davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Free Advertising.

The proposition to advertise lands for
sale free of charge appears to be very
popular, and we hope it viii be the
means of effecting many sales. The in
dications are that in few weeks we
will have enough of this class of adver-
Using to fill page of The CLARION.
We will then publish a large number in
Supplement form, for distribution by
Major Wall, Commissioner of Immigra-
ton, and also through the Mississippi
Department of Worlds Exposition.
In addition to the free advertising of
lands, The CLARION viii publish free of
charge the advertisements Of all persons
wanting situations as teachers, book
keepers, clerks, house-keepers, etc; and
the advertisements of Colleges, families
or merchants wishing to employ same.
Space limited to five lines, and three
inches. The proprietor Of The CLARION
has q considerable correspondence in
such matters, and in order 70 BE- relieved
n same he now offers the medium In
aicatcd. awithout money and without
pf1ce.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Clubbing Rates:
THE CABINET.


To correct some typographical error
we republish our forecast of President
CLEvELAND's Cabinet:
THos. f. BAYARD, of Delaware, will
be Secretary Of State; DANIEL II. MAN
MING, Of New York, Secretary of the
Treasury; L. q. G. LAMAR, Of Missis-
sippi, Secretary Of the Interior; w. c.
ENDICoTT, of Massachusetts,, Secretary
Of War; w. C. WHITNEY, of New York,
Secretary Of the Navy; A. H. GARLAND,
Of Arkansas, Attoney-General w. F.
Villas, Of Wisconsin, Postmaster Gen
eral.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
The Alabama Plan.

Representative OATES, Of Ala bama,
has drawn up the following agreement
the Distribution Of federal
Offices ia that-State Il has 50 far been
signed By the senators and three Of the
seven Representatives,
stWhereas there are large numbers OF
competent and worthy Democrats IN
Alabama applying for appointment TO
the Offices al the United States district
attorney, marshal, collector Of Internal
revenue, collector of the port OF Mobile,
register and receiver of land offices. 6Sc.,
&c. and are all asking the Senators and
Democratic Representatives from SAID
State for Endorsement and recommends
ton To the incoming administration.
Now in order TO avoid unseemly conniet'
ing recommendations Of our friends 70
President Cleveland, and believing that
they will approve our course in the dis
charge Of these delicate duties, We, the
said Senators and Representatives agree
to meet in conference or convention, II
the citv OF Washington. ID. G., at Il
o clock a. m, OF the 9th day of March
1885. and when the names of all the can
didates for any of the said offices art
placed in nomination, and the evidence
of fitness, &c, made known, the conven
{ on shall proceed to ballot a follows
to-wit:
4. Each Senator and the Representa-
tive from each district, shall be entitled
to one vote.
-. That the whole number Of vote
being ten, seven shall be necessary to
choice, and on each succeeding ballo
after the first, the candidate receiving
the lowest vote shall be dropped, unit
one receives seven votes, who shall there
upon be declared the nominee, and shall
receive the Unanimous recommendation
Of the delegation for the Office to which
he is nominated, and no opposing re
commentator shall be made by an.
Senator. or member of said convention
And it is hereby understood and agrees
that the distribution throughout tn
State, and the several districts, shall b
as equitable as efficiency and the goo'
of the public service will admit"
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
SUpREME COURT CASES.
Reported Tor The Clarion, BY H. H. Parker,
AtiosaeY-as Law, jackson, Mss
escla3ser Tcrln rsss.

