davidaulloa/AmericanStories huggingface dataset:
People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03
Judge of the 18th Judicia! Distric
COrbin.

Eugene Howe is visiting his uncle,
n. A. Howe, at Perry, o. T.
Corbin has turned out a travelling
man. Otto Alden took to the road
January l, 1895.
F. P. McGuinn returned to his
claim in the strip, having spent sew
eral days in COrbin and vicinity.
Prof. Dennis is hunting up Bible
references for the benefit of the quar-
reling church members OF Corbin.
H. D. Dayton brought his wife up
from Perry, o. T., leaving her at H.
H. HOwe's under the care of DR.. Will
hnit.
The Republicans seem to be unduly
alarmed over what they suppose will
be the action Of Governor Lewelling
If they should organize the house at
the lawful time. We hope if they
should receive a message from two
governors at the beginning of the ses-
sion, there would be nothing in either
Of them to mislead or abuse them, and
we are satisfied Governor Lewelling
will not take undue advantage by
making any permanent appointments.
The exercises at the primary school
on December24 were quite entertain
ing and worthy of comment. They
prove that the teacher, Miss Jones, is
improving the feeting moments 10 a
way calculated TO make intelligent
men and women Of the pupils under
her care. Her pupils presented her
witha nice toilet case. We have not
had the pleasure Of visiting Mr..
Riley's room dnring any exercises.
but from what we hear he deserves
equal praise.
We cannot believe the presiding
elder Of the NJ. E. church south knows
Of the contract or understanding be-
tween the Methodist and Christian
churches at this place in regard to the
use of the building. II he does aud
sustains the action of the trustees,
we cannot help thinking the whole
thing is rotten from center to circum-
| ference. We cannot understand why
church organizations should not be
in duty bound TO abide BY their con-
tracts as well as individuals.
People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03
Burnette Renders a Carefully
& Considered Opinion On the Double.
day Fee and Salary Law.
lfE MOTION TO QUASH SUSTAINED.
The Law Held to Be Unconstitutional
and Void, Because 1t Does Not
7 Take Effect as 10 All Officers
4 at One Time-The Opinion
Given in Full.

Believing that no question will be
3 O. more general interest to our
leaders than the courts decision
upon the cOnstitutionality of the
Doubleday Fee and Salary law, we
rive below the opiriOn of Judge J.
AA. Burnette, IN which he holds the
= v to be unconstitutional and void:
AInthe District Court of Sumner COun-
ty, Kansas.
State of Kansas,
Plaintiff,
VS..
H.m. ]. Newb0ld,
Defendant.
MOTION TO QUASH INFORMATION.
a. G. j. CARVER, Co. Attorney,
and JAS. LAWRENCE,
Z For the State.
- G. L. ELLIOTT and
4s w. w. SCHwINN,
For the Defendant.
People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03

as 10 county surveyor on the 18th day
of April. 1893, on the date of its pobIi-
cation in the Official state paper, and
that the other sections Of said act took
effect, if at all, at the various times
when the terms Of the officers therein
named expired.
If we adopt the construction
claimed by the state in this case, il
is equally fatal to this prosecution.
II this act took effect as to county
surveyor on April 10, 1893, and then
we hold that the remainder of the
act was in abeyance and did not take
effect until the terms of ALL the Off
GERS therein named should have ex-
pired, said act is still in allowance and
not in effect as to any of such officers
and will not become so until the eX-
pi'aticG of the terms Of all of said
officers. which will be on the !4th Of
January, 1895, and it therefore fol-
lows that this prosecution is prema-
turely brought.
One remark before | close this opin-
ion. 1t is insisted by the state that
the defendant having assumed the
duties of the Office of regiSterof deeds,
after said act took effect. took said
Office with a full understanding Of the
fees and salaries incident thereto. and
cannot Therefore claim that said act
is unconstitutional. In this cannot
concur. The defendant in this case
in effect says, Il admit | have done
the things with which you charge
me. but in doing them ! have COM
mitted no wrong. | have violated no
law. | am guilty Of no ofTenSe, for
the reason that there is no law max
ing my acts an offense or a crime" |
understand, and always have, that a
defendant in criminal prosecution
can always interpOSe the defense of
the uncOn>titutiOnaity of the act
under which he was sought to be pun
iShed.
In considering this statute the
court has given it the best thought Of
which he is capable 10 the time at his
disposal, and he has attempted to
give to the language employed by our
legislators that meaning which was
evidently intended to be understood.
As remarked above, there is no room
for construction. as far as the words
used are concerned. They are so sim-
pie that anyone can understand them.
If the legislature employs language
in enacting its legislation, which, by
giving to said language its ordinary
and common everyday meaning, de-
stroys its meaning, the legislature,
and not the courts, is to blame.
For the reasons above given, and
under the authorities above cited,
have no hesitation in pronouncing
said chapter 81 of the laws of 1893 as
repugnant as to said section 10, arti-
Gle 2 of the constitution, and is there
fore unconstitutional and void, and
the motion to quash the information
is sustained.
j. A. BURNETTE,
People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1895-01-03
OPINION OF THE COURT.


