Indiana American, Volume 8, Number 23, Brookville, Franklin County, 4 June 1869 — Page 2
niinna American.
C. H. BINGHAM, Editor. 4 - BHOOKVILLE - Friday Horning, Jane 4, 1869. -Senator Morton's Argument n Ike Law cf Quorum. v Ob the first page of thrs wteV American will be found Senator Morton's masterly exposition of the law in regard to quorums of legislative bodies. It ts tine that the question he decided whether a minority of a State Legislature haTe the power to stop legislation by breaking up the Legislature whenever they take a otion to "bolt" by running away or resigning. Senator Morton goes over the entire ground, and the logical conclusion arrived at is, that a constitutional quorum m two-thirds of the actual membership. Ceogxess will no doubt ratify the action fowrreeent Legislature on the 13th amendment. 'Bolting," which ia another am for "secession," has met its quiet ky this convincing argument of oar noble Senator. ' Oieit of Reunion of Presbyterians. 'The Old and New School Presbyterian Oeaeral Assemblies, recently convened in Mew York City, have adopted a basis of reunion, which is, that such reunion, under the style of the Presbjterian Church of the United States, shall be on the dectriaal and ecclesiastical basis that the Old ad New Testaments be acknowledged aa the inspired word of God, and the only infallible rule of faith and practice; the Confession of Faith, to be adopted as the system of doctrine and discipline of the church, ahall be approved as containing the principles and rules of policy. '. The basis of reunion is to be submitted to the General Presbyteries, and their votes thereupon shall be sent to the next meeting of the two General Assemblies, to be held in Pittsburg the second Wednesday of next November. If two thirds then be found favorable, then the two Assemblies shall act accordingly, and consolidate the committees and take other necessary action for tLe iutcrcst of the church. The second Sundiy in September is recommended as a day of prayer for the whole dencutiuation. Decoration Day. - Although Sunday, the 30th, was designated as Decoration Day by General Logan, the day was changed, in many places, to Saturday, to suit the convenience of a certain portion of the community who were debarred, by religions or other duties, from taking part in it on that day. Little business was done in Cincinnati until the ceremonies were over, and accounts from tber cities show an unusual interest manifested by all classes of people. The cere, monies at Spring Grove Cemetery, where aiz hundred and sixty-fire soldiers are buried, were witnessed by twenty thousand people. The procession occupied fifteen minutes in passing a given point. The programme commenced with the Lord's Prayer, and was followed by an invocation of Jehovah's blessing upon the Government and people, after which the ceremo if of strewing the graves with flowers was performed by a band oToung girls dressed in white. While this was being done, an original ode, written for the occasion, was sung. Alter the ceremony, followed the oration, by Lieutenant Governor Lee. The benediction was then pronounced. Among the gentlemen present were Lieutenant General Sheridan, General 4. C. Le, General Noyrs, Colonel Crosby, Mayer Torrence, and Judge Leavitt. In the afternoon Htbbi Lilieitthal preached a oummemorativc sermon at the Droudway Synagogue. In the evening the Turners dedicated a monument to the members of their Order who died in the war. Among the commemorations elt-ewhere, that at Arlington take. first rank. It was attended by President Grant, the Cabinet heads ol bureaus, foreign leg-itions, officers of the army and navy, Senators, Representatives, and thousands of spectators. All the noted women of the Capital were present. Tic only person mentioned as not being present it General Dcut. The number of spectators ia said to be not less than twenty. five thousand. A large display was also made at the cemetery near Alexandria. Commemoration services were also held at Pittsburg. Chicago, Indianapolis, Fort Wayne, Springfield, Detroit, Nashville, Providence. Louisville, Philadelphia, Wheeling, Itichtuond, Carlisle, Newark, aad throughout New England. At Gloucester, Massachusetts, the orator was Benjamin F. Butler, who took advantage of the occasion to refer to the conduct of England toward this eountry, Horn Revolutionary times down to the late war. Senator Morton's Health. Tho editor oflhe Kokoino ZftStcne, having recently had the pleasure of meeting tfaator Morton, says of his general appearaaee anL prospects for a full recoveiy of his health: , ''Now he is again the man he was four, five and six year sgo. lids old manner is back upon him. He laughs as he did ten years ago. In short, he is pearly well, hia debility being all below his knees, and soon, we are sure, will go- out at hia toes. Uur word for it, Governor Morton's voice will ring in tbe campaign ef 1SI0 as itdid in 1 SCO and 1804. And then there will be no little iiioe hundied, contest inviting jority in Indiana, but ten, twenty or thirty tt outand. "Wi MM-ure our readers, and we know they are interested to know about it, that
Governor Mton is himself again, or bo neirlj eo that we confidently believe that he will live to see half a doaen r aaore Bepublicaa Presidents inaugurated, and will aid tn the work ofeleetiag aH of them. May ha ba ono of theaa himsalf.'
