OCR Interpretation


The Canton mail. [volume] (Canton, Miss.) 18??-1882, February 12, 1876, SUPPLEMENT, Image 7

Image and text provided by Mississippi Department of Archives and History

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85034299/1876-02-12/ed-1/seq-7/

What is OCR?


Thumbnail for

S T
CagntgnJMlk
The Cotton Weighers' bill the Semite
Insisted upon its amendments. Conference
Committee Messrs. Catching and Morgan
A large number ol House bills were leud
and referred.
SENATE BILLS.
Mr. Reynolds called up tlie motion to re
consider the vote by which the bill to pro
hibit trafficking i" corn and cotton at night
failed to pass, and the vote v:is reeonsid
ereJ, and the bill went over lor engross
ment. By Mr. Chalmers: To extend the privi
leges 01 the Senate tn Gen. Wade Hampton.
The bill to create Deer Creek county was
taken up. Mr. Foote moved to make it the
special order for Thursday, 34th, at 11
o clock ; carried. -
To alter the practice in courts of law on
suits ob tromlstcrv notes, etc. Mr. McCas-
kill moved to make It the special order for
Thursday, 34th inst., at 12 o'clock ; carried.
To prohibit certain officers from purchas
ing stationerv. etc.. at the expense of the
State was intfetinitelv postponed.
The Senate insisted upon its disagreement
to the Houso amendments to the Senate Sal
ary Bill Conference Committee Messrs
Terry and Taylor. -
The Senate concurred in the House
amendment to the bill re-establishing
stock laws in certain sections .of Lowndes
couuty.
INTRODUCTION OK BILLS.
By Mr. Gritlin : To re-incorporate Nat'
chez ; referred.
By Mr. Kverett : To repeal the law re
pealing section 2SSS, code of 1871, in rela
tion to magistrates fees : referred.
Several other Senate bills were read by
title ami were placed on toe calendar. Ad
journed.
HOUSE FOKTV-SECOND DAY.
Tcksdav, February 22,' 1876.
Air. Speaker Street in the chair. Prayer
by Kev. Mr. Galloway, present, W; ab
sent. 22.
Leaves of absence were fronted Messrs
Shrock. Miller, Causey and Chiles, (col).
By Mr. Yellowtey : To extend the privi
leges of the House to Hon. C. H. Campbell,
of Attala, and lion. L. O. Bridewell, at Co
piah. Adopted.
By Mr. -Vaiden : That the thanks or the
House be tendered to the citizens of Vicka
burg, for their generous invitatio.i to visit
that city on February 22-1 the declination
of the invitation being based upon a sense
of duty we owe to the public Adopted.
Mr. Garrett moved to extend the privi
leges of the house to Hon. V. F. Hyer, ol
Marshall couuty. Adopted.
THB VETO.
The Governor's message vetoing the bill
to amend the act lunding the debt of Boli
var county was read. Mr. Percy moved to
postpone action upon the bill; carried.
HOUSE BILLS.
To give an adequate remedy in certain
cases of trespass, with Senate amendments.
Mr. Jarnigan moved that the amendments
be not concurred ia ; carried. .
II. J, R.. in relation. Jo the Southern Pa
cific Railroad. Mr. Gibson uttered an
amendment. Mr. Yellowley moved to tn
ble; lost. Mr. Turiey moved to postpone the
resolutions and amendments subject to call ;
carried.
LAW BT LIMITATION.
The Secretary of State informed the
House that House bill to amend an act to
establish the fees of certain officers has be
come a law without the approval of the
Governor, under article 4, section 24, of the
Constitution.
By Mr. Hall: A memorial of citizens of
Panola, asking that the county be divided
Into two Judicial Districts; referred. -
THB AMES INVESTIGATING COMMITTER RE
PORT. Mr. Feathers ton, chairman, asked leave
to make the report of the committee ap
pointed to investigate the official conduct
of A. Ames, Governor of Mississippi;
granted.
Mr. Featherefon moved that the House go
into secret session to consider the report
and read the testimony ; carried. Yeas 73,
nays 17, absent 17.
.. SBCKBT SESSION.
The House spent the whole of the morn-
tag session reading the report and the .tes
timony, and took a recess until 3 :30 o'clock,
when the reading was resumed. At 5
O'clock p. not having completed the
reading, the House adjourned.
SEX ATE FORTY -THIRD DAY.
Wednesday, February 23, 1876.
Mr. President Stone in the chair ; absent
five.
Leaves of absence were granted to Messrs.
Reynolds, Fewell, Carter, FitzGerald and
Chalmers, after Saturday.
MARDIGRAS.
By Mr. Smith : Resolved by the Senate.
That when the Senate adjourn on Saturday
next, it will adjourn to meet on Thursday
the 2d day of March, 1876.
Yeas Messrs. Barry, Carter,- -Fewell,
FitzGerald. Graham, Griffin, Mendenhall,
Metts, Oldham, Pratt, Reynolds, Shirley,
Sims, Smith, Stone and Thornton Id.
Nays Messrs. Albright, Callicott, Chal
mers, Everett, Foote, Johnston, McCaskill,
McNeil, Morgan, Stewart, Taylor, Terry,
Thompson and Tuttle 14.
Absent and not Voting Messrs. Allen,
Catchings' Furlong, Gray, Hooker, McClure
and White 7.
REPORTS OF COMMITTEES.
