Newspaper Page Text
The State Journal.
FRIDAY. AUGIST, 8, 1873.
INDUCEMENTS TO CI.V11S.
Itnre Chnucea for Splendid Irc-
Having Increased our facilities for print
ing Iho Joikxalwo are prepared Corn
largo increase in the number of our stib
scrlliers, mid therefore offer the following
premiums for new subscriliors nt club
To the person ending 11 tlie largest
number of subscribers, lu nil aggregate of
400 new subscribers, wo will give a Flor
ence! sowing machine worth l?S0; audio
, the person " sending us the next largest
lumber In the same aggregate, a New
American sewing mnchiiie worth $70.
The cash .must of course nccompany
In relation to the machines we offer for
premiums we need only say tliey are well
known to be tin very best in use
TAU It the l.llierul Democracy, savs
Mr. lirocsbeck in speaking of a imme for
the new party organization to succeed the
historical unterrilled. Yes ! Cull it that
or anything you please, it is nil the same.
It is democracy still.
1)R. Pr.AoiT loaves hero to-day on a nils
nionary tonr along tho line of the Atchison
Topcka and !sHnLi Fe Uuilroad, and ci.pects
to be absent till nlmnt the end of thi
month. He will take notes as.hr. 'nn,i
"-tWJvllkcJfjJHMneTs may thereby get a
glance of the country and people lie visits.
The conclusion of tho Penitentiary Com
mittee's labors lias lx en .followed liy the
issue in satisfaction of the claims tliey al
lowed, of some $110,000 of Auditor's war
rants lor the payment of which there is not
a cent In the Treasury. Tlie result is that
$50,000 to $75,000 of tlie money that be
longs to the circulating medium of this vi
cinity is locked lip in "protested paper,'"
the obligations of the State. How
does tills speak for the success of the Dem
. ocrntic administration of ."Missouri ?
The taxable wealth of Carrollton is
$780,885. The school tax of tho city a
Monnts to $16,3541. 'Among the new en
- terprises of the city are the woolen mills,
whose proprietors reeeutly located there
from Philadelphia. The Ilccord invites at
tention to the locality as eminently suita
ble for a paper mill. By the wav it is a
matter of surprise to lis that there arc so
' few of this class of mills in Missouri. In
this vicinity nre numerous mngniflcent
: sites lor paper mills. At Lamkiu's on the
Morenu is an elegant situation lor ono.
' -There are others around we could point
out. e wonder why they arc not taken
A srtciAL dispatch to the Kansas City
Titiics, dated Cofl'eyvlllo, Kns., August 0.
says: Inlonnatlon ronched this place to
day that the Cherokee Indians are having
a bloody war among themselves at. Cody's
Hlutr, about thirty-tlvo miles south of here.
Tho trouble grew out of an election held
August 4th, In which what is known as tho
Ross faction came out nhead. Tho other
two factions are termed Indciendciil and
Downing. All parties are determined
and the probability is that there will be a
bloody war yet. The latest report says
that about seventy-five armed men of the
Ross faction arc hlng unlet mid awaiting
orders, i heir opponents declare their In
tention to continue the light. Several po
nies have been captured by the Ross party,
One man is severely wounded and several
slightly. Considerable damage has been
done to property. Tho scene of the action
is so far south that it Is almost impossible
toeeot correct report just now.
A shout time ago tlie Tribune scorned
to ridicule tho Idea wo advanced that the
Democratic party of the State and country
was dead. ill it take the testimony ol
Mr. (.Jroesbcok and the St. Louis Jlcpubli-
can ? In discussing the letter of the former
the Republican says that "for any good It
might do in a national field, the Democrat
ic parly is dead." It adds: "The masses
of the partv are honest and patriotic, but
as an active political organization it is un
deniably controlled by leaders, many of
whom aro sellish demagogues, many wed
ded to olil-lashioncd and exploded notions.
and not a few corrupt or unreliable. Here
and there of late veurs tlie. Demoeracv has
ittained power, but has generally disnu-.
pointed those w ho elevated !!,,".!;ii furnishes
4410 striking example of a good nnd ceo-
miical government by which to encour
age the opponents of prodigality mid
Tiik communication in Inst week's State
loriiNAi. on tlie subject of "Our Revenue
Law" is exciting considerable comment
That publishing tho land delinquent list of
lH7:icost tlie State $100,000, was naturally
startling announcement ; nnd what was
gained by so costly an expenditure is thus
made a ligitimate impiiry. That tho bene
tits arising from the outlay are utterly in
adequate to Justify it is strikingly apparent.
In tho instance, of Jackson county the cost
of advertising the land delinquent list a
year ago was $3,600, nnd not a penny was
realized from tho sale. Instances of the
kind might bo multiplied all over the State.
The consequence is that every sensible
person votes tlie advertising of delinquent
lists a humbug which ought to bo abolish
ed. Will tlie Legislature at its next scs-
ion repeal the law which permits it ?
