smithclay/nortonstories huggingface dataset:
Year: 1879




decision of unusual Importance. involving the
liability OF savings bank illegal contract.
has just been rendered by the Supreme Court Gen.
eral Term Judge ingalls, writing the opinion Of the
Court George X. Sistare. well known broker,
directed in 1872 by the president of the Mechanics
and Traders Savings Institution TO sell for account
of the bank 500 shares of Atlantic Mail Steamship
stock. He some time in finding bidder, but
finally made n contract to sell and deliver the stock.
The president by some mis- also made
contract to sell the stock to another
person, but forgot 10 notify Sistare in time.
The consequences that Sistare was forced
did at cost of 5000. The bank refused to reim-
burse HIM. and he brought action in the Supreme
Court to compel il to do The case was tried in
June last before Judge Van Brunt. The defence in
terposed that both the charter OF the bank aud
the statutes Of the State forbade bank to
tract made by the President illegal and void. aud
that the bank could not be held liable Judge
Van Brunt adopted this theory and dismissed
the complaint. Counsel for Sstare appealed
to the General Term where the question of the
liability OF bank illegal contract was thor
oughly discussed by Mr.. H. 5. Bennett counsel for
Mr. Sistare, and by Messrs. John McKeon and Fred
erick Smythe ON the part OF the bank. the latter
maintaining that innocent depositors could not be
held liable for illegal acts of trustees. The Court
versed the judgment on substantially the grounds
that, admitting the illegal and unauthorized nature
the contract this defence could be ntcrposed
against an innocent party Who parted with value
any other doctrine would be to proclaim perfect
immunity to the bank to assist in the infection OF
wrong. provided all knowledge of its unauthorized
acts be kept from the party To he injured.
Year: 1879

The preliminary legal wrangle over the selection
of struck jury in conformity with the order of
Judge Davis TO try the suit brought by Cornelius j.
Vanderbilt against William H. Vanderbilt for
S1.0O0.000, claimed to have been promised him by
the latter if he did not oppose the probate Of Com
modore Vanderbilts WILL is still in lively progress
in the Court The matter came up again ycster
day before Judge Donohue. in Supreme Court
Chambers. for final settlement if possible, of the
terms of the order to struck Jury. As usual all
the various counsel were present, and discussion
more animated than amicable ensued. Objection
made to Mr.. Dunlap, the Commissioner of Jurors,
drawing the jury the ground of his being of the
political faith Mr.. Henry L. Clinton.
senior counsel of William II. Vanderbilt. This
objection was, however subsequently Withdrawn.
The discussion that ensucd had reference mainly to
the question whether the should be placed
the calendar OF the March term for trial. Judge
Donohue took the papers for examination. prom
Using early decision. The objection to the trial
month is that the litigation to set aside the will
pending before the Surrogate is not likely to reach
termination by that time.
Year: 1879

first class. By this arrangement when one
class is reciting the other is preparing for
recitation, and an alternating process kept
up through the day. affording pupils ample
time to study their lessons and the teacher
ample time to instruct the class"


This simplifics instruction and affords
more time to it. In school of mixed clas
scs half an hour might be devoted to class
OF only one or two scholars.


This bill provides that such a school
shall be established in every city, town and
incorporated village where it is desired
No one will deny the necessity of high
school in each ofthcsc communities, and va
| rious plans have been proposed whereby to
meet the necessity. One of these plans is
to have the people contribute certain
fees to supplement- the public fund and to
make these Ices compulsory where the par
ties agree to pay them. An objection to
this Is that it tends to give the control Of
the public schools too much into the hands
of a few individuals who contribute to their
support. Another objection to it is that it
does not tax man according to his ability
but according to his willingness. and in
certain months Of the year it would be
inadequate to meet the cXigcncics of those
months. Another plan is to divert the
State fund and give it to private enterprises.
This is so clearly unconstitutional that |
need not stop to argue that it will not do.
Another plan is that after the school fund
has been exhausted, then that private par
ties contribute voluntarily to the support
of the schools. This plan has been tried
and has signally failed.


