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Daily Ohio statesman. (Columbus, Ohio) 1855-1870, April 11, 1861, Image 2

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ft? v I'-ra op omo
lien, Joseph Jt-Swjia,
(Contained to tweoty-nlna "flilomei tt the Ohio and Ohio
f UT8lt IUjirti.) . - ,-" ,
la Tw orf o. Volume. Price $10 00.
Ho mla esrrjetwltu been spared to ask th work
It has oow in tegltlatlv saogtloii. baring been P
Mradbr nearly the unanlaons Vote of both Uousea,
ini ra wede-red be dietrlbatod te th following Bute
tad OobW ffioew: it r .-.t ' ' '
i A Unrni IliMnl RnnMMlia JndaeS. BeCre
o MntMau tMuuiw and Aunitorof Btato, arid
to the froti Courts. Court of Common Pleae, Boper
L. P.. H n.ta. niiiiia. an the Gierke of the
varloas Court tu each coaatyi to tke Membereof the
BeoaM and Huuss Of Bepreaentatlves of .'his Slate, and
Ka QnvMn.M k flratOS of the UljiOO .
Thla aaok, aoauhtinft, a It doos.alof the Statutes
aow In for, and the eotnorttauve oorjiirost'ou oi mn
. aad of ike New Ooniilto'lro, will he found to be especial
ly aeefol tbe performance oi weir uuirsi, u en
OOatTT'OtWCttS,- "
JUATinat or fHlPlAOl,-
.,CJ.IkK1 Or T0WN8HIEBanA ,.
V. ,cirT omcBB9.
loaiaaon V verv many.ehatureo have been made In Ihe
axatoovti ee th wuMtealion of the lt editl-nt, by re
aJtara'taws eod ddiUone, aad nam Important de
eieleae have bars given of .tb Supreme Court oa oon-
m-artea onlnte all
Will And tniaaa ia-ataabla Wora. . - i
Slee J?oy4 Beo.; 7mim of owr JHruttt Bundrti
la Btroaf law Binding.
Price 10 00
fc CO..
law PaMiebara,. Book id Kn: Simiooen and Inportera.
' W ..a ..... r v -
I'lDdnnetl. O.
atawTTTnaTTT si wiliyk. ynbllsheri
BO, We tTIAHyA-t-iJIKvadUor.
TfCy. tAouU. AiMdMl tn by TKEL IX VCZ.VCX
AM day tt jiitca- r.v3i en ti; t -i
THURSPA.tyfeNIJ'G... APRIL 11, 1861
IT OoV. Mioiiir Yb' opt yet'taded bis com',
pany and.put In. his but;. or thecaoals at $30,
000. Why this delay, Governor? Your word Is
pledged 40 the LegHlattrre.to do this, and you
Should not delay.. The lifgisisture most act,
end yoojbouJd' not tm'awaj your dty, of grace
Wo bop tbeieit Ao,f. Cowpvjs nd BaaTLrrr to
' tho Crisis aOUi on yesterday' -morning,' and the
long eonf erence whlcrryobi' bad with hem, has
not had anf uniroper influencq uponyou.'.Comei
np with ,tbo bid of $30,000; and the canals are
yours, Mr. -Whydsl&yT Rill Roads in Min
nesota ro"rio"thintb)ne "speculation that is in
this horns ',swioJle.',1JHurrv on, Governor. ,, ,
N. B. Since ths above. -was in type, Gidion
VaRDMaRK put In a bid before the Senate, pro
posing to give $35.Q5lTpif "year for the canals,
And $400,000 ecurlty.p jGpv. Medast's Critit
ha don 4WbaVf3i jb tb State; alntey throngh
lU effor'depletertressury will be-sore to be
Hed! a ir m; i-
Independent Republican Journalism.
Th iSw'.brK A Siwaki Republican
paper, wflick freejaeotlv aasavwrates its indepen
dent of p'arCuh trammels, In 'a doubl
leaded editorial artMe d the questionable " Ad
minlstratova Polioy," make tb following very
frnnk atowAl f ,-'''' ':- ,; ;
" Whatevw w may think of the comparative
Wisdom of thi policy, w shall, If it has been
or chall b Adopted by tbe Government, give it
our nearsy snppert." - '
Just cmt em plate tbe ?inf policy, for a mo
mi. 3$ matter what it may think of th com
parativ wfedom of tbs AdmlulstrltiOQ polioy
th Timet go; InioiElV;' aad will give It Its
"Brtjr (Uppcrt." .i . i .'..: ..
After this, demohstratioq'of tbe independence
of leading metropolitan luminary, that prides
Itself upon tbe possession ' of this Admirable
quality, what reflection may be expected from
the satellite of .Republicanism:
Th Democratic party, throughout a.11 It
long history, it origin almost coeval with tbe
establishment of the) Union, And In power there
in ever sines, with only it few short Intervals,
never exhibited such disgraceful time-serving
and obsequiousness to " th powers that, be,"
bv th Republicans within the laat four
weeks and tbe latter, too, At a time when tbs
country is being broken la piece by this Repub
llcan party. . j-.r.;- . ,
tT Got, MiDiir pleads tbe baby '' Act, and
tterly denies writing tbe article on the canal
qasstlon whloh w reproduced in tbe Siafettnaa
Of th 8tk taat-j froAt l.be jS(afemait of March
Slit, 1857..- He ays he- was then, and bad
been for nearly one month previous, coofiued
to hi bedwlih Ibe National Hotel disease Our
memory of the condition of the health of
Gov. Msoiari At tkat time," doe not' exaot-
ly orrspond. with bi own. . H should, to
be tore, know belter , than we do, what
th (tet ? of bis health was, and
whther(Ji4, wrote th artlole or not. Tbs
Stuttmm must indeed have been prostituted lo
base uses," In the spring of 1857,' if Oiinbt
MaatBAU. or Any other man was allowed to
writ for it in lb style of that artlole, and In
tppoaitioa to lb views of Gov. Mtossr. A fine
farewell sapper was tendered Guv. Maoaar by
Col. ScacrLCB, of lb Jtwntl, and others, aod
th affair 4ffi eft at th American not long
Afterward. - ' W wars there, aod cm testify to
tbe feet that, in disposing of the good thingt on
tb table, the Governor was not represented by
BBOthw. ...I., . .. .: . -
Th arUolt oo th canal question which hav
Appeared in tbe oolumns of tbe Stt tetmtn alnoe
ihimiml AilA k U.A I I .i
will never be repudiated. We will stand by
them All the ttm and under ell clreo instances,
ad not turn tbem over to some one else Tbey
hav been dictated by a slnoere desire to stop
Coosunt and stnpfodous lak in. lb weaaury,
. end w ar willing to submit our court on tbis
question to tbe candid Judgment of tbe people
of Oblov ? 'n ! "
Th controversy In wbicb Governor Mtoa-
BT has sought to involve ns, in tbis matter, ha
added nothing to his repot itlod. "A stgaolous
publio will not b slow tods est the objects and
motive b has in view. ,Wben the Legislature
ha noted and tb question is closed up, It msyj
in our Judgment, become necessary to make '
f veluiloa op the subject) and if so, Governo,
awabt may oiamefiimieit ir be be made to
tend in A diffcertt position to th question from
that which, he bow professes to occupy.
