davidaulloa/AmericanStories huggingface dataset:
The clarion., 1885-11-25
]. NJ. BusrYx,
THE SHIPPERS COMPRESS Co, eta.

4
TIE SHIPPERS COMPRESS Co, ct al
From the Circuit Court of LauderdaIt
County. ). Il. Terral, Judge
Mechanics hen Rights of tie,aor. Form
| IF certificate Of acknowledgement to deed.
CAMPBELL, j.:
Appellant fled his petition to es ablish
mechanics lien for labor and material
in the erection of a compress. J. s
solomon was admitted as a defendant
and filed three special pleas In the first
plea, he alleged title in himself hy reason
of his purchase of the property at sale
under an execution In favor of other
parties upon a judgment rendered as the
result of a proceeding similar to this
The second plea AYERS that he ACQUIRED
title under sale by virtue of the power
IN deed of trust executed by the then
owners of the property, AMI that the
Shippers Compress Co. (by virtue of a
contract with which company the lien
is asserted, never had any title to the
property. The third plea sets IN thai
Solomon is the assignee of a nore
secured by deed Of trust on the proner-
ty; that no part of the debt has been
paid; and that his lien is prior to tnat
of appellant. In the certificate of
acknowledgement to the deed set out in
the third plea. the officer describes him
self as "a justice of the peace and
notary public" and he appends his
notarial seal to the certificate. which i
tated August 26, 1882. :
The case was submitted to the court
without jury; and the court dismissed
the petition at appellants cost.
The title acquired by solomon by his
purchase at the sale under the execution
10 favor of Mcmillan and Others. was
with the burden OF the lien in favor ,,f
appellant. whuse suit to enforce his lien
Was pending when the mutt Of Mcmillan
The clarion., 1885-11-25
That Picture.

We observe that our Mississippi contem-
poraries are greatly delighted with on,
picture of Gov. Lowry. printed the mornins
after the election. We shall be glad Il
furnish any of them who may wish t.
reproduce il with stereotyped cut. Their.
is nothing mean about us.-TimesD Demo
crat.
1t seens that it was safe TO print that
picture at long range, but it would Incur
responsibility and danger for Missis.
sippi paper to print it, unless we art
mistaken in the subject of is.
The clarion., 1885-11-25
An Absurdlty.

The followers of Mr.. RANDALL are
working themselves into tower Of rage,
because of some suspected attempt ON
the part of the majority of Democrats
in the next House to discredit that
gentleman before the country. We see
no evidence of desire on the part of
any one TO make war on Mr.. RAN
DALI. On the contrary, considering his
course in the last Congress, we think
that he has been treated with great
leDiency.
But Mr.. RANDALL, it is charged, while
Chairman of the Committee on Appro-
priations, used the power given to him
by the rules of the House to obstruci
such .'rocee3ings as did not meet his
approval. 1t is useless to discuss the
truth or falsity of this charge. 1t is
believed to be true by perhaps
a majority of the present House
For this reason and this reason alone, i
is proposed to amend the rules SO that il
shall not be in the power of any on,
member, being Chairman of the Commit
tee on Appropriations or any othe
@, N mmittee, 10 thwart the will of tn,
majority indefinitely. The proposal t,
amend the rules for the purpose stated
is not aimed at Mr.. RANDALL any NOR
than at any other member. Thc obiec
is to remedy what Democrats an,
| Republicans alike declare to be a seriou
obstruction to public business. 1t ma
be that the use made of the power o
which it is proposed to rob the Chair
man of the Committee ON Appropriation
by Mr.. RANDALL. made the necessit
for a change in the rules more apparent
but it is absurd to say that propositio
to change the rules in this or any othe
respect is blow aimed at Mr. RANDAL
or anv one else. 1t is measure of sell
protection well warranted by past ez
perience, and should be pressed wit
vigor all along the line.
What would be thought of rule c
the House of Representatives of th
State under which the Chairman of til
Committee on Appropriations coul
defeat any measure supported by les
, than two-thirds majority?
The clarion., 1885-11-25
A Faithful Correspondent Hearti
ly Endorsed.

