Indiana American, Volume 23, Number 47, Brookville, Franklin County, 9 November 1855 — Page 4
THE miW PARMOR--DEVOTOD TO WW TRUE INTEREST OF FfiRRlERS, taS,: AHO"- IVOHUinö Ml
Arrant-tea tit CczzxVAj tt the lClit C-ctioa of tho C:hc:i to ci" Unci Cth, Thc0Csa on'jlnsta ao.tr the act of the General Assembly, approfcJ2rnrchth(i::3,fßt:'?iuAnictto proviJo for apcneral system of Common Schools. the) of! c era thereof, and their respective duties, and rosttors properly connected therewith, and to establish townr-hp librrrlca, tJ for tht regulation thereof." VUe Acts 1353p. 1G1. ' The follow in i U the 97th section of that act: "The iUate Superintendent hall annually. It the fourth Monday
la April in each year, make out a statement showinjj the number of
acnoiirt ii rieb county of the Stite, the ataountof the income of the corrnon school fund in eachcuunty for distribution, an the amount of taxea collected fur school purposes, and shall apportion the stiae to the levcral counties of the State, according to to the enumerstioa o( scholars therein, without taking into consideration tha confesaional township fund ia such distribution.". After taring in this manner furnished tha" basis for tha distribution of the income of the common school fand and amount of the school Uuc for tho current year, amongst thi several ctruntiet, the act precribcs, in its 201st icctioo, the method of distributing in tch county, tho sura so apportioned to it. It U as follows: MTb treasurer of th several cownUas shall annually, on the third Jlondsyof 2Iay,mako didtributioa of tha Income of the common school fund to which hU county ia entitled, (upon tho warrant of the county auditor) to the several townships, and incorporated cities and towns of the cuunty, which payment shall be made to tho treasurer of esch township, and in making, the said distribution, tha auditor ahall ascertain the amount of the congressional township fnnd beloiinjto each city, town and township, and shall ao apportion the income of the common school fuud, as to equalize the amount of available fund la each city, town and township, aa near aa may be, accor.ir.j to the number cf acholara therein; Provided, hemver.': That in no caso shall tha concessional township fund, bo diminished by euch distribution and diverted to any other township." - . '! It is alleged in th complaints that, according to the report made by the Superintendent of Public Instruction, there is duo to each of a aid defendants the sum of serenty two cents for each child in the several townahipa entitled to- participate in tho distribution of the income of the common school fund, and of the annual tax levied for school purposes; tbst, however, the plaintiffs, assuming to be govern ed by the 10 1st section of said act, above cited, refuse to distribute the rropottion of said moneys, assigned by the Superintendent of rut lie Instruction to 1'raoklin County, in such a wsy as will give to them seventy two cents per cdjiM for the children between tho ages of Ave and twenty one years; but, on the contrary, that tho platr.tif, with a view to equalizing amongst tha several congressional towntbip of Franklin county, the disparity in theirseveral congress. or.il township funds by means of an unequal distribution amongst them of t!.3r.oneyso arisln? from th iucomo of tha common school furJ.iuJ from the tax levied for school purposes, aro about to distrl but a to them a less sum than seventy two centa per capita; and to oher concessional townships, whose township fund la smaller than t-st of tha defendant-, a lxrjec sum jot capita than seventy two cent, . , " v ; On thesfl complaints, the proper steps being taken, injunctions wera allowed by tho clerk ol tho Franklin Circuit Court. At the Air--t term 1825, the plaintis demurred to the several complaints, aa cot containing facta sufficient to conatitute a canso of action. Tha demurrers were overruled, and tho plaintiTs declining to an wer over, the lojunctions wero made, perpetual. The Court also directed such a distribution of the moneys set apart by the Superintendent of Public Instruction to Franklin county, as would give tev entv two cent per copita to each child entitled to tuobencllt of the cowmen school fund. From these Ju-jmeuU tho plaintiff bring their sppea I to thi court. i 1. The dofcrjJacta contend that tha 101st section of tha act of tTarctifith, 1833,1s votJ; Jfrf, becausa it conflicts with the act of Congress under which they derive their title to the Congressional towr.;lip f j cd ; ar.-, ircond, because it violates tho constitution of the Cute First: The question whether the Legislature can divert from the ish.tiu&ta of a congressional township their congressional township fund, waa examined, and decided in tho negative, by thie-.Coort, at its November term, 1854, in the case of Tha iaia cf Indiana, and othert, w. ' Springfield Township, Franklin County. Vide pamphlet report, p. 23. The act of the Legislature which tn that ease waa pronounced anconstiialional ard void, proposed to consolidate tho congressional township fund with the other funds enumerated In Öec. 3, Art S, of the constitution, and to distrlbuto It throughout the State, Alter reviewing the acta cf Congress and of tho State Legislatur on this subject, the Court use the emphatic. Isnguaga which follows: MIn Construing langusge ao plain, the only mystery le, how it could ever havo given rise to any doubt. With the terms of the grant' in view, the very statement of the question seems equivalent to a decision. Had tha Legislature passed an act consolidating the property of A, and D, diverting It from their exclusive use, and providing for tha rateable distribution of its Income among A, D,C, and D, the case would not be aa strong as this. Yet the unsoundness of such legislation, as vi elating fundamental principles, would not admit of doubt. Every one could see at a glance its vlclons , tendency and , dangerous aa sumption. That tho inhabitanta wero quasi corporations, called Into artificial existence by the Legislature, tnd strangled by the same power, when their funds wero wanted, doea not seen to either die t!r-u;;h the case, nor Justify the act.' , , , i,y . carefully written and elaborate judgment, the Inhabitants cf the several congressional townships sre declared to be the owners cf tha congressional township fund; it is their private property; they 'a!ose sro entitled to Its beneficial use; the State is but a trustee, and eir.notbMrclcsso'! from her duty as trustee to administer it faith fully and exclusively for the benefit of the inhabitants." Tho relation of the inhab'.canta to Congress ia recognized as that of contracting p:rties. "They are tho benUlclaries of the charity. The g-ant once raado to the Inhabitants cannot bo invalidated. It is a contract er?cntsd, which even the sovereign power cannot revoke." , . A efireva elTurt, therefore, by the Legislature io divert or appropriate this fund violatos the terms of the original grant; violates the
constitution of the State; and Is equivalent to the usurpation by a trustee of tho property of his cestui que trust. , ' The legislature, foiled by the Court in this open procedure, goes ahgut, by the act in question, to accomplish imlirectiy tho identical thing attempted, In the school law of 1852. The principle of the two acta esnrfot be distisgulshed. Tho act of 1852 boldly laid hands on every dollar of tho money belonging to every congresional town ship i:i the State, and applied tho income arising front it precisely as tho annual school tax is applied, by a uniform distribution throughout the State. Theictol 1855 differs in its details merely. It af. fect.1 not td touch the congressional township fund. It dirocta the BuncrinU'nJimt of Publio Instruction to distribute to each county such a sLro of the annual tax levied for school purposes, and of tho In couie of t.'ie common achool fund, as the number of its children will entitle it to. Whan thi sum la reported to the county o(Q fers, thry aro to cast about t loam what inequalities exist between the several congressional townships, by reason of the disparity of their congressional township funj; and in dividing amongst them th Is sum so reported by tho Superintendent of Publio Instruction, they tball remedy this disparity, In their several counties, by making p partial and unequal distribution of that monoy; without, however, divcrtisg or reducing in any congressional township tho. amount ol the congressional township fund. It I conceded that hero U no seisure, nor appropriation, nor direr Ion, lu any direct sense, of the congressional, township fund. Itut
the equivalent of that result 's attained by this legislative juggling,
as elU'ctuai:y aa it would nave been had the court not throttled the act of 1332. The present act makes It a species of disqualification to bo Interested In the funds of a congressional township; and because a township has sach a fund.wbiJli is its private property, held
by a title thateven the sovereign.'power'cannot revoke; and which must Us appropriated faithfully to its exclusive use, this Is made a pretext
for deny in? to It a fair and equal participation In the distribution of
fubtic fund. In which all the citizens of the State have a common nterest, and of the moneys arising from an annual tax, to .which all
the tax payers of the Sta'e have contributed. The opinion of the Coort.ln the caso above cited, furnishes an il
lustration of the pertilclous character of this species of legislation.
"Had the Lecrislsture parsed an act consolidating thoDrooertv of A.
and U, diverting it from their exclusive us, and providing for the rateable distribution of its income among A, B, C.and L), tho caso would sot be at strong" a the diversion by the state of Fthe foods of the
tnwnxhlp. Such is tha language of tha Court - But did the law pro
vi :a that th) County Auditors, and Treaaurers, before distributing
i-3 proportion or acnooi tax, ana oi ine income or toe common school
f.'-J, fiiLrj to their respective counties, should canvaii tho dupll
catea and ascertain the disparity In the fortunes of the Individual
residents ol the counties, and by an unequal distribution of these moneys, remedy, ro far as such a division would enable them to do, these diversities of condition; what could bo thought or said sufficient
ly contemptuous. of such legislation! And this is the casein hand.