ETIt Is reported front Japan that th AmerU
, can Secfetfcrf of Legetlon, Mr. H. Himna,
had been murdered at Teddo, and that the Brit
ish and other Foreign Ministers, with the
ceptlon orprA"IcB,lAd fled- lo TokiS
ham. ''' '' ' ' '
Political Fanaticism.
how r.T.ng.ful acd bHwd-thlrtt.'! f.lUoti
makeimen. Thcra it fM UtU mffereoo 1 I
this regard between religloua bigot tod po-
i..t.i r in ti,.i.n.n aitimatlaaire
uuca TT . ,V TThTfr..
right. And will not concede to other the free!
exerctie, where thej Imagine they ha-o po J
prevent it, of their own opinion end fiewa. l
r na it. niiinft.i nrin i
olpU of CbrlatianiV. which, 1 to Uow. . owere
- .a i
tbe aame freedom in regard to theological Tiewa
and worship which weclAlm for onraewea. - inei
Dolitioal fauaUo alao TioUtcs the first principle
.... . . V . 1
of clrll liberty, in denying tobla fellow-men of
thewme race, language d ,Wnntr, .. him-
aelt. the right to entertain political tiews and
atabliah aoclal Institutions which he Imagine
are wrong aLd unprofiub'.e. Like the religion.
bigot, be fanciea that in persecuting ana maxing
war upon those be deems to be nerencs, ne
is lerTing God and bi country. .. I
;' Tbe spirit ( this cruel, unrelenting, political
fanatlclam is rife lo our oemmonity at the prs
eat time. Men, snd'Tromen even, are beard
clamoring for war-, They cannot tell what is
to be gained by war they owu it will not re
store tbe Cotton States to the Union, or keep
tbe Border States In It, but have tbe opposite
tfleot: yet they are for war!: They say tbej
want tbe rebellions slaveholders whipped that
Is, their property destroyed, their towns and
oltlea burned, and themselves, their wives and
children butchered murdered -and for what?
r. . J J. .nn Knt h.l
ror no euu ur FurF uuU .uu, .
gratification ot a diabolical spirit oi political
pr judice and revenge
Tbe political fanatics say that the Southern
mrm hi hrnusht thsie evlla nnon themselves.
But what brought this curse r of disunion and
Impcndlog civil war upon IBs country t it
was tbe prevalence of that elcntless political
anti-slavery fanaticism, whlcb would doom all
who reluse to worship tbe golden image it sets
up to eternal political perdition, and extermi
nate them from tbeeartb by fire and sword.
A Revelation from Governor Medary.
la a silly and foolish article In the Cri.i. of
thjs morning, in speaking of tbe canal lease
bill before the Legislatnre, Gov. Miosr says:
' But ud to relate. wh o the enrtalo wat lifted, there
ttood heHnri Ihe wmo tome thirty gentlemen, eeleol-
ad from bnthpartla. each one pa ling tt nil own wire,
to Tlni tin neoDlr'a urrtnU to datv and 1o thHr bid
dina. United Statee Senitonhlnf. Ooveroonblpe. Con-
rrenlonal bojIUoihi, Legittatlve leste. and elleorteof
hlfcb honors and risk profits were In store for both mtt,
and at the eonu S'WM, If tb woald only vote ihlt bur -
denoff .hep..'. sbonr. and voietto. ftrtnf -
Here was the oref here waa the rnvhUrv here lay
exposed the wonderfal dlilntereited patriotism of the
bowmen. Both parties were preparing for active hack-
are at elections, while both would hare been sold and the
Ti . a
The members will, we presume, be surprised
at tie information it discloses, and gratified at
me compliment toe uiu ueet nurse paje
them. It Is a fine tribute to the sagacity and
integrity of the members who favor th lease
bill,- and roust cause them to jtdmire tb cad-
dor and fairness of Gov. MkdsbtI It is Strang
that no one els obtained tbe news!
' (Tin his Allocution or Address In ths Consis
tory of March 13 which was printed end dlatri
bated tb th Cardinal tbe same evening, tb
Pope declares that e cannot 'submit to the
usurpation of the States of the Holy See. He
exhorts the Cardinals to prepare to suffer all
tbe calamities which it may please God to allow
them to be afflicted with, and reminds tbem
that the entire espisconacy of tbe Catholic
world rallies round tbe Holy See.
WEDNESDAY, April 10, 1861.
Mr. COX, from the majority of tho select
oommlttee, reported S. B 293 To redistrict
tbe State for Congressional purposes tojrit: '
. . i Tint PUtHcU a . '
Tbis District will consist of Wards 7, 8,10,
11, 12, 14, 15 and 16, in CincinnaU.and the fol
lowing townships In Hamilton county Miami,
Whitewater, Delhi, Storrs, Green, sod that por
tion of Mill Creek township now in tbe Second
District. Population 125,539. Republican ma
jority 1,200.
Stand DMrtct.
Wards 1, 2, 3, 4, 5, 6, 9, 13 and 17, And th
following townships, viz: Anderson, Symmes,
Spencer, Colnmbia, Sycamore, Sorirjefield, Cole-
rain, Crosby, Harrison, and the fwo eastern
precinct, of Mill .Creek township, and Butler
oounty. Population 130,709. Democratic ma
jority, 6.900. -a . J
- intra innrta, jr',-
Montgomery, Preble, Dark and Miami conn'
tie.. Population lju.im. Kspublicao maiorl-
Ity, 1,700.- ' --
, rourta mnna.
Mercer, Van Wert, Paulding; , Defiance, An
glais, Allen, Putnam, Henry. Hardin and fian
cock, roouiauon, jjo.ui. uemocratio ma
jority, 2,700. - ' '
Williams. Fulton. Lucas. Wood. Ottowa.
Sandusky sod Heneca. Population, 133,420,
riepuD.lCin majority, i.bdu.
Sixth Ditirict. '
Warren, Cllntad'. Favetre. Highland and
Clermont. Population, 125,117. Republican
majority, ,auu. ...ri -,, ; ;
Sterna D'ltriet.
Greene, Clark," Madison. Champsign, Logsn
nd Sbelbv.' Population, 125.701. , Republican
majority, a,iw- - r ;i ;
Brown, Adams, 8cloto, P.ke and Ross. Pnn
nlation 123,276. Dmicratio majority. 2,600
Franklin," Plr-knwav. Faiifield and Perrv.
a ., . a.ti nrn w . .
ronuiation ixivaj. . .vemocratio ms oritv.
.300. ' V "
- , ' ' ' Tenth Dittrid.
Delaware, Unl' n Licking', Knox, and Morrow
Poonlatlon 125,610. Republican majority.
,000. v ..- - M : . I .
Altttnth DUMct.
Mtrion. Wtandot. Crawford. Richland.
Huron and Erie. Population. 140.494. Reoub.
lioan majority, 1,900. . .
- TutlU VUtriet.
Lawrence. Gallia, Mfi?w Jukson. Vinton.
Hvklog. Pioulatioo, 120,460.. Republican
majority, 1.1UU r, ;
- ThlrUtntA Dlttrlet . '
Athsns, Waahiostoe. M ran. Noble. Mna.
klrguns. Populatioo 144,920. Renublloan ma
jority, 1.450.
- FovrttenH lltirict. . '
Coshocton, Gusrnv! Tuacarawaa, Carroll,
k. Pjpulution, 140 666. Republican majori
ty, 1.450. . .. ,
Monroe, Belmont, Hrrfnn, Jffferson, Col-
nmbians Population, 140.243. Democraiio ma
jority, 4S0. - , ., . - , ....
SiwUmU DMriet. ,'
Holme, Aatilend, Watoi-, Medina, Loralo.
rnpuauoo, izooo. liepubiloan majority,
Snnttnik ZHtlriet. . i
ion Va'n Ta,tkfoi Summit PopuTatlon,
ueyunnota mjrity, otuu.,
Mahoning, TrnmbuilA.h.abul. Geadga and
Lake. Ponulation. 119 riH D-..,ui; " "
Republican major
Read tbe first time
rosuo; woixs.
Mr. JONES, vom miifortiv of tim ui.t
committee, reporOsd baekr'H. B. 291 To lease
Publio Works, Vrlth Amendments, at follows
1 ' ' .., ." . ",. . : ' '
First It DrovidesXor feaainir " ti ' P,,i.t;.
Works to the blghstNbldder at minimum
price of $20,000 perAnnom, . . f " S , k
Second-lit caseblddor Yall to- antpv Intn
bonds, $20,000 shall be fo'rfeifsd to th State.
