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THE WEEKLY HERALD.
R. E. FISK, - - - - Editor. TH(KSDA1',JAS(JA«T 1, 1874. BMEHBEB THE POOH. Tue holidays are generally devotes* to pleas ure, and nearly erery one raises the question some time during their continuance, "how can I best enjoy myself?" There are thou sands of ways in which pleasure is sought ; there are very few in which anticipations are. realized. But there is one that was never known to fail, and which we will bring to the notice of '»nr readers with a guarantee of success in every case of fair trial. There never was a place of this size where there were not some cases of poverty and suffer ing. Seek them out, and in tiic kindest and most unobtrusive way tender some relief. The most meritorious cases will never vol untarily make themselves known—the}' will hide their suffering and wants. Such eases need to be bunted lor and, when found, as sistance must be indirectly and courteously tendered, so ^s not to w ound their self-respect and honest pride. This charity or generosity to those from whom you expect as much iu return, and perhaps expect twice as much as vou give, is nothing but a shrewd attempt at a good trade. Heal generosity only exists when no return is expected. A person can not be selfish w hile practicing such generos ity. To many we believe it would be a uew kind of pleasure, such as they never expe rienced before. They would learn the mean ing of tint passage of scripture, "It is more blessed to give than to receive." To one w ho sets about it in earnest opportunities are plenty, and it is onlv because we Lave pur posely became deaf autl blind that we do not meet them daily. Of course the pleasure is as great on any other day as during the holi days, but now every one is directly seeking pleasure, aud so w e recommend that every one treats himself to an act of genuiue gen erosity and watch the effect on his own heart. ___________ sriftYUVOR-UEHEHAl. "AO inye riot." Capt. T. C. Bailey, Chief Clerk of the Surveyor-General's department of Montana, received, on Tuesday night, a letter from the Commissioner of the General Land Of fice, under date of the 12lh inst., announcing the acceptance of Geu. Blaine'* resignation. Accompanying the communication was an order directing the Captain to take possession ot the Koks and otticial documents and to conduct the routine business of the ofiice ua ,n mi. tfimui, me new appointee, snail nave qualified and reported for duty. Captain Bailey haying *held the position of Chief Clerk for the past four years and discharged his duties faithfully, is worthy of this pro motion, and we take pleasure iu extending our congratulations to the Surreyor-Gtneral ad interim. _ PERSONAL. Hou. J. C. Kerley, editor of the Indepen dent, arrived from Deer Lodge last night, en r>'ui' to the Capital. Mr. Kerlcy has been favorably mentioned by our cotemporarics as a candidate for »Speaker of the House at the approaching session of the Legislature. Kerley has done as much hard work and faithful service for the Democratic party as any man in the Territory, and this, it seeuis to us. ought to entitle him to a front scat. Of course, a Republican cannot be elected, and if a Democrat is to occupy the responsible position of Speaker, we are in favor of J. C. Kerley. He would make an able and impartial presiding officer. .VU» NT A Vi A litUISliATIIKI'k The follow ing is a list of Ihc members of both houses ot the (Legislature of this lerii tor, which eonyenes ou the 5th day of Jan uary, 1872 : . COUNCIL. First Council District, composed of the counties of Beaverhead and Madison L. 1. Yager, O. B. Barber, G. W. Stapleton. Second District—Deer Lodge and Mis soula counties—D. P. Ncwcomber, W. W. Bass, L. L. Mallet. Charles Cooper. Third District—Lewis and Clarke and Jefferson counties— A. H. Beattie, J. C. Stuart, R. E. Arick, J. C. Walker. Fourth District—Gallatin, Meagher, Big Horn and Chateau counties—J. J. Davis and Owen Garrigan. house. Madison County—I. Ö. Stafford, A. Car michael, Samuel Mallory aud Benjamin Ezekiel. Deer Lodge county— J. C. Kerley, J. H. Rodgers, E. D. Ai kin, J. * A. Alger, Isaac Dean. Lewis aud Clarke county— A- Dusold, W. F. Sanders, Geo. Heldt, J. W. Hartwell, W. A. Chessman. Beaverhead county—J. A. Brawn, Chris tian Mead. Missoula county— C. C. O'Keefe, J. M. Kennedy. Choteau aud Dawson counties — J. M. Af noux. Meagher county— C. H. Button, C. Har rington. Jefferson county— O. Curtis, R. C. Emer son, G. W. McCanley. Gallatin aud Big Horn counties—Geo. S. Coleman, C. M. l ate. Hie Council is politically divided as fol lows : Dem. y, Rep. 3, People's 1. The House stauds : Dem. 17, Rep. 7. a OVa JUDICIARY« The Gazette of recent date gives currency to an article from the New York Sun, from some correspondent writing to that paper in October list, and signing himself "Lex." It was an article evidently designed for cir culation outside of Montana, and even with this purpose in view we fail to discover the animus of its author. On the general propo sition that officers to administer any part of our Territorial government ought to be se lected from residents, we are fully committed and never expect to go back