Indianapolis Journal, Indianapolis, Marion County, 23 January 1886 — Page 3

fHE FUGITIVE- SLAVE LAW. The Lecture of Mr. W. P. Fishback to the School Children Yesterday. An Interesting Review of the History of Slavery in the United States—The • Underground Railroad. W. P. Fishback talked to the school children yesterday afternoon, at Plymouth Church, his •object being “The Fugitive Slave Law.” In beginning his talk he referred to the patriotic song the audience had sang preceding the lecture. He said: Our country that we have been singing about is deserving e>f the praise we have given it It is a great pity it has so many mean men in it, but I am satisfied there were more mean men when I was a boy, snd yet more in my grandfather's time, and meaner than those who live now. Let ns hope our country will grow better and better, until it is what it should be. Before the Revolution, as now, there wero men who wanted to make money, and it is well enough to make money, if it is done honorably. One of the meanest ways to make money is to swindle a man out of what belongs to him; but the very meanest way ever devised by the cruel ingenuity of man was that which stole a man’s labor, that, while he toiled mnd sweat, another man should sit in the shade •nd spend his earnings. When this country was settled, it occurred to men in Now England that it would be a good way to make money by engaging in the African slave trade. So vessels were fitted out from New England ports, by New England owners, by the descendants of those Puritan fathers who came over on the May flower. They went to Jamaica and bought rum, and took the rum to the coast of Guinea. There they would eet the natives drunk, decoy them in their canoes out to the shins, get them on shipboard, and then sail away with the poor wretches to the West Indies, where they would sell them for more rum. They would sell some of this rum in New England and with the remainder they would go to Africa and get more negroes. Men were stolen and subjected to servitude to other men, who had no right to them at all. These slave-traders would often pack these natives into the hold of the ship and shut down the hatches, and there, without water or food, they would die by hundreds. Many were smothered to death. After a while they would open the hatchways and throw out the dead. It has been estimated that often 30 per cent of the natives died before they got to the West India islands. The New England people were making a great deal out of this, and many were sold to Southerners, who paid a great amount of money for them. This was the way slavery was brought to this country, and I have heard preachers say in pulpits that God bad ordained it, and that it was a good thing. After a time our thirteen colonies wanted to come together as a nation. It was no little matter to get thirteen different peoples with different interests to agree on a contract. So a constitutional convention was held, and each of the thirteen colonies sent delegates. Month after month they were trying to agree upon what terms they should live toeether. Slavery at that time existed in several of the Northern States. Georgia and South Carolina said: “If you do not allow us to keep our slaves and go to Africa and get more, we will not come with yon.” It was finally agreed that they should be permitted to import slaves until 1808 and then Stop. Strange to say, Virginia opposed the slave trade, and wanted it stopped, and Massachusetts insisted that it should continue. After a while, a bright Yankee boy (Whitney) invented a machine, and it is said that machine has done good; has caused great suffering and misery. He invented the cotton gin. Cotton grown in a boll, and is filled with seeds, audit was so tedious and expensive to separate these seedß that there was not much demand for cotton. Bnt this machine separated the seeds from the cotton and made it profitable to grow cotton. Cotton was in demand and the valuo of negroes increased. Before the machine was invented negroes were worth one hundred or two hundred dollars; afterwards they were valued at SI,OOO a head. I •aw a negro caught in Indianapolis once who was worth SI,OOO.

Slaveholders were not all cruel, but there were many who were. These drove slaves like dogs, beat them, put iron collars upon their necks, cropped their ears, branded them with hot irons, •old them on the auction block. Some laws the slave States made were very peculiar. Slaves were not allowed to learn to read; slaves found together in a cabin, trying to learn to read, were beaten, according to a law of South Carolina, with many stripes. A white lady, Mrs. Dix.was put in jail for some months, in the South, for attempting to teach s'wes to read the Bible. Men who were in sympathy with slaves were punished. Amos Dresser, a eolporter, went to Memphis to sell Bibles. He had a copy of the New York Tribune in his trunk—a newspaper that was not tolerated in the South. When a man from the North came among them they took all sorts of liberties with him. They would take his letters out of the postoffice and read them. They opened Mr. Dressers trunk and found a copy of the Tribune. Then they took him outside the city of Memphis, stripped him, and beat him until the blood ran down to his feet And when he was an old man, teaching me Latin grammar, he had the scars on back. Elijah Lovejoy, a Presbyterian minister, who wrote in his newspaper, advocating the manumission of slaves, was killed at Alton. 