davidaulloa/AmericanStories huggingface dataset:
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
OUR SUPPL E NJ ID nj.

To au horiZe the Board o 5uperV,s r.
Of the unty Of Franklin to levy an spt-
tional tax for school purposes; tabled.
To authorize the Board OF Supervisors o
Warren county TO settle with Messrs Mat
tipgly a Cunning; passed.
Act Ia relation TO public roads snt
county prisoners indefinitely postp Jned
Same in relation to Sharkey county
indefinitely postponed.
To authorize the building Of q schou
house In Claiborne county; passed.
To reduce the Judiciary expenses il
Warren county; indefinitely postponed.
To create board of pilot Commission.
ers for Natchez hsrbor; passed.
To protect any citizen in the pay ment Of
fines and costs in certain cases; indefinitely
postponed
To establish BARRED wire fences in su.
pervisor's district and 8 in TalIahatebi.
county; passed.
To amend chap 2l3. acts Of 1882, in re-
lation to swine running at large in Jefer-
son county; passed.
To amend chapter 32s. acts of 1882;
passed.
To provide for the election of a public
cotton weigher in the city of Grenada
passed.
To incorporate the 6remenNs charitable
association of Meridian; indefinitely
postponed.
For the relief of b. F. Cameron and
others; placed on calendar.
Act TO encourage horticulture and to
permit the sale of domestic wines in Oktib-
beha county; tabled.
4 To kn haa.1 r.
of Lowndes county to aid in building
public school house; passed.
| Act to incorporate the town of Jones.
town in the county Of Coahoma; passed
| To incorporate anew the town Of Scooba,
in the county Of Kemper; passed
To incorporate the Tokeba Bayou and
Wolf Lake Navigation and Improvement
Company, of Yazoo county; passed.
To incorporate the town Of Knoxville, in
Franklin county: passed.
To amend an act to amend and reduce
into one act the acts incorporating the
| town Of Kosciusko, in the county ofAttala;
passed.
Act to amend and enlarge the charter of
the town of Raymond; passed.
Act to amend act Incorporating the Blue
Mountain Female College, in the town of
Blue Mountain; passed.
Act to amend act to incorporate the
McComb City Steam Engine and Hook
and Ladder Company. in the county of
Pike; passed.
To incorporate the town Of Ocean
Springs passed.
To amend and incorporate into one act
the acts incorporating the town of Bolton;
passed.
To amend an act to amend section Is of
an act to amend and reduce into one act
the acts Incorporating the town of Kos
ciusko; passed.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

In favoring the repeal of the lien law
Senator Ross made the following able
argument:
This species of gaming has all the de-
moralizing effects Of other kinds.
Lawyers favor the repeal because
property has become 80 deprecated
that 1t il hardly worth the cost of de-
termining to whom it belongs.
Doctors favor Its repeal because,
while people will persist in the injuri-
Gus habit 1 getting sick, under the OPP
Grafton of this law, they have become
totally unable to pay for the necessary
medical attention.
Merchants favor its repeal because
the country has become poorer until
even with this security they can hard
ly make their business pay.
Farmers favor the repeal Of this law
because they have tried it eighteen
years and found II q failure. 1t has
rendered labor unreliable, labosers
dispirited and disheartened, their
farms almost valueless and themselves
and their families almost paupsrs.
LAborsrs favor it, repeal because
they have tried 1t for all these years
and have seen no good in because
they have worked for eighteen years
and find themselves poorer to-day
than they were when they began. Be
cause they have seen under this law
their wives suffer for even the nscessa-
ries Of life and their children grow up
uneducated and dsmoralized.
Mechanics favor its repeal, for under
| It their avocation il gone, their wages
have sunk lower and lower and lower
until skilled labor Ia no longer in de-
] nand because II cannot be paid for.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
L, q A. ScHARFY.