Mr. Taylor, ebairman, reported II B. to
amend section 525, code of 1871; H7B. in re
lation to Supervisors bonds ; S. B. in rela
tion to costs of records and appeals to the
Supreme Court, with amendments, and re
commended that they do pass; also S. B. in
regard to publication for non-resident de
fendants ; H. B. to amend section 2464, in rer
gard to debts created for liquors; H. B. to
change the name of Josie E. Brown, to
Josie E. McClananan, and recommended
that they do not pass.
Mr. Metts, chairman, reported 8.' B. for
the relief ot Mrs. Ann J. Saunders, and re
commended that it do pass.
Mr. Chalmers, chairman, reported S. B.
to incorporate Deer Creek Slack Water
Navigation Company, with amendments;
H. B. to reduce the corporate limits of Ma
con ; recommending that they do pass.
Mr. Pratt, for the. committee, reported
the presentation to the Governor of a num
ber of bills. . . r.
: SENATE BILLS.
To prohibit : tho sale of cotton and
corn at night was. taken up. Mr. Sims
moved to refer It to a select committee of
three. Mr, McCaskill moved to table; lost;
and the bill was referred. Committee
Messrs. Sims, Morgan aud Griffin.
For the relief of Mrs. Ann J. Saunders,
of Tunica county, passed.
Relating to coats for records for the Su
preme Court; the committee's amendment
was adopted, and the bill passed.
To amend the charter of Aberdeen,passed.
To establish) an agricultural district in
fractional township 12, range 19 east, Kemp
er county, passed. -.
To incorporate Forest Park, in Jackson,
was considered at length, and recommitted.
laws by approval.
The Governor informed the Senate that be
has approved the following Senate bills:
For the relief of Mary Jane Horn, of Lin-
coin county ; lor the relief ol Mrs. A. F.
MoDaniel. ot Winston county ; to auit-i d
the charter ol Natchez.
Br. Mr. Everett : To extend the p ivi,-f:es
ot the Senate to lion. H. J. Thomas, of
Yazoo; adopted.
- p HOUSE bills.
The following bills were passed : To
amend section 525, Code of 1871 ; to repeal
the charter of Granville, Washington conn1
ty; to repeal tlx; anti-liquor law oi I.odi.
Montgomery County.
The hill to amend Section 2101, Code of
171, in relation to debts for liquor, at.tl
amend flic charter ot the Home
insurance
Company, were lost.
The bill in relation to Board of Super
visors was referred to Mr. -Reynolds.
INTRODUCTION OF BILLS.
By Mr. Thompson : To require new re
cognizance in certain cases ; referred.
- By Mr. Taylor : In relation to the inspec
tion of public records.
Bvlir. Pratt: Relating to the property
of religions societies.
" j .. ,v HOUSE BILLS. '
To reduce the corporate limits of Oxford
passed- -
To amend the charter of Columbus
passed,
To repeal the anti-liquor laws of Starke-
villi passed; yeas, 16. nays. 10
EXECUTIVE SESSION.
During the session the Senate spent some
time lu executive session. -f
CONFIRMATIONS. -
? The Senate has confirmed the following:.
" TRUSTEE FOR DEAF AND ll(Mft INSTITUTE
it. .t. r raii oi iiauhaon.
Trustees for Alcorn University
Thos. II. Hart, ol Jeflerson ; Jno. A. McNeil,
of Pontotoc; J. 1. Carter, of Perry, and M
Howi-rd. of Jefferson.
Adjourned.
HOUSE FORTY-THIRD DAY,
Wednesday, February 23, 1876,
Mr. Speaker Street in the chair. Prayer
by Rev. Mr. Hunter. ' Present 99, absent 17.
Leaves of absence were granted to Messrs,
CampbeM and Warren.
INTRODUCTION OF BILLS.
All referred, except when otherwise noticed-
j W-
Bv Mr. Dabnev : To iMVd section 1810,
code of 1871, in relation to the sale of lands
for partition ; also to fix the tune ot meet
ing of the Legislature in 1877: also to in
corporate the F d wards manufacturing com
pany.
By Mr. Crosland ? For the relief of T. P.
Shaw.
By Mr. Bird of Lawrence : To prevent Il
legal traffic in aptton at night; also to reg
ulate liens between landlords and tenants.
Bv Mr. McCormick : To-change the time
of holding courts in the several districts.
Bv Mr. Rogers: To remove the civu dis
abilities of K. K. Patton,of Lafayette coun
ty.
By Mr. Hudson : For the relief of county
Superintendents ol Education.
By Mr. Guy ton : -To amend the exemption
law.
By Mr. Denson : To amend the road laws.
Bv Mr. Meluiiis: To Incorporate the Pas-
cagoula Wtsarf Company
Bv Mr. Hall : To amend section U9a, Code
of 1871. in relation to Chancery Courts.
Isy Mr. Vanlen : To amend tne charter or
Vaidell ; pased.
Bv Mr. Vaiden: For the protection ol
parental authority over children. Mr.
Javne moved to refer. Mr. Baker moved to
table; carried. Mr. Jarniaii g rooved t-
table the bill ; lost. Mr., lellowley inoveil
to suspend the rules so as to allow the bill
to be read the third time; lost. Mr. Den
son ottered an amendment. Mr. rtogers
moved to table ; carried. Mr. Dabney of
fered an amendment. Mr. Powell moved
to table; carrier!. Mr. Jarnigan moved to
refer. Mr. Vaiden moved to table ; carried ;
the bill lies over.
