The National Banner, Volume 8, Number 7, Ligonier, Noble County, 12 June 1873 — Page 2

3 * o Y The Fational Banner s . , - _P”_;_ n, vbpre f e T_:.'T‘_’:::,.:;:; =i ~lr.'“l‘:‘;f'*’;'t' e e S f‘ SRR e Al Vi J. B.STOLL, Editor and Proprictor.LXGONIER, IND’A,JUNE 12, 1873. JOSEPH GRAFF, aged 91 y®ars, and one of the oldest citizens of Upper Sandusky, Ohio, died last Monday. It is said of the old gentleman that for seventy years he voted an unscratched democratic ticket, This is likely to have insured him a cordial welcome at the golden gate:

- Tur Columbus Democrat, which ably espouses the: good cause of governmental reform, comes to us in an entire new out-fit, and is consequently vastly- improved in a typographical point of 'view. Its clever publishers have onr heartfelt wishes for their continuous prosperity, . o

DETERMINED to do good in some way, the N. Y. World is now writing up the dirty streets of that city and predicts all sorts of epidemies in case they are not speedily cleansed. The Jowrnal of Commrév'rr'e foolishly demurs to this sort of journalism, on the ground that it operates t-o'dri_w people out of the city and to keep visitors away trom it.

J. B. Stoll, the horny handed farmer of Ligonier, and editor of the BANNER, wants to hold a convention of farmers, “irrespective of party.” = The solicitude of J. B. S, in the atter, gives rise to a suspicion in our minds that he would rather “hold” something else than a convention.— Waterloo Press. | Yesi; for instance “hold” you by the slmt; of your trowsers long enough to administer a good spanking for telling such a eunning liltle lie! S IN Onro the Demoerats and Liberals talk of the following gentlemen as suitable candidates for Governor: Gen. Tom Ewing, Gen. Geo. \k’). Morgan, Gen. Sam. F. Cary, Gen. Durbin Ward, Col. Lewis D. Campbell, Hon. Fred. Hassaurek, John W. Sohn, Gen, Brinkerhoff, Rush R. Sloane, and John Deshler—the last named five are Liberil Republieans. =~ . | L TRUTHFUL i$ the declaration of an eastern journal that there is not to-day a country in Europe which is trodden so relentlessly under the iron heel of the military as the State of Louisiana, or where so little .attention is paid to the voice of the people. Poland has been cited, but the government there is liberal compared to Kellogg's usurpation. Grant seems to be testing the endurance of our people to-its fullest extent. . l : ¥ —¢ —— e - "THE Pittsbargh Zelegraph, edited by Grant’s U. 8, District Attorney for Western Pennsylvania, in an article which elaims that the “iron sceptre” has been'transferred from Great Britain to the United States, makes this significant statement: “In 1871 the coal miners over there (in England) received about #%1.75 per day, while they now I'/edeive $3.00, which is about equal to $5.00 in this country. The English miners don’t care to earn above the ' cost of subsistance, and higher wages instead of stimulating greater production has decreased it.”, L g “Tie appointment of John: A. Bingham, of Ohio, as minister to Japan shows pretty conclllsi{vely that President Grant means to take care of his particular friends, the salary grabbers of the late Congress. This man Bingham was implicated in the Credit Mobilier swindle, and labored a,ssiduqusly to push through Congress the infamous salary steal, which has. exeited the indignation of every honest man' in the land. He was completely played out at home; his appointment to so important a position as minister to Japan is therefore a direct insult to the popular will. |

GEN. HASCALL has written several caustic letters to the editor of the ILagrange Standard for intimating that the General indulged a little too freely in the ardent, which “soft impeachment” is indignantly denied. Hascall vigorously assails ex-congressman Defrees and the editor of the Goshen Times as having inspired the base calumny, and intimates that these tactics are. resorted to because he stands in the way of a clique at Goshen, headed by Mr. Defrees. The General’s letters are “mighty -interesting reading,” but we think he committed an error in attaching so much importance to the squib in the Lagrange organ,

THE lying scoundrel and horse-whip-ped sneak thief of the Kendallville Standard persists in his falsehood that; the editor of this paper once sought the Postmastership of this ple'me. -Of course, there are no means by which this degraded thing ean be induced to acknowledge the truth;: hence it matters yvery little whether he makes a proper retraction or not. No one ever looks into his filthy sheet for true statements; on the'contya,ry, everybody having a knowledge of the despicable villifier expects to find in his columnsg nothing but mean falsehoods about those who decline to treat him otherwise than as a dirty dog. His slahg therefore falls harmlessly at gentlemen’s feet. .

THE PROPRIETY of extending the term of Sheriffs is being discussed in' - some loealities. The Warren Republican steps to the front with this argument in favor of a change: “A new man running for the office is élected, it is his first tem\n, and, naturally he feels disposéd to remember his friends and everyone else, hoping to secure the office a second time; or, in plainer terms, what he ean let alone during the term, which if done might| influence parties against him in the race {for re-election, he lets alone, promising Limself that he will make it up when re-elécted. This causes good officers ‘to be misjudged and their true motives impugned to say the least of it, and is & source of considerable worry and vexation to the attorneys” !