L, b A. scHARFy.l
vs..
| Jules A. Lisso.
Appeal from the circuit court Of Adams
eounty-Reed q Reed for appellant
Claude Pintard for appellee-Opinion Of
the court by Cooper, @. j.
Appellant sued appellee in circuit conrt
Of Adams county for an acceptance of Lisso
& Sheen, OF Coushatta, La, dated October
3, 1887, payable four months thereafter I'm
New Orleans. The appellee pleaded the
statute Of limitation, and appellant fled .
replication setting up q judgment against
Scheen the partner Of appellee obtained I'm
the U. s. circuit court Of Louisiana, but
failed to over that IL had not been paid. A
demurrer to this replication was interposed
and appellant made . motion for leave to
file an amended replication. This motion
was overruled, and final Judgment was
entered for the defendant.
HKLD-That from the argument Of ccun-
sci both for appellant and appellee, and
from the fact that prominence Is given In
the bill of exceptions to the fact that plant
III did not apply for leave to amend his rep
LEGATION, until after q demurrer thereto had
been filed, we infer that the court declined
to permit the amendment II the replication
to be made on the ground that the court had
no power to permit such an amendment to
be made at that stage Of the pleading. The
appellee relies upon the cases of Ross ct al,
vs., Sims q Miss $50, and n. b C. r. q. vs..
Orr 50 Miss $40, to support the proposition
that on sustaining demurrer to o replica
ton, the judgment should be final, and not
REsPoSDEAT CUSTER. Those cases do de-
eide that, but they do not decide that upon
application, leave to further reply may not
be given In neither of these cases was there
an application for leave to amend and 20 far
as..we know,it has never been held that such
leave cannot be given under our statutes
which allow all amendments to be made to
bringthe merits Of the controversy in issue.
The demurrer to the replication was
rightly sustained, The statute of limita.
tions Of the LEX ..FoRI, and not the LEX
LOCI coNTRAcTu, must govern. If, as the
replication suggests, the intention Of the
pleader was to insit that the defendant can
not involve the benefit of our statute, be
cause his place Of business was In another
State, 1t could avail him nothing, since, II
the defendant has been q resident Of this
State more than six years Immediately be.
fore the institution of this suit, he cannot
be declared of his defense merely because
he had place of business in another State,
II the defendant has not resided in this
State, that is sufficient replication, since By
section 2157 Code 1871, the statute only be.
gan to run in his favor after he came into
the state. But such being the facts, 1t 10
wholly immaterial whether or not the stat
ute of limitations Of Louisiana has run in
his favor, unless it bars the right az well 90
the remedy. For the error Ia refusin to
allow plaintiff to withdraw his replication
and reply anew, the judgment is reversed,
and the cause remanded.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

CURED appellee TO give bond TO appear sf
the:circuit court. But as he had jurisdic.
ton Is CONSERVATION Of the peace Of the %
fence charged, and acted in good faith, he
is not liable under the circumstances for err
rors Of judgment or mistakes Of law in the
execution OF his Office. Little W. Moore,
Am. Dec. b74. Blackstones Com. S54. 0
Waites actions and def. 216. The record
shows no cause Of action against either Of
the appellants, Reversed.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

Go preach it ON the house tops-tell
It Ii Gath and other counties and
herald it to the world, that the circuit
court Of Warren county has at Last
convicted man! After I'll the jeert
and jibes that have been hurled ut that
good old county and her circuit court
it has really succeeded in making
oonviction.
Poor man! How poor and destitute
and despised he must have been, fol
the circuit court Of Warren county Ia
have convicted him.
Int no, hold, there were even TIVE
convicted on the same day, and sen
tened to the penitentiary. VIVA
strange revolution has been wrought ID
Iar1el, that convictions can be had In
Warren as in any other county. Va
hope to see the good work 60 on aud on
ninth she shall take the front rank a. q
peaceful and law abiding county.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
sENATE-FoRTY-NINTH DAY.
SATURDAY, March 6, 1886.

Senate met pursuant 10 adjournment,
Hon X. o. Reynolds in the chair.
Leave Of absence was granted from day
to day 10 Messers Sykes and Brenham
Under suspension Of the rules, Mr.. Ross
introduced an act 10 better protect the
lives Of persons who travel on ailroads;
railroad committee. Mr.. Ross, . nemoial
10 the Legislature from the Knights OF
Labor Of Water Valley; referred.
Divers House bill . were take. up and
referred.
House amendment TO Get to authorize
the Governor, Attorney General and at
torpey for the railroad con mission 10 settle
with certain railroad companies; concur
red in BY the Senate.
ii. G. R., in relation 10 the adjourn.
ment Of both Houses Of the legislature on
Saturday next, adopted BY vote Of 10 to IA.
Act to amend act to change the time Of
holding the circuit courts Of the ststs;
passed.
The local option bill was taken up.
Mr.. Packwood withdrew the substitute
heretofore offered by him.
Mr.. Packwood offered to amend:
Provided, That said license shall have
been granted for at least 60 days before
said election was ordered; tabled.
Mr.. Guyton's amendment was adopted.
Mr.. Binford offered an amendment,
which was tabled, as was also Mr., Dodds
substitute.
An amendment offerIsa BY Mr.. Burkitt
was tabled.
Mr.. Smith offered an amendment which
as tabled.
The bill passed by vote of 81 to IL,
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

