davidaulloa/AmericanStories huggingface dataset:
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

40 person shall be held to answer for a
capital, or Otherwise infamous crime, un-
less on q pTesentment or indictment OF q
q and jury, except in cases arising in the
land or naval forces, or in the militia,
when in actual service IN time OF war and
public danger. Article V, Constitution
US.
THE state o, Nebraska has abolished
the grand jury system and now 1t remains
to be seen whether it has transcribed its
legitimate legislative powers In doing so
or not. There does not seem 10 be any
discretionary powers in the premises left
to the state governments. This prov,s-
ion of the federal constitution Ia explicit.
IL has been recognized and observed by
every state ami territory in the union for
nearly . century. 1t seems to bs % sb-
svluts - the right of trial BY jury which
also IL guaranteed by the same constltu-
ton, and If state has the power to ab5l-
ish the grand jury 1t would seem to have
20 yer to abolish the trial jury - we'll.
TIE constitution Of the United States
vas formed and adopted while the hard
ships and expressions OF England. for
which the revolutionary war had just
been fought, were still fresh in the minds
of the people, aud it was the desl IN OF
the trainers Of the constitution to sacred
| " guard the personal rights aud liberties
Of the people Of the new government and
the grand jury was one Of these safe.
guards. This point Of state sovereignty
will probably be tested 0y habeas corpu!
IN The first instance OF conviction and al
tempted punishment without indictment
by grand jury.
A great deal has been ssid against tn
exparte and inquisitor'al grand jury sys
tenn, aud especially against the average
panel that compose it, but nearly all thes
arguments you'd apply with equal fore
against the petit Jury system. The mis-
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02


THERE is considerable dissatisfaction
among the farmers Of south and central
Dakota over the adjustment of their loss-
es caused by recent hail storms. IL did
not seem to occur to the farmers, until
they suffered actual loss, that there IS no
standard by which the actual losa to a
growing crop from hail can be ascertain
cd. tits altogether matter Of estimate
or guess. There IS no market value for
growing crops upon which t. base cal
cIlat,on. Farmers recognize the fact
that no crop IS safe in any country until
It is in tho garner. There are many con-
tingencles which menace crop and hail
is only one of them. The adjustment of
such damage must necessarily be CON-
promise o. opinion between the insured
and the insurance company. From the
UNCONSCIOUS influer ce of self interest the
one will overestlmate and the other un-
derestimate the damage, and there is no
standard of exact justice BY which the
impartial judge may decide the question.
The extent of the damage IS subject to
the notifications of all contingencies,
and the stage Of growth and recuperative
powers of the plant. The total dcstrucs
tion of crop that promises thirty bush"
els to the acre Is not real damage TO the
owner to the market price of the crop for
September, or what wheat buyers are
now willing to contract wheat at that
date because there are other contingeu-
cies that may befall and totally destroy
it. In case Of partial destruction by hail
there Is no way Of ascertaing tho ?ropor-
t'oaate damage. These questions should
be settled as far as possible by the terms
OF the policy and the balance, in case Of
misfortune, by reasonable compromise on
the part of both the insured and the in.
Surcr.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

In closing his miniaterial career OF
nearly half century, and setting his
house In order for laying down his life
which has past its three score and ten
years, point and age reached hy COM
para,iyely few, Rev. Henry Ward Beech
or ,s divesting theology Of some Of ITS un-
reasonable vagarles and supe: stitions.
One Of these is the ordinance Of baptism,
which he terms IAN innocent delnsi0n"
when considered - regenerstlng force.
or washing away Of sin inherited trom
Adam. He says there u no such thing u
Adams sin in On infant. Nevertheless,
hs saws he would bsptize child at the
poins uf death II the parents thought II
would te safer bv It. not that he thought
il would make the slightess diaereuct
with the ch,ld, but because 1t would com
fort the parents.
The venerable preacher says the same
IL true of adult baptism, though he al
m,ts that il when an adult receives hap
t,sm he may have associated with it suci
4 notion Of the heg'nning OF new l'f'
th al il will stimulate his own force o
moral energy 10 greater effort, il may d
him good.
There are perhaps msay reremonle
in church worship and formal identtfica
ton with the church as members that ar
superstitions with the less intelligeu
membera, but with others the same TO rm
aud ceremonies are symbols which i'm
press impovtapt sR0 IN tFnctiye .piritua
lessons. Looking npop ,be aAMlpistrl
tinn OF baptism IN any Of ats forms fror
q purely intellectual AMI PHILOSOPHERS
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02
\ BLAcKEYE FOR SPARKS.