The Indian Commission. The Indian Commission has adjourned. All the members were present at the sittings except Messrs. Dodge, ot New York, and Tobey, of Boston, who were detained by sickness. After full organization the commission called on the President, with Secretary Cox, and told him they were ready to co-operate with him in all his plana for patting Indian affairs upon a better basis. The President replied that he would act with them cordially, listen to all their recommendations, and give due weight to such recommendations aa they might make of changes in the present metheds of dealing with the Indians. He said he wonld eive them a letter to all the agencies, and direct that every facility should be extended them for as certaining the workings of the preseat system, and that army officers and those acting aa agents would give them trans portation, and aid them in every way for s - purposes of visitation. The Indian country was divided into three divisions. The northern embraces the country upon the Upper Missouri, including the Indians north of Kansas, and those of Minnesota and Wisconsin. The southern those of Kansas and tbe Indian Territory, and the Western, all west of these. The Northern division is assigned to Messrs. Welsh, Farwell and Tobey. The Western to Messrs. Camp, bell, Stuart and Lane, and the Southern to Messrs. Brunot, Bishop and Dodge. Each one of these divisions will he inspected by some of the gentlemen named, and a meeting? will be held in Washington previous to the assem bling of Congress to compare results of observations and prepare a formal report to be laid before the President and Con gress. No recommendations were made to the President at this meeting, as it was agreed to leave all questions till the commission had visited the West. All leading subjects connected with Indian affairs were discussed at length, though no formal decision was made regarding any. In the matter of treaties the commission was unanimously of opinion that great abuses had grown up with the present system, and about unanimous that the best interests of the Indians and of the country demanded that no more treaties should be made. It was the general opinion that the very first step in advance should be to gather all the tribes upon reservations, with the faith of the nation pledged to their protectee- there, and to their permanency in possession. The matter of citizenship was discussed, but as the question involved the construction cf tie fourteenth amendment and other grave political questions, especially that of the status of the Chinese, the commission thought best to take no action. Some of the members are looking forward to the formation at some distant day of two or three Indian Territories as the final solution of the problem, with regular political organisations and representation. Laurel Items. American, Presuming that the able reporter who heretofore favored you with a synopsis of the Laurel news, has '"thrown up the sponge" and retired from the "ring,' I, in his stead, and in behalf of our flourishing town, propose to give the readers of the American a few of the more important events that have transpired in our midst. In looking over a file of Amir icons I see that there was a time, when T. A. Goodwin had charge of the paper, that one column each week was devoted to Laurel news. This should be the case again. But to proceed with the "Items." At our regular Corporation Election, held about the 4:h of May last, the following tii-ket was declared successful: For Councilmen John Buky, J. 8. Rice, J. A. Derbyshire. Israel. Hurt U and F. Sheppard; Marshal Thos. Anthony; Treasurer Dr. Thomas Gi fiord; Clerk J . Wallace. Soon after the election, they met in s-c-siou and orgauixedby making Juhu Buky Esq. President. Almost the first business that received their attention was the Whisky Ordinance, which I hey amended by saying the venders of "Common Disturbance" within the corporate limits should pay 75, iustead of f 50. for liceuse. Every good citizen who delights in the promo lion of peace and good order, cried "well doue; hurrah for the new Board." They then made arrangements to complete the Jail building, erected on "Fountain Space." Israel Burris, Councilman inthe 4th Ward, who is a No. 1 carpenter, immediately commenced the work of finishing the upper 6tory for a Court room. and ere this, Esq. J. C. Burgoyne has taken possession and is ready to deal out justice. The lower story, or Jail room, will soon be ready for the reception of a squad of '-Young American Bloods" who frequently disturb the quiet of our town by making night hideous with their drunken yells. Let our citisens resolve that every offender against the law shall be punished, and the Marshal, backed by the Board, go forward and discharge his duty, without fear or favor, and our town will soon rejoice in the reformation that will surely follow. The Post Office excitement that has bee ragiog among the Republicans of this section for the last six weeks, is without a precedent. Not havig either a Collectorship, Asscssorship or Inspectorship, to contend for, they concluded to try it a few rounds for the P. O. Accordingly they divided into two parties; the first headed by J. Seorest Esq., who is seeking the appointment of P. JI4 the second by R. J. Day Esq., the present incumbent. By mutual consent they agreed to fiht it out on the Petition Hue, with the lion. G. W. Julian acting umpire. Each
buckled on the armor, marched up and down the Township enlisting every Republican voter who was willing to swear
