smithclay/nortonstories huggingface dataset:
Year: 1868

Actions Against the C0rporatl0n-The Juris-


diction Of the Superior Court Defined.


Before Judges Garvin Mcneil and Jones.


Jacob Bretz Us. TIE Mayor, Gc-This was an ap-
peal taken from an order made at special term
giving judgment for plaintiff overruling demurrer
Of the defendants to PLAINTIFFS complaint. The
plaintiff claimed to recover damages for injuries
sustained by. him on the I'd Of December last by
reason OF the defendants negligenty leaving the
Eighth avenue openings In the streets and obstruc-
tons, without signals lights indicating danger,
whereby plaintiff in the night time was thrown
from his vehicle and received various bodily INJURIES
To this complaint the defendants demurred, assign
ing the only ground that the Superior Court had
no jurisdiction In the case, ana contended that all
actions against the corporation should be brought
in the supreme Court of the first Judicial district
In support OF this view counsel cited section OF
chapter $50, Laws 1867. The PLAINTIFFS counsel
local, and not being set out or referred to In the
pleadings the court could not regard it,


Judge Garvin, in rendering the decision OF the
court observed that If the Superior Court had no
jurisdiction the demurrer must be sustained so far
as this particular question had any influence upon its
action. But for any cause the act itself or the en-
actment was unconstitutional then the decision made
by the court at special term was right. The clause
provided that all actions against the Corporation
shall be brought in the Supreme Court, which should
have exclusive juris liction OF such actions. The
confer exclusive jurisdiction the Supreme Court
secondly, to absolutely take from every other court
in the State the judicial power to entertain any
action wherein the Corporation OF the city of New
York were defendants. II essentially public and
private in ITS objects. II had been held that
an act local in its provisions might con-
acter as contradstinguished from a private
local act nor could II be said that an enactment
referring TO one class OF criminal cases was public
act and another in regard to civil cases public
act when each act presented rule by which parties
and courts were to be governed. This court must
take judicial notice OF the act bringing II into exist
ence, defining its powers and ali the acts enlarging
restricting its jurisdiction. IL seems quite clear
that the clause OF the section under consideration
was public statute and being public statute there
could be no doubt about its constitutionality The
application OF those principles TO the under
sderaton was obvious, and the order below should,
therefore, be vacated and judgment ordered for the
defendants ON the demurrer.
Year: 1868

ing them abroad controlled their action.
If 1t be suggested that there are other
causes combining to favor our locality
and build it up, I ask what are they
Have you more manufactures than
heretofore? DO your iron furnaces give
employment to more men? Is there
any branch of business which has Civ
en- this impetus to the growth Of this
village? If any of these things exist
they have failed to come under my OBJ
servation.


Your town has taken rank among
the important towns of the state, but
chiefly on account OF the interest it is
taking in Educational affairs.


Take away your Institute, deprive
you of the prospect of the Normal
School, and your real estate would de-
preciate in value much more rapidly
than it has risen. Let every citizen
then contribute in proportion to the
value of his property Ito that extent he
is clearly interested) and the highest
anticipations of the most enthusiastic
actor in this undertaking will be more
than realized.
Year: 1868

You talk of Saving the country
From what have you saved it? Did
you save it from war? From taxation
and debt? From military despotism
and Negro Bureaus? Did you save the
Union? Did you restore the Union?


shall make but one more remark at
this time and then close.


You talk Of our party playing sharp
since 1907 to your party this well APP
plies, for was there ever such set of
"Sharpcrs" disgraccd a country as the
men who have had control OF the Gov
ernment for the last eight years? When
we say man plays mean he looks
out for himself without regard to the
means he uses to accomplish his ends,
and there never were words more APP
proprate than these, for their whole
aim has been to aggrandize themselves
and perpetuate their power. 1t Is
"strange that men suffer themselves to
be gulled by their leaders who have an
end to accomplish" Some of the Demo-
Gratis have been burnt by Republican
fire. They were told that with seventy
five thousand men the war could be
closed in thirty days, but it took nearer
million of men and more than four years.
They were told that the war was for the
restoration of theUnion, when it was for
the Abolition of Slavery and the equal
ization of the negro with the white
They were told that when the South
laid down its arms it should be restored
to its former rights and privileges. In
stead, il is under the iron heel of Des-
potism, and governed by negro law
makers to this day. But / hope they
have "learned WISDOM" and l think
have, and will keep their fingers out of
the fire this fall by helping to elect Il
Democratic Presidents; if not they de-
serve all they get. Hoping that you
may see your error and go and "'h
likewise"


| am yours very respectfully.


