davidaulloa/AmericanStories huggingface dataset:
Huntsville gazette., 1885-10-31
THE OHIO ELECTION.

Legal Proceedings to Determine Who Were
Properly Elected Senators From Hamil-
ton County-Judge BuChwaller's Decision
Adverse to the Dissolution of tile Re-
straining Order On the County Clerk.
CINCINNATI, o., October 27.-Judge
Buchwa!ter's little court room was
crowded to its utmost capacity yester-
day morning by attorneys, candidates
and citizens interested in the result OF
the legal proceedings before him in con-
nection with the delivery OF certificates
of election to the four candidates for
Senator from Hamilton County. The
matter had been argued and submitted
to him on demurrer and on motion
to dissolve restraining order hereto
fore issued by him in favor OF the four
Republican candidates on their petition.
He rendered his decision at considerable
length, holding as to the demurrer:
/. That there was no misjoinder OF
parties; that the four candidates could
sue together or separately.
2. The court had jurisdiction, not to
declare who should hold the Office, for
that was clearly the province OF the Leg
islature upon a contest; but to declare
who was entitled to certificate, for that
was a personal right separate to the title
of office.
He held 1t was not necessary, in order
to obtain the aid of the court to prevent
irreparably injury, to do more than make
out prima face case. While in this
case the averments of facts In the petit
tion were insufficient, yet the plaintiffs
were entitled to amend on that partcu-
lar, il necessary, and in any case they
were entitled to an order to stay the
hand of the Clerk until the merits OF the
case could be determined in another
court. The inj unction was therefore
continued in force, and the mandamus
case, involving the same points, was
taken up by the Circuit Court.
CINCINNATI, O., October 27.-The
mandamus cases of the Republican can
didates for Senator and for the Common
Pleas Judgeship were up before the Cir
cult Court yesterday morning. Judges
Cox, Smith and Swing, the full bench,
assumed charge of these cases. Inc
bench is unanimously Republican.
Thomas McDou.al and Dransin Wul-
sin appearing for the Republican candi-
dates, and ex-Congressmen Jordan and
Toilette for the Canvassing Board. 1t
was agreed that the petition of the four
Senators asking for mandamus should be
Mr.. Jordan then announced
that he would file an answer in abate-
ment, setting up the fact that the court
had no Jurisdiction, the Common Pleas
Court having assumed full jurisdiction in
the matter.
Huntsville gazette., 1885-10-31
AN IMPORTANT ISSUE.
Kansns Claims an Interest In the Public
Lands Within Her Borders and Does Not
Propose to be Sat Down Upon BY a Rail-
road Corporation Without q Hearing