That its existence is neccessary to tlie col
lection of the revenue is folly. It is an
obstacle rather nt tax sales. Under tho de
cisions of tho courts the title to lands nc-
piired is worthless What is tho uso then
ot advertising and tho farce of Belling P
None in tho world save to put money in
tho pockets of printers at the expense of
If any people ever had a envois belli they
are tlie people of Missouri. They have
been insultod. Outraged ! Grossly out
raged 1 May-be they don't know it, bnt it
is so. Even in the person of their Chief
Magistrate are they thus put to shame and
disgrace. Could ho not visit the hunting
grounds of Kansas and shout the quail of
that presumptuous people without the hu
miliation of arrest by an odicor ot the law
and of being arraigned in a criminal court
as though he were of the meanest of cul
prits to whom he may as the Governor of
the State extend his clemency P Is there
a Mi." -iirinn who does not blush for shame
at tho thought P Or who would refuse to
join -in a demand for an apology or satis
faction P Kansas must apologize or ' 'bleed
again 1 What say tlie "blue grass" bloods
ot Missouri P
Stbakhit Out ! Tho State Democratic
Convention of Ohio met at Columbus
Wednesday and effected permanent organ
Nation by electing W. II. Bell of Muskin-
- gum chairman. A platform was adopted
declaring "that the Democratic party seeks
to revive no dead issues but stands by its
principles chicl are suited to all limit nnd
. circumstances," which moans wo suppose,
that as times and circuinstancoB are it is
one- tiling iu Ohio, another in Missouri and
still another in Louisiaua.
Following this is an Ingeniously written
document, containing all the catch words
known In the Democratic vocabulary
alter which nominations were mado
Governor, Win. Allen of Ross; I.icuten-
ant Governor; ItarnabusBurusof Richland,
Supreme Judge; long term, II. C. Whit-
, man of Hamilton ; short term, C. H. Sorih-
ner, of Lucas ; Attorney General, M. A
Daugherty ot Franklin -, Treasurer, Geo.
Miner of Summit; Comptroller, J.
.' Newcourse of Marlon; Member of tli
Board of Public Works, Christian Schnnk
, of Moroer. '
Tint following circular has been sent
out privately by the Secretary 'of the Treas
ury. It Is of sufficient importance to tlie
pnblio, however to justify us in giving it
Wasiiingtos, July 21, 1873.
Sir: Yon are hereby notified that there
is In circulation a very dangerous counter
feit $4 gold coin pt the issue of 1872, and
its spurious character- ran only be ascer
tained by the closest scrutiny. You will
be larenil to examine all pieces of this
(late, as tne coinage ol that issuo aid not
exceed 9.10,000, the Uovernment will
take Immediate steps to withdraw all of
. this issue from circulation. Compete
: detectives have been put upon the case to
give proper attontion to the subject."
:y - "Your obedient servant,
. ' : ' . W. A. RtriiABiisoN,
''" Secretary of the Treasury,
The counterfeit which Mr. Richardson
speaks of as dangeroiw.eontnliit pure gold
to Use value of 14.60.- In bulk It is simitar
. to the genuine coins, having' nixed with
the gold tome alloy which assay ora hare
m yet failed to- discover. The officers
the Treesary are entirely unable to ten by
whom or how it was made,
Has any one positive information as to
tho whereabouts of the Democratic repre
sentative of tliis county in the State Leg
islature p At the cluse of the last session
he was seen, astride of a powerful charger
riding furiously out of town. His symp
toms then were those of a man in great
lisgust and weariness with "tlie cares of
State," and fears (?) were entertained that
he might commit the rash act of onding
his politienl career by resigning his high
office forever. Wo have hoard that ho
soon after took refuge In one of thu Asy
lums of the State, but no word of his rcsig-
nation hns been received. Now, our State
Constitution provides that no person hold
ing a lucrative office under the laws of
the State shall remain a member of the
General Assembly after having accepted
such office ; and, further that if any repre
sentative remove bis residence from Die
county for which he was elected, his office
shall become thereby vacated. We beg
to Inquire If our worthy representative
does not now hold a lucrative office under
the State, nnd If he has not removed his
rosttlcnco from tho county ? Wo don't ob
ject that he is Superintendent of the Mis
souri Blind Asylum. But we are sorry he
wearied so soon In tho service as our
representative man,' not only in the Log.
islaturo but In tho material interests of the
county. Certainly our representatives in
the Legislature should be earnestly identi
fied with the public improvements ol the
comity nnd should lead off in all great
works of -public spirited enterprise. e
were promised and had a right to expect
much from our Democratic representatives.
Our senator has secured the building of
tlie capitol lence with convict labor, and it
Is presumed will retire upon the laurels
thus gained. Our representative has in'
continently fled the field, leaving behind
him a record for inefheiency and coward
ly betrayal of trust unparalleled in the
history of tlie county. This is the record
our representatives have made for the
Democratic party of the county. But w
need expect no improvement even by
change, so long as its party remains un
der Its present control, at the least,
What is really wanted demanded by the
exigencies of the case is tho return to pow
er of Republicans, in the county as well
as State, nnd judging from the tone of the
people, tho prevalent expression of public
sontiuicut, which is that of indignation at
Democratic extravagance, repudiation and
oad faith, such an occurrence Is by
means Improbable. Who ever heard of
the protest of a State warrant for non-payment
in Republican times P Who ever
witnosseil tlie prostration of business, the
suspension of Immigration, the lethargy
discontent and distrust that now mars the
condition of the affairs of Missouri, when
her administration was In tlie hands
Republicans. We have this then to say,
as Cole county is called upon, unqiiestlou
ably, to elect a luocessor to our late rep.
resentatlve in the Leicislature. that it is 1
duly we owe ourselves, our county and
our State to make that election (be inaug-
uratlve step ot we return or Kepuimeam
to the legislative control 01 me jmopie
WILLIAM CLAUDE .TONES.