Bv Mr. Tison : To provide for the pay
ment of the outstanding school indebted
ness of Lee county ; referred.
The following conference committee was
anuointed on the Cotton Weighers bill :
Messrs, Turiey, Rogers and Dear.
The following conference committee was
appointed on the Senate salary bill : Messrs.
Aid rich, Reynolds and McLaurin, of Smith.
LAW BY APPROVAL.
The Governor informed the House that he
has approved the following House bill : to
appropriate money for the benefit of the
Normal aciiooi at tiony springs.
M r. lisrm moved to go into ,
SECRET SKSUOJI
to complete the reading Of the testimony
taken by the Ames investigating commit
tee; earned.
Mr. Parsons at l'i o'clock moved to take
a recess to 3 o'clock; carried. During
the evening session the reading was finish
ed, the injunction of secrecy as to the re
port ot the committee ana tne minority re
port was removed, and the House at 5
o'clock adjourned.
report.
The following is the report of the Ames'
Investigating Committee as submitted by
Mr. Featherston, chairman, en Tuesday:
Legislative Department.)
1 Jackson, Mississippl
February 221, 1876.)
Mr. Speaker: The undersigned, a
special Committee appointed uuder a
resolution ot this House, adopted on
the 6th day of January last, to investigate
the official conduct of his Excellency, Adel
bert Ames, Governor of the State of Mis
sissippi, and to report the result of such in
vestigation back to this House, peg leave to
submit the following report:
For ttiirtv-eight.davs vour committee has
been diligently and industriously engaged
in the discharge of the duties devolved upon
it by the adoption of the resolution afore
said. It has sat from three to five hours ev
ery day, aud has examined fifty-five wit
nesses; thirty-six or whom aca classifi
ed as Republicans, and nineteen as Demo
crats. At the beginning of the investiga
tion. your Committee directed the Republi
can member thereof to inform his Excellen
cy, Governor Ames, of the points on which
witnesses were Deing examined, from a ay
to day, touching his official conduct, and to
request him to send in to the Committee the
names of such witnesses as he might
desire to have summoned and examined in
vindication of his official acts, your Com
mittee states, with pleasure that this re
quest has been complied with, and quite a
nuincer oi witnesses nas oeen summoned
and examined at the instance of his Excel
lency, the Governor, and In fact, all whose
presence before, and examination by your
Committee was requested by him, have
been summoned and examined fully, with
the exception of one whose illness after he
was summoned, prevented his attendance.
The testimony taken has not been ex parte,
ana with a view of developing but one side
of the case, but your Committee has, in
fairness and justice, endeavored to reach a
conclusion fully justified by the proofs on
Dotn aides, and, impartial as Between the
people of the State and his Excellency the
Governor. Your Committee has considered
it a question of too much importance to ad
mit of a hasty or superficial examination.
And in pursuing this inquiry, its members
have endeavored to dlyet themselves of all
partisan feeling and political and personal
Dreiudice. ami to keep steadily in view the
one great object to be attained by this in
vestigation, that is, to asvertaiu whether the
official conduct of Governor Ames has fur.
nished the people of the State with grounds
which would justify and demand nis im
peachment. How far vour Committee has
succeeded in excluding from their delibera
tions all improper influences, and in basing
their report, upon the impregnable founda
n
ii-e
and to the mi hitrum-nr ot n npirfial
in!.
Ire. he -. nsi.-i, i at ' .-. .
Committee ha not Ih n ah', or -:e- ;
sired, but has been force-1 on theiu l ;
convictions of duty, and gl idly would they j
have arrived at a different eoi c'n-ion. f t '
the honorof the Stale and its chief cxvcn- j
tive officer, if the testimony in the case had j
justified theiu in doing so.
Your Committee, th-rei'me. Mihmit that i
Adelbert Ames. Governor of the State oft
Misi.-.-ip,ii, should he impeu-h-'d and i:-- '
moved from oilie.- !'.r hi- oilic ai mi-em -
.i..,.,
n tl.e following install e-:
1.
n refusing t execute the laws by fail
ing to remove W. M. Conner, Sheriff" of
Noxubee county, from olliee in Atifjusr,
1S75, at which time he was reported to him
as a defaulter, holding twenty two thousand
dollars (22,0OO) of public money, aud re
fusing to pay over the same to the county of
Noxubee.
2 lu refusing to execte the laws in the
case of M. L. Holland, State Treasurer, who
was reported to him by the Attorney -General
of the State in the summer of 1875, to
be in office and in charge of the State Treas
ury withont having given bond and secu
rity, as the law requires.
3. In calling for United States troops in
JahStary, 1875, and causing A. J. Flanagan, :
.-m i in i iaiirui.iullLJ'llu urvji-'cinj 1 1 win
his office by said troops, and another man
installed iu his stead, in violation of tiie
Constitution and laws of the State.
4. In permitting H. Cassidy, .lr.. Chan
cellor ol the District, and" J. B. Deason.
District Attorney ol the District, to
exchange offices, in 'violation of the Con
stitution and laws ot the State.
5. In permitting the convicts in the
penitentiary, by contracts approved by
liim, to be leased out to his partisan Iriends.
Messrs. French & Jobes. in IS75. without
pay or compensation, when the same con
victs were leased to other parlies within a
very short time, by French & Jobes for a
large sum of money.
