOPER, J.:
against Tabler, Crudup & Co., on a
debt for timber sold to them. He sum-
moned the n. o. & n. E. r. r. Co., as
garnis zee. The members of the firm
were non-residents, and publication was
made. The notice gave the names of
the partners correctly, but stated that
they were engaged in business as Cru
dup < Co. At the return term, judg-
ments by default were rendered against
the defendants and the garnishee for the
amount of the claim, and an appeal was
subsequently taken by both. No error
is asst igned by the n o. & n. f. r. r.
Co.
The objection that the publication
described the firm as "Crudup & Co.,
instead of "Tabler, Crudup & Co." can
not prevail. The suit is against the
partners, and their names and addresses
were correctly stated. This was suf
ficient to notify them of the pendency
of the suit, and to bind the property
attached. The averment in the declara-
tion that the defendants were indebted
under contract made by them as part
ners was but the equivalent of ayerring
that the obligation was joint and sew
eral, and by their default in traversing
the allegation, they admitted its truth
for all the purposes of this suit.
The defendants cannot complain OF
any error which exists, if there be any,
IN the judgment against the garnishee,
who does not complain. Code, section
l440.
The judgment against the defendants,
though personal in form, viii not sup
port au execution against their general
estate. Code, section 2467. Affrnaed.
B. L. Posey & E. V. Bowers, for ap-
pellants.
L. 5. Ford for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01
I. .. Ford Tor appellee
5. H. BUCKINGHAM
T. G.. ELLIOTT.


From the Circuit Court of Monroe
county. J. w. Buchanan, Judge.
Nuisance. We'll injured BY roots Of
neighbor's tree.
CAMPBELL, G. j.:
Buckingham and Elliott own and oc-
cupy contiguous lots in Aberdeen. On
Eiliotts lot are two white mulberry
trees, and on Buckingham lot is we'll.
The roots of the trees. beneath the sur
face, crossed the dividing line between
the two lots, and invaded the well, rem
dering its water unfit for domestic pur-
poses. The owner of the well requested
the owner of the trees to cut them down,
which he refused to do. Thereupon the
former Instituted suit for damages. By
consent, the case was tried by the court
below, without jury; and this appeal
was taken from judgment dismissing
the suit.
We are not able to draw a distinction
between the roots of tree which extend
into neighbor's land, and overhanging
branches. All the authorities hold that
if the branches of noxious tree extend
over the land of another, and do injury,
the owner of the tree may be held re-
sponsible for the damage done.
Wherever ones rights are invaded, he
must have an action for redress, and the
insigniicance of the injury goes to the
extent of the recovery and not to the
right of action. Henry y. Shepherd, 81
Miss. Code sections 2370 and 1876, arc
designed to afford protection against
malicious and trivial actions.
The person intruded upon by branches
may cut them off. 1t must be true that
one may cut off invading roots, or re
cover the damages sustained from them
The right of action seems clear, but in
determining how much the person in
jured shall recover, it may be proper tc
consider the means which are in his
hands for protection against the injury
The owner of the trees is not required
to destroy them, but only to prevent
them from encroaching injuriously upor
others. Reversed and reDsdnded.
Geo. G. Paine, for appellant.
Sykes & Bristow, for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01

The wealth of Mammon is locked up
N n burglar proof vaults; the wealth OF
uod is stored in the hearts Of man. The
lock combination to open the first is
only known to him who set it, but the
sIomoination that opens the latter is
xnoNn to every Christian.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01

He is the greatest artist, then,
Whether Of pencil or Of pen,
Who follows nature. Never man
As artist or as artisan.
Pursuing his own fantasies,
Can touch the human heart, or phase
Or satisfy our noble needs
-Longfellow.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01

Words Of praise were all TO seek
Face Of you and form Of you,
Did they find the praise no weak
When my lips just touched your cheek
Touch which let my soul come through
-Browuing.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01

If thou wouldst attain to thy highest,
90 look upon q flower; what that does
sWillessly, that do thou Willingly. Schil-
ler.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-01
Temperance Column.

