Nebraska Newspapers

    ?MtMto Mvtitisttl
c v-
CHUECH, COLHAPP & CO.,
rlnfc" rrayrietara.
Qco- TO McFfcCT Block. Stair.
' ADVERTISING
O,,, Mr. (8 line or 1) first lnen!on 1 1 00
Eminem i of fi v lines or let....
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soo
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r. . .v. ,.,.,,! nn Vr . SI W
SU"".'11 mouths, 1S; luree mouUw 10 W
vrti column, one year 1 ... ?V
lni column. six moaa,f.a ; three months IS 00
ttif column, one year .. w
column, six rnoU,M: three months a TO
. eoluBinItmntn,ijii; three months-. 00
ATTorinrrs.
nnnr, w. T. imem.
FRENCH kOGFTRS,
TTOttKrYM txH'NHKMHlS AT U
WW rlvediHreot attention to any leial hwiness
inn a. dillon.
intriMiC.uH)r mt Law, aad
' General ld Aft,
Tmcumteh, J oh noon Coowty, Nebraska.
J. N. REYNOLDS,
Attarney and Connaelor a Uw,
Ottic k No. 90, Reynold Hotel.
strraa Uw A. aollcltors In Cancery,
lue - w-.
wm. ii. Mclennan.
XttfrMrr and Contor at Lw,
Sebrak.aCltj Nebraska.
lilcratr at Uw and Land A cents,
tjncr. '
Ot B irEWETTi '
. - and ( ainulur at IiW.
p - o. 90 JUcrharson's Clock, op stairs.
B. M. RICH,
attorney Uff and Land Aftat.
Cjffloe in Court llouw, first door, went side.
B. F. rERKINS,
attorney and Connselor at LW
Tecumseh, Johnson Co., Neb.
NYE A HUMPHREY,
ATTORNEYS AT LAW,
Itwiwe City, Pawnee Co.. eo.
N. K. GRIGGS,
Attorney at Law Ileal Kstata Agent.
Bpotrlp. ig (Vmntr, braka.
PHYSICIANS.
R. COWLES, M. D..
Baastopatnle Ptor"
Obstetrician. 1
A rr1uate of Oerelarid Collefe. Offira it R
dSMin itreet, fintt door east of Mrble W orlt.
?ZrM tintion jiren to dUewtes of Women and
Omdrrn. ,
V. IL KIMBERLIN.LD.
mTlCIlN AKl'KEOS TO NEB.
. E1E ASU K All 1NFIMMAHY.
Omc t-No. l -He notls' llouae."
. Orrics Horaa 7 a.m. to p.m.
n. C. TKCRMAN,
PIIY8H IAN AM) HLKGEO ,Tv
-ter'. Tl hbop. Ofhc boura from 7 to 11 a. m. ana
) to 4 a.m. U-i-7
II. L. MATHEWS,
PHYSICIAN ASH 81ROEOS.
Offlce 'o.l Main Btreet.
A. R. HOLLADAY. M.
rar'idan, Sarjrean and Obatetrlclan,
OiTloe Holladay A Co Druic 8tore.
Graduated in lil ; Located in lirownnlle in
fV. Hat on hand coviplett et o A mpviatxng,
Trrphininff and Obstrtrtcii Instrument.
j, s.H:cial attention ffirm to OMetrici an
the disftutt o Women and Children,
C. F. STEWART, M. D.
PHYSICIAN ASD ilRGKOS,
WtceXo. 1 Main rtre-t-CSct
nour-1 to 9 A. 3., and I to 2 and ti to
7U P. M.
LAND AGENTS.
R V. IIUOHES,
Real Eatati Agrt and Juat lee af Peace,
OJBce In Court Hoime, first door, -wax I aide.
BARRET A LETT,
Land Arents Land Uarraal B raker a.
No. 1 Main Street.
. Will attend to paying Tar ei for Xon-retidenU.
prr$onul attention picen to mating location.
Landt, imjtrovcd and unimproved, or tale on
.reutonattle term.
'. WI. H. IIX)VER.
Raal Kalate and Tax Paying Agent.
Offlea in lHstrict Court llomn.
Will ffirf )rotnpt attention to the tale of Real
Estate and fa undent of Tazcs throughotd tht
Xrmaha Land Ihttrict.
Z- JQNAS HACKER
XJr.TD A7ED TAX PAV1SU AGE5T.
Will attend to the payment of lore for Aon
HeHdrnt Jjand Owners in JS'emaha County.
Corretpotuli-txee tArited.
MOSES II. SYDENHAM.
NOTARY PCltLIC LASD AGENT,
fhrt Kearney, yebraxka.
Will locate lanls for Intending settler", and
r1v any Information requimi conoernine
the laoda of Hotith-Westorn NelmKtea. 12-4.
IXERCHANTJISI-
WM. T. DEN,
W h alemle and ft eta U t dealer i n
General Mrrchandlae, and Camntlaalan
and Varwardlnft Mrrckaat,
' No. 518 Main htrwt.
Or Planters, plow. Move. J-'umiturr, tc
etlvayi tm hand. Highest marl et price paid fin
Hides, Pelts, ttr and country Produce.
T. E. JOHNSON A CO.
lealera In General Merchandise
No. 1 MoDhe n'a Plock, Main Ht.
IIOTIXS.
PHELPS HOUSE.
W. TM. HTKVENS. PBOPKtirroa.
Oppoaile e lepot. Ptwli City, Mlaaonri.
A od aceonimodationa and good stabling; are
Mte ad a caa be b 1 in toe Weal.
AMERICAN IIOl'SE.
I I. ROH1SON, lprletor.
Front St., between Main and Water.
A Kt ed and JAvery Stable in connection
t0A IK Hnuse.
DRUG STOIU-S.
HOLLADA Y A CO
Wholesale and L'rtaa Dealers in
Draga, medicines, Paints, Oils, etc.
No. 4 1. Main Street.
MeCREERY A NICK ELL,
Wholmsale and Retail Jtealers n
trags Baa -a, Wallpaper Statlanarjr
No. 3 Min KtreoU
OOTS AND SHOES,
CHARLES II ELMER,
BOOT AKU SHOE MAKER,
No. 15 Main Street.
