davidaulloa/AmericanStories huggingface dataset:
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1895-03-28

cent an hour, to apply only to lighting
" residences, churches, halls, hotels and
4iaelaflng Establishments. Meters to be fur
ia .! the village at the expense OF patrons.
wa such low rates as these, the risk OF
Etnb!e.
IeEanton took the risk, and now
shs ner critics to scorn.
Asystem has been in operation over a
4,
v have at hand the village report for
.gli year, up to March /, 1895, and its
sic light account makes mighty inter-
isfeading.
contains these Items
sal cost Of plant to date, $50, 1865 ga.
sal expense of running thesystem, in :
aas interest on the investment at 5
all and all incidentals, $3.50 q.
s.al income for the year from arc and
saoscent rents, "a ,060.73.
sss Of income over expense, SAIL so.
4aer words, Swanton's electric
N WHICH cost the consumers no more
M9sene, paid expenses, paid inter-
y lls Investment and Melted ouer
@frst year.
wonder that Swantonians to a
sfEe in the wisdom OF electric
Under municipal control (!
ssssonder that Swanton's trustees
pssslr reports by this convincing
NJ astees, before calling your atten-
Et.a consideration OF the detailed
~ Of officers reports appended,
nm %' y hrst to express their emphatic
~ Ioased on the inc ,me during the
\. a.4 me water and electric systems
great benefit, convenience and
n .Is \ Y tnefetrom, as well as what APP
ss1 NIX certainty that they will be
M rr,aalinlng and, within the lifetime
eas VI the present taxpayers, liqui-
r,,. = penses OF the enterprisel, that
80 80 Was made by the corporation
,s eg upon these improvements and
H. lalsclpailty. 1t is quite remarkable
M eEIsctrle plant could be put into
n, N England village, at an outlay of
III 49,, 80 and within one year be able
IA s nom us income the interest on the
apce s' running expenses and leave q
h, h, y ~ tne right side Of the ledger ac-
EsSas. y demonstrated by the report OF
Ma n herewith submitted and the
ksthiss G ! OF the corporation. And
ead nj, =, = rue, no better light can be
M i n. nofe favorable rates to patrons
sssnl proglded by Swanton village"
h es,Ia example has been followed
ID and !, ~ Johnson, Morrisville, North
uats Il S ". towns, which have put in
ssud 49, y controlled by the municipali-
(sqr low n,Cn Will get the benefit OF as
Wat sS ~. rates than Swanton.
Ne don" M, and these other villages
|hsmuas . West Randolph can do.
% than th spects we are in better condi-
, IN Others probably not as
sas cosi s ss Is arc lights for streets
1 vii rso Sns village $50 apiece.
eats, TSs oufe y arc lights to light our
inese at 80 will cost the village
la y II siHanton village Is cents on !
ilsst amps alu list to pay for its Is
lTo1ld on,,
tg yillaaa y require tax OF 10 cents
grand list to pay for our Is
u md W. y ssr rect lamps cost about s4oC
ssssntop b ~ should save that amount
Vest RanI5s,a population OF about / 6nO
laOipesunleph has at least thai.
Anton, tbs,a sescents can be installed in
Is no reason why AZ many
The advocate., 1895-08-07
Pels, Esq, the manager Of the Max
we'll Grant cOmDanv as follows.