That arbitrary and self assuming Dig
nitsry styled the commissioner Of the gen
eral land Office, whose surname is Sparks
has received blackeye from Judg'
Oeady of the federal court in Oregon
The case was one arising under the pre-
emption laws in which the commissions
of the general land Office at Washington
some years ago ordered the cancellation
OF the entry after final proof had been
made and the money paid, as commits
sioner Sparks has assumed power TO do
The court held that certificate Of
purchase entered in due form, in favor OF
pre-emptor, for land subject to entry
under the prc-emptlon law, cannot be
cancelled or set aside by the land depart
ment for alleged fraud in obtaining 1t
but in such case the government mus,
seek redress in the courts, where the mat
ter may be hea,d and determined accord.
ing to the law applicable to the rights OF
individuals in like circumstances and.
second, that . purchaser in good faith,
and for valuable cons liberation, from q
pre-emptor OF the land included in the
latter's certificate Of purchase takes the
same purged Of fraud which might have
been comm itted in obtaining said certifi-
cate"
The court fu. ther says in the decision :
"Whcna certificate of purchase has been
issued TO pre-enptor, and no appeal has
been taken from the decision or action of
the register and receiver, the land des-
cribed in the certificate becomes the prop
erty of the prc-emptor. lie has the equi-
table title thereto, and has right to the
legal one as soon as the patent can issue
in the due course OF proceeding; and he
can dispose Of The same and pass his in
terest therein the same as If the purchase
had been made by private person.
In support of this position the court
quotes from the United States supreme
court decision in which Justice Mclean,
in delivering the opinion of the court,
said: "When the land was purchase d
and paid for, 1t was no longer the prop
erty OF the United states, but of the pur.
chaser. lie h. Id it for a final certificate,
which could no more be cancelled by the
United States than patent" The Ore
gon court held that "a certificate of pur-
chase issued in due form, 10 favor OF
pre- emp'or for land subject to entry un
der the pre- emption law cannot oc can
celled or set aside by the land depart
ment for alleged fraud in obtaining it,"
And it was further held that "the right
Of a party holding certificate of pur-
chase OF public land and that of his
grantee Is right IN and TO property Of
which neither Of them can or ought 10 be
deprived without due process Of law"
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02


TIE south Dakota papers that favor
the constitutional convention are just
now el gagged in the rather large contract
Of whipping in the kickers. The news
papers that champion the constitutional
convention for the material it will furn-
ish for discussson. and those men who
are ambitious to he delegates for the
emoluments, $3.50 per day and mileage,
are abont the only ones that are taking
much interest in the matter. The 3oth
alt. was the1day appointed ny the act OF
The legislature for the election Of dele
gates II the several counties. and 1t u
pEobehls that the sntscssted parties y
seosed ahovs sucoesdsd IN druAning u
sooagh 70 fosa elscssoa polls and run II
tAoUlaao candjdaln fee eoavoatioa dele
gsses. There % 10 doubt he coaventiol
win b hsld, and held long saoueh 10 az
Aoass tAs >20,0o0 bait in the territoria
Treasury. Thus fer the ccnvention WI
b . fraud upon the people's treasury
heyoad this il Will be ndicuious farce.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

