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THE DAILY -PRESS
I printed and published dally, (Sundays xcepted,)by
At No. 14 West' F'rth' street.
and dellvarod to subscribers In CINCTHWATI, COV
1N0T0N and NEWPOUI.and Id surrounding cUiea,
village nd town, at
SIK CENTS A WEEK, '
payable to tbe carrier.
price: ok maixihg.
Btngl Ooptaf, 1 cU.i On Month, 40 ate.; Thr
. Month!, 11 00; On Tear, St 00.
NEW NATIONAL THEATER
tawr Dim, Sole Leasee; D. A. Sakxid, Stage
Manager; W. 0. TaoMrsoua, Treasurer.
Elzth week or th engagement of th celebrated
M'Uo Louise Wella' Equestrian aud Dra
matic Troupe. .
BENEFIT OP M'LLE LOUISE WELLS.
FRIPAT EVENING, May JO, will DO aetcd !h. In
srosllnf drama, called
NICK OF THE WOODS.
Tell Pee, M'lle Louise Wella; Jibbenaiuotnr,
Bloody Katban, Kick of th Woods, Avonger, liegl
nald Ashburn, Spirit of the Waters, Mr. (). .1. Ar
nold; Roaring Ralph Btarkpole. Sir. Lemngwell;
Richard Uraxley. Mr. Hamilton; Rowland Forrester,
Sir Mortimer; Edith Forroeter, lira. Uriffln.
To conolnde with tbe beautiful mlllltarr drama,
. , : FRENCH SPY; ,
Vlctolre de Merle, Henri 8t Alme, Arab Boy. M'lle
TiOutae Wella; Moha.nmed, Mr. Jennings; Touy, Sir.
W. i. Ayniar; Achinet Boy, Mr. Lsnlugwoll.
Saturday, Benefit of Mr. O. J. Arnold.
The Manager take pleaanro In annonnclnf an en-
i pleaanro In annonnclnf an en
night, with the popular Marti
ill appear on Monday noxt.
ga.etuem, lor a low
uettl troupe, who will appear
COBNSE BIXIH A VINB Btb., CINCINNATI.
Ocoroi Woon, Manager; O. O. BavAirr, Stage Man
ager; P. B. Umstso, treasurer.
Notice Time Oiiancip. Door open ateX o'clock;
Performance commences st o'clock.
Price or Admission. Dress Cirol and Parquet!,
oocenm; Family uirnte, ftoonr.
Boats can be secured at the Box Office from 10 A.
M. until. P. M.
IIIISS MAGGIE MITCHELL,
When .tie will appear tn three capital pieoea, aa
aumlng men character, with onga and dancos.. .
FRIDAY KVENINO, May , Will be presented
the beautiful drama, In two acta, called
THE YOUTH Of FREDERICK THE GREAT.
Trlnce Frederick of Prnaala Miss Mitchell
King Frederick Mr. Ellaler
Count Henderoff. .................Mr. Smyth
4'nptaln Rosenborg Mr. Unifier
Inez, Princess of Brunawlck Mia. Bryant
Queen of Prussia m ..rs. Glaasfbrd
To be followed by the beautiful Protean comedy, iu
ou act, called
THE LADY'S STRATAGEM.
Margaret WlUon, CI reek Boy, Moll Toier, Captain
hugen Charlemagne, Giselle, (with songs and
dance,).....,..... Miss Mitchell
Blr George Culborn .,..... Mr. Smyth
Overture ........................ M..-.Orchetra.
To concludo with tbe laughable burletta called
ANTONY CLEOPATRA. ,
Cleopatra, (with song, "Why don't the men pro
pose? ') m... ...........Mi Mitchell
Antony ... Mr. Collier
During tbe piece, Pas Styrien by Mlea Mitchell aud
Mr. Collier. ,
Look out for "Tbe French Spy."
In preparation, tho new piece called "The Little
SavarV'and "My Grandfathers Will; or, the Man
S I G. DONETTI'S
SI 0?i KEY AND BURLESQUE
COMPOSED ENTIRELY OF ACTING
MONKEYS, DOG1 AND GOATS, tun thoy bavo
appeared In the principal Ba'ooue of Paris, London,
Now York, Boston, fbtbulelnhlaamlNew Orleans,') In
TIGHT AND SLACK ROPE PERFORMANCES,
GltAN i SPECTACLES, '
EQUESTRIANISM, Ac, Ac.
with luaKiiinoent Costumes and Appointments,
Smith & Nixon's Hall,
For One Week.
Commencing. MONDAY, May KM: alao on WED
NESDAY and SATURDAY AFTERNOONS, for
Children and Families. .
W hen last bore, this wonderful Troup drew to the
above Hall the largest houses ever brought together
in this eiiy, and tbe Manager, relying ou the adili
tinna and Improvements sine made In it, appeals
with confidence to the amusement goers of Cincin
nati, both young and old. Also,. .
SI. Douuettl'a World-Renowned ' 1
DIORAMIO DISSOLVING VIEWS,
As a grand final to th Drama, WITHOUT IX.
The whole to conclude with tbe Terrific Ascentlon
of the .i , , . . ,
Dog John Bull iu tbe Fire Works!
BDoor open at 7 o'clock. Performance to com
lut-uce at a. Afternoon Performances Doors open
at IS ; to commence at 3 o'clock.
W Admission, for Lalles and Gentlemen, 2J cents.