THOUGHTS ON THE POLITICAL ; SITUATION. : A few weeks since we published in these columns an article bearing the above caption. It has been re-produc-ed in several of our exchanges, either with or without comment. The Winamac Pemocral, whose chief editor is our esteemed friend Dr. Thomas, copies a portion of the arxticle, preceding it with the remarks appended below : The NATIONAL BANNER, after reviewing the corruptions of the party in power and alluding to the Mobilier case, railroad and steamship subsidies, land grants, tariff bills, and the humiliating fact that few acts can be passed by Congress without pay, comes to the conclusion that the Republican party of the present day has outlived its usefulness, and is without a mission for the attainment of a noble purpose.— That it only lives by its appeal to the passions of the rank and tile and by its constant agitation of questions settled by the wygr. The BANNER then asks the pertinent question: What party shall take the place of the one now in power? We have no difficulty in our mind in answering the: question, and we are sincere in the conyviction that if the Demoecratic party cannot be trusted to redeem and bring the coun‘try back to its purity, there is no other organization equal to the emergency. We tully endorse the following from the BANNER, and we suppose our friend Stoll understood that the party alluded to by him was no other than the Democratic party, -and further, that he takes no stock in any contempl?tged movement that will destroy the only party which to-day boldly advocates the old doctrine of State Sovereignty, and contends that a "State s sovereign within its own limits and in its own interests. ’ It is so seldom we have occasion to disagree with our contemporary that ‘more than ordinary care is required to satisty ourself of the correctness of views which we may have entertained in the past or adhere to at the present. We propose, therefore, to calmly consider whether the panacea offered by our friend Themas is calculated to heal the evils everywhere noticeable on the body politic, or whether some other remedy. may be required to accomplish what all sincere friends of governmental reform-so earnestly desire. Does the Democratic party meet the requirements of the present and future? As an humble member of that organization, we are only able to ans--wer: We hope so, but are by no means _certain that it does now or will here- } after. The opportunity has been given it more than once—ay, is presented today; whether it will be equal to the occasion we are unable to tell. Time } only will determine. Its fundamental principles—the Jeffersonian ideas—‘those that have been its boast for two generations and have been tested in the most severe trials and never found wanting, are just the principles that are needed to countéract the evil tendency of the Grant administration toward centralization, and restore the old order of freedom. It needs no change in that particular to meet the w#nts of the nation, to maintain the freedom and the rights of the individual, and to secure to the humblest citizen the amplest reward for his labor. One of the essential requirements of the Democracy to-day is a leader—a clem'-sightéd, pure-hearted man, who can map out a programme, the dictate of old fashionable democratic common sense. It needs what has not eharacterized it in the last decade—good, ‘hard sense. It needs in every State a few bold, vigorous advocates of the people’s sacred rights—men free from .the objections that repel so many wellmeaning members of the opposition. It needs for its standard-bearers, all over the country, men of incorruptible integrity who do not alone preach honesty during a campaign but practice it when intrusted with the management of public affairs. o That the record of officers elected by democratic votes during the past Six years does not come up to this standard, none realizes more than our upright co-laborer at Winamae. There has been too much lip-service te inspire public confidence. = Tammany, black cat operations, salary-grabbing, &ec., stand in the way of a smooth ride on the democratic carry-all. All these } things might be different—if the party had a smaller number of rogues, and a layger per cent. of determined men to boldly denounce the follies that'seem sure to turn up at every achievement of a temporary victory. ' We fully recognize the fact that parties are now formed by the foresight and wisdom of men. They, are never made, but grow. Old parties die, but new ones grow out of the times andpare made up of thé old ele,ments of defunct parties. The democratic party has not been broken up, but so far as shaping the policy of government is concerned, it is now practically a nullity. And yet it is still a 4powerful party—i. e, in point of numerical strength. It is just strong ‘enough to worry the Republicans ina hotly-contested election and to-occa-sionally achieve success— when the opposition fail t bring put their last man. Such a condition of affairs cannot be maintained always; it must change.— ‘The democratic party has but this choice: it must either renew its youth by a close, compact and practical union with its Liberal allies of 1872, or abdicate in favor of a new, vigorous combination of true and honest men--a party that will triumph in the nation and lead the people on from victory to victory until we reach the utmost limit of prosperify ever vouchsafed- a virtuous nation and stand ‘confessed the foremost in all -that makes a people happy, prosperous and noble, ' .

Ir there are those who still doubt that Mr. Grant’s support of the Kellogg usurpation in Louisiana can be jusfified, we commend to their perusal the utterances of Rev. Henry Ward Beecher on that subject: - - : The condition of Louisiana is alike perilous and scandalous, Jf Congress at the last session had had the necessary independence and firmness and the sense of justice which the oceasion required the President would have had no excuse for supporting by the bayonet a State government in Lousiana which the most distinguished Republican Senators have declared is found£d upon an jnfamous usurpation,

~ OUR NEIGHBORS. ‘ ‘ The hard sugar maple is a favorite at Warsaw. It is a magnificent shade tree. -. - | Jacob Kahn, and his son Louis, of Waterloo, started for Germany last week, . Whitley county has an abundance of potato bugs, and splendid prospects for a heavy wheat crop. - The publishers of the Elkhart Observer, a sprightly publication, have wisely changed from quarto to folio. | ~ Hamilton Pence, near South Whit. ley, claims to have clipped 115 pounds of wool from eleven Canadian sheep. The Goshen Democrat closed its 35th volume last week. It is a good paper and merits the most liberal support. | * Elkhart claims to havethe requisite number of men, women, boys and girls to show a population of 5,522. Growing. e : r Twenty-five of the live business mhen of Mishawaka have subscribed #l,OOO each for the construction of a 'firstclass hotel. | | Efforts are being made to I‘eviveLthe' Elkhart County Agricultural Society. A meeting for that purpose was fleld at Goshen last week. e . We congratulate Mr. Alfred Bayliss, editor of the Independent, upon his triumphant election to the county school superentindency. g The Independent is hopeful that the 1000 majority which Lagrange county occasionally rolls up on the wrong side, will dyvindle down considerably. Hon. Simon Wile writes. to his friends at LaPorte that it costs more to get hash in Vienna than it does in the United States. -Shouldn’t wonder.. ' e