Now let us see what this bill provides.
take it for granted that there is not
member on this floor who will not willingly
join In any feasible plan to assist in the
education Of the rising generation of the
State. We propose to supplement- the
school fund by local taxation and establish
system of graded high schools. Now,
what are the objections to the bill? 1t has
been said that it rcvives the old school dis
trict system inauguratcd by the Republican
party | need not in rcfutaton of this
charge produce the authority and read it
Year: 1879

Pm IApELPIiIA, Dee. 1S.-This afternoon
General Grant sens about half hour ut the National
Department headquarters OF the Grand Army Of the
Republic, smoking and chatting with leading officers
Of tie order and shaking hands with such comrades
as were presented. Tile commander of Post No. l,
on behalf OF that Post, Of which General Grant is 4
member, presented the latter with n handsome Grand
Army of the Republic badge.


The campfire ut tho Academy or Music tonight was
impressive exhibition OF military ceremonies inter
Epcrscd with addresses and music About hst al hour
before the ccrem0 at the Academy of Music
General Grant received by II delegation
OF the Grand Army OF the Republic,
the Continental Hotel and driven 10 the Academy.
the route being brilliantly Illuminated with pyrotech-
MICS and calcium ghts the OF which lent additional
spendor to the prouse decorations which cmbelshed
after the General reached the Academy the exercises
were begun. In one OF the pr0scenium boxes
sat General Grants family and several personal
friends The Mayor heads OF Departments and proml-
nent military officers occupied the other boxes General
Grant stage the right or General Hartranfi.
who presided. After address OF welcome by Cover
nor Hoyt followed by enthusiastic cheering General
Grant replied briefly, Concluding he said


There IL one thing want To impress upon you as
proud Of fight for aud 10 die for. No other country
on tho face OF the earth compare with ours espec
ally In the extent OF undeveloped resources Again


thank for the cordial reception have received
at your hands. Enthusiastic cheering


double Quartettc composed OF Grand Army mem
bers then sang the "shp Of state,"a composition ar
nsed for the occasion, after which Colonel Wander
slice Assistant OF the General Depart
ment OF the State, delivered an address.
Year: 1879

GENERAL GRANT DENIES THAT HE HAS ACCEPTED


TIE PRESIDENCY OF A CANAL CoMPANf-A


HEARTY GRYETING FROM VETERANS.


General Grant stated positively yesterday,
in Philadelphia, that he has not accepted the
presidency of the proposed Nicaragua Canal
Company. Admiral Ammen still hopes that he
may do so. General Grant received visits
from several prominent citizens yesterday, and
in the evening witnessed the campfire of the
Grand Army of the Republic at the Academy
of Music. lie was received there with much
applause.
Year: 1879

for erection OF church But there IL no church
society of that Sparta and need for any pub
lie church edifices. the question still remains as 10
what disposition viii be made Of the money should DO
paid TO the trustees.
Year: 1879

sistemce of any troops used for police
purposes TO keep peace at the polls.
There must be no restrictions on the
use of the military in putting down
riots and mobs without regard to
where they occur in the United
States, and this bill ought TO and
doub less will share the same fate as
its predecessors.
Year: 1879

Following the same line it can be
shown that each mans share of the
principal of the bond taxation is
comparatively less and less each
year.


Each man who has wheat, oats,
corn, pork, hogs, cattle or anything
else TO ship to a market, or who
buys lumber, coal or merchandise
will save the amount of the tax over
and over, ten-fold or more every
year, by securing the construction
of this competing line.
Year: 1879

This last sum paid twenty years
from next January, the debt would
be cancelled. The great probability
is that each mans proportion of tax
will be less than we place it above.
In the calculation, we have { to
make the figures plain to alp, rep
resented the assessed value of the
property of the county as remaining
stationary at 100000 from now
on up to 1890, whereas the truth is
the increased valuation would i'm all
probability be ten per cent. a year,
Year: 1879

New York, May 26.-To-day, in the
clerks Office of the circuit court, the
United States district attorney filed his
bill of discovery in the case of the
United States against Samuel J. Tilden,
to recover for alleged deficiencies in his
income tax. When the case was on the
calendar for trial several months ago,
the counsel for Tilden answered that
he was ready, and the-district attorney
asked leave to file bill of discovery
on the ground that much of the testi.
mony taken before the commission out
west was liable to objection, and that
the bill of discovery would very much
facilitate matters and make an early
trial possible.
Year: 1879

President Hayes Exodus Visws.