The follow lug scrap of personal history,
taken from the Now Mexico Union, Is go
ing the rounds of the press of the State :
"William Claude Jones was 0110 of tho
most peculiar characters of 11II tlie men
and lawyers ot those days In this country,
iio came here as United' States District At
torney, from Missouri, in 1854, and took
up Iiis residence at Las Cruces. He had
traveled in California, Mexico and Cen
tral America. We never could sntifv our
selves of his birth place. Ho seemed to
like it to be believed that he was the son
of an American consul and was born in
Catalonia, in Spain. Ho was tall In per
son, mm stoopeil some In the shoulders.
His forehead retreated hack much, and his
head was covered with a thick mat of hair,
tinged with grar, nnd taught to stand back
upon the head like a tult of bristles. His
perceptive faculties were large and
prominent. His lower face was rather
narrow at the chill, but lie was somewhat
broad across the cheeks. With these he
had a nose of uueoiumuit size, nnd hump
ed up in the middle. As a lawyer when
he would bend his mind to the' business,
he was a good practitioner. Ho had an
excellent voice and was a fluent, irood
speaker. He acquired the Spanish so he
spoke without an interpreter. Ho had
read nnd observed much. Ho dcliirhted
ill historic nnd poetic works. His mind
was quick, fertile, penetrating, poetic and
Hashing. It had much of the structure of
erratic genius. As a writer his stvlo was
rich, and florid, and when he willed, elu
irant. Socially he was ntrrepable and en.
tcrtniiiiug. lie was full of anecdote, fun
quotations from the authors he rend full
of humor and song, llis temper was kind
and obliging. One serious drawback at
tended Iiis lite. He was too much under
the influence ol Iiis appetites and passiom
In the moral sense he was not stronir. llis
bright intellect and open deportment made
those defects the more glaring. He was
married in Missourljbut his wife obtained
a do-orce from liim. lib married again
in Mcsilla, l very young Mexican girl
Thcv moved over into tho northwest cor
ner id Texas for a while. Ho obtained a
livoree from his young wife. At the time
f the rebellion his sentiments were with
tlie South and he associated hiinsell Willi
the rcbel"Texaii8. i'lnaitv he wandered
nto Arizona, was elcctedto the legisla
ture and Speaker of tlie House of Repre
sentatives. After the session lie was mar
ried to another young girl. Soon tliev
went to California. From thence ho tool
to the Pacific Ocean, and the bust account
we had ol him he was at the Sandwich Is
lands. Perhaps ho became the King's
,'oiinsellor. He was ever n restless, rov
ing, talented spirit, never to be satisfied
this sido of the grave, if living now his
aire is somewhere about sixu-vears. If
dead, the laud that holds his remains has
those of a vory remarkable man."
We are informed by old inhabitants
here, that Win. Claude Jones, or Claude
Jones, as he was then called, mado his ap
pearance in this city witli tho Legislature,
November of 1841. Ho was elected
Chief Clerk of tlie Senate, and so faithfully
did he perform his duties, or so lucky was
he in maiiuveriiig himself into the favor of
the Legislature, that before adjournment
he was elected commissioner to superin
tend the printing of the laws of the ses
sion. That being tlie revising session, the
work imposed upon him was not of n
trilling character. Ihe same Legislature
made provision for the election of dele
gates to a Constitutional Convention in tlie
August following adjournment, and al
though tho adjournment did not take place
until the spring was far advanced and Mr.
Jones' duties as Superintendant of the
printing were arduous, the work being
done in St. Louis at a tune when the nieth
ods of both traveling and printing were
slow and wearisome, litflo of either being
done by stoam, Mr. Jones succeeded in
getting his namo brought before tho peo
ple of Newton and other adjoining coun
ties composing tho District, and ill secur
ing his-clcctiun to tho Convention.
Hero tho career of Mr. Jonos as a states
man commenced. He took an active pari
in nearly all tho debates which sprang up
during the session of the Convention,
which at times were somewhat stormy,
and continued all winter. In the ensuing
August election Mr. Jones was elected a
Senator from Newton county. Then the
Legislature did not meet every winter as
it does now, and tho lead mines of the
Southwest had not then been discovered.
neither had the great Atlantic and Pacillc
Railroad penetrated that famous region,
and when Mr. Jones returned to his coun
ty in the spring of 1847, there was nothing
in all the vast country to content him in
remaining ; the broad prairies and dense
forests bold no charms for him, and he
traveled to Arkansas, then sustaining a
reputation lor excitement and adventure
sufficient to gratify his aspirations and
tastes. But another session of the Missou
ri Legislature was called and Mr. Jones
mado a discovery,, either that it was not
pleasant to abide longer iu Arkansas or
that the allurements of anothor winter iu
tlie Missouri Legislature at Jefferson were
too strong to be resisted. Ho, no doubt,
outcrtained, also, a patriotio devotion to
the State which led him to conclude that
its laws could not well be made for tho
people without his assistance. At all
events some generous motivo or other im
pelled him to return and claim his seat
and his throe dollars per diem as well. In
the mean time, his old district had elected
hit successor who occupied his seat. But
HuV.gp tht difficulty and did not tot
him back In the" least.