grant, referred to in your communication. a.
in every other, the law Of the land must be-
supreme. The judgment Of the supreme court
of the United States on the subject involved
therein is authoritative and conclusive.
The settlers beg leave to differ from
the president as to the authoritative
and conclusive nature of the Judgment
referred to.
LOCATION.
~ The judgment of the supreme
court in the Maxwell grant case is not
authoritative and conclusive as to Che
matter of location.
The supreme court in said case To-
Gates the alleged Maxwell grant, at
the time of the treaty, in Mexico. But
in the Brownsville case the court says:
BY the treaty Of Guadalupe HidalgO rAti-
fed on the 3Oth of May, 1S4S, the Rio Grande
was acknowledged to be the boundary be-
tween Mexico and the United States (lOO
U. S. 149)
Admitting this to be a statement Of
fsct-and the map, which is a part Of
the treaty, says it is-then the alleged
Maxwell grant, which is east of the
Rio Grande, was, at the date of said
treaty, located in the United States.
Therefore the judgment of the supreme
court, locating the alleged Maxwell
grant in Mexico at the date Of the
treaty, is not an authoritative and
conclusive judgment because contrary
to the treaty of Guadalupe Hidalgo
which is part of the supreme law Of
the land.
VALIDITY.
~ The judgment of the supreme
court, in the Maxwell grant case, that
the alleged Maxwell grant is q valid
grant under the treaty of Guadalupe
HidalgO is not authoritative and con-
elusive.
The judgment of the same court in
the case of Mckinney VS.. SsViegO as
How, 235) is this: That an alleged
Mexican grant, to be a valid grant
under the treaty of Guadalupe Hi
dalgo, must be located in territory
ceded by that treaty; and this judg-
ment is in accordance with the 8th ar
ticle Of said treaty which confines the
operation Of the same to certain ceded
territories and not to any portion of
the United States. Therefore the judg-
ment of the supreme court in the Max
well case that the alleged Maxwell
grant, located in the United States at
the date of the treaty, is a valid grant
under that treaty, is not an suthorita-
tive and conclusive judgment because
contrary to the 8th article of the said
treaty Of Guadalupe HldalgO as inter
preted by said court, and contrary,
therefore, to part of the supreme law
of the land.
TITLE.
(3) The judgment of the supreme
court, in the Maxwell grant case, that
the claimants of the alleged Maxwell
grant have title from Mexico is not
authoritative and conclusive.
According to the protocol, which is
a part of the treaty of Guadalupe Hi
dslgo, legitimate titles to property,
and real, were legitimate
titles in Texas up to the End of March,
1886. AS the alleged Maxwell grant
was made in the republic of Texas
seven years subsequent to 1886 the
The advocate., 1895-08-07

tiOn to the sO-called United States
patent; and they most especially called
his attention to a proceeding before
Judge Brewer in the United States
district court for Colorado to Vscate
the patent, because of fraud in the
survey, the suit by the United States
being confined to the Colorado portion
of said alleged Maxwell grant. After
the legal lights of the department had
concluded, l simply asked the assist
ant secretary of the interior if a
valid decision of secretary
of the interior would be en-
forced, eyes, sir" he promptly re-
piled. Secretary Muldrow thereupon
referred the petition with the accom-
psnying papers to the commissioner of
the general land office for investigation
and report.
A REPORT.
On the 10th of June, 1885, Commits
siOner Sparks made an exhaustive re.
port of the Maxwell grant case. That
part of the report necessary to my
present purpose is this:
The decision of the secretary in 1869, that
the claim under the confrmatOry act OF con-
gress, was limited to twenty-five leagues, had
become final under the rules governing the
practice of this department in its administra-
tion Of the laws The refusal Of Mr.. Secretary
DelanO to review it rendered that decision in
this case res judicata 80 far as executive &C
ion was concerned If the secretary Of the
interior could not have reOpened the case
certainly the commissioner could not under
such rules. (Land Office Report, 1885, p, 1927
The position taken in the petition is
here admitted. The secretary's de-
cisiOn was valid because final. It'll
could not be inValidated by any fur
ther proceeding in that department.
not even by an alleged patent issued
in violation of its authoritative order.
A CRIME.
When the report of Commissioner
Sparks reached the law department of
the office of the secretary of the inte-
riOr it came to dead halt. Ihad been
in Washington since President CleVe-
lands Inauguration some three
monthS-and my purse notified me
that must return to my New Mexico
home without having obtained an an
swer from Secretary Lamar, as to
whether, on the basis of the report of |
Commissioner Sparks, the valid deci-
sion of Secretary Cox would be en-
forced. Shortly after my arrival home
L received copy of a letter directed |
by Secretary Lamar to Commissioner
Sparks, dated August 10, 1885, that
contains this statement:
On May IL, 1885, was referred to you, for your
investigation and recommendation, the appli- |
cation Of o. p. McMains, of Ration. n. NJ, to
have such action taken as would throw open
to settlement and entry the lands in New
Mexico and Colorado embraced within the |
patented lines of the Beaubien and Miranda
or Maxwell grant, because of the nullity Of
the patent therefor through alleged fraud in |
obtaining it, Your report of June TO- 1885. Is |
now before me and has been carefully con-
sldered The application of Mr.. McMains is |
refused and you will so inform him.
When l read this statement was
stunned. 1 could hardly believe my
eyes. 1 made no such application as
Secretary Lamar represents me as haV.
ing made. The application Secretary
Lamar represents me as having made
is fraud, and a deliberate fslsifca.
The advocate., 1895-08-07
An Old Conspiracy in the Maxwell Grant
Case to Defeat the Enforcement
of Law.
President Oleve1aud's Peaceful Method"
for the Redress of Any Wrongs
Done" Was Meme, Meme,
Tekel, Upharsin."
NO. VII.


