Newspaper Page Text
KMMllflt XHr Every Pmre.
30mm M. OBXftLY, Editor.
inr.w task BcnoriiAr.v.
In another column wo publish tlic plat
form ot tho New York Democracy, a dopt
edln Syracuse on tlic 17th Inst.
'The Problem of i.uV'K Kio lecture
Theodora Tllton drlber- wJillo on hi
round through Nov York.
lty late iMVpatche- It will bo seen that
the Ixmiimil cltyof Gnlvcston is In peril
Irom tho waters of the fSull of Mexico.
Over thirty lives have already been lost
from the breakwater, a government work
extending along the ship channel toward
the lighthouse. The steady pale has
lllled the bay with an Immense Held of
water. It extending threo utiles over
the prairies on the mainland, from Vir
ginia Point, making altogether an ex
panse of at leat live lulled Mwecit the
people of tho city and safety. Tho dan
ger now apprehended Is a north wind,
which will drive the water In a torrent
back luto the Oulf, and perhaps carry
Galveston and her Inhabitant? with It.
Galveston hn prosperous and flourhhliiff
city, containing over r.,ono Inhnbi-
Till: AME!C f I OX OM All li:.
Long, the Louisville charity eoininmh
.Montr who assaulted the youtlilul repor
ter ot the Cpuricr-Jottninl, has made the
editor of that paper believe that the dlf
riculty was owing to a mutual miscon
ception and not temper. We were of the
belief that Long nourished a chair over
the head ot the young reporter, and raged
like an angry lion. The Courier-Journal
speaking of the affair closes Its article as
follows: "It is regretted by both Mr.
Long and the reporter in question. Wc
should say in this connection that Mr.
Long is quick-tempered, Is equally ready
in geneio-lty, having ncted m this man
ner quite handsomely. The language
applied to him at the time, therefore, Is
withdrawn, having, as the result proved,
no application to him. A bravo man who
confesses an error is doubly honored, and
in this character Mr. Long has .shown
himself in this present business."
Wait was undoubtedly very conrageoui".
mid in his last momenta showed that
there was. good In him. Henry I'luni
mer begged haul for his life. asked to Ikj
chained down, offered to leave the coun
try forever, and declared ho was too
wicked to die. Plummer was the leading
spirit of the deier.idoe8 in and about
Helena. Elected to the a puiillon of
theriu" bu surrounded hluiielf with men
of the most dangerous character, who
preyed upon pcaeublo citizens of the
county. H hen death stare:! him in the
face he showed the white feather. John
Wagner said, "Cut oil' my arms
and legs and let mo go ; yon know 1
could do nothing then." Ills request
was not granted, .lack (nllaglicrN last
words were: "I hope that forked light
ning will strike every strangling son of a
1 h of you." Hen Helm, looking at the
muscular contortions of Gallagher, said,
"Kick away, old fellow ; Ml be in hell
with you In si minute. Every man for
his principles. Hurrah for .Tell Davis!
Let her rip!" George Shears when ar
rested said, "I knew 1 should havo to go
up -onto lime, out thought i count run
anoinerw.tson. ' vt hen told to mount
the ladder, he made uo of the following
language : "Gentlemen, I am not used
to this bit'lnc", never having been hung
before. Shall I Jump off or lld offV'
IJelng directed what to do, he raid,
"All right ; good by," and leaped Into
ANOTHER MU INVIM.I: IICFAI.C'A.
Louisville is again disturbed by a de
falcation amounting, this time, to.G0 ,000
vmrueu u. jiarMiau, casnter ot tlic gas
company, is the party implicated. He Is
a man thirty-live years of age, has u fam
ily consisting of a wife and several chtl
dren, and Is well-known in Louisville so-
city. Mr. Marshall has, sor several year
oeeu cashier or tlie gas company, receiv
uiif a salary of $2,600 per year. Tho de
talcatlon was not made by abstraction
irom inu capital ot thiv company, but
through n system of small appropriations
wnicn ne carrieti on lor year?.. These
amounts he would charge to the "cost
of gas," under which heading there is
list or incidental expenses, such nn coal,
labor, etc. An cxjiert, with an unpro
nounceable name, examined the books
of the company with the above result.
Marshall, when confronted with tho ex
pert's revelation', acknowledged tho
crime, and attributed It to last living.
He made restitution so far as laid in his
power, which did not cover one sixth
of the loss.
thi: HurrMAa-PKENriN tkiai..
Up in Qulncy they are still hard at it,
pumping evidence out of witnesses in a
cae bearing a very Immoral aspect. The
Ilev. Hoffman attempted to squelch the
ex-general, when lo ! it Is produced in de
fense that thti sleuk divine ventured on
the dangerous path that caused the down
fall of Plymouth's shining star. During
one of his saintly visit to a lady mem
ber of his church, he concluded to quote
poetry lor the cdllleatlon or
the "dear sister." A line,
full of grand love and poetic lire, read
"He drew me to him one Immortal
moment." There he paused. It was
hlgnltlwut of a passion sublime and beau
tiful. But Hoffman's mind was not with
God, the depth of meanlm uncomttassed
in the eight glowing words, nor In the
interest or his religious calling.