Hern an hand a superior stock of Roots and
ohoes. Custom Work don with neatness and
dapatth,
A. ROTUNSON,
BOOT AKU 0I1OK MAKER, .
No. ft 8 Main Street.
flu on hand a pood assortment of Gents,
trie's, Jlfutee' and Children's Boots and Shoes.
Ckftnia. M ori- dime with neatness and dispatch,
Vtwwt Hime Mt short notice.
IIARDVATv-.
KTT T T r"Vl?T--TT(jrTl URD'S..
at anfeirers' Dealers tn Tlnwara.
No. Main SU, Mcl'heraon's Bloclc
e"oi Hardware, Carpenter's Tboia. Rlach
atV Furnishings, dc constantly on hand,
Toll V r. TiPCSKR.
lealer In Sto-es, Tinware, Pnnaps,
No. 19 Main Street. -
SA-DIXRY.
JOHN W. MIUUI.l.lU,
IlARVEaft. BRIDLES, COLLARS, Etc.
No. 6 MalnSlreeU
Wldps and Lashes ceerj description, and
Pkutertng J lair, kept on hand. Cash paid fur
J. n. BAUER,
Munttftftiirer ana lemer in
HARKL&8, liUlDLK., COLLARS, Etc.
. - Io. V, Main tMreeu
Wentlinrf (Jnne tn order. Untixfaetinn fmaranteed.
SALOONS.
CHARLES BRIEGEIw
BEER HALL AND LUNCH ROOM,
No. Main Street.
JOSEPH HUD HARD A CO.,
, - SALOON,
Therjest Wineaand Liquors kept on hand.
t" r. c vr.r.Grn '
ALrtAlffimA IIII.I.I Alwll SALOON.
-Tke beat Wln una 1 Jminra CTwtmitly on hand.
4
. J. L. ROY,
BARBER AND HAlll DRESSER.
Mas a splenajd suit of Rath Rooms, Also a
wf iwir Uentleman s M otions.
WM. McNE All, ' ,
BARBER AND HAIR DRESSER,
i.'n.&lluinMmL' -
r Jrpe A to do a.:i tiixli of Kalr Dresalns tor
o'l L4ipn. Kid i.i!)m rfaovaii.: boots
Jkedaianuon ; washuiK and irooiog done on
XlLACKSllXrilS.
a. w. i j. c, oinsoN,
t.HMI 1 il,
7?, on between Main and Atlantic
y trZ w to vrwert aixi f'ajucnan pwr
JEWELRY.
d. 'infwrtm-er and ltealer In
Watches, Jewelry, eta etc
tld fer-Plated Ware, and all varie-
"'Tacus constantly on hand, Rniiring
W'.nZ'te'atthnrinoti Charges
gttttral
ESTABLISHED 1856.
:trt5
co:otctioixiiii.
CITY BAKERY" AND CONrrCTIONERY.
Ko. 81 Main atreet. onoonite tltr Dnii Store.
Tien. Cakes. Frenh Br-tid. Oonfectionerr. Ucrht
nu r ,w t itnxwn, conmaniiy on nana.
GEORGE YAITNEY,
Baiter y and Confectianery,
No. 37 Kaln Street.
OfTem to the public at reduced rates a choice
stooK or orocerlea, iTovisions, Confectioner
tea, etc., etc ' -
WILLIAM ROSSELI
Bakery, Canfeetlanery and Toy Stare.
No. 40 Main Street.
Fresh Rread, Cakes, Oysters, fruit, etc, on hand
J. P. DEUSER, ;
Dealer In Confectioneries, Tays, etc.
No. 44- Mnin Street.
NOTAIlI.
JAS. C. McNAUGHTON,
Natsory Public and Can eraneer.
Omcxln Carson'8 lia n, lirownvllle, Neb."
E. S EBRIGHT, .
' Natary Pnbllc and Centre j aneer,
And aent for the Eaultable and American
Tontino Life Insurance Companlea. 6-tl
FAIRRROTIIER & HACKER,
Natary Pnbllc and Conveyancer,
Office in County Clxk'a Occ
O. W. rAIKRROTHER, JAMES M. HACKER,
GRAIN Dr.AT.r.RS.
DEALERS IN GRAIN, PRODUCE, C.
Aspinwall, Nebraska,
The hichest market price paid foranythlne
the Farmer can raise. We will buy and sell
everything known to the market.
WORTHING A WILCOX.
Storage, Forwarding and Com mission
inerc ants,
4nl Dealers in all kinds of Grain, for which
they iry the Iriohet Market Pnee tn insh.
TAILORING.
HAUHOLDT A 7.ECH,
MERCHANT TAILORS,
, A'o. 64 Main Street.
TTAra on hand a splendid stock of Goods.
and will make tnem up in tne latest styles.
on short nonce nnl resonnnie xerrni.
BOUNTY CLAIM AGENTS.
ED. D. SMITH,
V. S. WAR CLAIM. AGENT,
Washington City, IK C
M'Hl attend to the prosecution of claims be
fore the Department in person, for Additional
Monnt-. Ruck Par and PenKions, and all
claims accruing against the Government du
ring the late war. o-n
SMITH. IYTUTTLE,
. ASSISTANT ASSESSOR
Offlce In District Court Room.
Notary public and United States War Claim
A nerJ - Will attend the vrosecution of claims
before the Department for Additional Rounty,
Rack Pay and Pensions, Alto the collection fif
Siemi-Annua Dues on Pens-ions,
STATIONERY.
A. D. MARS IL
PIONEER BOOK AND NEWS DEALER,
Citv Rook Store,
No. 50 Main Sfreot.
ARTISTIC.
A. STAFFORD.
PHOTOGRAPHIC A It T 1ST,
No. 47 wain street, up suuik.
rvrnuu tinjthina Picture executed in the latest
ttvle of the Art, will call at ni'f Art lattery.
MUSIC.
MR. J. M. GRAHAM,
TEXCHKR OK MUSIC.
Rooms, Main, bet 4tU A oth StH.
lessons oiven on tht fiano. Organ. MeloctVn,
Cutter and Vocalization. Having had eight tnars
experience s teacher of Music in A'ev York is
confident ef girinr sntisaciion.
JUSTICECi
A W. MORGAN..
Probate Judge and Jaatire efthe Peace
Offlce inixmrt Jione uniioinir.
