smithclay/nortonstories huggingface dataset:
Year: 1879

The Cleveland Herald thinks that if it is
true, as Judge Davis said in his recent speech,
people, "it is rather unfortunate that the
confederacy saw fit to assassinate SO warm a
friend.' No ono but tho editor of radical
paper could have conceived the brilliant idea
that John Wilkes Booth was "the con-
Year: 1879

AS the GLOBE has stated for two days past,
80 it proved, and yesterday Gen. Averill
formally notified the Republican committee
that he would not serve at tho head of the
ticket. This was simply in accordance with
what he had said from the first. TIE con-
vention made the mistake of supposing that
the General could be persuaded to recon-
slider his determination.
Year: 1879

HAYES is reported as of opinion that the
legislation proposed on the army bill is in
tended to defy and coerce the executive.
Well, suppose it is. If the executive will not
do what is right and what the people demand
of his own free will, he must be and should
be Coerced.
Year: 1879

GEN. AvER1LL was the strongest man the
Republicans had, and that fact led them to
nominate him in face of his protestations
that he could not be candidate. It was
really discourteous to nominate man who
had 50 frankly and positively declined, but
knowing the Generals generous and whole
souled nature, they hoped to force different
Year: 1879

The law requires every registry in the
city to be open to-day from A. M. to 9p. NJ
The registration will then be closed, and no
one can vote on election day whose name is
not registered, unless he swears his voto in.
Every voter should sec that his name is reg
istered before nine o'clock tonight.
Year: 1879

YAKooB KHAN apparently wants to hold
on to his brief power in Afghanistan as long
as possible, and to that end is endeavorin2
to delay the negotiations for the surrender
which he recognizes as inevitable. He
Khan't surrender too soon for his own good,
bo1uovor
Year: 1879

To the Editor OF Tue UIODe.


ST. PAUL, April 26, 1s79.-In to-day's
issue of your worthy paper noticed my
name mentioned as candidate for school
inspector in the second precinct of the Fifth
ward. would kindly request that you would
correct the error, for I do not know any
thing about being a candidate for any public
Office. Yours very respectfully.
Year: 1879

The editor of the Minneapolis Tribune
still continues to talk about the time when a
smorning paper shall enter the field in that
city. His faith seems to be strong, but it
appears TO us to be ssfaith without works.
Year: 1879

THE cAsT-IRoN CONTRACT BY WHICH THE


UNION PACIFIC RAILROAD COMPANY BINDS


THE SHIPPER.


For long time merchants who do business with
the Pacific slope have been complaining of the
iron contracts which they have been forced to make
with the Union Pacific Railroad. bill to remedy
their grievances presented i'm the House of Repre-
sentativcs by Congressman Reagan. and IT passed
that body. On Wednesday the HERALD published a
petition of merchants to the Senate asking that
body to indorse the action OF tho lower
house. aud showing good therefor Since
then effort has been made 10 secure copy OF
these cast-iron contracts which met with
yesterday. According to IL the merchant covenants
and agrees la consideration OF special rates of freight
which slightly lower than the regular tariff. to
ship or cause to be shipped by way of the Union
Pacific Railroad and such other connecting railroads
as may be designated from time to time by
tho general freight agent of the Union
Pacific Railroad Company, all the goods. wares
aud merchandise purchased by for, aud
shipped by or consigned TO the merchant from any
point in the United States Canada, east of the
ridian Of Omaha. for sale the Pacific coast
during specified time The contract says that the
object aud purpose of this agreement is to for
and give " the Union Paciie the transportation "
Year: 1879

not only that class and portion of the freight of
the merchant which has hitherto been shipped by
rail. but also all that winch the merchant


has been accustomed TO ship by sea. The merchant
who gives all his freight to the Union Pacific is in
formed in the contract that the special rates OF freight
for his sole and benefit. and he is forbidden
to allow the of his name or shipping marks
in any way upon any class Of freight by any other
party which shall for the latter the benefit of
the special OF freight. The Union Pacific Rail-