tAnhShD Oi0ainb 4A AutcEeSt IN Cn0 fuDk1c
Lands Within Her Borders and Does Not
Propose to be Sat Down Upon BY Rail-
road Corporation Without Hearing.
WAsH1SaroN, D. c., October &c.
Hon. John P. Usher, as one of the attor-
neys OF the Union Pacific Railroad Com
pany, has made the point with the In
terror Department that the State of
Kansas has no right to be heard in re-
gard to the certifcation of lands under
the grant to the company by the Govern
ment. HIS argument is that this is a
matter in which the State has no inter-
est, and, therefore, can not come in as a
party to the hearing,
Governor Crawford, who represents
Kansas in these land grant questions by
virtue of an act of the State Legislature,
has presented reply to Mr.. Usher. He
invites attention to the act under which
Kansas was admitted in 1861. That con-
tains provision for the payment to the
State OF five per cent of the net proceeds
from sales of public lands by the Govern
ment.
"From this," says Governor Crawford,
''it will be observed that the State has a
direct interest in every acre of public
lands within Its borders. If any part
OF these lands is wrongfullY taken and
certified to railroad company without
authority Of law, the State loses its pro
portienate share. That thousands and
hundreds of thousands of acres of public
lands in Kansas which were neither
granted nor earned, and other hundreds
of thousands of acres which were express
ly reserved from the operations of
grants, have been certified and patented
to railroad companies, can not be denied.
That thousands of acres, lawfully in the
possession of homestead and pre-emptton
settlers at the date of the definite locl-
ton of such roads, have been wrongfully
taken and unlawfully certified under the
pretext of prior railroad rights, Is also
true. All such lands would otherwise
have been sold by the Government, and
the S ate would have realiz ID her five
per cent"
After referring to the loss of lands Sc
lected by the State under grant for an
agricultural college, the Kansas Pacific
having Withdrawn a considerable portion
Of these lands, aud to the duty of the
State TO protect its citizens, many OF
whom have been dispossessed of their
homestead and pre-emption claims by
the railroad company, Governor Craw-
ford says:
"In view of all these facts it would be
strange indeed if the State should be
denied hearing in matters of such
vital Importance by the ex-
ecutive officers OF the Government
The land-grant comp inies OF Kansas have
a long line Of alto neys, stretchin g away
from the Atlantic to the summit Of the
mountains beyond The Mississippi, with
diverging branches leading we know not
where; but that does not concern the
State. The State is merely endeavoring
10 protect its own interests and the In
terests OF the citizens, even at the risk
of incurring the displeasure of the dis
tnguished railroad counsel, under whose
administration, az Secretary Of the Inte-
rior, many Of the wrongs complained OF
were made possible"
Huntsville gazette., 1885-10-31
HUNTSVILLE ALA, SATURDAY, OCTOBER 81. 1885,

SMALLPOX has appeared at sr. Paul,
Minn., and there is thought to be grea
danger of its spread in that city and Min
neapolis.
SEVERAL persons were injured and
10000 worth of property destroyed by o
collision on the Canada Pacific Railway on
the 26tE.
MRS. JANE BRIGGS, being mistaken for
a bear, was shot and killed in a swamp
near Platte Lake, Michigan.
OFFICERS of the Yardmasters' Mutuel
Aid Association of America and Canada
he'd meeting at Indianapolis, Ind, on
the 2sth.
WILLIAM A. FRUcH, of Garden City,
Kas., has been debarred from practice as
an attorney before the Interior Depart
ment.
A SwEDE named Sundstrom, living a.
Saltwater, Mimi, is declared by local
physicians to be afflic ed with leprosy.
EFFORTS are being made in Massachu.
setts and the New England S ates to pre-
vent the introduction of sm l-rox from
Canada.
AN old liquor law has been revived in
New York which it is expected will have
the effect of closiug all the ,er gardens
in the State.
NINE trackmen on the Maine Central
Railroal were badly mangled and one
killed while riding on a fat car, by being
struck by projecting box car on a side
rack.
THE is ue of 'andard silver dollars dur.
ing the week ended October 24tl was
S916,35S as compared W th S6l0, 400 during
the corresponding period of last year. The
shipments of fracti onal silver coin from
October 1st to October oath amounted to
$7S5, ,3O3.
THERE was quite heavy snow S .orm at
Grand Forks, Dak., and vicinity on the
nigh OF tie "a b. The storm was travel
ing southwark.
The twelfth annual meeting of the
Na'ional Woman's Christian Temperance
Union is announced to b, held in Phila-
delphia, Pa, Oct)t er 80 b to November 81
inclusive. Delegates represe nting the Or
ganizcd work of fortyeight States, Terri
torie, and the District of Columbia will
be in attendance.
The French Commander at Hanoi tele.
graphs that he has defeated the Black
Flags. The news causes great enthusiasm
in France.
A STONE quarry in France caved in on
the 26,h, destroy ing village built on the
ground above it. A large number Of work.
men were killed and many were bu led in
the ruins.
The official returns show thirty
deaths in Montreal on the cath from small
pox, five in S.. Cunegonde, two in Cote
ST. Louis, two in st. Jean Baptiste and
one in ST. Henri. On the 9th there
were fifty two deaths in the city, SIX in
Cote st. Louis, two in st. Jean Baptiste,
two in ST. Cunegonde, and one in St
Henri.
PROTESTANT: of all denomin ations have
iuaugurated an evangelical CAMPAIGN at
Pitt ;burgh, Pa, and are holding daylight
and night revival services in nearly one
hun lrel churches in Pittsburgh and ALLIE
gheny. The movement is an outgrowth
of the Moody and Sankey meetings held
there last spring.
Huntsville gazette., 1885-10-31
To the Presiden
EXECUTIVE MANSION,
WASHINGTON, d. c. October "a. lSso.