on the position. But there is a great deal in the article un timely and flagrantly unjust to the present incumbents of judicial station. We have kuown every oue who has ever held or ex ercised judicial functions in this Territory, and with the exception of one out of six judges who have been among us and departed, we never heard a breath of suspicion uttered against their official integrity. In that single case we are also perfectly satisfied that, al though the party charged might have been imprudent in receiving presents offered iu the name of disinterested friendship, but really with a view to partial consideration iu certain contingencies, there was never any substantial basis to the charges made or the later insinuations of the Sun's correspondent. But the great injustice of the article noticed is that the temporary and unfounded slander against a single individual should be made the pretext of a general insinuation so broad as to apply to all past and present judges of Montana. Greater men and judges no doubt have existed, but when we compare our ju dicial)', supplied to us, as we believe, under a vicious system, with that of other Terri tories, and a large part of the States, we have good reason to congratulate ourselves on more than average good fortune. And if we confine ourselves to present incumbents, without thought of flattery or fear of being accused thereof, but iu simple justice, spon taneously and universally expressed, w'e could say that our bench, as at present con stituted, commands the eutire confidence and respect of the bar and community, and gives as good and general satisfaction as exists iu any State in the country. With reference to the manner of consti tuting our Supreme Court and the way that its decisions are rendered, there is better tes timony than any one's statement in the vol ume of decisions of our Supreme Court, re cently issued. If the issue.were simply could Lord Mansfield or Chancellor Kent have done better, we presume no one would be rash enough to sustain the negative, but if any one w r ould look over these published opinions carefully and f-nmp««» lUcu * '**»*1* emanations of other courts, we do not be lieve he will find evidence to support the gen eral insinuation of veuality, ignorance and incompetency so flippantly turned off by " Lex." There never was a judge so profound in wisdom, » r so unquestioned in integrity, but that practising lawyers have at times, under the smart of temporary defeat, been free to express or insinuate doubts. Even the judgments of the Almighty would be criticised by some under similar circum stances. Perhaps we could have selected as good judges among our own citizens, but when wc consider the multiplicity of chances to have done very much worse, we arc dis posed to rest content, believing, as we do, that if the selection were left to the free choice of the legal voters of Montana to-day, the present incumbents would win the race against all competitors. l.tiTERLSTS Off*THE TERRITORIES. The Washington correspondence, of De cember 10th, of. the New York Herald says: "TLe Territorial delegates held a meeting this morning and organized as a committee to look after the special interests of the Ter ritories. Mr. McCormick, of Arizona, was chosen chairman, and sub-committees were appointed, to whom were referred various bills." The Salt Lake Xeies comments as follows upon this action of the delegates: "The Territories comprise a large and increasingly important portion of the Union, although with only a voiceless representation in the national legislature and cramped and crippled local legislatures. So much the greater ne cessity for the delegates from the Territories acting in concert for the benefit of their con stituencies, separately aud collectively, and it is gratifying to learn that those gentlemen appear to be doing so in Washington." Ex-Con federate General N. B. Forrest lately wrote to General Sherman, tendering his services to the Government ie case of a war with Spain. General Sherman sends the application to the War Department with the indorsement—" I believe he (Forrest) would fight against our national enemies as vehe mently as be did against us, and that is say ; ing enough." This is about os handsome a compliment as a victor can bestow upon a defeated enemy. Tee New York Sun believes that Com mander Lorraine, of the British man-of-war Niobe, who behaved so gallantly lately at Santiago de Cuba, " is the same officer wbo shelled a Central American town a few months ago because some English merchants had been imprisoned. After a few hours* bombardment the merchants were promptly released and indemnity paid." A Pacific slope exchange states that "the length of the Sutro tunnel is 5,241 feet, of which 1,000 arc full size." The remaining 4,241 feet arc probably not more than ten inches each. TELEGRAMS REPORTED SPECIALLY POE THE HERALD BY WEST ERR UNION TELEGRAPH COMPANY. UNITED STATES. Trial aad Acquittal of Ex-May«» Hall« New York, December 24.