For Children, this hoiim tin eutortafnment peculiar
ly attractive aud fascinating to families, Ticket will
be J"it at tbe iiuusuAlly low rate of 11 cents.
HP" To relieve the Ticket OBIce at the Dtair, Tickets
can he procured during each day at Messrs. Peters A
Bona' Mnalc Store, and at entrnuce to Messrs. Smith
A Nlxons Piano Rooms. my9-w.
O n'e W"eek O nly.
MADAME BIANCUE THE
i-"Js.world-renowed Planet Reader and Female Bo.
tanlctl Physician, baa arrived and taken rooms at
the Cnitod States Hotel, corner of Sixth and Walnut
streets, where she can be consulted on all kinds of
business. Also, for persona born In March. April,
May, June, September, October and December, she
will select numbers in any legalized lottery that will
draw capital prizes. Parents having children born
in the months, can get their number aad draw
prizes on them.
The Madame la a thorough physician, and cores
withonl fail, (of which she has ample proof,) all
diseases of females, Inflammation, ulceration, aud
falling of the womb, cough, and culds. Also, all
the diseaxas of the spine, curvature of th spine, cure
and straitem, without injury to the general health,
nd in a very short time. AIpo, all kinds of chronic
diseaeee that human flesh is heir to: the worst form
of womb disease cured in from four to six week.
For particulars call ou the Madame, at her rooms
in the Hotel, or s small bills. Otrlce hours from
A. M. to I'. M. Terms-Reading the planets;
ladies, SI; gents, 1 2; lottery numbers, 13; talismans,
II0to$ai. Treating of diseases, extra. n.yl2-cm
SEW AND INTKRK8TINO ENTERTAINMENT
EVERY DAY AND EVENING.
JEE LARGEST COLLECTION OF ANTI
QUITIES IN THE UNITED STATES.
N. E. Comer Sycamore and Third Bta.
Concerts at moorts garden.
MENTER'g CORNET BAND, will
aire Concerts this Week at Moor', fla .-.!.
WEDNESDAY aud JtRIDA If AYENlNGfl, May 18th
To the Ladies.
. r" i- . .
Z ;!; iTIIE BOUDOIR
Double-Thread Sewing Machine
THE BEST AND CHEAPEST ':
' ' 'Ji '.. ..;44t', ''J
Do uble-thrcad tjewing Maeklna ever offered
la tha Ctnelnnatl utarkrU
i. This Machine possesses advantages over any thing
Offlo In Melodeou Building, corner Fourth aatl
Wflti,'rt4ri.','5r- l't: Hi)
Agent wanted 1 th west aad goutb.
Send for olrouUr. "Addres 1 ' '' ,J
W. K. Dritman & Co.
VOL. I. NO. 76.
i ; f r
MORNING, MAY - 20, 1S59.
PRICE ONE CENT.
HE AVONDALB AND READING. ROAD
villi' ,UL"' 1 irnin .ii'.ll UIIIVV, I,, -.aiUUt
street, at , in, and II A. M.: at 1, 4.30, aud 6 P. M.
Sundays, 10 A. M. aud 6 P. M. m-aw
nuvinr.i'ji..-.ti...i. iiflt.. krn . -. . .I- i .
AGRICULTURAL IMPLEMENTS4 SEEDS.
Wilder, Bobliiaon dt Co., litfl) Walnut street.
BOOKS AND STATIONERY.
Appleante A Co., No. 45 Main st.
Anderson, Gate oV Wright, Il'J Main st.
' BURNING FLUID AND COAL OIL.
Can. A. Junghbnna, corner Tblrd and Mill at.
' CABINET MAKER'S HARDWARE.
McAlpin, Illnman dc Co., 103 Walnut st.
J. L. Wnyne cV Hon, 144 Main at.
CIOAR8 AND TOBACCO.
Kennet, Dadley dc Co., l'J Main st.
- " FANCY GOODS AND JEWELRr
Gardiunr' Auction House, 134 Main
FLUID INK MANUFACTURER.
J.J Ba tier, 3 Vine st, ' ; ,
FOREIGN A DOMESTIC FRUITS.
John Hltcbrll, H College Building, Walnnt st
Win. Wlsweil, Jr., 70 West Fourth St.
Dr. '. W. Uonnck'a Scandinavian Blood Pills
and Blood Pnritlor, No. 0 East Fourth street, sec
ond building from Main.
' PAPER MANUFACTURERS.
Dnchelar, Det'nmp cV Co., 1 Walnnt t. '
Pollock ik nifOnll, a.TJ Walnnt st.
Nixon oV Chntflcld, 77 and 70 Walnut at.
PHYSICIANS AND SURGEONS.
Dr. AV. II. Hwnndrr, 107 Lnngworth st.
Dr. W. II. Beck, ht Broadway.
Dr. J. C. Deck, 87 Broadway.
SADDLERY A CARRIAGE TRIMMINGS.
Hunter, Eameaton fc Co., 168 Main St.
SCALES, BEAMS AND TRUCKS.
T. W. Wricht dc Co., No. 10 West Second at.
- SEWING MACHINES.
Goo. B. Mont Jfc Co., 54 West Fourth street.
SUGAR-CANE AND GRAIN MILLS.
Hedcea, Free fc Co., H Main st,
WATCHES AND JEWELRY.
Becca dc .Siultb, 0 West Fourth st.
Oakamp fc Bro., 108 Main st.