EXECUTIVE MANSION,
WASHINGTON, d. c. October 24 lSso.
Hon. Leroy d. Tkoman, Girl Service Commits
Sioner:
My DEAR SIR: have received your letter
rendering Your resignation as a member OF
the Civil Service Comm ission, which is in
furtherance of the inclination expressed by
you very soon after my Inauguration as
President. The resignation thus rendered Is
hereby accepted, to take effect on the firSt
day of November next. congratulate you
upon the fact that in the office which you re,
earnest work, and by steady devotion to
the cause which you have had in charge, to
do so much in the interest of good govern
ment and improved political methods.
Yours sincerely,
GROVER CLEVELAND.
Huntsville gazette., 1885-10-31
The Barges Safe.

DETROIT, Mich, October 27.-The
owners of the barges Grace Whitney and
Eureka both of which last week were
reported lost, have received word from
both of these vessels, which, on Satur-
day, were in harbor at Pequaming.
Huntsville gazette., 1885-10-31

lHE Second Comptroller of the Treasury
Is making thorough Investigation of tho
accounts OF Indian agents, which are re.
ported to be in very bad condition, and
nas already referred about a dozen cases
70 the Solicitor Of the Treasury for suit to
recover balances found due the Govern
ment,
Huntsville gazette., 1885-10-31

IHE latest rumor as to the Civil Service
commission is that Judge Benjamin Buck
ner' OF Louisville, KY, who has just de-
clined the nomination Of Chief Justice of
new Mexico, wishes to be member of
~e commission. His friends say that he
approves OF the civil service policy.
Huntsville gazette., 1885-10-31

DISPATCHES from Anco, Peru, an.
rOunces the defeat Of the Montoneros un-
der the celebrated priest, Rios. and the
death of the latter. The banditti are
nearly extinct in the northern provinces,
which seem to be entering into a more
peaceful era.
Huntsville gazette., 1885-10-31

,,xryrsro has been issued at Dublin
l. tbe Patriotic Union denouncing 'ne
.h National Land League.
Huntsville gazette., 1885-10-31

c.,.nrAS papers generally indorse the
s..I sentence Of Riel, even French PAP
:. Montreal saying it Is rlgh1'
Huntsville gazette., 1885-10-31

THE celebrated tragedian, John McCll-
Tough, is said to be rapidly nearing his
end. Externally but little change is no
ticeable in his physical condition, but the
wrecks almost complete and death, the
physicians say, may claim him at almost
any moment
Huntsville gazette., 1885-10-31

FIRST COMPTROLLER DURHAM has made
b decision that the h. ad of department
can not grant third class clerk leave of
absencs without pay and then appoint
|tim to another position with larger COM
|pensation than he would have received as
clerk
Huntsville gazette., 1885-10-31

rr.n STATES CONSUL DENNY has
.nnointed foreign adviser to the
Ian Government.
Huntsville gazette., 1885-10-31

BULGARIA is strongly fortifying Slivnit-
d. Ihls will be the sole protection of
eoha should Dragamon Pass be carried hv
|,ae Servians. Although the Servians
uave not actually crossed the frontier.
hey are making movements in readiness
LOT an invasion OF Bulgaria. The roads
are In bad condition from heavy rains
snu 'he transportation of artillery is diff.
Huntsville gazette., 1885-10-31