Rev. W. J. Chaplan is going to talk about “limited punishment” at a Universalist basket meeting to be heid at the Fair Grounds near Warsaw, June ood. _ L The boys who patronize theuteré and concerts at Elkhart behave so baidly that the citizens are clamoring for a police force to teach them good manners. . i The Ang‘ola'machine{slmp, has suspended, and the proprietors are mourning over their injudicious, or rather unappreciated investment of ten j}*lmu—sand dollars. , | _ The salutatory of the new editor of the South Bend Umnion, John Brownfield, jr., indicates that he is not only ‘a smooth writer but a man of good sense and becoming modesty. A young Warsawian would like to get 25 cents from as many fishermen as have confidence in his ability to furnish them a reecipe that irresis;tibly draws fish to the bait. Bite, boys. ‘We concur in the opinion expfbssed by Reub Williams that the country between Warsaw and Goshen is one of the most beautiful spots of the earth —%as fair as the garden of the Lord.” "The South Benders are happyiover the prospect of being favored with a passenger depoi: similar, in style| and dimensions to the Ligonier depoti, the cost of which the Z'ribune of that city exaggeratedly puts at $20,000. | The Page marsh near Westyville, LaPorte county, is.causing the contractors of the Canada Southern- considerabletrouble. The “fill” is still settling, and will continue so until it reaches the hard pan which isnearly forty feet down. 0 '

Bro. Baker, of the Whitley Commerctal, acknowledges himself gui‘lty of the “meanest kind of meanness” by reason of having failed to respond to an old friend’s letter until a postage stamp was forwarded. Honest, confessing John. : i Christian Reider and wife, of Columbia City, recently went to Missouri, where the former contracted a disease which, upon his return home, was pronounced small-pox. Proper steps have been taken by the authorities to prevent its spread. A. Q. Miller, the show-man, edified the Elkhartans with his theatrical performances and then appropriated the major portion of his receipts to the purchase of an indefinite number of whisky straights. He was done for as by the Baxter law provided. - Waterloo is annoyed by dog-poison-ers; Auburn is troubled with spotted fever; Butlerites are engaged in the patent bee-hive business; Prof. J. A. Barns, of Waterloo, is digging up old Indiat mounds; and the.cut-worm is destroying the corn in DeKalb county. " The Elkhart Review is not pleased with the election of A. S.Zook, a young man of Clinton township, for county school superintendent of Elkhart county. It thinks Prof. Valois Butler would have been a better choice.— The vote stood 8 for Zook, and 5 for Butler. [ e e

The officers of the House Qf&l:epresentatives at Washington have presented the Hon. Schuyler Colfax with the chair occupied by him while presiding officer of that body—the chair having been purchased at the recent sale of government' property at the national capitol. S

i The Commissioners of Elkhart county last week refused to grant an extension to the Goshen & Warsaw R. R. Company to complete their road to the Michigan line, the company having failed to comply with their eontract. About $40,000 will thereby be returned to the tax-payers of Elkhart, Jackson and Middlebury townships. Some of the prominent business men of Goshen believe the action of the commissioners injurious to the best interests of that city.

JUDGE STANFILD recently decided, in the contested election case of Brown vs. MeCollum (contending for the sheriffalty of LaPorte county),that while the clerk or deputy may take the declaration of the intention of aliens to become citizens of the United States, anywhere in the connty, a record of the proceedings from the oviginal papers, must be made in the office at the county seat. We guess the Judge decided as he thought was ahout right.

THE UPPER ARKANSAS RIVER : * REGION. o GREAT BEND, KAN., June 4, *73. To the Editor of the National Banner: Lo The correctly published geo'graphy of this country is quite modern, and in some respects the- wonderful Upper Arkansas River cuts ‘a sorry figure on nearly all the maps I have seen. Up to within a few years there has been as little general knowledge of this river and the country traversed by it as there is yet of the Nile. This place gets its name legitimately, situated as it is on the extreme northern limit of the great bend of the Upper Arkansas River. -This wonderful river is nearly two thousand miles in length, and therefore one of ti‘ne longest in the United States. It rises in Colorado, its source being at the altitude of nearly ten thousand feet ahove the sea level, in the Rocky Mountains and flows from the base of Mt. Lincoln, one hundred and twenty miles southwest of Denver. From there the river dashes over precipices, menntain gorges and canyons, receiving in its ‘course many mountain tributaries,and in two hundred miles, debauches into the plain region of Colorado, and from thence flows still quite rapidly in a due easterly course, entering Kansas sev-enty-five miles north of its southern line. Centuries of attrition between water, frost and rocks, has mixed the soil of the rich valley of the Arkansas with mineral deposits. From the (‘olorada line the river runs east.one hundred and thirty miles and then makes an angle due north-east near eighty miles, where it turns south-east again and thus forms the “Gireat Bend.” South of Great Bend are the celebrated ‘fisand—dunes,’.’ or sand—hi]ls, situdted very many miles -apart. These hills cover many hundred acres and they have lakes of freé]u water and humerous springs, while the valleys around them arve very fertile. It is supposed that these hills forined the great hend in the river. No one has yet heen able to solve the mystery of these ugly hills, their lakes and springs, but they are there nevertheless. .