Huppt the case, that no congressional township fund existed. These diversities In the amounts of those funds, which teem to bo a "stone of stumblingand rock of offence'' to our Legialatnrcs, would have no place. Yet some other pretext, equally sagacious and hon prable might be resorted to for tho purpose of. lustily log an unequal divUlonof these fund. Would it, then, be In the power of the Legislature, under tha Constitution of the State, arbitrarily to make amongst tho dtffcrcnt congressional townships an unequal distribution cf the moneys raised by a school tax, and from the Income of thecommon school fund! And In tho consideration of this question wearo to look upon tho right of the Inhabitants of the congressional township to equally participate In the bencfita of our political orran Izailoa. trout tho me olr,t of view, as If the- had no concessional fund whatever, t or It la their private property, in the enjoyment of which no man, nor btate has the slightest authority to molest or make them afraid. The principle Involved, la the two acts-that of 1852 and thit of 18-05,-U tho sam. The mod-) cf Its application difJereJuat as fraud difers from force. The one assallsua as the dob of the rufllsn.who makes his open attack In the highway ; the other Is the handkerchief of the no- . litsr pickpocket, steeped in chlajrofortn. Under either process, whether by violence or trick, our money U taken unlawfully. We Insist that no such indirection" shall bo tolerated, j States are as much bound by tne ordinary principles of morality, as private persons. They have no right to "shorten the decalogue." The arts of ctrcumvention should have no place in the statute book of a free peoplo. And it Is one ol the oftces of Courts of Justice to see, that the ends whose dlrct approach I prohibited, arc not attained by any circuity. Tho determination of this court to permit no evasion of the real poir.tlu Utuo In the former ease, the right of the Legislature to ap proprlste the fund belonging to the inhabitanta of a congressional towr.'hlp ia Illustrated by the undisguised contempt with which th?y dispose of tha objection, that the construction of civil township virtually repen.ei the law which organized the coares$hnal townships into bodies co'porate. The reflections of the Cocrt,upon this head, are so pertinent, and seem ao atrongly to express a d.a'.nclination to favor ebjacttona founded upon the misconduct of the Legislature, that we beg leave to recur to them: "It il further insisted that Üo congressional townahJps wero mere
municipal corporations, existing at the. will of the Legislature; and that the act creating civil townships with corporate powers, repealed, by implication, the former acts." "Uutsvtn If thin position wer admitted, U U not perceived how it could enure to the benefit of the State, or give her any better right to divert the township fund. The property of the dcceaed dope not ordinarily fall to the party who gave the fatal blow. . Tho artificial person created by tho State, may have been brought to an untimely end by the same power; but theeflects of the defunct corporation do not, the-eby, escheat.. The inhabilints still remain." "Siuce tho State cannot in any event divert the fund.it would not bocome her, if she could, to repeal the corporate powers of the inhabitants, and thra embarrass tho adm!nitration of the school funds. She would not thus needlessly compromise her dignity and good faith by assuming a hostile attitude to any portion of her citizeus. She would rather confer on them increased facilities to administer their school fund efficiently." - The answer to thiswise and temperate ujrzestioi) followed swiftly in the aJoption of the a:t of 1555. Certainly that enactment evinces no disposition to maintain the dignity of tho State and preserve her good faith inviolate. On the contrary it ia a measure tending directly to embarrass theadn Inistrsiion of the school funds. Instead of affording Increased facilities for an efficient management of these funJs, the same hostile aud unnatural attitude towards a portion of the citizens is persisted in. Hut the Court wouli not listen to the ub itaclen which, In the former instance of Legislative usurpation, were urged upon them, as growing out of a repeal of tho corporate powers of the contrressiunaltownshins. The maxim, nidi us
wmmoJum capcrt potest da injuria sua propria, , wis, in that instance, applied to the State with the unit judicial inflexibility with which it would have been brought to bear upon a private person. The legislature was driven to respect the private property of the townships, and to avoid openly Isying hands upon it. But a resort I, immediately had to evasion; and the wrong which the Court had employed its functions to redrew, is, notwithstanding its exhortations to a higher standard of legislative morality, promptly repeated. Second. . Not only is th section of tho school law under discus sion void, as being in conflict with tho act of Congress; but we further argue its invalidity, on the ground that it violates the constitution of the State.. Section 1, of Art. 8. of that instrument rum thus: "Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encoursge, b)r all suitable means, mors!, intellectual, scientific and agricultursl improvement; and to provide, by law, foro gwral and uniform system of common schools, wherein tuition shall be tcilhont charge, ami ttpially open to oS." It Is matorlal to consider how we ahall understand this phraseology, which requires in our public schools, a general and uniform system of gratuitous teaching, equally open to ell. To accomplish this benevolent design, a fuAVl must be croated, whoso income shall bo adequate to the necessity j or an Jinuual tax for school purposes must be levied and collected. Under our present system both these elements aro found; our common school fund yielding an insufficient income, an annual tax ia employed to bring tho sum up to tho proper amount; The common achool fund, composed of a variety of elomcnts, ia defined and consolidated in Sec. 2, of Art. 8, ol the Constitution; and amongst the rest, the congressional township fund i.i enumerated. Cut for tbe purposes of a general and uniform system of publio education, that fund runnot any longer bo regarded as a portion of the common school fund. Ills private property, , belonging to tho inhabltsnts of tho several congressionsl townships. The mesns being provided, from sources in which all the people of the State have a common interest, how .ia this general and uniform system of free instruction for all, to bo organized Upou some broad and compruheusive plsn, one would nnturslly conclude, in which no exceptions are admitted, and no partiality Indulged. Out If the private wealth of a citizen shall bo looked to, and he shall be required in wholo or in part, to rducato hie own children, in order that the benefits of the system shall be more liberally be atowsd upon some neighbor, whose wealth Is not so great; if he shall be thus restricted or denied in his participation in tho system, it tbeu becomes a very transparent absurdity to apeak ofthat system as beinggeneral and uniform. Tho man, who for his comparative wealth, is deni ed access to the schools, or at most, barely permitted to get ono foot within the door, may justly suspect there Is some delusion about a system which promines, for his children, "tuition without charge, and equally open to all." The self-evident character of the principle wo are now discussing, renders argument difficult. The congressional fund being the property of the inhabitants of the township, a much as the farm of John Doe and the bank-stock of Ilichard Hue, sre their property, it Is ss Iniquitous to scizo the ono as to seize the other. It must, there fore, be equally Iniquitous in the one case as In the other, to make the title to one's private property a prtttit for depriving him of his full porticlpation in that to which he has a right in common with all cltlizens. aa It would be tj seizo at once upon his private property, aud appropriate it.wlthout adding hypocrisy tololence. If this right of tho Legislature t j discriminate between Individuals or classea be admitted, how shall its bounds be determined!
Here is the argumentum ab inconvenienti, in all its vigor. If because Congress has donated to a township a certain quantity of school lands, or achool money, the inhabitants of such townsMp are tho less entitled to aharo In tho benefits of a system of public schools, it
is but a step farther to say that the man who has received a pension
or a warrant for bounty lands, shall jikewMo bo restricted. Ana ll a
private person makes a gilt or
ment ot schools, It is equally such a foundation from a share
itequcxt of property for the endow
ut to exIudo the beneficiaries of
n tho senool moneys, as to exclude
those who derive their bounty from a publio source. And this argument applies not merely to the classes amongst whom a discrimination Is attempted, tut also to the degree to which re
striction may bo tarried. Tho right to restrain logically draws after it, tho right to exclude. In tho. present cases tho defendant are shorn of nearly ono half of what they conceive they aro as murh entitled to, as any other class of citizens. - Shonld they foster their congressional fund and increase ita income, while other tjwnshins
in the county neglect or waste theirs, they soon discover that the
diligent are punished for their economy and thrift, while the penal
ty exacted Irora them ia handed over to their careloss neighbors, as
the reward of negligence.- This modo of distribution Is a "sliding
scale," by which the money nf the publio Is dispensed upon tho
vilest principle, a principle of moral inversion,' that abstracts from
one's store in the proportion that his Industry increases it, and add
to It, in the proportion that hi Improvidence lessens it.