y Bsl-DWis, etai.
d. ". TnLaay.
From the Chaucery Court OF Amite
county. L. McLaurin, Chancellor
kioaestesd erea.pftos, nay itlsie store.
CooPEE, J.
The appellee is a householder and has
family He owns one-acre lot in a
village On this lot Is his residence,
with the usual uutbuildings, and in one
corner Of the lot is small building in
which his wife has a retail store. That
portion Of the lot on which this building
stands is separated from the residence
enclosure by a fence, and upon this
portion appellants levied an execution;
whereupou Tillery fled bill to enjoin
the sale, upon the ground that the prop
erty levied on constituted a part of his
homestead On final hearing, the Chan
ceIlor perpetuated the injunction, and
from that decree this appeal Is prosecut-
ed.
The exemption Of the property in
controversy IS denied, because II Is not
actually occupied rs residence.
(Code Z 1249)
Ia Thompson on Homesteads and Elk
emptions, Z 100, is a summary OF the
conclusions arrived at by the courts of
the various States under their respective
statutes In the list of cases there cited,
authority may be found for any view.
The quantity of land and the character
of personally included in the exemption
statutes of our own State, unmlstak-
ably indicate that as to the rural exemp-
! ZIONIST the intent of the Legislature was
to exempt from legal process not merely
residence and the usual appurtenances
/ thereto. but also property by the use OF
which a support for the family may be
earned. No one whose circumstances
| force him To invoke the protection OF
the statute could possibly need eighty
acres OF land as an appendage to the
Homestead, considered solely as q resi-
/ dence. The quantity exceeds any posi-
/ ole curtilage, and manifestly the pur-
pose Is to exempt it, not as residence
/ only, but as atiording the occupant the
opportunity Of prosecuting his usual DC
cupatiou. Cfin-hGuses, etc. such as are
| frequently found upon rural homesteads
are not supposed to. deprive the land
upon which they are situated of it,
character as exempt property. The same
rule may &c applied to the Office of the
physician, lawyer or dentist, the shop OF
the mechanic, and the store of the mer
chant, milliner, or conlectioner. From
Il consideration of all the statutes on the
subject, we think the necessary eonclu
sion is, that so long as the value of The
property is less than the limit fixed by
1.-THE statute, the debtor mag erect on the
premises, and hold as exempt, any build
ing necessary or convenient either to tht
home as a residence, or to the business
IN which he or his family is engaged
1firnaed.
T. Mcknight for appellants.
j.. c. Bramlett. for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

for homestead. He had wife; but
they had 10 children. The wife had
separate property, worth over $1,000.
The husband made will devising the
homestead 10 his sisters. He had pro-
yided for his wife BY an insurance policy
for $4,000 on his life: and this amount
Was paid To her. under the policy. after
bis death. He made no provision what
ever for his wife in the will. He died,
and this contest arose, involving the
sole question as to whether the wife was
entitled TO the homestead, or any inter
est IN ii, or whether the devise was
valid.
The right of the wife surviving the
husband To the homestead he had owned
under Z 1917 of the Code of 1880, which
in this respect does not differ from the
Code of 1871, is dependant on his dying
intestate as to The homestead. 1t de-
scends, when the owner does not dispose
of it, as he may. The exemptionist may
devise the homestead, ia the same mau-
ner and with the same effect as any
other land. No Change as to this was
wrought by the Code of 1880 IT'S OF
that code applied, end governed the
rights of the widow in this case; and as
she had separate estate equal in value
to what would have been her lawful
portion of her husbands real and per
sonal estate, it was properly held that
she had no interest in the homestead he
had devised. 1firnlef
Judge Cooper takes no part in this
decision.)
II. B. Mayes, Wells & Williamson
for appellant.
r. p. Willing, for appellces.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
GEO. F. PHILLIPs, ct al,
V.
II. N. GAsTRELL.

From the Circuit Court of Wilkinson
County. j. B. Chrisman, Judge.
Entry Of government lands under statutes
authorizing sale Of limited number Of acres
to one person.
COOPER, j.:
This case has been here on appeal once
before. Appellants. Phillips, Marshall
and Evers, claim to be the owners of
certain lands in Wilkinson county
which they purchased from various per-
sons who held patents from the State.
This was an action of replevin instituted
by appellants to recover possession of
certain timber which had been cut on
these lands. The act of February L,
1877, under which the lands were sold
by the State to the persons who conveyed
them to appellants, provided that 40 one
person should enter more than $40 acres,
and number of the entries, it appears,
actually exceeded this limit. This was
owing, in each case, to the fact that
some of the subdivisions included more
than forty or eighty acres, as the case
might be. Upon this ground, the
patents from the State and the accom-
panying conyeyances to appellants, when
offered in evidence by appellants, were
excluded.
We know as matter of public history
that these lands have been SURVEYED by
the United States, and that the SURVEYS
are of sections and their subdivisions.
or lots, conforming as nearly as pracric,
able in quantity to the subdivisions. 1t
is. by these subdivisions of sections that
the lands are dealt with by the State
- l,C 1o11
held that where the right is given to
buy surveyed lands, and the language of
the law Is that not more than forty or
eighty or six hundred and forty acres
may be purchased by one person, such
words are TO be construed as meaning
the surveyed divisions containing such
quantities of land, and as authorizing
the purchase of any such recognized
dis islon or subdivision, although some
of them may actually contain a greater
number of acres than that designated.
We have found no case in which a literal
has been placed upon words
of quantity in such statutes. where the
number of acres designated by the law
to the number of acres in
a legal subdivision OF land, or multiple
thereof. Aside from the uniform con-
struction of such language as that con
tanned in the act of 1877, it is evident
lat inextricable confusion would arise
n the land offices of the State if the
excess should be reserved |
BY the State in the sale of those subdi- |
fisions which exceed the usual area. |
We are therefore of opinion that the |
words two hundred and forty acres |
n the act must be read as convertible
With Hthl ee-eighths or -sixteenths of /
section Reversed.
Nugent & Melville for appellants.
C. Z. Nelson for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