....... .x
Third Pr-tforibe cxaoUrhow th cad1b ihftU
-j- 1 of Poblio
Woi ka on bkthe Coairwtorg, ii'd 0D6 by.tb
OoTenior whAahaU report upoif tbe law And
" SuiVrior Courgf ClaolWaa-on
ioh udgffi.ni Vh.H be render,
.yj fot 1
galnat the lea
ieee by indiridua
li tball be serr-
eov o.
itor, andTreasur
execute the lease,
ear ui umiwi m' v iuiui
taitat(, of ,ne B(Mlrd
io Works. "
Ordered to be prints!
- oiktcr
AStV .1 . if '." .
s (elect committee.
reported bimaelf ready
menU aa folbwe:
report at the proper
orized to report tn
with tbe amena-
First The leaae dlreotl
to Medberry &
ayable semi-an-
Co., for 20,100 per adnam
86C'0Ddlt-.Pr0.(dJ for . forVeitu,e of $20,:
Q00 In ease trands ar
not entereM into,
Thirdly Provid
tbe mode lrwblch repairs
snail be made
' ANOTHti raorosmoN
Mr. CUMMINS .resented tbe followins, t'iz
The uudorsiisnediwlll lease of the State of
Ohio the Public Works or tbs State, io aooord
anoe with tbe provisions of Hue bill 291, and
will pay iberelor the sum ot f 'a.uuu per annum
la eetni annual oavments-
. A U UUlNUVE.lt.
Anrill0th.l8CI. THOS. SPAaKOW
Referred to the committee ou Publio Works
mi tT Tt D.i.lmtMi ,a b ! mi n minm
oj Apn) SJJ WM Bdop,eaJeliS 87( mjg a
iu.u.ut......- j- --
I Meeers. Fishor and fern 11
I , claims
Mr. HARSH, from tbe committee on Claims,
I aubmitred a detaileu report upon the claim oi
,ur '
I aMnnnt Al ilia Aanitl iuuirn,Qtsi
mHority oi theoummitte wei adverse to
I tbe claim: the committee says tbe resolutiou for
the payment of tbe claim recogniea the prln-
ciple that uoleea fraud can be proven iu obtain
ing tbe controt,tbe State ought to pay tbe stip
ulated price until tbe contractors were notified
to quit.
A part of the committee beld that as the con
tract was void, all transactions under It were
void, end tbe State is not legally or morally
JZ22 a'ffhS
I. ... . i . i . . : . i
nlshed the State until tbe contracts weredeclar
ed off. should be naid at fair price. This rule
has been observed in this case by the payment
to Doyle of $1,389 65.
A nart of tbe committee was opposed to par
inc HhiIa thn amount he naid Miller, in pur
nhamnir Miller's interest in tbe checks. The
I purchase was a speculation, and Miller knew tbe
1 J;h k tainted witj illeealitv. and the
!!?A?X?ZELl. -
State had nothing to do with the transaction.
Mr. Dn,U took the risks and should abide there
by. The committee also states that Doyle sued
Miller on these checks, and it was, neia tnai as
Doyle had surrendered tbe checks to the-State,
d J rMOvef fr0B Miller out thecourt
Dtd DOt tbe testimony of Miller, that tbe checks
i were taiuiru, uuun
It miebt be claimed, by paying these checks,
an acknowledgment on the part of tbe State, of
binding force of tbe canal contraots, ana an
transactions on and under them, up to April
15th, 1857, and this payment taken as a prece
dent. Pert of the committee Jadmits that the
claimant "may possibly" have an equitable
olaim, but tbey Are not williog to give claim
ants under tb canal contract the advantage
which tb Dasssee of the resolution would give
tbem. Tbe majority of tbe committee report
adversely to tbe passage ot tne resolution, 1 wo
of the committee were opposed to paying the
claim, two were in favor of it, and one wain
favor of paying the original half beld by Mr.
Doyle.-' .-. :r ! :
Mr STANLEY, moved to indefinitely post
pone tbe resolution (H. J. R- No, 100.) Agreed
to. . . .
Those who voted in th affirmative war
Messrs. Brewer. Bonar. Collins, Cox, Eason,
Fbher, Glass, Harsh, Jones, Key, Laskey,
Moore, Morse, Parish, Potts, Ksady, Smith And
Stanley 18.
Those wbo voted fn tbe negative were
Messrs. Breck, Cummins, Cuppy, Foster,
Garfield, Holmes, McCall, Monroe, Newman,
Orr.Psrrlll, Potwln, Echleicb, Sprague and
White-15. . M, , . i
r- . . BIIA MTBODCCID. i .
Mr. SCHLEICH, from tbe Judiciary com
mittee, had leave to Introduce 8. B. No. 294
relating to the powers and duties of the County
Commissioner of Fairfield, Hocking and Perry
counties, constituting tbe first subdivision of
the 7th Judicial District. It authorizes the
Commissioners to pay to tbe Judge of the Court
of Common Pleas of said subdivision, who may
be hereafter elected or appointed, such sum In
addition to tbe present salary as will inorease it
to ta.auu per annum. Hair to be paid by fair
fisld, one-fourth by Hocking, and one-fourth by
ferry counties. - ' '
The House refused to conou'r In tbe Senate's
amendment to H- B. No. 423, ' concerning vil
lage jails and
Mr. GARFIELD moved that the Senate in
sist upon Its amendment, and ask for a commit
tee of Conference.
On House bill No. 153, Messrs. Cummins and
Perrlll were appointed a committee of Confer
enoe. ,
Tbe House Also refused to ooncur In the Sen
Ate Amendment to the Fifteen Reeiment bill
Mr. CUPPY moved to recede from it amend
ment, but it was withdrawn, and.
On motion of Mr 8TAN LEY. the Senate in
sisted, and ssked for a committee of Conference
,t 1'be Senate Agreed to tbe House Amendment
concerning tbe report of the Commissioner of
Statistics. '
...... " ; " i '.. -
r. H. B. No. 480 To abolish tbe office of Su
perintendent of tbe Sute Houae Also read a
second time by title, sad referred to tbe commit
tee on State Buildings. '.
thb nzw rcKiriimair. ''
On motion of Mr MOORE, the bill to locate a
new penitentiary wee taken up, referred to the
committee of the Whole, ana made the order
lor this day.
u motion oi rar. rauutttt, the Senate re
solved itself Into com ' Htee on the Whale, on
the orders of the dsy, Mr. Stanley in tbe chair.
and consiiiewi so bill to locate a new pneiten
. i . n T, T irn .
nary io. a ein, jsv.i ....... , . ,
Mr. rAKiorl moved that the roll be called.
and ,tnt senators Announce their choice of
localities until one shall receive majority
Mr. FERGUSON moved to emend tbe bill by
aun'oriziog toe uovetnor to appotot three com
.. . Mt . .
mission ers, wno snail locate the Penitentiary by
and with the consent of the Senate. Lost. And
Mr' ranch's motion was adopted.
Nominations being in order, tbe following
were maue, Tia:
Massillon, by Mr. Harsb ' ' ' "
H-tmiitoa, by Mr. Moorei '
Akron, by Mr Garfield;
Brhair, by Mr. MoCallj '
Ztnesvllle, by Mr Pot win;
Ccwhoo oo, by Mr Ready j ' ' '
Grtenflald, by Mr. Collins; - ' " ' '"' .
Dayton, by M. Cuppy; 0 ' ' '
Portsmouth, by Mr. Newman;
8andn'k, by Mr Parish; "
C tmbldiie, by Mr. Potti
Fort Sumter, by Mr. Scbleich.
Mr. HARSH advocated the olalms of Massil
lon, Mr. Moure tbuee of Hamilton, and Mr
Garfield those of Akron, when tbe committee
rose, reported, end bad leave to sit again.
Adjourned. v' - ''
WEDNESDAY, April 10, 1861.
' - '. irriBHOon szssios). .: .
The House resumed the consideration of tha
bill to regulate etreet railroads, pending mo
tion to reier to tne judiciary oommlttee.