WINDOW SHADES AND OIL CLOTHS.
Snowden A Otto, 21 West Fourth st.
Sawyer A Kirk, 8 College Hall, Walnut st,
WIRE CLOTH AND PRODUCTS.
8. G. Burnett de Co., 47 Walnut at.
Printed by "Caloric."
See "Local News" on Third Page.
The Late Homicide on
Testimony before the Coroner.
Antecedents of Deceased, and the parties
Implicated in the Murder.
The deed of blood so foully consummated
ou Western Row lant Wednesday night, is
the absorbing topic of conversation on our
streets, and thousand tales are afloat in ro
gard to the homicide aud its antecedents.
John Clawiou, who stands implicated by
tho testimony before the Coroner as the prin
cipal in the murder, is the son of a respecta
ble manufacturer in this city. lie is of slight
and fragile form, very thin visaged, aud as
we saw him in the Court room, yeatorday
morning, has a very haggard and care-worn
look. He i not more than 28 years of age.
As he took his teat at the prisoners dock ho
looked nervoutly and anxiously about him,
and tha musolea of his face were in continual
play as if suffering .severe mental agony. His
two brothers, more youthful in appearnuce, did
not seam, to realize their unfortunate position,
bat had the appearance of persons' arraigned
for rome slight misdemeanor and expeoted to
bo let off with a light fin o. Adams Is about
th lamo age with the elder Clawson. He has
oonslderebl of tho b'hoy look, and to all out
ward appearance was totally indifferent as to
Judge Pruden appeared as oounsel for the
prisoners. They were brought into Court, and
remanded without bail, until Saturday next,
when the examination will take place.
,We give below the testimony adduoed before
the Coroner. - ....: . i
Alonzo Cameron, sworn. This afternoon 1
was at Mr. Beitier's, and was invited by Mr.
Clawson to go to Mr. Uardin's to get some
thing to eat; he then told ins he had some
family trouble, and asked my adriee in rela
tion to the mattor; I told him I knew what I
would do, but further than that I would not
say;' we thn went down street; he further
said he wanted to got a divoroe from his wifo;
we then went to the Telegraph House, and
there we met Win. Adams; ' then some talk
took place, and Wru. Adams and deoeasod
went out, and then I heard a pistol fired, and
then I went out and saw nobody there; I then
went in searoh of Mr. Mahone, and found him
at ' Ross' drug-store; this afternoon he told
me he suspected Mr. Muhooe was having im-
E roper intercourse with his wife; Mr. Clawson
as ohaaged his clothing; he had on a suit of
Wm. McLaughlin, sworn.' Am bar-keeper
at the Telegraph House; this evening, about
half-past 11 o'olook. deceased and Wtu. Adams
had an altercation, and -Adams invited him
out and suid ho oould whip him; Adams said,
44 1 show you Mahone, whether I have any
friends or not;" then Adams said, "Come on
John, here's the son of a 1" Then I
heard tho report of the piBtol, and saw tbe
flash) then saw the deceased pnt hit hands to
hi fao and run down tbe street; in a few
moment John and William Clawson came in
to the house and seemed much excite J; then I
heard foot steps running up street.
Wm. M. Hunter, sworn Was in the drug
store, eorner Eighth and Western Pow, when
deceased oame in and exclaimod "Gentlemen
I'm shot;" as he cam in some one assisted in
getting him on a lounge; I called for a bucket
of old water and sponge to wash tha man;
Dr. By same Moore was there and felt de
ooased'g pulse; be said it was no use, that the
man was dead: I asked deceased who shot
bim, he said John Clawson did it.
' H. H. Robiuson, sworn. Was passing along
Western Row, and stopped in at the oorner of
Eighth and Western Row, to get gome soda:
just at that moment a man earn in aad said,
"Gentlemen,. I'm ahot;" I said, ."for God's
sake tell who shot you;' then a crowd came
iu, aud I heard a response that' 'twas John
Clawson. . . , y . ...
.Andrew GIBln, swdrn.' T have known for
tome time there was a difficulty existing be
tween Clawson and deceased; This eruning
about 11 o'clock I was at George SeiUer't aod
deoeased was there j I started to go home, when
I heard some loud talking, ' and I turned back
ana neara the report or a pistol, and l came
up and saw some one run away, "and -went in
pursuit of him; 1 overtook the deceased
at the oorner of Western Row and Eighth
streets ; found bim in the drug store ; I
naked bim who shot him, and he said it was
John Clawson; Have heard Mahone say that
Clawaon threatened to shoot him.
John Gates, sworn. Live at the Telegraph
fioufo; . This venitir Mahone and Adams was
thore and got into some trouble; Adams told
Mahone to oome out on the pavement; As
soon as they went out, heard Adams say,
"It's all right, come on, John ; " then John
and Charles Clawson both onine around the
oorner of Western Row, and I saw John Claw
son shoot Mahone; I coald not be mistaken;
am certain John Clawson is the person, although
I did not see his faoe.
Wm. Heokwelder, tworn. Yesterday after
noon I was at the corner of Fifth Streot and
Western Row; met John . Clawson, and he
wanted me to go over the river with him; be
stid ho won tod me to get tons evidence to get
a divoroe from his wife; saw him again about
9 o'clock; ho had a cane in bis hand, and said
he was mad; he appeared much excited; hare
heard that Clawson and Mahone bare had
trouble abonta woman.