that he always had been, was yet, ana ever expected to , be a Radical of the first water. The conflict atiil rages, ana win only cease when Mr. Julian- caa be brought to see what is best for this people. At last accounts "he couldn't see it." A Mr. Walker, of UamFttot Co., Ohio, was here a few days ago for the purpose of buying the mill seat near the Depot, a w a wk a TJ ft Deionsing to J. A. uemysnire cea. u he succeeds in making the purchase, he will at once commence toileting a Flouring Mill on the premises. It is very evident that another Mill would be a decided advantage to our town. The latest thing out, is Caflcy's New Sprinkler. It works like a charm, and. as a consequence, the dust will have to ray low. This is a move in tbe right direction, buUdoes not move over enough territory. All the business part of town should be sprinkled. Gib Pike and Tom McDaniel are in the Horsetanias business. They succeed well with balky horses, as they possess the power to charm, to a large decree, "old trainers," and will no doubt succeed. Another vara chance of visiting the city will soon transpire The members of the M. E. Church at this place are going to have an excursion to Cincinnati on next Friday. Juue 4th. A sufficient number of coaches will be procured to enable the passengers to go without being crowded. Tickets for round trip, $1.50: children half price. Hubbard has New Good. Johnson R. Tatman, who has been resident of this place for over twenty years, has lately removed to bhelbyville, lnd We wish him and his family abundant success in their new home. John M. King bought Tatman's Picture Gallery, and is giving h s whole time to the art. He seems to be having good suc cess. Those who want a photograph taken without having their teeth extracted, should call at King's room. Novcs Homo. Grand Army of the Republic. Hf.adq'rs Department of Indiana, j Grand Armt of the Republic, Indianapolis, May 24, 1SC9 General Order 1 No. 1 4:h Series J I. The following Officers, chosen at the recent State Encampment, are herewith announced for the information of this Department: For Commander O. M. Wilson, Indianapolis. : For Senior Vice Comd'r J. R. Hallowell, Rockville. For Juuior Vice Comd'r J. Turnock, South Bend. For Ass't Inspector Gen'l R. S. Robertson, Fort Wayne. For Ass't Quartermaster Gen'l W. M. Wiles, Indianapolis. For Ass't Surgeon Gen'l Samuel Davis, New Trenton. For Grand ChaplainN. S. Smith, Fort Wayne. II. Private M. G. McLain is herewith announced as Ass't Adj't Gen'l, and will be respected accordingly. III. It is gratifying tc announce that ihe efforts made by your past officers, towards advancing the position of our Order to a closer brothemood, have not been in vain; that at last a new work embracing an entire change of the unwritten work, to three parts, and an elaborate Constitution, were adopted at the last National Encampment, held at Cincinnati, May 11th and 12th, and will soou be promulgated to this Order. When received at these HeadQuarters notice will be made and full instructions issued, which will be given to Posts by an Aid decamp. Ail Posts retaining iheir organization arc requested to report at once by letter to the Ass't Adj't General. Posts are requested to carry out General Orders No. 21, of National Headquarters, designating the 29th or 30th day of May to decorate the graves of our deceased comrades, and promptly report their proceedings to these Headquarters. IV. Though the spirit and letter of our Constitution makes the "Grand Army of he Republic" a Soldier' Brotherhood, yet to successfully prove our sincerity, it must have that cordial unanimity and purity of purpose at every threshold to preserve iutact its great principles, and perpetuate its richest blessings. Our opportunities are always, our duty eternal. In our Order, it is not the province of an ufficer to command, only execute what others may direct, and direct only in what may be given for guidance in the general interest and welfare of all. In this spirit, with this duty, is the trust and honor received. By the Commandku. M. G. M'Lajn, A. A. G. Governor Morton on the Indiana Ratift cation. Elsewhere we print an article, by Governor Morton, written in bis direct and clear style, and establishing conclusively that a constitutional quorum was present iu the Indiana Legislature when the resolution was adopted ratifying the Fifteenth Amendment to tbe Constitution of the United States. He shows not only that it is according to the State Constitution, and that upon any other rule legislation could be so easily suspended that it would become impracticable and a mere disturbing element, but that this conclusion is iu accordance with the general construction in that State, and with parliamentary practice in the United Stales, under similar rules. It seems to us that Governor Morton not only establishes his poiut, but that he has been exceedingly liberal in his concessions to the other side, and that his argument is complete without the reference to the principle that the Congressional rule of what constitutes a house governs the term "legislature' when acting upon a matter which Congress submits to the Legislature. The ratification by Indiana is complete, and when the amendment shall have bees perfected by tbe requisite number of States, there will be found ao way of going behind the recorded decision of her legislative presiding officers and the proclamation of the Secretary of State. Gaaettc. A correspondent from Indianapolis writing to the New York Times, and whom that paper 6tylea "a prominent Indiana lawyer," not only defeuds the Indiana Divorce law, but extols it as "not only just but conducive to good morals." Such is not the general opinion of tbe qualification of this State, aud it requires a good deal of intrepidity not to use a stronger term for any one to commend that provision of the statute which authorizes a judge to
separate a husband and wife for'any eaeM !