Pending a call of tbs House,
Mr. MONAHAN offered a resolution Invit
ing, General Carrlngtoo- to lecture in tha Hall
th House, to-morrow evening, on Pensscola
and Charleston harbors, which was laid on tb
. ! . . ...... '
tanie, ou uutiuB ot mr. voris, 10 OISCUS.
Mr. aut-cw on ered a substitute for Mr.
Parrott's amendment to th street railroad bill.
which require tbe company to bny out the stock
tbe Omuijjuse miming, between thsaima Ur.
mini aa tha marl. . "". '
.T . " '. 1 ft j
Mr. HILLS trppnaed this amendment. -,;
Mr. BLADES LEE aaw verv little use In the
bill, and was opposed to the amendment. : J r-
inr. WKiuuT.oi Hamilton, supporsd, th
bill without Amendment. V .. ' '
Tbe amendments offered by Mr. RODGEK3
and by Mr. PARROTT were disagroed to,
when the bill was passed yea 66, nays 25.. ...
d. b. ix io proteot certain Diras sua game,
was read first time. . j . ' 1 1 f rn
, iu sunn joint reeaiBuua ruianvf iu
distribution of tbe report of the Commissioner
rT'k BnK.t.l. f.t- 1- i- 11..
statistics was adopted, alter being amend
ed, on motion of Mr. 8LU33ER, so as to plaoe
theurplus not provided for at tho disposition
of the State Librarian. . 1 ' 1
The House took up the special order for this
hour (3 P. M 1 The Senate's amendments to
H. B. 146 To encourage and secure tbe safe
kseping of tbe public arms, in ths hands of vol
unteer companies. Tbe vote was taken on tbe
amendments, which resulted yeas 46, nays 46
S.B.288-For tbe relief of A. W. Ayres
was read tbe first time.
H- B. 366 Fixing the compensation of coun
ty trsaeurers with the Senate's amendments,
waa referred to tbe Finance committee. ..
The Houe took np tbe Senate's amendments
to H. B. 423 Providing for jails In Tillages. .
Mr. BURR moved that tbe tobleot be referred
to a seJect committee uf three, wbiob, was dis
agreed to. ,
roe vote was then tnkeo on tne amendments,
which reunited teas 43. uare46
l bs Mouse agreed to tbeoeote s amendment
to H 8 406 -Amending tbe Justice's Code
yeas 74 oajsi - '
The House aoeeded to the Senate's request
for a committee ot Conference on H B laJ
To provide for tbe relief of clank toad oompv
nles when Messrs. Woods, Converse' and Cox
were appointed on the committee
S. B 250 Amending the act- regnlating
county commifisiooera was rsad the first time.
H. B 37 To amend the laws relating to the
sale of intoxloatiog liquors was reid the third
time, when
Mr BROWNE, Of Miami, moved that the
bill be referred to the committee on the Jadi
Air. BURR explained the peculiarities and
provisions o) the bill.
Mr. MoCUNE opposed tbe motion to reier
the bill. Both friends aod opponents of Tem
perance asked that something shoulj be done;
and be hoped there would be no furtberdelay in
action npou tbe subject Tne House refused to
refer tb bill -yeas Jo, najsaa
Mr. BROWNE, ot Miami, moved to amend
tbe bill by striking out the section prescribing
that Prosecuting Attorneys shall prosecute of
fences under this bill. '
Mr. BLAKESLEE opposed this amendment,
as it would destroy tbe efficiency of the bill
Mr. BURR further explained that the amend
ment would make the bill altogether useless, as
it bad been found that tbe present law failed
because of tbed fficultyof prosecution.
Mr. FELLOW 3 said be would cheerfully
vote for this bill if he thought it would secure
temperance; but it did not promise such results
to mm.
Mr HERRICK opposed tbis amendment, ss
it would make tbe bill a nullity.
Tbs amendment was disagreed to, when the
vote was taken on the bill, wbicb resulted
Mr. RODGER9 moved to reconsidertha vote
whereby tbe House refused to pas H. B. 340
To regulate fences snd enclosures; whtcb mo
tion was laid on tbe table. .
, H. B. 250 To amend the aot of 1.854, In re
laton to tbe sale' bf Intoxicating liquors, so as
to prevent tbe sale of such liquors on the high
ways, was read a third time, when .
Mr. McCUNE explained tbe bill, that It bad
been .introduced in compliance with numerous
memorials, chiefly from along tbe National
Road, where tbe practice bad become very com
moa, and a serious nuisance. . .' ;' "
Tbe votd was then taken oh tbe bill, and ro-
snlted veas 49, nays 33. , ,.
H.: B. 478 Supplementary to the Akron
school law, ' was read the second time, and re
ferred to Mr, Woods as a select committee.
H. B. 391 Supplementary to sn act to provide
for a system of sewerage In . Cincinnati, was
read a third time.
- Mr. JONAS said that this bill was desired by
the citizens of Cincinnati,' and was approved
by tb Hamilton county delegation.
Mr. SCHIFF explained the object of the bill,
when, .....
ii On motion of Mr. STEDMAN, a verbal
amendment was madeKand tbe bill pasaed-yeas
bl, nays IX -i i . , --. -i
Mr. WOODS, from the Select committee to
whom was referred II, B. 478 To amend the
Akron school law, reported the same back,
when It was set for a third reading to-morrow.
vS. B, 195 To enroll the militia ot the State,
was rfead a third time, when "
t Mr. STEDMAN explained that the bill pro
vided that the Assessors shall make return of
allperssns suitable to bear arms. ''
The bill was then laid on tbe table ' .
Mr. REE3, of Morrow, from tbe committee
on Schools and School Lands, to whom was re.
ferred sundry memorials relating to footbridges,
reported the same back, and asked to be dis
charged from further consideration of the same,
which was agreed to.
Tbe same committee reported back II. B. 434
To repeal seotion 23 of the school law of 1853,
and recommended its indefinite postponement,
which waa agreed to. : 1 '
, Tbs same committee reported back S. B. 24
To amend section 49 of the school law of
1853, wbsn the bill was set for a third reading
to-morrow. ' ' 1
The Judiciary committee reported back H, B '
47 To enable juries to qualif y their verdiete in
capital esses, amended according to instructions,
when the amendment was agreed to, and tbe bill
pot upon its passage. .
The vote was caned, wnicn resulted yes
34, nays 4b.
On motion of Mr. MONAHAN, S. B. 195-
To enroll the militia, waa taken up.
i Mr. CONVERSE moved to strike out the
seventh section of tbe bill, which fixes tbe pay
of Quarter-Master and Adjutant General.' for
cert4io services, wbicb was agreed to; when
Tbe vo'e was taken on tbe bill, wbicb result
ed teas 47, nays io.
Tbe enromittre oo Temperance reported back
H. B 471 To amend tbe act to puoisb certain
Immoral ptactices, when the bill was ordered to
be read the third time to-morrow
Tbe Judiciary committee reported buck S a
209 To regulate tbe sale aod capitalization of
railroads, with certain amendments, which.
Oo motion of Mr. BRfJFF, were voted upon
epara'eiy, ana aaopiea.
. . . j . ...
Mr. DAVIS offered an amendment requiring
tb bankruptcy ot roads to be first made maul-
fes', which was disagreed to:
Mr. SCOTT, of Warren, offered four amend
menu to secure tbe lutertst bf stockholders la
certain cases, which was disagreed to
Mr. BRUFF moved an amendment provldlbg
that stockholders nnder charters pissed under
the old Constitution, should not be beld Individ'
ally liable, which was disscreed to yeas 14
nays 64. " ' ...... r.
Mr. V0RI9 moved that the bill be engrolssd.
wbicn was disagreed to yeas bJ, nays2t.
Tbe bill was then set for a tbiid reading to
morrow, at or Iu. , '
Tbe House then sojourned. ' . ,".
THURSDAY, April 11, 1861.—10 A. M.
' StCONO aiADIMOl '' ''...."