G. MOORE.
Year: 1868

We are informed by Mr.. j. Buchanan
the uncle Of the young girl, Miss Kate
Grupcr, who drowned herself in the
Mississippi river, by jumping from the
bluff in Fort Pickering, that her body
was recovered yesterday afternoon be-
tween four and five o'clock, and was
Immediately buriedin Elmwood Gem
ctery. The body was discovered by the
following strange incident. IT appears
that young man employed in Mars
| teard's brewery felt confident that the
body had lodged in the bottom of the
river at point about one hundred and
fifty or two hundred yards below where
she had jumped in, and that by keeping
constant watch it would soon make its
appearance. He had been led to th,
conclusion by the movement of a loaf
of bread which, three days after the
drowning occurred, and when every
effort to recover the body had been in
vain, was loaded with quantity of
quicksilver, and set afloat near where
the girl threw herself in. As strange
as it may seem, the bread directly float
ed out to the same point in the river,
and instantly sunk where the body
made its appearance yesterday. The
young man, induced by the liberal re,
ward of one hundred dollars, which
had been offered for the recovery of the
body, patiently bided his time, Keep
ing constant watch nearly the whole of
the time, night and day. Yesterday,
the ninth day after he had seen hep
drown herself, and within about fifteen
minutes Of the same time of the occur
renee, he was suddenly startled by
hearing an explosion in the river like
that of shell bursting in the distance,
and on looking around, saw the body
rise to the surface, just where the loaf
of bread had disappeared six days ago.
This il indeed IA strange phcnomenon.-


BcmBhis Post.
Year: 1868

KEEPING a SECRET. The disbeliev-
er in woman's ability to keep q secret
would have repentel his error had he
known Lucy p, a pretty brunette,
whom everybody scolded for her odd
and quizzical sayings, and everybody
loved for her frankness. One day she
was walking with friend, arm in arm
and was teasing her friend to tell her
something which was not proper to be
universally circulated. Her friend
answered her


"Tell you, Lucy? No, indeed, / shall
do no such a thing-you never kept
anything twentyfour hours in your
life"


She flung her arm around her friends
neck in very convincing manner, and
exclaimed. -
1
Year: 1868

"Does his mother know he isout."


Mr.. EDITOR when some natural fool,
or overgrown boy blunders into the wrong
place or gets into some scrape, we are apt
to hear the expression


"Docs his mama know he is out"
This was the case when Battle Bryan got
into his ludicrous scrape with the school
boys and went blubbering to John Norfleet.


Mama Norfeet highly offended that her
hopeful son Battle, had been so beset by
the fun-lovlng school-boys, calling him
scallawag, that she lost her temper and
threatened to have them put in Jail the
seedlings and rage of an old woman is not
valued much by the boys. She may vent
her rage at distance, but if she attempts
to put her threats into execution she will
find herself in hornets nest-every little
boy can string some, and when the whole
swarm get around her ears she will have a
Lively time of it.


John Norfeet may with Holden's police
force do much, but when he takes up the
boys, he will bring out much stronger
force-the mothers and sisters of these
boys, will make it a still more unequal con-
test, and even the success Of Mama Nor
feet will bring on his head, the hate and
detestation of the community, which will
endureIlonger thanHolden's power and hurt
more than the Hornets sting.


A man who attends to his own business
is apt to have the good feelings of his
neighbors, but public intorner is always
a hopeful character, and he who volunteers
in fight, is sure to receive some of the
paying blows-and this whole contest may
be transferred to Mama Norfeet, for school
boys are not very reverential aud don't
easily recognize the claims and pretensions
of those who interfere with them, however
great they are, in their own estimation.