EDrToR CLARIoE:-A correspondent ot
The CLARION, signing himself Faithful. ,
speaks in warm terms of Hon. w. J. WAT
LrNGToN for Clerk of the incoming Houst
of Representatives. We, Of Yazno. want
to endorse what he has said and to add
that the writer of that article knew the
man. No man in the broad limits of our
State will make better Clerk than w. ]
WATLiNGroN, and l say it with full
knowledge of the import of my words. As
known to us, he is chivalric, of the strict
est integrity, systematic, thoroughly con-
versant with the duties of the of6ee,-a
live, energetic man, who will always be al
his place and sec to it that every thing
pertaining 70 his Office is in order He
will always be ready to give members any
assistance in referring TO bills or other
documents under HE charge without delay.
He Is unpurchasable, and the man who
would attempt to bribe him would attempt
10 bribe him would too quickly find him
self exposed. Positive, and firm, yet CON
siderate and kind, he possesses every ele-
ment to meet every REQUIREMENT OF the
position which his friends ask for him.
We make reference, with pride, TO his pnb-
lie acts as public servant, knowing full
we'll if they had not been commendablv,
the Argus-cyed ghouls who dig into the
mines Of legislative literature would have
long since prepared for him political
shrcud. With no superior for the place,
and with few equals, Yaxoo presents him
~ her representative for the Clerkship.
feeling that to bestow it upon him would
Be but just tribute to an honored and
deserving representative Of a. modest and
yet as loyal : Democratic eDunty - ever
built Denocrafic pyramid in perpetuity
The clarion., 1885-11-25

Leon Harris, a County Convict.

The Commercial Herald criticises tn.
pardon of ore LEON HARRIS, who Wa,
committed by Justice LowENBERG, of
Vicksburg, to imprisonment in tn,
county Jail for 120 days, ard wants t,
know who recommended the pardon, an,
says the Governor has been deceived
etc. HARRI- was sentenced on 18th a1
October. On 9TH of this month Judg,
LowENBERG wrote the Governor, anc
amcng other reasons why the pardon
should be granted, said "oince imposing
the aforesaid penalty l am satisfec
there is some spite-work in the matter
and more feeling being manifested thai
ought to be; nd now, in consideration
of the fact that HARRIS has been i'm
prisoned in the county Jail under ant
by virtue of said judgment from Octo
Der 18th, and believing as do that th,
ends of justice have been fully met, am
that ample punishment has been i'm
posed, respectfully ask that you gran
unto him an unconditional pardon fo,
the unexpired term of his imprisoh
ment."
The clarion., 1885-11-25

The father of waters has given vicks
burg the cold shoulder by finding new
channel further west; but so far from
the business or prosperity of that cit,
being diminished, both are steadily on
the increase. The steamboats, are missed
from their former landing along the cit,
front, but immense passenger and freigh:
trains from north and south, east ana
west, give the city en- air of life and
thrift that more than compensates for
the change. The erection of new stores
and residences, the increasing value OF
real estate, the location of the shops of
the L. N. O.& I. Road, are allindication.s
of a substantial present and cheering
future for the Hill City.
The clarion., 1885-11-25

A SINGULAR fatality resulted from
surgical operation recently performed b,
Or. J. r. MCLEOD in Noxubee county
under the following circumstances: Th
arm of Mr.. FL. A. IRELAND having beei
caught in gin and badly lacerated
DR.. MCLEoD attempted the operation o
skin grating, using for the purpose ski,
taken from the arm of Mrs. HARLANn
On the following day the lady was seizeC
with violent pains, and there was ever,
indication of blood poisoning. All rem
edies failed and she died the day after
Meantime young RELAHD exhibitee
similar symptoms, and he too died, ane
DR.. MCLEOD who had occasion to Us,
the same knife to lance sore on himself
was at last accounts in critical condi
ton. 1t is presumed that there wa,
poison of some kind on the knife.
The clarion., 1885-11-25