He appealed to a generous nnd Incor-
ruptable Senate, and they responded in ap
preciation of the merits of the man and of
hit claim, by voting the newly elected Sen
ator outand the old one iu. Perhaps Gen
eral Edwards, of this city, who, if we
mistako not, was a member of tlie -Senate
at that time, could give us au Interesting
reminicense of tlie memorable time if he
That session of tlie Legislature ended
Mr. Jones' career at a statesman in Mis
souri. Hit untiring gonius and lofty as-
perntlnns wore dazzled by tho glowing ao
oouuts that made their way hither of tho
glittering morsels and even heaps of gold
said to exist on the shores of tho Pacific,
and he, with thousands of othors, was
found with blgr heavy wagons, loaded
down .with provisions, dragging their
weary way across the great plains and
over the rough mountains. :
The route to California wan then not
very well known, and many who attempt
ed to traverse it were inexperienced end
without judgment in choosing their outfits.
Tho consequonce was much suffering-
even death and starvation to many.
It was here particularly that tlie untir
ing energy of Mr. Jones displayed itself,
Ho pushed resolutely forward and success
fully made tho trip. He was not, however,
among the first to arrive. Others had
preceded hiui and they lost no time in
communicating to tlie people of the conn-
try tlie destitute condition of tho unfortu
nate emigrants they had left on the road.
A day was fixed lor a meeting to raise
supplies and form a train to send back for
the relief of the starving "gold hunters."
It is said that just as this meeting was in
progress, which was numerously nttended
and held in the open air, Mr. Jones drove
up. Ho was ragged and dirty. An old
slouch hat half covered his head and In
his hand he carried a lung ox pole. He
was called upon for a statement ol what
lie had seen on the way nnd of the Impor
tance it was to send relief immediately
back. The account that bystanders give
of the speech that followed and of tho
electric iiifliienco it had upon the crowd.
represents it as wonderful. The privation,
toil nnd hardship he had endured had not
robbed him of his eloquence, the article
we have copied attributes to him. The
spirit of generosity which had no ' doubt
almost died out in the breast of many was
aroused. All joined In cheerfully con
tributing largely nnd In n very short time
supplies were moving eastward iu season
to save many from horrible starvation and
death. Tho speech of Mr. Jones, 011 this
occasion, nut in the open nir, in the un
couth attire of a .frontiersman, ox whip in
hand, to hardy, rough mountaineers nnd
miners, had a more powerful effect In tho
cause of the suffering than all he over
made in courts or thu Halls of Legislation.
From this event our trace of Claude Jones
Hon. J. K. .Sheoley, Representative from
Jackson county, nnd Mrs. Mary C. Mur
phy, daughter of Judge Wm. C. Young,
were of ono parry, and Mr. Jacob Hein
richs, a well-known undertaker of this
city, and Mrs. K.liza Von Ilallbcrg, were
of the other, ' The marriage ceremony of
the first-named was conducted by Rev. B.
F. Lacy, I). D., nt the residenco of the
bride, and was witnessed by a tided num-
licr ol relatives and friends only, every
thing going off in good style, as'both par
tics had been there before, and to thu sat
isfaction of all interested.
Tho other ceremonv was a public one,
and was conducted m eleborate style at
the Catholic Church, Father Moeller, offi
ciating. Tho attendance was the largest
ever seen here on a similar occasion, and
was confined to no particular class. I
will not attempt to describe the dress, ser
vices, etc., but merely add that additional
ccrenionses were inaugurated at night, in
which a still larger audience participated.
and from the noise and confusion hoard a
regular old-fashioned charivari must have
been given the happy couple. Jefferson
Cily Globe Correspondence.
In the Siiprcmc! Court of Missouri,
jiiij jcrni, inj.s.
Alftcrl Jonet, tiiimllnul, rs. Goilfirq Mack
resiHimlenl. Ajtjwal from Johnson tVmi-
moa I'l' iu.
U SUIXiE ADAM nEI.lVF.nEU THE Ol'ISKIS Of
This was an ejectment for a quarter sec
tion of land iu Johnson county.
The plaintiff showed n clear paper title.