—The counsel for the defense in the trial of ex-Mayor Hall declined to-day to put in evidence, and then commenced to sura up, saying, that they would ask the court to direct the jury to tic quit tbs defendant. At the conclusion of Houghton's argument for the defense, Tremain commenced for the prosecution, and in the course of his argu ment called the attention of the jury to the fact that the defendant himself when District Attorney procured the conviction of Judge Bogart for au act similar to that for which he is now on trial, and then argued that the word "corruptly" was mere surplusage; that the word "wilfully" meant intentionally, and with whatever was his good faith, and if he intended to do a forbidden act it was doing it wilfully in that position, and the court sus tained him. Tremain spoke for three hours aud concluded by saying, that it the offense was a mere techical one the jury should not find, aud trusted that the court would admin ister a mere technical penalty, lie did not ask the jury to find that any money went into the defendant's pocket, and he ventured to say that there was no proof whatever that it did. If they found a general verdict of guilty the defendant could only be punished for one offense, or they could find him guilty on all or any of the counts or vouchers. Judge Dauieis then commenced his charge to tho jury. He said the defendant was sub stantially charged with wilful neglect of duty, and being a lawyer and a man of cul ture and ability, should be held to strict per formance of the duty imposed upon him by law. If a public officer wilfully neglects to perforin the duty imposed upon him by law, he is guilty of a misdemeanor. The duty imposed upon the Board of Audit was of a pergonal and judicial character, which re quired an investigation. They had no right to delegate that duty to any one else. It was beyond a doubt that personal duty was re quired of the members of the Board. Did the defendant decline to perform that duty ? If he did so designedly and purposely be committed a misdemeanor, for it is not neces sary that there should be any attempt to de fraud, as it is enough if a party designs to perform an act which creates crime. On in spection many of the bills presented would have revealed frauds of a gross character, the Judge instancing one bill from which was omitted the creditor's name. The public had a right to expect an examination of these bills. He instructed the jury that the plea of the defense that the duties were too ardu ous, would not stand as an excuse, for no ofiicer can undertake a duty and wilfully neglect it. If the jury were satisfied that the defendant committed an offense, no matter how painful it might be to defendant's friends, it w as their duty to pronounce him guilty, and unless they had an abiding conviction of his guilt they must find him not guilty. He instructed them to confine themselves to the indictment charging the defendant with wil fully and Intentionally omitting to perform the duties prescribed by law. Judge Daniels also instructed the jury that there was no evidence of a conspiracy between Hall and bis associates and nothing connected him with the fraudulent bills. The jury retired at 6 o'clock, and at 8 they returned, when they were instructed iu an swer to queries from their foreman, that the simple act of neglect of duty if wilful, would warrant a yerdict of guilty, and that the jury were themselves the judges as to whether the act was or was not wilful. The jury agaii^ retired, and at 10£ o'clock returned to the court room and in answer to the usual iu quiry of the Judge, replied that they had found a verdict of "not guilty!" At this announcement the audience broke into a thunder of applause, which the court did not object to, and after a lapse of about ten min utes the court adjourned until Monday. The Granges« Manchester, N. II., 24. — The Masters of the subordinate Granges throughout the State, accompanied by their wives, assembled here this morning and organized a State Grange. A constitution and by-laws were adopted. Resolutions were also adopted against special privileges of asking more for themselves than they are willing to grant for other in dustries; denouncing trickery, bribery and corruption in elections; favoring equal and just taxation; calling upon the State to give to ble is are on An sa of at to in iu in to children a moral and liberal education ; ac knowledging the rights of woman by admit ting her as an equal iu the order; demanding justice and economy in public affairs, and recommending the order aa a bond of union stranger than armies. There were fifteen or twenty Granges represented. Death of a Wealthy Citizen. Baltimore, December 24.—John S. Hop kins, reputed to be the wealthiest citizen of Baltimore, died this morning aged 79. In March last Mr. Hopkins gave property valued at $4,000,000 to found a free hospital for in digent sick, connected with which is a train ing school for nurses. He also set apart 15,000 shares of Baltimore & Ohio Railroad stock, valued at $2,000,000. to found a uni versity on his Clifton estate. Mr. Hopkins was unmarried. 1 IV« w Y«rk hews. New Yobk, December 24.