H.B No. 394, by Mr Rogers -To provide
for tbe creation and regulation of market house
Companies. Corporations other tban Munici
pal ' ' ' ;-
H. B No. 444 Supplementary to an aot en
titled an act to provide tor "the organization of
clrle and Incorporated Tillages, paused May 3,
,1859 Whole. '
H B. No 464, by Mr. Jones, bf Hamilton
To protect the interests of turnpikes and plank
roads. Whole : , , 1 1 : .
8 B. No. 292-Sopplementary to "an aot
regiilating marriages," passed January 6, 1824
Tbernles were suspended, and 8 B No 293
was read a second time by. tills, and opoa tbird
reading it passed. Th bill provides that
whenever th parent or guardian of any minor
wno maxe appnoation to tbe probate court for
marriags license, snail not be resident of tb
oounty in whloh such application Is made, Ihe
written certificate of such parent or guardian'
consent to sucu marriage, mentioned In section
even io the aot to which this Is supplementary,
may be proven by tbe written affidavit of one of
the subscribing witnesses thereto; wbloh affida
vit shall contain a full statement of : tbe facts
required to be proven by sard section seven, and
ball be taken end Authenticated In the manner
required by law for (be authentication of deposi
tions ! eivii ease- r f.r,.,i t., -.',.
H.,. SM-tfyppUnjentary to tbs Monicipit
CorporatiOQ act, relating to ci tes of the first
clwis, exceeding 80tdud population. .Read fist
and second times by title, and roierre t to earn-
mitteeon Corporations other than Mttnlolraiy
.'" BzroaTS or standino oommittscs
Mr. KEY, from the committee' ob Slate
Buildings, renorted' btaesdments to II. B. No
460, abolishing the ohWef BoprintiMiot oX-i
tbe btate House, by striking out all alter tne en
acting clause, and? jcsotlliig ft tieW biHrf which
simply Amends the existing law (UP50, by re
duolnc the salary to '$600 per annum. The
committee were of tbe opinion that it would not
economical to abolish tho office of Superin
tendent of the 6tate House. u i t u
Mr. SMITH raised an ohjeotlon that the sal a
can not be constitutionally reduced unless tbe
Superintendent shall first resign..
Mr. Ktji said there is no coneutuiiODM dim
cutty in the way.
Mr. JONES said it appeared to him advisa
ble that the Soncrlntendentof the State House
should be made Superintendent of repairs of oil
State bu dings in coiumous. it would oo
economical to pay him $1,000 per annum
for tbis service. Besides, there ere so many
Important items of repairs about the State
House, that it alone should be under tne special
charge of a practical man like tbe present
superintendent, wno is laminar wun me amies
Ot the position. ! l ' ' i . . 1 ' 1 i
Mr. KEY concdrred entirely with Mr. Jones
but doubted wbetber a competent man ran be
had io discharge all the duties mentioned lor
tbe present salary, $1,2UUV ; . ..; : 'l
Mr. SMITH liked tbe suggestion of the Sen
ator from Delaware, and moved to recommit
tbe bill with instructions to investigate and re
port. :i 1 i "i i
. B.t upon the suggestion of Mr. KEY, the mo
tion wa withdrawn, and the report of tbe com
mlttee was agreed to, and the bill was read a
tbird time and passed yeas M, nays u.
Mr. KEY. from the same committee, recom
mended tbe indefinite postponement of S, B
No 287; To abolish tbe office of Superintendent
of the State House. Agreed to.; 't t
Mr. CUM VI INS, from the committee on
Road, and Highways which had certain petitions
under consideration, repoited by bin rj ii no,
295 To authorize tbe Board ol Directors ot the
Portsmouth and Columbus Turnpike Co. to
change tbe course and terminus of said road in
Portsmouth. . ......
Mr. JONES, from the Finance committee, re
ported S. f. No. 296 Sppplementary to tbe
aot of March 24,'lrj60, to provide for tbe final
payment aod redemption of tbo publio funded
debt, of Ohio. Tbe Fund Commissioners sre
authorized to Isbuo certiorates of tbe funded
d-bt. Id accordance with tbe act of March 24,
1860, of such numbers snd amount as shall be
sufficient from tbe proceeds to redeem so much
of the debt as is due, at tbe pleasure of tbe
State, after Jan 1,1861, and to apply the pro
ceeds to the redemption of the debt-' 'J : 1
Mr. SPRAGUE, from the Enrolling commit
tse, reported the enrolling ot sundry bills
' Mr UK it, from a Select committee, recom
mended concurrence in Judioiary committee
amendments to the bill protecting fisheries in
On motion of Mr. GARFIELD, the bill was
laid on tbe table.
PARISH, from A Seloct committee, re
commended tbe passag of II. B. No. 461 To
encourage the destruction of blackbirds.
.Mr. PARISH Advocated the passage of the
bill as a measure necessary to the interests of
tbe people ot Ottowa county. 1 ho blackbirds
conoentrate in great masses in the thickets In
tbat oounty, and are destructive to tbe crops
The people desire the passage of the bill, and it
is a matter of considerable consequence to tbem.
Mr. rlSULK. said tbe bill is impracticable.
He had no other objection to the measure.
These birds have no local habitation, acd it is
impossible to abate the nuisance complairjed.pf.
He thought the State might as well legislate
that the winds shall not blow over Ottowa coun
ty, as to enact that blackbirds sba'nt fly into it,
.The bill passed yeas 20, nays 6.tt - :
, , Those who voted in the affirmative were
, .Messrs. Breck, Brewer, Bonar, Collins, Cox,
Garfield. Jones, Liskey. McCall, Monroe.
LMoree, Newman, ParUm, jrVrrlU, Pota,'Potwin,
cblelch, Sprague, Stanley And,Wb!te SI).
Those who voted in the negative were
Messrs. Eason, Fisher, Foster, Harsh,
Holmes, Ready and Smith 7, ,
Mr! MORSE offered the following:
' R'lolved, That the Judiciary committee be
instructed to inquire whether, by the act con
ceruing the relation of guardian and ward,
passed April 12ib, 1858, Probate Courts iotbe
sovcral counties of this State are empowered to
Appoint resident guardians to minennot resident
of this State, having property within this State,
end If tbe power does not exist, to inquire into
the propriety of so amending said law as to
provide for it, end report by bill or otherwise
Adopted. '
Mr. KEY, on leave, reported back S. B. 211
"To punish Treason" from the Judiciary
committee, without recommendation,, and it was
referred to Mr. Garfield.
' roBLio works, .
,:Mr. PERRILL presented the proposition of
Gideon Vandemark, to lease the Publio Wor ks
for $35,000 per annum.
: Mr, HOLMES inquired as to the responslbil
Ity of the bidder.
..Mr. SCHLEICH said, substantially, that it
was a "kiting bid," and it was laid on the ta
ble, i ,7r.;n;i y?ovi
; ' ' ' I DOVLI'S CLAIM.
M Mr. EASON moved to reconsider the vote by
Which tbe Senate refused to pay- tbe claim of
Thomas Doyle.
. Mrj HARSH protested against it.
, me mo'ion was laid on tbe table.
Mr. bLHLjbiwU, irom tbe committee on
Municipal Corporations, recommended the das
sage of H.B. No. 309 Being tbe Cincinnati
sewerage dui. set lur tbird reading to-morrow.'
I ..... ,-
On motion of Mr. STANLEY, tbe Senate re
solved itself Into committee of tbe Whole, on
the orders of toe day, Mr. Stanley In tbo chair,
and continued tne consideration or the bill to lo
cate the new penitentiary
' - Mr PARISH advocated the location of the
penitentiary at Sandusky, Id a strong speech,
snowing the advantages uf that site for tbe in
stitution, aod tbe committe rose and reported,
and hart leave to sit again,
'Tbs Senate then took a recess. ' -''
THURSDAY, April 11, 1861.
f.rnyer by'ReV. Mr. Gfttmmer. 1 t-'-s"k
.The following bills were introduced aod read
the tret time:
h: B 481. by Mr. HITCHCOCK-To
amend tbe act relating to guardian and ward
H.B 483, by Mr. BLAKUSLb. hi -Supple
mentary to tbe act to relieve District Court and
give greater tfiloaoy to the, Judiciary-, 'j
Ufl motion oi air. BW,f.n.c3i.i.ri,, toe constitu
tional rule waa supouded, aod the bill read a
second time and rderred to tbe Judiciary com
Tbe following bills were read a second time
and relernd as follows:
' H. B 353 -Concerning discharged convicts
from the Pfiiiiretiary. iu4iciary. v; '.