The defendant set up a sheriff's sale and
deed under a mortgage which had been
given by the plaintiff to tho county of
Johnson to securo a debt duo for school
funds. The mortgage was in the form
prescribed by the 22nd section of the 2nd
article of tho act entitled "an act to pro
vide for the orgnnlcation, support and
government of common schools In the
State of Mlssonrl, approved Deo. 12, 1856,
whicli provides that "every mortgage tak
en under tho provisions of this act, shall
oe m lie ordinary torm nt a conveyance
in fee, shall reeite the bond, and shall con
tain a condition, that, if default shall bo
made in the payment of the principal or
interest, or any. part tiiereof, at the times
when they shall severally become due snd
payable according to tlie tenor and effect
of the bond recited, the sheriff of tlie
county may, without any suit on the mort
gage, procoed and sell tho mortgaged
premises, or any part thereof, to satisfy
tho principal and Interest, and to mnko an
absolute conveyance thereof in lee to the
purchaser ; which shall be effectual to all
intents and purposes as if such sale and
conveyance were made by virtue of a
judgment of a court of competent jurisdic
tion foreclosing the mortgage." (See 2nd
Revised Statutes 1855, page 1224.)
On the 21st day of May 18B5, tlie County
Court qJohnson county made the follow
ing order which was relied on as author
izing tho sheriff to proceed and tell the
Mortgage order of
Albort Jones Bal0' .
Ordered by fhe Court that tlie County
Attorney proceed and close the mortgage
in tho above entitled cause by selling the
whole or so much of the real estate there
in mentioned as will be sufficient to pay
the demands of said plaintiff."
The.shoriff afterwards sold the land and
made the deed under which the defendant
claims, and the mortgage was entered sat
isfied by virtue of this sale.
This is in substance Uie defendant's case
as mado by tho evidence
The Court decided that this evidence
waa sufficient to defeat the plaintiff's right
or recovery and made formal declarations
of law to that effect, and the plaintiff took
non-suit with leave to more to set the
samo aside, and did Hie a motion to tot
aside tho non-suit which was overruled
and exceptions duly taved.
The school law vests in tho County
Courts the care and management of tho
school funds of tlie respective townships
within their jurisdiction, (2nd Revised
Statutes 1855, tec. 15, page 1422.) The
County Courts have the whole control of
these fundi and have the cause and custody
of the bonds and mortgage! give to teeure
loans. The sheriff has no control, what
ever, over the school funds mid bat -W
power to act on his own motion in the
foreclosure of mortgages. He can only
set in obedlenco to the orders oi the Coun
ty Court. Section 80 ol the 2d article of
the net above referred to, (2d Revised
Lawt 1855, page 1425), provide that,
"whonever the principal and interest-or
any part thcrool secured by a mortgage
containing a power to sell, shall become
due nnd payable, tho County Court may
make an order to tlie sheriff, reciting the
debt nnd interest to be recovered, and com
manding htm to levy the same with costs
of the mortgaged premises which shall be
described as iu the mortgage ; and a copy of
such order duly certified, being delivered
to the sheriff shall have the ellect of a fieri
fairas of! a judgment of foreclosure by the
Circuit Court nnd shall be preceded on ac
cordingly." This section provides tho only summary
method of foreclosing mortgages by tlie
County Court. The order of sale must
substantially comply with Its provisions,
otherwise tho proceeding would be irregu
lar and a sale under it would not amount
to a foreclosure.
It Is very manliest that the onter of talc
under which the shoriCaOted in tills case
did nut comply with the statute and was
no authority for foreclosing tho mortgage.
Still the sale was made nnd the debt of tlie
county due from the plaintiff for the
school funds was sutisfied by the money of
Under this purchase the defendant took
possession of tho hind and he certainly has
tho right, under those circumstances, to
protect his possession by setting up t!d
mortgage. A mortgage conveys tho legal
title and after forfeiture the mortgagoo or
those holding, under him by foreclosure
or color of title, may enter into tho posses
sion and hold it ngainst the mortgagor.
(Sco Jackson vs. Magrudcr, Mo. R. Oc
tober Term, 1872.)
Although the sale by the shcrifl" did not
amount to a good foreclosure, yet as It re
sulted in the payment of the school debt
due h-oui the plaintiff, the defendant by his
purchase became substituted to the rights
of the county at mortgagee. The plaintiff
ns mortgagor may still redeem the land.
But he can not maintain ejectment against
the defendant who Is thus 1ft possession as
assignee of tho mortgage.
Under any vtew that we can take the
judgment was for tho right party. Jttdg-
ment affirmed. Judges Wagner and Nap
ton concur In Uto result. Judges Vories
nnd Sherwood dissent.
DISSKXTINO OTINION 11V JlIIKiK SIIEHWOOD
In so much of the foregoing opinion as
holds that the sheriff had "no authority for
foreclosing tho mortgage" I concur.
But as to tlie residue of that opinion and
the conclusions therein arrived at, I must
lissent, and for those reasons:
An ordinary mortgage conveys to the
mortgagee the legal estate which the lat
ter may also transfer. And If the mort
gage contain n power of sale, and the
mortgagee upon condition broken, at
tempts an execution of that power, but
falls to comply with those conditions upon
A'lnch a valid exercise of that power de
pends; yet his conveyance, in so far as
passing the bare legal title is concerned,
(though burdened as before with the equity
of redemption), will be effectual. And his
assignee, the possessor, at all events, of
the legal title, is in a position to defend
that titlo in an action at law.