111., in 1837, by a mob that came over from Missouri They killed him because he had published in bis paper that slavery was wrong. You see how intolerant were those who believed in slavery. There was a great deal of money in it, and when there is much money in a thing men will do a great deal of wrone for it Hero ia Indiana, at Pendleton, Fred Douglass was taken by a mob. They broke his ribs and left him on the ground for dead. I myself have seen an old man, a former United States Senator from Ohio, who was mobbed and rotten-egged because he was an Abolitionist The first thing the slave studied was astronomy. He looked to the heavens and saw the stars, and particularly the north star, that lighted the way to Canada, where his shackles would drop off. There was no place in this country where tho slave could find freedom. In 1843 a law was passed that a slave running away could be captured and taken tack to slavery. Slavery cared nothing for the ties of kindred among black people. Husbands were separated from their wives, children from their parents, brothers from sisters, mothers from their babes. Very naturally these people were discontented, and wanted to get away from this thing. England had engaged in the slave trade, but Wilberforce and others had slavery abolished. Then it was declared that no slave could breathe the air of Britain without becoming free. There was a ship, calied the Creole, on her way to New Orleans with a cargo of negroes. Off the North Carolina coast these negroes rose, murdered the captain, took the vessel and put into the port at Nassau. Some people wanted to go to war with England because she would not return those slaves. She told us to do so if we wished. Levi Coffin lived in North Carolinawhen he was • boy. and when be went out into the woods to feed tho hogs he used to take other food along to feed runaway negroes. Tho woods were full of runaway slaves. They kept hid by dav and traveled by night They could not travel in the daytime because they had no pass, and if found without a pass they would be arrested. The fugitive slave law I have mentioned did not please the people of the South, so in 1850 a now fugitive slave law was enacted. It provided that certain men in the Northern States Should be named as commissioners. A negro caught in the North, could be taken before one of these commissioners, who wss something like • justice of the peace, and then be examined, and if he was the person sought for, the master could take him back. There was no jury trial, only the word of the claimant. If a mule got on this side of the Ohio river the owner could sot take him without a jury trial. But the mere fact that he said that was his negro allowed him V> take the negro and try the case down South, Where it is certain the negro would have no griends. This fugutive slave law provided pun-

ishment for the person wbo should even give food to a runaway slave. There was need for an underground railroad and it was established. The terminus of this road was in Canada, and it beean anywhere in the South. There were conductors, eating houses, all along the route; the trains were night trains and alt were deadheads, Mr. |Coffin, who came North, was called the president of the underground railroad, because he had assisted more of these poor fugitives on their way to Canada than any other man. Up to 1840 it was said that 40,000 slaves had followed the north star to Canada over this railroad. On this road everybody worked without pay. John Freeman was a free negro who lived in this city. He had acquired some property, and was a reputable man. A white man came here from down South, saw Freeman on the street, and said that he was his runaway slave. He had Freeman arrested and put in jail. Freeman was in ebarge of the United States marshal of this district. This man who claimed him was not quite sure, so he was allowed to go to the jail and Freeman was stripped that he might look over his body and thus be helped in making up a description, and be enabled by this perjured testimony to claim him as his slave. After all this the people here would not let Freeman be taken without trial by jury. There was great excitement. Other men came from the South who said Freeman was not the man’s slave. Yet under this infamous system a free man came near being taken into slavery. A slaveholder named Vanlandigham tried to take a negro through this city to the South. The greatest indignation was aroused, and after spending a thousand dollars—as much as a negro was worth—he had to go without him. The people in the North were becoming more and more exasperated. Harriet Beecher Stowe’s book came out. You remember tho story of Eliza Harris crossing the Ohio upon the cakes of ice. Mr. Coffin says that is literally true: that he knew the heroine. She escaped by Ripley, 0., and came to his house, and he cared for her for a day or two. There was another Eliza fleeing from slavery, who was captured near Cincinnati—Eliza Garner —and she took a knife and cut the throats of her two children, rather than that they should go back to slavery. But they took her back South. One of the amazing things about this slavery question was that not alone in the South, but in the North, there was a strong pro-slavery feeling. Even our preachers favored it They said slavery was authorized by the Bible, and it was the duty of Christian people, when they saw a runaway slave, to give him up to his master It was insisted upon by statesmen that all good citizens should see to it that the fugitive 6lave law was rigidly enforced—this law that made it a crime to give a drink of water or a crust of bread to a runaway slave. New, Ido not denounce those people. I pity them. A few months ago there was called together by Mr. William H. English, at English’s Operahouse, the survivors of the constitutional convention, the men who made the present Constitution of Indiana The thirteenth article of that Constitution provides that no negro or mulatto shall come into this State, and that any person who employs such uegro or mulatto, or encourages him to remain in this State, may be fined SSOO. I was glad that at the meeting of these old men who had made that law there was one old man over seventy years old (Gen. William McKee Dunn) came all the way from Washington City to read a paper, in which he thanked God that he had not voted for that article. (Great applause.] This shows what an effect slavery had upon the people and upon politicians of the North as well as at the South. Everytime a colored man crossed the Ohio river there was a thousand dollars ont of somebody’s pocket There is a man in the United States Senate to-day who used to be the negro-whipper on his father’s plantation. It was his pride to take a cow-hide and whip a negro who had disobeyed his father or his mother. I have seen the public whipping post in St. Louis where the whipper was paid for whipping negro men and negro women. Charles Dickens, in his American notes, gives some of the advertisements that used to appear in the newspapers. I have seen such