road also assumes the, privilege OF desig-
to ship this freight to Council Bluffs or
Omaha. and if the merchants do not ship their
Pacific shall not be held responsible for any over
charge III the rates OF freight. The merchant is
obliged to describe accurately all freight that the
proper rate may be applied when inspected by the
carrier but when there any doubt the carriers have


right to open and inspect the package and If it is
discovered that the merchant has not truly described
its contents then the carrier will have the right to
charge in all such cases, double the regu-
lar tariff. Carriers also released from
all liability for chatting of goods packed
bales, and all other liabilities insurers
OF any and all goods. for which the tariff provides
two rates. the lower OF which is conditioned upon
the signing by the shipper OF release of tho form
furnished by the company. The Union Pacific Rail
road can also at it's option way bill ut special rates
ment, all any of the freight covered by the agree
ment. In the latter case the charges rs ''way BILL
must be paid by the merchant upon delivery of
freight aud at the end OF each calendar month,
upon presentation of the bill for charges
paid to the General Freight Agent of the
Central Pacific Railroad Company at San Francisco
within reasonable time thereafter the difference
upon the charges collected upon delivery of freight
and the amount to be paid under the agreement
shall be refunded to the merchant The merchant is
bound if he wants to break the contract to give the
Union Pacific sixty days uotice, and he cannot send
any goods TO the Pacific coast by sea or any other
route if there is any possibility Of the arrival OF the
same in the State OF California before the expiration
of that time.
Year: 1879

By request William o'Neil, captain Of the volun-
teer Life Saving Corps. called on Mr. F. W.
Houghton. secretary of the Maritime Association at
this port at his office. No. 66 Beaver street. yesterday
afternoon. when he informed by that gentleman
that the intention of the Maritime Association to
present them with boat and fixtures and furnish
money for the erection Of station some Of the
piers. The secretary asked that Captain O'Neil
ascertain the cost of boat and station and bring
the same to him to-day, when the association
will take action. The cost OF first class
boat found to he $50 aud that for building sta


ton $35. On previous occasion Captain O'Neil re-
fused the offer OF station but the cold weather is
too much for them and the need Of some place in
which to ''warm up. is severely felt The daughter
of the Water street merchant who presented them
the money with which to purchase the rubber suits
is working fine silk flag for the boat. with red
cross in tho centre The life saving raft, which is
being presented to them by Mr. Fred. Miller. of No.
rs Maiden lane will arrive Monday morning from
Coney Island. where it has been used on the beach
for the past season. The corps will visit the Mari


time Association Rooms again to-day. when the plans
for both boat and station will probably be completed
Year: 1879

There was very narrow escape from q probably
serious loss of life ut the Norris and Essex Railroad
depot in Newark yesterday forenoon. The Bloom


field train lay in the depot ready to start when down
came the Easton mail train the same track, late
twenty minutes. The grade is very steep. and the
train slid the iced rails in spite of the closed
brakes Meanwhile the Bloomfield train, seeing the
impending collision moved out toward East Newark.
1t did so not moment too soon for along came the
Easton, crashing into its platform. Fortunately
the only damage broken headlight. platform
and cowcstcher The passengers greatly fri ght-
ened.
Year: 1879

Owing to the illness of Judge Davis no Supreme
Court Chambers was held yesterday. and the settle
ment OF the order to be signed in accordance with
Judge Davis decision in the case of the examination
by the committee of the Bar Association of the books
and records in the Office of County Clerk Gunbleton
postponed until this morning. Mr.. Beach,
Bar Association committee, the latter being anxious
for the signing Of the Order that they can enter
upon their exaniuation.
Year: 1879

FIFTH AVENUE AND TWENTY FIRST STREET,


New York, Jan. !, 1879 }
To THE EDITOR THE HERALD:-


In your paper of yesterday see it reported that
the young men composing the "New York Volunteer
Life Saving Corps have been instrumental in saving
the lives Of twenty-five persons. but that they have
not yet succeeded in their efforts to procure boat
suitable for their service. Without knowing any
tnlng about these young men I am certain that
there many persons of means in the
city who would be only too happy to
contribute to praiseworthy object, and will
undertake to provide the association" with boat
and whatever else may be necessary for their pur-
pose If they will furnish me with the dates, names
and circumstances necessary to verify the numerous
acts Of hcroism which they reported to have per-
formed. For this purpose enclose my card and bus
mess address. VERITAS
Year: 1879

