davidaulloa/AmericanStories huggingface dataset:
The sun., 1890-06-18
Tho Validity of the Bribery Bill.

A bill was passed by the last Legislature
amending the laws relating to bribery so as
to make 1t felony for any public officer, his
deputies or subordinates, to ask or receive
any emolument or gratuity for doing or
omitting TO do any official act except such
fees as are prescribed for the particular SER
vices rendered.
This bill received the approval OF the Gov
ernor, but serious doubts have arisen as to
whether it has really become a law. The
name OF the Assembly Is omitted from the
enactlng clause, and it Is suggested that
this omission deprives the bill Of the char
acter OF a statutory enactment and renders
it unconstitutional and void
The enacting clause Of the bill as passed
and signed reads: The people Of tho State
OF New York, represented in Senate, do en-
act as follows" The enacting clause should
read. "Ihe people Of the State OF New York
represented in Senate and Assembly, do
enact as follows"
That this omission is no light matter Is
made evident by a reference to the Constitu-
tion OF the State. Section IA OF Article III. Is
In the following words: "The enactIng
clause OF all bills shall be, The people of the
State OF New York, represented in Senate
and Assembly, do enact as follows, and no
law shall be enacted except by bill" Here
we find that the form Of the enacting clause
OF all statutes Is expressly prescribed in
mandatory language, the verb "shal" " be-
Ing employed. A similar form has
been in use ever since tho colony
OF New York was organized into
State. The enacting clause of the first
chapter OF the laws passed at the first ses-
sion OF the Legislature beginning Sept
TO- 1777, reads: "Be 1t enacted and declared
by the people OF the State of New York rep.
resented In Senate and Assembly, and it ia
hereby enacted and declared by the author
ity OF the same" In the essential particu-
lar, therefore, OF referring to both branches
OF the Legislature, tho form is not only
fixed by the Constitution, but sanctioned by
usage extending back to the foundation Of
the State Government.
In the face Of the positive constitutional
requirement that the enactIng clause OF all
bills shall be in the prescribed form. how is II
possibleto hold that the new bribery statute is
Valldf Only by saying that the provision Of
the Constitution is directory, instead OF
mandatory. Courts sometimes distinguish
partA OF statutes by holding that while
some oi them are positive commands. others
Se merely directions which ought to be fol
The sun., 1890-06-18
TEA CHER MERRIAM'S $50. 900.
The Surrogate Approves His VIII Be
queathInE II to Uncle sam.

Surrogate James II. Tuthill Of Suffolk county
has decided that William W. Merriam, the
eccentric school teacher who bequeat hedkhis
entire fortune of 100000 to the United States
Government. was competent TO make n will,
and has admitted tho document 20 probate.
The contestants were Merriam's four sisters.
who live in Connecticut They attempted to
prove their brother OF unsound mind In the
testimony it was shown that Merriam had a
mania for making wills in favor OF little girls
and favorite pupils, He, was 50 years old
part OF his life teaching school in Suffolk
county. He was known 70 hire, children to at
tend his school. One OF his hobbies was to riso
In the middle Of the night and blow u Ash horn.
dance and sing nursery songs until he aroused
the whole neighborhood.
The reason he gave for willing his estate TO
the aGovernmept was that it Was rich and
could afford to fight his relatives should they
contest it, After his death money and bonds
were found stuck in Il the esnE e and
q brother Of tho publishers OF W9bster's Die
tonary in Boston. The courts will be asked 10
set inside the SurroEates s deClsion.
The sun., 1890-06-18

lowed, buta disregard OF which is not fatal
to the exercise OF power Hereunder
In 1858 question arose In this State as to
whether the constitutional requirement
that the yeas and nays shall be taken
upon the final passage of bill and entered
on the journal had been complied with In a
particular case; and the Judge who wrote
the opinion OF the Court of Appeals, after
declaring that there had been full COM
pliance with the provision, went on to gay
that 1t was merely directory to the Legis-
lature." This remark, however, was what
lawyers call an obiter dictum. It was not
necessary to tho decision OF the case, and
does not constitute binding precedent.
Furthermore, 1t has been dlsapproved
by some OF the ablest constitutional
lawyers In the country, and seems very
unlikely to be followed. Mr.. Justice COOLEY
says In his classical work on American Con-
stitutional Limitations that the decision we
have mentioned Is at variance with the
weight Of authority; and he truly declares
that "tho courts tread upon very danger
ous ground when they venture to apply tho
rules which distinguish directory and man.
datory statutes to the provisions OF Con-
stitution."
These considerations render 1t probable
that the Anti-Bribery Amendment act OF
1890 is fatally defective. Its provisions are
excellent, however, and should become law
in 1891, IL the constitutional objection which
we have discussed proves to be well taken.
The sun., 1890-06-18
4 CLOSE WA1Cn on MIR. BEArT1E
Garbage Must be Collected by Night or no
win be Renorted TO the Mayor.

