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The Clarion: Wednesday, January 17, 1883.
HP lp R I O N Tbe Manning-Chalmers Case. BT POWER 4 f( IRKSIMI.K Offloul Journal of the Bute of XiMittippi. ONLYKAR, -SI VI s MONTHS, MX MONTH, -T1IRKE MONTHS, si w 1 00 - SS ISO JfoW M,Ulrr. Till . l l.AKION CWASM K A I i ;H: tit or mow rn.pl when ardOVH '"- f-rrnt uldraM. rr J"r. ! Twelrror toiirr foulw, oiilirwl t one tiiui-, to dirt. 1 adrfrttM. per rrr, :::::: 1 00 (And n extmcopr to -nin x-udlng thr dub of II or more.) The CUMVi nW n'Mor of A jouriuth namAl l lr, will I vnl one rrsr for th MM utalrd: NEW OHI-EASS TlMKH-PKMi II AT, : : I 2 SO IXM'IHVILLK (XjURlEB-JOURXAL, : 3"' NEW YORK HKRALD, : N KW YORK SI N, :::::::: ! AMERICAN AGRICULTURIST, : : : : 2 SO HAKI'KICS MONTHLY ::::::: W ntitl'I IE's WKEKLY. 4 TO II AlirEH S I1A7. R, ! 0 IIARI'ER S YOI Nil I'K.OIM.K. i 3 TO YK KSRI HU WEEKLY IIEItAI.P, : 2 SO The I'ticn Monitor, Mr. George L. Crosby, editor, is a handsome paper, full of news, and deserves smrc-', which wo trunt awaits it. The gentlemen Indicted in the IVdentl Court nt Oxford, Mian., for Improper conduct iit the last f OBgieiloinl elflftlon liad their cases t for triid on this dny, the 17th. The. P.ro ikh.'ivcn Free I the death Mr. .1. G. Map -valued citizen of Lincoln the falling of timber of an iii which storm. 'res record-. , an old ami county, by ill. I building had taken refuge from I The public ban been surprised by a Utciuent iu the Meridian Sun that the appropriation of $60,000 will not Itear more than one-fourththe expense necessa ry to the completion of the East Missis sippi Insane Asylum, and that the build ing will necessarily hare to remain in an unfinished condition until the Legisla ture can make the necessary appropri atkm. In other words, that the founda tions hare been laid for a building that will est $240,000, instead of $60,000 as the Legislature intended ; and the infer ence i left to be drawn that the build ing cannot be used until the appropria tion is made and the work upon the plan on which it has been commenced, ii completed. This proceeding of the commissioners is so extraordinary that it is eliciting the criticism of the press. The subject was maturely considered by the Legislature; and after deliberation the sum stated was appropriated. To disregard it action, was to assume a very grave re sKmsibility which will necessarily engage the .attention of the Legisla ture when it assembles. One of the diate effects of disregarding the The Civil Service Bill. the early completion of the institution, the use of which is needed in conse quence of the overcrowded condition of the A- at Jackson. On another page we have published extracts from the spee Ii of S-imtor Wil liams oil the Civil .N-rvicc bill. His blunt, matter-of-fact, straight-forward way of dealing with it without senti mentality, or gUhh, w ill strike the reader. We regret tT see a statement in the Liberty Herald that Mr. E. A. MeDow- ell. who for the past two years baa been a practicing lawyer at that bar, has left for Texas in search of another honu Mr. McDowell was the efficient reading clerk of our House of Ueiireselitati ves at the last session. We regret tosee announced iu the 'nr thoginian the death of Mr. Thomas ,f. Cooper, an old and esteemed citizen of Leake Donrttr. in the 72nd fear of his njre. n native of Tennessee, but for near ly fifty years a resident of Mississippi Me w:is the lather ol Mate rvmtlor Cooper of the Leake and Attala listriet. The opinion of .lodge Wharton in the Chalmers-Manning case was delivered orally in the presence of a large and atten tive audience. The opinion of laymen and lawyers is that it Was u profound and searching presentation of the law, and that its cone'" ' m were In style and i i i liner, it and the regrc written. We line of it in a unanswerable, was excellent, 'cneral that it was not given merely an out er column. We part with our esteemed neighbor Dr. Hunter and 1'ivf. Jayne, of the Comet, with regret. Our relations with them have been the most agreeable. If their newspaper venture was not pecuni arily profitable, they have the consola tion of knowing that they have acipiit ted themselves faithfully and well, and have des'Tved success. Or. Hunter is a thorough physician, as W4i as a power ful Writer, and under suitable conditions will succeed in cither field. l'rof. .Inytie, for the present, will serve the public as real estate agi nt with the ultimate niin of embarking in the profession of law to which his learning and analytical mind so well adapt him. Valedictory. Will the editors of The Clarion' al low to the editors of Tut C.iMi.r space enough to bid adieu