Let Mama Norfleet, take her hopeful
son Battle off the track, and send HIM to
school in the big spelling class--for his
letter to Mr.. Wilkinson is so badly spelt
that it would invoke the derision of the ne
gro I" skule bois " and they too would join
in calling him scallawag, and both schools
will then be on his mama's hands. Send
him to school, it will be kind act and Sc
cure peace between you and the


SCHOOL-BOYS.
Year: 1868

LITERARY PAsFI4E,'-We are in receipt
Of the first number of this paper, publish
ed in Richmond, Va, by A. F. Crutchfield,
Esq, long and favorably known to many
readers ia this State as Editor of the Pc.
Aersburg Express.


Tie number before us gives evidence of
talent and energy, which in the Pustine
promises to supply want long felt in the
South.


In its Salutatory the design is announced
to offer you intellectual enjoyment, only
this and nothing more. The aim may not
be very high. We seek neither to reform
abuses nor TO educate the taste We do
not even hope to raise the standard OF pub-
lie morals. instruction will be incidental
to the matter of entertainment, and we
trust, indeed, that much may be learned
from our columns that will be profitable to
retain. But, first of all, we desire to he
guile the hours of leisure with innocent
mlrth and healthful sentiment in the va
:ried forms of the story, the essay, the
sketch, the poem. The tender and the
sportive, wit and humor, the shifting phases
of our common life-all that goes to make
home attractive, and that endears it to our
affections, whatever can excite Chaste
laughter, whatever may call forth tears
that may have no bitterness such are the
elements that it is our wish and shall be
,our aim to unite in our 80 Pastin,e."
Year: 1868

An IMPROVEMENT DECIDED UPoN.-The
Roanoke Ne,cS learns that it has been po-
sitively decided upon to run line of boats
or forty miles down the Roanoke, there to
connect with line from the Blackwatcr
and touching at Plymouth-thus opening
up the rich stores of wealth that lie along
the Roanoke to the reads at Weldon and
to the markets they give an outlet to the
enterprise at this point to be met by the
Seshoard, which will lay a track to, the
landing. The Norfolk merchants, will
push the matter to an early COM
pletion, in sufficient time to give an
outlet to the growing crops. The plan Is
both feasible and splendid, and we hope to
see il prove a success.
Year: 1868

Monday evening the School of this lady
closed at Marlborough with one Of her most
pleasant Soirees, at which the young peo-
pie of Town appeared in full force.


We regret that more of our citizens did
not take advantage OF the presence of Miss
G. here to give their children the benefit
Of her superior instruction. Under her
excellent mode Of teaching her pupils have
rapidly improved in the fashionable art OF
Dancing, readily acquiring an ease and
grace that reflects much credit on the etti-
cheney of their instructress.


Miss C. leaves Marlborough for the upper
portion of the County, where, we are glad
to learn, large school has been obtained
for her.
Year: 1868

WHERE Is 1T "A WARNING.--This LO
cal, in the ignorance of his heart and for
getful of the practice now so prevalent in
this Burg, had the foolishness to loan his
knife few days since to some person or
persons now unknown, which said knife is
uniustly detained from said local 20 his
muchly damage.


The fortunate individual possessing said
article of property is respectfully informed
that if he does not make immediate resti-
tuition to his innocent dupe infor nation
will be lodged against him for carrying
concealed ,ceapons.


W here's my knife 2
Year: 1868

THE LIBRARY OBSERVATION-DISCLOSURES au-
dience, equally as large and appreciative
as the first, welcomed the Second Enter
tainment given by the Ladies at the Court
House on Thursday night last.


The performances were pronounced sat
isfactory in the highest degree, all the per-
formers doing their utmost to entertain and
please the large crowd. We would like to
notice at length the rendition Of the differ
ent plays but so long time has elapsed
since the performances, that we feel such
would be out of place and devoid of inter-
est.


The Lady Managers request us to return
their thanks to tie entire community for
the gratifying encouragement awarded
their efforts and give notice that their
Third Entertainment will take place in
about two weeks, when they hope to merit
continued good wishes and praise from
all. Due notice of the Entertainment will
be published.
Year: 1868

A colored man, employed by the the A.
< n. C. Railroad remarked the other day
that he supposed he would soon be dis
charged from his employment, and on be-
ing asked the reason, replied that it would
be because he was not a 'scallawag. We do
not give his name, because in might hasten
his discharge but it will be made known
in quarter from which he will derive
benefit when the proper time comes, or in
other words, when he is discharged.