CosyDUcTDD BY D. W EEDEBERG, ShubJrts,
Miss, 10 whom all contributions for this Depart
uaent should be addressed.
National Republican., 1885-04-04
UNDERTAKERS.
Protect Yourself Against Pneumonia

The type Of pneumonia now prevailing IL ter
ribly fatal The Health Statistics covering New
York, New England, and the country generally
are startling and alarming Physicians are per-
picked and frightened, and cannot agree how TO
treat It. The disease spares no one, but is espe-
cially fatal to children and to middle-aged and
elderly persons Of both sexes The wealthy are,
II possible, stricken down more often than the
poor. The death roll OF prominent men for tn o
last few weeks is fearful. No doubt the cpl
demic Ia largely due TO the except onally severe
winter lust past. Had tho same death rate ro'
suited from cholera, however. there would have
been q panic,
We are now entering upon the most dangerous
period ofth0 whole year for colds. The weather
will be shiny and Changeable for six weeks TO
come. Even with the utmost care you will be
daily exposed TO the chill which precedes pneu
monia. once attacked the progress Of the NAL
ady IL rapld-usualy TO u fatal termination in
thrce or four days. II Is not at all liketho pnou
monla Of ten or twenty years ago.
Safety lles In prevention. DO not wait for the
attack, hut guard your lungs while you are yet
well. DO this by wearing Benson's CapcinC
PlRsters constantly, changing when necessary.
Place plaster on the back between the shoul-
ders, and another on the chest For children,
cut the plaster TO suit their ages
Benson's Plasters 80 worn act as q shield does
against arrows. Do not gvo the dread disease a
chance to histen upon you, or upon any of your
family. With ordinary caution In other respects
Benson's Plasters viii protect you.
Get Benson's Plasters only Risk no others
! on the genuine II the THEE RED Seals trade
mark, Insist upon seeing II II you doubt III
J dealer.
National Republican., 1885-04-04
rAsrEn suNpAY MUSIC.
Features OF the observanoes ut the
Various Churches.

Easter music is in course Of rehearsal at
all tho churches that celebrate the festi-
val, and to-morrow's services promise to
bo Of unusual interest. At st. Aloysius
Haydn's Fourth Mass will be sung at the
II o'clock service by tho quartette and
chorus. with orchestral accompaniment
The "Neni Creator" arranged from Rubn-
stoin, will be rendered by the quar- tte
At the o'clock service LegaPs vespor
service GENERALS "Maguiicat." and Ros.
sini's "Tantum Ergo" will DO sung. Mr.
Bcrnays will play two violin obligato ac-
compartments.
At st. Marks p. L. Church matin will
be given at IL o'clock n. IN. A sur pliced
choir Of men aud boys will render the
music, accompanied by organ and cornet,
Mr.. A. f.. Baker, cornetist. The music
includes Jubilato, Dupuis (chant), Gloria
Tibi, and Laus Tibi al the morning SER
vice. Evening song will be held Mt 4;30
o'clock in tho afternoon.
The Luther Place Memorial Church
will hold Easter services at IL a. m., for
which well selected musical programme
has been prepared. After the service the
sacrament Of the Lords supper will be
celebrated.
st. Andrews Church will celebrate the
lobtlNhl nv IL CiOCk u Ins MIS- III
Woodmau will sing "Christ is Risen To-
day." by BischofE Miss Matte II. Gray
will also sing at the morning service.
At Waugh Chapel the principal Easter
service will be at 1880 o'clock p. m, for
which occasion an elaborate musical and
literary programme by the Sunday school
has been arranged.
Tho music prepared by tho choir Of the
Church of Onr Father win be exception
ally fine. Nine. Kaspar, Mrs, True,
Messrs Knoop and Kaiser will form the
quartette. Mrs. Kaspar will sing u
Know that My Redeemor Livoth."
Trinity p. T.. will hold services at IL
o'clock a. m. and 1880 p. IN. Tho princi-
pal service will be in the morning, when
an elaborate musical programme will be
rendered. In the evening confirmation
service by Bishop Paret will bc hold.
The Church of tho Epiphany will hold
Easter service at IL o'clock q. IN. The
music will be under the leadership of
Prof Upton.
Solemn high mass will DO celebrated at
st. Augustino's Church with appropriate
music. A well-sclected musical pro-
gramme has boon prepared for tho Church
Of the Epiphany at IL o'clock a. m.
Masses will be celebrated at the Church
Of the immaculate Conception at 4, o, and
1890 o'clock a. IN. Haydn's mass No. 4
will be sung.
BY reason OF tho calamity which has so
recently befallen Sc. Dominic's Church,
the usual ceremony consequent upon the
celebration OF Easter will be abandoned
and tho services will be of the simplest
order.
National Republican., 1885-04-04