On Thursday morning last an Tex
curfing' member from one Of the
piney woods counties offered the fol.
lowing resolution:
Whereas, this Legislature has new
BEEN In very laborious session fol
nsaTly ten days, without going on IN
sxenrsion, ALIAS, iunketins, trip there
fore
"Be it Resolved, by the House, the
state concurring,-That II any r. r
Company will be % kind - TO offer M
! ne train, wo win gladly and unan-
imonsly accept the preferred eourtesy'
whiting any point they may suggest,
provided transportation ID free and
Ihrimp, maccaroni, or cham and egg
md free drinks are furnished for ths
inner man."
III the great confusisA created
81 the hilarious efforts Of msm-
oers to second the motion" and
.onll the previous question:" . mean,
making, contemplate member, who
proved to be the only foe in the House
10 he resolution, managed, by under.
handed proceedings 10 get through q
motlon to adjourn. Charges have been
prsfsrred against the member, declaring
him unworthy of seat In the House,
And his expulsion Is looked for daily.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
Observation-Disclosures DAY

OBSERVATION-DISCLOSURES DAY.
The report Of Committee that the
Office of Swamp, Land Commissioner
should be abolished, was adopted. and
the bill abolishing that Office was
passed.
On motion, the request Of the Senate
for committee of conference on the
act for the relief Of Judge Watson was
agreed to, and Aessrs. Gwin, Harrison
and Eskridge were appointed.
A bill was passed repeating the act
Of Incorporating the British and Mis-
sissippi Freehold Land and Mortgage
Company was passed, with amend
ments.
A bill to secure the payment OF
wages of laborers or workmen or rail-
roads in this State was passed.
At the night session the appropria-
ton bill was taken up and on the very
first item, which was 81 $50 for the
Librarian, much discussion was had.
Mr.. Burkitt opposed appropriating
more than $500. Mr.. Summsas arose
and stated that he favored retreneh-
ment, but that he would pass the wo-
mans salary before he began retrench-
ment. The item was finally passed
and they proceeded slowly with de-
bate on nearly every item, and at IL
thsyadjourned.
|sENATE-FORTY-EIGHTH DAY.
Senate met pursuant to adjournment
Hon. r. o. Reynolds in the chair.
The committee on Federal relations
recommended the adoption Of resolu.
ton instructing our Senator'S and re
questing our Representatives, In Con-
gress TO favor the passage Of IN aci
giving pensions to the surviving sold
iers Of the Mexican war.
Mr.. Burkitt offered the following
resolution, which was tabled.
Resolved, That the Senate accept thu
invitation 70 visa the Blind Asylum
tonight and make the local option
blu the special order for tomorrow
morning ct 10 o'clock
Mr.. Burkitt was granted leave Of abb
ssnes fron an night ssssisns.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

The deliberations Of our State Sen
ate are characterised BY thoughtful
consideration and conservative wisdom
and no matter what may be the sub.
let under discussion, the auditor In
.he gallery never fails TO- be repaid fol
his presence by the wise and practical
observations of the reverend seigniors,
evincing profound research and thor.
oueh acquaintance with the subject
matter,
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

The old clothes are coming to the
front nobly. "Wool Hat" and "Old
Boots, and ether articles Of wearing
apparel are crowding our nsighbor Of
The Clarion with communications. We
watt breathlessly for old socks. F"
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
AMOS VIRGIL, |

THE STATE.
Appeal from the circuit court Of Copiah
county-H. C. Conn for appelIant-At-
torney-Gensral Miller for appellee
Opinion of the court by Campbell, J.
Appellant was indicted for the murder OF
an infant child of Nancy Williams. The
death Of the child was caused by the burn
ing Of Its mothers home, snd there was
some circumstantial evidence against ap-
pellant. The second instruction given by
the State was that "The jury have power
under this indictment to find defendant
guilty of granddaughter" The verdict of
the jury was equity Of manslaughter.
Held. That the second .instructio nwas error
Such an instruction Is ordinarily free from
objection, because it Is favorable to the de-.
PENDANT but in this case the question was,
who committed the act which caused the
deathi There could he no difference Of
opinion as to the grade of the offenss. Il
was an attrocious murder, and while YER
let Of guilty Of manslaughter given by q
jury without instructions might not be set
aside, IL the evidence justified Q eonvic.
ton OF murder. the jury should not be in.
structed to consider the grade Of the oasnse
when the sole inqbiry Is who il guilty. The
danger OF such an instruction is that the
jury may take license from it to find YER
dict Tor granddaughter, upon testimony on
which it would shrink from rendering .
verdict Of guilty Of the higher crime charg-
ed. This was illustrated In this case, for
the jury found verdict Of guilty Of man.
slaughter on evidence on which 1t was un.
willing to convict Of murder, and on which
in our opinion, no jury should render such
q verdict. Reversed and remanded.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

