Indiana State Sentinel, Volume 23, Number 39, Indianapolis, Marion County, 21 April 1874 — Page 6
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THE INDIANA STATE SENTINEL. TUESDAY, APRIL 21 1874.
XYRICS FROM GOETHE. I. TUB VIOLET. . violet In the fields alone. In Spring's creative hour, crouched all unnoticed and unknown ; It was a beartsnme flower. A youthfnl shepherd maidea liime trippln there along, So freely, so gay ly. And atirred the fields with song. - "Ah !M thought the violet, "if I were But nature's favorite flower. Gifted with all she hath most rare, , Ah ! for one little hour ! . So might the darling pluck me, . . And set me in her breast. Jut laid there, to fade l iure, . A minute there to rest." r.nt ah ! but ah ! the maiden came, Traveling In beauty's power; , And recked not of the violet 8 pain, -But trampled the poor flower. It sank, it died, yet gladly; "Yea, though 1 'lie," it cried, 'Twas she there, I see there. Hath crushed me in her pride. II. EVES I KG. Calm Is o'er every hill The trees are still ; Hardly abieath Reest thou stir ysn pine. The tnrusb is silent in her woodland nest. . Boon, too, shall rest lie thine.
SsOLl'lUDE. KEATS. O Soi!tnle! If I must with thee dwell, f oi it nnthnmimiiütbe tumbled heap i if murky building: climb with methesteep Nature's observatory whence the ueu. Its flowery slopes, its river's crystal swell Mo lii f Kra.n ltt me thv vltiila ke-p 'Mongst boughs pavilioued, where the deer's swift leap Startles the wild bee from the foxglove bell, i;ut though 1H gladly trace these scenes with Yf t the sweet converse of an innocent mind, WhONe words are images of thoughts refined, Is my soul' pleas-nre; and it sure must be Airiirmt the highest bliss of humankind, When to tuy haunts two kindred spirits flee. NEWS AND GOSSIP. Salvini -will soon make, another tour through American citiea. Lord Chief Justice Cockburn, of England, will pnblish his work on "J unius" next September. Senor Castelar has written a novel entitled "La Histona de Au Corazon," or the Story ola Heart. Senator Edmunds, of Vermont, has returned to the Senate from Florida with Lis htalth greatly improved. Mr, Ivory Chamberlain, of the New York World, is writing a history of political parties ia the United States. Dean Stanley has consented to the erection of a memorial to the brothers Wesley in Westminster Abbey. Miss Middy Morgan, of the New York Times has just arrived in New York from a 5,(M)0 mile trip through Texas. William Kverett will deliver the poem before the Unitedl Library Society of Dartmouth, next commencement. Letters received from the Rev. James Freeman Clarke, who is at Beaufort, S. C, say that his health is improving. Mtes Helen Dickens, daughter of the late Charles Dickens, has won much praise by a novel entitled "The Mill-WheeL" Mr. Jay, Unitad States Minister to Vienna will return to the United States during the present month, on leave of absence. Alexander Duruaä speaks of a dead actress as that pretty little Parisian soul born in a peal of laughter, evaporated in a tear. President Eliot, of Harvard College, iss in England, on a three months' visit, to investigate the educational systems of Oxford and Cambridge. Franklin Simmons has received the contract for the marble statue of William King, the first governor of Maine, authorized by the last legislature. Liszt made his first appearance in public in 1S20, in Dodenburg, Hungary; and a few weeks ago he gave a concert in that place for the benefit of the poor. Wachtel'a refusal to sing Wagner?s music was that. "I have probably six years more to sin;, but if I undertake Wagner's operas I shall have six months. Captain Brown and Jean Tuil, two perjured witnesses in the Tichborne case, have lately been sentenced respectively to five and seven years penal servitude. Butler will be fifty-six years old next November. ' The proposal to make the anniversary ci his birth a day of national fast ing and prayer excites much enthusiasm. At the Sumner memorial service at Boston on the 2Lth insfeant, Senator Schurz will be introduced by Wendell Phillips, and Oliver Wendell Holmes will recite a poem. Mrs. Sarah F, Ames, of Boston, has been importuned to go upon the stage by a leading actor and play "Lady Macbeth" only. Another instance of neglected genius. John Ruskin is full of crochets. He ha just organized a band of Oxford students to work with pick and shovel in beautifying the environs of the town of Hincksey, England. During the last twelve months five ocean steamers, the Atlantic, City of Washington, Ismalia, Ville du Havre and the Europe, have been lost, with the sacrifice of nearly 800 lives. Some of the poems signed II. H., and ascribed to Helen Hunt, are from the pen of Henry Holt, the well-known publisher, who has the literary good fortune to bear the same initials. Congressman Mitchell, of Wisconsin, is said to be worth $ 20,000,000 and is said to be the wealthiest man in the -west, ne is a native of Scotland, and earned most ot his money by banking. Mr. Winwood Reade who, as the special correspondent of the London Times, had opportunities of seeing the whole operations or the Ashantee war, is writing a complete account oi tne campaign. Somebody says that Miss Stewart, daugh ter of the senator, "drives a modest basket phaeton with a livered tiger.and a pale green streamer floating from her whip, in admira- I Die contrast to ner piquant brunette face " I Kev. T, L. Cuyler, some time ago allowed Miss Sarah Smiley to preach in his church. The Presbytery cannot forget and forgive, at least they refuse to rescind at his own request, a resolution of censure on the subject. The committee on public buildings and grounds have reported adversely on the bill of Mr. Ilawley, of Illinois, to establish a bnreau of architecture. A bureau for public fencing and flogging would be more useful. Washington society is rejoicing over the announcement that Mrs. General Williams (previously ' Mrs. Stephen A. Douglass) is soon to return on a visit after quite an exile at some prairie post where her husband is stationed. There are over fourteen million children of the school age in this country. We spend annually for schools over ninety-six million dollars, which is equal to one-third of one