. In the removal of w. B. Peyton,
Chancellor of the llitn District.
7. In the removal of V. A. Dreimau,
Chancellor of the 12th District.
8. In the removal of Thompson Chris
tiari, Chancellor ot the 4th District.
9- In the appointment ot C. Culleng, L,
C. Abbott, J. D. Barton and Win. Breck.
Chancellors of their resiiective Districts.
10. In his abuse of power and violation
of law in directing Peter Crosby's return lo
Vicksburg in December, 1874. and in sus
taining said Crosoy in his efforts tn take
posession of the office of Sheriff of Warren
county by force ol arms, whereby a.oosalict
between the races was brought on, and
much blood was shed and many lives were
lost.
11. For his official acts in arming the
militia of Hinds county in September aud
October, 1873, I u time of peace, and especi
ally for detailing Charles Caldwell's com
pany coin posed ol colored men, to escort
arms to Edwards Depot, said company be
ing officered in part by, and the rank and
file composed ol, colored men known to have
participated in the Clinton riot, and causing
them, armed and defiant, to parade rite
streets of Cliut:i, jroing to and return
ing from 1M1 wards uepoi, with the aeiiut-r-
ate intent to create a disturhance and
plunge the country in a war of races w ith
all its attendant hrror.
In support ot the foregoing Secifieattous.
your Committee is ot the opinion that the
prool will show that the .lu- icial Depart
ment oi the State Government has not only
been tampered with by his I xc llency , but
that lie has sought to naralvz . lo dwarl, lo
emasculate and to render it entirely sub
servient to his will.
That bis Excellency has failed and
refused to execute the laws by non
action in some instances, and by the
removal of officers in others, whenever
his personal or partisan interests would be
promoted tnereuy. mar. ne is respnnsioie
lor the conflict between the races at Vicks
burg iu December, 1874, aud lor the loss of
human life which then and there occurred,
and that he would have been responsible
for a greater loss of life in Hinds county
in the fall of 1875, but for the timely inter
ference of prudent and discreet persons to
prevent the same.
v itnout attempting to any lyse, to classify,
to con-tense, or to recite any ot the testi
mony in this report, your Committee here
with submit it to the House for its candid.
conscientious aud impartial judgment, in
obedience to the terms of the resolution un
der which your Committee was appointed.
lour committee recommend the adoption
of the resolution herewith submitted.
Respectfully submitted.
W. S. FEATHERSTON, Chm'n.
W. F. Tucker,
W. A. Percy,
U. L. Muldrow.
Parsons submitted a miuoriay re
Mr.
port.
The vote bas not yet oeen taken.
RESOLUTION.
The Committee also reported the follow
ing resolution :
Hetolved, That Adelbert Ames. Governor
Of the State ot Mississippi, be impeached
for high crimes and misdemeanors in office.
HAKKETSBV TELEfiRAPH
MoBtetaary.
New York, Feb. 23. Money offered at 4.
Gold 1414. Sterling easier; Govt's
dull and steady; new 5's 18?419. States
quiet and nominal.
New Orleans, Feb. 23. Gold 14. Sight
t premium. Sterling, bank, 5 5034.
New York, Feb. 23. Stocks antive and
lower. Money 3. Gold 148. Exchange:
long 4 iJt; short $4 90j. Gov'ts active
and steaddy. State bonds quiet and steady.
except Louisiana's which are lower.
London, Feb. 23. Street rate 3J, which
is H below bank. -
Paris, Feb. 23. Rentes CGf75c.
CottOB.
New Orleans, Feb. 23. Cotton, demand
ood. Sales 7,750 bales. Desirable kinds
firm; other descriptions irregular; quota
tions unchanged.
New York, Feb. 23. Cotton dull.
Liverpool, February 23 Noon. Cotton
steadier: middling uplands 6Jd ; middling
Orleans ii !M6d. Sales 12,000 bales. Specu
lation and export 2,000 bales, lieceipts 22,-.
uou oaies. j
New York, Feb. 23. Cotton dull. Sales
727 bales. Uplands 1234'c ; Orleans 12 15- 1G.
Futures opened easier; March 12 19-32(3
21-32c; April 12 29-32c; May 13 5-32(93-16c;
June 13?B7-16c.
Groceries. i
New Orleans. Feb. 23. Sugar, demand
good; common 55(86 Jac ; fair to fully fair
0Ji7c; prime 7ic; 'strictly prime to
choice Tfimy' Moiusses: goou grades in
demand ; others neglected ; fermenting fair.
3538c; prime 3840c; .strictly prime 43
45c; reboiled fair 43c; prime 45c; choice
oOc. lour quiet; su peril ne 4 00; xX
$4 25; XXX $4 506 -00; choice and family
$6 507 75. Corn meal dull and lower;
Corn active and firmer; 540c. Oats
quiet; 444Gc. Bran lower; 75c. Hay
quiet; strictly prime to choice wa. Pork
easier; ?20 00(S)20 50. Dry salt meats, good
demand ; 9 1 1 tc 14"-c Bacon dull ; quoted
at 10(ai314(S14,.Jc. Hams: choice sugar
cured scarce anil In demand ; 4lc. Kice
quiet; common to cnoice ixuisiana 4l-..t
t)3,c. Coffee, good demand: ordinary fo
prime 15418c. l.a.tl, good demand ; 12;?4
(ffinc tv uibKy uuii ; rectmeu si U'J(cf 1J.
