smithclay/nortonstories huggingface dataset:
Year: 1874

Having shown that corporations
a powerless to transact any busi-
ness. and can not even exist without
legislative authority, and that they
can only carry on such business as
I they are authorized to. in such man
ner as the law prescribes, by such
agents. Mt such times and under such
conditions and restrictions as the
law imposes; and having also shown
that operating railroad, and taking
tolls and freights, is business which
not even a natural person cIn engage
in without Legislative permission aud
authority; and that the company, by
refusal to exercise the franchise, sub
jectS itself to action for damages,
and forfeit their franchise by such
non user, l come now to consider
who is the owner Of the railroads OF
/ our State, over which these corpora
tions assert such absolute and soy.
ereign dominion and l shall show
that they are owned by the State,
and that the railroad companies are
only the agents Of the State for the
purpOse Of operating such roads; af
ter which it will not be difficult to
{ determine whether the principal can
control the agent, or the agent can
control and defy the principal.


In the first place, no railroad could
/ be, none ever was, built without in


voking the right of eminent domain
that is the poacer Of tie State to take
the private property of individuals
for the purpose of constructing the
road. This brings us to a crucial
test Of the character of railroads
because it is everywhere conceded
that the State cannot take, nor au
tlIorize its agents, or corporation o.


its creation, TO take private property
for other than public use. If rail
roads are private property owned IL
absolute right by the stockholders o.


the conn any, then the right of emi
nent d main can never be exercised
for their construction, because pri


vate property can not be taken and
conferred upon private parties fol
their private advantage. Ineed moi
stop to fortify this principle. because
it is as old as the right of eminent
| domain itself; it is embodied in the
| Constitution of the United States
and in the Constitution of every
State in the Union. 1t is not an
open question in any sense, or fol
any purpose. 1t is an axiom o.
American jurisprudence and what
ever pretentions falls upon it will be
broken, and whatever it falls upoT
will he ground to powder.
Year: 1874




But, it may be asked, suppose the
railroad company should buy its en-
tire right of way. and not have to re-
sort TO the process of condemnation
under eminent domain, how would it
be then? | answer, precisely the
samei because the company could
not, as have shown, do this with.
out authority derived from the Leg.
islature and the Legislature has on
" authorized the company to buy
and hold land for the purpose of a
railroad. which is a public highway.
And, after acquiring the land, the
company cannot change the use nor
the tenure by which it holds the land
without legislative authority


Well then, says some railroad at
torney. what has the corporation got
for all the money it has invested
answer. it has just what the Leg
islature granted, as a franchise. that
is, the exclusive right to use a pub-
lie highway. and perform the fnnc-
tions Of common carrier thereon,
to the exclusion of all other persons.
subject to legislative control; re
ceiving to their exclusive benefit all
the toll demandable therefor. This
is what the company paid its money
for this right was granted in consid-
Grafton that the company would pay
what the State would have to pay
for taking the land. and also the ex.
pense Of improving the properly by
the construction of the read. and the
expense Of cauipping and operating
the road.





It is. therefore. clearly within the
power Of the Legislature 10 alter or
repeal ,asiy rea road charter granted
by the State. A repeal ofithe char
ter would ,extinguish the corporation
and recall its franchises after which
whatever might be the equities Of the
stockholders or creditors Of the cor.
Year: 1874

Judges Davis, Daniels, and Donohue, sitting
IN General Term yesterday. listened 10 arguments in
reference to an old suit between John b. Greene and
the city Greene entered into contract with Tweed,
when the latter Commissioners OF Public Works,
under statute authorizing the corporation to expend
A. 10000 for the completion OF the works for supplying
water TO the city, or 30 much Of the Commissioner
of Public Works deemed necessary. The contractor un
dertook to lay the big pipes in the lower part OF the
city, but after had expended $50 he found himself
suddenly cut of from obtaining appropriation from
the city, He gave up the fulhment Of the con-
tract and the Commissioner Of Public Works completed
IL AZ less cost than the contract rate suit brought
nv Mr. Greene before Judge Van Brunt who decided In
favor OF Mr. for Co., including the interest on
the Ss2 OO and City appealed from this decision to
the General Term. Mr. Dean, Counsel to the Corpora