to their friends and the public generally as they retire front that pa)er and indeed from journalism '.' For the future of the Comet we cannot apeak, it la the property of Mrs. M. V. Cooper, wo having failed to discharge our indebtedness toiler, and is for sale. All advertising debt will be collected by Hunter ; .layne, subscriptions by Jayne and Cooper. All debts due by the ate firm will be scrupulously discharged by them at the earliest moment possible. To give the cause of our retirement were useless. There is much ultout the profession of journalism that we love, and hence we do not retire from ii without much of regret. From the members of the fraternity, with whom our relations have been very pleasant indeed, we re luctantly part We regard the press as a power for doing good second to no other. We are glad to notice its tone becoming in the main more elevated as well as more useful, and we shall always be glad to hear of its continued success and improvement. To our patrons and freinds wo extend our thanks. The pre has our best wishes, and we do not imagine that it or the public will mi (for from our retirement. Thanking you for courtesies, we are, Very truly and respectfully, Hunter & Jayne. Yesterday the Circuit Curt (Judge Wharton) passed upon the question of law arising upon the demurrers of the secretary of Htate to the petition and supplemental petitk) lied by James R. Chalmera and sustained the view urged by tfeaJ counsel for Chalmers. The Judge delivering the opinion, which was very able and maturely considered, held that the Court had jurisdiction of the case, and the authority to issue the prohibi tory order requiring the Secretary to pause in his count or to add to the votes given for Chalmers the 1472 votes, which he afterwards in violation of the order, counted for J. K. Chambless, or show cause to the contrary. Proceeding to the discussion of the question arising ujsn the certified state ment and the "tally sheet" accompany ing KM same, Judge Wharton held that the supposed "tally sheet" was an unofficial document and should have lam disregarded by the Secretary of State; or that if he had doubts as to which of the paper- manifested the conclusion reached by the Commissioners of Elec tion of Tate county, it was bJadoty U, f T i.,,, i ,,, . . intention of the legislature is to deleat return mini 10 me oiiiiiusiioucrs lor verification. The Court further adjudg ed that the subsequent action of the Oommlaainnet Immediately after know ledge of the discrepancy iu giving a certified, tabular statement showing that the votes cast nt the several precincts of their county were for Chalmers and not Cbambtoaa, as they had at first determined, thus correcting the mis prision of a clerk, was perfectly Com petent, nnd praiseworthy, and that the Secretary of State should there upon have recalled his certificate wmed in favor of Manning and given another iu lieu thereof and according to the facts in favor of Chalmers. Judge Wharton illustrated his views on this point by reference to the case of Cootie and Hurst when opposing candi dates for the position of Judge of the High Court of Errors and Appeal made vacant by the death of Chief Justice Smith. In that case the certificate had been issued by the Secretary of State to Ooode, but the returns from Amite and Pike, before delayed by floods, was trans mitted to the Secretary of State and reached bis hands after the lapse of "thirty days" immediately following the election. Hut the Secretary of State and ( Jovernor, on the advice of the At torney General, promptly recalled the certificate and commission issued in favor of and to (Sonde, and ptve the cer tificate and commission to Hurst, w ho, counting the statements from Amite and Pike, had received the majority of the votes cant. In the course of his opinion the Judge said that under the law, the Gov ernor has no discretion but to issue the commission to the person detdared to have been elected by the Secretary ci" State. Commenting on the case ofOglesby v. Sigman, relied upon by the Secretary to sustain his action, Judge Wharton said it was not applicable to the Chalmers- Manning controversy. It was not here attempted to reconvene the county com missioners, ami com pel a recanvasa ol the votes so as to make them reach a lirlerent conclusion, i)or was it intended to afreet them iu any way. The Tate com missioner of their own tree will execut ed a duplicate paper that truly and be yond doubt manifested the c inclusion really reached by them in the exercise of their functions, as canvassing officers in the first instance. The commissioners were not functus (rffcfo, being in office a! the time under tho