New ork, Feb. 23. Flour dull and un
changed. Wiieat quiet and steady. Corn
steady. Pork firm; 9l 00.
tion ot truth, as furnished bv 'he tesc:m
thev submit to the judgment ol this II
INTELLIGENCE.
couet of Mississippi.
Cases Decided Tuesday, iFeb. 16.
1 '-4 i
Will leer.
RBll
Otlirr. n. Joinrr,
Oiiiiium of the Court, iv Takbell, J.
This was a hill tiled Jiiiim 1st. 1875, to en
loree a li"ii on real esia'.e. Summons issuvd
on s.iine dai , returnable to the lirst day of the
next term, the 7th day of June. Process was
executed on the day of its issuance. There
was a pto-eon decree on the 10th of June,
followed immediately without reference to
a master. Ifekt: i . -
1. The statute (M005. Code Of 1871,) re
quires the originhl process iu. Chancery, to
he refurnaole to the next rule uay in vaca
tion, on the first day of the term, to he held
ten days after its issuance. Where the pro
cess is issued wltliie tea days of the term, ic
should be returnable to tliff next rule day iiri
vacation.' & 4k if jo I
II. There should uavecttia reference to
a master to emnpiftiitftd state the amount
due tbs complainant. lievered ami remaml-
'- C. W
lloin, v. W.
Irtee
Oi'iidon of tie gouri bjf SimbIll, J.
Thl Vivas a sV.lt for trQ:h of contract.
There as atrial and verdict for the
plaintiff in error, -whictfteras et- aide on
uiotion by the Ci-cuit Court and a new trial
granted. There was a hill of exceptions
containing the evidence on the first trial. On
the second trial there was a verdict and
judgment for the defendant in error. No
bill of exceptions to the second trial. The
objection here Is that the first verdict was
improperly set aside. The case turned on
the facts. Held :
Thattt-wus., uut. apparent. tlmt the first
verdict was improperly set aside, and the
result of the second trial affords a . strong
reason that the new trial was properly
g-raflted, (citing 28 Mississippi, D.-384, and
47 Mississippi, p. 393.) Affirmed.
Cases Decided jMonday, Feb. 21.
J. '. plg-li . Uaac Waldrow
(-This was a bill iirW" Splglrt
against Waldrow, for partition of a tract of
land, or for sale, and division of the pro
ceeds, claiming an undivided one-third in
terest in the land. Waldrow was in pos
session, hoqliug adversely under claim of
title to thewhole tract. Suiglit had Diir-
chased,iulun6ivided one-third interest at
execution sale miner a judgment rendered
against one latum, lhere was evidence
on the point that Tatmn had no title; and
the validity of the title set up by Spight was
denied iu . the answer. The only ques
tion considered by the Supreme Court was
whether the Court of Equity had jurisdic
tion. Held:
1. The rnle isHn Bartilion in nuitv is.
that this reined yMsot framed on the pred
icate that thotcomplaioaint may litigate aud
establish hisrijfhagarust the defendant,
and Mienf in tin same proceeding, have h
par i ion or a sale. The general rule is.
that th. complainant, where his title Is tie
uied, must first establish itt validity at law.
11. The remedy is also Dased on the the
ory ol a joint possesion. In the case at
bar, even il the sale under the judgment
vested the title to a third interest in the
complainant, the defendant holding ad
verse possession under claim ot title to tin
whole tract, then, the complainant only had
a right of entry, and should obtain actual
seizin beforoiie dan demand partition. Af
firmed.
DlcCarlsy
fa. Thomas
1,737.
Field Ko.
Opinion of Oie'tjourt by Takbell, J.
McOarlev sold certain lumber to Thomas
Field on his credit. Thos. Field afterwards
sold the lumber to-Mrs. Catherine Field,
who used it in tl ejection of a building on
her land. McCarfey tiled a peticlon-against
Thos. Field and afterwarda ao amended pe
tition against bim anaVMra. Vie Id, to enforce
iurail fHA, co eniurce
a theixl -anj buildings.
a mechanics' Iien-oo
Held.
I. The Dlaintifte VrWw 'Bfcving' sold the
lumber to Thorn. ?V;deJth credit of the
latter and there beT M-'Hority of con
tract between Mrs. Field and the plaintiff
in error, it follows that the latter had no
lieu on tier land for the lumbsr thus sold.
1 1. It the case rested on the theory that
Thos. Field was acting as the agent of Mrs.
Field, then the remedy is barred by the six
moutus' limitation, tne amended petition,
being the commencement of the suit against
her, not having been filed within the six
mouths required Dy the statute. Ajnrmea.
W. . Wiley t.fli(M yi of New
"y ' jf f'.
. Albaeo. fSfto.
Opinion of the Court by "Tarbell, J.
There was a lodgment against Wiley at
the suit of defendant inMrer rendered by
the Mayor a (New Albans, who by law was
ez-ojficiotrJustice of the Peace. Wiley ap-
peaiea towne uircuit oourt, whereon motion
the appeal was dismissed, and leave to
amend the affidavit for appeal was denied.
it is not snown Dy tne record whether tne
conviction or judgment was for a violation
of a town ordinance or a law of the State.
Held: '
I- The fight to amend the affidavit is
clearly given by statute.
