Newspaper Page Text
. F-TBLISBED EVXRY TBVRSDAY,' Y
MESmrTII C. BRATTON.
At Bratton's Building, East of Uie
' i'Court-Jouie.-- t
.TERMS OF 8 UBSCR1PTIOX.
Oneyeor, ............ ....,V...... .;: $1 GO
Eight months,:..: OO
Four months,. .-. CO
JTayuietitin advance in all cast.."
fiAJ!r.ATTOX. . : JOHN MAYO.
fT-T.Q.ttN Y S-A T-lXw ,
. - McARtUUR,' OHIO,'
TTTLI" (rfve prompt Uenirin to nil legal bus
W inena entrusted to their cure in Vintuu
ndndjolnjpg coniitio-. naj2
r; "Archibald Mayo, ;
A TTOKN KY AT LAW ,
' - . ; . i . ,
01Hcc-In Doddridge's New Building.
a.w.cor. Aluin ami Market st.,
- Opposite the Court House,
J ; - AlcArlhiir, O.,
"17"HEUEhemny always be consulted.
'TV" Mr. Mayo id in partnership -with
rOllTJSK. Ill' IIADWA-Y.
ft Jackson county, who will remain, dur
ing vacation, nt the olUcq in Jacksop, O.
Back Fay, iSouuty and Pen-
r f t t.- ,.n,,., ill' -
' All soldier", who ftre hy law, entiilod. to
Bauk Vnyf Homily aud i'vusiuni, and.'wid-
w, fatheiB, molheiit, biolharH, and vlaicm of
fioceacd eoldicm' cluhns will be prtmptly at
tendod to. . jnj Jif
A" TTOKNF.Y AT I.AW & CLAIM JGKNT,
will pruetleoln Vinton oidndjoining onun
tio. AUo, Lcpi ly Celltctor of 1iiUtii.iI Kuv
nne. Otllce In tlie Vinton Co. Bwik. j.iiiEl
' Homer . Jones, ,
A" TTORNEY AT LAW.MoAKTIICH, OHIO,
will attend promptly to all business antrua
tud to hit, cure. .... ' ."
Ollico ovor T. B. Davia' Store,. Main a'rect,
MoXrthnr, Ohio. tin'!i
. w. j. ot, :
WATCH and CLOCK-MAKEK
llulbo-ifs Building, Jlclrtlitir O.
O'ltclit'?; clocks t jewelry; Ac. always on
La. . Kcpalring (iiuo to order. ..Janliy
r Z. ilioniam,
BOOT AND SIIOF.MAKKK, Muin utrctt. op
poeito the Kulur. lloin-e, li'Arh ir, Ohio,
ninnul'iiclnro o order nil wok in bin line.
litspairiiig ulro done with icutii'ss nm dis-
atwli. a. 6atil'actitm gnurirdoid .r,d 'rices
tinxlBratii.-1 fh9Sm3 :
V A llsjv noV;i,
Chill icotie, 0.
J. A. Scott, Proprietor,
Formorly of McLuro Iloufo, Wheeline, Va.
'ftb23y M.JoLiiHD, Clork.
TXHSOH 00. BASE
s t o c k n o l d e r. s :
JOSEPH J. McDOWEIJ, Prea't.
JAMES i. DELAY, Cash.
H: S. Bi xdy, E. I). Dopok, A. Wolf,
11. F. Arari.v, D.V.Eanxkls, F. Stuoxg,
A. A. Ai'sti.v.
-Bank of Discount and Deposit.
AV ill buy and sell Government Secuil
tlcs, Bond, iic.
' Collections made nt the usual rate?. '
. D.PK0UTY& CO.,
'.l 26 Mcrwin Street,
Kefkbkxckr : Everett, Vcddcll and Co.,
Bankers; Porter, Piatt anil DeWoIf. Flour
GREAT A TTJIACTIOXS
' AT '
I f! II ITIT179
Mow opening the most attrac--r"M
sUve stock of'''- ...
Ever offered in Otis' mariei', at
OLD PRICES !