for which the Court shall deem it proper that adivorce should Ue granted." The common opinion is that the clause quoted affords excessive latitude to divorce liti gants, divorce lawyers aa-d accommodating judges, has a tendency to iavpait the mar riage obligation 10 fact, making tbe "freedom of divorce" decidedly too free. Some folks may call this a "progress ef lib eral ideas, or an "advauce movement ot liberal principles, or by other pretty terms, but there are some things that may "pro gress too much, that should oesurronndea ith wholesome restriction; and of this class is divorce-getting. Journal. The New Gravel Road Law. AN ACT authorizing the assessment of lands for plank, macadamized and gravel read purposes, prescribing the man ner of assessing and collecting the same, and repealing the law on that subject, approved March 11, 1S67. Sec. I. Be it enacted by the General Assembly of the State of Indiana, That any plauk, macadamized or gravel road company organized, or that may hereafter be organized under and pursuant to any act of this State now in force, authorizing the construction of macadamized and gravel roads, having a valid and solvent subscription of at least three fifths of the estimated cost of construction of said road, such estimate being first made by a competent and disinterested civil engineer, may petition the Board of Commissioners of the county or counties in which such proposed road or any part thereof is or may be located, to have assessed tbe amount of benefit to each tract of land within one and one-half miles of such road, on either side thereof, and within like distance of either end thereof. Sec. 2. It shall be the duty of the Board of County Commissioners of the several counties of this State, at any reg ular or called session of said uoard, to appoi. t three freeholders of the county, one ot whom snail reside iji each ot tbe sev eral Commissioner's Districts of said coun ty, and whose term shall be contiuued to tbe end of the term of the Lommissioners of their respective District, who shall be termed assessors of benefits to lands under this law, and whose duty it shall be, unci, : i- . i . 4 receiving uouce irom tue .manor Ot the county, to make all assessments under this act; provided, however, if either of the assessors should be the owner of any lands to be assessed, or of kin to the owner of any such land, or should be interested in any such assessment, the County Commissioners may appoint a disinterested freeholder of the district to act iu his stead, or if no such appointment shall have been made, it shall then be the duty of the two disinterested assessors to make said assessment. Sec. 3. It shall be the duty of each assessor on receiving notice from the Auditor of the county, of the filing andgranting of the petition provided for in the first section of this act, after having taken and subscribed an oath of office before some officer authorized to administer oaths that they will faithfully and impartially dis charge their duties as suchassessorsato proceed to view all the land wi hin one and one half miles of each of such proposed roads, or either end of the same within their county; to make a list of said lands and assess the amount of benefit that will result 10 each tract from the proper construction aud maintenance of such proposed road, and report the same to ihe County Auditor in writing, and append thereto their affidavit that the same is correct, just, fair and equitable, accordii g to the best of their judgment and belief, which report shall be kept on file by such Auditor for the examination and inspection of any person concerned. And it shall be tbe duty of the County Auditor to give two weeks public notice by advertisement in a newspaper, if one be published in the county, or if no paper be priuted in the county, by advertisement in writing, set up at the door of tbe Court House, aud at three of ibe most public places alotig said proposed road, of the time and place, when and where such Assessors shall meet as a Board of Equalization, for the purpose of hearing aud determining grievances by any person or company on account of such assessment, and said Board or a majority thereof si. all have power to hear and determine the complaint of any company or persou feeling aggrieved by any sueh assessment, and correct the same as right and justice may require. tEC. 4. It shall be the duty of the County Treasurer to collect such assessments at the time and iu the manner he collects other taxes in annual installments, as the Eame may be placed upon his duplicate, and for that purpose the County Auditor shall put upon the tax duplicate of each year, commencing with tbe year in which such assessment is made. If such laud has been assessed for one road only, one-third of the whole amount of such assessment. If such land has been as sessed for two roads, one-sixth of the whole amount of such assessment. If for three or more roads, oue-ninth of the whole amount of such assessment, which amount, when so put upon the tax duplicate, shall constitute a lieu on such lands so assessed until paid, and such Auditor shall con tiuue the same from year to year, until the whole has been put upon such duplicate and collected. Provided, however, that