Garbage Must he Collected by Night or he
will be Reported to the Mayor.
The directors Of the Ladies' Health Protec-
tive Association met at the residence OF Mrs.
Clark Bell. los West Forty fourth street, at l0}5
o'clock yesterday morning. There were pres
ent Mrs. s. A. Ostrom. Mrs, II. Trautmann. Mrs.
NJ. j. RavenhilI, Mrs. NJ. +. Schoen, Mrs. S.
Baum, Mrs. NJ. j. Herbert Mrs. QDFender, and
Miss Iiarcelow.
Three weeks ago Mrs. Bell proposed n reso-
luton asking that gar bage and ashes be col
lected at night instead of during the day, but
it was laid on the table, as ono OF the Board
had heard that Mr. Beattie was going to try
the plan bimself. AS nothing had occurred to
confirm this roport, the resolution was taken
UP yesterday and was passed unanimously
Before tho ladies' adjourned they resolved that
II MIR. Beattie doesn't take action in the matter
within ton days they will send a committee OF
five to Mayor Grant and ask him to interfere
The committee is COMPOSED OF Mrs. Schoen
Mrs. Pearce, Mrs. Fender, Mrs. Ravenhll and
Miss BarcelOw. As the directors will hold no
more meetings this summer, tho committee
has been left with full power to act for the as
SOciatlOn,
The sun., 1890-06-18
And What Make You at wittenberg ?

At Springfield, In Ohio. not far from the
waters of Mad River, is respectable
Lutheran institution OF learning called Wit
tenberg College. A few days ago the STU
dents Of Wittenberg held a mock political
convention for the purpose OF nominating n
Democratic candidate for President OF the
United States In this convention GROVER
CLEVELAND was nominated by an over
whelming majority. The youth OF Wit
tenberg promptly informed Mr.. CLEVELAND
Of the result, and filled him with overwhelm-
ing joyG He addressed them In letter full
OF solemn e4hortation which must have edi-
fled them greatly. 1T seems to me, wrote
the Wittenberg candidate in rapture Of
gratitude, "that l ought to express the
satisfaction afforded mo by the kind express
sion contained In your letter Of the 7th inst,
accompanied by the announcement that at
q convention held by the Excelsior Society
of Wittenberg College was nominated for
the Presidency. So far as the action OF the
young men OF your society may be taken as
evidence of their friendship toward me. Of
course it is gratifying" After thus express
ing his personal comfort, Mr.. CLEVELAND
indulged in his usual stock Of pompous
commonplace. The nomination was only
one OF q number OF mock nominations which
he has received from undergraduate nom
voters. Doubtless 1t is gratifying to him TO
believe that the vote OF the people who
don't vote seems to be solid for him.
We submit to the authorities who have
charge OF the government and discipline OF
Wittenberg College that they have duty
to perform in this matter. They ought to
teach the young men In that institution to
respect the Office OF President, and not to
play upon the foibles and the monomanis OF
a former occupant OF the Office. Gravely to
encourage Mr.. CLEVELAND In his delusion,
fool him to the top Of his bent, and draw
from him a ponderous letter penned in the
sweat Of his elbow at the sweltering season
OF the year is something more than
thoughtless Joke. 1t ia disrespectful, un-
kind, cruel. The young Wittenbergers ought
to have more respect for an ex-President,
and not lead him into needless exhibition Of
his weakness.
1t seems to have become recognized joke
In the smaller colleges to hold mock conven-
tions and nominate Mr.. CLEVELAND for Pres
ident. In fact, there is lamentable ten
dency in some Of the colleges to use Mr..
CLEVELAND as n sort Of substitute for
and successor OF that celebrated aca-
demic lecturer and human universal die
tionary, the late Hon. DANIEL PRATT, G. A.
7. Such a tendency ought to be checked at
once. 1t Is downright unkindness to make
n man OF Mr.. CLEvELANDs waist measure
write letters In hot weather.
Wttcnberg should reform.
The sun., 1890-06-18
A Missouri Deliverance.