Here at the Bend is old Fort Zarah, now ab.;md_oned by .the Government, the country being overrun by settlements strohg enough to take care of themselved. - Omne thing remarkable about this river is that it never over-fiows,-though its banks are low, and yet it drains a country as. Jarge’ as ‘all New England. The river has a sand and gravel bed, and the first bottoms of fc‘he, valley along it have the !same for their subsoil, and hence drink up the flood when the river I§, nearly bank full, as it usually is in May and June. The average width of the river in Kansas is about one thousand feet, but in many places is much wider. The river is not deep and the volume of water is rarely increased except by the melting of the snow on the mountains in May, and it never gets very low. The figst bottoms in the valley are from one to two miles wide, and the second bottoms—which are a raise of from five to ten feet-—are from five to twenty miles wi(\lé. The water i.;i this valley is abundant and pure. The soil of the first and second bottom lands is very muech the same, and produces equally well. It is a black, sandy loam from five to twenty feet deep. Tt produces, on the sod, forty bushels: to the acte, and the. oldest grounds here, being second sod, from sixty to eighty Imslfiels.- All kinds of vegetables, vines| ete., are produced in abundance. 3

Wheat has not been much tried in the Valley, but rye grows so rank that it must be pastured late in the season to keep it from falling down, and then it produces an immense crop. I have seen rye growing here that looks as though it would yield fifty bushels to the acre. : s e : Some little experiment was made last year with eotton, and it succeeded and matured so admirably that several carloads have been shipped 'in without charge by the Atchison, Topeka and Santa Fe Railway Company this spring, which have been planted in this valley and promise well. The experiment of last year: indicated” a yield of threequarters of a bale of clean cotton per acre, and should future experiments prove ‘as profitable—which is about equal to corn at one dollar a bushel—look out for anew cotton region. Those who have tried it and know soi‘nething of cotton culture, have no .do’u’bt of its complete success. . Like stock and wool, cotton isa produect that will bear shipment a great distance; But if this turns out to be a great cotton-growing region, as it is cercainly of wool,the magnificent water power, 80 abundant in this country, will be called into requisition. Woolen and cotton mills will dot the never-failing streams, and millions of spindles will sing the glad song of a new market in the New England of the West, reaching westward along the eastern slope of the Rocky Mountains; and thus I verily believe the questions now agitating the public mind will be solved, and the prejudices between the East and West uprooted. X Looking at the grand valley of the Arkansas from any standpoint, it is soon to be a magnificent country. Its advantages of climate, of soil, the vast gold and silver mining interests now developing just west of it in Colorado, which will make a remunerative market for its productions, all- point to this fact. . The Atciliis,on,' Topeka & Santa Fe Railway runs fup this. valley three hundred and thirteen miles, and is extending into Colorado. The Company’s land grant extends ten miles on each side of the road and includes ev-' ery alternate section—the Government holding the other for pre-emption and homesteads. o ;

The latter has been taken up rapidly and the railroad lands are now much sought for; the long time upon which they are sold and the low rates of interest are attracting many to them, and from what'l am told by those already hete, I judge that there will be a rysh for these lands during the coming fall in preference fo going farther from the line of the rosg. U

T bave found surprising evidences of refinement in the many little huts and cabins I have visited, showing that this country is being settled by an educated and refined people. Frequently I found the piano and organ, and always somebody who knows how to play them. . : ; It would do a great many. people good, who are fossili'zing in the more eastern cities and towns, to visit this country and see what kind of pluck and grit their fellows are made of. ] Lo CON.

' A SHOCKING OCCURRENCE. A WIFE, DAUGHTER AND SON PERISH : IN THE FLAMES. e A terrible calamity occurred on Wednesday of last week, in Harrison towns ship, Elkhart county. It appears that a young'son of Joseph Dalrymple, an old settler and esteemed citizen of that lpcality, aceidentally set fire to a straw’ tick while retiring, resulting in the entire destruction of the dwelling. The particulars of this sad affair are set forth in the appended letter to the Goshen Democrat : £ - : JUNE sth, "73.—Last night (Wednesday), about nine o’clock, the house of Joseph Dalrymple, of Harrison township, caught fire and was burned to the ground. Itis supposed that the fire was caused by Mr. Dalrymple’s little son, Eddie. He was sent to ‘bed, up stairs, and it is supposed that he set a straw tick, which was not in use, on fire, with his candle. . M. Dalrymple had retired and gone to sleep, when some of the ladies of the family, who were yet up reading, discovered smoke coming down from the upper part of the building. They awoke Mr. Dalrymple, and immediate1y ran up stairs to rescue the boy. Mr. Dalrymple ran up after them, and dragged the straw tick, which is supposed to have been first set on fire, down stairs,4hus, in his bewilderment, trying to prevent the fire from making more rapid headway. The up stairs was full of smoke, and the fire had made such rapid headway that any attempts to extinguish it must prove unavailing. By this time Mr. D.’s son-in-law, who lives close by, was ai'ouse;d, and an unavailing attempt was made to rescue the old lady, Mrs. Dalrymple, Miss Clara Dalrvmple, and the boy, Eddie, who were up stairs yet.— The fire was by this time fast spreading throughout the house, and there was no chance of rescue from the inside, so they tried to save them by means of a ladder from the outside, through a window, but all of no avail; thie three perished in the flames. After the fire had made considerable. headway, numbers of the neighbors gathered in, but could do nothing but bestow unavailing pity on the three who perished, and on those of the family who were left to mourn theirsad fate. This (Thursday) morning the ruins present a sad scene. =~ The neighbors do all they can, but can do nothing more than gather the charred remains of the three bodies which were burned. Nothing was saved of tlie household furniture, and the survivors of the family barely escaped, with nothing but their night clothes on. Their remains are to be buried next sSunday, at the Violett graveyard, at Waterford. PIEBE SWART. I e VALUE OF EMIGRATION. The New York iHerald makes a grand estimate based upon the 17,000 emigrants that landed at Castle Garden last week, and from its figures it appears that an’ enormous supply of wealth is weekly flowing in- which is not reckoned into edch eensus, or at least receives no classification there.— The, honest productive labor of such a multitude, suflicient alone to colonize a State if settled in one loeality, Jb an addition to our industrial strength that no -figures can adequately set forth.. On an' average ‘each emigrant brings a starting capital of $lOO, which the country gets the benefit of. This immediately increases the national source of revenue by almost a million and three-quarters as soon as the seventeen thousand have landed. But counting ‘in their labor, which must be estimated at the value of a tl\lo}l3and dollars each at least, and there remains an aggregate of over $18,000,000 enrichment to the country from the advent of these English, Irish, German and Scandinavian emigrants, or as the Fourth of July orators will soon be saying, the “oppressed of every clime.” Each week throughout the summer and early fall will make a similar exhibit, and the industries of the country, now undergoing indefinite expansion, need and welcome them.—. Though not every onelike the Herald can fix the arrivals up in tabulated form, there are none unless a few fossilized Knowv Nothings, but wilgg rejoice at the constantly flowing stream.