Animal nature prevailed over the
spiritual, and the itev. Hoffman com
menced to tamper with the Ten Com.
mandiueuts, and prepared to hang from
me "ragged cugc oi mspiur." After
reading the above lines to the "dear
sister" ho mildly proposed to draw her to
liiiu ono Immortal moment without the
"t." The omission or that insignificant
letter, besides using tho words "The
blamed children are always in the way,"
nave put mm in the clutches of the re
lentless Prentiss, hnough evidence has
already been taken, and publUhed in I lie
Qulncy If'Aigr, in this cae, to 11 1 1 an uu
abridged dictionary. Vet It goes on, and
will continue' to go on until the people
ortjiiincy anil surrounding countrv be
come thoroughly sick of It.
i.ifpi wcorr'N .MAOAZI.VK.
l.Ipplncott's Magarlnt for October pre
sents a striking variety of the mot at
tractive features of magazine literature.
The number opens with tut interesting Il
lustrated article, by E. l. Bruce, entitled
"Wnud.rlngs with Virgil," in which the
historic tind classic association- ot the
shores of tho Mediterranean are inadu the
theme of a light and agreeable discus
sion. This In followed by another Illus
trated sketch, "The Ockluw.iha lit May,"
by Sidney Lanier, the poet, whose deli
cate fancy mid tlno descriptive powers
have found a suitable theme lu tho seen-
ry of one ot the most beautiful rivers of
Florida. Francis Wharton, l.L. D., Lec
turer on Law In the Boston I'lilver-Ity,
contribute a very able and suggestive
palter on the relations of "Spiritualism
and Jurisprudence.'' "Tlie Cornet-a-
Piston," from the French, and "A Con
spiracy," by Christian Held, the popular
Southern writer, are two graphically-
written stories. "In the Pineland," by
ltobert Wilson. Is a very Interesting ac
count ot life and scenes in the plnu dis
trict ol North Carolina. A like entertain
ing patier, but covering a directly oppo
site field, is "A Day In Chinatown," by
J. W. Ame, in which he gives an amus
ing relation ot a day's sights and doings
in the Chinese quarter of San ! rancisco.
"The Truth about Madame Ilattazl" is
a statement that will correct many popu
lar misconceptions in regard to this ecle
hratcd woman, the grand-daughter of
Luclen Bonaparte, the widow of Italy's
distinguished statesman, and the friend
of Beranger ami Sue. Mrs. Lucy II.
Hooper, In The Largest lietall Store In
the World," describes tho "Bon
Marchc," the great shopping-place of
Paris, and a model of organization in nil
that relates to the comfort of its tlltcen
hundred employes, as well as Its facilities
lor supplying the wants of its army of
customer, 'i lie second part of "Thu
Atonement of Leani Dunda," by Mrs. i
E. Lynn Linton, appears, and gives
further developments of u powerful
story. Another chapter of "The Com
rades," by Sarah W. Kellogg, carries the
reader a step further in this pathetic tale.
which contains some line delineations of
Western character. Poetry is strongly
represented by contributions from Mar
garet .1. Preston, Emma Lazarus, E.
Kearsley, and F. A. Hillard, familiar
names to all lovers of song. Tho num
ber concludes with an attractiro budget
of "Monthly Gos-lp," and some able re
views under "Literature of the Dav."
consort Iron-cind, went, down In a low
minutes niter tho accident. Four hun
dred and tiny olllcer and men were on
board of her, and through discipline ex
ercised In tho time of danger, all were
It has been nsrerted that the Xlzani
of Hydrabad refused to accept tho Vlct-
royn Invitation to meet the Prince ot
Wales on his approaching visit to India.
This lias canted much comment in the
English and Indian press. Tho Times,
of India, however, announces definitely
that fhe Nizam lias accepted tbo invita
Charles Francis Adam has come to
the conclusion that, as ho is last ap
proaching the three score mid ten pre
scribed as a limit tor Usefulness, the pri
vacy of (Julncy Is preferable to thu al
lurements ot public lite. We knew a
Southern statesman once who was id.
wavs retiring to the shades ot private
life, but could be prevailed upon to enter
tho political arena in the Interest ot in-,
native State without any uniHual provo
cation. Daniel McGone, elected temporary
rharm.ui or the Democratic Slate Con
vention ot New Vorl;, held in Syraousi
on the K.th Inst., when taking the chair.
r-ald In his address: "The living que
tloin ttmr. me now below the people ot
thorevernl State for examination and
decision, are to bo settled in 187C. Para
mount Mho linancial quothm. The
evils of a depreciated currency, under
which the country now stiller-, natur
ally flowed out of the departure from tho
sound Interpretation of the Constitution
prohibiting thu States, and by Implies
tlon, the General Government, lroin
making anything but gold and silvern
REMOVAL OF CAUSE TO
New Act of Congress
In the Circuit Court of Alexander County
Illlsoti September Term, iB7o.
Mo m. N.
lor, et itl.