—Fisk & Hatch have resumed. The loan certificates outstanding amount to *3,130,000. Edson Bradley, of the firm of Edson Bradley & Co., Broadway, recently in trouble, has disappeared since Sunday. He had with him at the time of his departure a considera ble amount of money. The suspension of Dolan & Burrell, glove dealers, Pearl street, was announced yester day. Also the millinery goods house of Wm. A. Carpenter. The amount involved is beiieved to be about $300,000. The Cuban agents in this city state that orders have been received that no more rifles are needed by the Cuban forces, as they have captured more than sufficient to arm all they can put at present into the field. The Yirginius prisoners are expected on Friday, and the Cuban residents are making every effort to supply their wants immediately on their arrival. A Her Mil special dated London, 23d, says : An official denial is given to the story of the New York Times that the English govern ment has demanded the punishment of Gen. Burriel. New York, December £5. —The Times j sa vs that Judson Jarvis, a clerk in the Slier- j iff's office, and two deputy sheriffs have been held to trial in the case of the alleged rob- , bery of B. S. Croft, a wealthy Virginian, of three five thousand dollar gold certificates, which he claims were taken from him while drinking w ine with the above named officers. Oue of the missing certificates was stopped at the Sub-Treasury yesterday with the f«rged endorsement of Croft, aud has been traced to one Thomas E. Smith, a saloon keeper, who gave such an unsatisfactory account of how it came into his hands that he was ar rested and held to bail in the sum of $0,000. Smith, it is understood, has made a clean breast of the affair, and interesting develop ments are expected. Christmas was observed here in a quiet manner. The usual services were held in the churches, and the customary services and dinner given to the poor children of the city. The dinner given to some 300 aews boys by Wm. F. Fleiss was one of the fea tures of the day. Advices from the princi pal parts of the East and South state that the day has been generally observed. The Herald's K|y West special says : The United States steamer Pinta was suddenly or dered to sea last night under sealed orders. Her destination is known to be one of the Cuban ports. It is rumored that some new complication has arisen. The limes makes thé following statement in regard to the escape of Genet : After es caping from deputy sheriff Shields, Genet, iu accordance with a preconcerted plan, hastened to a close carriage, in waiting near by, and was driven to the house of a friend in the lower part of the city, where he re mained concealed until Tuesday afternoon. Then skillfully disguised, he was taken in another close carriage to the foot of Canal street and hurried on board of the steamship Ontario, hound to St. Thomas, Acapulco and Aspinwall. The passage had been pre viously engaged for him under an assumed name, and he was received by the officers without question. The Ontario sailed at a late hour on Tuesday and remained in the lower bay until yesterday morning, when she proceeded on her way. The Common Pleas chamber yesterday issued an attach ment against the property of Genet. 1 lie order was issued at the instance of in. Casswell, who holds a small claim against the escaped criminal, the grounds being that Genet was also an absconding creditor. New York, December 26.—In Brooklyn, last night, James Gallagher, while drunk, threw his wife down stairs, and supposing that lie had killed her, shot himself dead. The woman was only slightly injured. The Orange Hotel, at Turner's Station, on the Eric Ilaiiroad burned to-night. The building was four hundred feet long, three stories high, and belonged to the Erie Com pany. The loss has not been ascertained. The road is temporarily blockaded. The London Telegraph of the IStli has a letter from Capt. Surmont, of the steamer Ville du Havre, denying in toto the accusa tions against himself and his sailors of eow r - ardice and neglect of the passengers' safety on the occasion of the disaster, and making counter charges as follows: "Capt. Robert son states, according to you, that the Ville du Havre is alone responsible for the disaster which befell her. When speaking in my report of the respective movements of the two vessels, I had guarded a reserve, which a man of honorable feeling will appreciate. But if, indeed, Capt. Robertson dared to solve so peremptorily in his favor this ques tj on so grave and also obscure—death having snatched away the greatest part of the wit nesses, and especially the principal one, the officer of th* watch at the moment of the collision—I shall repeat, then, without fear of contradiction from any one skilled in such matters, that the captain of the Loch Earn, sailing close-hauled, could, by a single turn of the wheel, have gone to windward, and so prevented the catastrophe, that he could have done so up to tbs very minute of the collision—at the very last moment even—and that be did not do so. I should say, above all, that, according to the testimony of the survivors of the Ville du Havre, the lights of the Loch Earn were, for some reason or other, not visible from my ship, either be cause they were not in their places, or be 1 cause, as frequently happens after a long j j j night, the wicks «f the lamps may have been allowed to burn down." Voilnavtes Intelligence« Washington, December 24.