- EvEN Captain Jack has never dong anything more dastardly than the massaerg of five Modoc captives at Lost River by the Oregon volunteers on Sunday. Seventeen of the sixty-thiee Cottonwood Modocs, who surrendered a few days ago near Fairchild -ranch, were on their way to Gen. Davis’ camp under the escort of one of the Fairchilds, and were intercepted by ‘some Oregon - volunteers, who deliberately shot every male of the party. Nothing but the unexpected arrival of a detachment of troops seems to have prevented thé murder of the twelve women and children. None of the Indians were armed, and tlie affair was simply a butchery not less attrocious than the assassination of Gen. Canby. Among the victims were Shacknasty Jim and Bogus Charley, and it is said that none of them were under any indietments for murder, and that they had not participated in any of the treacheries of the band—Chicago Tribune. ‘

STOKES, the murderer of Fisk, as was very generally expected in New York, has been granted anew trial upon teehnical errors by the Court of Appeal. He has already, as it will be remembered,had two-trials and been convicted on each. If there is any truth in the old adage that the third time never fails, he may get his deserts this time. The case as it stands is either a reflection upon the legal abilities of the prosecution, which cannot try so clear a case as this without committing #echnical errors over and over again, or elsg it is tantamount to a confession that justice is of no avail in New York city. The disposition of the Stokes case begins to look very much like a farce.—Chicago Tribune. |

HoxN. WiLLIAM WILLIAMS returned to his home in this place, on Monday morning last, looking as if he were in the best of health, and the enjoyment of life. Heis as free to talk of the salary bill as any other, and defends his course —if not to the satisfaction of his constituents -—seemingly to himself, at least. Thus far, we have not heard of a single person in the distriet coincide with the action of Congress in this matter.— Warsaw Indianian. . .

THE KE—NDALLYILLE R.R.DEBT. THE U. 8. CIRCUIT COURT AFFIRMS _T'HE LIABILITY OF THE CITY TO PAY THE GRAND RAPIDS RAILROAD . 1 SUBSCRIPTION. _ Judge Drummond, of the U. S, eircuit court, at Indianapolis, on Wednesday of last week, rendered the follpwing decision in the celebrated railroad bond case of the city of Kendallville: Julian J. Davis vs. The City of Kendallville.

This is a suit brought by the plaintiff Davis, as the holder of a number of coupons attached to a series of bonds, the whole of the series amount~ ing to $83,000 issued by the defendant to the Grand, Rapids & Indiana Railroad Company in payment for a subseription of stock to a like amount made by the city. One of the bonds is filed with the complaint, from the face of which it appears that the bonds are for.a “six per cent. loan in aid of the Grand Rapids & Indiana Railroad, authorized by petition of a ‘majority of the resident freeholders of said city, and resolutions and ordinances of the Cfommon Couneil thereof in pursuance of law.” .

It is not disputed that under the statute the city had !the right to borrow money and subseribe for stock in the railroad company, and to issue these bonds for stock. I assume, then, that the city had this power. This being so, and the bonds bearing upon their face the declaration that they were issued in aid of the railroad company, and authorized by a majority of the freeholders of ‘the city, they were prima facie, issued in conformity with the law. :

Various defenses have been set up in the case, but they may all be resolved into a state of faets substantially ‘as follows: : : ~ There had been a subscription“to the stock of the railroad company by certain individuals, citizens of Kendallville, and the surrounding country, through Mr. Samuel Hanna, the President of the company, to the amount of $83,000; and by an arrangement between the railroad company and the city, it was understood that these private subscriptions should be takén up, and the subscriptions of the city substituted in their place by consent. All the defenses proceed upon this agreement as a basis, and: that it was the consideration and motive which induced the city to subscribe for the stock. e

In some of the pleas it is averred that this was the only consideration or indueement for the subseription by the city. . e : : | It seemed to be taken for granted during the argument by defendant’s counsel, that if these facts were the real inducement for the subsecription by the city, they would constitute a full defense to the suit; that if the individual subscriptions were so surrendered, and the subscriptions by the city substituted in their place, that this iépso facto would be a defense. I am not prepared to admit this*without qualification. There might be circumstances which would render such a subscription by the city illegal, and be an answer to the action, but they should be such as would show that some unfair advantage had been taken of‘the city or.the citizens in the transaction. 1 .