Not so with the sale and conveyance
made by tlie sheriff in tlie ease under con
sideration, its he had neither the legal title
in tne mortgaged premises (that being by
tho terms ot the mortgage vested in the
county) ; nor tho power of sale as tho re
quisite order ol sale had not been made by
the county court, "and a copy of such or-
der duly certified,1' was not delrTered to
him. It follows then that his attempted
sale and conveyance was a complete nul
lity ; ami therefore totally unlike in its in
cidents aud results, a defective sale and
conveyance when made by an ordinary
This I regard as an important and solid
distinction between the two cases, and one
which seems to have escaped the attcnliou
of the majority of my associates.
The money, however, of the defendant,
havin? discharged tho mortirnce debt, he
was clearly entitled to be subrogated to
tne rights 01 ine comity upon making the
proper application lor sucit equitable relief.
But most certainly the defendant did not
by the mere fact ot "his purchase become
substituted to tho rights of thu county us
1 ue mortgage oeing satisnen, as a mat
tor of course it ecased to constitute an out
standing title and therefore worthless, as a
defense at laio, no matter by whom, nor
under what circumstances, tucn satisfac
tion was made.
But a court of chancery will treat a
mortgage as satisfied, or not satislied, in
accordance with what it deems will best
subserve and promote tlie true equities of
the case. . .
The defendant having iu his answer re
lied on a purely legal defense, he clearly
should nut have been permitted at the
trial to avail bimsuit ol one merely equitu-
me. - isee ivenneuy vs. Daniels, itu Alo
For these reasons I think the liidgmet
ought to be reversed, and in this opinion
Judge Vories concurs.
that the court refused to hand them over to
the company, and the prayer of the peti
tion Is that the oourt will issue a man
damus compelling the court to doltversald
bonds to the said company or show cause
to the contrary. 1 1
In the return to the alternative writ of
mandamus the county court mainly rely
oh .the assertion that said subscription
"was falsely and fraudulently made by one
Justice of the said county court, no other
justice being present, at appears by the
records of the said county court," and they
further aver that said court waa not In ses
sion when said protended order was made.
The return also sett up that the com
pany nre not the (scat agents of Morgan
county and that tho company hat no right
to the bonds, according to the termsof the
ordor authorizing the subscription.
They also Insist that tlie fourteenth sec
tion of the act entitled "an act to Incorpo
rate the Osngo Valley and Southern Kan
sas Railroad Company," approved No
vember 21, 1857, upon which snfd tub
scription is based is unconstitutional.
In the plea to tho return there is a de
nial that the subscription is fraudulent or
against the Constitution of the State or the
By a replication to the plea an issue Is
made as to tho facts asserted in the return.
After a trial of tho issues tho court or
dered a peremptory mandamus, directing
tho court to deliver Into tho hnnds of the
Fiscal Agent of Morgan county, or into the
hands of such other person as may bo ap
pointed Fiscal Agent, the bonds issued.
There was a motion in arrest, and a mo
tion to set aside the judgment' ol pci
emptory mandamus. The bill of excep
tions shows the evidence in the case, which
consisted mainly of the records of the
county court, containing the order, nnd
oral testimony by the three judges and the
clerk ns to the mode and manner of the
The points principally disputed in this
court nre 1
First. The validity of the fourteenth sec
tion of the charter of the Osage Valley and
Southern Kansas Railroad Company.
Second. That the order of the county
court was fraudulent nnd void.
Third. That tht peremptory mandamus
id not correspond witli the alternative
mandamus, or the prayer of the petition,
but ordered the court to hand over the
bonds to its Fiscal Agent and not to the
The Arst question hardly needs discus
sion. It is too lato now to question the
power of municipal corporations to sub
scribe to railroad enterprises. It might
have lioen bettor if the courts had decided
the question otherwise nt the beginning,
but this court, since tho case of tho City of
Louis vs. Alexander, (decided in 2H
Mo. R., 2MB), has acqniescid in tho goner-
and prevalent doctrine. Millions ol
dolhu-8 have been invested on the faith of
such decisions, and It would be a bold and
azarduus expedient to undertake n now
investigation ol tlie subject. It is true that
constitutional questions are always open
examination, but practically, courts
must regard precedents, on tho faith of
which the people have acted for years,
especially where there can be a doubt con
cerning the matter decided. We believe.
outside of the fifty or sixty cases deciding
such subscriptions valid, there are per
haps two decisions to the contrary, and
they are the opinions of learned and able
jurists, but tho courts generally and this
court among others have uniformly sus
tained tlie power.
As to tlie alleged fraud in the order of
me court, nn iss.ue ot laet was presented
by the pleadings, and tried by the court,
and the court found against the appellant.
1 ne record snowed mat tno court was In
session, and that a majority of the kfde-es
made the order, and coiicediug the right
to show the falsity ol the record by oral
prool, the testimony of the three judges
and clerk fails to establish any fraud.
The peremptory, or final order ot the
circuit court to deliver the bonds to their
Fiscal Agent, instead of the plaintiff was
undoubtedly right, although it does not
correctly conform to tho prayer of the pe
tition, ine tacts stated In the petition,
and proved on the trial, required such an
order, and tlie court may disregard the
prayer of the- petition and conform the
final order to the facts alleged and estab-
Judgment affirmed. The other Judges
Osage Valley and Boutliern Kansas Bail
. road Comvunu, dcfentlant in error, vs.