1T 10 nearly always the unexpected that
happens, and perhaps no finite mind can
anticipate what the next ruling Of
United States Land Commissioner Sparks
will be- II be has 4 gIudge against the
new countries Of the west he il making
sure and thorough work of sstia'ing ven
geance IN alopaahic doses tie may next
declare the public iAud laws nncoastit"-
tiousl. The best service he could ito his
country would he TO resign. II he would
agree 10 die within the next six months
On condition the territories Of the west
and northwest would build HIM monu.
ment, Dakota herself would guarantee
one as large as The colossal pyramid on
the PLAIN of Glzeb, which ought 10 satisfy
ihe ambition OF any ordinary American
citizen clothed with the little brief az
.hori,y Of federal appointment. OF coarse
the people Of Dakota do not wish Com
missioner Sparks to die, but it in the
prov idence of God he should he removed
they would with one voice say !" the
most submissive spirit: "The Lord gave
and the Lord taketh away
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

standpoint it appears ridiculous. From
an ignorant and superstitlous standpoint
II appears to be the gateway to heaven
and an essential requisite to salvation.
From the standpoint Of intelligent spirit
ual life aud thought it is sublime sym
Dol sealing formal covenant with God
in new life. The one who receives it
as from tic first named standpoint makes
it mockery. The one who receives It
as from the second standpoint is laboring
under delnsion, but he or she who re-
ceives it from The third standpoint re.
ceivcs spiritual inspiration and henett
from It. There are ceremonies and for
malltics IN every society, organization
and association IN which there is system,
and It does not dctract from the church
that they are found IN it, There are forms
and ceremonies which all observe in the
burial Of the dead that are as absurd az
any OF the forms and ceremonies in the
churches, when viewed from an intel
lcctual standpoint. What is the good OF
all this, IS a question that may he asked
but cannot be answered Of thousand
formalitles and ceremonies OF every con.
dillon of society and life.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

TEXAS repudiates the new translation
On the ground that taking hell out Of the
Kings English IS equivalent to taking
Texas out of existence. The two terms
have for long time been regarded as s..
nonymons We believe il was old sena-
tor Ben. w ade, of Ohio, who first made
Distinction. and he did it by asserting
that If he "owncd he'll and Texas he
would as choice rent out the latter and
make his home residence IN the first
named place." The name Texas as. q
synonym for hell perhaps is too harsh ex-
cept while that vast territory was under
the dominion of Mexico. But since Its
divorce from the Mexican government
and annexation to the United States it is
entitled to the mllder term-purgatOry.
However, Texas ia progressing apace
with theology anl It is a singular CO.
incidence that theoIogians did not ex-
pnuge hell from the bible until Texas had
undergone much improvement in moral
development and social elevation.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02
Late La nd OGIee Deeis.s.s.

The law gives q homestead for the pnr-
pose Of home, not for the purpose Of
enabling an entsymsn to acquire title
without reference TO ITS uses; the prlnci.
pie being that the homestead is not mere
Iy the temporary residence of the head of
the family, but the permanent residence
of all.-Commissioner Sparks, June 4,
1884,
Occasional visits and staying few
nights on the land is not evidence Of res
idence. Homestead entries cannot be
maintained by merely functionary acts,
nor by improvements alone. The law
gives q homestead for the purpose Of
home, not for the purpose OF acquiring .
title to the l6O acres of land without llv.
ing on it.-Assistant Commissioner Har-
rlscn, June 8, 1856.
To sustain his settlement pre-emption
claimant must make some substantial i'm
provements on the lsad at tAs aase es
settlement, such - would y 1oeics 70 IN
that he claims the land. A sAaaty lO113
feet, one.haN o. tho Md i 10es su0ele0k
Acting Secretary 1aldssv. Apstl q.
1886.
The removal Of iApsovs0sats alter
final psoof, y psiaa fac,s svidsaes os I'D
faith. Ensries not 0Ade il good 1aleA
are liable TO contest, iavsseigasisa aad
cancellation. Acting Secretary Muhrow.
May 6, 1885.
Atiidavits accompanying homestead
and timber culture entries should state
whether the entryman 10 nsturslized or
native born citizen.
TIC be subject to timber culture entry
the section should be devoid Of timber.
The rule established by fosnee DECISIONS
that to bar an entry the secttea must con.
tain q. least ten acres OF timber OF at
least d1a trees per acre, is held 70 be ont
side the law and not 70 be sustained
Commissioner Sparks, Nay %, 1885.
Frank Beals has charge Of iceasiag
lenoaade, confectionery aad oehef asaads
On the Fourth ef July grounds % who0
al who wish - engage h such busseess
should apply.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02
COMMITTEES.
The F;sal Arrasgeassss ssr - Cese.
hratiea. /.