MYI.1M NPECCHKM OI' 111 Ft: HA
In Montana, south of Helena, stands
on aged pine tree, with spreading bran
cues and moss-covered trunk. Its foil
ago is gone, and the trco Itself Is fast
yielding to decay. Wheu tho vigilantes
took the law into their own hands for
protection against outlaws and murder
fcrs, this venerable trco was the scene of
many executions. Desperadoes tierce
ana itwrtlcsn men, were swung from its
branches projecting by thu downs
when Judg Lynch put on his Iron gloves
in the inowy region oi Helena. Thodylng
speeches of bomeof the, lawless fellows
are peculiarly characttristle of men of
that class. Erastus Yager, eenerallv
known a, "Bed," said to hU 'f
"You have treated me like a gentleman'
and I know I am going to dm; I um gl)'.
lug to be hanged , It's pretty roujjh, but
! merited this years ago." And with the
rope urounu nis nccx uu last words
were. "Good-by, boys ; God bless von
You arc on a good undertaking." This
It Is reported that the Bank- ot Cali
fornia will resume on thu 27th Inst.
Fire at Paderborn, Prussia, last Sun
day, burned one hundred buildings and
made three hundred families homeless.
The Vice Delia Veulta states that the
Spanish Ambassador to the Vatican has
resigned, In consequence of ministerial
chaii"cs lu Madrid.
Henry Wilson s very much alarmed
at the prospects of the ilenubllcans
ruiMic opinion is strong agalut Giant
ism and a third term.
"Order of tho t'nlted Irishmen ltcdl
vlvl" Is the name of the new Irish organ
ization for the liberation of In land. It Is
reported to Have a smell of gunpowder
1 ho Cincinnati Vvmmrcial hauls the
managers of tho Cincinnati Exposition
over me eoais lor injudicious advertising,
claiming that it should hate leen more
Counterfeiters have been arrested in
(Julncy, named Willis, farter ami Payne
i hey were engaged lu manufacturing
fifty centR pieces. Carter hud his slioii
near the business center of the city, and
"i.aui" believes that Grant Is keep-
"4f "uauy in ine interest of Washburne
for the presidency. Itussell Jones, of the
Uelglum mission, Is said to be dealing the
cams aim will turn up trumps In favor of
me great poker player.
iMLUM uroiuers nave decided to
btart a bank In San Francisco. Iniliien
uai r.ngiiMi anu t reneli capitalists will
ue interested lit It. They propose to
mane ii sinctiy a commercial bank with
resources !econd to none on the coast
was at work when arresit-ii. uu ,in.v
und materials and a small quantity of thu
unfinished coin wcie captured with him.
Tho other men were taken senaratelv.
und were arrested In consequence of hav
ing been seen frequently in Carter's company.
In tho town of Milton, Fla.. 0 miles
above Peiisacola, the entire population
of which Is llfty-four, there nro thirty
three eases of yellow fever-eleven fatal.
At West Pascagoula, 100 miles from New
Orleans, there were beventy cuoes ami
Ulteen deaths during the past week.
n unttsit iron-clad Vunguard,
sunk lu u (.olIMou with the Iron Duke, a
The opinion of the Court was dellv
D. .1. IIakuii, Circuit .fudge.
This is an action of assumpsit com
menced In tlic Alexander county circuit
court by Mary N. Mayo against S. Staats
Taylor and Edwin Parsons, tiustees of
the Cairo City Property. Tho deelara
lion is based upon certain written con
tracts alleged to have; been executed,
jointly, by the defendant?. The damages
claimed in tlic declaration .in $20,000.
A summons was issued returnable to
this, thu .September, teini of court,
which was duly served upon S. Staats
Taylor, one of the defendants and re
turned "not found" as to the defendant-Parsons.
A motion Wii made early in the term I
by the defendant Taylor, for a contlnu- j
auco "lor want of service on the co-de
fendant Parsons." This motion was
overruled by the court, and, on motion of
the plaintiff, a rule was entered upon thu
defendant Taylor to plead to thu declaration.
Thereupon, the defendant Taylor tiled
In the suit :i petition for thu removal of
thu suit Into thu .circuit court of the
United States for the Southern District
of Illinois, and Hied therewith a bond,
with good and sullleleut surety, condi
tioned as required by law. It Is now
claimed by the attorneys lor Taylor that
the sulthuo longer pending in tills court;
that, from the moment the clerk placed
his file marks upon the petition and bond.
co inxlanii, tills court was ousted of its
jurisdiction, that it can make no further
order In the case, and has no right under
the law to examine tlie petition and bond
tiled in the suit and pass upon the ques
tion as to whether they nro in compli
ance with thu act of congress. This ques
tion, it is claimed, can bu passed upon
only by the Federal court. It Is also
claimed by tho attorneys for defendant
Taylor that, oven admitting the right of
this court to judge as to tho suthclciicy
of the petition and bond, the petition
and bond tiled In this suit are such as
ilv tlie defendant Taylor Jthe right to
have tho desired transfer.
The question now before the court is
as to tho present ulatui of this suit as to
tho defendant Taylor.
The determination of this question nec
essarily requires a consideration of tho
provisions of the act of congress of
March Ilrd, 187"), and u discussion as to
what is thu correct practice in the re
moval ol suits, thereunder, from tho
state court to the circuit court of tho
The judicial power ot the United Slates
h conferred and limited by Arliile 111 of
the Federal constitution, it extends, so
far as it has application or claim
of application tothis case, "to controver
sies between citizens of ditl'erent States."