per cent, ot the property, real and personal
ot the whole country, as returned by the last census, and we employ 221,000 teachers. The national government has alreadv set aside for educational purposes 140,000,000 acres of thepublio lands. Prof. Proctor thinks the other planets .are not inhabited. He s:iys Mercury, Venus Jupiter and Saturn are too hot, while Mars and the moon are too cold, some satellites of. Jupiter and Saturn may possibly be habitable. .. . Park Godwin, accompanied by his two daughters, lately, sailed for Europe. Mr. fiodwiu's health, which has not been over firm since the war, has again given way since Lis return to active work on the Evening Post. In the House of the Ohio Legislature, bills have been introduced to amend the code of civil proceedure. so as to exempt editors and pronrietors ot newspapers from testifying as to the identity or persons irom wnom iney receive communications. The committee on agriculture are to issue a joint resolution providing that seeds, outtings and plants may be transmitted through the mails by the commissioner oi agricul ture tree. Now mav onr country bloom like a garden rose. The Rev. Dr. Currv is the editor of the New York Advocate, the acknowledged leader of the church papers. It is said that he deals more steady blows, shoots more fire from his eves and Philippics from his pen than all his colleagues pun togetner. The Pilot save that in 1S25 there was one Roman Catholic priest in Massachusetts, oue in New Hampshire, one in Maine, and only eight churches in rew England, and that now there are m xsew tmgiana six bishops. 441 priests, 432 churches, and nearly 1.000,000 catholics. Senator Schurz will deliver his eulogy on senator Sumner in Music Hall, Boston, on the 20th inst. Mayor Cobb -will preside; Wendell Phillips will introduce the orator, and Oliver W endell lloimea will read a poem. Boston seems to make a luxury of her grief. That "a prophet has no honor in his own country," is again brought to mind by the late invitation of President Grant and others to Wendell Phillips to deliver an eulogy on Charles Sumner in Washington. Can it be possible that the "hub" has forgotten the "eternal fitness" of things? The New York Times says: We shall publish in our regular, edition on Sunday next the first part of a new story by Mr. Bret Harte, written expressly for the ew York Times, and to be completed in two parts. This story will be found to be one ot the most charming Mr. Bret Harte has ever written. The announced engagement between General Sherman's daughter, Minnie, and Mr. De Haven Fitch, is said to be a real love match. Is it possible? It seems that the "old fashioned story" is again getting fashionable. It was a fashion introduced by Adam and Eve, and is still quite well remembered by some of the older inhabitants. The Chamber of Commerce of Atlanta, Georgia, lately held a meeting in relation to getting a through line of travel and freight transportation from St. Louis to Charleston, and Irom there, connecting by steamers to Liverpool. Speeches were made, endeavoring to show that the tide of emmigration might be made to take this course, especially in the winter season. A PIQUANT PICTUEE OF "MATT.'' TIIE PRESIDENT OF THE SENATE A MINOLINO OF FOLLY, BLOCKHEADS AND BACON HER METHODS. "Gideon" writes to the Chicago Times : Carpenter still remains the most remarkable assortment of contradictions, in public life, and will until the undertaker is called in. Whether he dies like a loafer or a gentleman is a pure matter of chance. Half of the visitors ot the Senate go home with the belief that Carpenter is a dissolute genius, with an uncombed disposition to rowdyism. The other half carry away the idea that he is an ingrain nobleman; a modern Sir Roger de Coverly; the ideal of all that is enviable in a senator. To-day he was at his best. He was to seize the Louisiana enigma, and wrench a manly solution from its miserable twistings. His carriage was Websterian ; his attire as smart as Roscoe Conkllng's with none of the suggestion of the private, salaried tailor so conspicuous in the clothes of the Utica Apollo. "Carpenter looks as nice as Sumner the day be was buried, "said a fellow ol hideous taste in comparisons, behind me. To look at Carpenter to-day, was to gaze upon an august representative of a great people: a senator brimming with the earnest dignity of a high station, and higher mis sion. To-morrow, this same man will slouch defiantly around the chamber, with tumbled hair and shirt-front; a coat old and misshapen enough for the back of Richard III., and slovenly vest and breeches which Goldsmith would have flouted in his