If there were certain stock subseriptions of the citizens of Kendallville made in aid of this Railroad, it would seem there could be no objection to the company’s releasing these private subscriptions if both parties consented. Noi one could well make complaint in guch case, and if the city should then subscribe for stock in the com- ' pany, and if the subscription of the city was in fact substituted for the private subsecription and the citizens agreed to it, no one would be injured. If there were some secret trick by which the citizens were deceived, and the matter had been so arranged that the citizens had voted or petitioned for the subscription under a misconception of the facts, it might be inoperative. 'But if the facts were well known, and all parties understood it, I cannot see any objection to a subscription by the city on such a basis. . * So in examining the defenses, in ‘addition to what has been stated, I must consider that if the matter was understood all around there could be no fraud or wrongful act in making the subscription. And in view of the ‘many cases decided by the Supreme Conrt of the United States on the question of the validity of these municipal bonds, I have to assume this as the settled law—that where bonds bear upon their face that they have been issued in pursuance of law and under the contingencies required by the law, and which have been left. to the local officers to determine, and the bonds or ‘coupons have come into the hands of a holder for value, it is not necessary for him to go back and examine all the intermediate steps taken, to see whether there has been any flaw or irregularity. The.only question is one of power, and if the power is given under certain circumstances I must assume after the bonds are issued, that they were rightfully'issued. It follows, then, thatthe special defenses should allege something more than the surrender and substitution already mentioned, for when the stock was issued and the city clothed with the right of a stockholder, it is not enough to say that these were the motives upon which the subscription was made and: the bonds issued. A party is not presumed to have notice of everything which takes place before the issuing of the bonds, and it is not enough to say that the proceedings of the City Council were spread upon the record of the city. The averment ought to be that the plaintiff had actual knowledge of matters which might constitute the defense. -

The first plea is the general denial, which presents a proper issue. The second plea avers that Mr. Hanna had procured these individual subscriptions of citizens, which were afterward canceled, and the city issued her bonds as set forth 'in her record, a copy of which is attached to the pleas, and of which therefore we can take notice. That plaintiff took the coupons after they became due, and therefore had notice, ete. : = This ‘defense does not go far enough, It : may be true, and yet the subseription by the city be legal. The record of the proceedings clearly shows a subscription by the city, by resolution of the Council and approval of the Mayor, to the stock of the company. Some obJection is taken in argument that this does not show a subscription. - Why not? What more solemn step in the matter could the city take than that set forth in the resolutions and ordinances adopted by her Council ? The third defense is similar, and alleges notice by the city’s record, which is insufficient. In fact, all the pleas numbered five, six, seven, eight and nine are defective for a similar reason, P )

The fourth plea avers notice, but does not aver facts sufficientto constitute a defense. Ihold that there must not only :be the substitution of one subseription for another, but there must also be some deceit practiced upon the citizens, for if they do it with their eyes open no one can make any objection, . S If there were a plea that this agreement was the only consideration for the bonds; that the city made no subscription and received no stock, and that plaintiff had notice, it might be

good. But here the fourth plea in fact admits by not denying that the city received the stoek of the company in exchange for her bonds, whieh stock became her property. This stock was a valuable consideration, and the plea is therefore insufficient, and it may be added that the averment in one of the pleas that the plaintiff took the cous pons after they were due; is not enough without the other averment that some fraud or deceit had been 'practiced upon the citizens or the city.. It is said that the city bonds would be more available to the Railroad - Company than the private su'bscriptions"df‘ the. citizens, and this may well be frue; and yet if the citizens, knowing all the facts, did not at the time complain, they cannot now be heard. . = The tenth plea is held to.be bad for the reasons: given by the Court in the case .of the Republic’ Life Insurance, Company vs. ‘Withers, decided at. the presentterma. - . - S

The demurrers of plaintiff: to the second, third, fourth, fifth, sixth, seventh, eighth, ninth and tenth pleas of the defendant are therefore sustained. If the defendant’s Counsél think. they qameake the pleassufficient by amend-: ment, they may take reasonable time: to do so, but it may be a serious quiestion whether the- city’s liability is not fully fixed by the records. ==+ ~ This cause was argued for the plaintifft by C. P. J acobs,gEsq., of Indianapolis; and by L. M. Ninde, Esq.cof Fort: Wayne, and A.'W. Hendricks, Esq., of Indianapolis, for the defendant. /. ———— AN T T INDIANA NEWS ITEMS. The City Council of Kokomo-ordains that dny officer whom it elects who get drunk, thereby vacates his office. The Star Gass Works in New Alba-’ ny is the only establishment in.,;?mer-r ica that produces the polished plate glass. ) o SRR A piece of Warren County marble weighing 1,700 ‘pounds was shipped from West Lebanon to Chicago theé. other day. g A The Western Independent, the only ‘temperance organ in the State, has 'been compelled to suspend for wantof’| patronage,” oo b L u At Delphi, last Monday, some little boys playing infiarn setiton fire and the flames spréad to several other houses and barns, causing a total loss - of $2,500. -No insurance. . =.+ - - The Board of Health of Logansport is composed of one allophathic, one homeopathic, and one eclectic: ‘physi- ; cian, and a physician is chairman ’ofg the Committee on Cemeteries. =~ Hon. Andy Humphreys, of Knights ‘ of Golden Circle fame and convicted. to be hanged with Bowles and Mille—;{ gan, has become a preacher of the Christian denomination.—Mount Vernon Democrat. oo i The directors of the Clinton County Agricultural Society offer a premium | of fifty dollars for the best farm over. eighty acres, and twenty-five dollars for the best farm of twenty acres and. not over' eighty. -, > e Ng B Delilah Wiley, of Indianapolis, has returned a formidable array of legal talent and is vigorously proseeuting a suit for $lO,OOO against Louis Lang for selling liquor to her husband, alleged to be an habitual drunkard.. @ o