UNDER THE PROVISIONS of the federal trade
mark law, which the Supreme Court to-day
pronounced unconstitutional, about 5000 trade
marks have been registered at the Patent Office
and about 200 applications for registry are now
pending.
Year: 1879

NON OE EHE SEC
OND Judicial District of the State of Nevada in and
for the County of Ormsbv.-James Gettys plaintiff vs.
Mary Jane Gettys defendant brought in the Dis


rict Court of the Second Judicial District of the
Nevada in and for the County of Ormsby and the
pant filed in said County of Ormsby in the office of the
Clerk of said District Cour-The State of Nevada sends
greeting to Mary Jane Getys defendant: You hereby
required to appear action brought against by tho
sbve named plaintiff in the District Court of the Second
Judicial District of the State of Nevada in and for
County of Ormsby, and to answer the complaint filed
therein "a copy of which accompanies this summOns)
within ten days exclusive of the day of service)
after the service on you of this summOns-f
served within this county; if served of


this county, but in this District, within twenty davs
otherwise within forty daysor judgment by default will
be taken against you The said scton brought


decree OF divorce dissolvn the bonds OF matrimony
istng between plaintiff and yourself the grounds of
your having committed adultery in the latter part of the
year A d. 1874 and in the early part of the year A. D.
1879, i'll the Territory (nOw State) of Colorado with
two certain persons, named in complaint, various
and diverse times and Places and and diverse
times and places down to this date with other
persons that to the times and places of said
being at said time in the State of Nevada and upon fur
the grounds that you had the time of your marriage
with plaintiff former husband living in Colorado by
of Robert Harris all of which is fully forth
plaintiffs complaint And you hereby notified that if
you fail to appear and the said complaint above
required the said plaintiff will apply to the Court for the
relief demanded in his complaint


Given under my hand the Seal of the District Court
of the Second Judicial District of the Sta of Nevada in
the year of Lord, thousand eight hundred and
seventy nine.


IsEAL.l J. Fl. MARSHALL, Clerk.


T. COFFIN Attorney for Plaintiff je6
Year: 1879

A MOTION TO CHANGE THE PLACE OF THE


TRIAL OF MR.. SMITHS SUIT DENIED.


The matter Of the suit Of Charles w. Smith
against Captain Alexander S. Williams and PATROL
man Thomas Fleming, to recover $4,000 damages
for assault, alleged to have been committed by the
defendants. came up yesterday afternoon before
Justice Gilbert. in the Supreme Court Kings
county. on o motion OF counsel for the
defendant for q change of venue. Counsel
lor William c. Whitney quoted from
lengthy affidavit by Captain Williams in which the
defendant forth that he had fully stated his
to his counsel, and he advised by him that he
had good defcnce that he has eighteen witnesses.
reside the city of New York. and all Of these
not proceed the trial without these that
he expects his innocence III reference to the
assault by them. and that it would be
convenient for said witnesses TO attend tho trial
grounds he asked tor change of the place of trial
to New York. The deponent also stated that num-
Der of the witnesses connected with the Fire
Department and with the Police Department and
that they could not get away from their respective
departments to 90 to Brooklyn. He denies that he
assaulted smith, the plaintiff. Patrolman Thomas
Fleming also asks tor change of the place Of trial,
and he denies that he violently assaulted Smith.


Affdavits also read by Messrs. Morris Pear
sail. opposing the motion. Judge Gilbert. after
hearing both sides. said he would not change the
place OF trial from Brooklyn to New York. it
convenient for the witnesses to como to that
city. There great delays III the courts in New
York owing to the large amount of business to be
transacted on the calendars. The Court had made
it rule not to transfer for trial from Brook
lyn to New York. The Judge said he would deny
the motion OF counsel for defence. The trial OF the
suit will take place about the latter part Of January
Year: 1879