advertisements, usually with the wood-cut of a negro running, with a stick and bundle over his shoulder. Ran away—Negress Caroline. Had oh a collar with one prong turned down. Ran away—A black woman, Betsey. Had an iron bar on her right leg. Ran away—A negro boy about twelve years old. Had round his neck a chain dog-collar with l)e Lampert engraved on it. Ran away—The negro Hown. Has a ring of iron on his left foot. Also, Grise, his wife, having a ring and chain on the left leg. Ran away—A negro woman and two children. Before she went off I burned her with a hot iron on the left side of her face. I tried to make the letter M. One hundred dollars reward for a negro fellow, Pompey, forty years old. He is branded on the left jaw. Ran sway—A negro girl called Mary. Has a small scar over her eye and a good many teeth missing. The letter A is branded on her cheek and forehead. They used to go gunning for negroes. A favorite pastime in the South was to go gunning for them on Sunday. They used to mark them by cutting off the rim of the right ear. They cropped them as cattle are cropped in New Mexico and Montana. Ido not say slaveholders were all this kind, but I do say that the slave laws of the South permitted slaveholders to treat people this war. No wonder that they journeyed to the north star, or that people in the North were ontraged and said this thing should not continue. They said that this fugitive slave law, if it remained upon the statute book, must be a dead letter. The North and South got at loggerheads. The South said it was a divine institution, and they would spread it over the Territories. The people of the North were exasperated at the attempt to enforce this slave law and the attempted extension of slavery, and the people of the South were angry because they saw their property was getting away from them. Then came trouble in Kansas, which you will hear about in the next lecture, and then the election of Mr. Lincoln brought on the war. Volunteers went out to fight for flag and country. Men went from New England and from (he West. Then it was found that when the Puritans bought rum, and stole and sold negroes, it was to be paid for in the blood of her sons, and the people of the South found that the unrequited toil of the uegro was to be paid for in blood. And the armless sleeves, the maimed and crippled, the orphtn and the widow and all the suffering of a long and terrible war came because of the trade in human beings—because there was money in it, because it paid. An ancient Greek has said: “To be born with a hatred of injustice is a gift of the gods.” Let us oppose injustice, no matter ‘whether it be upheld by tho pulpit, no matter what may be said by books. The next lecture of the course, subject: “John Brown,” will be given by Dr. A. W. Bray ton next Friday afternoon.

PERSONAL AND SOCIETY. Mrs. Lida Hood Talbott is the guest of Mrs. John Jones. Lieut. Thomas Defrees, of the regular army, is visiting in the city. Messrs. Harry Adams, J. T. Brush and Chris Brink are in St. Louis. Miss May Culbertson, well known in society circles, is visiting in Washington, D. C. Mrs. Mary Bandy, of Danville, 111., is the guest of her sister-in-law, Mrs. Lily Bandy. Mr. and Mrs. Wm. Griffith, No. 412 Broadway, last evening entertained a circle of friends at tea. Mrs. Allen Sammons gave a delightful tea and euchre party last evening at her home on East Washington street A dance will be given by the Richardson Zouaves at Pfafflin's Hall on Wednesday evening, Feb. 3, beginning at 8:30 o'clock. Mrs. Harold Hibben received her lady friends yesterday, followed by an evening dancing party, which was well attended by the young people. Mrs. George W. Parker, wife of Col. George W. Parker, of Pendleton, who has been visiting friends in the city during the last week, returned home yesterday. The ladies of the Indianapolis Free Kindergarten and Children’s Aid Society will soon give another enjoyable “high tea.” for the benefit of their most worthy cause. Time and place to be announced hereafter. The reception given by Mrs. Bingham yesterday afternoon was largely attended. It was an unusually brilliant assemblage ot the society devotees of the city. The house decorations, refreshments and other appointments were perfect. Hotel Arrivals. Bates House: George P. Heilman, Evansville; M. N. Lempert, Rochester; J. H. Ford, Wabash;

fHE INDIANAPOLIS JOURNAL, SATURDAY, JANUARY 23, 1886.

Joba W. Ragsdale, Franklin; F. B. Fox, B. B. Jones, A. S. Knapp, Sam J. Brash, Columbus; J. O. Henderson, Kokomo; George S. Williams, C. J. Williams, New York; J. Henry Gest, Cincinnati; Ben F. Walker, Niagara; G. M. Fisher, Erie, Pa. Grand Hotel: W. R. Hogshire and Peter Morningstar, Waverly; Richard Breaks and W. B. McCormick, Crawfordsville; Frank M. Wright, Jackson; H. M. Shull, F. D. Clark and wife, Franklin; Mr. and Mrs. A. W. Southwick, Evansville; Henry Maley, Edinburg; H. Feltman, jr., Covington; C. EL Cook. Fort Wayne: S. Stephens and wife, Elkhart; E. F. Jones, Michigan City; J. Williamson and Ben Davidson, Shelbyville; Dr. J. W. McConnell, Angola; H. Smith. Valparaiso; Charles Post. Monroe: Wm. H. Lefevre, C. A. Shafer, Syracuse. AMUSEMENTS. GRAND OPERA-HOUSE —M’LLE AIMEE. The performance at the Grand Opera-house last night had varions novel and entertaining features. A good part of the second act of “Mamzelle” was played out in the audience, much to the utter surprise and subsequent amusement of the uninitiated, the actors speaking their lines in an apparently unconventional way both from the stage and the auditorinm. And, again, it was a decided novelty to see M’lle Aimee in comedy, instead of opera bouffe, and playing a part in English, which she speaks understandimrly, instead of French. The comedy is bright and entertaining, and Aimee’s powers of expression have been impaired little by age. She is not a great singer, but she is pleasing and entertaining in herassumption of artlessness and youthful gayety. The genteel specialties, so prettily introduced, were a striking feature of the performance. The support accorded by Mr. Russell Bassett, Miss Wallace, Miss Weidman, Mrs. Chisnell, who made a great hit, and the other members of the company, was adequate to tho parts assumed by them. “Mam'zelle” will be given again