PRINTS, :" .1
iil DOMESTICS, and
,V r DRESS GGQDS
u .' of alPkiuds i consisting of ;
Beautiful French Laent,
--Jtwmbiqrtes, , r -JT
' ' '. Grenadinei,
- j lypUnt ana lustres,
JVew Styles -'Parasbliia
T"r. t ATB", ' ' 'l'f'j:-
A SPLEXDID STOCK OF'
to whlcb especial "nrtentlon h-drrectcd.
mayly : : -i-1
lit; t Is? .vwitt li
M'ARTHUH.' .VINTON COUNTY, OHIO, JUNE 271887. ':
II A I It 1 ATEKHIAATOR !
For Removing Superfluous Hair.
Trt 1 lin Iridica rneiInllv. Oils tiivnlunliln fin
pilatory reeomiiiotid Itselfa bciti? an ilmoat
indit-ponsiMe uriic lo to (omuls beitty, "a easily
aprlh-d, dies not bum or Injure thu skin, but
uti direitly on tbe roots. It is warranted to
removo ko j eiflnoMs liulr from low foreheads, or
from hi'j purl of tho body, cuii Ictely, totally
and rudk'iilly extirpating the lunm, leaving tho
sum sn. smoom unn naturin. j i;i is the on
ly articlo used by tho French, and in Die only
real effectual depilatory in existence. 1'riea
73 cents per pacRiie, sent postpaid, to any i
dress, on r"eeipt or an order, by
BF.KUEU, SI1UTTS A CO., Chemists.
marSly ., 235 Hiver ft., Troy, N. Y.
Anburn, Golden, Flaxen
ana Hiiizen curls.
PKOIiU'JKU i.y tlnneof i'.-ol. Dh i.fiF.UX'
FKISEI! Lt; (.UliVErX. One npplioa
lion warmntid to enrl the tnos-t Ktraiht and
efabborn hair of either rex Into wury nncleta,
or heuvy masivo onrU. Jlus been used by tho
fapliiouiiblci of l'lrU end London, with the
must gritifyin, rorults. Does no injury to the
huir. I'riee bj mail, scaled and poatpuid, t)
Reccrlptive Circulura mailed free. Addrri
KKKOEH.SnUTrS & CO., Chemists, No. 2S5
nivcr 01 , iroy, tt,.i., eoia Airentu tur tbe
uniicu oiaies. mariy
PIANOS & ORGANS
03ST TIME !
Ary one who can Tay : '
$10, 520, 30, 810 or 850
. Can Furehaso a
Melodcon, Organ or Piano,
By this ry tern.
I will sell any of my lurgo and o rofullj to
looted Block of
Pianos, Organs & Mclodcons
on tho fullojting oasy teima:
Organs and Mclodeoiis, worth
iuiitrkss at S10
do do from S100 to S200. 15
l'ianosnnd Organs, wortbmmi ?2UU to
do do do :)00 to 100. . .
. do do do SUM) to WHO....
do do do WOO to Wl'Hi. . . ,
rln - - .In il.i Knnu t STimi
By Ibis ytem of easy Monthly IVvnicnts
nuitiy p; rsun who t.vtild flml it impoHsiblo to
py the full pride of an InntrmiiBLt at once, aro
enabled tl iutchn."o ut.d payl'ur oce ilboii tho
l'or full particulars, addres
60 West Fourth si., L'iiicinnuti, 0.
Wholesale ami RutR.il Agent for
'i me Knabe Gold Mj.dal Piano,
SonnAioT. SenmDT it Co. 'a St'pr.iiion I'ianob,
Macon ite 1Ia.mi.inV (,'aiiim.tUiioan(i,
Phoninolu's G'm OjldANK.
And various other guud l'iunus, ( rgang rnd
Melodeons. ini21ni3 .
Thoro cometh glial tidings of jny to all,
Tu yottn.fr and lo old, to great und to Knitill ;
The beuuty whl.li oneu Vat so precious and
Is free for all, und nil may bo fair.
By the use ttt
For Improving anil Beautifying tho Complex
The mrwt valniblo and perfect preparation in
use, for givwR tho shin a besut'l'ul pearl like
tint, that is only found in youth. It quickly
remove Tan, Freckles, Pimples, Blotches,
Jlotli Patches, Kiillownoss, Eruptions, and all
inipuritios of 'lie skin, kindly honling the
rurne juavuiff iiiu bkju wiium anu eiear us am
batter. It i the only article of the kind used
by the French, and is considered by tho Paris
inn as indispen able to a perfect toiler. Up
wards of 80,01 0 bottlos were sold durinff the
past year, a suillcien: guarantee of its clllcacy.