Two men have been arrested az Dol
Grade, servia, on suspicion OF no, oelns am,p'''
e..oa in a Mot to murder the Governor.
Huntsville gazette., 1885-10-31

THERE were eighty-one new cases OF
rholera and forty eight deaths from the
disease reported on the 21st throughout
Spain. There were forty-three new cases
pf cholera and twentythree deaths in
Palermo, Italy.
Huntsville gazette., 1885-10-31

THREE thousand men employed in the
late quarries at Lianberries, Wales, have
(een locked out because they committed a
reach of the rules in holding a mass
1eeting during working hours.
Huntsville gazette., 1885-10-31

THE two principal japanese steamship
or;es have been consolidated under
Ne M name Of Japan Mail Steamship Com
Huntsville gazette., 1885-10-31

By an explosion of gas i'll a coal mine
It Plymouth Junction, Pa., on the 21st,
ne man was instantly killed and seven
atally injured. Ell ght more. who were in
be mine at the time, had narrow es-
ana
Huntsville gazette., 1885-10-31

THE Privy Council of England has dis
missed the appeal of Riel. The Canadian
kCovernment officials say he will be hanged
November 10th.
Huntsville gazette., 1885-10-31

l.. immense mass-meeting OF citizens
.M AZ at stockton, CAL, on the 2ad, de-
tasd ss that the Chinese must leaTe the
Huntsville gazette., 1885-10-31

/ TIE Denmark Landsthing Upper
E5use) indorses the policy of the Presl'
lint of the Council and denouuces the at
Empt to assassinate him.
Huntsville gazette., 1885-10-31

ru.rsCsY NJ. DEPEw reiterates his
..,.nt statements of an interview with
csneral Grant in regard to President
Huntsville gazette., 1885-10-31

The delimitation of the Zulficar Pass re-
m is finished. England has secured for
shanistan the control of the complete
kItary frontier.
Huntsville gazette., 1885-10-31
AVNlTED STATESlFish Commission

IL. a United STArEslFish Commission car
as.s 9sts "ashington, D. c., on the night Of the
NJ W. with carp to supply applicants in
r.ss rl,ssOarl, III Nebraska, Wyoming, Idaho,
,.s au colorado and Kansas. Another car
nr' l,.' On the night of the 2S5h for Portland,
,.s. as.' and will supply en- route all 'appli-
sa. aus IN Iowa, Minnesota, Wisconsin, Da.
.sa' n" Montana, Washington Territory and
Huntsville gazette., 1885-10-31

sss ls reported that Secretary VIII tney
~. .ound the present status OF the Pay
rass'er-General .as Smith court-martial very
n hI'irasslng matter and solution is about
h., u reached which will afford relief to
NJ 'ne secretary and officer interested.
sa. 'ihlth Is about to tender his resigna.
.,d ND q, as chief of the bureau of provisions
An. oiolhing and be reinstated without
y suspension OF his naval rank.
Huntsville gazette., 1885-10-31

.,a ing number of hogs handled by West.
N, packers during the week ended the
n. su was 100000, compare with 155, 900 for
Va same time last year. The total from
m aivn oan ISL to date was 4,S75,00) against s.
80 last year. The movement a. the
pal points since March 1st is as fol
~ ss@ 81. Chicago, 2,27O,OOO; Kansas CITY,
~ IooooV; Milwaukee. 100000; st. Louis,
ps; puV; Indianapolis, 10000; Cedar
riapl' inp,a.' l,6so,o,0; Cleveland, $4,000; Gin
'innati, ll4,0O9.
Huntsville gazette., 1885-10-31
..~,s from Everywhere.