at the matinee, and the engagement will conclude to-night with the new and successful farce comedy, “Miss or Mrs.,” which Aimee also plays in English. THE DIME MUSEUM. At the Davenes’ three-hundredth appearance last night Mile. Lotto was presented with a basket of flowers. A number of amateurs were included in the bill. The Zoo management have re-engaged the Davenes for next week, and they will appear in anew prograramee. There will be some new people, and a long list of specialties will be presented. THE CITY IN BRIEF. Rev. E. J. Gantz, of the Central Christian Church, will again conduct the 4 o’clock teachers’ meeting, at the Y. M. C. A. rooms, to-day. The Euterpean Literary Society met last Tuesday evening at the residence of Miss Villa Coonse. The next meeting will be held at the residence of James Wilsou, 103 South New Jersey street, Feb. 2. Taskell, charged with rape, and who was shot by the woman’s brother, is to be tried on the 26th inst. He has secured Major Gordon and James Cropsev as attorneys. It is said two colored societies have raised the money to procure him this legal assistance. Injured by Falling on the Pavement. Mrs. Beaumont, of No. 167 Huron street, fell on the pavement, at the corner of Washington and Noble streets, last evening, and broke a leg. She was taken home in Kregelo's ambulance. GRANT AND HALLECK. The Former Felt that He Had Been Badly Treated by the Latter. Interview with Gen. John Newton. I know that Gen. Grant always felt that he was badly treated at the hands of Halleckin the early part of his career. I remember his having talked with me about it. He never was bitter or vituperative in any sense, but he expressed himself as being entirely unable to understand why Halleck should have thrown all tho obstacles possible in his way when he was at the front doing all be could to defeat tue enemy. There is no doubt in my mind that Halleck was jealous. 1 remember one instance particularly that always seemed very unjust to Gen. Grant. Halleck was a great soldier on paper only. He could take a city by regular approaches according to rule excellently, and when he got it taken there was probably no one present but a few darkies and some Quaker guns, as there was at Corinth, and the enemy was four days’ march away. Halleck ordered some very full and detailed reports made in regard to his forces, etc. These reports did not come, and Halleck administered a very severe rebuke to Grant, who explained that he never received the order to make the re ports. But Halleck seomed unwilling to believe him. It afterwards transpired that Halleck’s telegraph operator, who had been entrusted with the duty of sending this telegraphic order, was a traitor, and had turned this, with many other orders, over to the enemy. Yet Halleck never apologized for his unjust treatment. Halleck was not an able general; he was an educated fool. By that I mean that he knew a good deal of what was in books on military tactics, but he had no common sense. He was made a majorgeneral before he did anything. He would never have been raised so high for anything he did do. He seemed to be a sort of pet of Secretary Stanton, however, and he was placed in command of the Army of the Potomac after he had commanded so badly in the West When the people demanded that the successful soldier be put in command of their armies, and with great reluctance Grant was recognized as the people’s man to put in command—there still seemed to be an idea prevalent here that Halleck was necessary, and that he must be retained. He was accordingly made chief of staff. Halleck was a coldhearted, selfish man. There is no doubt about his having been jealous of Grant, as he was of others.

What Influenced Lamar in the Telephone Ruling. Milwaukee Sentinel. Some of the influences which have weight with Mr. Lamar may now be considered. First, there is his colleague in the Cabinet, the Attorneygeneral, with his $1,500,000 stock. His friend, Senator Harris,of Tennessee, i3another prominent stockholder in the Pan-olectric. Senator Gor man, of Maryland, is another. Ex-Con-gressmen Manning and Money, of Mr. Lamar’s own State, and warm personal and political friends of Lamar, are among the directors and officers of the Rogers Telephone and Telegraph Company, which is a combination of interests in the Pan-electric and the American Postal Telegraph Company. Gen. Joseph E. Johnston, of Virginia, a leading rebel general, ex-member of Congress, and now Commissioner of Railroads, is another large holder of Pan-electric stock. Mr. Vance, Lamar’s subordinate in the Interior Department, has been shown to have taken a deep interest in the Pan electric, and is doubtless a stockholder. J. D. Calkins, Commissioner of Indian Affairs, a bureau of Mr. Lamar’s department, is another big stockholder. Thus there was a tremendous aggregation of personal and political influence brought to bear upon Lamar. It is a powerful ring, and it proposes to use, as far as possible, the government to promote its speculative interests. No more flagrant instance of the use of official position for corrupt and selfish ends can be found in the history of the United States. “Office is a public trust.” Invalids’ Hotel and Surgical Institute. This widely celebrated institution, located at Buffalo, N. Y.. is organized with a full staff of eighteen experienced and skillful physicians and surgeons, constituting the most complete organization of medical and surgical skill in America, for the treatment of all chronic diseases, whether requiring medical or surgical means for their cure. Marvelous success has been achieved in the cure of all nasal, throat and lung diseases, liver and kidney diseases, diseases of Die digestive organs, bladder diseases, diseases peculiar to women, blood taints and skin diseases, rheumatism, neuralgia, nervous debility, paralysis, epilepsy (fits), spermatorrhea, impotency and kindred affections. Thousands are cured at their homes through correspondence. The cure of the worst ruptures, nile tumors, varicocele, hydrocele and strictures is guaranteed, with only a short residence at the institution. Send 10 cents in stamps for the Invalids’ Guide’ book (168 pages), which gives all particulars. Address. World’s Dispensary Medical Association, Buffalo, N. Y.