SHaEvfPoRT is one of the most pre-
tentious, as it is one of the mos,
prosperous cities in the Southwest.
Its geographical position. and river and
railroad connections, make it the com.
mercial centre of a large section
OF country. The population is abou,
twelve thousand and steadily in
creasing. 1t handles about one hundred
thousand bales of cotton annually. Two
mammoth congresses, oil mills and
factories of various kinds, give the place
. substantial business air; and we can
testify, after few days observation and
experience, that in intelligence, refine.
ment and hospitality, the people oi
Shreveport cannot be excelled.
The clarion., 1885-11-25
The War In the East.

The lates: news from the seat of wa,
in Bulgaria is not favorable to tn.
Serviana. For awhile it looked as il
their march on Sofia would be holli
day affair; but they have met will
several reverses and the tide of battle
seems to have turned against them.
They have been driven from their posi-
lions in front Of 6tivnitza and out Of
the Dragoman Pass. which il nov
ocUupisd BY the Bulearians, and hayv
failed thus far to capture Widdip.
which ~ ono time was reported To b In
3 secession Of the Seryians. It Is Be:
ilieved that the Powers will SHORTLY
irbsrveue 70 put sn end 70 the RI.
The clarion., 1885-11-25

that the more we educate, the greater
amount of idleness, vagabondisn and
general stunning of the fields and work
shops. Do YOU not
know that the tendency of modern edu-
cation-both free school and collegiate
lis to instiil a contempt for all physi-
cal labor into the minds of the youth of
the land7 So perfectly
convinced am of the universal contempt
entertained for muscle, and the false
pride engendered hy modern education.
that | have had for years a standing
offer OF $500 to be paid 10 any person
VINO VIII show me young man, grai
uate of any college, that has ever worked
n the field as a subsequent means of
livelihood IF vou GOV
that mental culture fits men and women
for something higher than mere physical
oil and brnw-sweating. the reason clear
ly discounts the mechanic and farmer
and offers premium to tramps, dudes,
drnnkards, and idlsrs generally Look
| at massachusetts, Statistics show that
he Is the most advanced State in the
| Union, so far as education is concerned.
The same statistics prove that according
| 10 population, more crime is committed
within her borders, and that she shows
greater physical degeneracy in the
human family notably among the
fenales-than any other common wealth.
Ii universal education is such blessing
these things ought not to be so.''
lrepeat, | am no opponent of educa-
ION, but l wish it so regulated as not Ia
interfere with physical labor, which il
certainly more important than mental
culture. Without any provision for
instruction in the higher branches o.
learning, people may become intelli
gent, moral, progressive. prosperous anC
happy; but without labor and a gooo
deal of it. these ends cannot be secured
The great want of Mississippi o-day, i,
more effective labor. Too many OF oul
peopie are trying to get along withou
work, and high schools and colleges d,
not tend to cure this evil. Let menta
cnl ure and physical labor be so com
bined, that neither shall antagonize th,
other. Give to every child capable o
receiving IL, good common school edu
cation; better than most of our fre
>cht OILS can now impart. This can b.
done, and at the same time, the chill,
trained to work. But when highe
culture is so exalted as to become, as i
were, the idol of a people, and labor pro
portionably disparaged, material pro,
perity cannot be expected. There mus
be done housework, sewing, cleaning
cnoking, nursing, washing, milking
churning and such like; also cutting
grubbing, splitting rails, manuring
ploughing, fencing, hoeing, sowing, REAP
ing, building, ditching, stock eeding
etc, and if all are to spend their tim
in the school and in sedentary pursuit
until they are learnedly and classical
educated, by whom will all this grovel
ing "work and labor" be performed
No ones believes that those of our voutl
= Of either sex, now aspiring to Univel
= sity degrees and honors, expect ever
engage in such drudgery.
[ again repeat that l am the advocat
of free schools to the extent o: giviu
every child in the State, a plain, goo
English education. Parents or I'll
individual should pay the costs of an
thing more. JUSTICc
The clarion., 1885-11-25
State Grange of Mississippi.
SEcRETARY's OFFrcE,
CARLISLE, MSS, October "a, 1885,