Rumors have been extensively circulated for the
past few days the effect that strike was impcnd-
ing among the laborers in the freight department Of
the Erie Railway. and yesterday morning II was
expected the event would of A HERALD re-
porter visiting the companys stores at the foot Of
Duane street. in this city, and at the Jersey side OK
the Pavonia terry, found the men at work rs usual
and very unwilling to talk on the subject OF their
relations with tho company. Some said they knew
nothing whatever of any ntention.to strike or even
OF o demand tor higher wages, while others Admitted
that an increase had been as ed end refused but
claimed that there the matter had ended Notwitn-
standing this denial every in the vicinity OF tho
depot and in places frequented by the men nnu hearu
OF an intended strike aud OF discontent among the
men. The men are paid fifteen cents per hour, but
are .docked'' for time off, which occurs very often.


full time being $40 per week. 1t is said on good


uthority that the demand of the men is for twenty


cents an hour or s2 a day end no work on sundays.
Year: 1879

Mr.. William Astor has determined to
test in the courts the right Of the Custom
House authorities to enforce the payment
of duties on personal baggage and wearing
apparel. When Mr.. Astor's family re-
turned from o European trip last autumn
their trunks were taken to the appraisers
Office and the wearing apparel intended for
their own use alone was declared to be
dutiable to the amount of eighteen hun
dred dollars, which was paid under pro-
test. The Treasury Department subse-
quently approved the action of the Custom
House authorities and sustained their in.
depreciation Of the law. This is not salts
factory to Mr.. Astor, probably because the
Treasury Department has on former occa-
sions decided exactly the reverse, and prob
ably because common sense dictates to him
that when the law exempts from duty
''wearing apparel in actual use" and which
is sworn to be the property of a
person arriving in the United States,
"and not directly or indirectly i'm
ported for any other or intended for
sale," it means what it says ana not some
thing which it does not say. So Mr.. Astor
takes the case to the Supreme Court, and
in SO doing really performs an act of great
public value and importance. 1t is very
desirable that our citizens who visit Europe
SO frequently should know just what their
rights are, and thus be relieved from the
annoyance of being treated as smugglers.
II they are required to pay duty on articles
declared free by the law they will no doubt
do so; but if the law means what it says they
will no longer be subjected to misapprehen-
sion or injustice at the hands OF the Gus
tom House people.
Year: 1879

property. will serve to revive the business


of that popular thoroughfare and will be a


decided public convenience. The diversion
of trade from Broadway south OF Union
square is due solely to the withdrawal OF
travel from the street by the horse cur lines
and now by the IL" railroads. A surface
railroad. with clean, comfortable cars. run
at good rate of speed and at low rate OF
fare would assurodly bring back the old.
fashioned crowds to Broadway, for people
would rather go there than to any other
thoroughfare Business will return with
the tide of travel and stores will no longer
be left without tenants. We do not see that
there is now any serious opposition to the
proposed railroad; but it is desirable that
the franchise should be granted only on
condition that the road shall be made
superior to any horse car line ever before
run in New York.
Year: 1879




While our national legislature is potter
ing with the bill to establish postal savings
banks the far away Empire of japan has
system not only in operation, but has so
fully demonstrated its merits that, within
single year, the number of depositors has
nearly doubled, while the sum Of the de-
posits has trebled. When one calls ia
mind the extreme caution and distrust
that distinguish the Asiatic mind, and
the adherence of waste which is o marked
characteristic of the inhabitants of the west.
ern coast of the Pacific, the confidence
which has been inspired by the new method
of securing savings and the incentive which
has evidently been given to increase the
gross amount of earnings become too sig
nificant to be disregarded in our own land
of shaky savings banks and extravagant
people. Cannot some Congressman With
out an individual axe upon his shoulder
ana with distaste for party squabbles
own special charge, and enable every citizen,
no matter how far removed from financial
centres, to place his money where it will be
safe from thieves and his own prodigal
fingers There are some millions of re-
spectacle citizens who consider this subject
of more Importance than Southern war
claims, the chances of aspirants TO the
Presidency, or any other of the topics upon
which Congress is wasting time which it is
paid to improve in the interest of the public
whose servant it is.
Year: 1879