MUST BE COMPENSATED FOE. The State Cannot Destroy Private Property Under Prohibition Laws. Points in the Decision of Judge Brewer, in Kansas—-A State May Prohibit, but Cannot Confiscate Tested Eights in Property. Topeka, Kan., Jan. 22.—Judge Brewer filed a lengthy opinion in the case brought by John Walroff, of Lawrence, for the removal of certain proceedings commenced against him in Douglas county to the United States Circuit Court. The Judge says: “The facts upon which the foundation question in this case rests are few and simple. Between 1870 and 1874 the defendants constructed a brewery in Lawrence, Kan. The building, machine-ry and fixtures were designed and adapted for the making of beer and nothing else, for which purpose they are worth $50,000; for any other purpose, not to exceed $5,000. At the time of the erection of the building, and up to 1880, the making of beer was as legal and as free from tax, license, or other restriction as the milling of flour in that year. A constitutional amendment was adopted prohibiting the manufacture of beer, except for medicinal, scientific and mechanical purposes. In 1881 and 1885 laws were enacted to carry this prohibition into effect. Under these laws a pormit was essential for the manufacture, for tho excepted purposes, to the defendants. This permit was refused. An injunction was thereupon sued out from the District Court enjoining defendants absolutely from the manufacture of beer. Thus, in strict conformity to the laws of the State, the defendants are prohibited from using their property for the purposes for which alone it is designed, adapted and valuable, and are required, without compensation, to surrender $45,000 of value which they had acquired under every solemn, unlimited guarantee of protection to property which constitutional declaration and this underlying thought of just and stable government could give. The action in whieh this injunction was granted they now seek to remove to this court, and insist that no matter what the State may think or do the fourteenth amendment to the federal Constitution doe3 give protection, or, at least, they are entitled to the opinion and jugdmerit of the federal courts upon the question whether that portion of the fourteenth amendment which forbids a State to deprive any person of life, liberty, or property without due process of law, and to deny any person within its jurisdiction the equal protection of the laws, is not violated by this action of tho State as respects them. “It is idle to deny that the question here presented is one of difficulty and grave importance. On the one hand it is insisted that both the amendment and the laws were duly, and in compliance with established forms of procedure, adopted and enacted; that the withholding of the permit was tho act of a judicial officer in the exercise of a proper and granted discretion; that the injunction was issued out of the regular court of general original jurisdiction, and in an ordinary and familiar form of action; that thus there has been due process of law, and that the amendment does not prohibit a State from depriving a person of his property, but only prohibits such deprivation without duo process of law. On the other hand, it is apparent that the de fendants, having invested large properties in a perfectly legal business, are stripped of the value of such properties, and that not as the indirect and consequential result of legislative changes in the law, but by a direct prohibition upon the only use for which such properties are designated, adapted and valuable. Is a State potent, through the forms of law, to take from a citizen, by direct action, the value of his property without compensation?” The Judge then refers to various decisions of the higher courts touching arbitrary legislation, the condemnation and confiscation of property, and establishing the fact that the case in point presents a federal question giving the right of removal. The decision continues:

“Debarring a man by express prohibition from the use of his property for the sake of the public is a taking of private property for public uses. It is the power to use, and not the mere title, which gives value to property. Give a man the fee-simple title to a flour-mill, coupled with an absolute prohibition on its use, and of what value is it to him? In the most common and ordinary cases of taking private property for public uses —the condemnation of the right-of-way for a railroad —the title is not divested. The owner still retains the fee-simple, and he is only debarred from the use. When the railroad abandons the use he retakes it. .1 meet here the common argument that when private property i3 taken for public use there is always a transfer of the use from one party to another; that here the use is not transferred, but only forbidden; and that this deprivation of the U6e is only one of the consequential injuries resulting from a change of policy on the part of the State for which no compensation or redress is allowed. It is dominum absque in jura. The argument is not sound. As a matter of fact, in condemnation cases, seldom is the particular use to which the property has been put transferred. Almost always that use is destroyed in order that another may be acquired. The farmer surrenders a part of his farm to the railroad company, not that the company may continue . its use for farming purposes, but that the public may acquire the benefit in another direction, So where land is flowed by a mill dam; and thus it is generally. Here the use is taken away solely and directly for the benefit of the public. For no other reason and upon no other grounds could it be disturbed. Os course, in this, as in other cases, some use remains to the owner; but here, as elsewhere, the use which is of special statute is taken from him for the benefit of the public, and this is not a consequential result. It is not that the profits of his manufacture are reduced by reason of a prohibition upon sales. The law speaks to him by direct command, and says, “Stop your manufacturing.” It is idle to talk of consequential results and injuries when the law in direct language forbids the use of the premises for a brewery. “I assert, secondly, that national equity as well as constitutional guarantee forbids such a taking of private property for the public good without compensation. In the case of the State vs. Mugler (29 Kansas, 252,) this question was presented to the Supreme Court of Kansas, and as a member of the court I then expressed this opinion. lam aware that my brethren differed with me, and that tho court held that the State Constitution carried no such proposition. In view of that decision I shall have little to say in respect to the guarantees in the State Constitution. 