Price only T." cents. Sunt by mail, post paid,
on receipt of an order, by
BEKGEK, SIIU f'1'8 & CO., Chemists,
rr.ar21y 235 River St., Troy. N. Y.
IF YOU WANT GOOD
Or Any Other Kind of Pictures,
EST GO TO
C. J. ML1MIIIRST.
Ho Is hotter prepared than ever for Enlarging
Pictures to any i-izo.
Take your old, faded, scratched , and defaced
pictures to him land you caa have the finest of
picturce mado frrm thorn.
If you want any kind of pictures framed,
large or sninll, he is alwsyc propurcd to do that
kind of work.
ll yon wnnt FINE GOLD KING, or other
JKWELKY, cMI nnd tee him.
If yon don't want anything, call and see his
lie will always be found at his rooms during
business hears, 'n T. B. Davis' building, up
HE Carding Machines in the
Icktmuk (Steam "Mills
having been refitted w ith new Cards are
now prepared for work, and the proprle-i
tors guarantee that tho work done by them
"WILL XOT BE SUEPASSED
by any machines in the county. my23m3
rpHE te!ehated EMERSON
,JL PIANO,. manufactured inn
Boston, which i not rarpasad by any oth
er inrtrument in the Uni"n. can be obtain
ed nt the LOWEST .FIGURES by calling
on me.' Call and see this Piano and judge
to r yourselves: 14 - ' -
- - ;.XRUTH C. BRATTON, 4ni.
' 1 - - nr.a.it.... " ru:-'-.". I
THE DRUNKARD'S DAUGHTER.
BY G. W. BUNGAY.
Out ill the street with naked feet. '
I saw the drunkard's littte daughter:
Her tattered shawl was thin aud small;
She little knew for 110 on c tauglrt her.
Her skin was fair, her auburn lialr
Was blown about her pretty forehead.
Her sad. white face wore sorrow's trace, '
And want aud woe that were not borrow
Heart-broken child, she seldom smiled ; "
Hope promised her no bright to-morrow.
Or if its llght,flushed ou heroiight, , . ..
Then tip came darker clouds of sorrow. ,
She softly said : "Yo have no bread,
Xo wood to keep the Are a burning."
Tho child was ill ; the w inds so chill,
JUcr thin, cold blood to ice Was turning.
But men well fed and warmly clad,
Aud ladies robed in richest fashion,
Passed on the side where no one cried
To them for pity and compassion.
That long night fled, and then the light
Of rosy day In beauty shining,
Set dome and and spire and root on Are.
And shone on one beyond repining.
Asleep alone as cold as stone.
Where no dear piirentever sought her;
In winding sheet of snow nnd sleet,
Was I'otiud the diunkard's lifele&s daughter.
BY G. W. BUNGAY. Miscellaneous.
Powers of the District Commanders
Powers of the District Commanders---They Cannot Remove Civil
Powers of the District Commanders---They Cannot Remove Civil Officers---Opinion by Attorney-
Powers of the District Commanders---They Cannot Remove Civil Officers---Opinion by Attorney-General Stanbery.
WAsiiiNOTONjJuno 1C. Attorney
General Stanberv's opinion as to
the power of military commanders,
starts out by a recital of the sec
tions of the original act applying
thereto. Lie says:
We see clearly enough that this
act contemplates two distinct gov
ernments in each of the ten States
one military, the other civil.
The civil Government is recogniz
ed as existing at the date of the
act; the military Government is
created by the act. . Both are pro
visional, and both are to continue
until a new State Constitution is
framed and the States admitted to
representation in Congress. When
that event takes place, both these
provisional Governments are to
cease. In contemplation of this
act, the military authority and the
civil authority are to be acted on
together. The people--in these
States are made subject to both,
and must obey both in their res
pective jurisdictions. There is,
then, an imperative necessity to
define, as clearly as possible, the
ine which separates the two juris
dictions and the exact scope of the
authority of each.
"Aow. as to the civil authority,
recognized by the act as the.' pro
visional civil government, it cov
ered every department of civil ju
risdiction in each of these States.