Washington, May 26.-The president
is reported as having expressed his
views regarding the negro exodus from
the south, as follows: Judging from
the reports of officers and agents as well
as from other good sources of informa-
tion, he thought the exodus was des-
tined to become general, especially from
those portions of the south where the
greatest amount of persecution was
inflicted on the negro; that there would
be no need of funds to help emigants
If the need of them were but properly
made known to the good people of the
country; that there could be no ques-
tion of the right of the negro to emil
crate whenever he saw fit to do SO, and
that this would and should be main
tained; that the interest of the negroes
themselves would, he thought, be best
served by their scattering throughout
the western states instead of crowding
into any one of them; that he had no
doubt, from very extensive information
on the subject, but that all who CAME
from the south would get good employ
ment north of the Ohio. He said also,
the exodus would do good, and, in fact,
had done good already. AS to the
proposition to charter boats and deliver
them by thousands on the banks OF the
river, the president said he thought the
step ought to be taken as one of justice
and humanity. In answer to the fol-
lowing question: Suppose the planters
or their agents use violent means to
prevent such boats from accomplishing
their object, could the government be
relied upon to give its protection?'' the
president replied with considerable
spirit and earnestness: sSuch resist
ance to lawful business carried on on
the national highway, such as the Mis-
sissippi, would be rebellion, and there
would be no doubt but that the govern
ment would afford protection.
Year: 1879

Washington, May 26.-The demo-
cratic caucus committee of the house
held conference this afternoon and
agreed to recommend that no further
plans be decided upon by the majority
until the senate shall have disposed of
the Warner silver bill, which passed
the house Saturday. This proposition
will be submitted at a joint meeting of
the senate and house caucus commit
tees tomorrow evening.
Year: 1879

bank, and that Goldsoll is indebted to
the bank about $500, 900 the recovery
of which is very doubtful. Similar
papers were found in Keyeger's room at
his fathers residence where he lived.
These transactions have extended over
period of nearly three years and most
of them have been studiously kept from
the knowledge of the directors.
Year: 1879

gions to Williamsport. To break tnis
threatening opposition, it is known that the
Standard Oil Company has recently pee"
purchasing largely of the stock OF the
New-Jersey Central, and it has been oe-
leved that persons interested III the
PENNSYLVANIA Railroad bad part IN these pur-
chases. 1t is easy to see Why that road may
wish to prevent diversion OF OIL Dusl-
ness from the Standard monopoly, or
completion of the Baltimore and ONO route
to this city. But these efforts will be OF no
avail if Mr.. Gowen can effect lease OF the
New-JerSey Central.


1t is often asked how lease of one bank
"ruDt road by another of the same sort can
"help either" The old fable of the bundle of
sticks which no one could break, though each
stick couli be easily broken separately, ought
to be read once more. If two roads have
ruined each other by excessive competition,
both may prosper if either leases the other
And whenever each can control q large busi-
ness for both, if united, which neither can by
itself get for the whole distance, union may
make both profitable. These principles apply
to all the important consultations and com
binadons proposed, though in each case it may
be question to be answered only by expert
ence, whether the gain in business will suffice
to give fair profit to both companies.
Year: 1879

high living; especially avoid intoxicating
stimulants; avoid devoting yourself to
acquiring wealth quickly; avoid the al
lurements of vice in any form, or excess
es of any kind. Parents can not too care
fully guard their innocent children
against secret vice, icentious plays, lit
erature or dances. The best advice and
the most difficult to follow, is to culti-
vate equanimity, a calmness of soul
that more than other sign indicates the
well balanced mind. Have occasionally,
at least, a change of scene and air, and
keep equal periods of labor and rest.
And, lastly, should there be noted any
signs of wandering intellect, seek at
once the advice of a skilled physician,
who has made arrangement special
study. When it appears Enthusiastically
the best plan is seclusiOn in an asylum.
This advice seems harsh, but it is cor
rect. 1t may seem strange, but the fact
is well established that attendants and
even physicians In aSylums become
themselves insane from constant care
of and contact with those under treat
ment. When to the care of an afflicted
one there are added the daily sight of a
loved one thus bereaved and the grief
and excitement Occasioned thereby, it is
simply dangerous to those around.
Again, it is difficult to commence any
restoration of health without change of
scene, while it is essential that the daily
and even hourly changes be noted, that
proper remedies be employed.
Year: 1879