. William A. Smith, sworn. Am boarding at
the Telograph House; wat there to-night about
eleren o'clock; Mahone was present and sov
cral other gentlemen; they asked me to go out
serenading with thorn; Just then Mr. Adams
stepped up and spoke to Mahone, and naked
him to sing a song; Mahone said he did not feel
liko it; Adams replied, "I don't care, I can
ing better than you can," and walked for
ward and flourished a cane, and said, "I ean
whip you any how;" Adams dared Mahone
out; Mahone said be did not want to raise a
fuss; both went out and I followed; they be
gan to talk about something; Adams said he
would show him whether he had any friends;
heard him say, "Come on, John;" the prisoner
then came round the corner; Adams said,
"There goes tbe d son of a , catch
him;" bis was after the pistol was fired.
T. S. Hilton, sworu Was at the Telograph
House and saw the deoeased, Adams, and sev
eral others; Adams asked Mahone to ling a
song, and Mahone declined; Adams said he
could whip bim. Mahone said he could not;
I caught Mahone by tbe shoulder and said,
"Nevermind him come in and take a drink-"
Just at that moment a pistol was fired; It was
in tho hands of ClawBon, who wat within five
or ten feet of him; Then Mahone ran to the
cornor of Eighth street aud Western Row, saw
the prisoners run; When I went to tbe Drug
Storo I heard Mahone was dead; I could not
be mistaken. Adams ceiled oat, "Here is the
d d son of a, now kill him." Adams
came iu to rope tho deoeased out and get him
S. C. Wade, sworn. Wus at the Telegraph
HoUoO at half-post 11 o'clock ; was with cfo
ceased, and went to sea a lady; then we got
some cigars, and then mot the Clawson boys;
we wore going out serenading; wo then wcut
to the Telegraph Ilouae, aud got a drink; wo
met Adams, and Adams wanted deceased to
go to Gano street to see some woman ; Dick
said he did not want to go; then Adams said,
" You d d son of a , I can whip you;"
Deceased laid he did not want to raise any
fuss in the house; Then Adams said, " Here
is the d d son of a ; shoot hiral" or
" kill him !" I recognize the prisoner, Mr.
Clawson, ou tho man who fired the pistol ;
saw but two persons come 'round tho comer ;
have heard that John Clawson had bought a
pistol to shoot Dick Mahone ; never heard
any of tho Clawson boy say they would kill
hiin, or moke any threat.
Tho testimony here eonelnded, and the jury,
after a short consultation, returned a verdict
that tbe deceased oame to his dea'h by a pistol
shot, the pistol being in the hands of John
Clawson, and that Charles and William Claw
son and William Adams were accessory to tbe
John Clawson, when icaroely oat of his
teens, while on a visit to Flemington, N. J., be.
came euamoured with and married the daugh
ter ofa merchant of that village. Tbeir honey
moon had hardly waned, when his wife proved
inconstant, and fled with Hurry Smith, a
young Englishman, then doing business in this
olty, and who left a wife to share tbe guilt;
embraces of an other. Mrs. Clawson and
Smith lived in lewd intercourse for about two
months, when she professed repentance, and
solicited so earnestly to return to her husband,
that he at length consented. Yoars rolled on,
but th void she had created in his now deso
late heart, oould never be filled, and their mar
ital life was embittered by many contentions.
Two or three months since, she again loft her
husband, and was seen in the streets with dis
solute women and " fast young men," and the
now discouraged, husband determined tq aban
don her and to apply for a divoroe.
Previous to . their last separation, Mahone
had been a frequent visitor at Clawson'i house,
and was on tbe most friendly terms with Claw
son. The husband now more than susptots
that Mahone was improperly Intimate with
Mrs. C, not only sinoe their last separation,
but subsequently. A few weeks since Mahone
took Mrs. Clawson to a ball, and while on tbe
floor danolng with her, he observed Clawson
enter the room with a notorious prostitute He
also noticed that Clawson had been drinking.
Fearing a difficulty, he left the room with Mrs.
C. A short time subsequent to this ooourrenoe,
ClawBon met Mahone at th Telegraph House,
and called him into the yard. . He there, as
Mahone afterward related to a friend, drew
out ef his pocket a four-barreled pistol, whioh
be displayed to Mahone, and told him that on
the night he saw bim at the ball with bit wife
be had a great mind to follow him and thoot
him; hut a feeling of auld Iang tyne oame over
him, and he oould not do it. Mahone manly
repliod that it would be the aot of a coward to
hoot man in the dark.
W learn that Clawson has frequently been
teen linee tbeir last separation, talking on tha
street corner with hit w ifo, aod hat alto had
many conversations with Mnhono.
Mahone would never admit to any one that
he bad bad improper Intercourse with Mrs. C,
but baa frequently said that the wat annoying
him, and that he wat anxious to get rid of her.
He left Cincinnati for Louisville a few dayt
tince, in order, at hat been said, to aoooniplisb
that purpose, and only returned on the day of
Th state-rooms of two passenger! on the
Iteamer Superior, while that vessel wat lying
In port, Wednesday night, were entered by
thieves, and f 13 stolen from on and $20 from
another. ' '
A tuoisToit on Walnut street near Seventh,
wat robbed by burglars, on Wednetday night,
of about $100 worth of boots and shoes.
. i i :
. i .i . ,ni ' i. . , i , ..... ;
"The Cincinnati Street-Railroad Co."