statutes of the State, and authorized to conduct all special elections occurring during their term; and they had the right, iu the faithful discharge of their Important datie, to correct the misprision that occurred in this case. Any other view would frus trate the will of the people as expressed at the Kills. The Oglesby-Sigman decis ion, viewed in its relation to the facts in volve 1. was right and bad the support of all the judges and lawvera so far as he knew; but it was not predicated upon the same state of facts existing in the case under consideration. Judge Wharton stated that, while the respondent was technically in contempt. he had no doubt his action was based upon his convictions of duty, and thut he had intended no contempt of the Court or its proceas. The question of jurisdiction having been decided, it is to be hoped that the trial of the cause will now proceed with out delay upon it- merits, in order that it may be judicially determined who is entitled to the certificate. Wt have quoted statements from the Oxford papers contradicting the report that the grand and petit juries of the Federal Court, in session at Oxford, had been cmpanncllcd so as to contain parti san majorities for the indictment and conviction of persona accused of violat ing the federal election laws. In reply to the denial of the Oxford press, the Holly Springs Suith says: The Oxford Bag! itisisU that the Federal Court BWod ant! petty juries at that place are notnuule up to SeeompnSB partisan enui, but composed of Democrats, Uepuhlicans ami Qrnbcksr. If the Republican: claim and obtain the volid negro vote, we should like to know bW it is that a grand jurv uncle np of fifteen negroet and three white men can he so divided. Three white men can make but on democrat, one Re publican and one greenbiieker, with the fif teen Republicans added. We are a little aaaaiad to see how our Oxford contempora ry can make the division so as to indicate at least two of every party. As to the petty urors, if tuey are all made up 93 the same mnd (no matter how honestly intend ed), the siime presumptions Item to follow. If the Democrats escape strviecby (hotting cause of discharge because they have fami lies and business, how does that alter the matter as to the result '-hen the negroes are all willing to serve at two dollars a day and are accepted. From this statement, coupled with other representations, we infer that thf juries as originally drawn, did not con tain a majority of persons opposed to the Democratic party, but that the court in a spirit of accommodation excused Iroin service l 'emocrats woo mm oecn empanneled and who asked to be relict ed, thus leaving the juries in the contri of the opposition. It tins he true, it suggests that while censure is visitet upon the court, Democrata who leave their friends to the tender mercies of ju rii's that ha vo partisan cuds to accom plish, are not free from blame. A. & M. College. A note from (Sen Lee, dated lOtl inst., says: " We are in a very flourish tug condition, some tortv new students having recently entered the Colle We have two hundred students in the A meeting of the Democratic editor of Indiana was held at Idianapolis, at which a letter was read from Oov. Hendricks, expressing in unqualified terms his dis approval of the Pendleton civil service bill, which he reviewed at some length and characterized as an indignity and an insult to the majority of the people, and a Republican scheme to exclude Democrats from the usual control of public affair-. Ex-Senator McDonald, who has re cently been mentioned as an available candidate for the Presidency, entered his protest against the perpetuity in of fice clause, a proposition in his judg nient anti-democratic in its broadest sen-e, and in direct opposition to the re publican principle underlying the gov eminent. He said it was a custom bor rowed from (treat Britain and in time would lead to the creation of an army of superannuated office-holders for whose support the people would have to pay in every sense. Hon. B. W. Hanna de nounced it as a step backward in the old federalist doctrine of Hamilton and in opposition to the theories of Jackson and Jefferson, monarchical in tendency The dispatch reports that the forego ing expressions voiced the opinion of all the prominent Democratic member of the legislature, and that the feeling against the Pendleton bill is intense. The Washington correspondent of the Times-Democrat telegraph the follow- ing in reference to the matter: Washington. The views of Gov. Hen dricks anil ex Senator .McDonald, of Indi ana, expressed at Indianapolis last Thurs day, on the Pendleton civil service bill were