A refereneo to the language of tho 101st Section will show tho ex
tent to which tho county officers are authorized to go, in applying
thi principle of discrimination, lit an ingenious uso of terms, in
a a t a. a as
steau ot upeniy expressing wnai wouiu nave eounnou naran ana un
generous, Instead of declsring, that, ir necessary to bring about
the equilibrium desirod, those officers nil bt withhold from any congressional township tho whole r-f tho school tax and of tho in
come of the common school fund, it Is fouud convenient to protend some respect for tho congressional township fund; and the authority
to utterly exclude from an participation in tne otucr money is couch
ed in the delicate assurance, that the income of tho townhip fund
shall in no case be diminished or diverted. Hut theso words simply fix the limits of the equalizing process. To that point the county officers may go, tho point ef abstinence from a diversion or diminution of tho township fund. They may absolutely deny. to the township, whose congressional fund will allow it, any share whatev
er in the school moneys. It Inhabitants may bo absolutely cut off,
not only from tho public lunu, in which tney have, in common with other citizens, an interest; but from any, tho slightest participation
la that an njal tax to which they contribute their quota. And, In
this way, we Insist, by tho operation of this section of the act of
1855, 'a general and uniform syxtciu of common schools, wherein
tuition shall bo without charge, and equally open to all," is over
thrown. :
It Is equally clear, we think, that tho spirit of the provisions of
section 3, and 4, of tho same article of tho Constitution, is violated
by tho act in question. Those sections provide that, "The nrlncl
pal of the common school fund shall remain a perpetual fuud, which
may bo Increased, but shall never bo diminished; and tho income
thereof ahall be iuvioUbly appropriated to the support of eommou
schools, and to no othr purpose what-vcr. Tho General Aasembly
shall Invest, in eomo safe aud profitable, manner, all such portions of the common school fund ashave not heretofore been entrusted to
the seversl counties; and shall make provision, by law, for the distribution among the several eout'ties, of tho Interest thereof." The
Constitution imperatively requires a distribution amongst, the srvrral
counties, oi mis fund. And this provimon is In strict harmony with
all the previous legislation on the subject. The common school fund had always, before tho aJoption of the Constitution of 1351,
oeen equally distributed sinongst tho several counties of tho State
in proportion to tho number of scholars in - each. And no other
meuntng than that which gives a share to each county, on somo
basis et equality, can bo attributed to this provUion of tho Constitu
tion. It is Illustrated in the next, (tht, 5tli.) section of the ssme arti
cle: "If any county ahall fail to demsnd its proportion of sucn Interest,
lor common school purposes", tlio same shall bo re-invested for the
benefit of such county."
it may do argueu on tue other nana, tint mo Act or 1800, doos not fall to meet this demand of the Constitution; that it provides for a distribution of tho School fund, equally amongst tho several counties. It msy be urged, that the object of the Legislaturewas to bestow, within the limits of tho different counties, the fuud.1 for education, so that each township should be trs nearly equal as possible; while tho principle of equal distribution amongst the counties was religiously observed. But the evil which, It msy be insisted, tho Legislature proponed to remedy is older than tho Constitution, and was known to it framer. Tho argument founded on tho circumstance of an inequality In the amount of tho Congressional fund in tho several Congressional townships, overlook the fact, that there Is porhsp-as grout a disparity a tctwen the several countiis, In the aruuiit of the Congrealoiial township fund, as Ixtwetn the different Congressional townships in any one oflhein. Under tho lOlst Section or the Act ol 1855, something like equality amongst the several Congressional townships, in a given county, may result; it may bo approximated by unequally distributing the other school money, ilut hows are the iaoqualities aiuotif, the several counties to be remedied I Wo have not at hand the u cana of showing what thi disparity is; but it i doubtless very great. It constitutes as great an obstacle in the way of a goneral and uniform system of public school, as does tho Inequality between the diffcreut Congressional t)wnships. The evil complained of then, I not removed. ' It cannot bo until the aggregste congressional fund In each county i the same; or can he equalized by unequally distributing amongst the different counties, the other school money. The Constitution, which evidently contemplates a principle of equal distribution, will not -How this; and so the fund are sent to each county in sums prjartioncd to the number of children between the ago of rive and twenty. one, ru-ldiug in each. Tho spirit of those sections require, then, that this distribution ahall be made, within tho limit uf tho several countles.on tho same basis of equality, that governs, in msklog it between tho couuties. Tuo7iatiec.ofArt.tf,oftho Constitution provides that, "Ail trust
fund, held by the State, shall remain Inviolate, and be lalthfully and exclusively spplied tu tht purpose for which the trust wa created." Under this section, this Court, in tha cuso already frequently referred to, decitto that th distribution of the Congressional fund, con. templatftlby the school law of 1852, ia In violation of tho Constitution of the Htate. - . "From that period," (1833) say tho Court, "up lo the scninn of the Assembly of 1851-3, though the subject of diverting the fund was agltsted, as we have seen, the wholo tenor of legislstion U continued recognition of th right of the Inhabitants to tho exclusive us'j of the CongressionsI Township fund."
"luven ss late as 1840, when many radical changes were introduced in the mode of sdminisrrring the trust, the township fund remained unimpaired. The LegUlature carefully guarded sgsinst any misconstruction a to the Integrity of tho fund. It is done in these memqraklo wordf.evinclng a full knowledge of tho history and purpose of the irrs nt, as well ss a just appreciation of th sacredness of the trust: 'Provided, that nothing herein contoined hall be so construed ss to divert tho fund commonly called tho Congressional township fund, or any part thereof.from tho object and purposes for which it was createcf by Congress.' Gen. Lsws, 1811), p. 133." That recognition alone, thirty-three years after tho grant, mieht, it should seem, suPJce. Such intelligent appreciation of a public duty in the administration of a public trust Is grateful to contemplate. It fut-weiglia a world of vUicnary theories, which would place any faucied expediency above the public faith; or inaugurate a new 1 era in education by an act which it is not essy to distinguish from a breach ol public trust." No comments we can make, will add any thing to the force of this language. The State as a trust go Is not 'only forbidden to divert or misapply the trust fund, but cannot "be released from her duty as trustee to administer it faithfully and exclusively for the benefit of the inhabitants," to whom it belongs. Un this ground, with others, the legislation of 1852, was proncurctd invalid. The indignant language of the Court on that occasion could only have been provoked, by the contemplation of what was regarded as a gross publio outrage. But in that instance the result attained were little different
front those that would grow out of tho permission of such legislation
as is found in the act ot 1855. -TuO township fund wss indeed taken bodily, and commingled with the othettfust fundi of the State. Out a proportion of It, iucreased by the distribution of the income of
the other funds, and by the school tax, found Its wsy back again to
Hi several township treasuries. It amount, thus increased, was about the same that would reach the township treasuries under the operation of tho law of 1855. The result, es woll ss the principle,
of the two laws is similar.
This, then, is the second instanco of a breach of trust. The
trusteo could not be satisfied with one abortive eflort. The pres
ent outrage Is aggravated by a duplicity which seeks, though sub
terfuge, to evsde solemn obligations, and to turn aside the force or a
decision rendered by the highest legal tribunal or the ötatc. Nor is It any answer to these argument, to say that the Imper
fection of human legislation does not admit of an equal application of its benefits. - It might havo been well for tho legislature had thi difUcuity been considered before t'io law was adopted; for it is this Utopian idea which has induced tt to seek equality by means of injustice One form of inequality, tho unequal distribution ef private property, is regarded ss an evil, and i to be remedied by another species of inequality, that of the partial division of a publio fund. Tbo duty of approximating equality In dispensing tho blessing of government! nonetheless obvious on account of it difficulty. And
whatever tho difficulty In other Instances, none Is to bo found In this. None has been discovered heretofore, when the enumeration of the children, who are to be the subjects of education, has afford-
d the basis uf a division of moneys provided under constitutional
limitations, which look to free education for all. And if upon gen
eral principles, all th people, so far as practicable, ought to be
regarded iu the exerciso of those function which they have d elegated to the Legislature, a fortiori, It may be argued, should every child in tho State, be permitted to share in the division of a fund, which
by the organic law, Is pronounced to be tho vohicle for a Cheap ana
universal education. - '
II. The defendants further argue that tho distribution proposed by the plaintiffs la unauthorized by the terms of the act of 1855, it
self; that no authority can be found In the 101st section for any application of the equalizing process to tho moneys raised by the
annual school tax; and that the income of the common school utnu, were the law ever so valid. Is the only money that is directed by it to bo disbursed upou that principle.
The 07th section of the act of 1855, it will be remembered, mnaea It the duty of the Superintendent of Public Instrucliou to report to each county "the amount of the income of the common school find In each county for distribution, and th amount of laxa collected for school purposes.' 1 n thi section the distinction is carefully preserved between the two sources cf revenue; between tho Income of the school fund, and the amount of tho school tax. The defendants complain that tho plaintiffs refuse to regard this distinction between a fund and an annual tax, and propose, in their distribution within the county, to treat the avail of both these source as one, and to employ them as a unit, in leveling the Inequalities between the funds of the severs! congressional townships. And for this cot. fusion of tho means derived from these distinct sourcos we are unablo to find any warrant in tho law of 1855. Its Isnguage, emp.oyed in the 101st section U sufficiently explicit. "In miking tho said distribution tho auditor shall ascertain the amount of the congressional township fund belonging to each city, town and township, and shall so apportion the income of the common schooffund, as to equalize the amount of available fuudsln each city, town and township, as near o may be." Nothing can be clearer, from the terms here used, than that the lncomo of the common school fund is the only money tbe plaintiff are authorized to distribute unequally. If it can be shown that this languago embraces the money resulting from the annual tax levied and collected for school purpjses, our argument U unsound; but until that can be doue, we shall Insist, that tho sum rsUed by taxation must bo equally distributed; or, in other words, thnt it shall not constitute an element in the process of equalization. A fund Is defined to le, "money whose Income Is net apart for the support of some permsnent object." The common school fund has its component, ports carefully enumerated In the Constitution. Of these the annual school tax ia not one; as it would have been an obvious absurdity to introduce amongst the element of a settled and compacted fund, one io variable and uncertain as an annual tax. It is, consequently, not there. On what ground of Intelligent reasoning can it be considered a part of thi fundi The second section oi the act of 1855 recapitulates the different Integral parte ol the common school fund, aa they are set forth in the nitnutitiitlnn nmittlnr-. as was tendered necesarv bv the derision of
this Court, the congressional township fund. Dut that section does not pretend to recognizo the school tax ae apart of the school fund; it simply declare that the tax and income ol the fund "Shall l e applied exclusively to furnishing tuition In the common schools of the state." A further scrutiny of tho longusgo of the 101st section makes the impropriety of this confusion more glaring. The common school fund is a perpetual fund, the principal of which, cannot bo diminished. It is made available by the expenditure olits income. If It is possible to recognize the annual tax as a part of the achool fund, to what depth of stupidity must we descend, when we treat it as part of the income of thecommon school fund! It becomes, at onco, a part of the fund, and a part of the lncomo of the fund. It cannot be regarded as either tho ono or the other; but simply as a supplementary thing; a tax laid annually for school purposes, to make up the InsulBclency f tho school fund. It i entirely dintlnct from, and independent of, the common school fund, and can only be disposed of by its peculiar and appropriate description, ' 1 (1KO HOLLAND. J. D.110WLAND.