lit be thought that the Democratic party
OF Missouri desires to remain standing with
both legs in the tariff ditch, we refer them to
the Hon. NJ. E. BENTON, OF Neosho the per-
manent Chairman Of the Democratic State
Convention which met at st. Joseph last
week. Mr.. BENTON assumed his honors with
some advice to his party OF far moro ex-
panded scope than that which Of late years
has been narrowing Its majority with such
threatening steadiness. His speech may
be said to have eliminated In this:
Let the Democratic war cry bs tariff reform and
free and unlimited coinage Of silver"
The enlargement Of the Missouri platform
beyond its former restriction to free trade
championship Is not the most interesting
phenomenon Of this awakening In the direc-
tion Of normal politics. Coupling a dec
laratlon for free silver with the old
programme leaves no question as to the
Missouri Democrats deliverance from the
hypothesis that their sort of tariff re-
form is inseparably bound within the ro-
tundity OF GROVER CLEVELAND. II there
has been any principle declared unmistak-
ably by the Stuffed Prophet, now OF William
street, since his election In 1884 it is his un-
compromising intolerance Of silver coinage.
AS for the respective merits OF free trade
and free silver. no Democrat will incline to
criticise his Missouri brethren at such hope
ful evidence OF returning health.
The sun., 1890-06-18
KEPT MS BANK OUT or 1T.
Gov. LOunabury Wasn't DiscOuntInG Notes
I'r Republican Ieagurrs.

In his suit to recover printing bill Of s12.-
600 from the Republican League Printer Mar
tin testified that he had withdrawn tho suit as
against ox-Goy. Lounsbury OF Connecticut,
Treasurer of the League, on Mr. Lounsbury's
assurance that he would soc that he bill was
paid. Mr. Lounsbury testified yesterday be-
fore Referee RaeGener that what no said was
that il Mr.. Martin had done work for the Re-
publican party he ought to be paid for it and
Martin paid Martin admitted that he didn't t
know whether 1t was the League or the Ma
tlunal Committee that owed him the money.
4" don't owe Tallmadge n Martin u red
cent" said MIR. LounsburY He said that he
bad refused TO allow the Merchants Exchange
National Bank, OF which he is President, to
discount notes for tho Keuublcan League or
any member Of It because he wanted TO keep
his affairs as President OF the bank and as
Treasurer Of the League entirely separate
The sun., 1890-06-18
HHkRE's COMSTOCK,S MANp
HiIIIard and His Evidence Against a Lot OF
Policy Dealers Missing.

John Hilard special o1lcer in Anthony
Comstock s office, disappeared from his lodg-
ings. GA Hancock street Brooklyn, five weeks
ago. and has not been soen byhis friends since.
Ho had been active in recent raids on the pol
icy shops and was to have been witness at
tho coming trials OF about 100 offenders. There
are several theories as to the cause OF his dis
appearance. friend OF his thinks that the
But tho police have not been notified and other
acquainlances have no apprehensions. about
his safety At GA Hancock street and at 80
Joralemon, where he boarded some time ago.
billiards acquaintances say that he was drink
Ing heavily at the time OF his disappearance.
The sun., 1890-06-18

Our esteemed contemporary, the Atlanta
Constitution has been examining the tax books
OF 1884 and 1889 with view to determining
whether the Georgia farmers have been pros
porous or not in the last fve years. We give In
Its own words the result OF its researches:
The Official records show that two thirds of the
farmers Of Georgia gained ground Handsomely in hve
years while third lost little. Tho gamers gained
80 per cent while the losss only lost is per cent The
total gain by tWohrds OF the farmers heard from was
Sl29osls and the total otS by the losing third was
ess+eOI leaving net gain Of SSo57i In the whole
List OF S9l farmers
"Ths list is thoroughly representative one not tho
rich or the poor but average farmers taken at random
and looked up on the tax books AftsTWLrd.
THE story simply this that 1894 farmers started
out in ss4 with property OF 1856 and in
ve gained average OF $3.50 At the Same time
CAT larger farmers started ont with an average property
OF SS72S and Loaf $3.50 each.
If this TGHo rams through the 10000 WhitS farmers
Af osOEEA tNOthlENl VI thSm hare EAiASa lSk0oAaQa
The sun., 1890-06-18