printed here to-day and caused a great deal of comment among Congressmen. Their views condemn ihe bill. Democrats who voted for the bill are beginning to won der whether or not thev did not make a mistake. There appears to be a verv gen era approval of the views of Hendricks ami McDonald. Pendleton s party associ ates do not appear to he over anxious to commend him on the success of his bill. Mr. r olger, secretary of the treasury, M quoted as saving the bill is a sham. In his opinion, men fit for the duties required of them in the civil service, can never be se lected by competitive examinations. Men who arc up in grammar do not make the best clerks in the departments. Folger says the folly of the competitive examina tions was shown iu the New York Custom House. The Internal Tax. I tlormitorv, To iu .'nuance about A "Fa it mi; us I'mox in the advancement of been formed in Yazoo. is President and (i. W. Parker, Secretary. ' for co-operation Agriculture, has (Jen. B.S. Hicks mono the measures before the Kan Baa Legislature are five contemplating restrictions on railroads. "Tim ers of reconstruction in 8outh Car olina i ended, si though the legislation by which political success can he assured muy bc regarded as temporary iu character anil needing constant patching." Charleston Mews and Courier. This is the experience of all the other reconstructed States. By n vote of r9 to SI the Tennessee Legislature has instructed the Senators nnd requested the Kcprosentatives from that State to vote for a "tariff for revenue only." Title North Carolina House of Repre sentative adopted resolutions to-day in structing the State Congressmen to vote for Federal aid to State educational pur poses. Tho Georgia Legislature had passed similar resolution, and Senator George has presented to the Scmttan memorial of the faculty of the Mk is sippi University in favor of the same object. CoMMK.NTiNt; on the great tribulation in certain quarter over the piling Up of "useless" silver dollars in the United States Treasury vaults, the American Sentry observe there i not a word of Complaint against the piling up of use less gold coin in the Treasury, and adds that nt the rate at which gold has been piled up there during the last thirty days, it will require less than two months to accumulate a far greater sum in gold than of silver, lying uselessly in the Treasury. Also thnt the people prefer either gold or silver certificates to gold coin, provided the coin is in the Treasury for their redemption. Tho people will, and do, take all they can get of them, absolutely regardless of the "intrinsic" or any other value of the metal in which they are redeemable. Utica, on the N. and J. Railroad, has shipped 3,000 bales of cotton the present season. A good beginning. Civil Service Reform With a Ven- gence. A correspondent of the Times-Democrat at Madison, says: It. I.. Bennett, our efficient and popular postmaster, has lust been removed in cen sequi neo of his having advocated the elec tion of Major Barksdale to Congress in this district. Mrs, Mctiaughey succeeds him. As Mr. Bennett is all that the corres pondent describes; in a word, a compe tent officer of unpeachible integrity, and withal a christian gentleman, universal sally esteemed by his neighbors, we infer that he was removed solely for the partisan reasons assigned. Here we have a striking eAniincntary upon the pro fessions and practice of the Arthur Ad ministration. In bis late message, its head urged Congress to pass a civil service reform bill, and stated that "it mattered little to the people at large what, compe tent perflon is at the head of this depart ment or of that bureau, if they feel assured that the removal of one and the accession of another will not involve the retirement of honest and faithful subor dinates whose duties are purely adminis trative, and have legitimate connection with the triumph of any political princi ples of the success of any political party or faction." Directly in the face of this declaration, and of the passage of a bill through Congress, the effect of which is to secure to the partisan subordinates of the Administration in the Executive departments life tenures of office, a:i official of unquestioned integrity and acceptability to the community he is serving, is removed for exercising his right of judgment in selecting a Repre sentative in Congress. In saying this much it is proper to add further, that we do not disparage the qualifications and merits of the estima ble lady who has been appointed to suc ceed Mr. Bennett. The bill reported to the Senate to re duce the internal revenue tax, has a fa tal defect It does not abolish the in ternal revenue