The strike Of the car drivers in New
York City, which reached sach an sx-
tent that for o while not . single street
car was running, was ended last FRI
day, by the company's making conces-
sions to the men.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

since the officers here broke up the
interstate chicken Aght, the members
81 the Legislature have been disgusted
vith Jackson, and determined to ad-
journ aud leave the place - soon ~
p0ssibls.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

Sam Jones' work Is terrible, but II
doesn't last well. The city council Of
birmingham have already repealed
the rigorous Sunday law passed. Sam
was holding q revival there.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

sWe are doing nothing just as rapid
" - we can" writes the Representa-
tive from Marion to his home paper
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
HOUsE-FORTY-NINTH DAY.
SATURDAY, March 9Th. 1886.

SATURDAY, March 9Th. 1886.
House met pursuant 10 adjournment
Speaker Sharp in the chair.
Mr.. Mckinney called up an act to better
provide for the regulation Of the sale Of fer.
tilizers, and for other purposes; agriculture
Leave Of absence was granted TO Messrs
w. T. Mcdonald, Marks and Young.
Act to prevent certsin stock from running
at large in certain portions Of Yasoo
county; passed.
Act TO authorize the res istratien Of coun.
ty warrants in Wayne county; passed.
Act to provide rule of evidence % 10
lands sold by the Board Of Liquidating
Levee Commissioners; passed.
Motion to reconsider and table; passed
An act to exempt money loaned on real
estate in the counties of Warren and Washs
ington, in this State, from levee, county
and municipal taxes, and for other pur-
poses; passed.
The Senate amendment to the Local Op.
ton bill was coneurred in.
For the relief Of J. F. Moore; recon-
mitted.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

n is generally thought that the
so.,.. will pass the Senate bin to Gre
- . st.ts Board Of Eqalization,
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

The usual case of suicide occurred o.
vicksburg last week. 1t was o MI
parsons, a stranger in the city th''
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11
In u. count the ballots ofa people
"a ~, sar. not who does the Young

The employees of the Texas ana rs.
cif,e road have struck. ana m"'"
trouble Is apprehended.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

The Blair Educational Bill pass
I'd ths Senate last Friday. Only
si~ht Democratic sad three Republican
ssnators voting against the passage
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

Go the Capital Commercial Col.
e at Jackson. Miss, for q thorough
Iainess training. It has no superior
4 Commercial College in the South
IN 20 of, for a commercial training
4 city where the cost win DO three
n,es as great as at q better school here
the Capital of Mississippi?
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