On the 18th day of December 1894,
the county attorney of Sumner coun-
sty aled an information against the
defendant, W. J. Newbold, register Of
deeds of said county, charging the de-
!. fendant with unlawfully and willfullY
neglecting and refusing to keep and
{ 1le with the county clerk of said cOun-
ty,an accurate account and report of
all the fees charged by him, as regis
istel of deeds of SAID county, during
the quarter ending the 3Oth day of
September, 1894.
This information is filed under
n Spter 81 of the laws of 1893, known
j l.5e Doubleday Fee and Salary
Ill" and applicable to Sumner county
kAhue. Said act was approved March
NiS, l6sS,, and is entitled IAN Act Reg
Mating the Fees and Salaries of the
County Treasurer, County Clerk,
County Attorney, Register of Deeds
Clerk of the District Court, Sheriff,
Probate Judge and County Surveyor
Of Sumner County" Section 10 of
said act reads as follows 'This act
shah not affect the fees or salaries of
the present county treasurer, county
clerk, county attorney, register Of
deeds. clerk of the district court,
sheriff or probate judge, but shall be
In foil force and affect as to county
surveyor. Section II of this act
reads: "This act shall take effect
kaul be in force from and after its
publication in the official state pa
pzf.n The act itself shows that it
vas published in the official state pa
pef of April 10, 1898.
4 The defendant move to QuaSh the
1 Information for the reasons, first, that
the information does not state an
Offense, and secoud, that said Chapter
81, laws of 1893, is in contrOvention
of section 10, article Of the constitu-
| tion Of the state of Kansas, and is
therefore unconstitutional and void
r The first paragraph Of said section
Breads as follows: "The legislature
shall prescribe time when its acts
/ shall be in force, and shall provide
FOR the speedy publication of the
I Same.n
The court is asked in this hearing
Nsn interpret and construe said Chap
81 of laws of 1893, especially sec
AoAS 10 and Il Of said act.
In the case of Board Of County Com.
Auissioners of Miami County vs.. Hy'
ner, decided by the supreme court Of
,Karsas on November 10, 1894, Chapter
S3of the laws of 1898 being an act FIX
At4 the fees and salaries of the county
ofseers of Miami county, came before
lyLe supreme court. Said law was
,passed at the same SESSION that the
Surlner county act was passed. Sec
tion of said Chapter 50 of the law'
ef 1898 reads as follows: "This acI
Aall take effect and be in force from
stter its publication in the stat
q look, and alter January 5, 1894
fept the county treasurer hereinbe
4 se named, which shall take effect al
4 said county treasurer after OctObc
II 1893" The county treasurer O
i fami county, j. P. Hyner, qualified
assumed the duties of his Office OIL
knber 10, 1898, at the time said ac
as to take effect as to said officer
y On January 4, 1894, he filed bis CLAIM
q sNh the board of county commission
srs of Miami county for salary for tn,
4 quarter ending December 81, 1893
under the old law. The county com
.pissioners considering the said Chap
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
A Good Woman Gone.

Mrs. Mamie d. Word, wife of DR.. Jas.
c. Word, died at her home in Monroe
County last week after lingering i'll
ness of about three weeks. Mrs. Word
was truly a Christian woman, and always
took an active part in everything per-
tanning to good. She was for many
years corresponding secretary of the
Woman's Missionary Society. 1t was
always her custom to lay aside one-tenth
OF her earnings for the Lord. She would
direct whatever amount she handed her
church officer ''to be used where it would
do the most good" Mrs. Word will be
sadly missed from her family, church
and friends,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
CONDENSED TELEGRAMS.