department with its ex travagant machinery and operatives consisting of collectors, detectives, in formers, gangers and gouge rs, and cost ing in the aggregate nearly six mil lions of dollars. If it should be found necessary in dealing with the tariff, to permit any part of the internal tax to remain, at all events its costly machine ry ought to be abolished and the laws for its collection simplified. In a Nut-Shell. Here is the whole unjust system of taxation in a nut-shell, as put by a con temporary. Cut it out and paste it in your hat where your brains ought to be. There are in the United States about 10.000.000 families. Our annual taxa-1 tion for federal purposes is about $400, 000,000. Each head of a family pays therefore an average tax of $40. Under the existing revenue system the working classes are more heavily taxed than the wealthy, for the highest duties are im posed on the coarser goods used by the poor. The House election committee adopt ed a resolution! in the case of Messrs. Manning and Buchanan, declaring no election in the Second Mississippi dis trict for the 47th Congress. The term will expire within a month, and the ma jority have acquiesced in Mr. Manning's occupancy of the seat,and the salary which he has of right drawn during the whole Congress, thereby tacitly admitting his legal claim to it. The game of the major ity seems to be to scat Mr. Buchanan, at the close of the session to enable him to draw full salary which has already been drawn by the rightful occupant. It is sharp practice, and a fraud on the treas ury. . . Gov. Butler in his message to the Legislature gives the existing order of staid, old Massachusetts, a genuine shak ing up. The boasted educational sys tem of that State, is far behind that or many other Estates in tact, she is the nineteenth State of the thirty-eight in respect of illiteracy, while there are only two States which expend more money per capita for education. Gov. Bulter finds that of $5,156,000 which the State expend for education, $4,402,225 goes for salaries of teachers. He finds that the pay of the male teachers of the highest grades and of the fancy branches is disproportionately large. A special ( lass of pupils is taught music, drawing, physiology, physics, botany, zoology, geology, astronomy, chemistry, psychol ogy. Greek, Latin, French, and Ger man, while the spelling book is banish ed. "Gur school money," he says, "is diverted extravagantly from the many to whom it does belong to the few to whom it docs not belong." onnceU0 Ja Ifrr, on, of Monticello a We have received n, of Monticello, of the relief fnnd reci-j U I. i . " I ""' i miuugu nim, on cyclone disaster iB An was the Wor. Master rj Lodge. No. 79, Deputy GaJ the 10th district 3 ana 0 of the suffering TL B. iue sends us is mi., i i , . ucu 7 prob men t to tl sons, besides an amount re-Duiiding of Lode amount received by Dr i f 1,004. w, of which the of the State contributed n vrranu JUOUgervnightsof and the balance from This statement is outside ol . il,.D,i:.(n ... - w. iKiici vuuiuiittee. Thpt,.! Monti I'.'l l mat, . . ,,run,pt and the good people theredul J ail mat was aone for them. American Sbippj A bill ostensibly to remi on the American marine courage ine American forei j ... . -o- irauu, passeu ine lower branch gross on tne tzth. It was 6m , so as to provide for the admisio tree, ot toreigu built iron i than fifteen hundred tons, not to oe used m the coasting also for the admission of shin materials free of duty; but tkl rallied under the lead of the noted monopolist, and defa tree ship and free material cli with these provisions, the sul 111. whl.l tl r tj ......... government WO gate itself to pay one-third the i the ship to the American build went down, l his is well. The are tired and sick of being taxed up monopolies. On theclausej to American registry ships built t free of duty, the vote was yeas lj 104. Ihe names of the Missis rentatives who were present and j are recorded as follows: Yeas, 1 Manning, Muldrow, Singleton; Messrs. Lynch, Money. As theh stands, the House seems to haven in a circuit and has reached tit from which it started out. - Seventh Congressional Bit Columbus, ()., January 9. The 8 Court overruled the motion of Ja Campbell for a writ of nmndamm tl trie vote in the Seventh Congressioi tnct tor H. Sj. Ittorcy, and Henry I for different persons, so that Mon the certiticate. (The facts of this case are that! received a majority of 3,500 to some of the ballots were printed! Morey, others H. L. Morey, name being Henry L. Morey. 