The following subscriptions have beon
received to the reconstruction fund Of st.
Dominic's Church Denis Tourney, Of G.
street, $50; DR.. James Il. Morgan. $50;
Mrs George Juenemann, Samuel Nor
ment. John Leonard, Daniel Tourney,
William f. Downey, $25 each; Eugene
Sweeny, Charles II. Ross & Co., of Balti-
more, through p. b, Dunn, Mrs. Ran
dolph, Robert B. Randolph, cash, John +.
Ellis, Hannah O'Leary, $40 each; John A.
Bullock, So; friend, S. T. Thomas, Jas.
Butler, Fred Shafer, George =. Smith, L.
A. T. Judd, George NJ. Oyster q Co.,
George w. Moss, Henry l.. Hoguet j. j.
Appich, Patrick Sullivan, Thos. j. Myers,
Lyon, Hall s. Co., Hazen & Co., Claren-
don Smith, Joseph Redfern. Redmond
Walsh. Denis Ready, Daniel Ready, Mrs.
Alice Moran, cash, Thomas Flynn, Mrs.
Hurley, John NJ. Buckley, Mrs. Jeremiah
Quinn, Mrs. James White, Mrs. Margaret
Walsh, Mrs. Josie Annadale, Officer Yer
non, Miss Kate Mcclure, Mollie Quinn
Patrick Corrigan, Mrs. Kent, Joseph L
Lee Mr.. Quigley, oil First street. s. each
Robert NJ. Miller, ten loads of best rive
sand, and J. William Lee, a grand cata
fslque. There will be general meeting
tomorrow, at p. m, in the basement o
the old church.
National Republican., 1885-04-04
Nationals vs.. Brooklyns to-day, 4 p. M.


SarniFhl anu Irhues' Dibpiny.
The third annual carnival and trades
display will take place in Frederick on
Easter Monday, April 8, and from present
indications promises to excel the others
both in magnitude and beauty. There
will be over 1000 masked men in line,
comprising first division. Second di-
vision will be military from three states;
also, ten companies OF fremen, with sew
eral organizations Of G. A. K. The third
division will be the trades display, which,
II is said by those having it in charge,
will exceed in numbers and variety the
handsome display last year, Tho fes-
tivities will close with grand masque
ball at the Opera Hall at night.
The Baltimore and Ohio will issue
round trip tickets from Washington and
intermediate stations at one fare for the
round trip. Tickets good for two days
and good to return on all trains that
make the stops. In addition, n special
train will leave Baltimore and Ohio depot
on Monday April O, at . u, m, arriving
at Frederick at 1925 a. IN. Returning,
leave Frederick at SEQ p. IN.
National Republican., 1885-04-04
Gagus and Fulmer, Nationals battery.
AProsnerons Compnnr.

The statement made in the advertise
ment in the Mutual Life Association that
there were no death assessments during
1884 is flattering statement to the
health Of the city, and large reserve fund
of the association, in view of the fact of
tho great number of persons who hold poll
cies in that association. Policies are guar
anteed for full face value, secured by ample
fund invested In United States bonds,
and liberal terms are made to those now
insured who desire to be transferred into
this company. This association is con-
Quoted by some of the best known busi-
ness men in the city, and is conducted
on fair and liberal basis.
National Republican., 1885-04-04
MUNICIPAL MATTERS.