seediest days. The Carpenter eyes will glower; under lip protrude, a la Mose; the walk will be a swagger, and the whole bearing of the man will suggest what the wordly call a "Be-jesus style." Ih the chair, Carpenter is the same strange fusing of the admirable and reprehensible, although he averages a better presiding officer than the Senate has had since the days of Breckinridge. The choking off of any objection to his ruling, with A JOKE OR ENEER, is one of the singularities of his administration. In the House, his retorts to members would plump him into hot water the first day, But if he was presiding over the House, he would be too shrewd to commit the blunder. Even in the Senate, when his decisions are questioned, he Is careful to whnm Via f a 11-a Valr mit la oa vwa u a I Lu preme judge when respondingtoConkllng. xnurman, cnurz, r iirauDas, ir an of whom be has a whimsical half-awe. But to Bucklngham,or Morrill of Vermont, he is as abrupt as a school-master to dull pupils. By the time they have pondered over the snub, and ' resolved it into its really rude pronnrMnna tViA rlAhalA fa in far alonrr infn some other phu-e that Carpenter is safe from remonstrance. He never is actually unmnneriy while in the cnair. I think be can tea when his bad fits are coming on, as Swift knew when he was to become insane. When Carpenter scents the approach of one of his Bwery spasms, he relinquishes the chair temporarily to Anthony, and rolls off to a corner seat. Few congressmen can claim the general popularity of this bundle of incongruities. He is liked in and out of the capitol. His stock ot what, for a, better name, is called personal magnetism', waxes with years, and he ' has the indescribable knack of turning a chance acquaintance into a staunch friend with 20 words. Less is heard of his Ixmtswith the bottle than formerly, and if the amative light still burns, it is hidden under the bushel of caution. To be sure, he has been on the side of one decent measure this sessionj and can only offer his course in the Louisiana business as an offset for espousing the salary-grab, franking chouse, and inflation.1 Yet "good fellows" are thinning out, and Carpenter's juicy heart, leagedaa it ia with: great talent, may keep him in the Senate until he dies perhaps with his boots on.
BONO. BY AUBREY DE VEBK.
Sing the old song:, amid the sounds dispersing The burden treasured in your hearts too long: Sing it with voice low-breathed, but never name ner; She will not hear you, in her turrets nursing High thoughts, too high to mate with mortal song: Bend o'er her, gentle Heaven, but do not claim her. . In twilight caves and secret loveliness She shades the bloom of her unearthly days ; The forest winds alone approach to woo "her; Far off we catch the dark gleam of her twws, And wild-birds haunt the wood-walks where she strays. Intelligible music warbling to her. The Spirit charged to follow and defend her, lie also, doubtless, suffers this love-pain. And S ie perhaps is sad, hearing his sighing; And yet that face is not so sad as tender; Like some sweet singer's, when her sweetest strain From the heaved heart is gradually dying. LIFE'S PARADOX. Tis a stern and startling thing to think How often mortality stands on the brink Ü! its grave without any misgiving; And yet in this slippery world of strife, In the stir of human bustle so rife, There are daily sounds to tell us that Life Is dying, and Death is living ! ARKANSAS ANARCHY. BROOKS VS. BAXTER. BOTH PARTIES IN STATU Q.VC A BLAST FROM BROOKS THE LAW TO DECIDE THE PRESIDENT WON'T TAKE A HAND. Little Rock, Ark., April 16 4 p. m There is but little change in affairs. Gover nor Baxter still occupies St. John's college and is making preparations to sustain him self. Mr. Brooks holds the state-house, with two pieces of artillery and about one hun dred men armed with improved muskets He has issued the following proclamation : Executive Office, Liri UK Rock, Ark., April 16. To the People of A r Kansas : As vou will recollect, I was a candidate for the office of governor at the November elec tion of 1872. That I received a majority of he votes cast for tnat oince has never been denied, even by the friends of Ellsha Baxter. I appealed to the legislature, and asked tobe allowed to contest the election for the office of governor, and my petition, at the instance, and by the connivance of Klisha Baxter. who corruptly used his official patronage to bribe members of the legislature, was re jected, and I was denied, not only the right ot petition, which tue constitution guarantees to every citizen, but the right to have the question ot my election investigated or passed upon. The attorney general asked the Supreme Court for a writ of pro warranto sgainst rJisha Baxter for the purpose of compelling him to show by what warrant and authority he assumed to discharge the duties of the office of the governor. That tribunal declared it had no urisdiction to hear and determine a contest for the office of g6vernor and dismissed the case for a want of jurisdiction. I then com menced an action against Llisha Baxter under the provisions ot the code in the manner prescribed by law for the recovery ot the office and the salary received by Elisha Baxter during the time he wrongfully withheld the same from me. I serviced nonces on him that I would, at certain times and places' named in said notices, take testimony in surport o( my claims. Baxter, for reasons best known to