- H. B 474 To amend an aot ''providing for
recording, priuung and distributing tbe Journals
of tbe Geueral Assembly, and tbe Uws and
publio documents," p tssed April 8, 1856. Mr.
H. B. 475 To amend seotion 543 of tbe aot
entitled-"an act to establish a Code of Civil
Procedure " Ordered to be enrofesed and read
thitd time to morrow.
H. B 476 -To amend the 8th section of an
act entitled "an aot supplementary to the act
entitled an act defiuing tbe jurisdiction and reg
ulating the practice of Probate Courts." Judi
ciary,! .
H B. 477 To amend an act passed February
no i ur.o ......... V .. ..0 . a . c.
Jtot lOfi, eupuicuieutarj iu au a.u w pi u.iue ior i
tborginzation of cities and incorporated villa
ges Munioipal Corporations.
S B 12 -For the protection of ertein birds
aod game. Seleot committee of three Messrs.
Krumf McClung and Woods.
8, B. 250 To amend an act entitled an aot
further t prescribe tbe duties of County Com
missioners, paused April 8,1858, and amefided
February 26, 1857. Set fr , thitd. reading to
morrow. , t- )
8.B. 238-For thevelief of A, W. Ayres A
contractors for convict labar. Penitentiary.
II B No. 471, by Mr. STUBBSTo Amend
first Section of An Actio" aroint, tb At
"entitled an act 0 amend the act . 'entitle an-who
for tbe nreveotlon oi Certain IfnmorAl frao-
r.k.n.n I7,t. lH-ii B.iM
JioeB', pasfOAry tythiaWl.. Said
act i cIdj parsed March 26thl841, was read A
thir i time, whr-n . ' .. . a J
M (i. STUB urf exnlalned the obit -ala and mo-
plBtonsof th bill, that it was toextond the limit
Within which, jiquors should not be sold nesrd
camp mr.cbu)K.eio , irom two myes to lour.
Tbe bill was toen passed yeas bT, nays id. '
H. a. no. 4iB By Mr. Woods Hupplctncn
tkrf to an let entitled "an Aot for tbe: frapport
and better regulation of common schools in th
town of Akron," Dasseu r eoruary tL iH4T-.was
read a third timeU. 1 J I l!i fj f tl
Mr. WOODS explained tbe bill, that it was
to orovlde for teAohinK the Germau-laoguage
AOd.drterature In tne union Deqooi.f i oe jhji
thedpasseda-'yosg 78,-nays' 6 -
d. i). no. o, 4 ey inr. Dvinuntiu-tii
amend aeotioor fort j-nine of An an - act antidsd
an act to proiiue ior toe re-orgaaizauuu, su
pervision, and maintenance of common sobools,
was read a inira; tim.!nen ( u I r, . I
Mr. WRIGHT, of Hamilton, said be desired
to oall the attention of members to the object
of this bill, i It proposes to give tbe Commis
sioner of Schools a Secretary with a salary of
$7UU; so that., be may have some one In bis of
fice to attend to bis correspondence during bis
absence, i on offioiaV visit , to-the. ssverai
jedlcial i distrlote in the State. ' The
law now requires toat be stiallJ spend At
least ten days in each judicial district of tbe
State, superintending and encouraging teachers'
insi Hutts, couierritig witn townsnip boards ol ed
ucation, delivering lectures, Arc ,' so, all ol
wbicb is to be dune, tt is said, witn' tbe view to
subserve the interest of popular education. It
is a oueutton ior tbis House at tbis time to de
termiue whether missionary labors of this, kind
are needed; whether tbe services which' Ibe
commissioner, in tbe nature ol tbe case, can rein
der. are commensurate with their coat,- He
would suggest tbat of necessity the labors of the
Commiesiuuer were given when least needed. He
believed tbe people of Oblo, everywhere, were
uQioieutly srouaed to tbe valne and Importance
of a system of tree education, and mat tney
would sustain It. If they were not, it was not
in tbe power of the School Commissioner to visit
the places wbere his labors would be most needed
The exoense incurred would exceed tone thou.
sand dollars, and he was in favor of lopping off
all unnecessary expenses tecj ,i , ii.wrc
. Mr. BALDWIN moved to amend by striking
out all tbat part ot tbe bill wbicb provwesfor
tbe clerk. - - r - -
Mr. PLANTS opposed tho amendment, end
defended tbe present eystemy under which, the
Commissioner is employed.
' The amendment of Mr. BALDWIN was
agreed to, when the bill failed to pass yea 24
nays 61. '- i' ; :
SB. 232 Relating to Marriage Louses-
was read tbe first time. . v-i
Tbe Hoose acceded to the request of the
Senate for committees of Conference on H. is,
433, and 146 when Messrs. Baldwin, Hughes,
and Thompson, of Summit, were appointed said
oommlttee on II. B. Vii; and Messrs. rarrott.
Monaban and Tanoeybill on II B. 146.
Mr-HlTCHCOCK moved to reconsider tbe
vote whereby the House passed i the resolution
for line die adjournment, and moved to lay that
resolution on the table, on which
Mr. HUGHES demanded the yeas and nays
which were called and resulted yeas 34, nays
51. l.'vli ... .. t'l
The question then turned upon tbe reconsid
eration of the vote, when 1 '
1 Mr. VORIS urged a rsconsideration, because
he thought it impossible to .get through with tho
business in time to adjourn en the 234.. ', ', .
Mr. HITCHCOCK explained that: he made
tbe motion to reconsider at request, though he
was in favor of the resolution. ' i
' Mr.'DEVORE said it was impossible to dis
pose of .the work by tb 23 J; And be could but
regard tbe call for the yeas, and Bays as, for
ouncomoe. . " - . -
- Mr. McCUNE thought the .work eoold be
finished in' time, if we would work as we should.
. Mr. iUGUKiiald he koewtbe businee
could be finished if members, would work as
tbey should ; but tbey cannot waste their time
in sleep and: tbe comfort of city life, .and be
ready to adjourn then. '" If that shoe fits any
gentleman, said h, be may put it on .-y-
Mr.DEVOaE-HdoesutjtJitme. .r 1
Mr. COX moved that the motion be laid upon
the table, which' was agreed to yeas 48, nays
43. I
Tbd committee on Tjemperauce reported back
H. J. K. providing lor a constitutional amend
ment In favor of liquor licenses, and recommen
dedithat it be Indefinitely postponed.1' ' -
Mr. McSCUOOLER defended, the resolution,
insisting tbat a license system would be a true
temperance measure, end demanded by tempe
rance men. '---"
Mr. JONAS' wise sure a system of lioeose
wonld, In , Cincinnati, pi ove 4 real temperance
measure. -..! ' , . ' t
Mr., McCUNE said.be thought it needless to
oner any amendment to the Constitution, as ex
perience showed that none would be adopted
But certainly this Is not a temperanoe measure,
nor demanded By temperance men.
The vote was taken on the resoluti
salted yeas 43, navs 43. ,
i And i
Tbe oommlttee on Finance reported 'back S.
B. 257 Making general appropriations for the
year 1861, when tbe bill was referred 4o the
oommlttee of the Whole, and made, the special
oraer ior to motrow at ii, a. m.
Tbe committee on the Penitentiary reported
back the resolution relative to the Claim of Dr.
Hamilton for medical services for U S. prison
ers, reporting that they could find no money
in me treasury aue to oim. . . i ,
On motion of Mr. CONVERSE, tho roport
was laid an tne taoie. i . t . . -,
mr. JUAiiUWin, irom tbe committee on
Finance, reported back H. B. 452 To provide
for examinations of the TpwnsblpTreasuries
by tbe Township Trustees,' whoa the bill was
passed yeas bJ, nays o. - ,
The House then took A recess.