will be allowed to till the soil on any
terms. Five dollars per acre would be
ample rent for cotton lands of average
productiveness, and if the landowners
would rent at that figure there would
be no exodus. All that the negroes ask
is fair play and fair chance to i'm
prove their condition by honest industry.
So long as the landowners and store
keepers take. every cent of money that
the only workers in the South earn, dis
satisfaction will prevail. The laborer is
worthy of his hire, and unless he gets it
he will not work contentedly. Let the
dominant race in the cotton States offer
fair terms to the colored man and live
up to their promises, and the negro will
stop. This is the solution of the present
problem. .-.N
Year: 1879

The truth is, the Democrats are not
sincere in their present professions. The
threats they indulged in when the new
Congress met were not meant as harm
less gasconade. Finding the Election
law barrier to their success in 1850,
they formed deliberate plan for cOer-
cling the President into consenting to its
repeal by starving the Government, and
if they have now abandoned that plan
it is only because they are frightened ut
the signs of popular indignation. They
probably imagined they could make the
issue appear one between the people and
President, but the people penetrated the
stupid disguise, and saw the issue in its
true light, as one between the Constitu-
ton and revolution. They recognized
the howl of the rebel wolf. and they will
not be deceived by the desperate efforts
of the Democrats to pull sheepskin
over the animals ears.-New York
Tribune, Rep.
Year: 1879

From the ST. Louis Globe Democrat


The great majority of the colored men
who have already passed through this
city, on their way to Kansas, have here
tofore worked ON cotton plantations.
Each head of a family rents from five to
thirty acres from the owner of the plan
tation. For the cotton land he pays $40
per acre rent, and for the corn land from
S. to 81 per acre. An acre of cotton
will yield from three-quarters of bale
to bale and half. For ginning, the
colored man pays the planter who owns
the gin 80 per bale, doing all the work
and finding the bagging in which the
ginned cotton is baled. If the owner of
the gin does the work and finds the bag
ging, the charge is 81 per bale. The corn
land yields from forty to fifty bushels of
corn per acre, worth from 20 to 35 cents
per bushel.


The credit system obtains very gener-
ally throughout the cotton region, and
the storekeepers make advances of goods
on the growing crops, charging the most
unreasonable prices for very inferior
goods. During the winter which has
just closed, pork, in the neighborhood OF
Greenville, Miss, was sold to the colored
people at from $1s to $50 per barrel
Here, the same quality was sold for less
than half that price. Last summer and
autumn the eolored people were charged
1922 per barrel for meat that could be
bought in st. Louis, and delivered al
river points, in all the States south OF
Missouri, for SO per barrel. All the 9th.
er necessaries of life have been furnish.
ed at the same outrageous advances on
their legitimate prices, and invariably
the negroes have come out in debt at
the end of the year.


The fault lies with the greedy land
owners and extortionate store-keepers
The land for which the negro laborers
have been compelled to pay $40 per acre
rent would not sell for that amount in
many cases. Some of the most product
i've cotton land in the South would not
bring $25 per acre if put on the market
to-day. OF course, the land is really
worth more, but its value is deprecated
because neither owners or tenants, who
are obnoxious to the Southern whites,
Year: 1879

Boys are boys. They look you square


in the eye and read your general character


like book. They begin to do this about


the time they get inside of pants and boots,


and do it better than men. because the arts


and artifices and Illusions and loves and


ambitions and vanities of lie draw kind


of glamour over most mems eyes soon
after they emerge from boyhood. The
keen penetration of boys detects your
shams and weaknesses. and also your hon
esty and courage and force. almost at the
first meeting. and when they have once
made up their minds about you. no cover
ing of pretentiOus words and no masked
expressions of face can induce them to
change their opinions. If You are in doubt
rs to your own real quality, put yourself
on exhibition before a company of boys
and You may SOON find it out. Their
saucy slang or respectful reserve will soon
classify you as good bad, very good, very
bad. $3.50 or indifferent. in summary and
positive style from which there is generally
no more authoritative appeal. Boys are
annoying, noisy, bold. often
.ruel. often deserving Of punishment. but
hey are bright and generous and teschab.e
md useful for all that, and discern motives
with the skill of old detectives. They are
,ntitletl to our profound respect.
Year: 1879