himself, neglected and failed to appear at the times and places mentioned, aud treated the court proceedings with de rision and contempt, openly boasting, in public and private speeches and conversa tions. that ho would resist the execution of the judgment of any court of the state, with the militia, if it attempted to, in any manner, interfere with HIS DISCHARGE OF THE DUTIES of the office of governor. Notwithstanding his threats, I continued to take testimony and to prosecute a suit for the purpose of as serting my own rights and vindicating your choice at the ballot box. On yesterday the Circuit Court rendered a judgment in my favor for the office and the salary, and I at once took the oath of office and took possession of the same. Elisha Baxter no loDger holds the executive office and it is to be hoped that you will join your voice with mine in rejoicing that the man you chose for governor has, at last, been duly installed into the office. Being in the office, it is but fair that I, to some extent, define my future policy, which the adherents of Elisha Baxter will, no doubt, misrepresent for the purpose of advancing personal interests and gratifying their own ambition. . For my political tenets I respectfully refer you to the platform of the reform party on whichl was a candidate in 1S72. From the principles therein enunciated I have not departed and, God helping me, never will. No one man in the state has felt the power of the ballot-box stuffers and political thimble-riagers to the extent I have. I say that, so far as in me lies, the ballot box and election machinery of the state shall never again be made an engine of fraud and oppression, as it was in 1872. This is a republican form of government, where the voice of the people should rule, and so far as I am concerned it shall rule from this time henceforth, and so long as I occupy the executive chair every man shall have the free and undisturbed right to vote as to him shall seem best, and that vote once cast shall be counted as tbe man who cast it intended it should be. Efforts no doubt will be made bv designing men to convey the impression that it Is tbe duty of the people to rally to the Btandard or a man who, no doubt, will claim that he is tbe governor of Arkansas, who, you all know, was not elected, and who has HO MORE RIO ITT or claim to tbe office than any one ot you have that was not a candidate, foi the pur pose of placing that man again in the execu tive office. I say frankly to you that all such attempts will lead to strife and blood shed, for I shall resist and suppress the action of all mobs that may assemble to gether under the banner or at tbe call of Elisha Baxter. 1 No man in the state can more deeply regret strife and bloodshed than myself, but feeling as I do, that sellgovernment rather than sei f-aggrandizemen t ia in the issue,I shall use every means at my command to maintain its supremacy. Elisha Baxter iorced me irom the legislature to the courts, and thus fir I have patiently borne with the law's delay, at all times feeling that justice would be done me by the judgment or a court oi competent jurwuicuoa. i am in the executive office. When it la adjudicated that I am not there - legally, I will bow my head in silence to the desire of the court, be it what it may. The power that Elisha Baxter used to force me into the court, I will use to make him respect and abide its decrees. To one and all I say keep quiet and pursue your different vocations. Your services are not needed at tbe capitol to preserve either peace or good order. Should the time come when they will be needed, you will be notified In due time through the proper channels. (Signed,) ' m ,- j T , . ; Joseph Brooks, ' v Governor of Arkansas. . Te-day the attorneys of Governor Baxtei appeared in the Circuit Court, and moved to set aside the Judgment t)f yesterday; also, to correct the records of Monday, wherein it appeared that the demurrer .in the case of
isrooKS vs. xiaxier was suomitted bv con
sent. These motions will be argued tomorrow. Washington, April 16 Reports from Little Kok excite considerable interest here, and today the republican members from Arkant as called on tbe president and attorney general to confer wich them regarding the troubles. Both the president and Attorney General Williams were assured that the question had already been settled in tbe courts, and that, in tbe view of the delegation, this should be tbe final decision. The following telegram, in addition to that from Governor Baxter, has been received: ExKcmvE Office, Little Rock, Ark. April lh. U. 8. Grant, Pretident, Washington, D. C Having been duly installed as governor of the state or Arkansas, in the judgment of a court I respectfully ask that THE COMMANDING; OFFICES at the arsenal be instructed to deliver to me the arms belonging to the state now in hi custody, or to hold the same subject to my order, (signed), J. S. Brooks. After a consultation between the president and the attorney general, the followmg telegrams were sent: Dkpartment of Jcstick. Washington, D. C, April 1G. To the Hon. James Brooks, Little Rock. I am instructed by the president to say in answer to your dispatch to him of yesterday, asking that tbe United States commandite officer at the arsenal, be instructed to deliver the arms in his custody belonging tbe state, to you, or to hold ihein subiect to vour order, that he declines to comply with your request, j he is not