davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

on his part FOR instance" he said, "in
the case of an absolute promise to marry.
| the death OF either party discharges
| the contract because 1t is inferred or pre-
su,ned that the contract was made upon the
condition that both parties should live. SO
OF a contract made by painter to paint q
picture. or an author to compose work.
or an apprentice to servo his master a
specified number OF years. or In any con-
tract for personal services dependent upon
the life OF the individual making 1t. the
contract is discharged upon the death Of
the party. in accordance with the condition
OF continued existence raised by implica-
ton" In other words. where 1t can be
gathered from the contract as whole that
the parties contemplated the continued ex-
istence OF the subject matter. the destruc-
ton Of the subject matter without the fault
Of either party puts an end to the right Of
either to demand performance.
The Superior Court Of Buffalo held that
the parties to the contract before 1t did not
contemplate compliance on the part Of the
defendant who undertook to return the
horse. unless the horse should continue to
exist and inasmuch as the animal had
died from natural causes. for which the
hirer was in no wise responsible, he could
not be held liable In damages. This decision
Is In accordance with the law relating to
such contracts as laid down by Lord BLACK
BURN. one OF the most eminent English
authorities In this branch Of Jurisprudence.
and the late JUDAH P. BENJAMIN OF tho
Southern Confederacy. and afterward dis
tinguished barrister in London. Mr.. BEN
JAMNs work on the law Of snles has be-
come legal classic. and in 1t he says: "H
agrees to sell and deliver his horse
Eclipse to on a fixed future day. and the
horse die in the interval. the obligation is
at an end"
This Illustration is directly applicable to
the Buffalo case.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
THE SUN, MONDAY, SEPTEMBER 25, 1893

The American people do not look TO the
army and navy for political leadership.
In Brazil 1t Is otherwise 1t was Admiral
wANDENKoLK and Admiral MKLIo who.
with Gen. DRoDoRo DA FoNsroA and Gen.
PEIxoro. organized the revolt against Dom
PEDRO and set up the republic. which. during
the past three years. has been the plaything
OF their dlshonorable ambition. DA FoN-
SEGA was made President and then driven
from Office in disgrace; PEIxoTo was made
President. and is now fighting for his place; ;
WANDENKoLK seized two ships Of the navy
aud turned them against the Government
which he had helped TO create; MEILo
seized nearly the whole navy and is trying
to overthrow PEIxoTo; the army has thus
far stood by the President. but will UNI
doubtedly desert him IL tho navy takes the
capital. Tho Generals who rule the several
States, under favor OF the central Govern
ment, five Of whom are in serious trouble.
stand ready, II We can Judge from their
actions. to take the side OF either party. or
Of any other party. that may promise to
crafty their ambition.
These are the dire and droll results Of
putting the government and the politics OF
a republican country under the control OF
Its army and navy. its Generals and Adj
mirals. There can be no abiding place for
Brazil while that control lasts or until its
military and naval arms are brought into
complete and permanent subordination to
the civil power. or until the Government is
In the hands OF civilians who are statesmen,
or until the people assert their right to rule.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

contend. and am borne out by every law.
Yer in the city, OF Brooklyn. that even on the
score Of pG9Pulaition the
Duchess county. As said before the bulk
Of litigation being In Kings county. a successor
to Justice Barnard residing there would be
easy Of access. and save LAWYERS time and ex-
pense by travelling to Poughkeepsie. New
6urSh has representative on the bench. Of
Brown. The Hon. Justice Barnard COMES ussit TO
Brooklyn very seldom: the calendars Of the
courts are crowded. owing to the peculiar
gyS,rkings Of the judicial force. and yexatious
to abide the tedious process Of legal proceed
Hre SO strtkingly prevalent in Brooklyn to-day.
There Is every reason why the new Judge
should be from Brooklyn. and therefore take
the liberty Of nomin ating Thomas Z. Pearsali,
whose probable choice Of the forthcoming Con.
was done in the case Of H. JUSTICE DySman a Of
Westchester. county. also OF the ,Supreme
Court bench, against whom no opposition was
Judge Henry Alexander Moore Of the Court Of
Sessions.
That a Brooklyn candidate will be selected
for the office to be vacated by Justice Barnard
10 the fervent wish OF yours truly.
j. s. MEDINGER.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
The Parliament OF Religion,