M. ?. Pelo, Esq, the manager of the
present Holland Dutch Maxwell Grant
company, that came dsrkly into pos
session of Steve Elkins' bogus tax.
titled Maxwell grant, says:
If any wrongs are done ito the settlers on
the alleged MaxN ell grant, their redress can
be obtained through the peaceful method Of
the law which is fully adequate to protect
every right Of the citizen. It's faithful enforce
ment Is due alike to the poor and the weak,
the wealthy and the strong.
PETITION.
If the peaceful method of the law
was adequate to protect the poor
against the rich, the weak against the
strong, the settlers on the sO-called
Maxwell grant would, in 1885, have
been admitted as rightful occupants of
lawfully surveyed public land. In that
year, Immediately after President
CleVelsnd's first Inauguration, was
personally before Secretary Lamar
with an application for the enforce
ment of the valid decision of Secretary
Cox, of December 81, 1869, that re-
quired the lands claimed by the Max
well grant claimants to be treated and
surveyed as public lands because of
the refusal of the claimants to accept
twenty-five square leagues as the full
legal extent of such alleged grant.
did not believe that violation, in any
way, of an authoritative decision of a
secretary of the interior could injuri-
ously affect that decision. For in
stance: Say Steve Elkins did have 2
million acres of public land surveyed
as an alleged Maxwell grant and a So
called patent issued in open and gross
violation of the valid decision of the
secretary of the interior, did such un-
lawful survey and patent inValidste
the secretary's decisionp l said not.
l said that settlers were not bound to
take off their hats to any violations of
executive authority even though those
violations were in the form of So
called United States survey or So
called United States patent. All the
settlers are required to do, said l, is to
insist on the enforcement of the sec
retary's valid order just as if no viola
tions of that order had occurred. HaV-
ing the courage of my convictions in
this matter, made application, as al
ready stated, to Secretary Lamar for
the enforcement of the aforesaid valid
decision of Secretary Cox.
A HEARING.
Finding Secretary Lamar engrossed
with tremendous rush and press of
office-seekers, asked the secretary's
permission to present the case set forth
in the petition to Assistant Secretary
Muldrow, which request was readily
granted. Secretary Muldrow called in,
first, Assistant Attorney General Nc
Cannon, and, second, Uriah p. Bax-
ter, chief clerk. These leading legal
lights of the interior department Cbe-
longing to what was called the sold
croWd'') made for the grant side a |
seemingly strong case. They called
Secretary Muldrow's attention to the
so-called United States survey; they
especially called the secretary's atten. !
The advocate., 1895-08-07


the authoritative, final, valid decision of
Secretary Cox. After the report of
Commissioner Sparks as to its fnslity
and consequent validity what is to be
dOne2 "The application Of the petit
tion cannot now be safely refused.
The only thing we can do, then, is to
have Baxter here write letter for
Secretary Lamar to sign in which the
petitioner is represented as having
made an application that the secretary
can and does consistently refuse to
grant" The deed is done. Therefore
did the Maxwell Grant company, and
the law firm of Britton & Gray, and
u. 2. Baxter, chief law clerk of the
secretary Of the interior, cOnspire to
defeat the enforcement, by trick and
fraud, of the valid decision of Secre-
tary Cox, of December 81, 1869, in the
Maxwell grant cases.
ONCE MORE.
"The peaceful remedy" then, that
President Cleveland says ''is adequate
to protect every right of the citizen"
was lsmentable failure In the case l
have just cited and explained. Never
theless, although often defeated in
seeking redress by the peaceful
method Of the law" the settlers have
concluded to try again. They have
sent to President Cleveland a petition
for the enforcement of certain laws
therein set forth; and the enforcement
OF either of those violated laws will re-
suit in redress of the great wrongs
from which they have so long suffered.
We are somewhat encouraged by the
fact that President Cleveland says that
the faithful enforcement of law
is really do to the poor and the
weak. That hits us here at StoneWall.
We are very poor and very weak. We
are also very suspicious; we can't help
it; we've been triCked 80 often. And
the fact that our recent petition to the
president for the faithful execution
OF certain laws, has already landed,
without reference by his excellency, in
a general land office pigeon-hole, is
Just the sort of thing to excite our sus-
piciOn that the Secretary Lamar busl-
ness is to be repeated that the poor
are to be defeated in their application
for the enforcement of law by the
wealthy and strong. AS the constitu-
tion, however, requires that the presi-
dent should "take care" that the laws
be faithfully executed, have made in
behalf of the settlers another effort to
get his excellency's attention to their
petition, as will be seen by the follow.
ing letter:
STONEwALL, Colo, July 8, 1895.
To President Cleveland:
Mr. PRESIDENT You will find enclosed
printed copy Of petition which has been re-.
lerred evidently without your knowledge, and
without instruction, to the commissioner Of
the general land office; and your excellency
Is respectfully requested to have your recep.
ton OF the enclosed printed COPY Of the same
acknowledged in due form. Dutilully yours,
o. T. MCMAINs Agent for Settlers
Once more, then, there is a possibil-
lty of our receiving from Private Sec
-etsry Thurber smiling reply in the
lear old form, saying: "The presi-
dent directs me to inform you that
your printed copy is received and that
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
THE DEATH RECORD.
An Old Pioneer of Osnaburg Township
Passes Away-Lived i'm Stark
County Seventy One Years.