when such company shall have collected an amount sufficient to construct such road and pay all legitimate expenses, it shall be their duty to notify the Auditor of such fact, after which no more of said assessment shall be placed upon the duplicate or collected by the Treasurer, except such a per cent, of tbe assessment against such lands as the owners thereof ' shall not at that time have paid their rate able proportion of the entire assessment upou. And it is hereby made the duty ot said Board of Directors, from time to time, to order the collection of such amount of such unpaid rateable proportion as they may deem proper, until all persona against whose lands assessments of benefits have been made, and not relieved under the provisions of this aot, shall have paid their full proportion of said assessment. All funds thus collected after the completion of the road for which said assess menu were made shall be applied to tbe keeping up of repairs. Sec. 5. Any persou having subscribed and paid any such company any sum of money, shall be entitled to a credit on his assessment, as the same falls due for collection, equal to the amount so paid, and the proper receipt of the company showing such payment shall be received by the Treasurer of the oounty in tbe payment of such assessment, aud no fees or per cent, shall be charged by said Treas
urer for taking in such receipts, and not
more than one per cent, shall be charged for collecting said assessments. Sec 6. Any and all persons having koea assessed shall have all the rights and privileges of any other person who has subscribed a like amount, and all persons having paid such assessment, or any part thereof, aball thereby become entitled to a certificate ef stock for tbe same, and have aJl the tights aad privileges of any person who has paid a like amount on subscription. Sec. 7. Before any such company stall be entitled to receive from the County Treasurer any money collected on such assessment, the Directors thereof, or a ma jority ef the saate, ahall file with tbe County Auditor a bond, to be approved by him. in a sum equal to the assessment so made, payable to the State of Indiana, conditioned that they will faithfully and honestly apply all meneys- by them collected on sash assessments, t- the legitimate objects of said company. And no money collected ou such assessment shall be appropriated to the payment of any debts or obligations contracted, or en tered into prior t the time of making such assessment. Sec. 8. Anyswch company or persons feeling aggrieved by any such assessment, may, without fling any appeal from such assessment, appeal from such assessment to the Circuit or Common Pleas Court of the county iu which such lands so assessed are situate, and after such appeal shall have been taken and the papers therein shall have been filed in said court, either party may have tbe question of such assessment, submitted to a jury for re" assessment when and where witnesses may be examined on behalf of said company or person, and the jury may, by direction of tbe court, be required to review the premises iu controversy, and upon such review and the evidence adduced in court, shall rc-assess the benefits to such lands, if any there be, and such re-assessment and report thereof by such jury shall be final between the parties. Sec. 9. To constitute an sppeal under the provisions of ibis act, it shall only be necessary for the party desiring to appeal to file with the Auditor, in whose office siu assessment is hied, a written notice of bis or her intention to appeal from said assessment, stating therein the particular portion or portiona of such assessment he appeals from, and the court to which the appeal is to be taken; and it shall therefrom be tbe duty of said County Auditor to make and certify a transscript of such notice, and so much of said assessment as may be applicable to said appeal, which transcript shall by the party appealing be filed in the office of the Clerk of the Court to which such appeal is taken, and such appeal shall be deemed to have been taken on the day of the filing of such transcript. Ses. 10. When appeals by different parties are pending in the same Court from the same assessment, or when the company shall have appealed from the assessment upon more than one tract of land along the line of her road, ibe Couit may in its discretion order ail of said csnses thus pending to be submitted to the same jury at ihe same time. fcEC. 11. It shall be the duty of tbe Court ia which such causes are pending to render separate judgments for or agaiuat the parties to each re-assessment, in accordance with the report of assessment, and SndfDg made by the jury, unless lor cause shown a new triul should be granted. Provided, however, that the granting of a new trial upon an assessment of benefits to one tract of laud shall not in any manner affect tbe right of parties to assessments of beneSts to other tracts of land assessed bv the same jury. Sec. 12. When an appeal ia taken by the company from an assessment made against lands belonging to persons not residing iu this State, or minor residents of the State, it shall be the duty of said company to give by publication in some weekly newspaper published