, against church disestablish.
s." ,srs preached throughout England
I as 18th.
Huntsville gazette., 1885-10-31

Legal Proceedings to Determine Who Were
Properly Elected Senators From Hamii"
ton County-Judge BuChwaller's Decision
Adverse to the Dissolution of tile Re-
straining Order On the County Clerk
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
'sss IA ''
Az
E&w
f::::GBy GAZETTE.
SATURDAY,, Oct. II, 1883.

nr "CizErrE" is published every Saturday
,uc Publishing offices, Central Avenue
/ s.. Morgan County, Tenn.
hh paper is entered at the Post ofhce AZ
ugm. euD., as sccond-class mall matter
Ct ,,mess correspondence should be ad-
,r~>"d 90 the Publisher.
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
SUNBRIGHT LETTER.

We have just learned of the marriage
of MIR. a. J. White, Of Scio, N. Y. to
Miss Tilda Nicely, of the Bled,oe Stand,
fenfress Co. The happy couple arrived
i'll SuubrigEt Tuesday evening. Mr.
White takes possession of the, Noun
tain House" the former proprietor, L.
II. White, left for the north this week.
&. S. Dudley, who is running Mr..
Boyle's mill a few miles west of here,
spent Sunday with friends in town.
MIR. McKinley's new residence on the
west side is nearly completed 1t is in a
very pleasant location and will be an
ornament to our place.
The Rev. Mr.. Scott preached his
last regular sermon here OH Sunday
afternoon last. One member was re-
ceived into the Church.
}. Hungerford has cherry tree on
his place that is 6 #. 8 inches high and
only two seasons from the seed.
f. f. Hammond was in town We'd
nesday.
The idea of building NJ. E. ChurcI,
1T this place has been put in motion
again. A union church and school-house
combined is what is most needed. The
building now in use for such purposes
is only capable of holding small au-
dience, and often will not seat hall
the people who come, and many are
compelled to stand outside or 90 away
G. and J. Hungerford spent part o
the week in Fentress Co.
W. F. Knight returned home from
Cincinnati Sunday morning.
Mr.. and Mrs. L. M. White have beer
visiting at Mr.. Hammond's at the
Bledsoe Stand.
The weather is so wet that news is a.
dry as possible.
NICKEL.
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17

and they had to curtail their pro-.
gramme, and a return home at dusk
ended the Sunday School Picnic for
1885. We congratulate the manage
ment on the success of the day, and
can only trust that they ave as sat-
i>hed with their hard work, as the
children and guests We're with their
enjoyment. We counted just owe,
one hundred present.
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17

about half-a mile nearer jamestown, I
and the people living there seeing
the blood on the animal, and having
heard the firing, started to find out
whathad happened. Hurst was found
dead in the road, having evidently
been shot from both sides. Four or
five buckshot had entered his right
temple, and about the same number
the left side, one, if not two, pene-
trating to the heart.
An inspection Of the ground shows
conclusively that the men were am
pushed on both sides of the road
about three and ten feet respective
ly from the bank. 1t is stated that
Pile recognised four of the men, but
will not, at present, divulge their
names.
By this dastardly act Fentress
Co. has lost one OF it's best and bra
vest citizens, for Drawer man than
Miller Hurst has never made a track
on the mountain, and the United
States Government one of it's most
efficient officers.
How long are the people of Fem
tress going to stand up and let such
things take place in their midst?
When will they assist the strong
arm of the law in putting down
! such crimes? Whiskey, as usual, is
responsible for the death of Miller
Hurst, and after this can any citi-
zen conscientiously give a friendly
> hand to moonshiners and their ne
farious trade Rather let everyone
put his shoulder to the wheel and
help to roll the Internal stuff, with
all its necessary pall-bearers out Of
the United States.
. TOTALLY VERMILTON.
Owe agree with our correspondent
, about driving ''moonshine" out Of
the U. S., but what can the people
do as long rs the strong arm of the
law encourages crime by releasin 4
ON bail men charged with capital
ofense-ED,)
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
JAMESTOWN LETTER.