There is likely to be lively competition
for the privilege OF running surface rail-
road on Broadway. between Fourteenth
street and the Battery, and it has been sug-
gested that if q franchise is to be granted it
ought to be disposed of at auction to tho
highest bidder. There are some objections
to this plan, however, both the people
who would use such q road md the owners
of property along the route being too
deeply interested in securing first class ac-
comm odations and good service to warrant
the city in considering only how to make
few dollars out Of the enterprise. The ex-
pediency Of allowing the thoroughiare to
be used for street railroad being conceded,
care ought to be taken to make the road the
model one of the city, both in construction
and equipment The company receiving
the franchise should be required to supply
comfortable, convenient cars, good horses
and civil employees. They should be bound
by the terms of their charter to supply
seats for all passengers desiring them, to
heat the cars in the winter and to run q
sufficient number to fully accommodate the
travel.


There does not seem to be any difference
of opinion on the point that surface rail-
road will be great advantage to Broadway
Year: 1879

One Of the most cheering indications Of
the improvement of the world is to be
found in the new and enlarged significance
of many terms which once meant very
little. There was q time, and within the
memory of half the people alive, when
STATIONERY" suggested merely pen, ink
and paper. with perhaps an occasional
bundle of pencils and box of wsfers-zonly
this and nothing more. But Western
contemporary has just published some
items from the stationery statement of the
Clerk of the House of Representatives
which show that stationery has devel-
oped until in one respect it resem-
bles the hand of Providence-it takes
in everything. Among other things
not included under the old-time head Of
stationery we find razor, razor strop and


nail brush, which. having been issued to
congressman, are earnests of that personal
care which grateful country would have
it's invaluable lawmakers exercise. Four
opera glasses appear in tho list. and
suggest that an equal number Of
Legislators have m eye for the beautiful
as well as for the presumably useful. A
pair of dumb bells is something rather
startling when encountered in stationery
list, but the shock is endurable when the
reader realizes that q single Congressman
has the will to exercise his ruder muscles,
and, probably, give his tongue and tho public
q season of blissful rest. "One pack Of
cards is IN item which may shock the
sensibilities Of the ''unco guid," but with
the remembrance Of some Congressional
games still in mind we doubt not that
tricks with cards only would to occasional
Congressman be equivalent to radical reform.
A copy of the "Baby Opera" one of ''Songs
of the Sanctuary" and hymn book appear
In the list, and show to apprehensive spirits
that three Congressman, judged by the
Shnkespearean rule, are unfit for treason,
stratagem and spoil, while the religious
will note with holy JOY the fact that two
of these books Of song are Of O devotional
nature. Best of all, however, are the indica-
tions which the list affords of Congressional
opposition to the heresies with which the
age is infested. A copy of "The. Bible for
Learners" appears thereon, so it is probable
that one of our lawmakers has been moved to
visit the accepted source of moral teachings


"What Is one among SO many" may be
asked concerning this hitherto unsuspected
Congressional act Int we are confdent
Year: 1879

The message of the new President of
France, interesting portions Of which will
be found among our cable news. is state
paper Of peculiar interest and importance,
although it contains nothing but what would
naturally be expected from any one whom
the present majority of the Assembly would
elect rs Chief Executive. The President
asserts his devotion to his work and
to the leading principle of parliamentary
government, which is that the will Of
the majority is that of the nation; he prom
ises that particular attention shall be paid
to the maintenance of that tranquility
which France needs as we'll as desires;
that NIL legitimate and acquired rights shall
be respected, but that public functionaries
shall be neither enemies nor detractors Of
the existing system of government. Being
a Frenchman and the possessor of a mem
ory it is natural that President Grevy
should instance the army as that one Of
the columns of the social edifce ''whose
honor and interests will be constant OBJ
jects of its 0he government's) most cher
ished preoccupation. The policy outlined
is rightly termed both liberal and truly con-
servative. A pleasing feature of the mes
sage is the lack of allusion to the past
glories of the nation. France has hereto
fore been too emulous of those brilliant
periods of her past which were attained by
war, but the nsw Executive speaks only Of
the future, and future which can be con-
quered only by tranquility, industry and
self-control. The words Of the President
are ably supplemented by those of Gam
beta, President Of the Chamber of Depu-
ties, who promises to protect the minority.
but also to exact respect for the constitu-
ton.