WE feel that an apology is due our
readers for the manner in which The
CLARION has been for some time printed.
Our fast Hoe press has been running
about twenty-five years, and has become
worn in so many places it has ceased to do
good work. We have just introduced a
new Campbell press for book-work, but
will print the paper ON same until our
Hoe can be sent to the factory for gen.
eral overhauling, or until we can get a
new press in its place.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Another Word for Nash, From Cal
houn.
SABouGLA, Calhoun county, Miss,
February 9th. 1885.

February oath 1859. +
EDITOR CLARION I notice in THE
CLARION of February 9Th, a letter compli-
menting Wiley n Nash and recommend
ing him for Attorney General at our next
State election. l heartily endorse every
word of the Madison county letter. Wiley
enlisted in Capt Robert Muldrow's Cav
airy company when he was scarcely old
enough to sleep alone, but we soon found
he could ride alone and handle a carbine.
He was detached from our company to
Capt. Harvev's scouts when a mere lad,
and to prove that he was a heroic soldier,
the gallant Harry never returned him to
US, but promoted him in his own company
OF picked veterans Like the noble Har-
vey, the people have tried him in his dis
trict since the war and promoted him to
offices of trust and honor. No better Sc
lection can be made than Wiley Nash for
General
OLD o. s., Co. aE,v Writ Adams Cav.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

EX-GovERNoR r. NJ. PATTON, of
Alabama, died mt his home in Florence
on Saturday morning last. He was in
his seventy-fifth year. He was not only
able and useful in civil affairs, but was
noted for his religious zeal and activity.
Gov. PATTON was brother CT Mrs f..
Richardson, of New Orleans, and an
uncle of Mrs. J. w. Robinson, of this
city.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Tar Hon. a. W. BRIrs. q member

The HoS. A. w. BRIEN, a member OF
the present House of Representatives,
died at his residence in Warren county,
on the morning of the 18th ult He
was stricken with paralysis some weeks
AGO and has fingered in hopeless com
d;tion since. Judge BRIEN was law
YER and was most successful in the
criminal branch Of the profession Be
inc kind hearted he had many warm
rr;ends. who viii mourn bis death.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

IT is now known that General GRANT
is afflicted with cancerous growth at the
root of the tongue. He is said to be fast
breaking down, and his physicians ex-
press the opinion that he cannot live
more than six months, and may die in a
much shorter time.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

Ma. T. ID. Day, the choice of the
Democratic Club at Wesson for the po-
sition of Postmaster at that place, writes
to the Brookhaven Leader, a letter in
which he denies that he is Republican,
and charges that statements to that
effect are without foundation. The
notice of the election resulting in Mr..
DAYS nomination which appeared in
TIE CLARION, was based IA she Leaders
account of it, and we Ike the first oppor-
tunity to aequit Ourselves Of intentional
wrong-doing. 1t seems that the Leader
was misled by fan old citizen ef Wes-
SON. who was. perhaps, himself misled.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
A Complaint.
NEAR RAYMOND. Mr.s Fab -,