As this Company have instituted proceedings
in tbe Probate Court to appropriate to tbeir uie
certain street of th city of Cincinnati, for the
purpose of laying down rails for a Street-Rail
road, they deem it proper to state tbe reasons
wbioh have impelled them to adopt this oourse.
This Company was duly organised on the
0th of November, 1858, under the general in
corporation aet of the Stat of Ohio, passed
May 1st, 1852, and immediately after their or
ganisation, petitioned the City Counoil to grant
to them the right to use certain streets, for tbe
purpose of laying down their rails. This pe
tition was referred by the City Council to a
committee of seventeen on from each Ward
which committee, after a full investigation
of the subjoot, reported to Counoil, on the
12th of January, lbi9, in favor of granting tbe
privilege asked for, and submitted to
Council an ordinance in acoerdanoo with the
Although a large mnjority of Council were
clearly in favor of granting this privilege by
the passage of the ordinance, yet it passage
was defeated by the inability of the committee
to take it from the table en whioh it had been
laid, by adjournment of Counoil, it requiring
a two-thirds vote of the whole Council for
this purpose: wbioh in practical operation
amounted to about three-fourths of those who
were in actual attendance. There scarcely ever
being more than three-fourths of all tbo mem
bers present, this onabled a few enemies of the
proposition, through the Instrumentality of this
rule, to defeat tho will of the mnjority, and pre
vent the aotlon of Counoil.
On the 9th of February, this Company again
called the attention of Counoil to this subject,
by presenting a petition, signed by about
eight thousand of our oitizens, asking that the
privilege might be granted "The Cincinnati
Street-Railroad Company." This petition was
referred to a oommittee of three, who reported
on the 2d ef March in favor of granting the priv
ilege ; and this committee submitted an ordi
nnnoe in accordance with the report. Tbe
same difficulty oocurred in this case as in the
other, and no action wm had by the Counoil on
this ordinance, on acoount of their inability to
suspend tbe rules.
In the meantime, whilst the faatious opposi
tion of a few members, delayod action upon
the petitions of this Company, other Com
panies composed of non-residents, and persons
having no community of intoroat with our cit
isens, organized theinsolvos, claiming substan
tially a right to construct all the lines proposed
to be constructed by " The Cincinnati Stroet
Railroad Company," and intimating that by
law, they had some priority of right over "The
Cincinnati Street-Railroad Company."
And one of theso Companies has presented a
communication to Counoil, clearly indicating
this claim, and tearing at a fair inference that
if Council did not negotiate with them, they
intended to adopt other means to appropriate
tbe use of the streets.
Now, as "Tbe Cincinnati Street-Railroad
Company" is tbe pi-mer in this enterprise, and
is composed exclusively of our own citizens,
and any citizen desiring to beooioe interested
in street-railroads in this city can do so by
becoming a subscriber to tho capital stock of
this Company. And at this Company have
spent much time and labor in bringing this
subject to the attention of Counoil and the no
tice of th people, they feel that it is due to
thorn, at well as to our citizens, to protect
themselves in their legal rights. Fearing some
action of these other companies to appropriate
the use of the street., they faar tukon the
opinion of Judge Gholson on tho subjeot, and
are advised that this Company are in danger
of losing their rights by delay, which opinion
is herewith published and referred to.
In eonoluslon, we would ay that by taking
this course, this Company do nut mean to shut
the door to a negotiation with the city for this
privilege, but are ready at any time to enter
into any fair aod reasonable arrangement that
may be proposed. Neither do tbey expeot to
deprive other companies of obtaining similar
OPINION OF JUDGE GHOLSON.
Tbe general incorporation aot of May, 1852,
provides that any numbur of natural persons,
not lest than five, may become a body corpo
rate for the purposo of constructing a railroad
Tbey are required, undor their bands and seals,
to make a certificate, specifying, "1. The name
assumed by such oompany, and by which it
shall be known. 2. The name of the place of
the termini of said road, and the county or
counties through which such road shall pass.
3. The amount of the capital stock neoessary
to construot such road." Such certificate he.
ing acknowledged and rooorded in a manner
presonbed, the company are authorized tooarry
into effect the objects named in tbe certificate
in aaoordanoe with the provisions of the act.
As to the construction of the road, it is pro
vided that the corporation "shall be authorized
to oonstruot and maintain a railroad with a
single or double track, with such aide tracks,
turn-outs, offices and depots as tboy may deom
necessary between the points named in tbe
certificate; commencing at or within, and ex
tending to or into any town, city or village,
named as the place of the termini of such road,
and oonstruot branches from the main line to
other towns or plaoes within the limits of any
county through whioh said road may pass."
It is also provided, that "If it shall be
necessary in the looation of any part of any
railroad, to occupy any road, street, alley, or
publie way, or ground of any kind, or any
part thereof, it shall be competent for the mu
nicipal or other corporation or public officer, or
public authorities, owning or having in charge
thereof, and tbe Railroad Company to agree
npon the manner, and upon the terms and con
ditions, upon whioh the same may be used or
occupied; and if taid parties shall be unablo
to agree thereon, and it shall be neoessary in
the judgment of tho direotort of such Railroad
Company to use or oocupy snch road, street or
other publio way or ground, tuoh Company
may appropriate so muoh of the same as may
be neoossary for the purposes of such road, iu
the same manner and upon the same terms at
it provided for the appropriation of the prop
erty of individuals by the tenth seetios of this
aot. Provided, that every Railroad Company
laying down any such traok or tracks, apon
suoh publio street, road, alley, or other publio
ground, shall be reepcusible for injuries done
to private property by suoh location, lying
upon or near to suoh publio ground, which may
be reoovered by oivll aotlon, brought by the
owner or owners, at any time within tro yoars
from the completion of such track or tracks,
before the proper Court."