To THE EDITOR OF The SUN-Sv: The vriter
is pleased to see that there is at least one
great newspaper that has formed correct
views OF the Parliament OF Religions" and
was not afraid to express them. as shown by
an article in last Sundays issue OF The SUN.
Permit me to add that this hydra Of religions.
brought together at the earnest request OF So
called Christians. is not an evidence OF growth
IN grace and In the knowledge Of our Lord a nd
saviour jesus Christ; but the contrary II in
manileslly a retrograde movement and fall
Ing away from the faith once delivered to the
sf The blind leaders are turning away
they are being turned unto fables They are
even by word and conduct denying the founda-
ton 81 az that is Christian the Gross OF
Fsrliament Of Religions are that the death Of
% On ths cross a. to for
4. Inc oHence OF the Cross has not yet ceased
then SI1 Tor we have the pitable spectacle Of
The sna
think that Christians themselves regard the
be mentioned. and they will reason that Jesus
Is no more to the Christian than Buddha to the
Buddhist or Mohammed to the Mohammedan.
than all other such, He was an i'm ostor: for III
said lie came into the world that tho world
through Him might bs saved" He said fur
man cometh to tho Father but by Me" H a
that elm beth up any other way is a thief and a
hst a1 down HI lie th sGg
Then TO Christians worthy Of the name there
Is but one way. There is but, "ons God and
Christ Jesus who gave himself a ransom Tor
all to be testified in due time" Therefops
they cannot fellowship with or compounds
prove and enlighten thcm. s. o. BLuNDEN
ooI HANCOCK STREET, BROOKLYN.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

ofiios 40 we'll as those between Canada and the
American Government have been thrown into
confusion. and how the Dominion Ministry
has for years pursued q policy calculated to
create discord between Canada and the United
States His Lordship. as q statesman and man
OF honor. will undoubtedly feel deep regret as
we'll as Indignation. whom he learns OF the
state OF things at Ottawa He has the power
to do great deal to improve It to bring about
the changes that are needed. and to prepare
the way along which Canada must proceed In
the fulnlment OF her destiny as an integral
portion OF the American Union. We musttrust
that Lord ABERDEEN will take advantage OF his
opportunity without waste OF time. Canada
must be free.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
Tho Next Senate.

The number OF State Senators Is fixed by
the Constitution at thirty-two There will
be an election for State Senators In New
York this year-the first under the present
apportionment. The term OF Senator Is
two years. and those chosen In November
will. therefore. hold office until their sue
cessors are voted for in 1895. Governor
FLowER's term expires next year. and the
Senate to be elected In November will be in
office during the first year Of his next term
or Of the term Of his successor.
The Republicans Of New York Just now.
with reason. have their eyes upon the pos
abilities which control of the State Senate
discloses. The futility Of trying to capture
the Assembly. rs at present apportioned.
was proved to them last year; but their
prospects in the Senate. a small body, are
better. and the stake is decidedly more i'm
portant. A Republican Senate could stall
and hinder very effectually the onward
march Of the Democrats in New York by
Withholding its support from measures
initiated by Democratic Assembly (also to
be elected this year,. by failing to confirm
the nominees OF the Democratic Governor.
and by denying its assent to necessary ap-
preparations or popular policies.
What are the prospects Of the Republl-
cans. defeated In advance upon State can
didates. In their anxious quest, with or
without the help OF Democratic mercena-
Kies and guerrillas. for securing majority
Of the Senate In November2
We think they are poor. Here are the
districts as apportioned In 1892, and as they
voted In the election succeeding:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
he Growing Distaste for Agriculture,