Supreme Court of Ohio.
TUESDAY, April 9, 1861.
Don. Jotlah Scott, Chief Justice) Hon. Ullton Sutllff .
uon. rrra. v. reca, lion. wm. X.Uholaon.andUon. J,
cob UrlskerhoS, Jddges.' .v. - .;', ,i ,,,
L. J. CRITCHFIELD, Reporter.
"s'""" ""- - v., matie witoout ten aasem
lASt'ixew.fMtojecsiTtO.'jBotesvfith sursty,
No. it I. Amos Kyis tt at. v. Harris Thomoion'a Ad-
mlnlttrstors. Civil action. Bekerved In Morrow oounlv.
BatxKisHorr Jr
Wnere T., a purchaser of land at a sale in narlltlon.
executed a mortgage to secure the purchaee money: and.
after tbe execution of euch mortgaK. but before the Sams
was nieu ior reoora, entered into a contract, in writing,
Ut the sale of the land t W., who at the time of entering
,mv mvu wu,ru, uau ou nouow oi tne mortgage: aot
before anyhing bad been done between I. and W. to.
wards tbe execution of the conlr.pt of tale, the mortgage
1 . That prior io anything being done towards tha ex
ecution of tha contract oraale, the equities of the mort
gagees lu ths unrecorded mortgage were at lest equal to
tuoae of W. and rrom 'he moment the mortge.e waa
filed or record It became a lrgal lien, and oonairuetir
notice of ihe eocu abrance It vreated, as agalnat W.
. Wbere after the Ullog of euch mortgage fur record,
W. preceeda to the execution of 'bia contract o. unr-
cbase, by receiving from I.. a sonviyanoe,. laving oa
setslou of ihe premises, paying a part oi the purchaee
money and giving bla two note,, drawb payuole to I', or
order, toaeoure tltej balaxoe theieef, and T., karlng
without endorMawntidaMTeVed each'OI said aotei tna
different third persenas eollauiral aeoaiitlea, dies UiSolv
eut, ,
Held That In a proceeding against W. to enforce ths
mortgage lien, and all parties in In erest being nefore the
court, V. te entitled to enjoin the oollectiun of so mucb
of the note laat falling due as may be necessary to cover I
tne mortgag' encumorance. .
3. rbat ihe uote Bret falling dne waa cWma fnnU
entttieu io ue urmh pari, ana ii any ractor circumatance
existed wmcn, in equity, would change this prelump.
ttuu, tbe burd'n of proving itich fact or cirsumsuuee
resta on ibe boider of tne note last fatlina' due. '
i Judgment forpialotlff.,aniorderofirJjarjotlonagilaat
detendant, James l'b..mpion. ' -James
Jones at al. v. Clement Brown. Error to Sis?
inotvuunoi oieuiaou uounu.
GaoLaxm J, Hi;'';)
I. a note specifying no time of payment, but provid'
ln lor Inteiesi, at the tale ol 10 per oent. from date lu
tereat to no paid auuuallj, Is, lu legal ellect, ua.aole luv
8, Where, at the il W f tiui' negotiation of a loan,
were w. en unaert. analog mat usurious intermit wu
to be paid annually lu aarauea, i a idtiloa to tbe high
est ie,ai rate, to be exprened lu ths note, aud to oe paid
at the eod of an year dart ig whloh tbe loan CoaUBucd,
,. wsme v ui.uipi.Kii w wbiiuuu iu, iuau irom year to
year, at ihe wt.b ot the borrower, upon the terms elated;
bu , to recurs the loa-i, a note with suretlee waa alven
uu receiri, waicu, uiougu expreesiog tue rate or in
terest, aod that the InUie.t la to ne p.M annually, was
in leial effeot. payaoie Isowdiatelf Ileld.4uat the un-
derstaodlug of itt. part as Waeoontroiled ny th Piimt
of ths note and tbat th alVtng tlTie alterWards, In pur
suance oi tne untwrsiaaaiag, -rut not gtviuti ume un
der an obligatory esnlrtol, n did iiot lutiri(W the
3. MeComb y. Klttrldge, 14 Ohio, 318, cited and explained.-
boTLirv J, dliientaa, and BamJrtr, J. Hobbled.
No. 170. James Woolwoith et al. v. John Brlncker.
Irror to District Court ol riokaway eounty. j gv a
A petition by the surety upon sj
for an In
Junction against lu eollectiou from him, alleged that,
prior to its reuidtloo. It waa ao-rand h.tw.... w ,k.
Hredltor, audQ., the principal, without the auent of the
''a' 00,-.7.'.."''
riod, of eollecting and delivering certain books to W.
was lo receive the same In payment of said Jodg.
"!L!S,fc". IT. WliT bf. su""q"t
six and twelre months, In full tatltfacllon of sail '
adirtuant, gtvlng to a. an nilr month within whloh tt
procure said nolea. Mo books or notes were ever re
ceived under these agreements hj. W. On demurrer 10
tka Htltion. lie Id
Inal uie agreement ior aiay ot ezcontion, not aavmg
been Incur pointed In the J udgment nor entered upon tke
word, did not stop W. Irom laaulng an execution upon
the judgmental any time, nor authorise a court of
equity i to enjoin Its collection from the surety. And
tbat noil her of the Wher agreements set forth la the pe-' '' ' KW
titlon, giving time for collecting and delivering boots,
aad for the procurement ol notes with surety, were sock ; '
would, in j law, discharge the taraty In the Jadi-
lawat. t 1 1. ' .,.' : ' t r '
Judgment reversed, demurer t petition tustslneJ, and
eauie remanded.
Mo. ISO. Kellon Dager v'.'WIIllam Deed.' In error
the Dlttrlot Oouit of Belmont eoubty.
i tvtuni, i . '.,,' i : ' . :
A. and B Sntered Into a written contract, that 'A. ' ,
should subicribe and pay for 10 ihares of stock, and 11. s
.SDOtlld DAV him tha m, valna flinnr. wllh H ri nunt.
.u..,D..u u,, uonxypaia pyB. m tnreeyeart irom ins
v. u Lm luiiaiment. A. subscrlMd and paid lor
tbS StOCk. B. rCCelTfldnnarilolHanil ,ln unl Inl.r.
7 p2!aj th,00mB"' on We Jlnt luetaiment paid by
raun, sua at ine expiration of the tnreo
"rfc0,uonB',rtl''llaoertllloaMofthesck, lib '
a blank power of attorney thereto attached for Its transfer,
vu.im, to iraoaier it to B.. and de
manded payment. V. lefuted to accept and pay for the
stock In an action by A.. atatlng In hie petition said
contract, hit performance, and oilers, and present roidl- .
,. ; .. , ""r'. " """ng juugmeut against
B. forlta par value and interest yerdiot and JuJiruient
torpltlatuT.,, , , .. ' 8 .
1st. That It was not necessary for ti,a ni.uti t. h.
proved an actual Iramfer of lha stock, or an exeoulion
or the power of attorney; that an offer with the ability
tbeie and the to perform was sufficient to entitle him to
recovei .
!ld. That In such a oase time Is net of rha ;r.
the contract ...
3J. That the facts of the caie. belnianchu in h. '.
authoriswl a decree for speciDc performance, Ihe defend
ant notukl, gVD order, or excepting fur tbatcauie, the
" "ucr a traosreroi tne stock to the derend
aut,ouptymentof the judgment for the price of the
stock, dtd not lnralldAie the Judgment,
UUlu.u, uu(U(a(
Hj. 143 (Jeorie It. Gutnn mn m,. m. nn.
Barney, K.rorto the Dlitnct Courtof Krlecounty.
rJcoiT 0. J.