CARLisLE, MISS, October "A, 1885,
The 10Th annual session OF the Missis
rippi State Grange will be held at ths
Masonic Hall, in Durant, Miss, beginning
on the I'd Tue%d y, and 9th dav of Decem
her next. Masters of Subordinate and
County Oranges, and their wives, who arr
Mafrons, are members of the State Grange
In cases where . Master cannot attend. !
delegate should be elected, but he must b
Past Master.
Arrangements have been made for board
at &1s50 PER day Oranges mpst pay the
expenses Of thar delegates. Efforts viii
Be made for reduced rates on all railroads,
Ask for excursion tickets.
This will be % important meeting and
every Grange is earnestly urged to srnd 4
representatives. All fourth d gree members
ia good standing are cordially invised 10
attend. Hz1H A. AR, Sset1y.
The clarion., 1885-11-25
Col. W. H. MooARDLE has been ap

Col. w. HI. McCARDLE has been ap-
pointed Consul of the United States at
San Juan del Norte, Nicaragua. Not
being advised as to the desirability OF
the position we hesitate to extend con-
gratulations, especially since It is stated
that Col. McCARDLF will not accept
the appointment. The pleasant feature
about it, at all events, is that the Ad-
ministration still has faith in Mississippi
editors
The clarion., 1885-11-25

The Battenberg family. which i,
making rather stir ia Europe Just
ho"' Is descended from one HaucK, a
MAN OF small education. who was
eaitor OF a newspaper in Warsaw
sixty years ago. Prince Alexander of
hesse married the granddaughter of
TINS man, and the result OF this union
was the now famous Alexander the
Greater. Prince of both Buigarias;
ahother son who married the Princess
Beatrice OF England. and third who
Is son-ln-law OF the Duke of Hesse.
The clarion., 1885-11-25
ILLINoIs CENTRAL r. r. Co. I



From the Circuit Court of Attals conn.
ty q. II Campbell, Judge.
Liabiiity of common carrier for iajuv 10
tire stock ln transit.
ARNOLD, J.
Appellee shipped some cattle from
kosciusko to New Orleans. over anp.,.
lant's railroad, under special contract
which required the shipper, who accom-.
panied the cattle, to feed and water
them at his own expense. and bound the
company to side-track the car for his
purpose when requested to do so bv tho
shipper. Appellee afterwards instituted
suit and recovered Judgment agains, he
company for alleged injuries 10 the
c tile by delays in transportation. and
failure of the company's servants N
afford opportunity to feed and water
them.
Notwithstanding the special con-
tract, the burden of proof was on appel.
liant to show that the injury to the
cattle occurred without fallt or negE.
gence on its part. r. r. ca. q. li1ss. 90
| Mss r. Il. Go. y. Abeis, Ijad.
In the contract, no time was specified
for the delivery of the cattle at their
destination; but it was implied that it
should be done in Il reasonable time.
What would constitute reasonable
time for the purpose. is not a matter of
| general definition, but would depend
| upon the peculiar circumstances of the
case. r. r. Co. .. Rqgsdaie. 46 Mss.
The decisive quest on in this case il,
whether or not appellee, under the
special contract, requested one or more
ot the conductors in charge of the train
TO switch off the ear containing the
cattle, in order that they might be fed
aud watered. The conductors testified
that no such request was made: and the
appellee did not testify to the contrary
IN such manner as to meet jhe require
ments of law. His testi aony is that on
two occasions here quested the conductor.
or person whom he supposed to be the
conductor, to switch the ear off. Tor the
purpose of feeding and watering the
cattle; but he could not state whether
the supposed conductor heard him, and
he did not say how far he WAS from him
at the time, or mention any circumstance
which tended to show that his alleged
request vas or might have been heard.
His testimony on this point is too vague
and uncertain to relieve him from the
obligation which he assumed under the
special contract Without considering
the instructions, toe judgment is re.
versed on the facts, and a new trial
awarded
w. p. & J. B. Harris, for appellant.
Allen & McCool, contra.
The clarion., 1885-11-25