1 absurd ground the petition wmi for bv the defeated candidate,! Court properly held that it was ii cient to invalidate the election.) The House Judiciary Committee has decided to table Mr. Knott's resolution, which provided for the forfeiture of the Northern Pacific land grants. It is thought this action kills the measure for the preeenl session. Gov. Wallace and other Democrats elected in Connecticut have been in stalled, the legislature declaring the "black'' ballots in effect, white, because they represented the will of the people, which the legislature did not think OUghl to be annulled by a technicality. The annual report of the Railroad Commission of Alabama for the last year, shows that the Commission has greatly benefitted the people of Alabama in reducing rates of transportation, and regulating railroads in other respects and that it is a wise institution and ought to be continued. The roads themselves have ptoapamd. The Montgomery Ad vertiser says that several new line are in progre and that the present vear will show up at least two hundred mile of new road in our aister State. 1 1. S. Footf. (the present incumbent) of Madison; 0. 8. North, of Hinds; H. C. Conn, and H. B. Mays, jr., of Copiah; W. H. Luse and W. I). Gibbs, of Yazoo, are all candidates for District Attorney, of this, (the 9th) District. A splendid array of leal talent from which the voters will have the opportunity to select. The Presidential succession bill enact ing that in caae of death of the Presi dent and Vice-President, the office of President shall be filled by members of the Cabinet in the order named, has passed the Senate- Mr. Lamar voted for, and Mr. George, against the bill. ever. R. V. Banks, of 'Lowndes, and Mr. H. 0. Dixon, of Hinds, both practical and experienced farmers, and men of reflection and success in their calling, and good writers, are having an able discussion of the agricultural lien law, in the State Grange organ, the Patron of Husbandry. When doctors disagree, who is to decide? Mr. M. T. Polk, the defaulting treas urer of Tennessee, has been imprisoned in Nashville, and indicted by the grand jury for embezzlement. He is a victim of the speculating mania and of mis placed confidence. Mb. N. C. Hill with the view of de voting his time to the practice of his profession (the law) has tlisposcd of the Jaaper Bevfow to Dr. E. W. Lyon, to whom we extend The Olaiuon's bet wishes. Thk Railroad Commissioner of Illi nois In Jtheir last report have asked the Legislature for authority to compel railroad companies to erect new station houses at nny points on their lines where present structures are deemed inade quate. The questions of the Presidential suc cession and of the method of counting the electoral votes, are pending in Con gress, and, though imjiortant, are not naeiy to be settled at the present ion. Thk Missiwippi river, when finally opened, becomes a great factor in rtwu- rates. It is stated that Gea. Grant has a letter, in which he request thi Senate bill in the House, a pension, shall not be pushed if any marked opposition to it. opposition is decidely marked, nl that it will not be "pushed." The Civil Service. Columhus Dispatch. The measure is a poor one, faulty il of its features, and is not calcuhttnl 1 reform in the Civil Service. We confidence in it whatever, and pre di it will be found a failure before ith on trial a year, that is if it should law. Only the clerks at the lower? subordinates in the service re for, or designated as required to answer certain specified qualification! being amenable to certain penalties ill of delinquency. Thisis simply trying an evil by striking, not at its Cause M effects. If this bill is the best a "em Congress can do in the way of reform. ' afraid the country ha but littl 1 from the Democratic party whenitl power, as it will, ifjit acts wisely course of a few years. mm Virv.tiiinn Tnn 11. A neero i lil...f Ton.. ul,,.l unit killed ft whlttS at Midway Station, on the Vicksbui Mpri.liun i"ii!r,..i.l laat lliL'ilt. " 1 the white man threw a bar of 'iw ncffro for remonstrating with " 1 tempting to rob his house. (Other accounts represent thij slayer was a youth and aW men tell no tales, and hi statefl or may not be true.) The leading organ of the Ohio ocracy, the Cincinnati nounces the uassacre of bill unrlor i Iia fnllnwinir sizninc11"! lines: After Twentv Year of WndfjiH wa.i wi, lint Wit" 1 of the Promi.ed Land. PemoerWJ Themselves Barred Out by lord r Thev Must Look for Their Be""1, the i: vi. Pitiful Krnuses of tM gem in the National Keformstorr, Will Not Wash with the r,xco Democracy. The Ghrmngd Reviving (jollimhllB Diannfrh.l The Granim seem to be cent. I anH armttiorn MissisSlPl' taken a new life and through it irlon ik.i ; fll v.kiL'i- its-' everv nurt. nf t.lin Hinte in ft a101