At meeting Of the committee On en-
tertalnment for the Fourth Of {uly ssle
brstion, OF which Mr. j. t. Winslow
the rustllng chairman. the final prepare
tions for that important feature Of th'
occasion were made and the work o
consummating It with an elegant supps
is now thoroughly under way, and is bs
ing prosecuted with an enthusiasm tha
ensures grand success. The following
J soliciting committees were appointed 10
the respective wards.
First srd-Mrs. d. Curtin, Mrs
itoderlck Rose and Mrs. Andrew Blewitt
Second Ward Mrs. j. J. Flint, hrs
j. r. Yennum, Mrs. r. H. Foley and Misl
NJ. Campbell.
Third Ward-Mrs. NJ. +. Foley and
Mrs. ID. Il. Long.
Fourth Wsrd-Mrs, j. Il. Winslow,
Mrs. VIM. N. Lloyd and Mrs. J. J. ltoper.
This committee will make report At the
armory Wednesday at four O'Clock
1t was decided to serve an elegant sup.
per the evening Of the Fourth At five
o'clock, the tables for which will he ar
ranged before four O'Clock.
The following ladies are appointed TO
preside over the tables a. designated BY
number.
No. l. hesdames Durstine, BLOOD,
Morris, and Dodge Misses Blood, l;ow-
man and Lloyd.
No. 2-Nlesdames Rose, Branch, Cur
tin and Watson. Misses Hicks, Wilbur,
LaFollsttc and Doolittle.
No. 3.-Mesdsmes Foley, Blew.tt, Gies-
elcr and Nickeus. Misses iseII,v0u, Kate
and Mamie Campbell.
No. 4-Mesdames True. Bass, berry,
Vennum and Allen. Misses Lyon, May
and Aggie Calvert.
No. 5-Mcsdamts Miller, Wells, Gott
and Laux. Misses Miller, johnson, Mel
lie and Maggie Thorold.
No. 6-Mesdames Hall, Dickey. Top
lIif and Blossom. Misses Lyon, Barnes
AMI Kinney.
No. 7-Mesdsmes Buck, Mills, Burke
and Vennum. Misses McCourt, Befi8e
and Eva Klaus.
No. s-Mesdames Roper, Mellinger
and Allen. Misses Griffith, Dilla, Mary
and Della Baldwin.
No 9-Mesdsmes Eddy, Hsthorn,
Sbe' ,dan and Hotchkiss. Misses Crist.
Davidson and Cora Clarke.
No. l0-hesdames McCabe, Wetmore,
Krum and Long Misses Montgomery,
Clemments, Maggie and Mary Ellist.
No. ll-Mesdames Selvidge, feezer,
Holden and Dee. Misses Totten, and the
Misses Conehay.
The following reception committee
was appointed Messrs. A. Klaus, Jr,
M. f. Foley, A. A. Doolittle and J. A.
Frye, and Mesdsmes Flint, Graham. J.
Il. Wlnslow, Lloyd, Mathews, Wsde.
Gnndrich h-Hinka.-and Aiaaea X alta AMI
Lou Blood.
Mr.. Calkins was appointed to furnish
necessary tables, and n. f. Foley to fur
n,sh all fruits for the occasion.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

THE atrociOus outrage and fiendish
murder of the woman IN Kidder county
this week by a tramp is one of the most
aggravated cases in the catalogue OF
crimes. Even the fcrocions beast respects
the female of lis species, and the demon
in human form who commits crime
against the chastity Of woman ny worse
than brutal outrage should be hunted
down and 6xterminated from the face OF
the earth which his presence pollutes
With the merciless heart of monster
and the remorselcss cruelty of demon,
he mocks at her pleading for her chastity
apd ansu ers her plteous entreaties tor
life with the cruel blow that turns her
suppl,cating appeals for mercy into the
death-ihroe means Of pain, and the light
and life of q home has gone out in blood
and family circle forever blighted and
blasted. 1t is the proud boast of D-kots
that her women are and shall be protect
cd, and that no man can commit this
mcst heinous outrage upon her and live.
Lynch Law 10 > desperate remedy aud
| cannot be encouraged IN the name of law
aud order, but the damnable villain who
by his atrocious act places himself out
side the pale of civilization should perish
on the ground Of bis own choosing. The
enormily of this crime ls beyond adequate
punishment by the civil law, and where
there is no doubt of the guilt and identl-
ty of the monster who commits it, the
sooner the world is rid of his presence tue
better TOR humanity. Let the murderer
who froml malice or avarice imbues hi
hands in his fellowman's blood have
trial by his peers in our courts Of law ant
Justice, but the man who commits this
monstrous crime and outrage upon wo
man, whose name alone should secure
her absolute protection fram insult an'
violence, should die like dog at tn
hands of her avengers, and the spot o
ground that covers his debased and des
picable carcass should be execrated an
| &C ccursed for his names sake,
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