Tho act of March ltd, 1875, Is not only
a consolidation of all the several previ
ous acts of congress upon tho subject o'
the removal of cases from the State to
the Federal courts, but Is an extension ol
the jurisdiction of the circuit courts of
the United States. This act is of so re
cent u date that It has not, as yet, re
ceived a fixed and settled judicial con
struction. So far as 1 am advised, this
case of Osgood vs. the C, D. & V. It. It.
Co., ct ul in which two opinions
were delivered by tho learned and distin
guished dudgo Driimmond, is thu
only case In which this act lias been Judi
in that case thu plaintiff tiled a bill in
the. Will county circuit court iigaiust
the railroad company, and certain
other defendants to foreclose a mortgage.
Thu court ordered an Injunction and up
pointed receivers at the time thu hill was
filed. Alter various other proceedings in
the casu thu court udourned for the term.
On the 3-.M day ot March, 1K75, lu vaca
tion, petitions were filed lu tho
eult, with the clerk of tho court, by thu
railroad company and several other de
fendant) asking for thu removal of the
cao from thu Statu court to the circuit
coin t of the United States for thu North
ern District of Illinois, under tho net of
congress of the. 'Id of March. 1875. Bonds
were Med, conditioned as required
by the act of congress. A transcript of
tho record of thu suit In tho State court,
duly certified by the clerk of tho Stato
court, was llled lu thu circuit court of thu
United States, on the 2flh of March. A
motion was then made lu thu Federal
court to dismiss and remand tlie suit on
the ground Unit thu Federal court had no
lu his first opinion delivered In this
case, .luilgo imiininond says, "tlie lan
guage of that section (.-cetloii i! of thu
ictot lS7r) Is peculiarly slgnlilcant a
alleetlug the motion now before tho
court. The copy of the record hns been
llled in this court, and the law'ecms to
Indicate under what circumstances only,
in such an event, the ease would be re
manded back to tho Stale court. It U
when It shall appear to the (satisfaction of
the Federal court that thu suit, docs not
really and substantially Involve it dispute
or controversy properly within the ju
risdiction of tliu court, or that tlic par
ties have been Improperly or colluslvely
made, or joined, lor th" purpose of cre
ating n case cognisable under the net.
It Is true tlint the net prescribes the man.
nerin which the removal shall be made,
and flu! directions ot the law .ihould be
compiled with. But the llfth section
does uo authorize the court to remand
ordiinIsthoc.iUH'. for the reason that
It may appear that there was any Irregu
larity In the means taken to procure the
removal. The purpo.-e obviously was, if
tlie record was tiled lu tlie Federal court
under the law. and the court could sei
that It had jurisdiction of the case. It
should retain it, notwithstanding there
might be delects in the inai.ncr ot re
Afterwards, upon a rc-arguinent before
Druinuioud and.Blodgett, J. .!. a second
opinion was delivered by .fudge Drum
mono, in which ne says : "The tilth sec
tion contains provisions which are new
It I- true that in practice under previous
laws, when a case came Into thu Fed
eral court by removal lroin the State
court, motions could be made to dismiss
and remand the cause, but their dicMon
depended upon general principles. Now
the fifth section controls the action ol
thu Fedir.il court both as to thudimUsnl
and remanding of cases. It did not in
lend the "tut should oc dismissed or re.
manded on account of Irregularities, pro
vlded It satisfactorily appeared that the
court hail jurisdiction of thu cause. Here
the only thing to which objection Is now
made is as to the character ot tlie suit
and the mint vf opportunity of tho Stale
court, a- a court, to act or refuse to act.
There Is no complaint made against tin
Millleiency of the bond. It may be ad
mitted there are dllllculties In any view
we may lake of this pari of the rao'
make nn Application fern removal? Is
not tho State court to be allowed to -ay
Hint tin 1" not i,tltlrd to the removal?
Suppose a petition is llled which h clear
ly no petition whatever under this act r
Is not the Stato court allowed to ascertain
that fact? Stippot.o that hi each onu of
tho cevcral hundred civil casca now pend
ing in thlt court , one party or tho other
should placo upon the tiles a petition
not sworn to for thu act does not re
quire thu petition to be sworn lo and
should oiler of evidence of thu truth of
the petition, and should tile with Ills oc
her petition a bond for n merely nominal
iiiiu unit with ineio straw surely for such
nominal sum? lu such Statu ol the case
what Is tins State court to do? Must It
adjourn until "court lu cotirsu" and wait
until after the next .fauuary term of the
circuit court ot the United States for tlie
Siuthern DMi iet of Illinois, in order that
the Federal court may come to its a-slst-mice
by remanding the several causes
and puulhlug the relraetory litigants by
compelling them to pay costsV
It tho doctrine contended tor Is correct,
what Is there to prevent such u result?
II a reasonable construction can bu given
to the act o cougresi and such construct
ion docs not lead to neh ubsurdllli.
ought not such "iea!onablecnnstniction"
be the accepted construction?
The circuit, court? of thN State have
allium unlimited common law and chan
cery Jurisdiction. Are the right. and
Interests of the litigants in theau courts
wholly worthless? A cltl.eit of this
State sues another citizen ol this Slate.
hi the Slate court, on it simple contract
for a money demand. What power has
congress to interfere with hi suit? What
authority has the Circuit t otirt. of the
United States to interfere with Ids suit?