Under the provisions of the act of May 1852,
"The Ciooinuatt Street-Railroad Company"
bas been formed, and in the certificate tbe ter
mini of the road proposed to be constructed are
Pendleton and Cummlosville, in the County of
Hamilton. In the location and construction of
tbe road from one or these placet to the ether,
it it proposed to oocupy parti of certain streets
in the olty of Cincinnati,
I am asked if it ia competent .for the City
Couuoil of Cincinnati and the Company to
agree upon tho mauuer and upon the tormi
aud couditioni upon which the treelt may
bo used and occupied ; and if no agreement
can be made, whether it it oompctent for tho
directors of th Company to make an appro,
piiation for the purport of the road in the
manner prescribed bv law for the appropria
tion of tho property of individual.
The language of the law very plainlv oon.
template! that a Railroad corporation niay be
formed for tho purposo of constructing a
road, both termini of which aro iu the same
county. If the proposition were to eotixtruct
a road from a oint within tho city of Cin
cinnati to a point ou the western boundary of
Hamilton county, ns iu the case of "The Ciu
oiuiiBti, Harrison nnd Indianapolis Iiailrond
Company," no ouo, probably, would doubt
tho power to form a company for the purpose,
or the power to appropriate, by the proper
proceeding, tho use of tho street of any in
tervening town or villago. Thil appears
quite clearly to be within the language of
the law. Is the plain meaning of the wordg
of tho statute to bo altered or disregtrded,
uratiae ii Happens mat it i a city and a
largo one tho streets of which it is proposed
lo use. It can not be fairlv claimed tlmt nb
a use would be so unjust or inconvenient to
trie city, or its inhabitants, as eloarly not to
have been withiu the Intention of the Legis
lature. So fnr as the test of experience has
been applied, and opinions have been ex
pressed by thoso who have informed them
selves upon tho subject, the consequence
would bo directly the reverse ; and instead of
damage and inconvenience, tisefulnoBi and
convenience would result contributing much
it, i tie growin ana prosperity Of tne citv,
nnd tho comfort of its inhabitants. But "if
a possible inconvenience or even injus
tice in the viuw of sonic were to ensuo, I
do not understand that this would per
mit a departure from the - plain language
of the law. On the contrary the rule of con
struction is, that tha words of a statute when
clear shoald be adhered to, without reference to
any supposed ennsequenoes; and that words
are to be modified or varied only when thoir
import is doubtful or obscure. It hat boon
said, "we assume the functions of legislators
when wo depart from tbe ordinary meaning of
mo n.-uie worus usea, merely beoaase we see
or fancy we see an absurdity, or manifest in--justice
from an adberance to the literal mean
ing." It may possibly ba urged that thit it not an
ordinary railroad, that it is a street-railroad,
and therefore not a kind or description of road
within the soopo or object of the aet. That it
is to be a street-railroad, as distinguished from
any other railroad, which, in its route, passes
through the gtreots of a oily or village, is per
haps only to bo inferred from the name given
in the certificate a name undoubted!? selected
from the importance tbe railroad will acquire
irum aisiug inrouga in street of l inolnneli.
In a legal view, on the faoe of the proceedings,
there is no difference, and tho name ofa thins
ought not to be allowod to condemn it; but tbe
uses ana purposes for wbioh it it intended
must be regarded. Now, th uses and pur
poses, as I understand them, are withiu the
general scope and objects of the aot; and, in
deed, are precisely those whioh the law con
templates, and for whioh it hat in terms pro
vided they are the transportation of pouen
gorsand property. Indeed, it may be taid
tbe law contemplates the ease of railroad! run
ning for short distances in view of the very
matter of transportation of passengers and
property. It provides for the rate to be
charged for suoh transportation, when the dis
tance exceeds thirty miles, and allows, in oase
of a transportation for a lest distance, luoh
reasonable rate ai may be from time to tim
fixed by the Company or prescribed by law.
The railroad propose) being within tbe letter
of the statute; and the uses proposed within its
general scope and objoct, I can not suppose
that any oourt would undertake to determine
that beoaute the length of its route will be less,
and the passage over it more frequent, than
have been usual heretofore in tbe State, the
law does not authorize its construction. Tbe
point of legality will not be made to turn upon
a mere question of degree or discretion, as to
which persons are so apt to differ, but will ba
decided upon a fair ooneuoatian of tbe mean
ing of tbe words in which the Legislature has
expressed its intention. I am, therefure, of
opinion that the City Counoil have authority to
agree with the Company at to the use of the
streets, and that la tbe event of an inability to
agree, tne company nave tbe right to appro
propriate, pursuing the course proscribed by
After the organization of "The Cincinnati
Street-Railroad Company,'' another company
was organized, which also propose! to con
struct a railroad substantially between the
same termini. I am asked whether prior or
ganization win give a prior right to obtain,
either by agreement or appropriation, the use
of tbe streets for the purpose of locating anil
constructing th road.