- John F, Shaffer, having read in the Huntington Herald that the potatobugs have all answered to rell-call, says that is all right ; but he’ll “be doggoned if he thinks it’s right for them to bring their wives and children along with them.” . = - Vs e

The growing wheat is heading out finely, and to the average observer, it would ‘seem as if there would be a heavy yield, but a more careful look through a majority of wheat fields-in this county shows that it is over.onethird winterkik\?fif—‘flnuth Bend Tribune. 2 g St e am S o

The South Bend 7'ribune says atemperance meeting was held on Thursday evening.at the Baptist church there and organized into an association. = Seventy-five joined the association. Twelve thousand dollars were subscribed toward the prosecution of those selling liquors. It is. the intention to raise fifty thousand dollars. @ . There is an establishment in Indianapolis which is now slaughtering and packing fifteen hundred hogs per-day. The doomed porker is brought to the fourth floor through a “sheot.” *'Here he is “yanked” into space by one hind leg, and the knife driven into his throat. In-about half an hour after this bloody beginning, ha is cleaned; disembowled, cut up and laid away in ice to cool off. b Le R e

On last Sunday evening, at Oxford, a German named Henry Ermer attempted suicide by cutting a -vein eof his arm, but failed. - He then cut his throat and crawled up inte a haymound - and settled down between two joists where he was found the next morning about ready to.drop to the floor.. It was thought he could not live more than a few hours. :The cause of his su}fcide is attributed to jealousy of his’ wife, : S

A horrible tragedy took place ‘ten miles from San Pierre, in Jasper county, on Saturday, May 31. A man named Henry Snider, his 'son, and three oth-’ ers, went to the hut of a%N-orWQgian whom they had accused of stealing, and emptied their revolvers at him-and his five children, who were in bed. They then set fire to the house and left. The Norwegian, though severely wounded, succeeded in rescuing his children,. two of whom were -fatally shot. Snider and his son have been"arrested.— The Norwegian, whoSe name isnot known, was a sufferer by the Chicago fire, in which his wife perished, and: his household goods were destroyed,

' The Polarjs survivors have been secretly examined by Secretary Robeson, as to the cause of Capt. Hall's death, and the failure of the expedition. Nothing is officially disclosed of the results of the. investigation, but it has “leaked” out that it shows Capt. Buddington, who was placed in so unfavorable a light by Esquimaux Joe’s story, to be guilty, at the least, of having deliberately deserté the Tyson party. -He is said, while intoxicated, to have driven them at the peril of their lives off the ship to the ice-floe, where he left them with a scanty supply of provisions to take their chances of rescure or death. . = - Late, frequent and heavy ' rains have completely flooded portions of Texas, entailing great damage on growing corn and cotton crops. Many parts of the State have been- vigited by the severest hail storms ever known, entirely destroying growing crops.’ The rivers and creeks are very high and a prospect of continual rain very promISR - r L e L e

Stokes has been unanimously gran--ted a new trial by the Court of Appeals of New York. The lower Court | is held to have erred in charging the. jury that the law presumed murder from the fact of killing, throwing the burden of defense on the accused, and in the exclusion and admission of some of the testimony. - A

By the falling of a scaffold.in the depot building of Chic:go.. & Rock Is-#\ land Railroad, then used for the Jubilee concerts, two painters John Olson and Wm. Culley, were last Thursday thrown from near thé roof to the floor below, and both killed. ~ ..~ -~

‘THE BANNER-ITS NEW DRESS. WHAT OUR EXCHANGES DEEM PROPER a 4 PO SRV AROUTIT. - : Thé'BAH’NEf{-’S new dress is a beauty.—Lagrange Independent. . - The Ligonier BANNER has denned d new ?‘llarness,”‘ and looks as neat and bright as a National Banner should Ag_'look',mMiskawakav Enterprise. L . The Ligonier BANNER appesdrs in a beautiful niew dress, which becomes it very much. The BANNER is one of the best papers i the State.—Huntington Democrat. ik o . .The Ligonier BANNER has donned a.new dress and is as pretty as it can ‘well be. Itis an ably condueted pa-. pery and has been a remarkable suc--cess.—Elkhart Observer. ; The last|issue of the Ligonier BANNER is printed from new type. . It is an excellent county paper, edited and published with great care, and is a credit to the town.—Huntington Heiald.: - b 5 g e e