Where Is the constitutional provMon giv
ing tlic power to congress? Where Is the
act of congress giving jurisdiction to the
Federal court ? In such cases, Is not the
State court allowed to protect Its own
litigant!.? Is It not allowed to protect it
own lawful jurisdiction and cxercko the
powers given to It and perform tliedutics
required of it by the law of the land?
I would take the correct, pr.ietleu to bo 1
this, tj..t the State court should ap
prove of the bond and allow the removal
of the cau'e. Any other practice would
degenerate Into a farce, and hazard the
rights and intere-ts of the cltl.eu in the
hands of the unscrupulous and rcekles-,
withou' tiny edcqii'itc remedy.
If the patty applyh g for the transfer
of tlie cause Is entitled to It under the
law, the State com t will be bound to give
It to hint. If the State court decide? er
roneously, the evidence may bu preserved
by a bill ol exceptions and the party ag
grieved may have the question paed
upon by the Supreme Court of the Stato
and dually by the Supreme Court of tlie
United States, or he may proceed mo c
expeditiously under the seventh section
tho cr:o lit v.lilrh th cause can bo re.
rnotcd by our )i mora of the plalnllirs
or defendant--- le ibau the whola
Is there hi lhl writ a controversy
wholly between citizen of dlll'erent
The tenth tectiou of chapter 110 ol
thu Itevl-ed Statue of llllnolsprovldes,
that if i summons or capias is served on
one or more, but not on all of thu delend.
nuts, thu plaintiff may proceed to trial
and Judgment against the defendant or
deleiidauls on whom the process Is
Thu same section fill liter provides that
"at any time altetwards" the plaiutill
may have a new suit by "summons lu the
nature utaeifejtielm" sgaiut thu defend
ant not served.
And thu twelfth section of the same
chapter also gives to the plulntlll a ep.
urate and original action against thu de
fendant not served lu the first suit.
Thus we see that the common law
rule Is changed, and that under thu stat
ute of Illinois thu plnlt'tlll" "iay, tit his or
her election, only onu of thu defendants
being belorc the court, proceed under the
statute ngalut that one alone.
In this ease the phdntitl', by resisting
thu motion for a continuance "loi want
of service on thu co-defendunt P.treon
and by taking u rule on the defendant
Taylor to plead to the declaration, and by
her election announced In open court,
has, as N averred In the letitton
elected to proceed to trial and final Judg.
inent ugalust Taylor alone.
Thus, by virtue of the statute, ami at
the election of the pl.ilntlll'. there Is now
In this suit, in substance, ellect and fact
it controversy whieh Is wholly between
citlens of dlllcrent States between the I
plaiutill, u cltl.eu of New Vork.aud Tay
lor, a cltl.cn ot MN-unri a con
troversy which may, under tho statute,
proceed to trial and lltial judgment
and bu fully determined us between them
without any service upon or appenrnueu
by the defendant Parsons.
The petition mid bond llled hi this -ult
will bu accepted, the bond will be up
proved and the proper order.- made for
the removal of the suit to the circuit
com tot tlie United State for the ."southern
District of llliuoi-'.
TERRIFIC STOKMONTHE BAY OF OAL
immense Itaouie llonc lo Sliiitliiir
ami oilit-t- I M'rl.v.
No Ti-logiajihlc Communication with Onl
veiton for iwo lMys i'ait.
Ni:w Om.Ki.Ns. Sept. 17. There has
been no ti legniplne communication
with Galveston lor two days. Thu terrl-
of the act ot lS7o, hv suing out a writ ot j bio torui prevailed, drivlnir the tide
rcrt'oran from Circuit Court of thu Uul-1 neaily up Hi Hi" Island and submerging
ted States to the State court, eommnudln? ! I1'!!-,' , ...., . ,
l.'-iliiit in - u.'iviii uu, v ins
Here, then, hi this ca-e, there were
"defect, in the manlier of removal," and
Irregularities," but as thu records and
petitions llled showed a ease where "it
was entirely competent for the defend
ants to remove It to the Federal courts,"
and as tlie bonds llled were conditioned as
required by thu act ot congress, and as
the record from the Statu court was 'cer
tified bj the clerk under thu seal of thu
court" and was on Me lu the Federal
court; therefore, notwithstanding the
'irregularities." and "defects in the man
ner of removal," and notwithstanding
that the State court had not acted or had
opportunity to act upoii the application
for removal, thu Federal court, being
governed by the provisions ot the tilth
section of the net of 1875, overruled the
motion to dismiss the suit. In other
words, the United Suites Circuit Court,
whilo admitting the "defects" and "ir
regularities," refused to dismiss on that
aceount, holding that under the tilth sec
tion It was only coinjietcnt to dismiss for
the causes specified hi said section.
Tho Federal court having thus decided,
and having decided that thy petition mid
bond were such as were required by the
act of congress, la-tct disposed of thu
whole matter before it.
Is it the correct practice for the Statu
court, in applications for the removal of
suits under the act of 1S7., to act upon
tlie petitions and bonds? It 5trlkes me
forcibly that It is.
Such a practice is consonant with the.
practice prior to thuaetol March 3d, 1875.