on claimed yesterday that the contract was not bind
ing on the city, there no advertisement for ten
ders that the amount named was excessive and that
the city carry the work under Its Charter and
the Commissioners of Public Works had no discretion en
cept as 10 the extent OF the work. MT Strahan put In
for the reator the ruling OF Judge Van Brunt that the
Commissioner had discretion under Chapter 2lS Laws
OF 1871 and also by decision in the Navarro Water
case In which contract made by the Commissioner OF
Public Works without advertising for sealed plds WAS
held binding. Decision reserved
Year: 1874

From theChicago Tribune, July 81


Nervous laoIes aud gentlemen who nave begun
lately to attend prayer meetings with unusual dlh-
gence nGSzeal will be relieved on learning that
the tail 81 the comet will not come nearer to the
earth. than $1,000, 900 miles. At this distance 1t
WIZ be difficult for the nukes to reach any
Sody in this neighborhood. Professor SanOrd has
made the estimate given above. He Is compe-
tent astronomer, and may safely be trusted. Even
II the earth should pass through the tail OF the
comet there would probably be no sensible phe
nomenon. Professor Stafford further informed q
Tribune reporter VINO questioned him ON these
points that the perihellon passage Is likely TO be
later rather than soOner that there is no estab-
Ished relation between the distance of a comet from
the sun at the time OF Its passage and the length
OF It's tall that the outline OF the tail has more
the shape OF a cateDary than OF O c0n0d. in revo-
luton that we cannot equate the length OF the
tail against its breadth by any system OF co-or-
dinates. Ii this Is not enough to disslpate all
alarm there Is no use OF taking more about II.
Some people will not listen to a clear simple
statement OF facts when once an apprehension OF
bodily injury Is aroused.
Year: 1874

To THE EDITOR OF THE HBRALD:-


Seeing SO much in your paper about comets and
the wonderful theories in regard to them, desire
although making no pretensions as an astronomer,
to give my theory, winch no doubt has been
thought OF by our learned men, but cast aside as
too commonplace for men OF their cloth, who
would rather theor.ze on comets being composed
OF matter so transparent that they can be seen
through as a glass; or matter so loosely held
together that stars can be seen on the other side
of them through the spaces IN their matter like
looking through sieve, or they would rather
theorize that after all they do not amount to
much. for when condensed they are nothing more
than handful. Becoming rather muddled with
all these vivid theories and believing 1t Will not
my theory. which, although crudely expressed and
commonplace, has at least as much common
sense IN It as some Of the theories advanced.
the correct one, l will commence thusly !:
Away on the outskirts OF our solar system are, we
Neptune and perhaps others which are removed
few miles still urther from the sun, and seemingly
cannot receive from our sun all the llght and neat
requisite. Now during the motion OF these distant
planets of our system, In their orbits around the
sun, they must come within the influence Of the
these outside suns all the hight and heat necessary
ana bseve So that oo tos oSas
theory is correct (and why notO, the tail part OF
the business is soon disposed Of Thus scientists
say tnat the atmosphere OF the earth reaches be-
yond 1t forty-fve miles; why not $500? Also those
planets OF our system which are so much iurtner
removed from the sun than the earth are much
larger. and no doubt have a deeper and denser
atmosphere Then, when one OF these planets Of our
system comes sufficiently near sun Of some other
system the light of tnat sun. shining on
this denser atmosphere, has precisely the same
eject to the eye as DrummOnd hight on a foQgy
night only the atmosphere, being denser near tine
body OF the planet Is brightest there, and fades
away as the atmosphere OF the planet becomes
more rarfed, causing 1t to appear TO planets In
that other system as q comet does to US. You can
now perceive from the above that my idea IS
ths-SOme distant planet OF some other system
comes within the range OF the light and heat OF
our sun. and the tail ia either It's dense atmos-
phere illuminated by light from our sun or else 1t
Is a fremans tOrchllght procession. URANUS.
Year: 1874

WASHINGTON, July 8, 1874.
The night was unfavoraole for observation Of the
comet. thin strata OF clouds 0bscured the path
OF "Old COdger," until he disappeared
below the horizon. There were a number of
visitors at the observatory, all of whom went
away disappointed at.the announcement that the
comet was not visible even through the strong
glasses.