11. it the ottence was against a law of tne
Stte, the right of appeal existed ; it, how
e, it was against a town ordinance, then
tne ngnc 01 appeal, unless allowed ex
pressly bv statute, is doubtful. Tiie nature
of the ease not being shown by the record,
the judgment of the Circuit Court is pre
sumed to be correct. Affirmed.
j ; :
Herat, Tax; Collector. v, J. A. T.
Ut-eeaf, io. last.
Re-argument allowed on one questions.
viz: Whether the action of the .Board oft
Supervisors, in approving the-eesessmentff
roiis, was conclusive on f ac a, ween, ine
decision of all other questions already de
cided, to remaiu unaffected. '. .
' jn.Waiilace v
:.'ulU. kkaislit-
Opinion o tA QnartJiy SimkAll, J.
This was eta issue at law as to the title
to personal property. There bad Men three
trials, thai dry finding eeth time for the de
fendant up error.: xiterayideaceiiwas con-
fiietmff, atttMto miesttew ot law-was pre
sented. Held
That the case was peculiarly one for the
mrv to determine, and the tact that there had
been three verdicts for the defendant in error
Lwas strongly persuasive that the right was
witu ner yspirmeti. : -
If am va. Tiplcr aid Anotber
-To.
. Opinion of Vie Court by Tabbell, J,
This was a bill in equity tdef join a sale
under a deed' ih trust. On motion before
answer the injunction was djssolved. On
the facts stated In -the. bilf, 'the Supreme
Court reversed this decree and remanded the
LEGAL
oavee for answer.
.rlorsran II. 'llinmpocin al., v
H i II i in i. Mirie-kluMd el nl.
Opinion of lie Court by Bimkall, J.
This suit was bi-gun originally by Thoma
If. Hudson and wile, and Morgan 11.
Thompson. The latter has ceased to have
any interest in it, and if. is now prosecuted
uy Hudson and w lie. 1 lie hu t- are these:
.;ui;e .,1. iiinmpsou uieo in i-i, leaving
La large esta'e, in real aud personal property.
"ii--. iiiiui-iiii. iortaii ii iiionipsoii uul
Mrs Strickland (wjie Pi Viur Jii-Strick-
land) were Ins. cievisees. Strickland wa
appointed guardiaii for Mrs. Hudson, then
unmarried and a minor, ahtl Morgan H.
Thompson, also a minor.' : The testa
tor provided in his will, that tlw property
sheiild be kept together until tlie youngest
child was of age. , , ' '
During the minority o"r his wards Strick
land, without adequate -consideration, in
duced thein to sell aud convey certain prop
erty situated in Holly Spriwgs to uiui. In
10K7 I ....... T-: O.-t.l.i ,
.owi , fcrn-j were iiionceu lu join Ol nuHiauil
aud wife in a deed, conveying a pSTeel of
laud to one Wallf and Ul L888, idl-.lx;lnx
under age and waids of Stricklaiqd, t the
suggestion of the latter, they executed an
agreement for a partition of a large tract
Of the lauds descended from tfielr father,
which was consummated, and deeds in sev
eralty made. It this partition Mrs. Strick
land received the most valuable share.
Mrs. Hudson attained her majority IiiFeh
ruary, lstil. 'Anditf ISOffshe filed a biil in
equity to vacate these anuveyunaes- There
was a decree in the, Ubancery Cowl in favor
of the defendants. , ri . .'. .,
On aooeai to the Aunt erne Court r.li'e onlv
question discussed and Considered by the
Cuurt was, whether Mrs. Hudson had lost
her right to disaffirm theseiots, because of
her delay in asserting her rights iu Court.
Held . rt . . .
I. These transactions net.vpeM 'the trn-i r-
iflan and his ward si in view of his toiluence
over them aud -their jeoptideuce An him.
should not be permitted to stand unless en
tirely fair, and nheljiiivocally ratified by
them after attaining their majority. -II.
There may be waiver of a right or the
confirmation ot a voiaaoie aot oy acquies
cence and an election to.abide by the act may
be Inferred from an' unreasonable delay.
Keasonable dinsrence' in' takinu- stena to
avoid tne act is required. 5 ;
111. It ts impoesibteto lav down a fi-cner-
ai rule as to. whal constitute unreasonable
delay, each case must be determined bv its
vb pectiliar'eiaeumt(mcesi
XV. In the tMHintreajy omi delay in com-
nseecinsr iinit tifcTacata rim rf-timrrriiirfn !
iiua of the attendiag' eveiits and circum
stidjces, cannot be t-egartfed as unreasona
ble. .Nor can a eoRnrmafioirof voidable acts
be inlerrefl fron hr tatlare during the pe
riod from 1861 f I860, to. assert her rights
1. a court of justice. In January, 1861,
theiiordinance of secession" -Was naRserl dn-
fhg the same year laws staying the cnllec-
Ltion of debts wereinacted, aud dorhut part
ohi. na.ln.1 U..U ...(.. : . 1
kh-ie Federal forc,eSjTlic yar tcclpiicjiljy T
w-Si- . T: "LL rt wujiiwi
e"'.u npin , .Qtnj. iitung ail tins pe ltu
little attention was mid to'urivate interests.
I view of all these circumstances, Mrs.
Hudson has not lost- her right to.disaffirni
these acts by her delay in bringing suit.
V. It follows that the complainant is en
titled to have these conveyances vacated,
end to be restored to her original riirhts as
joiiri; owner; Strickland id account for
rents tor th" town property, anil lor tlie
other tract of laud so far asltlias oeen tiro-
rfhictivctoh in. !