advised that your fight to hold the office of governor has been fuliy and finally decided by the courts of Arkansas. (Signed.) Georob A. Willams, Attorney General. Department of Justice, Washington, April 16. To the Hon. Elisha T. Baxter, Little Rock: I am instructed by the president to say, in iswer to your dispatch to him of yesterday, answer asking for tbe support ot the general gov eminent to sustain you in your efforts to maintain the rightful government in the state of Arkansas, that, in tbe first place, your call is not made in conformity with the constitution and laws of the United States; and, in tbe second pi ace, that, as a controver sy relative to your right to hold a seat office, its adjudication unless a case is made under tbe so-called enforcement act of fede ral jurisdiction, belongs to the state courts. It the decision of which you complain is eroneous, there appears to be no rea-son why it may not be reviewed and a court decision obtained from the Supreme Court ot the state. (Signed) Gov. Ii. Williams, Attorney-General. Telegraphic despatches were sent this afternoon by the secretary of war to the commanding officer at Little Rock instruct ing him to take no steps whatever to interfere in the pending troubles in that place, unless such action becomes absolutely necessary for the preservation of the public peace. MARTIAL LAW DECLARED. THE STREETS FILLED WITH MILITARY SEN TINELS ON THE STREUT CORNERS T.AXTER IN POSSESSION OF THE TELEGRAPH. Little Rock, Ark., April 16. About dark this evening, Governor Baxter passed the following proclamation declaring martial law in this Pulaski countv: PROCLAMATION. WnEREAs: an armed rebellion exists in the county of Pulaski and against the state government, and it becomes necessary to employ all the force at my disposal to suppress it, therefore, by authority vested In me by law, I hereby proclaim the existence of martiallaw within the said county, and command all persons capable of military duty to assist in tne putting down of the said rebellion. During the time that martial law shall thus prevail, every infrincement of the rights of peaceable and well-disposed persons will be severely punished, by whomsoever.it may be committed. The utmost re spect shall be paid by all persons to citizens not in arms, to their property, and to that of the federal government. Iu testimony whereof I, Elisha Baxter, governor of tbe state of Arkansas, do hereby set my hand, the private seal of the said state being now not accessible to the governor ot the state. Done at Little Rock this, the 15th day of April, A. D., 1S74. (Signed) Elisha Baxter,. Governor or Arkansas, and Commander-in-Chief. Simultaneously with the issuance of the proclamation, the governor marched from St. John college with his force of about 200 men down into the heart of the city, took up his headquarters at tne Aninony House, placed guards all along tbe principal streets, completely surroundihg the state house with a cordon of sentinels. Several companie of militia have arrived from the outsid counties and every train makes additions By to-morrow the governor's force, from the present indications, will number 2,000. There are about one hundred to one hundred and fifty men at the s:ate-house, well armed and with two cannon, 'lhe governor received a dispatch from Attorney General Williams, stating, in effect, that the United States government would not interfere. The governor states tms was all he desired, and he promises to put down the insurrection at once. Last night's dispatches were in error in stating that the circuit judge had issued a writ to the sheriff immediately on giving judgment against Baxter. No writ was ever issued, either then or now. As soon as Judgment was rendered Brooks took the office and with a copy of the judgment in his hand went to the governor's office and took forcible possession. A few minutes ago Governor Baxter's forces took possession of the telegraph office, placing sentinels at the door with instructions to permit no dispatches tö be sent or delivered without the consent ot the officer in charge. Governor Baxter has just issued a proclamation to tbe people of the state, reciting the facts In the case, stating that it is his intention to retake the state building, and to establish his authority, and calling on the people to respond to his aid. Mr. Brooks has sentinels one Bquare out in front of the state house. The tramp of sentinels is to be heard on all the street corners. Everything is quiet. The mayor has ordered all the saloons closed. Five negroes, out of a party ef ten, who were crossing the Potomac river, between , Portsmouth and Norwalk. early on Monday morning, were drowned fcy the sinking of the boat. The tenth man was the " straw" which did it. , A bill has been introduced into congress giving to the MacLean Dredging company authority to dredge out one of the passes'ot the Mississippi river, and to receive $15,000 a month for maintaining a depth of 20 feet t water. - " ' ' . ' . Says Judge Pierrepon n a letter, to. Sena tor Sherman : "Add another hundred . milirons of irredeemable" paper,' and in three ?ears the farmer will no better paid than' he serf." He evidently means something. The Relief and Aid Society .of .t&icago, ai i .1-, ir-vv 7 "r t 'Miii it .i about building a commxidioäis nandoomforU able building; W'fxtemm'Vnä' iatifphv old people. It is to Joe known as the 'Old reopie'a Home, (.t j - -
CHEERFULNESS.