iu the county where the lands are situated, or if no such newspaper is published iu said county, io such paper published nearest thereto, notice that such assessment has been made, that said company has appealed therefrom, and the court to which such appeal has been taken, for three weeks successively, and upon proof of such notice and default being made by such non resident owner, the Court may either order a re-assessment of said lands by a jury, or affirm the assessment first made, and in cither event it shall be the duty of the Court, by its order, to make tbe amount of sueh assess ment a Hen upon such lauds, and direct the sale thereof by the Sheriff, as lands are sold upon judgment at law, for the payment aud satisfaction of such assessment and lien. Provided, however, that when such appeal affects the lands of minor residents of this State, the Court snail, upon that tact being made to appear, continue said cause until the next term of said Court, and thereafter 6hall have power to make the same orders in such cases as are herein provided to be made in cases of appeal by a company from assessments ol benefits to lands own cd by non-residents. Sec. 13. In all eases of appeals by such company provided for by this act, when the assessment upon any tract or tracts of land thus appealed from shall be reduced, the cost thereof shall be taxed to said company, and in all casea of' assessments appealed from by the owner or owners of tbe lands assessed, where such assessment shall not have been reduced, tbe cost of such appeal and re-assessment shall be taxed to the owner of said land, and in all other cases the judgment for costs shall follow the finding of the jury, as io other cases in said Court. Sec. 14. The company, by her Board of Directors, at any time after the portion of any assessment of benefits in her favor shall have become a lien upon the lands of the party seeking relief, upon satisfactory proof being made to them that such party cannot then, or as such assessment matures pay the same without seriously endangering his or ber homestead or the maintainance of his or her family, may io their discretion give such party further time for the payment of suoh assessment or remit to him or her all, or such portion of suoh assessment as such Board of Directors may deem proper. Provided, however, that whenever such Board ahall have exercised io favor of any party the powers herein conferred, such Board of Directors shall cause a certified copy of their order io the premises to be filed with the Auditor of the county in which the lands lie, or if the cause shall have been appealed, then said certified copy of said order to be filed in the office of ihe Clerk of tbe Court to which said
appeal was taken, and the collection of Buch assessment against said party shall thereafter be governed by tbe terms and conditions of said order. Sec. 15. All judgments of any court rendered by virtue of the powers of this act shall be subject to the same stay of execution and upon the same terms that judgments at law of the same courts are.
and all sales of property, whether real oerr personal, made by virtue of the judgment or order of any court pursuant to the provisions of this act, shall be without relief from valuation or appraisement laws of this State. Provided, however, that io the enforcement of the collection of all judgments and orders of sale made and rendered by any court for "benefits pursuant to tbe provisions of this act, the rule prescribed in tbe fourth section of this act (or tbe government of County Treasurers in making collections as to the amount to be collected in each year, 6hall govern. Sec. 16. Where assessments of benefits have heretofore been made under the laws of the State against lands and in favor of any plank, macadamized or gravel road company for an amount or amounts greater than the road benefit resulting from the construction and permanent maintainence of said road, and through mistake, inadvertence or otherwise, have not been appealed from, or wberesuch assessments by mistake, accident or otherwwe, may hereafter be made larger than the benefits, and not appealed from within the time prescribed by law, it shall be lawful for such company iu whose favor such assessment has been made, by order of tho Board of Directors, to remit or release to such party such per cent, of said assessment as will make it equal to the benefits resulting to his or her lands. Sec. 17. When assessors of benefits have, under the law io force January 1, 1869, been appointed and qualified, but have not completed Iheir said assessments, the company for whose benefit they have been appointed may either require them to complete their assessments under the provisions of this act, or petition the Board nf nnmn.i.mnra f.ir tli iitno'inlmenl r . , . - assessors and an order Of assessment ID accordance W ith tbe proVIMOUS of this act. Provided. Lowever. that all assessments of benefits made in favor of auy company, under the law io force January 1, 18GU, in their collection, appeals therefrom, tho powers and duties of Courts, otfieets and jurors, and parties in relation to said appeals, the expense and maimer of collect ing such assessments, the applications by the company