NEAR Hawkinsville, Ca, on tho lath,
p. Murdoch Pipkin, white farmer,
was shot and killed by John Walker, a
neiphbor. Pipkin had killed Walkers
uog, The murderer is at large, and If
captured lynching is likely.
THERE was quite an animated dis
cussion in the lower house of the Ar
kansas Legislature on the 18th over the
bill to,provide payment for furnishing
supplies to tho militia during the Debs
strike last summer. After several
clashes between members, the bill was
defeated.
W. C. EASTMAN, aged about go years,
the largest man in Henry County, No.
is dead. He weighed over 1926 pounds
only a few months ago.
Mrs. FRANK EDINBERG, OF Elbert,
COL, being threatened with law suit
by a neighbor with whom she had
ouarreled, took dose of strychnine,
and also gave dose to her 7-year-old
son. The mother died, but the boy Will
recover.
| Ar New Orleans on the 18th crowd
| Of white screwmen, who are on q strike,
made murderous assault on tho ne
oroes who We're working in their places.
Six negroes we're killed and several
wounded.
TIM Indiana legislature broke up in
n wild riot on the nth, in which almost
every member participated. Kevolvers
we're drawn and many persons were serl-
ously injured, Adams, of Park County,
perhaps fatally.
A coNu,rrrE from tho Massachusetts
general assembly has gone to Atlanta
for the purpose of investigating the in
dustrial situation in the South and in
,uiring into the special inducements
acid out by tho laws OF the State oil
Georgia, making it more profitable for
tho New England cotton mills TO &c
business in this section.
A CYCLONE passed over North Georgia
an tho stb. In Atlanta the wind blew
seventy miles an hour for five minutes
T., ,ha ncighborhood of Cedartown the
storm was most furious.
Rrv Dir. PARKnURsT, OF New York,
10 going to St. Louis for the purpose, II
10 announced, of engaging In tho work
81 sunday reform, in conjunction with
Sam Jones and tho local clergy.
/ Ax endemic something like small
~ 60 rooinp In Mud Creek, in tioyo
County, Ky. Two hundred cases are re-
nortcd and tho epidemic Is very severe
on middle and aged people,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

John J. Mcdonald, late of Memphis,
and very extensive cotton buyer, has
purchased the old Planters Warehouse
and Cotton Yard at Aberdeen and will
erect cotton compress this summer,
The charter of incorporation has been
published, and consists of John j. Nc
Donald, Mrs. Ada May, Miss Cleo Glover
and many others who may hereafter be
associated with them. The capital stock
will be $4,000. The corporate name and
style of the company is Tho Aberdeen
Compress Company" When this press
is erected Aberdeen will be supplied
with two, having had very large one
in operation for several years.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
A Field Day at Pittsboto.

Monday, March II, was field day at
Pittsboro, the county seat of Calhoun
County. There was reunion OF
Confederate Veterans, a meeting OF tho
Cotton Growers Protective Association
and Circuit Court convened by Judge
Campbell, all on the same day. A largo
number of State candidates were pres
ent, and grand barbecue was served
during the day.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
The Cnurt,s First Session.

The first session OF the Federal Court
for the Eastern division of the Southern
district of Mississippi, with Judge Ii. C.
Niles presiding, and J. r. Smith deputy
clerk, convened in Meridian on tho 1lth.
The district embraces the counties OF
Noxubee, Winston, Kemper, Neshoba,
Leake, Newton, Lauderdale, Clarke,
Jasper. Wayne and Jones,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

The supreme court Of the United
States has decided the case OF Evers ct
al vs.. the Delta and Pine Land Com
pany in favor of the land company. IL
was an appeal from decision OF Judge
Hill, made several years ago, in which
the validity of the decree under which
the Delta and Pine Land Company &C.
qured its title to it's delta and pine
lands was involved. The decision af-
firms the jurisdiction Of the United
States circuit court that made the decree
for the sale of the lands, and also afllrms
the validity of the decree The title
to the lands of the company, consisting
of about 100000 acres, is thus finally
settled and confirmed.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
TOrtifxing Agl.inst SmaIInOx.