It is manifest that the Legislature, in the
general incorporation aot of May, 1852, aoteiW
upon tbe principle that no special or peculiar
privileges wero to be oonforred, but that the
machinery of a corporation might be used by
all alike, to aocomplish tbe purposes prescribed:
and first among those purposes was th con
struction of railroads. There is no limit in the
law to th nnmher of railroads whioh may be
constructed between any two termini. It is n
matter left to individual enterprise, and tbe
priviloge of becoming a corporation is one of
the means placed within the reaob of individu
als. By no words of expression does the law
give preference to the corporation which shall
be first organized. .
The last at well as tho first is allowed to con
struct it road, and the same means of obtaining
a right of way is given to both. The result, to
my mind is obvious, that priority of occupa
tion ii the only tost to dcoide as to priority of
right. If the company first organized, fails to
take prompt stops to oocupy, either by agree
ment or appropriation, tbe ground upon whioh
the road is proposed to be constructed, there
will be no right to complain that a company
subsequently organized, has used greater dilll
gence, and pre-occupied the same gronnd.
It is, therefore, my opinion, thatM'The Cin
cinnati Street-Railroad Company," by it prior
organization, has obtained no priority of right
to the ut or occupation of the streets for the
location and oonstruclion of it road. And it
is my advice, If "Tho Cincinnati Street-Rail
road Company" has boen unable to agree with
the City Counoil, and there be any danger of a
coofliot, as to route, with another oompany, that
proceeding's snouia o instituted lor tne appro
priation of suoh parti of tbe itreeti ai the
of the road
W. Y. GHOLSON.
Cincinnati, May 10, 1859.
The Portsmouth Journal, an xcollnt
weekly published at New Hampshire' only
seaport, records the death of Mr. Jacob Brown,
at the age of 02. At sixteen hit father gave
him a yoke of tteere a start In life not uu
usual in that day in the neighborhood of Old
Strawberry Bauk, at Portsmouth wat then
styled. Young Brown told tbe steers for $100.
This turn he put at interest at tbe New Eng
land rate of six per cent, resolving to keep it
distinct from his other property. He adhered
to this determination strictly, and entered upon
manhood a tenant on the farm of another, re
ceiving one-half of the crops for bis labor and
management not touching bit f 100, but re
maining a tenant until he became abto to buy
the farm. At the age of 75 hi f 100 bad be
come $1,000, and at tb tlmeofhii death it
bad reaoktd $6,000. Hit entire property, ao
oumulated during 70 yean of active life,
amount! to about $50,000, whioh, in bit own
language, Is "tbe result of temperate and
frugal but not parsimonious babitt, and look
ing carefully after those little leaks through
whioh property frequently disappears.
Ska Skrpknt. Some of the Gay Head In
dians, who were codflshtngofr Noruiau'i Land,
last week, saw the veritable sea serpent. U
wat beading direotly for th proposed fort on
th point. The Indiana wore very much
frightened, and Instead of ebasing him, be
chased them, so thoy reported. iY BtdforA
Advertisements not exceeding fir tines i.Vnt.)
One lt'K-rtlon....... .. .... jo js
One rniath.. j. r.r.""' ""Y" -' " . u
Larger advertl.ements Inserted at th following'
rates, for sqiiar of tea Una or less , ,
On insertion...... .. v, , , , ,,J ft .y)
Each aililltional Insertion 23
On wetk..... ................. w ., 1 ya '
Two . 3 (t
WATCII & JEWELRY HOUSE
16 West Fourth Street,
Where can be bad every article appertaining to th
Bnsiness at a mncta less price, for OA8II, than
has ever Wore been offered In this market.
GIVE US A CALL, '
And see for yonrlve. ' 9 " i" t a'
BECGS dc SMITH, No. 6 Went 4th St.,
ARE NOW RECEIVING ADDITIONS TO
their large assortment of Watches, Jewelry,
Bilvenrar and illamonde.
, , atao ' ' ' ''
A tin assortment of Plated Tea Beta and Cutlery,
aad Opera Olasaes. U4
' ' 'Manufacturer of ! 1 : ' ' '
SILVER WARE AST) JEWELRY,
' WholMale ftnd KMoli Dealer In '
Watches, Cutlery & Fancy Good,
H. W. CO&NKB MAtX AKD FOTJUTH BTEKETb.
' ' "n';i Cincinnati, OMo. " 111
WATCH! MAKER .
ITS Vine Street, between Vuurtb aud
Watche., French (Hock. Maslcal Boxes,' and Jew
elry repaired and warranted., . , 12i
DRS.DANIELS RADICA L CURE TRUSS,
the only trass known by which Ilernla can ba
treated ou philosophical principle; also, Abdomlnul
Supporters, Khoalder Jtracee, hiispeasors. Elastic and
Laced blockings, ao, J)rs. Daniels make a epwlality
of the treatment qf all Physical Doformltiee, club
Feet, Bow-Lee, Knock-Knees. Weak Ankle, Pa
ralysis tn whatever part, eiplaal Affections, aud all
Office and Institute, No.. S West Fourth street.
Cincinnati. Ohio - ioh
DR. CsW PHILLIPS'
Maio. Cough ' Sy rvi it
18 theonly reliable remedy for tb rarld nd per,
manent cur of Coughs, Colds, Influenza, Ilrouchltis
HooplnR-congh, Orutip, Bore Throat, HleedinK Lmiini
and all iltseaeesof the 4 broat, Lungs and Chest. Tins
remedy Is safe, reliable, aud the only on that ha
proved Itself universal remedv for all the above dis
eases. The testimonials published ar from our most
distinguished citizens her at how, who have been
cured by Its magic power.