—J. M. Thatcher, Assistant Commissioner of Patents, Hamilton A. Hill and Wm. P. Blake, the three> members of tke permanent commission appointed by the International Patent Con gress, have issued a call for the convention of all persons interested in patent protection, to be held in Washington January 15th, to discuss the subject, aud, if thought desirable, to organize a United States patent association. Chicago, December24.—The Times Wash ington special says: President Grant said he has never intimated that he would with draw the nomination of Williams for the Chief Justiceship, nor does he intend to withdraw it. lie wants a direct vote of the Senate on the nomination, and invites a thorough investigation of the charges against the nominee. Washington, December 20.—As there is no absolute necessity tor heavy appropria tions for the improvement of harbors and rivers and fortifications, under the engi neer's bureau of the War Department, the estimate for such improvements, amounting to $20,000,000, will probably be reduced to $3,000,000. There was no business before the Cabinet to-day, The session was merely informal. , The usual New Year's reception w ill be held by the President on the first of January. Chicago, December 23.—A Washington special savs : It is safe to say that up to the reassembling of the Senate tiie nomination of Williams as Chief Justice will be with drawn. It is ascertained that if a vote were taken ou his continuation in a full Semite there would be a majority of eight against him on the Republican side, without counting the opposition. It is confidently predicted that Caleb Cushing's name will be sent in next. A Washington special to-night says : Judge Durell, of Louisiana, has made a direct pro posal to the authorities here to resign if the President will appoint him to a second-class foreign mission. He is willing to take his chances of being confirmed by the Senate. This means that he would expect to escape an impeachment. His proposition was not accepted. The estimates in the Post Office Depart ment have already been so much reduced that no further extension of the railway postal service can be made during the pres ent fiscal year. Workingmen ot Chicago. Chicago, December 26.—This evening a meeting was held at the City Hall, at which j there were present Mayor Colvin, the Fi nance Committee of the Common Council, the special Committee on Relief appointed by the Council, a special committee ot work ingmen, aud the Executive Committee of the Chicago Relief and Aid Society. 1 lie object of the meeting was to consider the demands made by the workingmen through their lead ers. that the Relief Society should set apart or place iu the hands of the workingmen's Relief Committee a portion of the funds in their hands, for distribution to their suffering fellow laborers. In connection with this de mand grave charges had been made by some of the workingmen, to the effect that the funds of the Relief Society had been misap plied, and that they would be unable if called upon to produce the $600,000, which their iceounts showed should he on hand. 1 he Executive Committee of tlie Relict »Society, whilt declining absolutely to place any part of the funds in their possession into th<»e ot other parties for distribution, sl.owul that the charges ol misapplication ot the lands were unfounded, and ottered to produce the entire amount on a half hour's notice md let it he counted, as the workingmen de manded. The Committee also showed that they were relieving all ea>e.- >. i destitution presented to them, and that the Society was doing most efficient work in providing for the worthy poor. The meeting, though long and productive of much earnest talk, was unmarked by any excitement, and the ma jority of all present signified er.tne satisfac tion with the showing made. The City Attorney has brought suit against the boudsme)i of David A. Gage, the default ing City Treasurer, aud the State Attorney will bring Gage before the grand jury for indictment on a criminal action. Strike of Railroad Uitiploj»-». Cincinnati, December 20.—A strike of engineers on the Pan Handle road com menced here at noon to-day. The strike is against a reduction of ten per cent, in the wages of those employes, from the first of the present month. The report is that all the branches of the Pan Handle ami Penn sylvania Central are affected simultaneously by this strike. Columbus, O., December 26.—The strike of the engineers and firemen on the lines of the Pan Handle route has resulted in a gene ral stoppage of the trains, none having left here since noon. The striking engineers here disclaim any intention to molest outside engineers who may come in to take their places. A master of transportation, who brought a train* in here from Denison, this evening, was struck on the head by a stone just as he was entering the depot, but the engineers deny Unit it was throw n by tue strikers. The yards here are full of trains unable to leave. Pittsburgh, December 26.—The officials of the Pennsylvania Central Railroad am; branches are making every effort to supply the places of their striking engine* rs and