NEAR RAYMOND, Miss, Feb. 9th, 1885.
EDITOR CLARION: Several times. fre;,h.
pre- paid in New Orleans and sbipped -
Raymond, had to be paid again. This
looks hard to nen who pay Railroad tar
and If continued will force me snd Other
to haul freight from Terry or CrystaI
Springs Suing raj roads for freight pre-
pad, IN this country, seems to be an nm
nil business. CHAs. MARTIN.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

TIE meaning Of the word "zareba, :"
frequently seen in the accounts of the
British operations in the Soudan, is any
sort of an Enclosure from a slave-hun-
ter's camp to a redoubt of earth or stone,
or brush. Ic is resorted to on open
ground, and in the Soudan is made of
mimosa bushes, piled up six or eight
feet high, with the roots inward so as to
expose the cruel briers to the enemy.
The half-clad Arabs have . profound
respect for this wall, and a well-equipped
force behind it is practically secure.
The screen of buskes is made very thick,
and to make firing possible the defend
ers of the zareba build up platform of
sand around the inside of the Enclosure.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

TIE second trial of the murderers of
CAP. MURPHY in New Orleans, resulted
in the following verdict: "THos. j..
FORD, w. f. CAuLTIELD, w. II. BUCK
LEY, guilty of manslaughter. PAT
FoRD, JOHN MURPHY, guilty.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

The President has issued call for the
Senate to meet in extra session on the
fth inst We doubt if any business
will be transacted except the confrma-
ton of members of President CLEvE-
LANDS Cabinet.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Wright's Rascality.

A majority of the Springer Commit
tee appointed to investigate the conduct
of Marshall Lot Wright in the Ohio
October election, have made a re-
port, in which it is stated that
they find from the testimony taken
that the deputy marshals appointed by
Wright were largely in excess of the
necessities of the situation; that they
were appointed as Republican partisans
and political workers, and in most cases
prostituted their official position to par
tisan ends; that they were armed with
revolvers and other deadly weapons fur
nished by the national committee of the
Republican party; that many such
deputy marshals so appointed and armed
were notorious criminals and men Of
known vicious and brutal habits, and
many of them were non-residents of the
State of Ohio; that many such deputy
marshals, acting under the orders of
Wright, aided, abetted and encouraged
fraudulent voting and intimidation of
voters and committed gross outrages
upon the elective franchise and rights
of honest voters.
In view of the impracticable nature
of the impeachment proceedings, and
especially as Congress would soon adj
journ, the committee recommended
the adoption of the following resolu-
ton:
Resolved, That the clerk of the house
of representatives be instructed to trans
NIT copy of the report and testimony
in the case of Lot Wright, United States
marshal for the southern district of
Ohio, to the president of the United
States, and that the president be
respectfully requested to Immediately
remove said Wright from office and
cause the encouragement to institute
such proceedings in the courts as may
be deemed necessary in order to recover
the sums illegally paid out by him, and
to institute such criminal proceedings
against him as the facts in the case may
require"
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

New ORLEANS has got to be the
headquarters for prize-fghters. The
fights are called soft glove contests"
but afellow who quits one of them alive,
usually looks like he had been monkey
ing with the hoofs of q bad mule
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

MONDAY, March 2, 1885.
The following cases were Afsmed:
4667-M. & o. r. r. Co., v. John L.
Gray, Sr.
4108-John Fahey, ct al, v. State of
Mississippi.
4775-Linnie /. Osburn v. T. }. Sims.
Exor., ct al.
4736-Meranth Saucier v. Josephine Be-
mott, Adm'x.
47S0 e. Pfeifer, ct al, v. III. NJ. Ferris.
4aS2-J. A. V. Feltus, ct al, v. B.P.
479S-M. Wirtheimer v. State of Missis-
sippi.
The following casesSwere Reversed and
reBadaded:
4717-Irvin Reed v. State of Mis,issippi.
4lS3-Thos. j. Sandifer, ct al. v. Mary
A. Grantham.
4lS4-L. f. Birdsong v. John J. Ellis.
4o09-James Desearn y. ID. Babers.
4f40-J. NJ. Clayton, Admir- v. Jas. p.
Boyce, Exor
4sli-B. Meyer, ct al, v. Thos. ]. White
head.
4a71-R Zeal, ct al, v. Chas. DonnelIy.
Notion to rucute the order striking
tiA Of exceptions from record and
a6sr"atng judgment Of court below,
oUerruted.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