Buildings-streets 80 be Improved.
1t is iilscly that next week tho commits.
sionors will advertise for proposals for the
now street improvements. The appro-
priations for this work are quite small,
but it Is intended to mako every dollar
do its duty. Some of the streets III the
central part Of the city now paved with
cobble stones will be ropnvcd with as
phalt. These arc Four-and-a-half street
from Louisiana avenue to g street; g
street from Four-and-a-half to Seventh
street. and Sixth street from Louisiana
avenue to Missouri avenue. The work Of
repairs of asphalt pavements Is now
nearly completed.
Minor Lindsay and Conrad STERN agile
have been appointed additional privates
Oh tho police force, the former for duty
at tho Baltimore and Potomac railroad
freight yard and the lattor at Jeunv-
manns garden.
j. II. Bernard has been released from
tho workhouso by the commissioners at
tho request of tho chancellor Of the
French legation.
A reply has been sent Thomas 8. Hop
kins, 736 Eighth street, that tho owner
of the filthy lot complained of on the
east side of Ninth street, between q and
IL streets, Will be notified to have IL
cleaned, and tho police will be ordered to
pay such attention to the place as to pre-
ent further deposits being put there.
:. X. Bond has complained that the
sewer overtlows or backs up into the cell
lars of houses 2002 to 2O14 Eleventh street;
also that there is an alley in rear OF the
houses on proper grade, but that the ad-
joining lots are being filed up above the
Rrado.
Mr. John f. Sherry has complained Of
the irregular lighting of tte gas lamps on
Il stroot northeast, from North Capitol to
about Fourth or Fifth streets.
A liquor license was yesterday granted
w. f. Adams, 60l Maryland avenue.
A largo number Of commercial agents
yesterday took out their licenses.
National Republican., 1885-04-04

Stock speculation is tho theme Of the
advertisement Of 7. Brigham Bishop Il
Co., bankers and brokers, 1881 + street.
Their advertisement fills a half page of
The REPUBLICAN to-day and contains
this advice: "rhe only mistake possible
to make in stock speculation Is an error
in judgment" Stated in another way,
you will either win or lose. lfyou win
you are happy If you lose you feel like
the fellow who stubbed his too. Ho was
too big to cry and didn't know what else
to do" We advise our readers TO read
the advertisement. They can then pay
their money and take their choice.
National Republican., 1885-04-04
Another E,hihitlon OF Tine billiards.

The finest exhibition of billiard OK
ports Washington has ever seen is closed.
hr. Jake Schsefer left the city last even
ing on the 1916 train, but devoted his
last hours to entertaining two hundred
interested observers in Holtzman's par
lors. His wonderful playing OF the even
ing previous with Mr.. Maurice DAILY was
placed far in the shade. Mr.. Hotsling,
captain of the Brooklyn ball team,
also gave evidence Of his claim to reoog.
milton as billiard expert. His many
SO scaled fancy shots called forth the
plsudits Of the audience, and he was com.
pelled to repeat several OF them.
National Republican., 1885-04-04
Available Assets at the Treasury.

A statement prepared at the Treasury
Department. based on the latest returns,
shows the excess Of available assets over
the demand liabilities of the government
to bo Sl6,4lS,092. According to this
the net liabilities $1s9,0i5.572 This
statement is prepared under the new
form, from which tho fractional silver
coin is omitted as an asset and the
$l00,000,000 reserve is treated as q
Iiohility
National Republican., 1885-04-04

VIM. H. Harris, colored, was on trial in
the police court yesterday, charged with
felonious assault on his step daughter
Mary Jackson, II years of age. Harris 10
about so years old. has young wife, aud
lives at 220S Virginia avenue. The Of
fense was said to havo been committed
on March 81. The case was sent to tho
grand jury. In default of $1,000 bonds
Harris was committed to jail.
National Republican., 1885-04-04

A statement of tho funded debt Of the
District of Columbia just issued by the
United States treasurer, who is OK oficio
commissioner Of the sinking fund of the
District, shows the following result
Total debt, S2l, ,2703j0; amount of debt
retired since July |, 1873, $l,6ll, ,050i con-
sequent reduction in annual interest
charge, $96,336; issue of District 3.65s
(limited by law to $15, ,000,000), 4,557000.
National Republican., 1885-04-04
The Tokay wines of North Carolina

The testimonials from connoisseurs re-
garding the Tokay wines raised near
Fayetteville, N. c., printed in another
column, are very satisfactory. They show
better than even the best ones imported,
while tho prices are SO reasonable as Ia
place the consumption of these healthful
and innocent wines within the reach OF
all. Mr.. John II. Magruder is tho sole
agent and keeps a fine stock Of oil the
varieties raised in the vineyard.
National Republican., 1885-04-04
The Roy shooting Case

George Courtney, the youth who shot
Walter Gardner Thursday, was yesterday
charged in the police court with assault
and battery with intent to kill, The
case was continued indefinitely; bonds,
$500.
National Republican., 1885-04-04
Good FrltlnY Observed.