fTtn he LONDON Spectator.
would appear from the third volume OF the census
CT England and Wales that the total number of both
sexes employed on tho land. which in 1871 was
iio',"'% ana in 1881 lo7le+ was. In 1891. $50 27s
showing total decrease OF 1921 for the twenty
years in spite OF the general increase OF tho popua
lion The total figures certainly confirm tho impres.
SION that tho people are reCednE from Agriculture
ino movement would suggest something wrong with
he tenure Out that the sAne process 10 observable
~ HuroheAh countries The truth IL that. the Topu
l"'ohs advance IN Intelligence. they grow sick Of tho
'""St remuhrrative and most uncertain OF al! human
empl'ymens. Agriculture is necessary and therefore
honorable, but It has. worR no ulLcg attraction.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
JUDGE BARNARDs SUCCESSOR.
a Question OF Interest to People of the Sec
ond Judicial District.


To THE EDITOR OF THE SUN-Sir: uues-
tion OF some m ment has been freely discuss
ed by members Of the Brooklyn bar as to
whether the next nominee for Justice OF the
Supreme Court in the Second judicial district
shall be resident Of that city or from some
county In the upper part OF tho State The Ju-
dicial Convention. to be held shortly. will nom
mate Q candidate to succeed Presiding Justice
Barnard Of Poughkeepsie. who Is at present
serving on the bench but who. BY the consti-
tutional act. will have reached the period of
approximation by Jan. l next The Second
judicial district comprises nine counties
Kings. Queens. Suffolk Richmond. Westches-
ter. Rockland. Orange. Putnam. and Duchess.
In which latter county Justice Barnard re-
sides. In other words. the successor of
the retiring Justice will have to do circuit
Now. It is q well-known fact to members OF
the Kings County bar that by far the largest
percentage of litigation is conducted in
Brooklyn: de ,facto. the city has a greater
population and larger manufacturing and
business interests than all the other eight
counties OF the district com bined. According
to the State census OF 1892 Long Island alone
has q popu alton Of l.20O. 1853. and Brooklyn a
total population of 057 05S. Poughkeepsis
which for decades past has had the honor
Of having tho selection OF Supreme, Court
OF 22.2OO souls. append table showing the
statistics Of population In the nine counties
comprising the Second judicial district. They
are as follows. from the census OF 1892:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
Private Plat.

We quote this remark from our es-
teemed contemporary, the Neto York Times.
merely for the purpose Of rebuking that
reformed Mugwump and sprouting Demo-
crat for doing gross injustice to a modest
private citizen Of Owego:
before the meeting OF the Executive Committee.
Chairman BRooKrELD Of the Republican State Commit.
tee and Postmaster VAN Corr who lie expected 20
back to his old place In the Executive Committee of
tho Republican County Committee in place Of ex.As.
sembyman l. L. VAN ALLEN, had . conference with
THOMAS Q. PLArr Then they went to the meeting.
whore everything went Mr.. PLAT wished although
he himself did not attend IT,"
The Mr.. PLArT here referred to Is an es-
teemed and a witty gentleman. whose po-
litical affiliations have been and probably
still are Republican. but whose active con-
nection with the Republican politics OF
New York Is ended and done by his own
request. The dahlla which glows In Mr.
PLArr's buttonhole this morning had
not budded when he said II am out of
politics. Let the pulling princoxes. the
sissy statesmen. the talented ALEcKs di-
rect tho machine and keep her headed
for the Saline Springs. I am out. Good
EVENING"
1t may be that Mr.. PLAT has spoken
words to this effect before. and yet has
taken them back reluctantly and at the ex-
pense OF the Republican party OF New York.
But the last time counts. Mr.. P1ATr cared
for politics up to few months ago. but
since he began collecting sea shells on the
beach Of the Oriental Hotel. beach whose
purity and amount Of sand remind him
OF the best days OF the Republican party,
he has not cared for politics.
The Hon. THOMAS COLLIER PLATT finds
on the shore Of Coney Island a quality
which he misses In the Republican party of
Now York: and the discovery strengthens
him In his resolution to abstain from poll
tics. Yet he may not be wholly reformed.
There Is no KELLEY cure for politics. II
there was. Mr.. PLATT would not have per-
mitted Mr.. HIscooK Of Onondaga to emerge
and to butt that Hyperion brow against
the BEIDEN breakwater.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
The Buffalo Horse Case.