Newberne journal Commerce.
Year: 1868

A few colored Radicals held sort of
Milk and Water meeting in the Court
House in this place on Tuesday night, for
the purpose We learn to make some ar
rangements for a grand ratification meet
ing to be held here on next Saturday. A few
speeches were made, the Republican Plat
form and Gen. Canby's old election orders
were read, when the meeting dispursed.
Year: 1868

NEWSPAPER CoNsOLIDATIoN.- The last
issue of the Warrenton COurier announces
the suspension of the Indicator, combining
both under the present management Of the
Courier. This arrangement promises the
patrons of each first class paper, and we
ten Ter the new regime our best wishes for
their continued prosperity. The Courier
has been considers ahIy enlarged and other
wise improved.
Year: 1868

Our friend kenne Parker, we'll known
as selling the finest Water Melons in Town,
will please accept our thanks for one of the
choicest and most delicious melons we have
tasted this year.


1t was but fair sample of the kind he
usually has for sale.
Year: 1868

We are prepared to furnish at The Short
est notice Constitution and Bylaws for
Democratic Clubs in the State, similar to
those adopted in this and other Counties,
at the cost of printing.


Every Club should have sufficient num-
Der on hand. Send in your orders.
Year: 1868

REMovAL.-Joshua II. King, Merchant
Tailor, Norfolk, has removed to South East
Corner Main Street and Market Square,
where he is prepared to fill all orders in
his usual satisfactory manner. We take
great pleasure in recommending him to
our readers as the most skilllul Tailor to
be found in Norfolk. If you wish the la
test fashions. prepared in the best style, do
not fail to call at his Store, South East
Corner Main Street and Market Square.
Year: 1868

Association are requested to call upon the
Librarian at the Library Room and settle
with him for tie initiation fee due from
each.


Also those wishing to become members
are requested to leave their name with Mr..
Ddncy, the Librarian, who will report the
same to the Executive Board
Year: 1868

rHs aaEAr FAMILY MEDICINE OF THE AGE -
Pain Killer taken internally. should be adul-
terated with milk or water. and sweetensd
with sugar If desired, or made into syrup
with moiasscs. For q Cough, few drops
on sugar eaten will be more effective than
anything elso. For Sore Throat, gargls
the throat with a mixture Of Pain Killer and
water aud relief Is immediate and the cure
positive 1t should no. be forgotten that
the Pam Killer Is equally ~ good to take
internally, as to use externally. Each bot
tie is wrapped with full directions for its
use.
Year: 1868

We desire to send the Loyal Georgian
into every county III the State during the
campaign. Will our friends assist US
to do 90? Our terms are but $l.25 for
six months.


The Loyal Georgian was the first Re-
publican paper published in Georgia, and
it is one Of the few reliable Republican
papers now published in the State.


AS the National Republican is published
by the same company that publishes the
Loyal Georgian, we can transfer from the
Republican the most important news pub
lished in that daily paper. We can there
fore promise to lay before our readers each
week the latest telegraphic news, as well
as news Of importance from all parts Of
this State.


1t is not necessary for US to assure our
readers that we shall advocate the ratifca-
ton of the Constitution adopted by the
Constitutional Convention and the election
Of the Republican candidates for office.


We ask our friends in every county to
assist Us. we wish to add several thou
sand subscribers to our subscription list
during this campaign. This is perhaps
the most important political campaign that
the Republican party of Georgia will ever
carry On, and 1t is important that our
friends should be kept fully informed Of all
matters Of Importance to the party.


Will not every friend who receives this
paper subscribe If he has not already done
SO and will he not try and send us one or
more new subscribers.
Year: 1868




The Washington Chronicle Of Tuesday
saws, that the opinion OF the Supreme
Court in the Georgia Injunction Case, de-
livered on Monday, by Associate Justice
Nelson, will throw wet blanket upon the
hopes of those who have been relying
upon the judiciary as an ally OF treach-
erous Executive. 1t will be recollected
that an injunction was prayed, in the name
of the State of Georgia, to stay the exc.
cution of the reconstruction acts. The
application was dismissed tor want OF
jurisdiction, but the reasons which lnna-
enced this decision of the court were not
given. and have not been given in the form
of an opinion until the present time. but
recently startling report was put IN CIR
culatlon as to what this opinion would be,
but the question is now set at rest IN
manner which VIII be as gratifying TO the
country as it is creditable to the dignity
and honor of the court itself.