f
MCINTOSH. SAIfOMttl Having now reccivciWheir entire - assortment of
&:!2:H:'ÖÖÖB.S
v Queencsware, Hardware, IIOOTN AMU MIOr.S AC, AC, ' net loaro t Innirm ths pip! t !! the adjoining worlds Dial they r nw I reps red t II tu lli. lr i4 frlo' d. (and now ) elegant at-lor rnla,al ninr i-lrall price, than ar aoi1 at any olhor lnr tu Ilm Matn. They i:arnetlr "equest That all aoolJ rail sod amlna thilr fioU, wholhertboy Intend o buy nr not. And tliua If a Person Should Not Buy U wiiiiM Impart lh vuluaMn Information to othftr anl bo tha mean of dnlrg tuucli good to offörlpf ImmauHy. All Ihn'r Stock belna rntlrely New, norm aa an linlncrniwnt lor vverv on o f Ifa UVt IIITK WAT Kit VAI.IKV II.Nr"aall. t;onuravtlta, lnd, may H'.VJ ly Wiint.tuii A Kktail lai.taiia Dry Goods, Carpets, Paper Hanjings, v CHINA, GLASS AND QUEEN 8W ARE, ItootSf Mioes, lints taps, Mruw Lieodl Ac, AND MANUFACTURERS OF LT AM 71 ANTI iXAWa CONNEESVILLE IND. ' may ! 'Si ly
S. JKXNINlll.
i. srrmrmn.
J. TURK,
JISIII Wf IEI19 & CLM W HOLLS LK Nn.-1l MAM KTItl'I'T.
WK.ST XI I'fc . fKfOMl lioiilt AHOVK K1XTII,
aiki wo. mau -.ircrtt cnrciHNAn, o.
cso. saMros,js.
-Si
CI
a. m. asnstwi.
. imfortknsasb phi amis Clilna, fitaaa aud Qurtuawmre, Jto CJ Main Mr"t, 3 door below third, msy icly Ct.M.'l.N.NATl.
Joy to the World. VOTWrritSTAKMNO tb 'HaM Uwios, sry. bdy tnmna dlrmind In hava a Murk Mov. Coma on, frlcin.im I nv Jut rrliirnod from Ilia City wllha rro'l) iiipl'ly. snd wi b which I think I wlllbssbls tosiipfy th IiuTciikIih Iniimml lor thi popular toa. All lhl ar acinalnlad
with In ninali aU-Mild coin and try It lr thmrlM. If yoa arsln doubt a toll ufoiior iual-
Hl, I can gtva you Iura hundrad rolorttucoa. ALSO, A lnr number of tho.a beautiful am! popnlnr )'riM luv on liauil; very heavy and SiiraM. fr-mlum auneaof all alar aud tluda. l'srlor, Mantlng Mona, Hc4 not llouss and hlxp Miova; to ull sIL A COODaaaorliuonlof Ua wars cuuttanlly e MtKCllAJtm tan ts sntlplM at CliiclbiiaU prlc!.
Tf 'f'lloaaawork doue to order on iliort notlra. 1 lank lul for Ilia t Uor I wuuld HU oliclt
S llisr or iiitiliC nalroiiHKS. A. II. nu Kit. Couiierivtltu, Hay itMimo.
ASA IGLKUART, (La.t-of.aiiJ Huecaiaorto litjfl, Wht-l-r4 tgl hart In Kl h.luU Arnu li',) Attorney hi Law und IteullCalute Agent, -WlllaUanJ 10 lbs ColWtlou of DlU, the pur
rhaMiandaala ol Kal U-Ulaand all other pro-
ifraalonal bualnva Inlrualnd to Mm la Vandvr
bur-h.Rnälbss'IJ'iiRliigeosnllvslu ladisna. - IQ"0ri BOV.BTHa C 4ULB.aa, KVA.NtfVH.Li, tNWA.it A.
' SAMUEL 5IAULATT, BLACKSMITH, MslnNtrsH.KoutanfUi". fubllr Kinr-,Ka.tld
iirook villr, I ml.
LL KINDS OF BOLTa ANS M'raw inaada at Hi- aliorivat no-tic-iinl ts ths bt manner ALKi I pat parUonUrniUullonUJ repairing allklniU of Mkt lilnary, warranted l.t b a woll diMia and at st low pi Irr
si can be found suy where In tho Wext.
-1,
lulil
STOVES AND TIN WAKE.
-,x '" '
'John' speech gets reported without lis trivity or consent, floats oirto Waahinirton, whero tho 'Union blows it up an blue-
John Van Burea The Washington Union and the Democracy Generally. Our readers are nlready awsro that tho Washington Union read 'Prince John' out of tho Dcmucratic party, on necount of tho Freo Soil tendencies of ono of lm recent sheeches. Tho Xeto York Tribune thus burlesques the affair under tho head of ''Jokca of tho season." 1. John Vim Duron invites himwlf up North nnd makes speeches nt Canton and Oswego, showing how one may vote tho Soft ticket nnd atill pretend to bo a Freo Sailer how such a vote sort o' indorses the Pierce Administration nnd sort o' doesn't and how wo may go the cVjuitttcr Sovt rinty doctrino for Kansas with a mental reservation thnt if it should lend to tho ustab'Uhment of SUvcry in that Territory, then , wo will repudiate . the
wholo thing.
and floats oil to Wanhinj-t
lirht Federalism, und impressively reads Mr. John out of tho par ty. 3. John responds that if Pierce dtt'o. can get a half-wny cn
lorem.nt in N w York, they may think themselves lucky; that
if his speech whs a b.vl one. it w.ii m good as the cause would admit of; and that if tho Administration want this . Statu carried, they must let 'hose alone who are to do it, and not tu in;; their noses down to tho Atchinson grindstone until after they havo finishm tho iob.
4. Tho Union shuts up; the publio Inujlis riht out; while John
snickers quietly in his slcuvo and comes liomu to help engineer tho conversion uf the Barnburners to tho faith ns it ism Douglas
and Oov. beymour. Seed Corn.
Wo take thit opprtunity so as to be in season to remhid our a a aaa
AxricuHurul friends that if they would liave the best aevd corn.
ami improve their kind for another year, they must not neglect to st loci tlie earliest nnd faircnt cars this f.tll, nd preserve them
carefully for seed. They may be gathered by tho hand (torn the field as soon as tho husks turn white ; nnd should then be traced and hung up where the air willcirculate freely ull winter, and whrru the nte und mice cannot reach it. In all fields somo ears nro earlier than others. The earliest, selected for sued, will inburoafield nearly the whole of which will bo ns early next year as tho cars gathered for seed this season. -Uwral.Vew Yvrl er. Somk or th Kr-KKcra or tiik Pkvjtn. It appears that all is not gloom and darkness some of thoe who were fortunate enough to escapu thu ravages of thri t pidemio uro beut upon Keeking sublunary lispjiinus, denpite the ordeal which they have passed. , Wo are credibly informed that the nuptials wero celebrated a fuw days einco between a widow iw.d widower, the husband of the former having been dead juat two weeks, and tho epouso of the latter de ceased fivo weeks previous I Very quick work that. 'Timet,
THE TJNDEESI05ED WOULD INFOBM lliaciliaoua ot Drookvlllo, Melniuora, laurel and olhe plarea Hint he f lu vt to Weep on band a foodiupply or TIM WAKbaud Mvveauf nil Mntta, nt tila Store In HETAilORA, IND., Wlierr ho weuld b ii!rd loaooinmoilato sll'of Krank tin County Wult Movr, at city prtora, alo, SEI7-SEALI50 FBVIT CANS Ofvarlna kind, and Ilia routntnn t'uu aUo. trdr from Urook villi or Lai.r-I frr ran, tan ! sont by ths hack and will n'eo'rc iroinplsUiillon.
ror Move, anud ry mo i anal, auf Jill hoLOMu.N T, KtlEnWOOO.
HelmboU'i Genuine Preparations.
HELM HOLD'S fllGULV CONCENTRATED
PH 0 TJ E TI C BOOKS ' KAY IE OSTAKTTJ) It. P. BIOSSER; WIONKTIC PUJlLISUErt, 4T,6 vinn btrklt. civctkvati, o.