EXPRESS.
J. K. BEAR.
Agent for the V, S. Express Cow,
V. v. I'eiegrapn la
No. 54 Main Street.
AUCTIONEERS.
BUSS A Hl'GHKS.
GENERAL AUCTIONEERS.
Will attend to the sale of Real and Personal
Property in tlte Neiaha IaiiuI District, Terms
refuutuahle.
BRIDGE BUILDING.
? W. WHEELER,
BRIDGE BUILDER,
Sole acont for R. W. Smith's Patent Truss
Bridge The strongest and best wooden
bridge now in use.
DR. jj BLAKE,
DEHTIST,
.'.ft ,
Jir-
'-".JXts Would respectfullT
j announce that he has
nK located tn Broa'nvilie
and n now prepAred
- -'Xj'' atlons pertalnfny to
r. -i - - s the science or vea
' r -r- ttstry.
OrntTE Over City DroB Wore, Irost room. 16t
GILLESPIE'S
Livery, Feed, Sale and Exchange
r n r sl si gnw jm
rvrrner Main and Levee St BROWN VILLE.
II AVING purchased this Stable of
rawi tat fnrrtl-ri
tue wet i v. 1 , Ci t'wT o a i f r a tVa
SooUtern nenriu-.!, f " '-r ' . V. i;tZ
Room for ruiy i low i'j' r-
1 attention paia to t e imj "J."'" i t iPl r
fc T F a j
JACOB MAR0IIN, .
IIERCHAirT TAILOR,
mt .
fit HM
-- o 654
. is s - lie-
. 1 i5i
. za 2
: 'i Jii!
J I . a s-g a
lA- . ... I3g JS
.ill Wl : , 1 1 ! -.yfl vi: I !
. .Written for the Advertiser.
THE TOBACCO DOL
'. ;' , T O. iASKINQTON TOES.
As orJr bltf find fascinating cotem
itorary Writer, ,1. Jefferson Thumbs,
has assumed the management cf the,
'Cigar Box," and as we have agreed
to fill up & half column or so in the
literary department of the "Banner
of Light," and thus to a half column's
extent to reliefs trie fclitor of a si Jght
portion of the arduous duties det cit
ing upon him, we may, with proprie
ty, adopt the next best box from those
remaining unappropriated, which, In
our estimation, Ls the Tobacco Box.
Now, therefore, we "promise noth-
Ling , and attempt- little? ?ia ' this half
column, save and except to fill the
same according to agreement with
some well timed and appropriate
thoughts and considerations upon the
subject in hand, and will only indulge
in side explanations when it is neces
sary so to do to prevent incorrect or
improper inferences from being drawn.
Our style shall also be plain and un-
imbelished, so that all that have a
moderate education may comprehend
an appreciate. Hence "Blessed am
he dat," c.
The Tobacco Box.
"We presume, gentle reader, that if
you can't smoke, you will at least al
low us to chew, provided we do not
eject the expressed juices of the de
lightful- narcotic upon your store
clothes or patent leathers.
Taking it for granted, then, that we
have your cheerful consent to our use
of the weed, we will, In the first place,
proceed to equip ourself with a tobacco
box. ' ' -. ' .
Of course it is premised that the art
of using tobacco had, years ago, been
successfully achieved after many
we were about to say mittes at
tempts. But every unsuccessful at
tempt brought its consequences of a
dizzy head also the contents of the
stomach. Theso characteristics of
early attempts may not inappropriate
ly be denominated the first, or early
fruits.
But the peculiarities of the process
are sufficiently distinct to your mem
ory, (provided you chew or provided
you failed,) without our enlarging in,
that direction. . . - :
. Having provided ourself with a few
stamps, we sally forth from our sanc
tum, and presently find that we-aren
busily engaged in contemplating the
great varietyof boxes spread out upon!
he case. Here before us are some fif
teen or twenty styles, and these boxes
are as diversified in capacity as in style. .
Ah, here Is a beautiful tortoise-shell
for'only one dollar and a half; but,
alfts! it is deficient in capacity. This
one is sufficiently capacious ; but then
it is mearly A plain tin case, rounded
at the corllcrs, and something less in
dimensions than an oyster can. How
ever, as our motto is "utility before
style," we place our two stamps upon
the counter, take possession of the box
and immediately proceed to the Elk
Horn and haje it filled with "golden
thread."-
Now, those tobacco chewers who use
plug, have no occasion for a box ; for,
having purchased a "navy," they In
sert it in their left breecllea pocket,
and thus the weight of their pocket
book,' which reposes In the right, is
equalled. We, who sport a box, con
sider it to be more genteel to use "gol
den thread ;" but those who are the
more hearty chewers, claim that solid
"navy" is far more substantial, and
that one good chew 6ay as large as
a medium sized walnut will keep the
jaws in constant operation as long, or
longer, than a dime's worth of golden
thread; and that whereas fine cut
diffuses Itself, good navy swells in the
mouth; and herein they claim the
greater economy as well as trie more
lasty plea.fure.
The plugists also contend that fine
cut mushes up' in the mouth, and
when the saliva and juices are ejected
a great portion 6f the tobacco itself
follows suit ; and farther, that if said
juice is deposited with this more than
visible admixture of fine cut, it pre
sents a very questionable appearance,
especially upon -a clean floor.
However, it Is not our present plan
to argue the relative merits of the
above points raised by our opponents.
But In this connection it will big quite
appropriate to mention a well known
fact, .viz I that those who are' addicted
to the use of plug are the greater
spltters ; and this' Is wherein we be
lieve that they go to extremes. It Is
true that one great argument against
large and frequent .spittings, on the
side walks, is loosing its force. When
it was the fashion for ladies to ware
long dresses trailing behind for a yard
or more, it was quite impracticable for
a tidy lady and, of course, all ladies
are tidy to ware the same- white
robe for a second parade (we should
say promenade), until it had passed
through the wash-tub. This state of
affairs is very inconvenient not but
what every lady delights in abund
ant exercise over the wash-tub but
Inconvenient when It is good policy
(of great importance) to make a sec
ond parade (promenade) without
changeofprogramme(we mean change
of attire.)