This act of congress should bu construed
In tho light ot funnel- le'lslatlvu nud
The act itself provides lu thu third sec
tion that any person "entitled to remove
any suit. ' who shall
dcslru to remove such suit
may mako ami tllu a petition in such
suit in such Stato court ,f '"
for thu removal of such suit r l
' ami shall maku and tile therewith a
bond, with good and sulllel nt surety.
7 , Ihni Lr. U,r. ilulu nf
the State fourt to accept tid petition and
bond, and proccd no further In tuch suit."
Why docs thu net require
that the petition mid bond
should be Med In the State court ? Why
docs It not require them to be tiled lu tho
Federal court and provide for it writ of
certiorari to bo Issued, forthwith, to the
Docs not tho uiaudnto that the State
court shall "accept said petition a ,d
bond" imply that tho Statu court should
taku souie action maku somti order?
How otherwise, can thu court "accept the
petition and bond V" When is It that thu
court shall "proceed no further In such
suit ?" If wo follow the natural order of
thu oeveral mandates wo would say,
"when It has accepted thu petition and
Again, this act of congress uppllcs only
to those who are "entitled to remove a
suit," and even they are required to tile
such a petition us brings them within the
purview of the act and to "tllo a bond
with good und suQlclcut surety." Sup-
posu that some philntifiordulcndant who
is not "entitled to removu a Milt" should
thu Statu court to make return of the rec
ord, and may enforce
said writ acoordlng to law. If thu ap
plicant Is entitled to the. removal anil
makes the proper application, any subse
quent proceedings by the State court
would be roiiM jvdit'e.
Ample power Is given to the Federal
court In this act to protect the legal
rights of all who are entitled to call for
Its assistance. And that too without de
laying and endangering thu rights of lit
igants whosu suits arc properly cogni
zable In thu Statu court. I
Even If wo mini t that thu Federal !
court should not, under section five of
thu late act, remand a cau-u lor nieie "ir-!
regularities" or "defects, in thu maimer!
of removal," It docs not follow that this
"Irregular" and "defective" practice is
the correct practice.
If petitions ami bonds for the rentota
of cautcs are tiled In term time lu tilts
court, thu court will insist upon ascer
taining that thu applicants aru "entitled
to thu removal" before It ceases to exer
cise jurisdiction. If the petition and bond
are tiled hi vacation and a copy ol thu rec
ord llled lu the Federal Court, it would,
upon motion, if lully satisfied that thu
parly Ming tliu petition was not 'enti
tled to thu removal" order the case to
bu placed upon tho docket and proceed
to trial therein as in other causcs. For If
It was a suit hi which the applicant was
not 'entitled to a removal" ol the can.!,
then the act of l$7o would have no appli
cation to tlie case, and thu jurisdiction of
have remained all thu while lu tills court.
The second point ol inquiry is this
is this suit, as It now stands-, "a contro
versy between citizens ol dltfyrcnt
States?" is it cognizable lu the circuit
court of thd United Mates?
As wc have already stated, the plaiutill
sued b. Stunts Taylor anil Edwin Par
son, Trustees, An., Jointly, ouajolutcou
tract. It appears that the plaiutill is a citicu
of the State ol Nev Vork, that thu de-
patch i rout llra-hcar'iiy stalini: that lu
lornudi'Mi there was-1 lutt the water at uu
Maud this ld' f i.alvestou win higher
than during tie- stonu ot InVJ, and had
covered the l-land. One ot the agents
there bad sent tor a boat to nil;.; hbii oil',
nud neither he nor the boat b.id since
been heard from.
From ob-crvalloiis here It Is almost
certain that tho lorm centre is located at
mis hour, midnight, at (ialve.tou, ami
the direction of the wind, with its veloci
ty, would iudieatu a continuance of the
it v. i;rlng round should actually tal.u
place at (ialvestou, It I- hardly po-sibii;
lo imagine how tliu city e.in bu saved
lroin being 'Wept away by the wind nud
Tho breakwater at Galve-ton, upon
which were working thu tinny uieii who
are reported u certainly lost, is situulcd
iu the extreme ea-t ot tllu llatid. The
men were living upon u low -and spit
which at high tide is subject to bu cut oil
from lie: Island. From mis spit thu men
went out in cores daiiy to tin break
water. fhe siitinosltlou is that they inut have
been driven out to sea and perished.
tiii: n.ti.i: sikixk ililvi-'-sion
Tuesday night or very early Wed
nesday morning, and at lust uc.
eouuii was still blowing with
uniiiiated force. Scarcely any ship
ping was in lliu h.uhor there. .Mor
gan has onu steamer, tbo .Mai.aiichureil
out in the bay. fhe agents, have some
tears thai she may not have attempted to
move her position until it wa, perhaps,
too late, fhe Harriet Lane, an old rev
enue eulter, now a li irkeiitlue, was lu the
bay, und a largu-threc-iuiisicd schooner,
tlie name ol which Is unknown. I'hu
I steamer Geo. W. Uyileot .MniloryV New
Vork I inu wasiii ihu wharf. Wed oil"
from thu land were two largu English
; sicanihips with capacity for o,UX) bales
Galveston Is loaded on a low. sandy
Island, witli thu highest point elevated
only eight feet abotu thu gull at low tide.