It had all the characteristics and
powers . of a State Government,
legislative, judicial and executive,
and was in the full and lawful ex
ercise of these powers, except only
that it was not entitled to repre
sentation as a State of the Union.
This existing government is not set
aside. It is recognized more than
once by this act. It is not in any
one of its departments, nor as to
any one of its functions, repealed
oi modified by this act, save only
on the qualifications of persons el
igible to office, the manner of hold
ing elections, and the mode of fra-H
ming the Constitution of the State,
and the act does not in any other
respect change the Provisional
Government, nor does the act au
thorize the military authority to
change it. The power of further
change is not granted, and it is re
served to Congress, not delegated
to the military commander. Con
gress wa3 not satisfied with the or
ganic law, or Constitution under
which the civil Government was
established. -That Constitution was
to be changed in only one particu
lar to make it acceptable to Con
gress, and that was in the matter
of the elective franchise. The pur-
pose, tne sole ooject 01 tnis act is
to eilect that change, and to eltect
it by the agency of the people of
the State, or such oi them as are
made voters by means of the elec
tion provided for in the act, and in
the meantime to preserve order,
and punish offenders, if found nec
essary, by military commissions.;
We are, therefore, not at a loss
to know what powers were pos
sessed by the existing civil author
ity,ulhe only question' is, what
powers are conferred on the milita
ry authority? iWhat remains with
the civil government? . We see,
firsfc f all, that each: of these
Staoes ii subject to the military au
thority of the United States; not to
the piilitary authority altogether,
but with this express limitation as
hereinafter prescribed. - We .must,
then, examine what ie thereinafter
provided to find the extent and na
turaofthe power granted. This,
then, is what is granted to the mil
itary. commanders. The power or
duty, to protect all persons in their
righh oi person and property, to
suppress insurrection, disordei and
violence, and to punish, or cause
to .bajuni8hedy aHdiskir ber ef the
public peace or criminals; and be
mayjlo this by the agency of the
criminal courts of the State, or, if
necebaary, he may have resort to
military trials. This comprises all
powen given to the military com
mander. Here is a general clause,
making it the duty of the military
commander to give protection to
all persons in their rights per
son and property, consiefed by
itself, and without referenifctfio the
context and to the provisions of
the acts, : It is liable, from its gen
erality, to be misunderstood. What
sort of protection is here meant?
What violations of persons or of
rights of persons or of property
are here intended? . In what man
ner is the protection to be given?
These questions arise at once.
It appears that 3ome of the military
commanders have misunderstood
this grant of power as all compre
hensive, conferring on them the
power to .removo the executive and
judicial ofliceri of the State, and to
appoint ' other officers in their
places; to suspend the legislative
power of the States, to take under
their control'the officers appointed
by themselves, the collection and
disbursement of tho revenue of the
State, to prohibit the execution of
the laws of the-'State by agency of
attorneys,' appointed officers and
agents; to change existing laws in
matters affecting purely civil and
private rights; to suspend or enjoin
the execution of judgment and doc
isidn8 of "the" established State
Courfs,vtoririterfere irr the ordinary
administration of . justice in State
Courts by prescribing new qualifi
cations for jurors, and to change
upon the ground of expediency the
existing relations of the parties to
contracts, giving protection to one
party by violating the rights of the
other party. I feel confident that
these military officers in all they
have done have supposed that they
had full warrant for their action.
Their education and training have
not been of the kind to fit them for
the delicate and difficult task of
giving construction to 6uch a stat
ute as this now under consideration.
They require instruction, and near
ly all of them have asked for in
struction to solve their own doubts,
and to furnish to them a safeguard
for the performance of their duties.