The Countv Court of Morgan county,
plaintiff in error. Error to Morgan cir-
. cuu court. Avpucaiton jor a manaamut,
KAPTON, JUtHJE, PEUVE11EO THE OPINION
Ot THE COUKT. ..
Tills wat an application to tho circuit
court of Morgan county by the Osage Val
ley and Southern Kansas Railroad Com
pany lor a mandamus directing the county
court of Morgan county to comply with the
torms of a certain subscription to said com
pany of $30,000, made at the November
torm of said court, 1870.
The order at stated in the potitlon, ap
pointed ono Mills as Fiscal Agent ot the
county, and directed him to havo bonds to
the amount of $30,000 lithographed and
to toll them in tlie best advantage and
band over tlie proceeds to the railroad com
pany at the work progressed.
The petition asserted that the bonds were
prepared and delivered to the court, and
City Hows .
A petition Is in olronlatloir, asking tho County
Court to ortlor on election for taking the sense
of the volar of Jenursott township on the pro
position to subsulbe $ot,080 to the Jefferson City
Lebanon anil Southwest Railway Co., payable
only on the completion of the road, with vara
running to the county line. Let everybody
sign It anil tho Court make the order.
8KDALUNS are discussing the street oar ques
tion. - - .
Rev. J. W. Allen, of (H. Louis, will preach
In the Presbyterian Chapel, In this eity, next
Subbsth, morning and evening.
Our readers will not full to notice the adver
tisement of A II. Bnnder A Co., and govorn
F. M. Gray hus boon appointed deputy Mur-
I111I aud night watch of the city, by Marshal Co
llagen, this la a good appointment-
No machine ilHiidsshesilof the New Ameri
can Sewing Machine No. 2, and no homo Is com
pletely tinlsliod without It. The gentlemen who
conduct the sale of these machines are thorough
ly rchuble. It Is a pleasure, always, to meet
such.- Their advertisement giving explicit in
formation concerning the nuchins will be found
In another column. . -
A Ballroad Meeting, at the Court House To.
Let everybody attend. It's object ts to con
sider the proprloty of finishing up our county
railroad on tlie narrow usuge plan. For the
Information of our readers concerning this plan
we reproduce tho following from the Globs of
The dlfferonco between the cost of narrow
gauge railroads and ordluary four feet eight and
a half JiK-h asuuo Is uiora tlnui uhmi luwmin
imagine. There sre now nftoen narrow gauge
rsllrutulH In onerution la thn IInita.1 utmtiu hev.
log 100 mtb of track, and there are no less than
twenty orgsnuutiuiu mm i,wo miles under ur
cess of coiiatruotloii, The roods have boon plan
ned and constructed in the past two yean. The
cost through a level eouiitrv la aiiont aiO.Am ft
mile, Including equipment of rolling stock, while
the broad gunge costs from t86X)t 40,000
purnuie.. , .. . . . -1
BIO LAD EXCITEMENT.
, Rich LoxtM atrnck.
We learn that the mines of "Walkefs Lesd ;
Diggings" about three mllei north of Mt. pleas
ant have JiiaUatruck, within the past week, a
new lead vein of unprecedented richness and
apparent Inexhaustible extent. It b said that ' . '
the prospect beau any thing Joplln ever lisd.or
that was ever seen anywhere. The vela la souie -180
fret in circumference and la found to a do-
posit or clay. It It eislly worked and the mini
ers aro realising an average of soil to tJWO .
pounds or ore a day. Can- this beaten. At
the same time we have word from Mr.
sty, who Is oimratlng In smith Cole.
of the most encouraging character. Be has .
track a vein of extraordinary yield and ts pre
paring to go ahead on an extensive wale in the
development or his worka.
These repeated successes in lead mining In
the southern part of Cole are stimulating a num
ber of our cltlsen to venture their fortunes and ' ."
luck In the busincsa. Thoro can scarcely be a :
doubt of their ultimate success with proper
management. There Is Wealth. hi lead mining
snd most of the people of Jrltcrson have a very '
Imperfect idea of tho extent to which It Is car- -rlf
on In this county. The 'principal shipping
points of the lead piga of the Furnaces of the -south
Jforesn are California and Centirtown.
Jfone of It comet to Jefferson, thanks to the con
ditio of our county roads 10 which we again In- "
ue ine attontion of our Countv Court, askhur
for our suggestion concerning Ihelnaugurtllnn ,.
of a system of Macadamizing their favorable -
consideration. Wo must havo better countv
roads If We would have any of I tic benefits of a
trade with the large mining ponulatlon that la
destined to occupy the south part of Colo.
fcurcka Furnaco near Pratt's Mills has ainal.
ted 18 car loads ol lead sines January 1st, n of
them shipped. Wm. M. Bond is superinten
dent of those, diggings. The prospect Is still
uttering In fact tho whole county abounds
in lead and a largo amount Is being raised.