But since a great change is taking
place in female custom, the argument,
as we formerly, remarked, is loosing
Its eSlcacy ; for flow the robe, Loth in
leTtprtb-Kjr more toroperly speakin, Ifj
shortness and also in circumference,
very much resembles a petti-coat.
80 easily, indeed, is this style of fe
male costume Imitated, that a lady in
possession of one of the last mentioned
articles which has a frill or tuck,
either single or double and no matter
BROWN VILLE, NEBRASKA,' THUESDAY, AUGUST 12, 18G9.
if the article is not very full, but for
that very reason so much the better
a black silk sack, and a what-you-may-cail
It to fill xmt withr and you have
the essentials. Then with the addition
of certain flub-dubs, the style is com
plete. "" '.'
We rather like the style. We sup
pose, however, that our admiration is
accounted for on the general principle
that humanity is prone to look with
more than indulgence upon the sur-j
roundings of the central object of our
devotion. But a philosopher would,
no doubt, define this tender sentiment
of the heart' as a prejudice, of the
grosser mind. . - :"rr
But we ave wandered fronrxufi
Tobacco l3ox, ahef how are admonished
that our space is full, so that the sweet
delights and fottd reminiscences of
earlier years awakened whije under,
the delightful influence of either navy,
golden thread, or any other variety of
the delicious weed, must be postponed
to another time. , , ... ;
But this much we are determined to
say, before relinquishing the subject.,
That when one of these hearty chew
ers deposits an even handfull upon
the pavement, after no farther use for
it, and we, or, what is still worse,;
some one of our lady friends, happen,
to step upon, the yielding and slip
pery mass, the feelings occasioned
thereby are anything but pleasant.)
For one is not sure what is the real
nature of the substance beneath the
feet : and this state of susDence and
uncertainty is, to say the least, con
foundedly disagreeable.
Pawnee City, Nebraska, i
, July 31, 18C9. '
Dear Bro. Church: In looking
over your paper of the 29th, this morn
ing my eyes fell upon a paragraph
which I regret ever found a place In
the Advertiser. My "srarring and
cross firinp:" with Rev. Shockey is
something about which you seem to
know but little, and concerning which
you might speak more truthfully after
cultivating a more intimate acquain
tance with the facts. What right you
have to pronounce me 'wanting in
the Spirit of my Master," I know not. '
will only say that, in preaching In
St. Deroin, by the invitation of many
friends, and presenting those things
in which myself and that community
were Interested, and which I hold to
be. sacredly true, I was not conscious of
acting in the absence of the Spirit of
Him whotivl would have to be' niy
guide in lif-and my solace 1n deitliy4l,r'nto try-lllni i1 violation of
And, unless it be the divine right of
editors, unceremoniously and without
cause to wound the hearts of their
friends, I must ask for a modification
of what you said with reference to
Your most obedient,
D. R. Duncan.
The Value of Railways.
In a recent opinion of Judge Paine,
In the Supreme Court of Wisconsin in
a question involving the right of coun
ties, &c, to levy taxes in aid of the
building of railroads, occurrs tne fol
lowing paragraph:
Railroads are tne great public nign-
waysofthe world, along which the
gigantic currents of trade and travel
continually pour highways, compar
ed with which the most magnificient
hlsrhw&vs ofantiauitv dwindle into
insignincence. . They are the most
marvelous invention or modern times.
They have done more to develope the
resources, to stimulate tne industry,
reward the labor, and promote the
general comfort and prosperity of the
country than any other, and perhaps,
than all otner more pnpsical causes
i r TH-tits- I a nnt a man irAman
Vvruuiuvu As. iivi v au iivv a luuii nuuiau
or child, niose interest or comfort - is
not In some degree subserved by them.
They bring to our doors the produc
tions of the earth. They enable us to
anticipate and protect the seasons.
They scatter the productions of the
press and of literature broadcast
through the country with -amazing
rapidity. There is scarcely a want
wih or aspiration of the human heart
which they do not in some manner
help to gratify. -They promote the
pleasures of social life and of friend
ship, they bring the skillful physician
swiftly from a distance to attend ' to
the sick or wounded, and, enable tne
absent friend to be present at the bed
side of the dying. ihey have
more than realized the fabulous con
ception of the eastern Immagination,
which pictured tne ueneii as transport
ing inhabited palaces through the air.
They take a train of inhabited palaces
from the . Atlantic coast and with
marvelous swiftness deposit It on the
shores washed by the Pacific seas.
In war they transport the armies and
supliesofthe government with the
greatest celerity, and carry forward,
as it were on the wing of the wind,
relief and comfort those who are
streched bleeding and wounded on the
field of battle. . .
And yet; notwithstanding all these
tremendious results, notwithstanding
the States, counties, towns and cities
of the country, fully appreciating their
importance, have bjeen bending all
their energies to the construction of
these highways notwithstanding the
General Government has donated vast
taacts of its domains to aid the object
we are now told that the public has
not sufficient interest in the construc
tion of a railroad to sustain an exercise
of the taxing power, because forsooth,
in executing the great public work
the State has made use of the agency
of a private corporation, and left to it
comparatively petty and unimportant
profit to be derived from the actual
operation of the road ! I confess that
such a conclusion is so utterly in con
flict with what I had supposed to be
the settled law so inadequate to what
seem to, me the real merits of the great
question involved, that it is a matter
of astonishment that it could have
adopted by any mind.; .
Leavenworth, August 4. At the
meeting held by the Land League on
the Neutral Lands, speeches were
made by Hon.Sidney Clark and others.
: Resolutions were passed unanimous
lv denouncing James E. Joy and the
Onited States Senate, asking Ross and
Pomeroy to resign their seats, cutting
Ioosp- from the Rerrubiican mrtv and
forming a new and independent State
Central Committee. v- -
Senator Pomeroy was burned in
effigy.
V ' ' j nr -v . r -."":' '"'..- ' . - - I
-, -J"
'CHiirnr . nrjinic-
TI02I CASE.
Decision of Jud8 Jsmescn Airainst
. Dissolution' cf t3 qjucticn.
Counsel Tor IXie Eisliop ss!t to
File an Amended EIIl.
n- t tt
Chicago, August 2.
The Dublic ' announcement that
Ju-e Jameson, of the Superior court,
",rould this morning render a decision
on the motionrto, dissolve the inj unc
tion T.gaingt tHS Ecclesiastical court,
cnnveBed ibr lire trial of the. Rev. C.