Hagerstown, Md, May 29.-About
2 O'Clock this a. m. a fire was discover
ed in the lower floor of the Washington
house, in this place. Before the alarm
could be given, the fire had gained
such headway that the flames rushed
up the stairways completely cutting off
all escape. There were upwards of sixty
persons on register besides regular
boarders, nearly all of whom were COM
PEELED to escape by climbing down the
porch pillars. Several Of those who es-
capped in this way sustained. seriouslin-
juries by falling. One man made a
rope of his bed clothing and attempted
to escape in this way from the fourth
floor. The rope broke as he reached tie
third floor and he is now lying in very
critical condition. A child of the
agent of the. Valleyrailroad
while climbing down .theporch from
the fourth floor fell, and is supposed to
be fatally injured. Two bodies have
been found, in the ruins, burned to a
crisp, one of them Is L. Troxele. of
Cumberland, and the other one is un-
known. There are six persons missing
supposed to be burned and In the ruins.
Fifteen persons are injured severely
from falling and about twenty slightly
injured
Year: 1879

Washington, May 29.--Postmaster
General Key said to-day that unless
there should be change in the feeling
between the north and south, Gen.
Grant would surely be the republican
nominee for president, and he thought
Gen. Grant would be elected. Judge
Key thought that If there was perfect
tranquility in the country and no
threatened disturbance, then some other
man like Sherman could be elected.
He thought the political condition of
the country would outweigh the finan-
cial issues, and therefore, the indlca-
tions were all in favor of Grant
Year: 1879

New York, May 29.-The Times
says of the appeal of the Roman
Catholic archbishop and bishops in
behalf of Archbishop PARCEL: With
singular disregard of justice and
common sense, the assembled prelates
think that fresh reason for being met
half way by "oharity and honor' Of
the creditors is to be found in the fact
that "a large proportion of the debt
consists of accumulated compound in
terest.' 1t is not calculated to in
crease public confidence in religious
banking to find the Romish hierarchy
in the United States adopting the
principle that depositor's claim for
interest is somewhat less binding than
his claim for the principal.
Year: 1879

Washington, May 90 The declared
intention to proceed with chartered
boats to remove negroes from the Mis-
sissippi valley, under the alleged advice
and promised protection Of the presi-
dent, created much indignation among
the members of the Mississippi and
Louisiana delegations. Several MEM
bers, representing these delegations,
have called upon the president since
the publication of the Conway inter
view, and protested against the use
made of his name in the matter. The
president, however, assured those call
ing that he had not advised anyone to
make such movement. Representa-
tives King, Ellis and Gibson, of Louis
lana, to-day in a conversation with the
president on the subject, represented
to him that from the report of his dec
larations with regard to the exodus,
the impression would be created that
he favored the exodus and would ex-
tend government aid in furtherance Of
it. The reply of the president was in
substance that nothing whatever had
transpired in his interview which could
bear such construction; his only declar-
tion was that navigation on the Missis-
sippi should be free and must remain
unmolested The president expressed
the opinion that while any citizen had
the perfect right to immigrate from
one portion of the country to another,
it would certainly be very unfortunate
for the large masses of colored people
to proceed to any one particular section
of the country, and if they saw fit to
remove it would, in his opinion, be bet
ter if they could be generally settled
throughout the entire country. He ex-
pressed no opinion as to the policy or
wisdom of the present southern exodus.
Upon being informed by King that the
impression was being conveyed among
the colored people of his district that
the government would sustain them in
migrating westward, the president said
there was no foundation whatever for
the circulation of such an idea. He
regarded the story as being unfortunate,
inasmuch as it might tend to mislead
those contemplating emigration.