C. KINGSLET. The world roes no and the mrid v tnwn And the sunshine lollows the rain ; And yesterday's sueer and yesteiday's frown uan never come over again, Sweet wile, ro, never come over again. For woman Is warm though man b cold, . And the night Ui hallow the dar; Till the heart which at evn Huwenrv and old i Can ribe in the morning gay. - Sweet wie. To its work in the morning gay. Let roe live onward in a hsppy dream, . Nor sek to know too ranch or see too plain. Ufe is too full of mystery loo explain. H ho can divide what is irom what dotb neemf yUh half-closed eyes let me float down the stream And watch the flowery banks, the waving grain. And music sooth my weary, beating brain. And rays of blessed sanlighton me beam. The past is i ast, the future is not vet : , 'fhe present time is bright and filled with Joy; W hy should I look behiud me torejrret? Why should I forward gaze to seek annoy? Since .evening comes and brightest suns must set. Wisely let me the noonday hours employ. legal'light. TIIE CITY ATTORNEY'S OPINION. TUB OFFICIAL, DUTIES OF THE OFFICERS OF THE CTTT FRESCRIRED -THE GRAND JURY TDK BFST MEDIUM FOR SECURING THE ENFORCEMENT OF THE LAWS THE LADIES' QUESTIONS ANSWERED. The city attorney submitted to the Council j last night the following document, which "will be read with interest by the ladies of the Temperance Union, and all others having any interest in the cause. The opinion was received without a dissenting voice. To the Honorable, the Mayor and Common Council: UextlemJln: In obedience to your lnstrucI opinion upon the questions propounded In the The n,t queluon l.tunS'rr" tious, I have examined and herewith submit an the powers and duties of the mayor, and this I first answer. In January 7, l!W7, in an opinion submitted to the Common Council, I utMxl this language: "Tue duties of mayor proper are executive and administrative solely ." aud this 1 believe to be a correct statement of the common law. Judsre billon says: "Kvery municipal corporation Is provided with an executive head, usually styled- the mayor, l'roperly and primarily his duties are executive and administrative, and not judicial or legislative." 2 Dillon Municipal Cor. 147. Under our statute, he is both an executive aud a iudicial o nicer. Howard vs. Shoemaker, 35 Ind, 111. Waldo vs. "Wallace, 12 Ind. 578. In the latter catie the Supreme Cour say "'except tne i judicial powers devolved upon the mayor by the Kiatute, his duties ny virtue oi ma omceof mayor, would, in our opinion, be of an executive and administrative character." The charter of the city dees not take away the executive duties of the mayor, but adds duties of a iudicial character. The charter provides that "it shall be the duty of the mayor to see that the laws of the state, and by-laws and ordinances of tbe Com luua uuuutu uciaituiuu racvuicu u duvu til V ; heshall be a conservator of tbe peace andassuch, mon council beiaitniuiiy executed in such city; shall have.within the city limits the power conlerrea upon jus'ices oi tne peace ior mat purpose;" aud be required to exercise supervision over subordinate officers." He is also, by the same section Invested with Judicial powers and required lo hold a couri every Juridicial day, and sections IS and ltf with some particularity prescribe his judicial duties. The major has, as the chief executive of the city, general supervision of subordinate onicers,and is cnarged with tbe duty or causing the laws of the city and state to be enforced. This duty, however, DOES NOT REQUIRE of the mayor that he should go about the city, ascertaining who had violated either the laws of the ci&" or state, but It does require that he should exercise a general supervising care, and should see that the officers of the city do their duty, aud apprehend violators of the law. In dojng this, he is not required to follow about each individual officer, but simply to report for punishment such officers as he may know to have been guilty of misfeasance or nou feasance, or such as may have been, by trustworthy information, reporieu to mm as guiuy oi omciai neglect or misconduct. In enforcing the laws he is not reuuired to do so individually or personally. but by pioper orders and instruct ions to the subordinate officers of the city. He controls and superintends the executive department of lhe municipal government, but Is not in contemplation of law, required to ferret out and bring before himself for trial, thoe who break the laws. The duties of a mayor of a city are very analo gous to those of the governor of a state; in both cases the supervision contemplated is a general one. The second question propounded by the ladies is as to the duties of the board of police. The portion of the charter authorizing the creation of the board of police Is "ine common uouncu snau nave poweras follows." "To establish and regulate thepo'lceoi thcity, and may in their discretion, authorize the Mayor or board of police, to be selected by the Common Council ; to make all appointments of officers and members of such police, and give such mayor or board of police, full power to remove from office any officer or member of such police for neglect of duty or other good cause." The ordinance creating the board of police makes it to consist of three members of the Common council and constitutes the mayor and advisory member of the the board, but allows him no vote. This board is Invested