On the request of DR.. I. l.. Fulgham,
county health officer, the board Of
supervisors Of Kinds County authorized
the purchase of n lot Of vaccine virus.
In his communication he advises every
one who cannot show a typical vaccine
scar to be vaccinated at once. This
suggestion is made owing to the fact
that smallpox prevails in Monroe, La,
and Hot Springs, Ark, and is not due.
as he states, ito desire to create a
senseless panic," but simply to prevent
one should the smallpox appear.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

The government is testing new
plan for signalling at sea, which has
already, yielded remarkable results. 1t
consists merely of an ordinary gong
fastened to the bow OF tile ship below
the water line. This acts as a trans
mitter, and the receivers are gongs oi
exactly similar tone and rate of vibra.
one on each side Of the ship below the
water line. The receiving gong will
take up and reproduce the sound of the
sending gong from long distance.
Signals already have been clearly trans
mitted ten miles.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
Killed His Father.

One night last week near Anding,
forty miles west Of Jackson, Tom Jones
shot his father, Charles Jones, four
times with pistol, killing him instant
ly, The family is one of the most prom
inent in that section. The father and
sor had quarreled. 1t is reported the
father came home considerably intoxi-
Gated, renewed the quarrel and com.
menced abusing the family. Finally he
attacked Tom with table fork, when
the latter drew pistol and. fired foul
times. The son is about 90 years Of age,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

S. Fried, chairman, called tho cotton
growers of Oktibbeha County in conven-
tion at Starkville last week. About 100
of the leading planters responded. After
able addresses by Gen. 5. ID. Lee, Prof
Tracy, Hon. Swan Washington and
others, the Jackson resolutions were
unanimously indorsed Committees
were appointed to canvass the county
and secure the cooperation of all cotton
prOwers
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
Appolntments by tlie Gorernor.

Gov. Stone has made the following
appointments: George S. Donald, notary
public at Meridian; w. ID. Cutrer, treas
urer OF Clarksdale; A. L. J. Glenn,
treasurer of Brooksville; E. A. W..
Roberts, justice Of the peace for the
First District of Lafayette County; John
Kelly, assessor of Holmes County, vice
Charles l.. johnson, deceased.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

Mai. j. +. Sessions, who has been a
member OF the railroad commission since
1856, has withdrawn his name from the
list of candidates for that Office from the
Southern district. He does this on ac-
count of i'll health, not feeling able u
make canvass.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
Too Poor to Raise a Row.

The Circuit Court Of Marshall County
adjourned last week after the shortest
session in the history Of tho county.
The court session lasted six days and a
half, and that of the grand jury four
days. Hard times is largely responsible
for it, as the people are too poor for law
breaking or litigation.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
THE NEXT CONGRESS-.
A Glance at Some of tho Marked
Personalities.
Large Numberof Unknown Rep
resentativcs OF "A Political Revolution
New Men Who Are Likely to
Attract Attention.

correspondence OF the Philadelphia Telegraph.
If reports be true there are some orig
inal characters among the new MEM
bers of the next house. Yet it is prob
nble that those who expect the next
congress to have "scrub" house" be-
cause of the presence of SO many new
men viii, be very much surprised.
Of the 1856 members-elcct to the house
162 have never before served in con-
gress. Eleven others were not members
of the last. but have served in for
mer congresses. The number of entire
ly new men is large enough to give the
assemblage the character of legisla-
tive kindergarten. Twenty-seven of
the men entirely without experience
are democrats. The republican ma
jority will, Therefore, be composed Of
la5 raw recruits and only 1O6 veterans.
Should these recruits take it into their
heads to combine the new against the
old and run things their own way they
would have Il majority of 20 in the re-
publican caucus, and could do exactly
as they pleased. They could elect the
speaker, divide the committee chair
manships to their own liking, and out
line the policy of legislation. II the
veteran republicans should absent
themselves from the house the new
members of the house would of them
selves outnumber all the democrats in
the house by u majority of 81. All the
old members of both parties combined
would have majority of but aS over
the republican recruits. 1t is decided
ly a new house.
| SOME OF THE UNkNoWNS.
A very large proportion OF the new
members are entirely unknown outside
of their own neighborhood. Even
representatives from their own states
often know nothing about them, and
occasionally it is found that the ole
member defeated knows little more OF
his victoriousrival than that he got the
nomination because no one else wanted
it, and somehow was elected.
1t does not seem, however, that ther,
are as many oddities in the next hous,
as might be expected among SO man,
entirely strange topublic life. In som,
districts. however, where the repub
licans had not the least idea of sue
cess, the nominations were given in
differently to most anyone who woult
have them, or who could make the can
vass without much cost. On the prin
ciple of economy and convenience
their business making it easy fo
them to enter a canvass with
out additional expense, an itincran
doctor and vender of patent med
icine was nominated in one district
and in another II music teacher ant
piano teacher was nominated. Boil
took the nominations as sort of ad
vArtisement, and both were elected
Both may make excellent representa-
tives, for it is said they are capabl,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
An o,d Copfc,,erate Dead.