ODD Fellows Day-April 26-promi-
ses to be one of the big events Of the
Worlds Exposition. There will be
Lodges and Eneampments present from
nearly every State in the Union, and
nearly all the officers of the Sovereign
Grand Lodge will be present. The Odd
Fellows of Mississippi are moving in the
matter. The uniformed Encampments
of Summit, Jackson, Water Valley and
other places will turn out in their full
strength. The details will be published
as soon ms perfected by the New Orleans
Odd Fellows, who have the right men
at work to insure success.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

WE are indebted to Hon. f. Banks
dale for telegram on Monday last, an
nouncing the new Cabinet, which we
publish to-day. The regular press dis
patches have not yet reported the Cabi-
ret.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Z. Mcknight. for appellants.
d. Q. Bramlett. for appellee.
G. \. BEOUGHER
Y
DAVE CONLEY.

FIR IN the Circuit Court of Hancock
county. 5. II. Terral, Judge.
Tar title Unauthorized order Of Boar
Of Supervisors. Cote 55s constructs.
CAMPBELL, c. J.:
Appellant bought from the State a
tract of Land in Hancock county, which
the State had acquired at a sale for non
payment of the taxes of 1880. The sale
to the State was made on April %, 1881,
the board of supervisors of Hancock
county having granted tie tax collector
leave to postpone the sales of land for
unpaid taxes until that date.
The action of the board Of supervisors,
in making an order on the first Monday
of March, 1881 relieving the tax collector
from his duty under the law to commence
the sale of land for taxes on that day, was
unauthorized and void, and the sale
made ia pursuance of it was a nullity.
The order was made under a total mis-
apprehension of 55S of the Code of
1880. This is a valuable provision, but
such q construction would make it the
instrument of incalculable mischief.
Its object and scope IS to provide for
the case of q failure, from any cause, to
sell land for taxes at the time prescribed
by law If after the time fixed by law
for sale of land for taxes it appears that
any land liable to such sale was not
sold as it should have been, it may be
sold by order of the board of supervis-
ors. The language of this section is
broad enough to embrace failure as 10
the entire list of delinquent lands, and
where it appears at a time subsequent to
that fixed by the law for the sale of
land for taxes, that no sale had
been made, it would be competent
and proper for the board of super
visors, under this section, to order
the sale to be made at future day; but
this is very different from granting an
indulgence beforehand. a tax collector
who fails to advertise and sell lands
delinquent for taxes at the time prescrib
ed by law can obtain no relief from re-
sponsibility by any order Of board
of supervisors, which cannot thus
thwart the law.
The judgment of the court below,
though put upon another ground, reach
ed the right result and is, therefore, If
frmed
R. II. Thompson, J. B. Deason for
appellant.
I. 5. Ford for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

GEN. NJ. Z. LOWRY, President of
Blue Mountain Female College, q dis
tinguished divine and educator, dropped
dead Of heart disease at Middleton,
Tenn, on the 9th ult.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04
Meridian AIercurY.l

So far as we know there will be no
formal excursion Of the Mississippi Press
Association to visit the Exposition. 1t
was contemplated by the officers of the
Association, but the railroads declined
to give the transportation and that ended
it. The Press Associations of four States
made application for the same thing,
but the Railroads declined any special
rate to the Press, on the ground that
they have already all the passenger bus
mess they could accommodate. We
think the suggestion of THE CLARION a
good one Those who have not already
visited the Exposition should attend on
Mississippi Day, and swell the numbers
on that occasion. The programme for
the Press excursion has failed.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

The uouse Of Lords adopted SAILS
BUBY's motion of censure by vote of
139 to g. NoRTHCoTE's motion of CEN
sure was rejected by the House of Com
mons by 302 to 228.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

Az umbrella thief was convicted at
-. Martinsyille, La, last week. We
wonder that the state was able to get
disinterested jury.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

The Worlds Exposition gets "fnal
aid" appropriation from Congress of
500 .ooO-the Senate, having increased
the House figures to that amount.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-03-04

IL is said that the Louisiana Lottery
contributed $500 towards defraylng the
expenses Of the inaugural ceremonies.