1 may, however, be permitted to say—and I do it with the highest respect for the members of that court, and with the utmost deference to its opinion and judgments—that in the light of the frequent discussions of the question since that decision—and the more I have reflected thereon the more profoundly am I convinced —the guarantees of safety and protection to private property contained within our State Constitution forbid that any man should thus bo despoiled of that which gives valuo to his property for the sake of the public good without first receiving compensation for that which is taken from him.” Judge Brewer then rehearses the opinions of other courts in indorsement of his position. The decision concludes as follows: “Now, in the case at bar, while judicial proceedings are prescrioed, yet the spoliation is the direct command of the Legislature, and the judicial proceedings are only the machinery to execute that command. No discretion is left to the courts. The Legislature has in terms said to defendants: ‘Stop your use of your brewery,’ and has directed the courts to enforce that command. There is nothing but mere machinery between the Legislative edict and an unused, valueless manufactory. As well might the executive as the courts be charged with the enforcement of this command. Sueh a command, no matter how enforced, operative to deprive the citizen of the value of his property without compensation, is, in the language of Mr. Justice Bradley, ‘arbitrary, oppressive and unjust,’ and therefore should be declared tc be not due pro cess of law. “Fourthly, and as a necessary consequence of the preceding legislation, which operates upon the defendants, as does this, in conflict with the fourteenth amendment, and aH to them void, at least it presents a question arising under such amendment as to whether they are entitled to the opinion and judgment of the federal courts, as the amount in controversy is unquestion-

ably in excess of SSOO. The case is a removable one. In view of what has hitherto fallen from my pen in other cases, it may be unnecessary to add anything further, yet to guard against any possible misapprehension, as well as to indicate that my views, as expressed upon other questions, have not changed, let me say that I do not in the least question the power of the State to absolutely prohibit the manufacture of beer or doubt that such prohibition is potential as against anyone proposing in the future to engage in such manufacture. Any one thus encaging does so at his peril and cannot invoke the protection of the fourteenth amendment or demand the consideration and judgment of the federal courts. All that I hold is that property within the meaning of that amendment includes both tha title and the right to use: that when the right to use in a given way is vested in a citizen it cannot be taken from him for the public good without compensation; beyond any doubt the State can prohibit defendants from continuing their business of brewing, but before it can do so it must pay the value of the property destroyed. “Nothing that I have said in this opinion is to be taken as bearing on the question of the sale of beer or the power of the State over that. Counsel claimed that the right to manufacture without the right to sell was a barren right. Whatever limitations may exist in this State, the markets of the world are open, and with such markets the right to manufacture is far from a barren right Other questions were discussed by counsel at great length and with great ability. I have not noticed them in this opinion —already quite lengthy—because this question is in the case, cannot be ignored, and justifies a removal. The motion to remand will be overruled. “One thing more I may bo excused for referring to. In tho course of the various arguments that have been made to me in this State and the sister State of lowa on the question of removals to the federal courts of proceedings to enforce their prohibitory laws, it has more than once been intimated that jurisdiction in the federal courts of such proceedings meant the nullification of those laws. There could be no greater mistake. The judges of these courts are citizens of the United States —as interested as any citizen in the good name of their States, the enforcement of their laws, and the sobriety of their citizens. Experience has shown that those courts enforce laws as strictly as any, are as little disposed to tolerate trifling or evasion of their orders, and generally with a severer hand. If it should so happen that, by the judgment of the Supreme Court of the United States, the ultimate tribunal in this Nation, it should be determined that in this or any kindred case, the zeal for temperance of the good people of this State has led them to infringe upon sacred and protected rights of property, I cannot doubt that they will gladly hasten to make the compensation which shall be found just.” Tilden’s Self-Imposed Banishment. New York Letter. Smith M. Weed, the friend of Mr. Tildeq, said to me to-night that the sage of Greystone has determined not to come to this city again during his lifetime. His objection is the rough stone pavements, which he pronounces barbaric in their torturo. It is probable that a desire to avoid office-seekers who migbt ask his signature to petitions has something to do with this retirement, which has continued now for a year and a half. Mr. Tilden’s handsome Grumercy Park house is in charge of a housekeeper and watchman. I asked Mr. Weed if it was true that Mr. Tilden intends to leave it to the public for a library, and he replied: “No one really knows. It is not probable that he will permit it to be sold. His library is in great disorder, consequent on his drafts upon it for Greystone. He sends down for books every few days. He has had all his private papers and memoranda sent to Greystone, and has been making some alterations in the Gramercy Park library to enlarge it,” Damages fur Breach of Promise. Keokuk, la., Jan. 22.—The jury in the breach of promise suit of Miss Maggie Harrison against Lawrence R. Riper, this morning returned a verdict in favor of plaintiff, and awarded her SSOO damages. I was an extreme sufferer for four years from neuralgia. I took four or five doses of Athlophoros, and tho next morning when I awoke the neuralgia was cone, and has never returned. John R. Rea, pattern-maker, 127 Jones street, Dayton, O.