THE national reunion Of the grand
army Of the republic now Ming held At
Portland, Maine, is a grand affair, hut
like all feasts has its skeleton, and that
excl, ton is an uniniended and nntortu-
nate insult by The city authorities. When
the old veterans b. gan ic assemble the
CITY anthotit,cs put on a large extra po-
lice force. This action was mistaken by
the warriors as reflection upon them AZ
exemplary citizens. and they resented it
hy resolution. There was perhaps moth
,ng farther from the intentions or thoughts
OF The city suti iorlties than reflection
upon the old soldiers. The object was
90 dombt to guard against the hoodlums
and pick pol kets that congregste at snch
places and prevent annoyance to the SOL
<iie,s from such scoundrels. This Cir
cumstauce illustrates how easy it is to
mistake an act Of kindness and miscon-
s,rne generous consideration into the
very opposite of what was intended.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

take Is in charging the inetiiciency and
corruption OF grand jurors to the grand
jury system. AS well might the corrup.
ton of courts be charged against The laws
they administer. Neither the grand jury
system nor the law will be carried out to
their purposes unless virtue and moor
ruptible integrity charactelizes the grand
jurors and the courts. II the grand jury
system is TO be abolished for its abuses the
petit jury system and courts might be
abolished for the like cause.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02
The state OF Kentucky can always te

The state OF Kentucky can always te
depended upon for fcnds and shooting
sensations Feuds seem TO be the pr.nci-
psl inhe' itance OF one generation from
another, and like dynamite, only wants q
jar TO cause an explosion. Kentucky oh
tanned the sobriqnet Of the ''dark and
bloody ground" in its early history and it
has maintained it ever since even against
the competition Of the state Of Texas. A
person must possess charmed life to live
ont natural life time in Kentucky, cs-
pecially II any of his ancestry had trouble
with any one whose descendants are liv
ing. It Is against public policy for them
to ,nfilc! capital punishment for murder
a. It would depOpulate the state.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02
PranA1s 1he gate to the penitentiary a

PERnAEs The gate to the penitentiary at
Auhu.n, New York. never opened to re-
ceive . more deserving convict than
when the officer applied the other day
and introduced James ID. Fish, ex. .presi
deat Of the Marine hank Of New York.
with request from the court that he he
guarded against handling other peoples
money for the space Of ten years. When
Boss Tweed WAS handed over 10 the au-
lhOrlties Of Sing Sing, 10 the question as
10 his occupation he replted that he was
"a statesman" but the dispatch does not
state what Fish gave as his profession.
His business seems 70 have heen gigantic
sWiodl,ng. bsal Il Is likely he gave some
other more eugaloniOus name lor h's oc-
cupati,n. II is happy omen OF the
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-07-02

THE death nf a minister in England a
short time ago has brought ont the fact
that he had employed soman to select
his subjects and texts and compose his
sermons. lie had promised by way of
compensation to remember her in his will,
hut he died without making will aud
she put in her claim against his estate.
The lady was the wife Of the foreman Of
mann: factory in the town where the
minister otiiciated as pastor. There is q
good deal Of woman's brain work given
out to The world AZ the genius, thought
and mental product Of man. Many Of
itenry Clay's great speeches were SAID to
have heen composed and written for him
hy h,s wife. Andy .)ohnson'a wife taught
him to read and write, and perhaps il the
whole irnth was known many other
statesmen reflected more Of the M'md "f
woman than they gave ont OF their own
or had OF their own to give out.