with the power to appoint and remove the officers and members of tne police f-rce. The board have a general suspension of the police force of the city, and should remove any member of the force neglecting his duty. The board, however, have no executive powers, except such as concern the police force, and they have no authority in my opinion, to give orders as to the enforcement of any particular law of the cltyorsiate. It is no part of their duty to issue general orders or proclama tion concerning any specific law, but they may properly DIRECT AND INSTRUCT the policemen to .enforce all laws. The members of the board can receive no greater compensatio than one hundred and fifty dollars per annum for all services, both on the board and In the council, and It Is plain that the law does not contemplate thai the members of the board should devote their personal attention to the apprehension and punishment of offenders. It is, however, the duty of the board to dismiss any member of the force who shall be shown to be cnlpably negligent. I do not think either the mayor or the board bound to act upon general or vague information, but do think think they would be bound to act upon specific information from any respeeteble citizen. It is, in law, the duty of every citizen to aid In the enforcement of the laws, and it Is equally the citizens duty to report to the proper authority an officer guilty of neglect. . . , The third question is as to the powers and duties of the City Marshal. This officer is declared by the charter "to be the chief ministerial officer of the corporation," and thafheBhail be a conservator of the peace within his city, and shall arrest without pro cess, all persons who, within nis view, suau commit any crime or misdemeanor." A. ministerial officer is one who acts under the commands of a superior, as the sheriff, who is bound to obey the Judicial commands of the court. The primary duties of the marshal, therefore, are to execute writs and process from the City rvuirfhnt hRia also by statute made a con servator of the peace, with power to arrest those who, In his view, violate either the laws of the täte or the ordinances of the city. For felonies he has power to arrest upon information her he knows a felony has been committed, but for violations f city by-laws, or for misdemeanors net committed in his view, he can only arrest upon warrant from the mayor, or some judicial officer. This Is expressly decided in the case of Pow vs. lieckner, 3 Ind., 175, To JUSTIFY TBI MARSHAL, Therefore, in making an arrest for a violation of the temperance law, the violation must occur in his view or he must have a warrant from some Judicial tribunal of competent Jurisdiction. The fourth, question is as to the duties of the chief of police. The office of chief of police Is not created by, the organic law f the city, but by.the ordinances of the Common Council. The duties of this officer are prescribed in the rules and regulations Issued by the Board of Police; and these- require him "To devote the whole time aad energies exclusively to the discbarge of his duties," and to ."see that all laws of t ba state and ordinances of the city are en forced as far hs possible by the force under his command." The" chief- s .the immediate supe rior or .commanding wnceror tne police rorce, and is charged With, a direct us pension and oodtroti of those under hrt command. The fifth question , to' Xher duties of the policeman. The patrolmen , or privates of the police f orce,are
rhareedwlth the dotv within tl,r . .:.
i v Mcniin( ii wnoin meirview violata Thela!T ' 0f lhe "taUf or th ordinances ofthedtr lheVhaVA no nnu-ar 4 . . J heir view violata ancesofthpttv no nowerMwnt in au. to arrest nnon i r, ' V ' .v v'.'n"")r. raat. When & and wit hont . their view they müsTarr m hV'" misdemeanor 1 committed in ! a warrant, hut vh.m ih. --.-uum mwtd 4- .i i cum in not committed in their view a warrant Is reouislte Th, laretheoiacers charged Immediately I& arrest ol the offenders, and with FERRETING OUT and presenting for punishment individuals w violate tne law. Uythe rules and regulation-, Ch, 01617 WOrn dn,rto ob. "y re prohibited from entering places where liquors are sold, "except Jn the immediate discharge of their duties." Th law doet not prohibit the keepinK open place where Honors are sold afir nine o'clock, bot kimply prohibits The ?a!e of Uquor after that hour, and it must of m-SSltr be a difliru t nttr r- - ascertain whVdoVs VWe The lw TtHi?oiflcqaest!on" Propounded are answered la the foregoing obserwt.oas, but as tbe motion of reference .requires me to answer all quS propounded in the communication. I mmosa it Thal.,. "neJaW8 of !he I' -re imsdiopinion, the betted nfo. c JnZni "of the ,. ws be secured through the medium ortheTroSd Jury and iU officers than any other niIdegThS Hxiy nd lis officers hnve plenary tZ!, to J n ÄUi Wit,ne8Se8' and to "rb0dWand0,-o prehensive in venations aud inquiries. The the Sabbath, may be compelled to appear and testify. respectfully, Ii. K. KuiA.Trr, City Attorney. SCHUYLER DECLINES. MR. COLFAX WILL NOT GO TOCONGR1X. The Porter County Vidette contains the following from Schuyler Colfax r -To the Hon. David Turner, of Lake county ' Thomas Jenerjran, of La port e cottntv M I McClelland, of Porter countv. C. W. McViier son, of Carroll county, and others: My Dear Friends: Besides your friendly letters, I have received many other