Appropriate services were held at all
tho Episcopal, Catholic Methodist, and
Lutheran Churches yesterday, supple
mented in some cases by the admins
tration of the communion. The attend
ance was unusually large.
National Republican., 1885-04-04

WE are ready TO show you the most elaborate
and complete assortment of spring clothing In
the city. EiSeman BIos,, Seventh and L,
National Republican., 1885-04-04
Held for Feion,ous Assault.

| " you want Employment try the "Wanp
| columns of THE REPUBLICAN, Three lines
| three times for 70 cents.
National Republican., 1885-04-04

oPIATEs and poisons may soothe, but they
also derange the system and often kill. There
fore use only Red Star Cough Cure, which il
purely vegetable, prompt and safe,
National Republican., 1885-04-04
WASHINGTONS OLD REGIME
RELICS OF FORMER DAYS DEVELOPED ny
DEMOCRATIC RESTORATION.

The Lsnthall Home for Widows and who Are
sheltered Within Its walls-Nrs. James X.
Polk the Queen OF the Palmy Days when
Editor Rltehio Welded His Trenchaut Pen,
National Republican., 1885-04-04
DIED.

QUEEN TERPsICHoRE will reign with abso-
Lutte power at the Eks' Ball next Monday.
National Republican., 1885-04-04
Aid for Sc. Don,in.eis.

TICKETS for the Elks Promenade Concert
be had of members and at Brcntano's.
National Republican., 1885-04-04
French Millinery its Grace and Chic.

In PARAsoLS this season the styles are SO
loud that the best Judgment should be displayed
to keep within the bounds OF good taste Wehave
only selected such as are commendablo for their
novelty. color, and styles, and have ignored all
such styles MS are not In good form.
Our LACES, as all who have seen them &C.
knowledge, are selected for their
National Republican., 1885-04-04
A Thing of Beauty.

Millinery is an art requiring the most excel
lent good taste to make Bonnet or Hat
The Palatka daily news. (Palatka, Fla.) 1884-1888, 1885-08-23
The Way to Get Well.

a Boston gentleman who has had the
pneumonia nine different times rises to
explain, in one of our contemporaries,
that he isn't dead yet, and doesn't pro
pose to be. He has discovered, he SAYS.
that pneumonia can he successfully bat
led even without having physician
instantly on the SPOT, though it is wise
TO call one in rs soon as possible. Surely
he ought to know.
The experience of this gentleman
seems to show that the mind of
the patient has much to do with
others. During his attacks he has
always gone to work with determine
ton to get we'll. Instead of surrender
ing at discretion, he has put his foot
down firmly and said TO the disease,
80, YOU don't. life insurance com
panicS r. ectcd him. doctors gave him
=, +. s-sst4>, ago, bat he has in every one of
his nine attacks mae up his mind that
he would get We'll, whether or no, and
he did
His case certainly offers very strong
evidence that the mind is WondrOuS
phySician
The Palatka daily news. (Palatka, Fla.) 1884-1888, 1885-08-23

-
Mr. hubbard, a bay fisherman,
says that late in the spring You will
often see u school of about fifty small
catfish. rot more than quarter Of an
inch in length, very near the shore, and
Il YOU look ten or twelve feet further
out You will see the mother cat. If a
noise is made she will make a sign that
the little eats understand as Well as
chickens do the cluck of an old hen
when a hawk is in the neighbOrhood,
and Will run into the open mouth of the
old catfish, WHO will then turn and
swim OF in safety with her young Mr..
Thomas Davis, of this city, some time ago
told us thai he had noticed this care of
a mother catfish for her young. He
said that he has often seen the young
fish swimming about in the shallow
water, while the old sh would not he
far off. If danger threatened. the, old
"catty" would%fuFh M among her
young, and by vigorous motion of her
fins stir up the mud until the water 81
came diSctiored and the young fish
could no longer lc seen. When the
water would become clear again neither
old nor young fish would be visible