American piionktic journal.
pioiitlily Lliornry nmyazlns f forty eljclit
pacr octavo, (Uirod w Uli lliatorlral ku1 MUftitlanena mullor, and furoUhlnß a He o.llory of
Art,"t'leiio, and rirnltnre, Vflhor wltlt a
eoploii fund of Infiiriiialloii fur the foncral renj. ar. Ii 1 nuatly printed on e-Mi rarer, and lu-
brllliiliwl eai'lt month Willi a Kt'l or Copper Plulo Kinrravlng. . ' vrvA Loot four hnu.lrvd d.illar orlK nfUCCCKl MBKK:l hava already laon aeut ou, and II will atTord f.lciurs to It ulIUIir to supply nisny (lurtuus who may ts lualrous of siaini'iloT It. ' 1 TERMS, S2'ner annum in ndrance. For Premium to A pent., ws ail srnJ, for 3 nil.. rltT. a I'hnnatio Sw Tratain-tit, ?J fU; ror H, Small) 'a PhnnKtlP lMrt1onrv, T.ium.nl, HMrtr'a Manual and Voiabuiarj, aud a Maa usl of Phonography, fiS,M), ' ' TL Oral vohinio of ths abovs, bandomly hnund, I'rlnr postpaid. Sl'. IC po r l-r- M un unl attid Varakala. ty t A onidia gnida lo lhaarlof Vtrhatim MriortlMg.t.y lnn Plimsn ami H. P. l'roanrr, PriraTi cau.Jpapr cover; baudooninly bound In inn.lio. ai.lxi. . Ilnnitnl l I'liouotfraplif t by lnn Pitnian. Tito s'i'ond oiaiou i tm u now ready. Prlci AO caau. Huporlor clulh, CIM. Kh Extra. TS eta. . - Tliv B'ltonoirrBpttle 7fi(raKlni A uionlbly Mlarollsny of hclenro; cw sod hnlrlatnmcut.ln thacnrirponrlln(r iljlsof I'honog r.liy. I'r yar, tn advanoa. SI. I'ltonnf rnphlr Capr Klip; Aa attrat-u v tli-xtol li't.lin iti'.l' Sil.,rl,- VcU. hent by maW In roll of a vs. thus avoiding cruing and lionrv.ft. Holt of aUvon, Si ' S'ltonctie I'rliurr, Inirodaring aevaral p-w and aitrnrtiva Imimn, Kicta, , I'lrst ritonrtlo Heilder Paper binding Urania. r"ot paid 4h'U. lalirtUc CliNrt. A nar and tautlful Chart of tho Phonotyple Alj'haltrU with cop nirrMiil oxplaiiatioii lu eomiuoit f.rlnl, and pravtti'hl atuimnaiit of s rorrertund ellWUv de. Ilvary. Jl.y44. frlca frovu. Mounlod os canvaa with rnlUra, II.AO. IMtenellr. Tublelo. Ths L tlor of tbo Pho nU Alplialx-t, prlnled on tblrli card. Prieo SO Crnli. . Jfi-A I'owrlpllv ' Catalogue, with Üirelaiut hlif-l, w III bt iil frva to any part of ths CuiUid hun-., or tha Canada, by sdtlring as abovv Jana I. I84. -
- . . . . l.
CINT'I.ADVEItTlSEUE.MS.
Iii'
I T4i a.
HiSTLS
earner Vt'arw.
Mala aud
cniaaDVE:::';::::! J OHK F. D AIR ü CO'D r,i r 40 h l Lo-wix Karxit tzzz: MTa offrfor . it. ... i . . .
euUoral Ir jilvBienU; sod tatt j lrii' i-Iiriur
n our i.;.rcai KiCQ I .w Cv.tl. C MlU,dfe. -', v CRASS tsr.T.ti. ' W arsconstanlly iij j.!id wl,h II t!. abta Gr teed eaiu d lo U V.l,C;.
mug ii 2 asoa
I- , a
.a
' Manufacturer an J I)ealr la
-1. , r f , J : -, ) ' . 1 ) . L. . J; L 4 L . J L J rj
- n Mviussassi SVU tsa4
.Dil. MAKER'S . Pain Panacea, ron inx cent or IIOTII I'.XTKIIXALLY ASP IM'fcJtS ALLY. THE " ' :
Pur dlacs of tha Bladder and Kidney, Reeret lUaMi, Mrlvture, Weaknnoa. and all dlaeaoollho Sexual Organa, wneUiar In male Or rumale, from whalevercauaa the) may have originated, and n mutter of bow long tändln-. Ii yon havo contracted tho lcrrllle t.Ua whU'b, whan aoatad lu the Jili in, w ill aurelygu down from ono generation lo anolhnr, uudnriul. Hing tliorouUtution, and applrg lUs very vital
fluid of lire, do not trutl your.ir iu the band of
Unacka, who tart up avry day tn a city tike thi and llll the pT with glaring fulaehood loo woll raleulaiud lo dtrvlva the vounir. and
tho. pot eiiialntod w lib tholr lilck. You cannot bs loo enruful tn the solocilon of a rented lu Uie.a ene. 'lb fluid extrart Uurlm hn been pronouuead by omliisnt hylclan ths greatest rumudy vr known. It samudklns irruily plaaiit In Ita tuata, and very Innocent lu tt aiilnn, aad yelo ttiiirougtt that II aunllillare every parucle of tha rank and iolonou vlra of Ihla dreadful dlneae end, unllka oilier rontedlM, doe not dry a p ,tn dlaoa tu Ilm blood. ConaU'tillonal Pebtlliy, brought on by aelf. sbuae, a mutt lerrlblu dinae, wluuli ha bmughl thoiiaand lu untlinxly grave. Ihn blanllug the brilliant liopoaof parent, ai.d blighting la tha bud the glorlou anilntlnii of many a nuolo youth , can bs eurod by Uil InOilliliU Kcmedv. And a a madlulna wlilcn tnuil benefit VerlMdyl from tha Imply deltrala loth contlii-d and daappalrlug Invalid, uo equal la to be louud aiUug boia ss a Cur sud Pruveullve.
IIKLMROt.tPN Htni.Y COXTKNTnATPn 00MP0UND FLUID EXTItAOT
SARSAPARILLA.
For
ar
Ituprupeitvo and In life, chronic eou-uiutlonal
atauaau, arllng from an t nip uro Ute of blood, and the only rellaulo snd t'dorlml known i vineily for tue curs uf hernfulu, Kalt li'lmiiin, ocald Head, Cleeraiiou of lliu llonva, latter, I'liuplet un the I'sre, and sit i ly eruptions oi tha wkiu. Italaaruule I now prescribed by aouiu of lue nio.l diUisiillied pnyyivlaiie lu le country, Bsd hsi iMveJ iimro villi lent In prailk Uian any pruparatlon of hara;nlla )el uBurud to tha RuU lie. heveral ra-ea of autondary hpliyl.a, lercurlat aud HcmiuIou dlaeaiet have aullrely reroveroj In His lunirublo wants of our pubhtf limt liu Hon w hit h had lor many yeai nmlaud ev ery tnuile of trealmi'iit thai could be iIovim.I. 1 bvv cim I urn Ink air Iking eiaiupleuf Iii alulury iOrU ol tn modicum In aue-lln some of tho ino.i Invclcrme Uluaes, slier Die glands were dliru)ed, and the bone already alfueiuo. Nutu a. lUer iroio reipomiM I'toydelan and Pritbsrs of toveral Mdical Culhup. and oorllflcaiii ol tir from (mlieiiu will be found aeeompanlng boih preparatlona. fan aa, rluid hmravt of liuvhu, St par bottla' or 0 buitlui for A " Psmsj srllls eqaallit, lrr iitb lo uu gallon of fSy rvtJ of Karaaparllla. Prepared snd sold by II. T. IlKLMHOLT. fheuii!, CI . Chumut Kireot, poor the Jirard llou Pbtladotphla. TO MK II tn or JOIIM W . MOODY, H rook vllle, Ind. Aud of llrugglt and Dealer. All l-llura directed to the proprietor or kgunl reeolve Immediate attenliou. JunalS-ly.
yi:t iiscovr.i:im Vain cannot exist vherethit it fuith . ' fully uttd! .. , . . JrQTVE IT ONE FAIE TRIALS y And If yon do not Und II kit it I recommended, ed.go back Ui the agent and gel DOUELE TEZ AMOUNT 07 HONEY EEIU5SES! Tbl otTiir Is D.tuO, :t nowmg Hint wlikt this McJI- ' clue ha done a.Utouaiidiofcaaa,H will do . . g'.ri. - , i'OU l'.le In tbo stouiaon, bsck and bowels, burn, , Brut, eut snd swelling, eulit. , J)lrrlio a, and raouiuallan headache, toothache, and eurauhe. ' It Cures Almost Instantaneously, ' .Chronic. Disease, ., . H'CII AS I)pt'plswik brcmi, Jivorconiplaliil, genral debility, fwrr add ague, canker: . or, ore throat, putid throat, . weak ), pino and - kidney dl-ao, Old sore, roughs snd colds, to tha above named diMMteue, II It ueel to be lailhfully uaed, and A dure is OrtahtH MO XX y , RJCFUXD ED! I 1 MfosTaST TO AT.--Agenuwlll Snd it greatly lo their Internat, snd real full liboriyon Ural Intmilucln UIHil tllt II IKIUt'S I'AI.'X IV At'i;A,lglve back the money rrecly tf tboM who purcha Hare not fully aaliatled; sud may ue lu their uwn fumllie, or give a few bottle their frl-nd. that they way Ut It 4. Ill: ntl'ltl I N over all olher retnadleal and when ours Introduced, thry will Und Hint Utry ran eel I largo quenlilloa if it. All Agi'liU write thai wheu once tmroUueed, their ealea are Ltrge. Pcinllle wilt ksp In their bouses, aud wllluot be wlthoutlt. 1'rlce 83.SU snd Si.oOpertwuU. . Oll MAI.KIIY M. W. Hallo, üruwkvllla, J. S. Kot kafotlar, Cedur Grove, A. Caae, Hw 'I renton, J.King, Uioomlng Orove, Koyd Gry, Hclpio, diSordd llolduu, Laurel. V Vancainn, klelauiora . W Miver, MUervllle ' may itt, imi. Aaron A. Colter, GKOCKKY fKOUUCK AMI COMMI8RIOJI 31KKCI1ANT B.E.COKMr.KOP KKVKNTH AM) MAIN STS, CINCINNATI, OHIO. Kev US- su-lyr-.