- If any one appears stolid after reading Stoll’s BANNer. of Ligonier, which comes to hand in a new dress, kick anywhere or’ at any point you may think advisable, for it will he desery-ed-—FKikhort Union; ~ & - ~ The Ligonier BANNER, one of our most valuapls exchanges, [ has donned anew dress and came to us last weektooking as bright as a new gold dollar. ¥tis indeed beautiful to look upon,— :;qmwf‘mrd&ville'Jw_ujnal. , ' Hon. John-B. Stoll's paper, the NaTIONAL BANNER, of Ligonier, comes to us this ‘week in a handsome new dress. This is as it should be. The BANNER is one of the pillars, of ‘the country pressi—Kokomo Democrat. - The Ligonier BANNER, published by - Hon, John B. Stoll, came out last week in 2 new dress, and 'is now one of the neatest papers in ‘the State. - It has long been one of the best. - May it ever S 0 continue.—~Owen county. Journal. =~ - -The Ligonier BANNER appears in an entire new. dress this week. There is no-more tasty looking paper in the State than this- BANNER of Noble county. And Mr. Stoll makes it as readable as it is good looking.—E7k: Nart-Reviewps - b . ~ The Ligonier. NATIONAL BANNER has eome to us in a beautiful “new dress,” iwhich xeflects cretlit on the ‘person who selected the type on which itisprinted. The Bourgeois is a “thing of beauty, and a joy forever.”—South Bend Union. - - : . _'Fhe Ligonier BANNER is printed in a 4 complete new dress and it looks admirable. It is a splendid paper and deserves the high success which it has lately achieved. . We heartily wish you continued. prosperity, Bro. Stoll.—ZaPorte Argus. . T -~ Our old Democratic friend—J. B. Stoll-—has dressed up.his BANNER in beautiful style. Its new type are of a handsome pattern, adds much to the- - of'the paper., Financially, pve wish the BANNER and its clever editor much sueecess.— Warsaw Indianian. - .J. B. Stoll,-of the Ligonier BANNER, and the champion heavy-weight editér of the State, called on us to-day. Mr. Stoll 'has recently unfurled his BaxNER in anew dress. The paper is ex-. ceedingly prosperous, and one of the hebt of our exchanges.—Sonth Bend Trivune. = 7 = ! - The Ligonier BANNER, one of the' ablest county papers in Indiana, came. outlast week in an entire new dress,. that adds much to the beauty of a pa-per-which, ever since we knew if has been a pattern of ’typograp!gical neatness. -We congratulate the BANNER upon. this_additional evidence of its prosperity.—Columbus Democrat. - i . Now comes the Ligonier BANNER ‘with its “new dress on,” a perfect , model of neatness, and a perfect beauty, and, as a “thing. of beauty is a joy forever,” we congratulate friénd Stoll on the appearance of his paper. He has a right to feel proud of the BaxNER; and-then the care bestowed upon the reading matter: his readers ought to be thankful that they have such.an - editor to cater' for them. It is a credit ‘to Ligonier, the county, to John B. ‘Stoll, and the newspaper fraternity.— Goshen Democrat. B B

..~ » NEWS SPLINTERS. /f(},éo.rgé_F. Train has! been deckared sane: by a jury, and discharged from custody. . . -~ The Burnham_heirs, who expected $22,000,000 from England, will get nothing.” = . . - Traing on the Pacific Railroad - are delayed by high waters. - No freight is ‘moving. '~ > ' i A Masonic fair recently held in New York netted over $52,000 to the building fund. .- : E e . ‘General Rosecrans’s Mexican rail~way project has “fallen through”.. for the present. E . ~ Whitelaw f;eid acknowledges subseriptions through him to Greeley | statue fund 0f.510,460. L - Owners of slaves in Culia have been - ordered by the Captain-General to furnish 3,000 men to work on the new . “trocha. : ' e - The Asiatid cholera has appeared in two villages in West Prussia, hav- - ‘ing been communicated from Russian Poland.: . ' : -An attempt to fire the powder-mills at.the Mexican capital was frustrated | by a direetor, who was fired at by the incendiaries: - . ‘ . - The trial of William H. Tweed has been adjourned until October in consequence of the sickness of John Graham, one of his counsel. - _“Theé new French- 'ministry favors free trade, and the probability is there-{ fore strong that the protection scheme of Thiers will be abandoned. L - The Asiatic (or as some have it)" the “Sporadic” cholera has made its ap- . pearance in Memphis and seems to be ; steadily advancing up the Bver,..c 'The Modoc War is ended, and onr losses in killed and wounded are 138. How much it has increased the war | debt it will take several months to deternine; - ¢ e -

- The New York Legislature, before its adjournment, passed_a civil damage Liquor bill, similar to the Ohio law. . This has been approved by Governor Dix and become a law. : Reading, Pennsylvania, lately witnessed the ascension of a paper balloon earrying its maker, one Donaldson, above the clouds and ten miles to leeward, when it landed him in safety. It is’ considered certain that Secre‘tary Robeson will dispateh a vessel to - the Arctic regions to search for the Po- * laris, and to rescue the officers and crew still remaining in northern latitude. Sina i'i e . A Council Bluffs telegram gives some startling disclosures in regagd‘ to the murder two years ago, of a man named Williams, in the suburbs of that . place, and suggests the probability of a Bender farm case there. = ~ Frank P, Walworth, a young man aged. 19, residing with his divorced ‘mother at Saratoga, N. Y., wentto ‘New York city on Monday of last week, and next morning shot his father before breakfast. The son had sent his father a note of invitation to call ‘at his hotel, which was the Sturtevant - \House, and shot him soon after he en‘tered. The exeusg of the young chap -was, that his tamhad gL oo ‘and threatening letters to himself and ootk T S o T