O. St Co.. belay: Indebted to B. In
denceu by four proultsory notes, which were all due, twe
of which were made by ibe firm alone, and the other two
ujr.ua una in. a auroiy, aeiirered to d. a number of
notes and olaluia held by them aaluet other partlee, "for
collection, and when collected to apply on their notes,
The amount of ths claims thus placed In the creditors'
handa wai Insufficient t discharge either the two notes
signed by the aurety, or the two unsecured notes, and the
former were the elder debts. After B. had e illanttd mo, a
than half of the claims, and whilst still proceeding to .
make inrther collection! thereon, he commenced two
teveral salta, on the aame day; oneagainat 0. St Co.. on
the notes executed by them alone, and the other anlnat
them and the eurely upon the other two notes. iSn the
ame day B. dlrectep his attorney to apply the moneva
which had been collected, upon the notes signed by the
firm alone; and promised to send him a statement of the
amount lor that purpose. . o appropriation of the sum
collected was in lactmade. by endorsement of credits on
tho notes, or otherwise, until after the amis were brouahu '
aod B. by bit petitions io eaohoue, demanded I udgment
f r Ihe whole amount of the notee sued upon O. Oo
afterwards requested B. to apply the sumethen collected
and ahich might thereafter be collected from the olalms
aforeaaid towardsthepsyment or tbe notes to which their
surety was a t arty B ,relu el to do to, but said he would
apply all inch collections upon the unaeeured nolee
which he afterwards did. After thli.Q. at (Jo.antaered
In the action to which their surlety was a party, aetting
np the facts, and asking to have the payments applied as
sredits In that suit. The District Court, upon this state
of facts refund to appropriate the paymenis.and render
ed Judgnt ot in that action against ths defendants for the
lull aiuuuut u, iuv uutea iu luit.
Held That In eo rerjderinr luJsrrent. tha nt.i.t,.
Court did not err.
Judgment affirmed. ; "
No. 153. 01iTerOnnsby.Jr.,etal. v. Nicholas Long
worth and wife. Brror to the District Court of Hamil
ton county. .
BanxiiHorr J. Field
I lit. Davenport v. oovll. 6. O. Bt. R. 45l, and Clsy-
ton v. met, iu u. Bt. B. Hi, followed and approved.
lid. In a cue purely equitable, and not cognisable In
a court of law, wbere , In an otherwise proper oase. It is
sought, on the ground ofmlstake, to reform and enforce
an agreement for the conveyance of real estate, and tha
correcting of the mistake involves no.cb.ange of poues
slon, no disturbance of Inveitm-nts made by the party
against whom the correction is sought, and leaves Ihe
enjoyment of the property to go on in bsimony with the
prior acts of the parties in Interest, the lapae of time ap
plied by cour s of equity In analogy to the statute of
Hmmtaltons, will be reckoned only from ths time of the
ditcovery of the mistake.
Judgment affirmed.
No. te. Nicholas Uoihorn and Lorenia Ooshom v.
John B. Purcell. Io error to Superior Court of CIb
sinnatii OuolsonJ.
In lrJSiB, L ., tbe widow ot O., having a fes simple es
tate In land, joined with her husband lu a deed Intend
ing to convey her estate to K. j by mistake her nam was
omitted in tho granting olause of the deed; la 1&7, the
General Assembly passed an aet authorising the courts
to oorrect such a mistake in the deed of a married wo
man, though oconrrlng before the peesage of the act: Held,
that tbe proviso of section 88. Artlole t of tbe Constitu
tion, autboriied euib an enactment. ..
Judgment affirmed- . -
No. 140. Henry Btoddtrw v. Charles . Smith uJ "
In error to the Dlittlct Court of Anglalxe cnuntr.
BoTUrr J. -. -
Land acrip or certificates, for money paid by B., were
leaued under tbe act of Congress of May ii3d. lfcSS tU
3. Blat. vol. 4. 88U.) to A., B. and C, minors, and In
trust for ths dther heirs or 8.; ths cerliflcatet were not
ssilgnable on their face, and were payable In landa: ths
following note wu appended to the certificates: The
endorsement to be executed by" (L.) "guardian of said
heirs.'' The certificates endorsed b A., 6., O., snd t.. '
guardian of said heirs, were used by U and his partners
In the purchase of lands, and tbs title taken by H., one
of tbe pirtners, for their common benefit, the partners
agreeing, respectively, to p., L. their portions of th.
amount of the certificates in mosey. In a proceeding b
ihe unnamed heirs of 8. agalnat li. aod others In Inter- '
est, oharging said lar-ds: Jiill
I 1st. that L. had no authority, as guardian of A., B.
arid 0., to dispose of or transfer ths interest of the other
hairs in Ihe certificates.
Sd. fnat Inasmuch as ths act of Congress required ths
oertlOeatrt lo be issued to the heirs of 6., being issued to
certain of th hejra for IhennelTea and tu othtr beln,
tbe belrs to whom so delivered held the certificates for
the benefit of all the heirs, and had no right to apuropil
ate or dispose of the interest of tha othtr heirs. 1
3d. The interest of the plaintiffs appearing upon the
face of the certificates, h. and his associates took tbe
same with notict, and the title to the landa procure!
therewith became thereby chargeable with the trust.
Judgment affirmed.
John B. Ilymer v. Reubra Bargeant.
Krror to tbe District Court of Clermont county.
Bt ths OotntT
1. A sale, by a constable, of property seized lo execu
tion, pending a trial, under the statute, of the right
thereto before a Juiticeot the Veace, will not oust the
Jurisdiction acquired by such Justice, but he may pro
""S1 '"J11 A""" " " such sale had not been made.
8. Wheie auch trial waa set for the day preceding that
fixed for tbe tale, and the J uitlce, for eauses satisfactory
t him, oootioued the hearing until the succeeding day. '
the cauie may still proc led though, not terminated until
after the sale.
1 13 Tbe proceeding before the Jnttlcels a summary one; -and
not triable by a Jury, but ths party at whose in
stance such Jury was Impanneled cannot complain that
it waa submitted to them. .
4. The Justice In such proceedings hat no authority
to renders Judgment in favor of tbe claimant for th
property; but as such j udgment oould do no posaible In
Jury to the pleiollff in execution on the constable, such
ajudgtnent cannot,bereToracdoa error. , , .
Judgment affirmed. ....
No. 189. Moses A. .Buffet al.
V. Ths Stat of Obis. ,
x.rror to rayette Common Pleas.
judgment atnrmed ,
No. US. Samuel West et al. v. Calvary Morris', '
Tr.stee,etc. Krror to tbe Superior Oonrt of Clnclnl
Judgment affirmed. ' '
H"l"lon v. The State of Ohio.
Brror to Hamilton Common Pleas.
Judgment reversed, and cause remanded. ''
Ne. 170. Joaenh Smith t. Willi. r. 'ri.j" ti. i
tbn for rebearlog overroled. - ,v.
vouri aojourned without day. .,-
i 'i . . OF . , , .....
r-t !. t ' ,,... ' i I ',. t .. . , r.
" AT ;; : v
a. tl.U,'l(,n n4 BBnn' "'b, I hav concluded
to sen out .. . i . i i '
;a l lm y g op d s;
3333rjtO-W OOST.S
J- lbs ttock consists of ths largest lot ot ' : ,
, j in th city of Columbus; : .' ' ' fj
JACOHtTS, .- a '
rt j ...... BSItUAJTM.. t
1 MtfBMiltMRMVaiSf 4a rn
i a -a MVLU, - - '
' ' ' ": --.'' PtAITlg. '
8011'FIKISHCAKBWOff,"'" . .?.,. ,
7 '. . . and all kinds of .'
the best IIUOP SKIRTS Id Oolumbus, and at th
Unoett prte, t V7" O "
' Wtileale and Oetail, ' ' J
Then, ladles, all, bsth trreat and small, com, aire ana . .
oall, and than you'll Bud A. M. K. 8-roaais In all his '
Qlory. i- - A. at. K. 8T0BBIB, Agent, ' -
' Rtmemit tli rrar i d. 04 Town atreet,
aprl J: 43m , L - 7 , ";; ' , Ooiambus, Oblo. !
1 V

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