(Note. Because of the uncertainty ot
lielule to the truct. couvaved.to Wall, the
oeeej to mm win not ue disturbed. He-
verted and remanded.
-.The Coanectlcnt .AomlaallonN.
New Haven. Feb. .23 The. Democratic
State Convention nominated the old officers.
The Democratic-Liberal parly of Connecti
cut in convention assembled pledge' them
selves anew -to ine principles wiMen lliey
have repeatedly adopted and 4whiclt ' the
people of this State have auuroved: the
Constitution and the Union 'shall be main
tained, with the suprenracv of the civil
over the military authoriry ; we demand
for the individual the largest liberty
consistent! with public order; for . the
State self-government, and fof- the Fed
eral Government -a return to tlie meth
ods ot peace - and tlio Constitutional
limitation of - power. 2d Refocqt in -yie
civil service. 3d. The puJilio, creilit o
ttte Union must' be maintained. Th, The
pwklic lands must be kept for' settlors and
subsidies to corporations- must cease.- 5th.
Compliments the Democrats of the House in
reducing appropriations, ,6th., The, Only
currency known to the Constitution of the
u iii tea states is goio ana stiver,-ana coin
forms the only staple basis for theouimer-
elnl neeecairiea of the world. The hpinA.
cratic party of the lJuioifc has never-tailed
to recognize and support tnisesseonai-prln-:
ciple, but following a great nd Js tf war,
we find an irredeemable- euTrcnce"at:onr
doors. It is therefore the duty of Congress
to adopt such measures as shall lead to an
early resumption of specie payment, while
guarding its acts by that prudence which
the interests of commercial, -manufacturing
and industrial pursuits demand. 7th. Re
peal the resumption acts passed by Ltte Jle
nublicans as" a mere act -of party exnedlencv
lou-their parte Sth. 1Thatr-hi4Jn-veioii,
lk-: .i : .1. .1. ...i t.A
ritv of the Seoators,aiul Representatives in
Congress from this State, rely upon such ac
tion at their hands as will' aid in ' placing
the rt nances of the country upon a constitu
tional basis. ;-::! ,
The Span lab Wji
Madrid, Feb. 23. It is, officially an
nonnced that the Rovalists santured Tolosa.
As the Alfonsists entered Tolosa the Car-
lists retired, and the' War may be consid
ered as virtually, ended. The army and
fleet saluted .Alfonso on entering San Se
bastian. ' "
It is officially conmrme that Gen. Dorre-
garry has taken refuge in France.
The Carlists are now concentrated, a part
at Alsasna and a part at Zeimarraga. jon
Carlos himself is with the former body.
The Carlist4lenerai lHe was killed in the
engagement pf Penaplata. k , a .
' f aris, Feb. 23. IJt Mems - now- decided
that when the Carlist war is over ex-Queen
Isabella will enterMrrain-and Alfonso will
meet her at tin frontier to conduct her to
the capital. . . ... ; -
The Tarkbh Wu. .
-
Vienna', Feb. 23. A semi-official commu
nication from Constantinople, says that
Turkey sent instructions . to Servia and
Mbntenegre.to withdraw tlieir subjects from
-th) Insurgent ranks, or otherwise she will.
occupy hotn principalities. - '
Constantinople, ' Feb. ' 23. The ; Sultan
bas signed a decree granting pardon to all
who will return home within a month. The
government has announced that it will have
their nouses ana cnurcnes, wnicn were de
stroyed, re-built at lis own txist," and will
furnish the insurgents with the means of
resuming their usual avocations. The au
thorities on the frontier are ordered to ac
quaint the insnrgents-ofthe lmperfal de
cree, and to affordthei? the necessary fa
cilities tor-returning totneir nomes.
Arretted lor Eabemleaeat.
New York, Feb. 23. Richard B. Irwin
agent of the Pacific mail steamship coinpa-
pany, was arrested on the complaint of
Kutus Hatch, charged with tne embezzler
ment of $750,000 ol the company's property,
He was bailed in $50,000.
Rv Tfilfiimmh
j o x
WASIII.-MWXO.-V IIEJIS
iValional Democratic Coaveaitioa
Washington, Feb. 23. The National
Democratic, Convention resolved to con
tinue its headquarters at Washington, and
to take such steps as may be necessary to
secure organizations in the several States,
and the chairmen of committees in their
respective States are requested to co-operate.
Thanks were tendered to Col. Coke,
of. Willard's, for the free use of Willard's
Hall. Senator ll insom, of North Carolina,
offered the following, which was adopted
with apnlause : That the unanimous thanks
of the National Democratic Convention are
hereby voted to Hon. Augustus Schell, tor
his able, faithful and energetic discharge of
his duties as its chairman, for the last year.
Later. It was said by some of the West
ern members ot the .National Democratic
ii'ii.ciiMuiii vceinuif. limb i.ue iinniieiai
platform which will be prepared bv the
House caucus committee, will be based on
representation. Paine's bill wi.l be such
that the Democracy can safely present it to
the Western voters.
Later. The National Demi cratic Com
mittee, to whom is delegated the power of
fixing the rime and plaee of holding the
National Democratic Convention of 1876,
have appointed Tuesday, the 27th of June
next, noon, as the time, and selected St.