The Philosophic and Dialectic Societies
OF Vanderbilt University, Nashville, will
have their annual debate Tomorrow
nignt-26th-when the question will be !:
Resotced, That the United States Gov
ernment should enact a uniform Divorce
Law" Two speakers on each side, and
on the negative of the proposition We
notice the name of our talented young
friend, Mr.. L. B ABEL. of Batesyille.
The clarion., 1885-11-25

The Jackson, Miss, CLARION an.
nounces the preliminary movements
looking to the formation next Januar,
of State Bar Association, and says thai
Mississippi is the only State in the Union
which is without such an organization
of lawyers. In London a man has e.
become a member Of an organization
before he can even study for the profes
sion. We are that much better off than
London anyway.-The Current.
The clarion., 1885-11-25
Hon. ", D. Gibbs.
BENroNIA, Nj. s. Nov. D. 1ss

BENTONIA, Mrs, Nov. %. 1885.
EDITOR CLARION: Dear Sri see in
the issue of your paper of November Is,
communication suggesting myself a.
a candidate for Speaker of the next
House of Representatives of our State
Legislature. am very grateful to your
correspondent for the complimentary
terms in which he mentions my name
in connection with that high and honor
able office, and to other friends who
have approached me. on the same sub
ject, with offers of support Neverthe-
less, for several reasons. VIII :ch il Is not
necessary to state, | must decline to
become candidate for the position
named. Yours respectfully,
w. ID. GIBBS.
The clarion., 1885-11-25

FOLLOWING the fftieth anniversary Of
tn New Orleans Picqyine, the Jackson
CLARION recites the chief incidents in its
own foriy-eight years of existence. Mr..
Power, the present proprietor, went to
jackson "a printers boy. in 1865. We
can beaI witness up NurLh here. too. that
one OF the best ways to write first cl,ss
editorial matter is to begin with sweeping
ont the office and washing rollers.-TTe
Current
The clarion., 1885-11-25
Wednesday. November 25 lss5.
THANKSGIVING PRO, ,:LAMAlION
STATE OF MISSISSIPPI.
EXRCUTIYE DEPARrMrnr

1AEcVTIVE DEPARTMENT.
In recognition of the universal and absoluts
dominion OF the Giyei Of all good aud apr re- eating
hn marked fsvors, /, Robert Lowry. Gorerno,
hereby designate
Thursctay, the Tioenfy sirfh h,stani.
As Day Of
REVERENT AND JOYOUS THANKSGIVING
TO OUR HFAvENLY FATHER
God has crowned the closing year with many
varied and constant blessings These fnrpisI
the occasion and impress the duty of deyout prise
no pettilenoe walking in dark ness no destrueti,t
wasting at MONDAY, has visited our people Peac
order and ha pines reign throughout our bo ders
Abundant fruits, and favorable ,easons Of harvest
ing, have rewarded the labors Of the husbsn5man
Opportunities Of education for all the people ire
speotlve Of ser or race color have continued an,
inerea'ed. 1he golden period Of our state seems 4
be at hand.
wherefore, recommend and hort the peopl
Oh every creed, race and color TO lay aside ordina
AVocHtlon'' and assemble on the day designated, il
'heir places OF Worship and around their fre,ide.
ana celebrate In solemn, revereni and joyful prais
the beneiseIions OF our kind ath~r
further urge that those who have been blesse
with the comforts Of life, while expressing rhei
gratitude to God, also remember, with k pdIy syn
pathy and deeds Of charity, the needy widow an
orphan. the sick and the un ortunate and thus max
Thanksgiving Day Joy to all the people.
Given under my hand and the seal of the Stat.
TL.s1 at the Capitol this the 18th day Of Novep
Der, A. D., 1855.
prno ROBERT LOWRY.
HENRY C. MYERS Secretary 81 c...
The clarion., 1885-11-25
SOrnialism.