Crednlous people begin to believe that the comet
Is bad omen; that Indian wars, hydrophObia,
financial distress and the possibility OF q third
term for Grant will all be due to the
interference OF this heavenly mystery.


AT the Neqtler Bureau no one has yet been
able 20 discover the trace OF atmospherical
influence on account OF the cOnaet.
Year: 1874

To THE EDITOR OF THE HERALD:-


The saying, "'Tis but step from the sublime to
the Ridiculous" Is fully shown by the manner In
which certain writers are discussing with levity
and ridicue the visitation OF the stranger comet
to our solar system. | would not awaken In any
mind the emotion Of dread or childish fear; but
there are certain circumstances connected
with the appearance OF this comet winch are
well calculated to inspire, IF not awe, az
least soDerness Of tbongbt and reDecloD,
Year: 1874

Early in the winter two men named
Wilcox andanother started out in an open
boat to cross Lake Superior from Eagle
River to Isle Royale to get employment.
In the afternoon of the day on which
they started a terrific storm broke upon
them, and after three hours OF immi-
nent peril and suffering, their boat was
dashed upon rock, and the inmates
thrown helpless in the sea. The two
brothers managed TO reach the land,
but their companion was drowned. The
place where they landed was many
miles from human habitations, and
death more horrible than that which
overlook their companion threatened
them. To add to their misery, one of
them was. taken sick, and remained
helpless for twenty-six days. All the
means Of sustenance they had WAS few
rabbits which they managed to catch,
and such fragments of provisions as
they could gather about old abandoned
camps After intense suffering for for
ty-seven days they found an inhabited
dwelling, where they were properly
cared for.
Year: 1874

The bark Kate Williams, Captain
Hale, Of the regular packet line between
Boston and Fayal, had dangerous ad-
venture with whale on her last trip
home. About nine o'clock one morn
ing a seaman aloft cried out that there
was whale on the port bow, and al
most Immediately afterwards the ship
was struck with tremendous blow
from beneath near her stern. The cap
tain thought for a moment that it was
all over with his bark, but fortunately
she righted and as she sailed away, the
whale could be seen swimming about
and lashing the sea into foam, in evil
dent pain. The quarter deck was COW
cred with pieces of the outer skin of
the monster, and the ship lost a por-
ton of her mizzen channels, but the
captain was glad to get off on those
terms
Year: 1874

Ruth and Claude like the heorine and
the hero in the play, were brought out
again and again.


Vladimir had recovered from his
drunken spree and behaved most affec-
tionately towards the child and then
and there made a resolution to quit
drinking.


Ruth and Claude are together mere
than ever, and their two lives as they
grow up, are even more romantic than
the episode we have related.
Year: 1874

The Milford Ns,us rejoices in deiving
the regard Of the decent people OF the
State and continues to make itself con-
spicnous as the common defamer OF the
purest men OF the country, who will not
be tlragooned into the opinion that the
negro race is the equal of the white
race. It's editors would degrade all So
ciety in order that their party's fanati-
cal ideas of political and social equality
should lie carried out. Not that they
actually believe that any good would re-
suit therefrom; but solely because it
would tend TO keep them and their ne
gro allies in Office. In a late issue OF
this depraved and detestable sheet ap-
pears the following malicious and SLAM
derous article:


Thomas i. BAYARD FoE TIE PREsr-
DENCY!-This is the programme of some
of the nimple Democrats of Delaware
Whata candidate he would make before
an intelligent American constituency
Descended from blue light Federal stock
who hated jefferson as they did Satan
or more, with no sympathy with the
great ideals of the people. believing
manhood suffrage to be not II right, but
a privilege, doubling the wisdom of pub
lie education. looking backward always,
and longing for the good old times, not
alone when every man could fog his
niger" but when every gentleman was
lord with his host OF vassalS and re.
tainers-not only total disbeliever in
the Declaration of Independence, but IN
actual scoifer and hater of all such hbe
raj theories-such man for Centennia
President Of the United States! Whew
Before the American people for the po
sition of President, he would not Obtain
one-half the support that was given K
Horatio Seymour in 1853 or George B
McClelland in 1864. - r'f


We do not believe that any considera
BILE portion OF the people Of this countr.
are tired Of the experiment Of "a govern
ment OF the people, by the people AM
for the people" There are some. w
know, who would prefer change to on
OF more aristocratic form, in which tn
upper classes should have all the powe
concentrated in their hands. 'Thes
would probably support Mr.. Bayard
but the great body of the intelligen
working people OF this nation woul
bury him under the weight of thei
ballots. ."-Milford Ne,Cs.


None hut those having an utter disr'
gard for the truth could have penne
such an article after their overwhelmir
defeat OF the Sd Of November, in whit
tle reelection of Senator BAYARD vi
early question before our people; al
III which We also triumphed over tt
weight of five thousand negroes add
to the white Radical vote, in addition
all the money the Radicals could beg
borrow.


Should the Democracy OF the count
nominate Mr.. BAYARD for the Preside
cy there would scarcely be thousa
white votes cast against him in De
ware; and the Radical organizatie
would fall entirely into the hands of
negroes or be utterly abandoned. This
. what's the matter with the men of


Ne'os. Their bread and butter" is


take.
Year: 1874

CLOSE OF VoLUME.-This being the last number of volume one of the Daily MINER, 1t may be in order for us to state that, while the Daily has merited the praise of many people it has not been, for us, Peeuniary success. but, on the contrary, it has steadily drawn on the small profits of the Weekly, of job-work, etc, until now, at the close of its first six months, it has left the MINER purse in very dilapidated condition. But, trust ing to better luck in the future, we shall keep right along, issuing both Daily and Weekly, for another six months; after which time we shall see what we shall see

 Meantime, we ask friends everywhere to exert themselves little in behalf of an en- terprise which has almost become q Territo- rial necessity

 We should not have started daily so soon, but for certain promises-since broken to procure for this section of the Territory better mail facilities. At present, all that we have is semi-weekly service upon two routes, and this kind of service, it appears, Is not adequate to the wants of our people nor to daily paper With tri-weekly ser vice to Tucson and other towns south of us and to other places outside of the Territory. the Daily MINER would very soon secure few hundred subscribers, which number, with advertising, would very soon place it on a paying basis and enable us to enlarge it

 With these objects in view, we shall keep right along, and endeavOr to secure more backing from our fellow-citizens of Ari- zOna, to a great many of whom We acknOwl- edge ourselves indebted for words of encOur- agement and something more.
Year: 1874

MARIcoPA COUNTY, A. T., May ?, 1871.

 T'o the Efitor ef the 4risona Miner

 The origin of the term sub rosa. or "under the rose, Is said to be the following: Gu pid gave rose to Hippocrates, the god of Silence, and from this legend arose the prac- tice of suspending a rose from the ceiling over the table while eating, when it was in tended that the conversation must be kept secret. I think Cupid must have presented each member of the late Democratic Con vention, as well as their candidate, with a rose While we admire wise head and a still tongue, still we think if a man has any thing to say, let him speak it out We have been watching and waiting, expecting every day, when the political waters would be stirred up by the announcement that the Hon John \. Rush was rushing for Congress, but like all bright hopes this too appears to be doomed to disappointment. But it ap- pears that throughout our country, and Ari- zOna in particular, the political elements are agitated to greater extent and with a deeper disturbance than ever before. Old institutions, political and religions, are giving way to the progressive spirit of the age and the cOrmorants that feed on the decaying in stitutions make terrible croaking and fiut- tering. Those who feed out of the public crib, from the politician down to the most illiterate Methodist exhorter, are aroused and enraged against the spirit of the times and the general intelligence which is fast expos ing the frauds, fables and mysteries of their systems, with which they have so long con trolled the people, and plundered the rich and poor with the authority of God and GU pidity of man combined. They see their idols being broken and their power depart ing, and vainly endeavor to alarm and arouse the straight out seventy-slxers on the one side and the happy hunting grounders on the other side, by appealing to and lauding up the noble town team, two-bit whisky, and d-g nigger. But the people have become too much enlightened and too much accus- toned to doing their own thinking, to be- lieve that the happy hunting grounders or Phoenix conventiOners are infallible, and they propose to let them know it when the proper time comes. OTRo LADO.
Year: 1874