requests oral ' written, from citizens of this district. to accept canaiuacy ior congress. And it is due also to several gentlemen spoken of ior this position, but who have BO kindly proffered to yield in my iavor, that I should state, iu some public wav what l nave unilormly said personally during the past twelvemonth. There is no ofllce that I would prefer to that ot representative of the old constituency by which I was eiht times unanimously nominated for congress and always so peneronsly and cordially 'sup. ported. While I live, I fhalr never fortret that lone-continued confidence and esteem which I so highly prized ,and of which I so constantly strove to be worthy. But, after belonging to the public fortwenty years, I belong now to my family, who can not consent that this ownership shall be changed. I have found, too, that the truest happiness in life is in being out of office, aud master of i j v ne 8 owntime and movements. And, there; iore, no possible inducement nor contin gency, tnat i can either imagine or foresee could tempt me to desire a return to congressional life, with what are so well known to be "its cares and toils, its injustice and falsifications, its envyings and all uncharitableness." Myoid constituents must pardon me Ior insisting that in their luture congressional canvasses, I must be counted only as a voter, and, under no circumstances as a candidate. If public life can be ranked as a duty not to be evaded, I have certainly performed a lull share of that duty. If, however, as is generally considered, it is regarded as a pleasure I have certainly had of that pleasure more than any one citizen had a right to claim or expect. I" have faithfully striven to serve my country with such industry, fidelity and integrity, as to have a conscience void of offense toward God or man. And. looKinsr back over those long vears. with more hours given to public duties than anv busi . t homft .ravft t hi and which almost cost me my life, I can see nothing in the record of that public life which "dying I would wish to blot." That our political friends may exhibit the same unity aud zeal in luture contests, which won victory in bo many cotillicts ot the past; and thanking you for euch valued manifestations of your unshaken faith and friendly regard,' I am very truly yours, Schijyler Colfax. TIIE LATE MISS McCORMICK. HER DEATH AKD FUNERAL AT LAFAYETTE END OF A WELL SPENT LIFE. Yesterday's LaFayette Journal publishes the following account of the illness, death and burial of a well-known Indianapolis school teacher: "Miss Alice McCormick, daughter of the late O. H. P. McCormick, and sister of Louis L. McCormick, of the the Journal staff, died at the residence of her mother, in this city, cn Saturday morning, about 5 o'clock, after a long and lingering illness. She had been engaged for fire years past in the Indianapolis public schools, teaching the 'C grade in the Second Ward building during all oi that time. She was far from well when she returned to her duty last September, after the summer vacation, and before many weeks was attacked very severely with rheumatism, which never entirely lelt her. After ashort. respite during tbe Christmas holidays, she again returned to her field of duty, and con- . tinued at her post with remarkable determination, teaching when absolutely unable to walk to and from tbe school build ing, or rise from her chair in the t-chool room, until about six weeks ago she was brought home, never, as it proved, to leave it again alive. She has been a great sufferer, and for ten days has endured a living death; struggling with wonderful tenacity of life with the dread destroyer. Twelve years' ago yesterday her father was buried'; and yesterday afternoon a large concourse of kindly and sympathizing friends laid her body away beside his in the old cemetery. The family are among the oldest citizens of LaFayette; and Miss Alice had many girlhood friends who will have tender remembrance ol her warm and generous heart, and will hear with sincere sorrow of her death. In life she was most useful, the stay and comfort of a widowed mother, efficient and unusually successful in her profession, a dutiful daughter and valued friend. tsh feared not death, and with the assurance of an unshaken faith confidently committed her soul to her Maker. She leaves behind her the record of a life well spent, a bright hriatian ATimnlfl. and fondest recollections hn the hearts of the family and social circle to whom she was so dear. William J. T. Clark, tbe richest man in Australia, has just died. He emigrated to Tasmania in 1830, and then removed to Vieths time of his death was worth from f 10,toria, Iiis real and personal estate at 000,000 to 115,000,000. A lady, who declines as yet to give her name, has inst donated f 30,000 to Union College. This with other late benefactions Increases the late gifts to over $150,000. This ia very generous for an institution that used to be so Xotty. Tbe superior general J the Jesuits In Canada, has petitioned the legislative as&errbly of Quebec for the restoration of certain sequestred church property to which the, company lays claim, The world uses 250,000,000 pounds oi tea and 718,000,000 pounds of coffee every year. China furnishes nearly all the tea, and Brazil more than half the coffee. An Episcopal church was burned In Worcester,MaCsachusetts, on Tuesday night. Loss f30,000, insurance (20,000.