EXhcr.ey, tf Crt3 Cbult '1 ,-brcu .; t
srlfirgjs. audience 'to the chambers, in
cluding a 'Rumberxf prominent law
yers, clergymen, &c. '
After sami preliminary matters had
been disposed; of Judge Jameson an
nounced Ms decision.: It occupied
about half an Hour in its delivery, and
was listened to by the; crowded audi
ence with marked attention; v r;
- His decision was against tl,e disso
lution of the-: injunction. Tte old
maxim embodied in the 24 th tf Henry
VIII. that causes spiritual ought to be
tried by spiritual judges, the court ad
mi tied in its fullest force. But it was
because here was a temporal cause a
right of property, a civil right threat
ened, or, upon' the statements of the
billra. civil right is threatened by the
action of the Ecclesiastical court that
thereforeihis court interferes to pro
tect it, and this is acknowledged to be
within the jurisdiction 0 a temporal
csourt. 1 "While an eclesiastical tribunal
is engaged in the trial of an offender
in an actpf discipline or the rules and
cannons of thehurch', if th ey proceed
accordfus to those canons, a civil court
has bo right to interfere; -but If it
transgresses Its own rnlc-s'and regula
tions, and if theTafcrof this transgres
sion be to seriously ifcjure the tempor
al rights "Ot the qpdrty -accused, then
the civil courts have a right, and it is
their duty to interfere.:,
What then is the wrong In the case.
statexi 'Jbrly ?r.cT5 respondents are
here cliarcavltb: sitting or attempt
Infftoii !: eclesiastical court, to
try IJeY'CiitlesE. Cheney, and that
they aro'prtCESdliig outside of and in
violation urtb'efr-rules and canons.
An ecclesiastical court in this country
is nothing more than a mere voluntary
associattenxof individual.' Not to
state the fact invidiously, it is'perfect
ly tnrfcTMt an ecclesiastical tribunal
or:tLmIi association is no more in the
eyes of trie-law thanan-association for
any ampora purpose wnatever, a
base ball club," a lyceum, or nn organ
ization for the construction and oper
alioft of railroad, and the courts place
the risht to- interfere in. these cases
unon the violation of the contractor
stipulations wliich constitute the asso
ciation. . ' ' , " " '
It is charged here by the Rev. C. E.
Cheney that the" so-called tribunal is
iU own constitution and ordinances.
If that be so, then the civil court is
authorized to interfere for his protec
tion, and it is its duty to do so. Sev
eral objections have been devised by
the complainant in this case against
the proceedings of the Ecclesiastical
court, and I may state that every one
of the objections raised by the Rev.
Mr. Cheney, every one or tnem is, in
my judgment, sound, and should have
been sustained by a court a statement
that, perhaps, could not be made in a
similar tribunal in one case in a thou
sand. The ' first objection that was raised
was that the Bishop who had institut
ed the proceedings in the case was
attempting to do so in violation of the
canons of the church ; that the com
mission issued by him on its face was
a violation of a canon of the church,
and he had no jurisdiction or the pre
senters or the court to try him. Canon
second of the diocese or Illinois pro
vides that the bishop may institute
froceedings for trial for offenses on
nformation coming to hhn from either
of three sources from the majority of
the vestry, from three presbyteries of
the church or from public rumor.
It has been held by this court in the
Hager case, and the court thought,
with perfect justice, that this canon
and ordinance of the church affords
an exclusive rule for the Bishop that
he had no right to proceed outside the
canon, and should nave proceeded on
one of the three grounds mentioned.
The call or commission of this court
does not purport to proceed on such
information, DUt upon creditable In
formation. The Bishopry s that being
credibly informed that Chas. E. Che
ney has done soand so, I have appoin
ted you, c.;fcd The court holds that
this being the foundation of the whole
court, unless the Bishop brings him
self inside the provisions of the canon
he has no more fight to proceed to try
the Rev." Chas. E. Cheney than any
four men who may meet In the street
and say to each other he has done thus
and So, let us proceed to try him.
-The court had no doubt that this
restriction upon the Bishop was meant
as a guard, and he had no more right
Under such a commission as has been
issued to appoint such a presentation,
than any body else where we have and
of course the presenters have no right.
The coming together of the five per
sons and assuming to act as a court,
the court thought was a violation of
the canons which requires that the
Bishop shall select six persons out of
which the accused has the right to
select five, and as he construed the
canons the party accused has a right
of a notice from the Bishop", and of 20
days in which to make this selection.
Then there is according to the canon
necessary a notice of 30 days of the
trial, this al.o constitutes a jurisdiction
in fact, the fact that only 17 days even
by the extension granted were allowed
Mr. Cheney to select those parties.
It is true there is some difference of
opinion among the counsel on the con
struction of-that canon, but in my
judgment it is impossible for it to be
construed otherwise than as I have
done. The court coming together, it
is alleged by the bill that it had been
selected by the Bishop, organized by
the Bishop toconvict; thatthe Bishop
had prejudiced the case, and was bias
ed against thecoraplainant.and had in
timated to him that in case his contu
macy led his being brought before a
court for trial, there could be but one
result deposition ; and he further
stated that it should be so, for the
cause' that in this decision no one
would be competent to sit on the court
who had signed a certain protest, Opoti
which also was the name of the Rev.
Mr. Cheney, and the right to sign
which was a part of the offenses, or
involved an issue in this case.
. It was claimed there should be al
lowed the right of challenge : the right
to ask members of the court whether
they had formed or expressed an opin
ion as to the guilt of the accused.
This right of challenge was overruled
and many here say that, according to
the best legal authoritiesof the church
itself, it was wrongly, and, I might
even say, oppressively, overruled.
There is probably not in the world a
tribunal, certainly not a civil one, and
I doubt if an ecclesiastical one, wliich
would overrule so summarily an ob
jection of. this kind. The right of
challenge is a God civen right which
cannot be taken away. That also was
one of the objections which should
have been sustained by the court.
Another ' objection nlso ' that was
raised -by the accused was that the
presentment of the paper which
stands in an ecclesiastical trial the
same -as an- indictment at common
law, viz: the specifications of. the
offences for which the party is to ap
pear and stand histria),' was Jos-jIU-cient."