Newspapers of all kinds of politics in
various parts OF the country are showing that
IL their respective localities the census has
been very imperiectly and very inaccurately
taken.
1t looks as II this census might after all.
turn out TO be erroneous and unsatisfactory.
This would be a very great pity. .
The sun., 1890-06-18
lded according to Congress districts !:


As may be seen. those districts which are
Democratic are, with a single exception.
securely so, whereas FIVE Of the Republican dis
tricts are fairly debatable and several OF them
probably Democratic. That, briefly. is the sit
uation,
The sun., 1890-06-18

suppose your wife ceased to love you :" suggested
the cync-
well" IAid the young lawyer. NJ would Est cut
NEt1s iAtAShIRsRk4 a. - "a. ..s......,.,.,..
The sun., 1890-06-18

and the other third has host siasss oooA gain Ivy
the farmers OF ST. UOGOOo in Ave years
This means that out OF average list Of farmers
starting nvs two thirds supported their FAINT
lies and added 30 per cent to their cSptaI-and that
capital only 81 1855"
In comment ting upon these facts the Consht,t-
ton pertinently asks:
where is there an equal NUMBER OF average business
who will show good results on so small CAPT
tAl' And yet the average business man works more
hours than the farmer and puts up with less room and
less sunshine The lot Georgia farmer is not 30
bad after all.
While in every other business combinations Of capital
crushing out tho small mon in agriculture alone It
remains true that the OF small means had A. good
chance rise his neishbor Of larger property In
fact these returns show that tho losing farmer has near
ly fourth property 1884 than his more thrifty
neghbor. As these tax returns represent little else Out
land. there is direct Inference that the small farms
the which have paid their owners best 1t is
the old truth reasserted in new form that the man
who tlls little land well will soon have more TO till"
The Georgia farmers are, In fact, doing we'll;
better. on tho average, than men in othervo-
cations What reason. thon. s there for the
excitement OF the Farmers Aliance1 Why do
the Georgia farmers, instead OF being grateful
that they are better of than other men. de-
mand new-fanGled legislation to improve their
condition? ? Why have they found 1t necessary
to Robble up the Democratic party OF Georgian
We wonder If the Georgia farmers will be as
successful in politics as they are in farming?
The Albany Argus lntimates in sneaking
manner that Mr.. s. b. ELR1Ns has put the edi-
tor OF THE Sun in way to make money
This intimate is q lie without a leg to stand on.
That distinguished Republican journalist,
the Hon. MURAT HALsTEAD, having found 1t
convenient to leave Cincinnati and the news
paper he had long conducted there. and come
to this town to take charge OF newspaper in
Brooklyn. has finally arrived at conclusions
which would be discouraging but for the pos
siblity that they may be strictly professional:
Some months OF closer study than had been accus
toned to give the affairs Of New York convincing
that this vast metropolis exceeds all precedents in
municipal rascaity and mismanagement. The amount
OF money squAndered here In corruption and pundernR
that results from fragrant and criminal neglect OF duty
Is something prodigious"
From this it is evident that Mr.. HALsTEAD
has either come here on high missionary duty.
or that he has made great mistake In taking
up his abode in place so wicked.
We suppose that Brother HALsTEAD has
come here because he was tired Of Cincin-
natl. and because New York is the peasantest.
most convenient. and most satisfactory town in
the world to live in. As for tho amount of
money squandered here in corruption and
plundering that is all talk. The facts are en-
actly not 50: and HALsTEAD will never be fright
ened away by his own picture. May he remain
long among US to enjoy the pleasures and the
comforts OF this delightful and well and cheap
ly governed metropolis!
The sun., 1890-06-18

The worry Of constant cough, and the soreness of
lungs which generally accompanied IT, arc both TemO.
: 0AA n Rh RaiAIRA 4 1k1RfGiQLARhzAah -
The sun., 1890-06-18

The Albany Argus lntimates in sneaking
manner that Mr.. s. B. ELK1Ns has put the edi-
tor OF THE Sun in a way to make money.
This intimate Is lie without a leg to stand on.
Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1890-06-20