DIED. MOFFITT—On Friday, January 22, Samuel B Moflitt, of consumption, aged twenty-nine years. Burial private. CHARLES E. KREGELO, FUNERAL DIRECTORand EMBALMEU TELEPHONE 561. FREE AMBULANCE. SANITARY HOME—At 331 North New Jersey st., Indianapolis, Ind. Chronic diseases and" diseases of women a specialty. The methods employed are electricity, Swedish movements, baths and other hygienic agents. RACHEL SWAIN, M. D. DT7 AVMr C 0! Its CAUSES and CURE, IN by one who was deaf 28 years. Treated by most of the noted specialists of the day with no benefit. Cured himself in three months, and since then hundreds of others by the same process. A plain, simple and successful home treatment. Address T. S. PAGE, 128 East 26th street, New York CityJ ANNOUNCEMENTS. DR. A. W. BRAYTON. OFFICE, 19 WEST OHIO street. Resident. 4, Ruckle street. POLITICAL ANNOUNCEMENTS. Township Trustee. WM. F. RUPP—FOR TOWNSHIP TRUSTEE— Subject to Republican Nominating Convention. JOS. R. FORBES WILL BE A CANDIDATE FOR Township Trustee, subject to the Republican nominating convention. Township Assessor. Hugh w. white will be a candidate for Township Assessor, subject to the decision of the Republican township convention. FOR SALE. CtOR SALE—ONLY ONE DOLLAR PER J 1 the Weekly Indiana State Journal Send for it. I.IOR SALE—HOME, PLEASANTLY LOCATED, . in Montezuma, Ind.; price, $1,000; or will exchange for Kansas real estate, improved or unimproved. E. B JONES. Hillsdale, Ind. WANTED. STENOGRAPHER WANTS POSITION AS CORrespondent with manufacturing or mercantile firm; can keep books If desired. Address 11. C., this office. ANTED—MEN AND WOMEN TO~START A r.ew business at their homes; can be done evenings and learned in an hour; any person making less than 10c to 50c an hour should send 10c at once for a package of sample goods and 24 working samples (formulas) to commence on. Address ALBANY SUPPLY CO., Albany. N. Y. Aui'NTS WANTED. Agents— any man or woman making less than $-40 per week should try our easy money-making business. Onr $3 eye-opener free to either sex wishing to test with a view to business. A lady cleared $lB in one day: a young man S7O on one street. An agent writes: “Your invention brings the money quickest of anything I over sold.” We wish every person seeking employment would take advantage of our liberal otfer. Our plan is especially suitable for inexperienced persons who dislike to talk. The free printing we furnish beats all other schemes and pays agents 300 per cent, profit. A lady who invested $1 declared that she would not take SSO for her purchase. Write for papers; it will pay. Address A. H. MERRILL & CO.. Chicago. _ FINANCIAL. FINANCIAL-MONEY ON MORTGAGE—FARMS and city property. 0. E. COFFIN & CO. ONEY AT THE LOWEST RATES OF INTER-’ est. J. W. WILLIAMS & CO., 3 and 4 Vinton Block. I' OANS NEGOTIATED ON IMPROVED FARM J and city property in Indiana and Ohio. JOS. A. MOORE, 49 East Washington street. WE WILL FURNISH MONEY ON FARM SK curity, promptly, at the lowest rates, for long or short time. THOS. C.DAY & CO., 72 E. Market

Dyspepsia or Indigestion is the stomach’s protest against unsuitable food, the excessive use of alcohol or tobacco, hasty eating and drinking, and all Irrational habits of living; and Ayer’s Sarsaparilla is the stomach’s best friend, relieving it of distress, and aiding its return to healthful action. C. Canterbury, 141 Franklin at., Boston, Mass., a confirmed dyspeptic, was Cured By the use of Ayer’s Sarsaparilla. He sayar “I suffered severely from Dyspepsia foi several years. I consulted five or sto physicians, who gave me no relief. A last I was induced to try Ayer’s Sarsapa rilla., and by its use I am entirely cured/ O, T. Adams, Spencer, 0., says: “I hav. for years suffered acutely from Dyspepsia, scarcely taking a meal, until within the last four months, without enduring Ihf most distressing pains of indigestion. AYER’S, Sarsaparilla has restored me to perfect health.” Prepared by Dr. J.C. Aver & Cos., Lowell Mass., L. S. A. Sold by all Druggists. Price $1; six bottles, $5. WROUGHT |fc IRON HPIPE FITTINGS. Selling Agents for NatiONAU Tube Works Cos. jrhj HPlf Globe Valves, Stop Cocks, EnjpCWJ telltS gine Trimmings. PIPETONGS, pfjj wm CUTTERS, VISES, TAPS, pfigl Stocks, and Dies, Wrenches, WBb3 kJeSF Steam Traps, Pumps, Sinks, :-£R l M HOSE, BELTING, BABBIT gKgf m METALS (25 pound boxes), , l f|' Cotton Wiping Waste, white I -fe and colored (100 pound bales), Uli | and all other supplies used in }gt connection with STEAM, WAI s I M&R TEIt and GAS, in JOB or RE--1%, TAIL LOTS. Do a regular 4* t IjgS steam-fitting business. Estip§j tyti mate and contract to heat Mills, Oil Shops, Factories and Lumber hSS LBL Dry-houses with five or exhaust - ‘j steam. Pipe cut to order by I 1 KNIGHT TjILLSON, llf 75 and 77 S. Penn. St.