Want of space prevented us, few days ago, from doing more than barely announc- ing the death of this Indian, on the third or 4th of this month, at his residence, near La Paz, on tie Colorado river. Those who knew him well say that, at the time of his death, he was between 5 and GO years of age.

 From being captain of a band of Moha- yes he rose to be the principal chief of the tribe, and, as such, visited Washington and other Eastern cities, in all of which he en- joyed himself hugely, since great favors were shown him, and psesents flowed in upon him thick and fast. Returning to his people rigged out in the habilaments of a Major General of the Army, he looked, every inch, a general of some sort, and was admired by his people until, in an evil hour he attempt ed to tell them of the wondrous white peo- pie; their great numbers the big rancherias (towns), and other things they had in Cali fornia and the East, all of which they, at first, took with great deal of allowance and, soon after, rejected entirely, as too fab ulOus for heliefl From that day on, Irataba lost standing hl his tribe and was looked upon as the biggest liar on the Colorado. Some Indians went so far as to accuse him of having lost his reason. But, he followed the new bent of his imagination, provided him. self with an adobe house and lived in lrhue style until the day of his death, when his remains, his household effects, &c., were burned to ashes, his horses slaughtered and his tribe throFn into period ol deep grief, during which time they abstained from food of any kind and would not as much as touch salt They even went so far as to burn their old village.

 Irataba was generally supposed to be a good Indian. His goodness broke out on him ten or twelve years ago, after his tribe had experienced some reYerses of a bleeding na- ture, while endeavoring to kill several Amer jeans and take fort in the same way that Cachise used to take a horse. Since then, until his death, Irataba's voice was always for peace, and, now that he has gone where all good Indians go, we ask the next chief, who we suppose will be MT Sicehoot, to be a good man; to live so that when the Great Spirit shall have served its attachment upon him, the MINER will have cause to give him good honest obituary. Sic!
Year: 1874

Caffry, had slight unpleasantness with his mules and a rattle-snake while en route from Phoenix to this place. A rattle, near the road scared the team, which ran away, talk ing Mac into country with which he was not convcrsant; a rocky country at that, out of which he finally found his way to New River
Year: 1874

Our dispatches contain news of the passage by the House, of bill for the reduction of the Army. The vote stood 119 and IO4 leaving majority of I5 in favor of reduction Thinking people everywhere, who have at heart the opening and developing of our vast frontier country; the subjugation of vile, reckless and worthless Indians, look to the Senate to defeat this iniquitaus bill, which. if once law, might cause the abandonment of vast sections of country in which Ameri- can citizens are, with the aid of the military, accomplishing great good for themselves and the entire country.
Year: 1874

ANDY JOHNSON ON OLD AGE -Au dy'John
sou, in recent speech said: My lite since
1885 has been before the public, and is now
portion of the history of our country. have
written thirteen veto messages, four annual
messages to Congress, aud three to the State
Legislature; aud now if man asks me what
my platform is, | would say that my plat r
form is the constitution of my country; and if
he wants another OF broader platform he must
make 1t as am out of material. They say
that am ambitious that [ am old and ought
to be quiet. Iu Greece they respect age, with
is silvery hair aud flowing beard, but in our
own country the little fellow who has just got
rut Of swaddling clothes sneers at Old age; and
am accused of violating the constitution BY
men who never read it, You koow how the
old song goes


Whip him, skin him,


To the buzzards let him go,


Poor old horse, let him die.