1 SAAC STAUB C(5., KItt ACTCST, 1 ol front and John atreeu, I inriuaall
bona wo. 19 r rwul vlree bei eon
Wslnot. e msnufactars s rob brvsicr, off real itrengib and durabtltly.and eaae oroperaUoo. Wa plsr thi useful eonirlae 11 el mills, oy wblch mean eon vert a eorn mill Into a stu k feed mill; b :t bfuv iniuuiVwark U pat In on and take It off.
e meauiaciure aonnoi wiuia, aincia an double gnarod, (bvt nil ty of French burr,) to grind whckl, corn, sud lnrk feed . rslrulsted for alxaiu, whter aud horta power. I heoe Utlll ka been run by ateam and bora power lo competition aealnal the other iwake of mill f our city, t ur Mate fair, and baver failed to to csrry off the Rrt premiums on one occsttoa wa awarded a beautiful direr mrdal. Oar tatlla aleo took Ihn to Br.t pren.l tat aa Ui West mill St two sr.nual fair of onr Mechanic I nail tula. Ato Portable saw mills, lo beruh by aiesm,
water or bor power, liita mm wn aihibiteS In operntloa by Inrw power, f.l Iba Ohio Stale Pair, lu IK), whoa ll waaawarsUnl a prasaieaa ad a iplrndid stiver medal. Aue -Dlllereut kind of portable boree power. awdaUiametifiiie. Allonr aruelea, lor ol operntloa, atinpl.rlty, waotulneaa a4 darabillly,
sre surpswiea uy sons an m use.
A II nnr artlrlea are warranted aa renreacatod 1 1
ha le alonr roet of traaadoriallvw, aad tha
money aoiiin-HHi.
uy a full duacription.ar leUmonlal of ruent
end UMtfulueea, wa reler Iboee tiitereated t oar
damphlnU, lo be bad al factory, arb re we lake a dletture to enplaln each article.
JAA At, HI KAl It Alt). Kotws Mr. Klaible, the psrtaor nf J. II. Bur-
row,whllo enhlb tlrg a Harrow mill at oar blate fair, lad fall, waa bolaiaros about bla mill; snd eouragroucly enured Into s verbal agree
ment w tin me to grind corn tau w koever rnnd
lbs iuok, rrararUlng quality - au4 quautity, waa ko
bo tne owner er both nniu, siesea ana every vul
riSITTSUIi. .1- Klraub lo ran an in turli mill; lliirrow A Co, to ran a VO Inch milt. . ' eci-oaa til. '. ' Slrauh lo run a V-i Inch mill Uurrows V Co, lo ran s VI Inch mill. Twine runt.. Htraob to ran a SS Inch milt; burrow Co, to run a So lack mltl. When the pitch csine. thai boUtorose eourags
iPi-ped out.
Io the above I now eppond ScValleeg logr.od Cob-feed aui of whole ear of era.
I will rua toy IN Inch "Queea of the Bowie,"
with a cob breaker aline btueiiL, the mihi a arucle
that took the premium at tha Ohio Plate Pair last lall,agalnl a 84 Inch Hurrow mill, and Wm. Klrwart's Ohio and Keittuek j kUx.k Prod Mill, both to be run atoaeet and tf you mr apprehen-
irenfari.ky buiine, yoa Lava my entire a a
nrobstmn io run sir. I'omoroys corn t runner, a
sn auxlllsry. hhntild my singla srlirle fait lo grind equal to quality and qwamity to Iba combined Droduftion of tho two mill. Mut a yoe
pleaae.) then yoa can draw s few hundred dollars a uka iiul up. Com. Loja lont be eowsrdty; Üier I noth
ing like walking straight into the menu or a ih mg,
. I6AAIJ M KAL.
To J. It. Bi'seowe cV Co. may It ly
-iH'H"
IIENRIE HOUSE, THIRD STREET', iiirrwi:!:. mai a ftirAjrioitr.t CINCINNATI. ,JlW00I)l PB0PBIET0B. PADDOCK & MANSFIELD, SUY All KINDS OF XTKCTItllOI BA1PZ NO'lEot pay tue ülgiict prioe lor broken nk Money. All reinitianrcaaeulni rromlhe fi .'ordla count will receive I iu medial aiu-u, and return mado by the next mall. Hnken ,10.7 of all docrlptloiia I worth aoiuethlng, and by malU tug lllo u yoa willgattit valuo. hecwilect Ibis . march W
rpurlfyliig the blood, removing sll dUt:so rial al Iroui xee-a ef Mercury, e ! uro and
C. C. COUNSELIi & CO., EC1BM.II. ' RESPECTFULLY ibfurin the publio ihallhey are preparud 10 furnUb all k lud of Carriage and lined of the laleal alylu allow price. Particular attention paid lo repairing. inarMUm Wm.' 11. mc'cIjEEIiyvNATAIIY rt lll.lC, Wilt, make applleallona for liounly Land, and atlend tJ all bulnea that may bo entrusted to hlui, with ears and U It pa ich. ooiee In il.a aeeoud atory of Wol'e new' building, vppoiile lue Court liouae.
Dr. J. PETTIT S ' American Kyt Sulrv.
THIS ARTICXE IS pre.enlu.l to tbe publio as su Kxlorusl Heinody, avoiding the patu and ilangeraltowddig tha Introduction of
I audio. Mineral, and Kye-waahoa, with aursner of It value s a cure fop iha verlouidle-
eaaes of the
EYE.
of Acute or Chronle Inflamallon. whether Indneed
by crnfiilou origin orolherwlart Debility uf tbo
upue 3rve, urutiuiaiion or mo l.ld, ulceration o, the lachrymal Uiaud,snd Weak nun of Vuton from any came. Price "1 cu. per bo. Foraluby
m. w. 11 a 1 i.d, urooaviip-. and by Pracgi-U rV Medicine lieulers generally.
P.'8.-UMSTED, No. 82 6Uth St. bet. Walnut & Vine, CINCINNATI, OHIO:
Tim molelonlve sudboal Manufacturer lo Hie
I tilled fute. . OKIGISATOn OP ALL 71 KW STYI tut ' ttaa taken the hlghcet nrenlumt all the Kibltil
lion! Hot tha be materials cheap for cah,
which snsbies htm to ten SUPEEI0R WINDOW BLINDS AND SHADES, .
Atlow a other sll Inferior srllcte, PAJ.NTKH andlill.T MIA HEX of beautllul dealgna. HUrF and WHITE IMIund Nhsdos.Trininiliiga, PUture
Cc. hit) UK Ml AI'KM pulntedand loimred to order. Kepalrlugaud Jobbing In general attended
to promptly. niarwaaiy- - iiinlf ills" &ir . , It'l l rM TO , , J, I. A i). JO.Xl.M, Wboleeale Dealer In DRY GOODS,
No. 10 rear! St., Cincinnati.;
0, tF.O.IIuntiiictOBi . . IJ. -.Joans.
John 1. Jones,
I a leb Jone
Oeo.IV. Jone
may IS ly
ww.et.SN. . 'o. aLgaa ita.M.oi.SHS
Mai nT,iorin-eei corn ror alnulaudCoi ttinbiaitreet, CiNt issaiitOHin. marSI 3IV -
CTEAM MARBLE .W0KK8. CHA8, ETJLZ-
J M i l I.UKWII IU IAJIMI) fc 1,1 I.K, Loruvf
llroadway and Kifthttreol.Clnrlnnall.Uhlo.
Mouiiiiieiit,1'niuli,and Grave Monea, Marble Mantle aud Statuary, llubli-mal fotiU, Maural
1 ablet, rri, vae-,.arleii riguru,( abineland Counter Muh, c-e. Aet eouUnlly on hand and fumla'ied to order. Ihk i radM.iipplled with Marble In Block ane
Klab.ornawB'l vtorocr. nisrW 'Uly ' . .