The luka (Miss.l Normal Institute now
mas seventy boarding pupils aud more than
ioO local ones. They-borh ladies and
gentlemen-are excellent students. ener-
gene thorough, practical. Somp of these
desire positions as teachers about January
l. 1886 superintendents. principals and
tru-tees would do well TO write to the prin-
cipal of the Normal.
The clarion., 1885-11-25
ROBERT JAMIsoN !

ROBERT JAMIsoN
&c. R. R. Co.
From the Circuit Court of Hinds
county. I. J. Wharton, Judge.
Erideaoe. Directing rerdict
COOPER, C. j.:
Appellant sued the appellee for
causing the death of his daughter.
Olivia Jamison, about eight years old.
| While walking with another child
along the track of the railroad company,
in West Jackson, she was struck and
| killed by an engine and some cars, ap
| preaching from behind Jack Jones, a
| brakesman who had been stationed as
lookout on one of the cars, testified that
he did not see the children: but accord
ing to the testimony of Allie }, and other
witnesses, he was looking towards them,
md there was no obstacle to prevent
him from seeing them. a peremptory
instruction was given 10 the jury to
iud for the defendant.
The instruction 20 find for the defen
daut was not authorized under the facts
disclosed by the evidence for the
plaintiff. If Jones was where Allen SAYS
he was, and was looking in the direction
# the children, as Allen declares he was.
the jury would have been justified in
finding that he saw them. Seeing them.
it was clearly his duty to make some
fort to avoid the injury; and however
negligentiy they may have acted, the
defendant was liable if its servant.
knowing their position, failed to exercise
due care to prevent the accident. 1t is
true that Jones denies having seen them
but whether he did or not was a question
of fact, to be decided by the Jury, and
not by the court; since there was suffi
cient evidence, if believed, to support
verdict based upon the assumption that
he did see them.
1t was error to exclude the evidence
offered by the plaintiff that Jones stated
10 viii Hays. Moore, and others, that
he saw the children before the accident
occurred. L. is true that Jones did not
deny the fact of having so stated. but |
said that he did not remembe having |
done so, and that if he did he was only |
joking. Whether he saw them was
material fact; and having denied that
he did, it was competent for the plain
tiff to attack his credibility by Sh wing
that he had made conflicting statements
TO other persons. Reversed and reminded |
u. Shelton, B. I'll. Wells, IL Peyton,
for appellant.
W. Z. & J. B. Harris, contra.
The clarion., 1885-11-25

a CHANGE of schedule took place on
the Valley Railroad on Sunday last, bv
which close connectionsarenow made wi h
the Little j. at Harriston. 1t iscontem,
plated, also, to make the run from Vicks-
burg 10 New Orleans and Vicksburg 10
Memphis in daylight, SO as to dispense
with the sleeping-nar service.
The clarion., 1885-11-25

IF we had not said anything of the re.
cent sketch of The CLARION in its Ions
and useful life as a powerful agent of pub,
lie opinion in Mississippi, it Is not because
we have not appreciated the eminent ser.
vices it has rendered The public. The
senior editor of this paper has many happv
recollections of The CLARION in ali ifs
phases of fortune, and is glad now 10
say through all these intervening vears
and changes, it has ever been bold. free
outspnkeu in behalf of good morals and
good government, and our hope Is. that i
will continue to have life of anblemishei
reputation, through many successful rears
to come--Greneda Sentinel.