Ei.HF.wiiEnK In this number of tho Journal
we publish an article taken from the St. Louis
Democrat of last Tuesday, showing that Messrs.
'orry Co.; lessees of the Feaitentlarr. with
the co-operation of lion. . Vf. Fox. have
demonstrated the entire feasibility of tho navi
gation of tlie Missouri rit or wlth.-barges. For :
una exhibition orpasn and enterprise, Messrs.
Terry Co. and others concerned deserve our -thanks.
Nothing can be done that would add
so much to tho prosperity of the Missouri Val
ley us the active nse of the Missouri river in
transportation of Its products. All during the -past
months, though tho river has stood tt ox- '
cellent boating stage, tho most meager use has
been made of It. It would seem that the sur
face of the great river should lie lined with
rafts, "flect-wlnged messengers of commorcc."
Let us hope the time will yot conic when It will
Besides the use which the 'experiment of
Messrs. Perry St Co. has been to the transpor
tation Interests of this' section directly, it will
huve a benefit indirectly, upon the country
around, the cxteiit of whfeh will be with dif
flt ultv estimated.. The value of the stone quar
ries of this -region are hut half appreciated.
Thev are of as good alone as any In the Stale
and far more easily slid economically worked '
than any we know of In the Slate. The navl-
Hon of the Missouri river will new biing it Into
demand and And forlt a market. In connection ;
with this sublcct wo would remark that In our
belief tho atone of tho Jefferson City Quarries
can be dressed with machinery with great rapid- -
ity and less expense limn by hand, particularly
for window cups and sills, comers, coins, etc., ;'
and that'an arrangement fur such an expert- '
me nt deserves a trial. There Is no doubt about -tt
In our opinion that the stone qimrrie or Jef
ferson can be made an uncouulcd source of rev
enue to our people. .
Monday, August 41 h All members present
except H. A. Bragg.
W'angelln in the chair. Further lime granted
Committee to settle with ex-Collector's to make
report. - .
Ordered that that part of the alley between
Miller and Elm streets lying between Jefferson
and Madison streets, be opened and the work
done by Street Committee, as soon as practicable
Committee on Publle Buildings and Grounds.
authorized to employ Mr. Sherer to keep Clly
Grave Yard In good order, H50 to bo allowed
him for putting it in order, and 100 annually,
fur keeping it so . .
Street Commissioner ordered to continue
work on streets under direction Street Commit
tee. . -s
Main street ordered repaired near the rest- ,
deiwe of Gen. Edwards. -
Committee on clalmsdlrcctcd to examine con
dition of any claim the city may have against
M. Wallenuorf on account of saw mill being on
the street, and Messrs. Miller and Haar added
to Committee for this purpose. " .
Messrs. Miller and Antwcller appointed
Committee to draft an ordinance relative, to a
court of appeals.
Tlie following accounts were allowed :
H O Tillman CM 00 .
J U limns ISO
J no B Hatting
Albert Suhroer.... .
M Sl J Obermavcr
V Zepjientleld. ...
Bush & Beckers
K W Parsons
Jim tfchktl ,
M J Obermavor
A ugust Krainp
Henry Wekarap. . . .
F Krelx, on bridge
" on uavenienU....
Oh as Brown i
C F Robinson
. 88 tW
. 88 05 :
. 10 611
. 88 03
. 6 0O
. 8 00
. 22 7ft
. ail i
, a at
. 10 I'l
. 81 (M
. 11 to ,
. IBil oft
. 20 00
. 11 7 :
. to m
. M 0O
, ia 00
. 70 00
.118 80 :
78 TO '
Communication from Dr. Elston reud and
pond on Main street ordered to he drained.'
Mr. Miller presented a resolution which wat
adopted : That tho city lob printing be award-
oil to the State Jouiinal, provided they wll
do it on the same terms that the Tribune pro-.
posed to do It.
Mr. Antweller nroipiited a resolution to et- "
lahlUh a special gas metre, adopted.
Mr. Miller offered a resolution which was
adopted, authorizing the Fire Wardens to soil
the Hand Fire Engine to tho city of Mexleo,
Messrs. Miller and Harding presented their '
report of expenses to and from Fort Smith Hall- '
road Convention, amounting to tl6 06. War
rant drawn for balance due.
Adjourned till 71 p. H., at which time the bill
of Langerhaut ft Ibwkby for tlW8 33, was ou
motion of Mr. Eaton laid on table.
Mr. Antweller presented a petition from va
rious oltizen asking the Board to prevent Peni
tentiary guards (hooting In tho streets or insido
city limits, which wasaaihrred to a special Com
mittee consisting of Messrs. Miller, Eaton aud
Anlwellor. r". :
Mr. John Antweller presented a petition ask- '
Intf the Board to pay him for a eertaiu horse
that bad fa! ten from an embankment en Karri
son street and been killed. Referred to pacta! '
Committee, - Messrs. Fittpatrlck, Eaten ami
Hssr. -.-- . - , , '
Adjournrd'tili Saturday evening at 8 o'clock.
iri.i"i ih 11 Y n fir nfy i-Wil 'mtmt itiii fnn"n
E'ea'i, ia alT-niaiititi'i hi