'I'hu consequence ot Us llal situation ren
ders the town peculiarly liable to dam
age from storms, thu most of which oc
curred in 1S.17. Thu siurin lroin thu gulf
blowed slcmllly live days without doing
any particular damage, but during the
night at thu cud ol live days ihu storm
suddenly shifted about, becniulngu "nor
ther," and lilting thu water oui ot the
b.iv into thu gulf lloodeil the town,
sweeping away small buildings mill de
stroying several lives, u iook uwuy me
A sperdy return to ?pc:lc payim nt Is dc
immdcd allku by thu highest considera
tion of commercial morality and honest
government." To these iiulht,tlo de
clarations of Democratic principle mid
policy thu time gives proof.
Th present depression of bu ,lness Is
caused by tho reaction from unhealthy
stimulus of an excessive, depreciaied anil
irredeemable currency; by enormous
and lll-adjiisted iniiii1i-fpiil,S.i:deaiid Fede
ral taxation, und by extravagance, witeto
and peculation lu the administration of
Keincdy lor lheu evils Is not to bo
found in a renewal ofany of Its causes.
iiiiaceoiinuiaeiin.it tliu existing vol
ume nt eiirii'iiei' U .'f,.:il,.r Hum ...... ul
nbsoi bed by business. In lacu of thu fact
inai tue leceni tall ol prices h s followed
repeated lullaiious, any attempt to hi
eiense the currency would be worse
than luelli'ctual to revive prosperity, for
It Would lllterrillit thu lieilllmr ui'oeessri
ol Industry. It would bu worse than
Inille to restore confidence, for It would
creatu illstrust and uncertainties In busi
ness; paralyze the beginnings of enter
prle. rob labor of Us too scanty einyloy.
incut, and while stifling progress and
administrative reforms, would inflict last
ing dishonor on tho credit, lutelllgcncu
and character of ihu country.
The Democratic, party of New Vorl;
also reutllrui tliu principles set foith In
the platloriu adopted last year at Syra
cuse, and indorsed by fifty thousand
Democratic majority nt the lection fol
lowing, lu a poll of nearly SOO.000 vote,
and vindicated betoro all the people of
this republic by thu illustrious aihntnh
nation of Governor Samuel .1. Tllden,
from thu New Vork Democratic platform
of Syraeiie. September 10, 1671.
1. Gold and .filter the only leal ten
der. No currency convertible with coin.
'J. Steady steps towurd specie pay
ment no step backward.
::. Honest payment of public debt In
coin sacred. Preeritlloii of the public
J. I'cvemio reform. Federal taxation
for revenue only. No Government part
nership witli protected monopolies.
r,. Home rule to limn and localize
most zealou-ly the few po.vcrs Intrusted
to the public servants, municipal, State
anil Federal. No centralization.
(i. Equal mid exact justice to all men.
No partial taxation.
7. A free press; no gag law;.
S. Freemen: uuilorm excise law: no
!. Olllclal accountability enforced by
better civil and criminal remedies). No
plicate use ot public funds by public olll
cers. 10. Corporations chartered by the
Slate always supervl-able by the" State
111 interest ol the people.
11. The partv lu power responsible for
all leUlailou when In power.
P.". The Presidency a public trust, not
private perqul-ltc. No third term.
11. Economy in public expeu-e, that
labor may be lightly burdened.
The Democrat- of New ork. hi con
volition assembled, pledge IlielU-elves,
their nominee-, and their renre-eutiitlyes
In convention and as-cniliiy, lo follow
where an honest nud f.-arles, chic! mag
istrate has dared to lead lu reforming thu
admlul-tratlou of our great cinaN. n
long despoiled hi their coustntctlon.
uiamtcnanee. repairs and revenue-, and
toeairyou with unwavering pnrpus.
and fidelity wl-u mea-ures toluciva-e the
elllelency Id all departments of public
works mid service, and to iicr-M In re
ducing our State tax. in which burdens
have already been lightened by the re
trenchments and reforms of 'a single
year to the amount of nearly three mil
lions of dollars', ami upon this paramount,
immcdhto and practical i-Mie
of administrative reform. we
cordially invite the co-operation
i( every true Democrat and
every Liberal Ifepiibllcan, aim all our
fellow citizens of whatever party or
name, who aru willing, in the coming
State election, to iinile with Us in sup
porting reform candidate-, upon reform
Tho nominations were then made, as
John Bigelow, by acclamation, for
Secretary of Slate; I.nelus 1,'obiuson,
Couiptioller; ( has. S. Fnlrchlld. Attor
ney General: Ch.ts. N. Po... State
Treasurer ; .John I). Vim Uureii, .statu
Engineer; I'lul-topher II. Walroth,
Canal Comml-louer; and Kodney It.
Crowley, t-tato Prison Inspector.
The usual vote of thanks and cIumts for
tho ticket were then given, und the con
Tho Pooplo'H Remedy.
Tho Universal Pain Ext actor.
Noto : Auk
Tako uu otbi
'llw for I trill siink of excellent thlnss.
fendant Taylor Is a cltl.eu of thu Statu of long bridge two miles hi length, and ihu
Missouri, and that the defendant Parsoi s I damage douu lo property was very large,
is a cillzen of thu State of New York-the l ": ? " I L f u
plaiutill ami Par.-ons being citizens of the m been raging should tin n. ihu damage
would be still inoru greaiiy aggravated.