MajorC L. johnson. gallant Com
federate soldier and for, many years
county assessor Of Holmes County, died
suddenly last week Of congestion Of the
lungs. Major johnson was widely
known and greatly beloved by all WHO
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

John Curray, sheriff of Smith County,
and posse passed through Forest last
week on their way to Jackson, having
in charge Amos r. Arriden, charged
with numbering and robbing Nueses
Boon, the Star Route mail rider, near
Burns. Arrinden had a preliminary
trial recently at Trenton and was bound
over to the Circuit Court without bail.
The evidence against him was almost
positive, and it was not thought safe to
keep him in the county Jail.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
Foul Play Suspected.

Sidney Byrd, a prominent young
planter near Heathman, Sunflower
County, left home several days ago and
has not been heard of since. Foul play
is suspected, as he had money.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
Barn and 1900 Bushels of Corn Burned.

Guy Jacks fine stable at Scooba,
which was erected for livery stable,
but used as barn, with about 1000
bushels OF corn, was destroyed last week
by fire. 1t was undoubtedly the work
of an incendiary. There was no insur-
anCe,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
win oct Part Of the Fortune.

A prominent Matches family, tbatof
tho late Judge Josiah Winchester,
comes Ia iol a-iasso siicu 81 : ~cr's,.
lion dollar estate left by a brother q
the Judge, Henry X. Winchester. ~
Santa Barbara, CAL, who died two wsskl
tuO,
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16
A Tough Young Man.

Meridian, March 7.-Consderable ex-
citement was occasioned on the streets
this afternoon by tho pursuit by police
officials and capture, after the firing OF
man named John Bieder, whose arrest
on charge Of dsorderly conduct was
attempted by Policeman Dunbar. When
the officer appeared in the hallway OF
the house at which tho young man was
stopping the latter endeavored to dis
suade him from tho execution OF the
warrant for his arrest, and, falling in
this, he returned to his room and re-
appeared in the hallway with revolver.
with which he covered the officer and
| ordered him into the room. Bieder
then made his escape from the building,
and after running the distance of several
blocks through the business streets and
seeing that Dunbar was following, he
turned and fred two shots at the officer,
one of the balls slightly wounding ne
gro who happened to be within range.
Bieder was intercepted on the south
side by Officers Harvin and Horn, by
whom he was arrested and carried to
the county Jail.
Bieder was convicted in Alabama some
years ago on charge of holding up and
robbiDg man at Whistler, and was
sentenced to five years in the penten-
tiary. After serving three years OF that
time in the coal mines he was released
last May and came to this city. He had
been here only few weeks when he
was arrested and convicted of some
potty oRanso and sentenced to the rock
pile. 1t is charged by a young man OF
the city that he was approached last
night by Bieder with proposition to
arm and mask themselves and inter
cept men on the streets and rob them
of their money, watches and other valu,
bles. The mask that he had prepared
is now in the hands Of the chief OF
police.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

rArsE the operatives had ignored
IDus decisions of arbitrators, the
Manufacturing employers of En-
\ have refused to consider new
kturys for arbitration, and the ma
! HI federation has notified the op-
lives to stop work on the 10th.
! lprder Affects 200, 900 employees.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

WAS positively affirmed in Toron-
Ont, on the Sth, that writs for d
pGal election in Canada would be
ped within Il week and that the
EIlon would be held in about q
|hlh The liberals are confident of
lTing the country on their trade
{y. They promise to make sweep
! tariff reductions.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1895-03-16

+, women of Alliance, O., held a
r.attended meeting, on the 9th,
|, [sminated an independent ticket
Iuhlic school board. There was
.n,busiasm. At a caucus of the
n, marty, the same evening, the
[n's ticket was indorsed unan-