WASHINGTON, June l2.-In the house
yesterday Mr. Morrill, of Kansas, pre-,
senied the conference report on the
1enate dependent pension bill,
Mr. Springer of Illinois, asked tina,
the report go ovcr ,iltO tomorrow tina,
It might be printed.
MIN Morrill, objected, and the prey
iouS question was ordcred-yeas, 1919
nays. IS.
Mr.. Morrill, in explanation Of the re-
port. stated that the conference com
mittee had struck out the dependent
feature Of the senate bill and the SER
vice feature Of the house bill. The
measure as determined upon was not
exactly what he would desire, but was
the best he could obtain 1t would dis
tribute $50, 900, 900 among the poor sol
diers of the nation.
Mr. Yoder of Ohio protested against
the conference report, holding that it
ignored tho demands of the soldiers;
eft his prayers unanswered and buried
In the basement of the capitol with his
petition for pcr diem rate OF pension.
Mr.. Springer of Illinois entered n
vigorous protest against the manner in
which the bill was brought before the
house. There was. no opportunity
offered to tho members to examine its
provisions.
Mr.. Cannon OF Illinois favored the
bill on the ground that it would place
on tho pension rolls $50, 600 names and
would increase the pensions of 80, 600
men now on tho rolls.
Mr.. McComas of Maryland said the
bill! was not all he could have wished
for but it was the best that could be
obtained
The conference report was agreed to
-Ycas Id, nays 81.
Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1890-06-20
Charges Against Raum.

WASHINGTON, June 12.-The charges
against Raum, the commissioner OF
pensions, are:
l. That he has borrowed $25, 600 OF
some large SUN of money from George
+. Lemon, Il claim agent doing bust
ness before his Office, or upon his en-
dorsements.
General Raum does not admit nor
does he deny this charge. but it is
probably true. He does assert, how
ever, that his private business rela-
tions with Captain Lemon have no in
fuence whatever upon his official con-
duet and that Lemon has received NO
advantages in the pension Office that
are not enjoyed by other men in his
profession.
2 He is charged with soliciting OF
allowing others TO solicit subscriptions
from the clerks in his department to
the stock of "a company of which he is
| president and one of the chief owners.
This he absolutely denies and says that
| il any clerks in the pension office have
bought stock in the corporation re-
ferred to, which is refrigerator COM
pany, it has been done without his
knowledge or approval.
j. He is charged with having turned
over to his son, John Raum, pension
| claims that were placed in his hands
for prosecution before he became COM
missioner and with having given these
claims precedence over other cases
pending before the office. This he alb
solutely denies and says that the bust
ness his son brings to the office takes
the same course as the rest and is given
no less and no greater advantages, but
that all the grist that comes TO the
mills is treated alike.
4. He is charged with having made a
contract with W. l.. Ellsworth, the in
ventor of u smokeless powder, under
which he is to receive for his influence
20 per cent of all the profits derived
from the sale of such powder to the
government. TO this he replies that
while he was a private citizen and prac-
tlclng law he did make a contract or
agreement with Ellsworth under which
the latter gave him a 20 per cent inter-
est in his invention to Introduce il in
the army and navy of the United States;
that he has never been able to do any
thing for Ellsworth; that he had lost
his confidence in the invention, and that
he would be glad to be released from
the contract
3. He is charged with having re-
moved lady clerk, who was notary
public, from the chief clerks room.
where she was able to make $l5 or $40
month in notary fees and with having
secured the appointment of his son,
Green Is. Raum, jr., as a notary public,
50 that the latter might make all the
perquisites the woman had been re-
; ceiving.
Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1890-06-20
4 COngressmau Insuited.

WAsHNGToN June 11.-Yesterday
afternoon a private bill was pending
before the house for the relief of Hy-
land c. Kirk and others, which had
been viciously opposed by Springer OF
Illinois. The representative had occa-
sion to pass out of the hall and at the
doorway was confronted by Kirk, who
demanded to be informed why he OPP
posed the bill. Springer replied that
he opposed it because he believed it to
be an improper measure.
al know your reason for opposing
It" retorted Kirk. tapping his pocket,
"and have it here in black and white. y
Springer became indignant and asked
Kirk to produce his evidence that he
(Springc) was actuated by any but
proper motives.
Kirk reiterated his remark, and
Springer declared that if the gentleman
msinuated that he was actuatcd by any
improper motive he would have Kirk
brought before the bar of the house for
contempt.
Kirk made no response, and Springer
returned to the house and helped to de-
feat the bill.