The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-12-27

| executed by Lewis Pelham TO the said
! Henry
at was an admitted fact in the case
/ that the note was, from the issuing OF
/ the monitiOn in the proceedings for con-
! fiscation till and at the time Of the re-
turn TO the monition by the marshal that
! he had arrested the same. outside the
! jurisdiction Of the said district court and
not within the territorial limits Of the
| state of Indiana. but on the contrary.
/ was, during all that time. in the pos
{ session Of the said plaintiff i'm the state
| Of Kentucky. where he resided.
! The plaintiff requested the court to
| Instruct the jury as follows:
| II the jury find. from the evidence.
! that the allegations of the declaration
! are true, they viii find for the PLAINTIFF
| and assess his damages in the amount
| of the note. with interest thereon from
| maturity
The court refused to give this in
! struction and charged that. under the
conceded facts in the case. the PLAINTIFF
! was entitled to no more than nominal
| damages
- verdict was rendered accordingly,
| and the refusal 10 charge as requested
/ ard the charge as given were then as
! signed 10 the supreme court Of the
United States for error The supreme
/ court held that to effect its seizure II
was necessary for the marshal TO take
! the note into his actual control and Gus
/ tody and consequently the debt was not
/ confscated.
! Every principle Of equity and justice.
( then, requires that the government
should refund the money received with
/ out consideration and for property which
] IL did not control and had no right 10
i sell; for a vendor saws the supreme
! court Of the United States, is bound to
/ know that he actually has that which
| he processes to SELL
! Claimant is. therefore. on the score
! OF precedent as well as authority. Justly
and honestly entitled to a return OF his
money"
Objection was raised to immediate con-
( sideratiOn of the bill because unanimous
/ consent had not been obtained. II VIII
/ be one Of the first measures considered
/ when the house gets down to business
after the holiday recess.
/ Representative Blacks Bill.
When Congressman Black Of Illinois
! was pension commissioner he recon-
mended the enactment Of law for the
/ soldiers. and as the matter was not
4 taken up as he desired. upon the re-
/ quest Of Congressman Cooper he intro
duced the following bin last Thursday.
which explains itself:
Sec. 1926. Every commissioned officer
or enlisted man shall receive such and
only such pension as is provided in
/ See. 4.695 and sec 4.692 of said re
vised statutes FOR the highest rank he
held at the time Of or after he received
/ the injury or contracted the disease
: which resulted in the disability on ac-
! count of which ne may 0e entitled 10
! pension; and amy commission or presi-
1 dental appointment, regularly issued to
/ such person. shall De taken to determine
/ his rank from ANA after the date, as
/ given IN the body Of the commission or
/ appointment comforting said rank. Pro
/ Vided. that a vacancy existed i'm the
rank thereby conferred and that the
/ person commissioned did not wilfully
( neglect or refuse 10 be mustered. and
/ that he did actually and in good faith
perform the duties Of such rank.
Mr. Cooper had a case OF an officer
] drawing the pension OF a private, be-
cause he was wounded while In the
! service as private and if this bin goes
/ through that man viii draw pension in
/ the rank of his discharge.
Relief Measures by Sir. Cooper.
Like Congressman Brookshire Mt.
Cooper has interested himself in the ex,
| ceptional cases under the pension laws.
J He is preparing for Introduction a bnI
for the relief Of dwarf of South
i Bethany. She is the daughter Of Samuel
/ A Tate late private of company I,
] Fortieth regiment Illinois volunteers. p.
/ c. Stidman writing 10 the Indiana con-
! gresham describes her as being twenty
| five years of age. height about fifteen or
| twenty inches and weight not over
! twenty pounds. Her head. hair and faces
! show signs Of age but her body is that
! of a child. She has never stood on her
I feet or walked step and her condition
! is absolutely helpless. 1t requires special
] enactment 10 give her relief under the
. law of 1890.
The case of Robert Spaugh. which has
been undertaken by Mr. Cooper, is re-
/ markably similar TO that above men
toned Of Mr.. Pelham. Spaugh resided
! in Hope. Ind. A bin is pending 10 re
! imburse him for money illegally eXacted
during the war He owed john Hogle-.
! a resident of one of the southern states
DUNG the rebellion. some $500, which
! was confiscated by the government. and
Spaugh paid II upon garnishee of tho
United States officers. After the war thu
/ holder of the note sued Spaugh and ia
was made 10 pay IL over again becausa
/ il was held that the government had not
/ held jurisdiction.
Another peculiar measure which Mr..
I Cooper IS champiOning is 10 remOv6
J charges of deSertion from the record OF
Charles Reep of Nashville, Ind Reep
is cousin 10 Governor Mckinley or
J Ohio. and ne served hcnorably, but un-
/ fortunately during the war. Tt seemS
= that while he was in the service he re-
/ caived word that his family was suffer
ing from restitution. lie took the mat
ter to his captain and was advised ia
90 home ana make provision for thu
! helpless ones He did So and came back
! But in reporting he missed his company.
and was entered i'm another command.
He served until the close Of the war
with bravery and honor. bur there re-
manned charges of deSertion against him
because be got into The wrong company.
When Governor Mckinley was i'm con.
aress he prepared bill to remove thu
charges. but there happened to be soma
prejudice against daserti0n cases at that
time and this one was not pressed Mr..
Cooppr is one of Governor Mckinley'a
strongest friends and he now undertakes
to accomplish what was undertaken
years ago.
Judge FauIkner's Return.
Judge c. r. Faulkner. Senator Voor-
hees's faithful secretary. has gone IA
Indiana to spend the holidays. This Is
the first time he has been absent FROM
his desk for a year. The judge has an
onercus position. Senator Voorhees,
mail runs from POO To 300 letters a day,
ane half Of these Judge Faulkner an
swers himself Others that are of mora
personal nature are handled by the SEN
ator And IL is needless 10 say that ala
answers are made promptly. The Judss
combines politics with pleasure IN In,
diana. He will attend the democratic
which is called to select committeeman
and Law the cornerstone for the next
election. {. NJ STADDEN.