The court had no right to pro
ceed to' try hiiruou such an -objection.
This ajso-was overiuled. The objec
tion was that the alleged offense was
stated as haying omitted the word re
generation in the infant baptismal
service on divers occasions within the
past two years, and as stated in anoth
er place within the past six months,
not specifying the dates of the com
mission of the offense or the names of
the persons to be called as witnesses
against the accused. : . - ..
. Now I may here express my aston
ishment at the court overruling an ob
jection of this kind even. Mr. Hoff
man r the great authority of the church
in this country, says that such an in
dictment is bad in all kinds of law,
common, military,, civil and ecclesi
astical, and I may state that it is op
posed to the plainest dictates of com
mon sense.. Mr. Hoffman also char
acterized it as absurd an d illegal. , Now
some of these, if not all,1 were objec
tions that went to the very foundation
of the jurisdiction of the court and its
jurisdiction over the subject matter,
and u wrongfully overruled the court
was proceeding out3ideits canons, and
had no right to do so. ' -:
Now' here is a very Important ques
tion, whether the wrong complained
of Is such as a court of chancery has
jurisdiction to inquire into and. re
dress. Tins is tne wrong complained
-of on the part of the ecclesiastical
courts To -state in a Tew words my
views upon that point the court here
and the council here must show two
crciumstances to exist and co-exist In
order to justify the taking of Jurisdic
tion in this . court. There must be
an inevitable naturtl and proper re
sult of this ecclesiastical court, art in
jury to the civil rights of Rev, Mr.
fit -L f
i,neney,-or iomi3 rignis or property,
and the injury must be such: as; the
court -counts . to be Irreparable In Its
nature, nas it the inevitable conse
quence that there would be an injury
to the property rignts of tne plaintiri
if the court were allowed to proceed ?
It Is set forth by the bill, "for that the
Rev. Mr. Cheney has for many years
been a Presbyter at Christ church in
this city r. in the diocese of Illinois ;
that he was educated for such office;
that he is in receipt of a salary of $4500
per annum; and. also that he enjoys
ccttAln emoluments in the shape of a
parsonage, rent free, from the parish."
Now, what would be the consequence
of the court, in this instance, proceed
ing with this trial ? It is said . that
the consequence would not necessarily
be the deposition or even the suspen
sion of the complainant. It is said
that there has been 110 sentence yet.
My view is this: that if tli is Court is
a court proceeding in violation of its
canons, outside them and without any
jurisdiction, it must be presumed to
intend ail that may befall in the pros
ecution or tne case even tne worst
that may befall they must be pre
sumed to intend the deposition of this
party; because they put him without
right to the risk of deposition. And
the bill, I may say, goes further, and
states that the Bishop has made a
threat, or what has been so taken and
understood as a threat, that there shall
be a deposition in this case. It is true
that the Bishop denies this, but it is a
significant fact that the respondents
do not deny it ;' they made no answer
to . the allegations of the bill, and, so
far as they are concerned, I am. dis
posed to consider it as not denied:
having, as I said, no right to proceed
at all, , the presumption of the law Is
that they intend all that may befall,
even the worst consequences under
the canons of the church. If that be
admitted, the only remaining ques
tion is. whether tnere is threatened
such a damage to the proper civil and
property rights or the complainant as
that a civil court has a right to inter
vene and put a stop to the action of
the court. To give this righthe Inju
ry threatened mu.sbe irreparable.
The Judge discued at some length
as to what may be considered an irre
parable Injury. In the legal sense a
man may own five estates, worth
$100,000 each, except the fifth, which
may be worth ?xx and he nas the
right to come into court and allege an
irreparable injury to the fifth. An ir
reparable injury is confined to that
which Is estimated, and may be In fhe
main small. It is that which threat
ens to destroy or render valueless to
the owner something which he. poss
esses, whether an heir loom or an es
tate, and has no reference to the rest
of his possessions or what is modified
to them. .
An irreparable injury may be such,
either directly or indirectly ; if the di
rect and immediate consequence be to
destroy the estate r Interest, it Is di
rectly irreparable. If such that a
court or jury, although recognizing its
existence, still could not accurately fix
the amount of damage inflicted, then
it is indirectly irreparable. The right
here involved Is the right to continue
to be a minister of the Gospel In the
Episcopal church, as pastor of Christ
Church, in receipt of the salary and
emoluments of that position. It is a
pecuniary injury that a man should be
cut off from the profession or business
for which he is connected, even sup
posing that he can go abroad and con
nect himself with another church.
But the question is not so simple as
that under the canon of the church.
If the court depose or indefinitely sus
jend Wm, he is obsolutely cut oil' from
all the churches of the same denomi
nation, in the-land; he 'cannot offi
ciate either in this country or probably
in England. He connot fill the posi
tion, or pursue the career for which
he has been especially prepared by
years of education, and adapted by ex
perience and ability. ; It is so far as
temporal rights are concerned very
much as if his arms, were clipp3d off,
or his brain paralyzed by this court.
The judge concluded by saying : "I
feel that It has been made my duty to
interfere in this case, and that the
rules under which I do so have been
laid down long years ago by the sages
of Jaw. It has been a painful case,
one that I would have gladly avoided.
It has been my pleasure to hava been
a vestryman in tho Eniscopal curch.
and it is with regret I find myself
compelled to act in this matter, but
whatever the consequences I feel that
it is not my duty to shrink from them.
VOL. 13; NO.. 43.,
"I have gone thus far Into the ir
regularities of the court In question
towards the canons of the church in
order that, if the advisers of the Epis
copal authoritv in this case should
think If there is another trial .some of
the objections raided may be sustained.
A court declining to be examined as
to whether it has committed itself in
regard to the rruilt or innocence of the
accused,' or giving him due warning.
or I113 course of proeeeuure, 13 so man
ifestly unjust that I must express my
astonishment that four out of five gen
tlemen of intelligence should be found
in thid diocese who would take this
Laction. ' Not a similar tribupal has ex
isted, nor none been guilty cf ?tich In
justice since the days qt ccrogg and
Jeffreys." s . . .