COATS fcCIIRISTOrilEK, atsi rtt ii are or Ihosariif, 'Miunliriie( Iturutng 1 laid Mild Vplrll . ALSO, ALCOHOL OF ALL 8TBEN0TH8, Refined Charcoal forRectlfyinj Whisky, and Faro Spirits. Knie m Pniweaaa Laar, Wiiobsaata ana HTll., ' 5o,6Co1cgu liilUdlng, Walnut Ml., Kat lids, bei wee a Count and Kifih hlreets, mayieiy ci.ci..nau,o.
1 y:
, rufen tort nnj lf, I83i; I doubüoaa aa Invention among the moat Important of modern time, for the u or the well advlaad fnrmer and lock feeder and the un! vermal
favor with which It ha been received from Uta Aral
mora than anything ele, alio! Its Sillily snd sq pertorlty. Por portability, ilmpltclty of rontrntlon,snd eouvenlenie of ue Urn LIUle Olani bs no eqoaL It weigh from 3 to a bundrad lb., according in alaa.ran be put In operation by tha farmer tn 10 nilnulv, without exwn r mechantral ald.tbea adlnated and ned with eorvenlenee by an n body. Ike Little (ilanl has received the Flral Premlnm at every Sialo Pair from Ml aourl lo Maryland the pat Kail, and thai In the moat complimentary manner. Tbeaa M III ara guaranteed tnthotul poittlve manner egalual breakaira nr derangamenl, and warrante.il to rrttab feed from ear e-.ru, aud grit or Buehomony from ahelled corn, with a degree of eaae and convoiilcneo for fartu Purweo. never
attained bi.lore.
i ha eubacriber la now prepared lo f urulah Ine feruieri of rruikllu Counly wlüi Improved patterns sud ilc, to suit ths varied suis of sll. No. S. U offered at SIO complete, ready br atUehlnir lh team, and warranted lo eru.li. of dry corn, iobuhlac,f teed per roar wtihone aorae. . .No. Sal I vo, will cruih 1.1 bualtel perhaur. No. lataiiU.willcriuh'Ju buihul ror hour with
tw honie. 'J he mills will be tlullvered la Breokvlllo, or sny 1 lace on the ( anal, st the Manufacturer price. T. A.UOOUWIJf,
Kolo Agent fur Franklin County. ÄiTIFIClÄTEETn. ,
DHS. DI r N V A1LU0, DENTISTS. Xo. 16C West Suth tt. between Race - and Kim sts., Cincinnati. rrrais omcz uncebthb managestot X villa preaeut proprieWr,baa kxHiu luaruaelug In reputation fur superior operation la the A niacin I liepartineul of DentUiry for the lal lea year, and no eipome or e Bort hall bo wauling to give ealiafaciloa to all who msy favor II with their patronage. - Tbo ubaertber would cull sllentloo lotbe following eeiillal polnta pertalulng lo ArtiBctel 'leclh, vie Hoauiy and naturalnea of appearsnro, quality and strength of nialertala, comfort lo tho wearer, and ululneaa la rtor.ng the natural sppcarauca of Iho peeca,aud ability la maiOcate; la all uf which they nro warranlad in laying thuy arc ncellvd by none, and squalled by few. TEETH luaerted rrom one to a full sol, with Artlflelal (lam. ... Pull and Half Ket luvsrtably tasertcd bysoelion. '
All opera'.lona In Pentlatry performed la iha
moet inorouft manner. . . Titil.ti n, Conaldorlng the aupurlor character af tbe werk and Iha guarantee given, Ibvy aro Iha inoel reasonable to the W eil. TWO TEETH OR M0E ON GOLD PLATS, aa ii:n -luorii. TWO TEETH OB MOBS ON BILVES PLATE, 12 PL TOOTH. Tbo money refunded If the Teoih do not prove atl.faclory. 3f r Por the Informatlua of thoae living at a dialaiice, wa would täte that our faellillu aro null, that we ran mako In the flneal atyle, a full ml of 1 hKI II lu rrom V4 to 4H boura, and email piece In proportion, ao that ao dotoottoa need Le spprvbeui'vd. - - ' J.fi.OAMfcKo.N, j J'sstun. Mo. IM WelSlith Mroel, botwon Kaee and Mm, Cincinnati. dee, C3,S4-IS 1 . 11 . i.i 1 1 1 1 I. 11 Proclamation. Y7Y7HERZAS, e sxtrsordlnsry sud snprsV V eeiieiiu-ti ilemaml for thatlnvaliiable prep arallon, WllllillS'M I'll i: VI 1 1' .M CA TIIAIIIO.N, ha Induced envlou penon lo puliu off olher article aim liar In name and appear, ance, but abwlutly worthleae, wblrb baa a leadoney to Injure Iba repulalloa o( the genulna arlli le. iitirrlia.er aliniifd la tiarllcuiar lo ak frr
WrlgLl's" I'rcuiluiB Ksthsri in, and they msy
reiy ou rervivitig an article unequaileo ror It Vlilut for reiloring a decayed head of hair, for a cool, refreshing and dnligtitrul bllralloq during Iba hoi weather, rctiinviiig all diaagreoabla a. neettona of iiaalne and beadaehe, and for the I01I1 1 II h nevor had au quäl (er 11 pleatani und dulluhlfut rrugriao, II thoutandi of tetlruonluU kre a lufflcietii gnarantee for II oomplelely realorlng a deeajed bead uf hair; for removing all dandruff; for pro venting IU fulling oil, whelhor from ickne or dleat j snd entirely dliilhg w lih Hie ne of half d)ei, a It eiellea th eocrrtion. producing a upply I It natural pigment - . eolorieg matlur, f ivtngiho hair a Urk,glo 1, earante, witit a jiunaut growth. Por aal by every tlrucgUt in ths city, end by drurglis sad mer.Hani throughout Ut United Mate. A liberal dleuouul lo wbolewtlo dealer. Price Wa l Iii pr bottle, - i ll I M I . WKItJHT & CO., . Sit Market Hl, l'hlladclphl. ABfMtat M. W, llaiiii. J.W, MiMHly, brovk Vllle) II. IL Puhoi, Fairfield. Uholciale Agent, ALLL.t V CO., I leciunall.O.
EW YOYKPYI K0ÜJ3 IS A TCUÄ 8T0KV ItblUilMi, oitn cutue froai, A. noa Walnut trl, lietwaxn Hlithsnd Seventh, oppaelle the Walnut rure-i lloune, connection lib nihui liiiuw 1 tha eil. Il.ul. v..
- I - - J "w-. VJ W .
preaawttn proMr intru uuni, ui have prompt
' EKDXD.ES DD,. h. r. ccx xrrrrt r rr c CT.ItT.tnATIf O. OU Mo Kb ami oiaer paper ala. ' ov liiiiy . , . , ciir.t-.c:axsi;-s. " pnblUbed aadeotd by
. JACC3 KRXST, , , lSlltL'slaP'.rant W,..,.T-. ir..
etroala, CHm laiiati.O.
Kouinaon'a Ibeoretical and Practical Artlhaaeüo.
. . ey u Arithmetic. Meuienury trcsUM en Al;slra. . Algebra, Lalverniy tdUioa. Hey I aeba. auri i ailweopky. . Oenmetry. AswoaoBiy, l'slvsr""y tf'.lloa. do. -l.ea4La.Jo. ..i ? 1 at: .-.--.irAL vjv nATIICJ bean raqoid ta examine PC ' Knblnaona BertM tt jtkn. ..
repnnqy Bi.iaioa iheraof. I have with'tles; s
mj""! a wiirqctinia 1:1 Cxtrvac m merlla of LI. A Lnl. I ..il 1 . L ' . -
etiiat uatng 01 ttiuca to Ike reell. loor. pv I. Koblnaon muri be, Ithnttld jutf-a from bl boc.j, a koea, eercbtly and Uo -t MaiAerr- -r -aJZ
.1111111 aeem to navo. IumUi I..I of ate. or the roaali ( .il..a . . 1 J . . .
S - iri.n, m v-ica laluiiiveperoeptlow f aja..i..t,et prior te ' anil 1. Ix . -
ww ...... j BW., nirkJr.i rorawbra-
- - "w pi.i..u vi aoiving proaiooj. 1 ha A bra bra la rla.r aa.il jl - 1.
eiplanauB.sadfsr!tbwSaa abaadant r X rproblems wlj evplldt and paiwwm ,t olviee them. 1 1... w.k ..... ... ...
for tha oretnary purpoaea of a s-rsrae of C..:- . Itisif riii-l L-aaa -
- wra Tb Ceotactry embodle a great nosnt ofromeirle kneeled re ta a eompaee email er . naaal. 1 bediagraaaa are wall eoweekvad aa4 rwBBarkal.le -kll . . 1 . .1
' The Treat law oa Harveylerenu sv'.lfj Uf.n, snd gives Bianv InureaUnf f i.ioa ury be aew to mnetof one etudoata. 1 be di-eruas are,
WW.W.HW ...Iii, uaiiij ,,, The natural Pht.itn hy to d -lj-:y tnwrar' --, aoianly foriu ssalter, bat r-Mhe Jianner la ' 1 priBalpla are aaplaiuad aa4 (aM eUaad. I I only the lad tut bat it, general read stay lad amaseeaentandaroCi from the book. . W. c.LAKAEZS, Pa,r1tendnt ofth Public fccbeols af Is.laaa.' P0PÜLAÜ ciiuucu iiucia rTC3r?I31 'LC- ' '.J, eia!nlnj s -Teal X. variety of approved ( eerrb A4ulr, n-eied Ctiiily from lue old staadtrtf author, with many origin Icompodiionson s aew )um of notation doaigwod for It a of Church, Blaring Schoc:. and A cade ai lee. My A. a. llavaen Two rrao will chiefly tecuual for ths fraal loceaal el thi volsmei Piru rArCAaraexr jrr.-tt reaeate a new and , really latneoved eyHa of notation. In II much thai ta abairnre eel Sl.TVeoll la Uta 4elighiful s lenc u so simpliaVd thai months are made eqnal lo year In Iba eoiamon way of learning Iba t.ractlce of BuitJca.l art, a tawl aalwcleaily D'WVen bv tha rtleltallnna Of anoraanf ..i
performer who have letted Ue yterosad given th work III crvat noiiulaltv aad aoaataatlv la.
w- P , , 4 - erealncala. .