meS5Eb. bOioO Vyict SS0f -.
wilkinson, Rowan, Williamson, OF
Carroll, Cook and Roseborough favored
the passage Of the bill In speeches, and
Messrs. Burkitt, Scarborough, Jones of
Claiborne, and Rush spoke against 1t.
The bill passed after O long debate by
vote of 81 to so.
The bill TO allow the qualified else-
tors Of Coahoma to vote upon the
proposition to move the county site
from Friars Point to Clarksdale. The
bill finally passed.
An act granting relief from the PEN
alties imposed, and to render enforci-
BILE certain contracts under section 4se
Of Code; passed. >
To amend chapter SO Code Of 1850
In relation to insurance companies.
Messrs. Magruder, McCabe, Trigg,
Williamson, Of Kinds, and Burkitt
spoke In favor OF the passage Of the
bill; Messrs. Gibbs and Williamson, of
Carroll spoke against it.
Mr.. Hoyle offered an amendment,
which was lost the bill passed.
An act to amend the law In relation
to attachments for rent was passed.
An important bill to regulate the
sale Of property under mortgage and
deeds of trust, and to guard the mort
gage, was passed.
The bill to pay Judge Watson, was
taken up and the Senate amendment
to increa se 1t from 5000 to 5000 was
considered and In this amendment they
refused to concur.
The Governor opposed the act to
prohibibit the sale Of liquor In the
first district Of Prentiss county.
At 6;15 the House adjourned.
OBSERVATION-DISCLOSURES DAY.
The special order of the day being the
bill to repeal the law prohibiting OFF,
GERS from accepting free passes. After
long debate it was indefinitely post
poned by q vote 20 to 10.
The following combinations have
been made by the Senate:
AZ Levee Commissioners Of the
Yazos, Mississippi Delta District-C.
L. Robinson and C. L. Crews, Of Tuni-
ca county; Thomas w. White, of De
Soto, Thomas Collins, Of Sunfower
B. w. Sturdevant, of Tallahatshie; b.
8. Kicks, Of Yazoo; J. T. Townsend
and w. H. Stevall, of Coahoma; w.
A. Turner, Of Quitman.
As Superintendents for Education
8. B. Dobbs, for Choctaw county; J. 8.
Lamkin, of Pike county J. M. Graf
ton, for Lincoln county.
Senate adjourned.
NIGHT SESSION.
Senate met pursuant to adjournment,
Lieut.. Gov. Stands in the chair.
Act for preventing the evil Of intem-
perance, by local option, in any county
in this State, by submitting the ques-
ton of prohibiting the sale Of intoxi-
eating liquors, to the qualified voters of
each county.
On melton of Mr.. Harvey, was,
made special for Friday night.
To authorize the Secretary of State
to furnish the Code to J. HI. Makendro,
. justice Of the peace Of Tippah county
indefinitely postponed.
Act for the better protection of Ship
Island Harbor and the roadbed Of the
same in the county of Harrison, passed.
At 10 p. m. the Senate adjourned.
The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-11

Mr.. Houston: To repeal section two OF
an act to regulate the sale Of oleomar-
garine, aud TO promote the public
health agriculture.
Mr.. Houston: Act to regulate the
sale of seed cotton; agriculture:
Mr.. Houston: Act to amend section
1880 In relation to service Of process
upon infants; judiciary.
Under suspension Of TIE rules, Mr.
Dodds called up an act granting relief
from the penalties imposed and to
render enforceable certain contracts un-
der section $50 Of Code made special
order for Tuesday, March 9th.
Act to provide compensation to
Judge Watson for legal services, etc.,
was called up by Mr.. Kemp.
Mr.. billiard moved that the Senate
adoDt the report Of the conference
committee and the Senate receed from
it, amendment; the motion prevailed.
Act to amend chapter 20 Code, 90 as
to permit Chancellors to take sab
mission and decide causes in vacation
passed.
Act to amend section 1854 Code, in
relation to the selection of grand jurors
passed with amendments.
Act to amend section 1885 Code, In
relation to giving notice to absent OF
non residents, in cases for the enforce
ment Of the lien of merchants before
justices Of the peace; passed.
Act to require telegraph companies
to deliver messages within a reasona-
BILE time; passed.
Act TO prohibit the sale Of liquors
within fourfmiles Of Prairie Station
passed.
The Governor has nominated, and
the Senate has confirmed the nomina-
ton, Of Hon. J. H. Wyn, Of Coahoma
county, as Judge Of 4th Judicial Dis
trict, in place of Judge Trimble, re
tired.
Senate adjourned.
EVENING SESSION.
Speaker Sharpe in the chair.
Mr.. Trigg offered the following reso-
luton; be it
Resolved, That all debate on any bill
hereafter introduced or any now be-
fore the House, shall be limited to
thirty minutes, which shall be evenly
divided between the friends Of the bill
and those opposing its passage, except
appropriation and revenue bills; lies
over.
The House then resolved itself In
committee Of the whole and resumed
consideration Of the appropriation bill.
After sometime spent therein, progress
was reported and permission granted
to sit again.
Mr.. Cutrer called up an act to amend
an act to change the time Of holding
circuit court in the 4th Judicial Dis
trict; passed.
| THE Governor has approved the fol-
lowing entitled House bills:
An act to provide compensation to
Judge Jno. w. G. Watson for legal
services rendered the State of Missis-
sippi in the railroad supervision eases.
To prohibit the sale of liquors in the
town Of Ebenezer.
Toamend sections 1876, 7S9 and TAI Of
the Code.
An act amendatory and supplement-
al to an act to regulate the practice of
dentistry.
An act to define and punish the crime
of polygamous doctrines and principles
and Of persuading persons to adopt or
embrace the same.
On motion, the House resolved itself
into committee Of the whole for the
purpose of considering the report Of
the committee on appropriations.
After some time spent therein the
committee arose, reported progress and
asked leave 70 sit again.
Report received, permission granted
and House adjourned.