There can be no doubt as to the
rule of construction according to
which we must interpret this grant
of power. It is a grant of power to
military authority over civil rights
of citizens in time of peace. It is
a new jurisdiction never granted
before, by which certain particu
lars and for certain purposes, the
established principle that the mili
tary shall be subordinate to tho
civil authority is reversed; the rule
of construction to.be applied to
such a grant of power is thus stated
in Dwarris on Statutes, page 652;
a statute creating, a new jurisdic
tion, and ought to be construed
The Attorny General proceeds lo
the construction of various poitions
of the act. The act does not give
power to confer a new right, but
only to protect those which exist,
and are established by the laws
under which people live. . It is a
power lo preserve,not to abrogate;
to sustain the existing frame of
social order and rule, and not a
power to introduce military rule in
its place.' It is given to meet cont
ingencies recited in the preamble of
want of protection for life and pro
perty; this duty or power of protec
tion. is to be performed by the t-up-pressioD
of insurrection,disorder and
violence, &c, and it is declared that
all interference : under . the State
authority in', the exercise of this
military authority, shall be null and
void. ) r These . special provisions
touch no other department or func
tion of the civil administration, 6ave
only its criminal jurisdiction;:- and
even as to that, the clear meaning
of this act is that it is not to inter
fere with the military unless when;
necessary. Existing eivil authority
in all other departmentLegislature,
Evcutive and Judicial, is left un
The Civil Rights act and the
Freedmen Bureau act made ample
provision for all merely civil rights
where laws or courts of these States
mightj fail to give full and impar
tial protection.' No authority exists
anywhere in this act for the remov
al by the 'military ? commander of
proper officers of the State, either
Executive or Judicial, or for- ap
pointments of persons to their
places. Nothing short of an express
grant of power would justify the
removal or the appointment of such
arr-efHcer. MThcre-ifruo such, grant
either expressed or even implied.
On the contrary, the act clearly
enough forbids it. The regular
State officials,' duly elected and
qualified, are entitled to hold their
offices. They too have rights which-
the military commander is bound
to uphold, but not authorized to
destroy. I find it impossible, under
the provisions of this act, to com
perherid such an official as a Gov
ernor of one': of these States, ap
pointed to office by one of these
military commanders. Tho law
takes no cognizance of such an of
ficial, and he is clothed with no au
thority or coler of authority. What
is true as to the Governor, is equal
ly true as to all the, other legisla
live, execulivo nnd judicial officers
of the State. Certainly tho act is
vigorous enough in the power which
it gives. With all its severity the
right of electing their own officers
is still left with the people, and it
must bo preserved.
This opinion is confined to the
proper authority of the military
commander where peace and order
prevail. In case of actual insur
rection or violence in these States,
so formidable, as to require tempor
ary suspension of all civil govern
ment, and the establishment in its
place of whatever power is neces
sary to meet such an emergencyj
the military commander may pro
perly exercise any, power. In the
suppression of insurrection and riot,
the military commander is wholly
independent of the civil authority.
So' V tooj in trial of criminals and
offenders. He may supercede the
civil jurisdiction. If civil order is
preserved, and criminals are duly
prosecuted by the regular Criminal
Courts, the military power, tliougu
present, must be passive. Its pro
per function is to preserve the
peace, to act promptly when this
is broken and restore order. When
that object is done and civil author
ity may again 6afely. resume its
function, tho military power be
comes passive, but on guard and
watchful. This is the scope of the
military power conferred by this
act. : The military commander is
made a conservator of the peace,
not a legislator; hia duties are mili
tary executive duties not legisla
tive duties. Congress reserved to
itself the power to alter, amend or
abolish such laws as it had not in
terfered with. Where then does a
military commander find his author
ity to abolish, modify, control or
supercede any one of the laws?
The Attorney General proceeds
to specify some of the acts ot the
military commanders which, in his
opinion, have exceeded the mili
tary power under the law. In one
District the Judge of one of the
criminal courts has been summar
ily dealt with. The act of Congress
gives authority, in case of neces
sity, to the military commanders
to transfer the jurisdiction of a
criminal court to a military tribun
al. No authortiy can lawfully be
exercised over them. No appointee
of a military commander in place
of a Judge superseded can lawfully
exercise authority either as a civil
magistrate or member of a military
tribunal. The commanding Gen
eral ot the District of North Caro
lina and South Carolina construes
the act of Congress as placing him
upon the same footing as regards
power and authority, as Congress
itself. He assumes that the para
mount authority of the United
States to abolish, modify, control
or supersede, is vested in him as
fully, as it is reserved to Congress.
He assumes directly or indirectly
the authority of the State, legisla
tive, executive and judicial, and in
effect declares "I am the State."
: In the Attorney General's .opin
ion, there are executive duties to
peiform which cannot 6afely be
ayoided or. delayed there. Com
manders, notwitnstanding their as
sumptions, are not in any sense
clothed with paramount authority.