Thu second section of the act of 187.r
states when a case can bo re
muved from thu Statu to the
Federal court. Omitting some causes for
removal which can have no possible ap
plication to this case, It appears that it
must bu a suit oi a civil nature, at law
or in equity, ' ' ,; where the
matter in dlsputu exceeds, exclusive- of
costs, the sum or valuu of S."00 00. "
it u In which tliere shall bo a con
troversy between citizens of dlllcrent
States. " ' . This clause
refers to a removal by cither party ; that
is by thu whole, of what constitutes Hit
one side or tliu other. The fcetlon then
proceeds as follows : "And when hi any
suit mentioned In this section there .'-hall
bo a controversy which Is wholly between
citizens of different States, and which
can he fully determined as between them,
OPPOSED TO INFLATION.
THE NEW YORK DEU0CKACY THUS DE
I ujii rim to JUn or llta'U,
1 l ull-. IllUiiU
strains, siu-iilim, Omta-
rriH liires, . uta, Ijuira
I...1 or lucUtsl Wound
iiiivi'iliui: I, mm, or
siUllii)f nl IIIimjiI.
.N'om- llieeil.mi.l lllicl-Iiil-
limns nr I M lh
j Voiiiilinol llnioiluml
j ItlnCMly OinclurKtv
i-ii,. iiiix-uiui; i-iitii,
llllml rile, (laiiillH.lt )
rulxla, Stvi-ltal face,
Klic iiiiiiiti-iu, Itlii-iimc-
iHliirue-s or -un-nots,
l.iinilmxo, lirno UucU.
Sore liiriiiil orOuinsy,
j ll-, .-llmi!.
Iniloi-sciilcnt ol' Ilie Nutloiiol IK'IIIO.
Svit.tcusu, N. Y
, September 17. The
1. 1. ..i .t.i . ....t.i.r ,.i i,,. r. . 1 1 ..... 1 ... . I
Mllll lllll lliwiniiip. .i.i tut; w ill iiij
report trout ine uoiuimiicu on ii
lions was read and adopted ;
I 111'. I'l.AII'Oli.M.
I he Democratic parly
York renew their pledge
lty to thu principles
ami alllrmed imaiiliiioiblv
'Sore or Iiitlaiiml Kyrs or
'CtttiirrJi. Leiicwrrhca ,
tu re M,,, 1,01,11110(1
1 1 runt
rnliifiil or loo I'roru'c
Milk !.. Ovurlun 1)
I eiuv anil 'Iiuuxrs
nC.IVlC.UT, llllillt(H tciri,,.
I Huns of lunmts, en
lilleONO Veins, u.
EXTERNAL '"'lerliimiinol Veins
CA I uIIIKHL lUiwr. OKI Bores, Inter
i;r . Uttl flllimlolis,
Jl"' IIiiIIm. Carbuncles. Tu-
fTCriflTITlT T ' "lorn, Hot ftWt'lllUICB.
IN XJbRNAL ( ". anil lliiiiloua, cbut-l-il
or Sum Ktet.
I tllu Hulls
I'i-Ioii (ii-WtilUow, t'rust
, nt l.lruua nr I 'arts,
io-iiniii Hire-, iiimcci
Blliigs, l'liiiipel Hnii'l.
delegates representing thu Democrats of
all thu Pulled States, together assembled
In their latus National Convention,
and since ivapnroved ami Indorsed by
1 .,..lln....,lt,. .....l.,..t.t.. 1.. lift Qlfll...
.1...,. ..III. ,.h ...... r... !. ..!..!.. . I ji . , "v.lll".l.lllV OI.IJUIOICS Ol 1IIU.-VII anil..-..
M.i. -.iuiv, u, i,iu i,uui.iiis . comprising moru than half thu total pop.
or defendants uctttally Interested in such 1 illation of thu Union, and by iho National
controversy may remove mid suit in thu Democratic platform ol Baltimore, July
t thu United States for tho -"- " uu puouu uiemi iuii-.. ou
I lliu Limui SMltS 101 tllO .........p-ii.. ...oinuiloed. and wu ( enoillicu
circuit court of thu United
proper district,'' 'Ihls clause refers to
saurccdly malnuducd, and wo denouncu
repudiation In every form and giil-c. 8,
I'OVH'M l, I lt.4 T t lot wl,i l.y all I'lrnf
-n llriisKl-lH.unil nvoiiiiin'jik lliy
nil Dr-WKUU. I'liyiili-iuns, unit eveiy
ImmI.v ulm Ini- flier ii-.-.) it.
I'imiptilcl ronluliniiK-lllilory unit UifS mall
nl free tin umilicilloii, If not found ill ytnir
POND'S EXTRACT CO.,
Nun VorU mill LohUou.
FOKtbv cjRoi.v furo of M-mluiil Weakuuit.
ls t MintiooJ und ul) disenbvra brought
iiDby birtUcrctioa or t'ccB, Any MruggUt
bus tbo hiKn-JIciita.
AV ft. 1 'r
iuiaui a, vuii