ut'the funds arising from such ! assessment, and all other natters pertain- ! : . u ... uit i. IU BUCH WMIUCUU, IIISII DC gUCIUCU by the provisions of this act. SEC. 18. That when appeals are taken or attempted to be taken under tbe law repealed by this act, from assessments made under said law, and have by an; court been dismissed for the reason that wiid appeals were not taken within thirty days from the time of making or filing aaid assessment, or that an appeal bond had not been filed, may upon motion and notice thereof, by order ot said court, be reinstated upon the docket ot said court, aud wben so reinstated, shall in all things be governed by the provisions of this act. Sec. 19. It shall be the duty of the! several County Treasurers aud all other officers having charge of the collection of assessments ui.der the provisions of this act, to pay over ou demand to the authorized officers or agent or any cotnpauy all moneys io his bands belonging- to sid company, taking the company's receipt therefor, which receipt shall be a sufficient voucher to said Treasurer or other officer in the settlement he may be required by law to make with reference to the moneys collected and paid over by him. Sec. 20. Any such company herctofoie organized, or hereafter to be organized, shall have the right to euter upou the land adjacent to ihe road and to construct ditches aud drains foi the purpose of draining said road, doing no unnecessary damage, aud shall have the right to appropriate any earth, timber, gravel or stone belonging to any persou, for the conttiuctiou and keeping in lepair of such road, by giving the owner thereof five days nolice of their inleution so to do, when it shall be the duty of said company to select a disinterested appraiser, aud the owner a second apprai&er, who shall under iuih appraise the same, and should ihey fail to agree, they shail select au umpire, and when such appraisement is made, said company, upon tendering the appraised value thereof to tbe owner, may at once euter upon tLe lauds and proceed to remove the said material; and should such owner fail or refuse to select au appraiser as above provided, ibeu said company may select both, and if said owner is not satisfied with such appraisement, he may appeal therefrom to the Circuit or Common l'leas Court. Provided, however, that Buch appeal shall not prevent tbe company from removing and making use of said material. Sec. 21. The Assessors provided for in tbe second section of this act, shall re-: ceive as a compensation for their services two dollars and fifty cents a day for the time actually employed, to be paid out of the County Treasury on tbe order of the Board of County Commissioners. Sec 22. An Act authorizing the assessment of all the lands within one and onehalf miles on either side, or within one and one half miles of the terminus of auy plank, macadamized, or gravel road organized under and pursuant to ao aot of the General Assembly of the State of Indiana, entitled "An Act authorizing the coustruet:on of plank, macadamized and gravel roads, ''approved May 12, 1852, when the subscription to uch road amounts to at least eight hundred dollars per mile, and is not sufficient for tbe completion of tbe same and the collection of such assessments: Provided, the lands are situated withiu the county in which such road is located, approved March 11, 18G7, and all other acts io conflict with the provisions of this act, are hereby repealed. Provided, however, that all rights acquired and all acts performed io pursuance to the provisions of the above mentioned act are saved from tbe effect of this repealing clause, and all companies which have commenced proceedings under said aot may proceed according to tbe provisions of this act. Skc. 23. It is hereby declared that ao emergency exists for the immediate taking effect of this act, and it shail be io force from and after its passage. Approved May 15, 18o9. The Auditor of State has issued a circular naming the places of meeting of the District Boards of Equalization as follows: 'i-k. a ...tit r .1. I?:.. f 1 District to meet at rrinceton, Gibson t j t- . . . T in con at v; Second District at New Albany; Third District at Vernon; Fourth District 1 uu auuiivio vi iuo r lint vuukcivu.i
at Rushville; Fifth District at Indianapolis; Sixth District at Tene Haute; Seventh! District at Lafayette, Eighth District at Peru; Ninth District at Winchester, Randolph Co ; Tenth District at KendalUille Noble Co.; Eleventh District at Valparaiso' Porter Co.. '