William Yohe, aged nearly seventy-nine
years, died at his home on the Waynesburg
road, six miles southeast of Canton, at
o'clock Thursday evening, of old age. Mr..
Sohe was born in Washington county, Penn
sylvania, in 1915. He came to Osnaburg
township in 1924 with his father, who in 1911
had purchased from the government the farm
upon which the deceased lived the balance of
his life and finally died.
William Yohe raised family of thirteen
children, five of whom survive him, Mrs.
Harriet Waddle and Mrs. Catharine Ridgley
both of North Manchester, Indiana, Mrs. Flora
Sickafoose of Howenstein, Pike township
George W. Yohe, principal of the West North
street school in Canton, and James Yohe, who
lives on the old farm. Mr.. Yohe is the last of
family Of seven, except Mrs. David Smith of
North Manchester, well known in Stark
county by those who lived here in the fiities.
The deceased was pioneer and in his youth
used to herd stock on the plains and hunt deer
around the grounds now occupied by the new
court house.
In politics Mr.. Yohe was always a republi-
can after the birth of that party and prior to
that, whig He was jealous and consistent
member of the Methodist church.
The funeral services will be held Sunday
Sunday at 10 o'clock at Mount Zion church
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
OLD GLORY AT NORTH INDUSTRY

A delegation of about one hundred aud fifty
Junior Mechanics from Washington, o. W.
Holmes Sergeant Jasper and Patrick Henry
councils accompanied by W. E. Srassner's
new baud and the Daughters of America, went
to North Industry, Friday, to assist in the flag
presentation exercises at the school house,
Delegations from Bolivar Sparta and the
North Industry councils also attended.
J. A. Bliss, state secretary Of the Junior Or
dcrs, spoke upon the objects Of the organiza-
ton.
J. W, Martin, of this city, in an eloquent ad-
dress then presented the flag and Allen Carnes
on behalf Of the township board of education,
accepted the same in a neat address.
There were songs by John Eckert, with
banjo accompaniment, and general feast OF
reason and flow of soul.
The school house was packed and citizens
saythe village was never so stirred up before.
Dinner was served to the visiting councils in
the lodge room and was pronounced big sue.
cess. The Daughters Of America were served
with dinner at the hotel.
The Canton delegation report q splendid
time and everything enjoyable except the mud
which was entirely too plentiful.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
WHERE THE MONEY GOES.

Auditor Loichot has prepared his February
settlement for the state auditor. His report
shows that there is in the county treasury, to
the credit of the following funds, state sinking
fund.- S6356.99; Ohio State University fund,
SlO59,64 general revenue fund, $29,665.75;
State common school fund, S2i, 1889; total
for state funds, $5s,27l 90, and the following
amount apportioned among the different local
funds, S412, ,sO5,55.
The local funds are distributed as follows;
For read purposes, Si9,5s5.1s; for township
funds, $i0,0s604; for interest, $4,5ss 81; for
state school fund, $50, ,s035O tuition in town
ship schools, sl7,s43.45; incidental expenses
township schools, s7,934eO; building town
ship schools, s7,437.l3; school funds, s5,ls9.s sii
sepersse school fund, tsS,s79.eo; township
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28