They treat as subordinates execu
tive offiaeTS, : who . are responsible
for the proper, execution r of their
l 'ADVERTlSIliCr TERSiSi
Onasqttare, ten. Hoes,-,?.. ..v. . $1 OO
Eaoh: additional lBsertiom . r.i'.ii a !-:
CaTdsvper-Twuv ten lines, v.. ;;.t; 8 OO
Notices of Executors, Admin Is tra- "
tors and Guardians; 2 OO
Attachment notices before t. P, . . ' J8 OO
Local notice, per line, ' -, 10
Yearly advertlsments win be chargeA
$70 per column, and at porporUonaU
rales for less than a column. Payable in
duties,and upon them rests the fin
al responsibility and atity remains
with him, to see that they execute
their duties faithfully and accord
ing to lar. .
In support of this opinionhe cites
the opinion Of the Supreme CbUtt,
delivered by the Chief Justice in
discussing the State pf Mississippi
when asking leave to file-a bill
against the President.
Da then proceeded to reply to
certain questions propounded from
onB of the military districts, touch
ing the power of military comman
ders to constitute military tribun
ate fof ihw trrar-6f tfflcefsmVhilst
the act does not abolish the regu
lar criminal courts of the State, it
gives power to a military coram wi
der, upon his judgment, when the
necesstiy arisen to take the admin
istration of criminal law into his
own hands, and try and punish of
fenders by meaflS of military com
missions. He expresses grave
doubts of the constitutionality of
this, provision of the law in time of
peace, and cites, in Bupport 'of his
position, the opinion of the minor
ity of the Supreme Court, delivered
by Chief Justice Chase. He 'savs
nothing short of an absolute neces
sity can give any color of authority
to a military commander to call ill-'
to exercise such a power. It is a
power the exercise of which may
involve him, and every ono coll
cerriedjin the gravest responsibility.
The occasion for its exercise should
be reported at once to the Execu
tive for such instructions as may
be deemed necessary and proper.
The Attorney General is clearly
of the opinion that Military Com
missions can take cognizance Of n6
offence that has not happened after
the law took effect, and that they
have no jurisdiction to try and pun
ish for acts not-made crimes or of
fenses by Federal or State law.
There is no legislative power given
under this Military bill to establish
a new criminal code. ' As to vimea
or offenses against the laws of thj
United States, the military author
ity can take no cognizance of then.
nor in' any "way interfere . with
equal administration of justice by
the appropriate court. The At
torney General supplements this
opinion with a synopsis from his
fotmer opinion, giving the classes
disfranchised under the Military
individuals, in all the
transactions of life, who made con
tracts in gold money are required
by the Courts to take "legal tender"
paper money instead as a full sat
isfaction for their debt3.
The holders of bonds, on the cod
trary, who lent the Government
paper money now insist that the
same money they lent is not good
enough for them to take backl Thejr
must have gold! They gave paper
and get gold, but other people who
gave gold must take paper money.J
Why should this difference infavof
of the bondholder be made? Why
should they not be placed upon the
same footing as the rest of the com
munity. Rules for Courting. The fol
lowing good advice on the subject
is from the pen of John Quillj who
seems to have had rather a blissful'
experience in relation to such mat-.,
ters: . , ,
J. Never go courting the girl's'
parents. YoU'd better edge up to
the charmer herself at once ; for
you can't marry her if you don't try
unless 6he wants you, nnd you may.,
be able to, even if the old folks' ate!
hard on you. . .
2. By all means get the girl's" mV
down on you as much as possible.1
If the old lady is always blowing
against you, the little deaf begins;
to take your part, and can't Help
loving you. r
I did this way, and my " presi'nt.1
mother-in-law used to throw brobhul
and washboards at me,' and teaclv
the dog to bite me in the trousers.
as 1 climeu over tne lence.
A wise lady has said, "If a wo
man would have the world respect
her husband, she must set the ox-'
.A newly-fledged parent who" as;
undoubtedly been too curiously ims
pertinent in demoetic matters, asks
"Can putting a clears 6hirt on a
Daoy oe piopeny caweu smiling
the responsibility?? ., J.'ili v ii b
' The new iada-rubber ears for'la?
dies are boxed every night. ' 'o
tS" The new india-rubber ears
for ladies are boxed every sight,