No animal has given cause to more litiga-
ton In America than the horse. The litera-
ture OF the law abounds in amusing stories
about horse cases. The questions which
such cases involve. however. are frequently
OF far-reaching Importance. calling for the
application OF rules Of law which affect
many other interests than those OF horse
owners merely.
A case of this kind has lately been de-
cided by the Superior Court Of the city of
Buffalo. The defendant had hired team
of horses from the American Preservers
Company under a written agreement that
upon one days notice he would return the
team In the same condition as received
While the horses were In the defendants
possession under this contract of hiring,
ono Of them sickened and died. Thereupon
the American Preservers Company brought
suit to recover $175. the alleged value OF the
horse. claiming that the defendants con-
tract to return the animal In the condition
in which he took him was unconditional.
and therefore that he was not excused
from fulfilling his agreement even IL he was
prevented by omnipotent power.
The courts have many times laid down
the general rule that where one enters into
an absolute contract to do that which is not
impossible or unlawful at the time OF the
agreement. he will not be relieved from the
obligation unless the performance thereof
has become Illegal or is prevented by the
other party to the agreement. harsh
application Of this rule is illustrated by
Connecticut case familiar to lawyers. where
man undertook to build and finish a
schoolhouse by the first OF May. On the
9th of April the building was struck by
lightning and destroyed. yet the contractor
was held liable In damages for the non-ful-
hlment OF his agreement.
This rule was the subject OF very careful
consideration by tho Court of Appeals OF
this State twenty years ago in the case OF
contract for the sale and delivery OF spe-
cihc bales OF cotton. number of which
were destroyed by fire without the fault OF
the vendors and before they had delivered
the bales. Chief Judge CHURCH wrote the
opinion. in which majority Of the court
.concurred. holding that notwithstanding
the general proposition that a party will be
hold to his absolu contract in spite OF in
eyltable accident, there was variety OF
cases in which tho courts would imply
condition In the contract itself, which would
operate TO relieve tho party when perform
Aneo had become impossible without fault
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

Tho new Governor-General OF the Cana
dian provinces. Lord ABERDEEN. has assumed
the duties OF his office at a time in which
Canada needs a statesman OF broad mind, ana
suffers greatly from tho bunging of pig
headed and truculent provincials. He is a
full-hearded man. in the prime OF life: he has
repeatedly given evidence. during his career
in British politics. that he 10 not afraid to act
INDEPENDENTLY upon serious occasions: he has
held several ofices Of importance. including
the office OF Lord Lieutenant OF Ireland. In
which he won measure Of popularity greater
than that OF any OF his predecessors in this
century. Besides, he is a philanthropist. re-
ligious Presbyterian. a Gladstonian. and
Scotch. He Is far oleverer man than was his
heavy-wit grandfather. the Earl of ABEn-
DEEM who Was Prime Minister of England forty
years ago
The new Governo or &c neral has great oppor
tunity for the exercise OF his powers In Canada
at this time. He will Gnd that the government
IL In the hands OF ineompetents. He will zee
there kind OF Toryism compared with when
the Toryism OF his own early years was progres.
sige He will ascertain how the public bust
ness OF tho Dominion has been bungied. how
the relations between Canada and .he Homo
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
SIN wcdded,o Their Idol.