The sad intellig' nee of the death
of Miller Hurst, Deputy United
States Marshall, on Sunday NOR
ming reached here the same evening.
Hurst and Sherwood Pile, the De-
putty U. S. Marshall, who was shot
in this county about a month ago,
had been to Byrdstown, Pickett Go.
TO get prisoner; James Wilson, and
we're bringing him to jamestown, on
the way to Nashville.
When on Double Top" on the
Dry Greek Road, about seven mile:
from jamestown, Hurst being some
ten PAGES ahead of Pile and tht
prisoner, Pile noticed the fresl
tracks of a number of men in tn,
road, and remarked to Hurst, "W,
had better look out, there is too mucl
sign here to suit me; you watch tn,
left side and | will the right side o
the road Hardly had he fnishtt
speaking, when a loud report wa
heard and Hurst fell from his horse
Pile Immediately TUNED his hors
around and rode for his life, leavin
the prisoner standing in the middl
of the road.
Ilurst's horse ran on to a hous
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17

Many are prone to allow their
horses to run out through all kinds
of weather, until late in the fall,
and until their coats become rough
and shaggy. This is wrong. Frosty
grass is not good for horses that
have been used to dry feed and
must yet do much hard work. They
should be stabbed as soon as the
nights become uncomfortably cool
and then they may be turned on,
to grass again after the sun has
dispelled the frost.-Monroe Demo-
crdt.
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
HEAD MASTER.

THE RIGHT REV cHAs ouNTARD DID, LID Bishop Tennessee
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
NOTES AND CONTENTS.

The Sunday School picnic sci
down for Tuesday was, owing to q
rainy spell, postponed until Thurs
CAV. Just cool enough to make walk,
ing pleasant, and not too hot for a
,nmp, the weather was all that
could be desired. The grove this side
If Alexander's store had been Sc
lected and a better place could not
lave been found anywhere, being
quite level, within easy reach OF
l.ugby, and close to good water, the
latter being quite a consideration,
when upwards of one hundred had
10 be provided for. Too much praise
Aan not be bestowed upon Mr.. Alex
;nder aid his family for the share
they took, by preparing the ground,
Tearing off the underbrush and a
place for baseball, in making the
picnic successful. And that this was
duly appreciated by the children
themselves, was amply shown be
the cheers that responded to Mr.
Tucker vote OF thanks to Mr.. Alex
"nder. The management are also
greatly indebted to MIR. Skene for
the free use of his hack during the
day.
Signs of a feast day were visible
on Central Avenue soon after nine,
and by ten two or three wagon loads
Of happy children had been dis
patched to the picnic grounds, the
wagons being heavily ballasted by
materials for staying the pangs Of
hunger. Just as your correspondent!
reached the ground the members O
the Quartette Band arrived, anC
much to the wonder of those present
condescended to play before bein!
ted. After three or four tunes haC
been played, during which various
games we've indulged in by the rest
the joyful sound of "The potatoes
are couked," was heard, and every
body got ready for business. Durin
the next half hour there was no
much talking, in fact, one promi
nent citizen being asked a question
was overheard to answer, "Cal
again to- morrow, I'm busy now,
and he seemed to be so. 10 mention
what there was to eat would be in
discreet on our part, but the gene
rosity of the Rugby ladies in pro
visions on such occasions is proven
bal. Just about this time we dis
covered by the action of some {
the band why they played befol
dinner. When they arrived the
were not quite hungry enough an
thought tune or two would act {
a tonic and strengthen their appt
tite, and judging from results,
did. The old survey corps were II
nowned for their gastronomic abil
ties, but we are willing to stake OF
reputation for truth against a hay
seed that part of the band coul
start in at a feed half an hour ahea,
and then come out level. Aftt
dinner more games, etc, were il
dulged in, accompanied by Dol
music, although it seems just re
tribution overlook one of the bant
The Rugby gazette and east Tennessee news. (Rugby, Morgan Co., Tenn.) 1884-188?, 1885-10-17
Cncnnpti and points North.

Time liable, in fleet Jan. 18th. So.