GRAND HOTEL, INDIANAPOLIS. IND. Passenger elevator and all modern conveniences. Leading Hotel of the city, and strictly first-class. Rates, $2.50, $3 and $3.50 per day, the latter price including bath. GEO. F. PFINGST, Proprietor. GRATEFUI COMFORTING. EPPS’S COCOA. BREAKFAST. “By a thorough knowledge of the natural laws which govern the operations of digestion aiidnutrition, and by a careful application of the fine prope ties or well-selected Cocoa. Mr. Epps has provided our oroakfast tables with a delicately-flavored beverage, which may save us many heavy doctors’ bills. It is by the judicious use of such articles of diet that a constitution may be gradually built up until strong enough to resist every tendency to disease. Hundreds of subtle maladies are floating around ns, ready to attaak wherever there is a wealPpoint. We may escape many a fatal shaft by keeping ourselves well fortified with pure blood and a properly nourished frame.’’—Civil Service Gazete. Made simply with boiling water or milk. Sold otfly in half oOund tins by Grocers, labeled th is: JAMES EPPS & 00., Homoeopathic Chemists, London, England. CRISTADORO’S HAIR DIE is the best; acts instantaneously, producing the SO, most natural shades of Black or Brown; does not stain the A 1 ClffsTA POItO’S lIAIR US3 PItK S E KYAT IV E AND M BKAUTIFIER is the best U dressing for the hair. Try it. l3| Price. *l. Bin J. CarsTADoao, 95 William treet, N. Y. Interesting pamphlet sent free. CHURCH SERVICES. Christian. CENTRAL CHRISTIAN CHURCH-CORNER OF Delaware and Ohio sts. Rev. E. J. Gantz, pastor. Preaching to-morrow at 10:30 a. m. and 7:30 p. m. Morning subject, “Adorning the Doctrine.’’ Evening subject. “Baptism—lts Place and Purpose." Sundayschool at 2:30 p. m. Prayer meeting on Thursday at 7:30 p. m. Young people s meeting on Wednesday at 7:30 p. m. An attractive entertainment will be given by the Ladies’ Aid Society on Friday at 7:30 p. m. All are invited to theso services. Methodist Episcopal. (CENTRAL- AVENUE METHODIST EPISCOPAL J Church—Corner of Central avenue and Butlet street. Rev. A. W. Lamport, pastor. Preaching tomorrow at 10:30 a. m. and 7:30 p. m. by the pastor. Class-meeting at 9a. m. Sunday-school at 2:15 p. m, Young people’s meeting at 6:30 p. m. Strangers cordially welcomed. M~ ERIDIAN-STREET METHODIST EPISCOPAL Church —Corner New York and Meridian streets. Rev. J. E. Gilbert. D. D., pastor. Preaching at 10:30 a. m. and 7:30 p. m. Evening subject, “The Disembodied Spirit." Sunday-school at 2p. m. Young people’s meeting at 3:30 p. m. I> O BERTS ~ PARK METHODIST" EPISCOPAL t> Church—Corner of Delaware and Vermont streets. Rev. I. H. McConnell, pastor. Class at Ua. m. and 6:30 p. m. Preaching at 10:30 a. in. and 7:30 p. ra. bv Mrs. L. O. Robinson. Sunday-school at 2p. n>. At 3 p. m. meeting for converts and young peopl * only, led by Mrs. Robinson. Revival services eontimfe the coming week. Preaching every night at 7:30 by Mrs. Robinson, and meeting at 2:3d every evening except Monday. Everybody invited. Presbyterian. First Presbyterian church soum west corner Pennsylvania and New York streets. The pastor. Rev. M. L. Haines, wifi preach to-morrow at 10:45 a. m. and 7:30 p. ra. Evening theme, “Sen* sitiveness of Jesus." Sabbath-school at 9:30 a. m. The public cordially invited. SECOND - PRESBYTERiAN CHURCH—CORNER of Pennsylvania and Vermont streets. Rev. James McLeod, D. D.. pastor. Preaching at 10:30 a. m. and 7:30 p. m. Sunday-school at 2:30 p. m. Prayermeeting on Thursday evening at 7:30. All are cordially invited. SEVENTHP RESBYTERIAN CHURCH-CORNER Cedar and Elm streets. Rev. R. V. Hunter, pastor. Preaching morning and evening by the pastor. Morning subject, “The Magnet." Evening subject, “I Feared the People." Sunday-school at 2:30 p. m. Prayer-meeting on Thursday evening. HPABERNACLE CHURCH—CORNER MERIDIAN’ X and Second streets. Rev. J. Albert Rondthaler, pastor. Morning service at 10:30 o’clock; evenings at 7:30 p. m. Sunday-school and Bible classes at 2:15 p. m. Young people’s prayer-meeting at 3:45 p. m. All are invitea. Universalis t. CENTRAL UNIVERSALIST CHUROH-SERVI. ees overy Sunday, at 10:30, in True Friend Hall, No. 14 When Block. Rev. A. Tibbetts will preach j to-morrow. Subject, ‘The Law of Kindness.” school at close of service. A cordial invitation is ex--tended to all.

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