Louis as the place, nf holding such conven
tion. Each State will be entitled to a rep
resentation equal to double the number of
Irs Senators and Renresentatives in the Con
gress of the United States ; and the Terri- .
tory of Colorado, whose admission in July,
as a State, will give it a vote in the next
Electoral College, is also invited to send
delegates to the convention. Democratic-
Conservative and other citizens of the Uni
ted States, irrespective of past political
associations, desiring to co-operate with
the Democratic party in its present
efforts and objects are cordially in-
Vluetl I.O join in seuuing ueicabei, bu-ilie
National Convention. Co-operation Isde-
sired from all persons, who would change
an aiimilliSLntiiuu iiiab uassuiiureu 1.11c puu
lic credit, to become and remain inferior to
other and less favored nations; which has
permitted commerce to be taken away by-,
foreisrn riowers: which has stiffed trade bv
iiaju3t,unequaiea ana pernicious legislation ;
which has imposed an unusual tax, and run- ,
dered it most burthensome; which hag
changed a-growing prosperity to wide
spread suffering and want; which bas ,
squandered the public moneys recklessly
anddetiantly, and shamefully used the pow
er, that, should have beeu swilt to Dumsn
crioie.fo protect it; for these and other rea-
sons; the .National Democratic party deem
the public danger imuiii.eut and are earnest
ly .desirous of securing to our country the
government, and cordially Invite the co
operation of their fellow citizens in the ef
fort to attain this object:
- Signed Thos. A. Walker, S- R. Ceck
rill, Frank McCoppin. Win. H. Barnum,
Charles Beaster, Charles E. Dyke, A. R. .
Lawton. Svcracuse H. McCormick, Thos.
Dowling, M.M. Ham, Isaac E. Eaton, H. D.
Mcllenry, H. D. Ogden, S A. M. Sweatt,
A. Leo Knott. Wm A. Moore. Wm. Loch-
ran, J. n. onarpe, uoun hi. rnrai, ueo.
Miller. Tlira. II. Williams. John B. Eaperlr. .
Theo. F. Randolph. M. W. Ransom; John
G. Thompson, Jas. K. Kelly, Jas. P. Barr,
Nicholoa VanSlvck. Thos. Y. Simons, Wm.
B. Bate, A. S. Stockdale, B. B. Smalley,
John Goode, Jr., John Blair Hoge, Geo. H.
raul, Tlios. M. ratterson.
- Augustus Schell, Ch'n.
"PBUDERfCK O. raiNCR,
, Sec'y National Convention. ...
SENATE.
Washington, Feb. 23. In the Senate, ad
verse reporus were uiihii; i jtvjh i, Kc uuiu-
ber of petitions for compensation for losses
sustained during the war, and the cotton
claims were discharged from their further
consideration. .
lit the Senate Arnold presented petition
of Oemptame & Co., Clarlin & Co., and other
leading merchants, against the repeal of the
bankrupt law, and suggesting certain
amendments. ;
Morton presented the petition of 15000
women and 14,000 voters of temperance,
praying, among other things, the require
ment of total abstinence from all alcoholic
linuor In civil and militarv officers.
Mr. Stevenson moved to rep. al that part
of the law of 1872 which requires pivot
drawers on the Ohio river bridges.
The Committee on Claims reported ad
versely on the petitions from Mississippi,
asking an extension of time for presenting
claims to the Southern Claims Commission.
The District Interest Bill and the but tor
the protection of Indian reservations from
depredations, was discussed to adjournment.
HOUSE.
Mr. Kerr resumed the chair In Improved
health.
A number of resolutions ot Inquiry were
offered including one affecting the Chinese
Minister, Seward.
Mr. Banning offered a bill to reduce the
army gradually to 20,000 and unite the
quartermaster and subsistence departments.
The bill removing the political disabili
ties of Daniel T. Chandler has passed, and
goes to the President for his approval.
The resolution authorizing suo-comm it-
tees charged with investigations to send for
persons ana papers nassea.
The bill to prevent the useless slaughter '
of buffalo In the Territories passed the
House and went to the Committee on Pen
sions without action.
Adjourned.
Gen. Fremont was before the sub-committee
of the House Committee on the Ju
diciary to-day, with reference to the Trans
Continental R. R. Co. ; be testified that he
knew nf no money having been improperly
spent to influence the passage of the bill.
and therefore couidn t turnisn a list oi tne
beneficiaries, as be bad been asked to do by
the committee; he was closely questioned
about the negotiation of the Memphis & El
Paso Co., in Europe,and said that the compa
ny sold them to Paradies, of Paris, who
was at the head of the stock exchange, and
who put them on the market with tlie dec-
lurntisin that: l.hpv ware rnnrnleArl he th.
United States, which was not the fact. The
company ndt only did not advise, but knew
nothing of such declaration until after It
was made.
The Pacific Railroad Committee had no
quorum this morning, and on motion ot Mr.
Atkins, adjourned for one week, as some
members were necessarily absent.
The heirs of Jno. J . Crittenden have sued
Fremont for $10,000, alleged due for legal
services.
i It has been decided that the appointment
of Shanks, as Commissioner for the Indian
Territory was unauthorized by law; $5,000
have already been paid to Shanks.
The bill considered in the Committee of
the Whole to-day restores to the pension
rolls persons stricken therefrom fot- disloy
alty; it will pass to-morrow.
Pinohback'8 case is again among the
buried issues ; no one thinks or talks about
it.
. In the Cabinet meeting, nothing special
was transacted.

xml | txt