The signs of the times are encouraging for
patriotic teaching. The salute to the flag, in
troduced into the free kindergartens of New
York city by the late Col. George Balch, audi
tor of the schools of New York is given today
by between 100000 and OOO, 900 children
the country over including the government
Indian schools. The Youths Companion
salute, first used on the Columbian year pro-
gram, modification of the Black salute, is
given daily by many thousands more. The
Connecticut Legislators last spring ordered
flag over every school house in the state, and
old Trinity college, of Hartford set its seal of
approval upon the act by raising flag on the
campus with imposing ceremonies; the first in
stitution of higher learning making an effort
to join patriotism to scholarship Montana has
passed the flag bill.
The State Teachers Association and State
Township Trustees of Indiana, have lent their
united influence to the flag movement. The
Indiana and Pennsylvania Legislators are in
the throes Of patriotic legislation, confronted
by the demand for the flag on the one hand,
and the demand for the gatling guns upon the
other. The National Woman's Relief Corps
has inaugumted systematic patriotic teaching
and the last National Woman's Christian Tenn
perancc Union commended it to their member
ship.
As patriotic women of the republic, scourged
and harried by warsthat have not been ofour own
making, and menaoed and tortured by calami-
ties and crises, industrial and financial, which
an educated patriotism might have averted, let
us lend our encouragement to every movement
which shall have fer its end the assimilation
and unitication of all sections, classes creeds
and nationalities into one homogeneous Ameri-
can intelligence, an intelligence which will
justify the confidence of the founders of the
republic in the enduring power of free self
government; an intelligence that teaches that
he who lives for ones country is greater than
he who dies for 1t; an intelligence that is all
embracing, all-pervading, universal the
triumph Of free thought, free speech and free
and unfettered reason over brute force; an in
telligence that beholds in the stars and stripes
the symbol of Justice, equality and fraternal
love,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
REUNION AT MT. PLEASANT,

A very pleasant afternoon was spent at Mt.
Pleasant institute on Valentine day by a mum.
Der Of old time scholars who repaired to the
place during the noon recess. After all were
seated the genial teacher, Mr.. Schlichter pro-
ceeded with his classes when A. j. Rohn
called halt and requested to have the use of
the school room for the afternoon. The request
was granted and the exercises for the afternoon
were opened with song entitled, "Uncle
Sans Farm" rendered by A. J. Rohn, A.
Whitmire and d. l.. Brown, with violin ac-
compartment by Prof. OlenhOuse, musician
of rare talent. Next was reading class fol-
lowed by acknowledgements with song and
violin music. Then came the spelling contest
in which a number of the best old time SPELL
ers took part. The prize was won by Mary
Brown. Before closing the exercises of the
day it was decided to meet again on next Val
entine day and hold general reunion Of old
scholars and teachers. The following officers
were elected: John Whitmire, president; A.
]. Rohn, recording secretary; Sarah Keehn,
corresponding secretary.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
MINERVA ASKS FOR HELP.

Diphtheria is still raging at Minerva. The
physicians have exhausted all their powers in
efforts to stop its ravages but with little effect.
The anti-toxine secured from New York has
not worked and seems to lack the necessary
vitality to combat the disease, DIR. Ohlmacher
of Cleveland, has now been appealed to for
help. He is a specialist and scientist that has
recently been experimenting and has produced
some remarkable results in diphtheria cases.
He manufactures his own anti .toxine on an
original plan and Cleveland physicians think
he has better thing than the European anti
toxine. He has offered to come to Minerva il
they will pay his expenses.
SHOULD get favorable answer" said the
doctor yesterday, 81 will have the horse tap
ped at once for a gallon of blood With the
large amount of anti-toxine obtained, ! could
take care of large number of cases."
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-02-28
A WARM WELCOME.

John Augustine, of MassillOn, applied for a
divorce here last fall, but the court dismissed
the case. Mrs. Augustine then went to live
with her parents south of Massillon. John
wanted to talk with her the other day and
went down to the old homestead. As he
opened the yard gate, he says the folks set the
dog on him. He bested the canine in the fight
and pushed on to the door. AS he entered a
chair hit him, then crockery ware rained upon
his devoted head, and finally one of the family
rang the dinner bell and summoned the
neighbors. John thought he was getting into
close quarters and he managed to escape. Now
he says he will try for divorce again.