i'oFn Ne SIn FdGri-a, E5ImIiSr.
Ihe fruit growers OF California are booking with some
interest toward the Ways aud Means Committee Of III
ouSe' Many OF them seem TO consider It advisable to
JON mo ruck OF protected monoposls now Delsborins
He ears OF the committee with the dlscreditud cam.
p1'k" arguments OF tho past elk years They think
.""' "oulu help the fruit industry OF California to
nave It's Claims advocated from Mckinley standpoint
ihey a" not appear to realize the that IL ia. Way.
ana Means COMMITTEES had been one with which pro-
'''Hohi" Argument" could have any welsht II would
nH'e o''h Projections "oomutsc. IN which case 1t
"""'n nov nave "een considering new tariff and no
arguments wou,d have bean necessary.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

To THE EDITOR OF The SUE-Sir: A cor
respondent in your paper has fittingly de-
nounced tho Cherokee land scramble as a dis.
grace to the civilization OF the age.
introduced = bill into the Fifty second Con-
gress providing for the offering OF all Govern
ment land at auction to tho highest bidder. at
or above the minimum established by Law
the excess above such minimum to be a credit
annual interest. for the benefit OF the school
fund for the state or Territory In which the
lands might be located. The right to bid was
homestead entries Had this policy been iR
vogue ten years age the country would now
and We should have been spared the UNEQUAL
and disgracslul cowboy race for the public
PONTIAC, Mich. Sept 20. D" W. eiooH
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

We hear not only Of those bands OF
masked hiGhwaymen who are looting the
treasure chests OF railway trains out West,
but also OF that raklsh. black piratical sloop
lowering about Long Islands shores. the crew
OF which are picking uD things. What do
those land pirates and sea pirates. brigands
and buccaneers. cracksmen and corsairs. pro-
poser Do they mean to try to seize the coun-
try and reyel In it2 We must trust not, for
their sake.
1t seems to be our mex duty to tell several
OF our simple minded preachers that not
withstanding all these ovidoers. We are not
" In the midst OF q carnival OF crime" not In
this part OF the country. Our pirates are very
timid, and not at all red-handed. Our bands
OF train robbers are very small and do not
number more than three or four. most of
whom are already looking at the horrld walls
OF dark and dolesome dunRsons- We read a
sermon while ago about the carnival of
crime In our midst" which was far more
alarming than the pirate sloop OF Long Island
or all the craftsmen OF the wild West.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25

A substantial Democratic majority in
both branches OF the New York Legislature
would strengthen the hands of all Demo-
cratic representatives In Washington as
well as In Albany. and 1t would be respon-
Bive to the wishes OF the people who gave
ROSWELL P. FLOWER 1887 majority in 1891
and GROVER CLEVELAND 1858 In 1892.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
YIeIimlnrd nnn IN Nd.

from ne Aiet23 Rsopsd.
danny tram robbery" - '''S :"
How were yol a victim 7"
"Ididn't gstAny - the stolen money ssor"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-09-25
rus.er,puo- ~ lssn Post.rs,s.

Uour friends nho favor US with manuso rtpts for
publication cish 10 haze rejected articles reiur,ed
Nsp muslin all cases send Stamps for hat purpose
The Lamar register., 1893-09-02
..The" Ha=ue.

Did you ever stop to ask yourself
or your knowing friend the meaning
of The in the place named The
Hague9 asks the st. Louis Republic,
If you are looking for something that
will knock the aforementioned
knowing friend of his feet just ask
him the Specification of the three
letters quoted in the headline.
When he fails to answer the oues-
ton, tell him that the The as it oc-
cars in the instance cited is simply
the Anglieized form of the Dutch
word - Grayenhaaz" or Craven
haze either of which, in the Dutch
language. means .'the counts
hedge" or the counts grove or
woods. Originally the location
now occupied by the city of The
Hague was the hunting grounds Of
the counts of Holland. About the
ycar I2tJ a palace was built in the
grove Presently village sprang
up around the palace-still it was
called 1.-The counts hedge and
fiaallF and lastly large city. which
in the Dutch language has its orig
inal ST nidcation. but which in
modern pariaucs has been evoiutod
into The Harrie "