The attorneys on loth sides f the
cisd had a connulutiou Immediately
after" the opinion had 'been rendered,
and th8 counsel for the BKhop reques
ted leave to file an amended bill be
fore the Supreme Court at its Septem
ber term; The Supreme Court, will
not reach a decision before January
next. - . '
mm I
Atf express nouF.aY.
The United States Express Robbed at
Paelfle City of $1U,UU0 Tho Thief
Taken In Wsnktths Co., TV' I a-,, -and
Nearly all the Noner Recovered.
Some three years ago Henry Braj'
ton,then living at Eagle, Waukesha
county, was intrusted with the sum
of $1,800 to bring to this city. Shortly
after he disappeared .from the public
eye, and money or man were not
heard from. Trie mafi sending his
money by Brayton had to pocket his
loss, and no doubt he did so with the
strongest kind of .blessings upon the
head of the man who had decamped.
For three years all trace of Brayton
was lost, when suddenly he turned
up again one day last week in -Waukesha,
with his pockets well filled
with greenbacks, and himself in the
most liberal disposition, His first
move was to buy a farm, paying the
cash for it ami deeding it to his wife.
He paid up a few small debts' and
seemed to be a man of means general-,
ly. The person's soivwho had intrus
ed the $1,800 with Brayton years ago
thought it a good time to put in his(
claim and he did so. Brayton was
sued, and a friend went the necessary
security for hlui, Brayton placing the
sum of $2,000 in the friend'a hands to
make him whole. . . - . .
On the ICth day of July last, Ileze
kiah Braughton, the agent of the
United States Express Company, at
Pacifie City, Iowa,--on a-conncting
line of the Pacific Railroad, robbed
the office of $10,000 in greenbacks and
decamped. The company comtaencod
search for him and offered a handsome
reward for his arrest and the recovery
of the money. Photographs of the
agent were also sent to the different
offices to faeiliate the arrest of the de
camping agent.- " j
.When Henry .Urayidri, with- fits
flush purse, appeared at Waukesha,
O. M.Tyler, the agent of the Company
at Waukesha; could not help associa
ting him with Hezekiah Braughton
and the Pacific City robbery. So
strong was the association in Mr. Ty
ler's blind that he sent to the office
here and secured a photograph. Bray
ton had not the heavy whiskers and
hair of -Braughton,- but these were
easy enough to be cut off. and a little
investigation showed that Bnlyton
had been under the barber's hands.
Satisfied beyond a doubt in his own
mind that Brayton and Braughton
were one and the same man, Tyler
sent for Chief of Police Peck, who
went but there on Saturday last. Mr.
Vary, the Express agent at this pointj
accompanying him: They found
Brayton at Troy and upon laying the
matter before him all doubts disap
peared when he at once acknowledg
ed himself a3 Braughton who had
committed the robbery at Pacific City.
Upon searching hihi, the sum of
$5,500 was found on Bray ton's person
the $2,000 deposited with his friend as
security was paid over ; the farm deed
to his wife was given up, as was also
the $1,200 team of horses. This made
up the Express Company otf 9,000
of the amount stolen, and Brayttlti,
the money and horses were brought
to this city, . Brayton has beeri lock
up for trial. No little credit is due to
Mr. Tyler for the skill with Which he
started the uriravellng of the affair,
land finally brought Brayton to ac
knowledge his guilt
When arrested Rrsy ttm Was about
three miles from Troy, driving in his
carriage to that place. His wife was
with him. As soon as-tbe Chief Peck
took him in charge he acknowledged
the theft at once, and told where the
money he had yet was, and what he
had done with that -pent The mon
ey stolen from the Express Company
was in one package of $7,000 and oneof
$3,000, belonging to. merchants of Pa
cific City.
Before he left Mukwonago, three
years ago, to commence his exploits,
which have given him such a jiotorie
ty, Brayton was a sort of a farm labor
er, but was a man in whom every one
bad confidence. His wife, who is in
f;reat distress over the affair, is a lady
lighly respected by all, and certainly
deserves sympathy.
A Californian's Idea of Green
backs. A. D Richardson, in a
California letter to the New York
Tribune, tells the following story :
The Hottest at a house where I din
ed the other day came to Colifornia
when a mere child. . She remembers
absolutely nothing of her old home.
"Do you really use pennies in the
States V she asked. "Yes.'' "They
are made of copper are they not?"
"Yes." "Have jou any greenbacks
with you ?" I neve saw but orie.and
I have forgotten how that looked.
I succeeded in fishing up from the
bottom of a pocket one . crumpled
twenty-five cent note of oilr postal
currency. She turned it over with a
keen curiosity. "J t seems to me very
ttrange that thb should be money,"
she said. "It don't look like money."
"What does it look like?" "Well,"
(hesitatingly, . and with the. utmost
sincerity)," it looks like a label
for an oyster can !"
A droll story is relrtted iT an honest
old farmer, who in attempting to drive
home a bull, got suddenly hoisted over
a fence. Recovering himself,. he saw
the animal .on the other side of the
rails, sawing the air with his head
and neck ahd pavving the ground.
The good old man looked steadily at
him a moment and exclaimed: "Darn
your . apologies, you needn't st?.:nl
there, you eternal critter, bowin' and
scrapin', you did it on purpose, darn
your curly pictur!" -
Courinne. August 4. Provo and
Wright, polygamists, are beaten for
the Council and House of Representa
tives uy eauie, or ths Vauv IZvuot'
ter, and Dennis Toohey, Gentiles.
This 13 the first defeat of Mcrraoniiin
by ballot in the Territory.
Otffi CHICAGO I
,i -
Base Ball Mateb -California Pi-alM -Mayor
of ChJe tJ re 'teal s
tate SU. jaJ.ii cu.l .t erclaas.
Tne Brld Disaster at Kltn.
. . .... . f
From our Special Corresnon Jr:t.. . '
" l ' Chicago, Augnst 9, Isr.C.
Saturday 1x1 we witnessed tho long
expected base ball. m:teh between tLe
Red Stockings of Cincinnati ar t the
Forest City 3 of Itockford. .Th?V nrj
looked upon a3 the champion profes
sional and amateur clubscf the Union.
They have both made extenitl tcurs
in the East, and returned., victorious.