Among the reasons assigned for the dis
missal of the application, the most signlti-
cant, and the one which has direct bear
ing upon national affairs, is that wherein
lie court declares that it possesses no


thority to decide on political ques-
stions. Holding this opinion. it will
be impossible that ii should fulfil the
hopes which among Copperheads and
rebels were recently-sa confidently enter
tanned by giving decision adverse to the
reconstruction acts. The bare possibility
that it might usurp such q function as to
decide upon purely political question OF
that character was sufficient cause for the
apprehension of the most serious evils.
Witlfanother man than Andrew johnson
in the Executive chair, it might have. .occa-
stoned 10 particular disquietude; but with
an Executive whose many usurpaAQps OF
power demonstrated the probability OF
others still more audacious, the danger of
furnishing him such pretext was too
manifest not to excite the gravest fears for
the peace of the country. This opinion
will be like oil poured upon the troubled
waters. 1t will not merely tend to trail
quilize the political atmosphere, but, by
allaying the apprehensions of some unde-
fined possible evil, win remove one of the
obstacles to industrial and commercial ac-
tivity, and contribute to relieve the country
from the stagnation from which it is now
so severely suffering 1t could scarcely
have been promulgated at q more oppor-
TUNE time.
Year: 1868

had the right to do then he has still the
right to do. If he meant to disobey or dis
regard the law then, and act upon his con-
stitutional prerogatives, he may still do so.
Has his courage oozed out since the de-
parture OF General Grant, or is he unwill-
ing to tempt alone the dangers of that
thorney path he wanted Grant to tread !?
Does not the letter itself disclose pur-
pose, so reckless of the law, and so against
the morale of good government, as to con-
stitute high misdemeanor in office?


To this, we think no more eloquent and
fitting response could have been given by
brave soldier and an honest man than the
following from General Grant:


"The course you would have it under
stood | agreed to pursue was in violation of
law and without orders from you; while the
course | did pursue, and which | never
doubted you fully understood, was in ac-
cordance with law, and not in disobedience
to any orders of any superior And now,
Mr.. President, when my honor as a soldier,
and integrity as mau, have been SO vio-
lently assailed, pardon ME for saying that l
can but regard this whole matter, from
beginning to end, as an attempt to involve
me in the resistance of law, for which you
hesitated to assume the responsibility in
orders, a. lhps to destroy my character
- ahtry. | am in measure
8 sssa III Dis conclusion by your recent


sF - me to disobey orders from


seEsf Var, my superior andsz


pate, WstiI6et having couutere
Ithority an to disobey.


re is distinct Indictment of the Presi-


for wishing to induce his subordinate


DurSue course in UioEdtioa Of latC. Sc


We charge from such man ought not
ID pass without investigation by the repre-
sentatives OF the people, The proper resent-
ment of the General against an assault upon
his 'honor as s6ldier and integrity as a
man." is again coupled with the declaration
that the President attempted ITO incolre
him in the resistance Of taW, for echich you
hesitate to assume the responsib1ityh orders,
and thus to destroy Dy character before he
country.'


Here is charge distinctly made by a
thoughtful and honest man, first in the
hearts of his countrymen to-day, against the
reckless disturber OF the country's peace in
the White House. We take it for granted
that it will not be permitted to stop here by
those having proper authority but, III any
event, the people will settle the question
rghtfully, and in favor of the hero who CON
quered the rebellion.
Year: 1868

Reconstruction in accordance with the
laws Of Congress.
The equal political and legal rights Of all
citizens of The United States, except those
who have been convicted OF crime, or those
who have voluntarily attempted to destroy
the Government.


The enactment Of State laws for the
Inauguration and support Of system Of
common schools.


The elevation Of labor, and the passage
Of such laws as will protect the toiling
masses Of society in their just and legal
rights
Year: 1868

The Constitution adopted by the Con-
vention now in session will be submitted
to the people very soon. It will be such
d Constitution as the Republicans viii be
willing to ratify.


Our friends should now begin to work
with zeal, and thoroughly organize every
county and precinct.
Year: 1868

- All communications for publication
must be written only on one side Of the paper,
and accompanied with the name Of the writer.
We will not publish the name, unless the writer
wishes us to do SO, but we must have it as
guarantee of the truthfulness ofthe article.