Boeouil. 7 ?eey mn4 St fit tf th Ntm. lanr aW llece daatlnad to l.lnaaa a loneaa me.
le lale, may befoand on Ita pavretsnd alaomany of Uta oll aad !rl4 BiiilaillaLkalUa.i lh.. .
elated reeollwi'tiona of aaertuary leli'hta, a4 aar
mere welcome lo tbe henof the worshiper Ihsa Biany fr4Uenlly subaiiiab'd for Uem. 'l b Publlah.ra may add thai tlie wiochaalral aaeeolioa of Iii work laaupectoraliorettoer to Ua majority of Jiaaiera At sale Hooks and lbs pries Very low, Il mat be bad al Iba principal ttookeellers ar af the HullUhur ,
KOÜRK, WILHTACH, KETI CO., Wboleaale rowkllrs snd Stationers, ' octt7 - VS Weal KearU. hueul,CtaU,0. " oue7t"baröains, "
CAHPET ESTAUL1S1LMENT.
Ia tlta Halloa But; S. 17 Uata ei. J.C. PnoVVJtLT,4Ce. Imbwrtarsef EngtUhand Preach Carpel.; iv spaxt-os esta rooiua. W have now en hand the moal a 1 Unci and elegant a-oortuionl of rich madalloa Valval, Tapeetry aad riruaaal Carpate avoc tffwre4 In IUI market; Imported from Iba ealebrnlwd Karllh mauaiaewry of John Croply dV Haas. Sipe tlally for oar etiy tradeAlaa.AOU tilaeae of 1 ul Tinaalt. t.Ml.i.
derflne, Sne and common Ingrain Vebetiaa end Uemaak Ntatr Carp. A lo,sij place of .agllakj end Amerloaa flwroil Cloib ol Iba aawaaiaiyio eattn flaUb, marbl lullaw Frearo and Scroll
Palaltage, from S feel loss toot wide, at all prtcae. Alao.tho larreal and moat iim.lr. a m .
of lien and elegant CnrUtln Cooda,Clll Cortice and Wiudow kbadv. 1 ha pubila aro tberafor retiuoaied lo examine aur Urge alack, which I I be iroely shown sis Utliaes. Oar good ars s: arrauLed la be In berlaw-1 nrilar an J eiiil I.. . . . 1 4
cheaper Iba Iba cbaapeet. i.C. WUWALT.iCO.
Uuokscllcrs, Publishers L. Stationers, 43C&la Ctrt8t Clscirzatl. yShavsouaof Iha Urgoat and bed aaortcd ' lock lathe IVaal, Oar lock t mbrt Lke heelworheoa Theology, Medicine, Lcj, I'x:iat Agriculture, ilistory, TtavtU, ' TiZcs, Memotrt, I'iUotophy, J c. snd a complete aaortnol of all the tuo ia at rail allaoetlaueon Kookipubltabod. Ourcluchaf ciiüuL uooüa embrace all book of merit need laths Woelrea the Spelling Hook lo the Lailcoa. Our elorfc el Utlonary embrace every variety of Hlank books from inoamsll hlamoraodum Uook tolhe largo aw per-royal U Jger. Including every snicle a red la Iba eoouting-room. Wo have ror the Country Maachaatafall wartaty ofLatiar.Capaad Hrta Paper. kavalopa, W rapper. Bonnet lioar-, Ink, SVe., Ve. Our own Publtcaliooa era loo wall fcaowa na work of Ihe higbawt merit, lo require more than sa enumeration ol tbe motl promlueul wbtcb sre t'LJAf rgco.-MrJjrr. na. nicx'icontlete Worka,KUlasaneleat rltatory, I'lularck'B lve,Kieclalor, Joarphae, ake. Ma levtt ail who deal in, or purcba hooka, le given a rail, an we areeonttdeniwecaa offer Utem euch iadaea menu s (ball bo mutually beaoSotsl. . . Wov.ll.in43. 17 lyr. 'WLWBl 6 HattFj." VtewsorUulldlngi, Lasneraesa, Ponratto, ES Elomaa, Mapa.hnvw Card, A alee. Drana, bill y sehasge, Label, eve. av c. MIOOLRTOM WALL ACS. Jto 113 Walnatbtroat.Odd Pellowit.aU. ClDolnaall, ktv. 1 1,180347 ly. , Spring Saddle Tree, FTE2 GHEAT LAE32 od oipeaae, we are
now enabled loiunn.iiineee nnnvaueo 1 reo
el eborl notice. rrtct fleeach.
la
tjuanllly
and falihlul aueuilon,
Ai.drra, dee li ii 'wily
V, TKAHDaLK,
HEAT CUTTERS. A LAIGX SUPPLY CN BANCS j of Mual 1 ulUi, butn ol A u u and liou lof cutting riauaage or Mince meal. Thi I a machine lhal every faimer ought to have. Pönale by JOIIM P. IIAItteV CO, Heed Moro.No, iOaad ii Lower Market dee H Si 'ill CtueinnaU, Onie,
la'HTER.COBÜRX.EriMF.STOS ab BÄK., Hol inknufseturers and wholeaalodealevela Had Slery, Hardware sad Coach Trlraailogs, Xo. Charch Hatldlng, ealnul treel, l.ineiull,Obl v aleo have a fall eupply ef out faiae Uata PI. , ÜROOKVILLE COLLEGE. fTTVIlin Inailtuilnn la ra!. I reeelveaay I j asmberof yoenggentlemanand vonngladle,snd afford ine Uieheat arfnciiuie foroblalulngathorongh adueallnn. Tbsbatldla UtarareBod ceeveelnl.e thw Board of I eatrewllon w til be taereaaod s the wanie ol the Imiuiiob, demand. Tbo youag men w ho wie evon prefer logradiaaloat older I wallt Mona, wlilde wellt aequlrttht preparatory aiadiaa here, where Iba ctsaies are not loe Ur-e for eonveolesce, asd where ihey are aottau.kt by ander gradustes, ss lamaalold InetluiUoa. Voeugladtoa, gradnaung, will receive a p prop"1- -'piomae. Boarding ras bs bid In gaod fsmiliee, aetrt.) College edtlce at iwortellan per week. Vtuf men c a batril themael veaal a-oelalvty . pmr week. I beprieee! alUoorang f rt .Jt 1 Sti,iKiifrqusrterwlih Vesper cent n-unifai Sdvsucepaimeul. Potfur'ter-: fv.L - ' -$ JMi.Vt.Ukk.r-mii llrokvill ll.rik.lUl.
S'-StTACLIIlID it:s.
PEIilL G C
ml YORK DYE II0US3, . Ney. tT4 tTalKVl ntrvtl, Between Mklhand woven, one Soor ortb af Walaal buret lluaae. Ct SCISXA 1 1, O. CTnj r-rrrrn c7 lit: A7Vnoolen Uoooa tiyed uual t an; b-eae a -k aud lauued by aUam etllnders. Is ths d)lf deprmrnlw are prepared al all - of in year to color Ladle I hm Pkawla, Ina Mle-'Bg color 1 a beauuinl Kcarlrt, Peacb Itloaaom. rw Urn,sud sit shsdea of Creee, bal-von. r-traw, Orange, Purple bky ftlue, Mararlna l ine Laruae Pawn, Urab, frenua fir-y aaS Mlver Drab, ate. la tbe Kenovelltig leMirmeal, rue)e Ileullon Will bel.aidio cleaning Crpel kj L acbinery, without ripping, aleo tu-., ULI in ano Covera.Laete ik.1i of allktiulao. 1. : Caabmere.ane fcllk Oraeav w llt itdttrlKg lab er good or color. JenUeman's, I loibteg esovslrd asd t lU U appear oew. InvpuMle I roapeeUallv tavlteS Ueall and lwHMtouiwork nnd Juiige from Waal they 000,0 bom whsl the) hear. R.U. Via would call the sua nlloa of Ibe pa Wllelo be eareiul ta bulling the right plaee, aa t.er ar lmpHiterand ep-atarl I tu fcela-. atno tire lor Peel 0 ttone, w Verk J-'-e t veeWehsveoseoBSeouoa wUbUyo-erltJ,
a
1 (
! 1 1 ' 1 1