The game of Saturday did not manfest
the skill that was looked for, both
clubs playing-in a loose, uninterested
manner The score stood S-'V to 22 In
favor of the Red Stockings. ' " r
. California fruit meets the eye ai al
most every corneT of the stree t. Like
the gold of that Sfaie, however, it la
decidedly dear. 1 Thepluma and pears
look Inviting, and tasta ddicious ; but
at ten and twenty cents each, we take
our share in looking at them.-
I'rora the almost numberless par
ties whoare visiting California, we are
la a fair way to be well posted in ref
erence to that distant SLiieV The list
is not yet completed, &3 we are con
stantly hearing of new parties being'
organized for the trip. . .-
Chicago has an active Mayor, who
Is a curiosity ill his way. During eix
weeks of oir.ee holding he par
doned over four hundred criminal. out
of the city pri?on, and grnntM a nti.ti
ber of free licenses. He declares that
the prison Isove-crowded, and he fears
disease; but it is not unu-ui!ly full.
A few free licenses as pedlors, etc.,
have been heretofore granted to larne
men and cripples of ail kinds; buicur
Mayof believes in issuing a lot of
them.
Another, of those suits" for Largo
quantities of real estate, has ben
commenced. Tho widow of the la!o
Walter S. Newberry has entered ah
action to recover dower in an estate
valued at one million,. She was al
lowed $10,U0G per annum, and tho
homestead, but Is determined to havo
her dower.' A good haul for lawyers
and a lively family quarrel.
The Chicago river has long len
known for its peculiar-odor. Thh?
summer, however, it is especially
odoriferous, as our city officials have
not seen fit to start the steam pumps
at the head of the canal.' We are
anxiously looking for the day when
the cut will be sufficient to start a cur
rent of lake water down the Illinois
river, and give the Mississippi a taste
of Chicago river water.
.Some interesting exercises.' were
gone through . with yesterday in sev
eral of the city Sunday Schools.. .The
Rev. Wm. Foles of Boston 'brought
four children here from hU "Home
of the Little Wanderers.'.' They sang
beautifully, and appeared contented
and happy. Mr. Poles. saya.be has
2.G00 In the '.'Home," mostly ricked
up on the streets. He is doing a great
work; ' . 1 j ' '
1 hnve heard a great deal of talk and
newspaper comments on the recent
bridge disaster at Elgin. A grc.it ef
fort is being made to flrightcu tha
public In reference to the truss bridges
made by Mr. L. E. Tresdelh As it i
my duty to keep your readers pouted.
I Will give the best Information I
could get In reference to this matten
Mr. Truesdell has been building these
bridges for thirteen teats, arid the one
at Elgin is the first that ever fell. The
Superintendents of ltld?e for the
Board of Works for the city, and for
the Galena division of the C. & N. W.
R. R., visited Elgin, and reported that
they believe the bridge was tampered
with, for the following reasons : The
standing spfliis Will sustain ten times
the weight that broke the other. A
portion of the stone butment has been
removed, try uiiscfewlng nuts, loosen
ing bolts, etc., thus allowing keys to
slip from their sockets and occasion
the rail of the bridge.
Philadelphia, August 4. The
United States bonded warehouse on
Lombard street, better known as Pat3
terson's storehouse, a six-story-brick
building', 250 by 150 feet, and contain
ing 40,000 barrels of whisky and other
goods, valued at tn cr eleven million
dollars, tooa fire at 7 o'clock this after
noon, and up to this hour has defied
all the efforts of the firemen to subline
the flames. Burning liquor is running
through the streeta like rivers, which
destroys the hoes, thus interfering
With the Work of the firemen.
It is impossible to state how far the
fire will extend. . A large number of
minor casualties have occurred, but
no lives were lost; eent those of four:
children, who were killed by falling
bricks. . . .
The origin of the fire is. stated as
follows:. The Immense weight of
whis4cy stored in the south end of the
building. Immediately over the engine
room, caused the upper part of the
building to give way, thus letting the
whisky down into the engine room.
The fire spread through stories.
The h re men directed their efforts to
save the surrounding property, it
being Impossible to do anything with
the warehouse. Most of the whisky
was that on which duty had been,
paid under the extension net of con
gress. This fire ia the most destruc
tive which lias cecurred In this city
since the great fire of 1Q50. The prin
cipal lo:ers are the Haney's, Cat her-
wood and John Gibson's sons. .
At this time it is Impossible to state
the amount of Insurance. Later 1:15,
a. m. A heavy thunderstorm has set
in which will aid In reducing the fire,
but it is still burning unchecked. The
The great heat prevents a close ap-
)roachlo ascertain the minor parti cu
ars. but the streets are full or rumors
of lives lost by the falling of the walls.
I he stores destroyed were consid
ered to be entirely fire-proof, having
iron doors and shutters. 'Ihere were
18-inch walls between each of the
eight stores, but they turned almost
as if made of wood. The burning
whisky ran into the sewers, causing
explosions fiOd a panic among tho
spectators which was not lessened by
the Tvpotts that the building contain
ed rwtdeff alt-peter&c., &c.
Ihese ouildmgs were erected . some
fifteeh fears ago, and were considered
among speculators the finest of the
Kind in the country, - They were
formerly used by the Government for
storing sugar, cigars, etc., but recently
were entirely devoted to the storage of
whisky in bond. -
"The St. Joseph & Nebraska Valley
Railroad Company, . which proposes
trt build a rod from Rulo, Neb.,' to
Lincoln, a distance of eighty-rive
mile, and perhaps, eventually, Iks
vond T.iinrlii fortv milstn tlnltimliH
on the Union Pacific Railroad, ninety
mih-H from Omaha, are trying to se
cure the use of the St. Joeseph &
Council Bluffs Railroad, from a point
opposite Rnlo to St. Joseph. If this
arrangement can De mail tne compa
ny will try to complete ten miles of
their road west of Rulo this season.
St. Joe Herald.
San Francisco, -August 4. t-The
Workingmcn's Convention held at
Virginia City, Nevada, passed resolu
tions declaring the importation of
Asiatics, for employment in the mines
and other fields of Ulior, m-.; t t o dis
continued or bring on an irrvpr?ssiUe
conflict ending ln"blool:cd and ruin.
- - New York, August 5. A special to
the World from Helena, Montana,
says Hon. J. M. Cavanaugh has been
re-elected Delegate to Congress by a
majority of 2,000.