Important Testimony. '
From Bon. J. w. Chapman, Judge of First Judicial
Dr. Otto. W. Paiurr, Cincinnati, Ohio: Having
used several small bottlee of your "CouKb Syrup,
personally and In my family, and having seen its ef
fect on others, in nnmerous Instances of severe cold
and coughs, 1 most cheerfully recommend It asan in.
fallible remedy in all snch cast's. If this Syrup were
iu general uue, 1 confidently believe large majority
of the colds, accompanied by coughs, that now termi
nate in Consumption, would lie enVctimtlr arrested.
In fact, I can see no necessity foranj-,wbocuobufc u
this remedy, Iwlug thus afflicted.
Bespectfully yours, J. W. CtiAI'll AN.
Uead TUia, Also.
From Bon. II. Storer, LL, D., Judtfo of th Superior
Court of Cincinnati.
Cinothhati, Dec. 6, lane.
Dr. O. W. PnutiM Dear Sir: Vour Couch Mix.
tiire be been used wim imtwM in I11V fj.n.Mv v
forth' cure of ordinary colds, as well as ot cliromo
alfoctious of the throat and lunara. Manv of my
neignuors, wno nave leu tne gooc enecrs 01 tins niea
lcln, assure me that tbey regard U with great favor.
OR. Q. W. PHILLIPS,
1 Sole Proprietor.
Bold Wholesale by Snlre, Eckstein A Co.; John V
Park; Geo. 11. Dixon; A. Tofel; Allen A (Jo.; Gordon
A bro.: Edw. Scaulan i C.i J. A. O. JUakirt, aad by
Druggist generally. At
New aod Invaluable Rrroedy lor
the Cure of Rapture.
A CERTAIN CURE.
Th undersigned prepare a Plaster out of Berts
Alpine herbe, wblcb he can recomnieud to all sutler
Ing of Knpture. as a remedy which will cure thi
painful disease In th oldest of cases, In a abort time ,
without .pains. Having proved its most wonderful
healing power daring many years' practice Iu S it
serlaud and Germany, be would Invite all ruptured
persons to give it a fair trial. One pot of II, (th price
of which is ISO will effect a cur iu most cases. It i
for sale at A. TAFKL'8 Drug Store, north-east cor.
aer of Bixth and Main street, Cluclunati.
Du. C. ZURCHEB.
OGsrLetters for further Information to be adou.-td
to G. Kurcber, Box 84, Cincinnati, Obio. Ma
Office of Cincinnati Equitable
,4 T the Annual Meeting of the member of
ia this Coiupauy, on the 2nd Inst., tb following
rentlomeo were elected Director for th enaulutf
Urifflu Taylor, John Whetatoae,
X. It. Hprfnger, II. Matlack,
Charles Auureas, D, K. Caily.
Mack E. Keeve, J. W. Canfleld,
Joseph Joues, 8. 8. Smith,
(Jeorge Carlisle, John A. 6impon.
GRIFFIN TAYLOR, President,
JOSEPH K. SMITH, Sec y and Treasurer.
T. T. KECKLKB, Assistant Secretary.
JOSEPU JON'tS, Surveyor.
d. Taylor, Ueorga Carlisle, M. E. Reeve..
cOMMtTTFK o ircorwrs.
R. It. Springer, B. Matlack, Jno. A. Bimpsou.
COMMITTEE ON LOSSES.
John Whetstone, Joseph Jones, Charles Andrass.
Tb Company ha been In successful operation fbr
thirty-three years, and regnlarly Increasing a
ire, auu rvgniariy increasing a it
una ia understood, kv.rv informa
tion will b given by calling at tbeothce. No. el,
moue oi lusorauo is unu.rstoou.
North side of Third etreut. leiwe.n walnut aud
vine. iroyia-iuti june.ru n. roiim, ooc-y
A Certain Care for Rheumatism and
CAN BE FOUND AT' BROWN'S MANU
IT has been iueeefully used for a number
of years. In this city, and baa never been known
tn fall In affecting a prompt cur. Vou who ar af
flicted try It. .
Brown Manufacturing Co.,
Dealers in Patent Mediolnei, Perfumery, io.,
NO. 946 MAIN BTBEKX.
XT All th popular PsUnt Medictne constantly
on hand. . mya-bw
Ii. P. HOPKINS,
(LAIS Or CUVSLAMD,)
IlouseaSign & Ornamental
Shop In Uecbaaio' Exhibition Building, West lid
I of Via, above roarUt. r
OixciNKATi, Hay J, um . , , i mrU-amt
fames lea In ease of
PLAdTEMH. Those Plasters are excellent
n and wvakneee tn th side.
urnae.or dock i ateo, in rueimiaric anectiona.oiins,
asthma, sprains, biaises. and kidney or ej'lntl prior
tlous. The Araica, Ualbannut, Pitch, Pool tlaa'l
tnd Hemlock Planers, ar manufactured of xarioi
Ises.on kid or doth, and Foor M.u'soo paper, bye.
A. OU1FFITU, and supplied to dealer and di nafist
a a feed tarw a any maafturan Uitn C.S.CV1
I ''J-'9U. 5.1,1 t.'.l. ,1 .