NEW ADVERTISEMENTS FRUIT TREES. A LEX. Smith, of Laurel, has for iom time ta -.ng89d to dressing an aelliag frait Treea of all kinds, and keeps a full supply oa hand daring the reason. Orders left at bis residence in Laurel will be promptly attended to. Oie him call, and he will render satisfaction at reasonable rates. June 4-3tr. MllILiILiIM MOTO-E BROOK VI LLEINDIANA. GEO. F. MAXWELL, PROPRIETOR. Good Stabling and Livery attached. june 4-1y. LIPMAH'S AUCTIOn HOUSE, L.A UK JUL, IN V., WHERE TOU CAN GET 3P.AJNTTS AT Sl.SO (33 a H ii 5 sit ILflDofts.a Heaviest Sheeting at 16 2-3 All Other Goods at 25 per cent-less than Elsewhere. GIVE TJS -A- CALL. -N. B. Auction Sale Every Saturday Evening at 7:30. June 4-3m. -Assignee's Sale. THE undersigned assignee of tbe Estate of Godwin Jfc Cameron, litokrepts, will, On Friday, June 25, 1869, expose to fell at Pnblio Auction at the Godwin i Cameron Saw Mil), on tbe W. W. V. Ctnal. North of, and adjoining Brookville, Franklin Coantj, Indiana, tbe following property belonging to lbs ef late of said Bankrupts: All the interest, right, title and claim held by said Bnkrnpts ia fetid Saw Mill property, described (has: Beginning: at a stake on the embankment tn ! I tumble t the first lock on the W. W. V. Canal abotre firookville, distant from uid tumble 24 j feet North 22 degrees West; tbence Souih 7ti, degrees East ID rods to a stake at the foot of the " South 26 degrees West rods to a stake at the loot of Ue bill; tbence Soutb 14 degre East 8 rods to a Rtak; thence South 7'i degrees Wett2 rod to theCanal bank: thenco Nona 41 orgrees West 24 rods to place of beginning; b.inj pait of the S. W. quarter offn-tii.u 211, Tuwn B, Kange 2. Together with their interest ia l.a. of Water Power from the W. W. V. Canal Cou.pauy. Xbia property held by assignment cf lease fruia the W. VV. V. Canal Conpauy undo to Solumon 1". Rodman, and asvigned through tiilfcrent panics to taij Godwin Jlc Cameron. Also '2 shares Cpital Stock of the Brookvill. & Me.tto.nra llydisnlie Company. Also 4 Yoke of Work Oxen, I Portable Sterna Engine, 1 Portnble Saw Mill, 1 Threshing Machine and Separator, 3 Lg Wagons, I Rubber licit, 1 Water Box, 9 alog Chains, 3 Cross Cut Saws, 6 Crow-bars, 3 Tart Hooks, Lead Pipe, 2 Grind Atones, Sledge Hammer, I Guwiner, Lumber, Cord Wood, and a variety of tools and other articles. TERMS OF SALE Ore half purchase money iidSii Mill aad allruui under 4-60, caeh; onehalf purchase uionry of Mill and all sums of 50 end over, fix mouths' credit; purchaser giving note with approved security, bearing interest, and waiving valuation and appraisement laws. Sale io luiu LtuiM at It) o'olock A. M. W. J. PECK, Assignee. JEFF. COLESCOTT, Auctioneer. BrooLviile, lnd., June 4, ISd 3w. T In Cash and Goods paid vtm woot by the undersigned. I also will sell all kinds of such as JEANS, SATTJNETTS. CASSIMEUKS, BLANKETS, FLANNELS AND STOCKING YARNS. Alo fnll stock of NOTlONSt SHOES, BOOTS. HATS, CAPS, 1LC, and all kinds of FAMILY GROCERIES. The above are offered at the Lowest Market Tricemay 28 3m. GOTTLI LB KIESELER. VALUABLE REAL ESTATE XO& SA&S C HiSAPa I offer for sale one two-story Gothic Front Frsirs UoUie with eight rooms, all in good order, with a good cellar, cistern, and a large lot. Also a one-story Frame containing three roouii in good order, wilh cellar, oialern, and other conveniences. Also eight good Building Lot", each 50 w front, running back to alley loa leet, sll fronting .n Main Street and Main Burgess Street. Also 150 acres of good Farming i.and,with a good two story Brick House containing aix roool, large hall, well furnished, with all the eoBsiences of a good farm house, a large Frame Bars 4 by 61) feet, a frame corn crib with wagon h between, carriage boose. Ac, all under feoee snl about 100 acres cleared. This eu be "' g .od stock farm. It is within 2. niilis of tM Vallev llailroad. . I will sell ot of the above property on tn. following terms: one-fourth cash, the balance in three annual payments with reasonable interest until paid. JOHN KIG. may 21-2m. ADMIMbTBATOR'S SALE OF REAL ESTATE. THE undersigned administrator of tha eststsef ii r rt.ii: sell at p"lie auction, on tbe premises, if not two " that date at private sale. On Saturday the 12th day of June, 1S63, the following described real estate, to-wit: The undivided two-thirds of Lot No. in l" part of tho town of Brookville, Franklin Coaty, Indiana. Uid out by Jesse B. Thomas and Alsa that nart of Lot No.43 in the same pl' l said town ofBroikville, commencing at tbe soWest corner of that portion of aaid lotownea , Julia A. MeCarty, tbenee South with the line of said lot 65 feet and 4 inches, """rL 82 i feet to the East line of aaid lot, t North on the East line of aid lot to tie n fc East corner thereof, thence West 2 fee' n" inches to the East line of that part of owned by Ignatius Koehler, thence South aj t said Koebler's East line 40 feet, thenee w'Vfc .... . 1-t.i i 30 feel t me Doom una 01 aaia sirenier - . , f j North East corner of that portion of aia w owned by Julia A MeCarty, thence Sootn on Julia A. McCar-y's East line 20 feet,thene - :.i ur..-. c..ik limits the nlaee oi on aaid McCarty'a South line to the place ginning the same to be sold in parce , . interest of said dectdent'i estate will be pro thereby. . , .,isi TERMS OF SALE One-third of the pe .. money to be paid on the day of sale, one tn six months, and the residue iu twelve u from the date of sale. Deferred PTe'?B,0os secured by notes waiving thbenefltol vai and appraisement laws of the State ot b? and bearing interest from date of 18t mortgage oa the premises sold. .. R 88 PWILLIAMW.BOTLSR, may 14, 1869 4w. Adai.ni. IMPORTANT TO FARMERS W. Taber of Ml. Cariael takes P'bij informing the Farmer of 'rVJ?1,braW idm ki iecdi iui j. i . v-. . that as agent for C. W. RP Mowers he is now prepare R tf I nish the Farmers with TnC ttA' "B0"t notice. . may 11 6w.
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