~.8
OD ,813103118 AN °A. the South—S[l=o ary
.
• Inducements Offered.
~,_ _
Mayer Drum had nine eases of drunk- ,
Since the close of the war the people of
enema beforo him yeisterday. Most of Ih r .s South haver claimed that they were
the were sent to Sa i l default of bail. ever willing to extend a hearty welcome
1 ,
and helping hand to those who might
come among them for purposes of settle
ment or investment. Who ever has, in
the past, questioned the sincerity of the
Southern people .in this respect, must
cease to doubt when they know what
steps have actually been taken by the
prominent and responsible men of the
\ m„.
South to encore age and induce Northern
men and foreig er to assist with their
ekill and expert c the development of
the richest and mob prolific portion of
our country.
In January JailllaTY last the officials of thirty
one Southern railroads met in Conven
tion at Atlanta. Georgia, and issued a
general invitation to every one seeking a
home to makethem a visit before invest
ing !Asewhere, in the words of the fol
lowing resolution: "That excursion
tickets or certificates be issued t parties
desiring to visit the South, for ', he pur
pose of personal observation, wi h a view
to permanent settlement or in estment;
said tickets or certificates to be good
over all roads agreeing to the same."
These thirtY-one railroads include all
the main lines of Virginia, the Carolinas,
Georgia, Alabarna,Mississippi, Tennessee
and Kentucky.
They propose to furnish excursion
certificates (to those only who wish to
invest or permanently settle) at the rate
of two cents per mile. and to actual set
tlers they will furnish certificates at the
rate of ane gent ba ggage , allowing
eighty pounds of to each pas
senger.
4..rrangements have been made with
the hotels in Southern towns and cities,
by which they agree to deduct one third
from their usualcharges, to ail persons
holding excursion certificates.
These inducements are certainly very
favorable, and an opportunity is now
offered to all wishing to see the South,
to do SO in a safe and comfortable man
ner, and at small expense. _
The country : ying between the Poto
mac, Ohio and Mississippi rivers, the At
lantic Ocean and the . Gait Of Mexico,
'presents great diversity of surface, soil
and climate. Most of the frnits and all
known cereals being produced, and in
some localities two crops anneally. Rich
mines are being developed and a splen
did field i&open for manufacture, as the
water poa•er is unlimited and is never
clogged or interrupted by lee as in the
Northern States. The completion in do.
tail of this arrangement is mainly due
to the careful and able managortent of
Mr. E. Hulbert, Supertntendent of the
Western and Atlantic R. R. Co.. who
was Chairman of the Standing Commit
tee of the Convention of railroad offi
cials.
Tins offer of the railroad companies
will' remain open until July Ist, 1869.
All persons who in good faith: Propose
to • v - mit the South , for the purpose of in
vestment, or to seek a home, can obtain
all necessary , information and excur
sion certificates, from - Mr:. hank Horner,
Ticket Agent of the Panhandle Line,
011ie° to the Union Depot, Pittsburgh,
Pennsylvania.
___.........._—. ,
Bishop Kerfoot, yesterday mornimr., at
Calvary church, East Liberty, coral:tuned
fifteen ,personsrof whom ten wcr e men
and five women.
Wanted—Printers.—Tbext will be va
cancies for . two CoUrpa4tors in a few
days. Steady, reliable young men are
-16ted. Addretss Box ua.," CIAZETTEOf -
SIC . •
ait
rommittt4l,---ichael , Brady was on
'Saturday cornrsled to jail by Alderman
Thomas On an information for larceny,
preferred against him by Edward Mc-
Idaho'',
.
New Patlicatione.—We direct
Cot en
n
tion to the card of D. Appleton & ~ o
our fifth page to-day, announcing a new
Work entitled 'Underground Life ; or
3511nes and Miners,
Meeting To-Night—The Y. M. C. A.
'of Allegheny City will hold a meeting in
taelrnion M. E. Church, corner of Man
hattan street and Ohio avenue, this even
ing at seven o'clock.
• 'St. Day.—A meeting wan
%eld in PhiloPatrick's
Hall, Saturday night, for
the purpose of completing the arrange
ments for celebrating St. Patrick's Day.
'The attendance was not unusually_ large.
Assaillted.—Mary Miller made infor
mation, before Alderman Koenig, on
Saturday, against her husband, Fred
erick, Miller, for assault and battery. The
accused was arrested and committed to
ail for trial. •
Died.—Mr. .David K. Marchand, a well
gnomon citizen of Greensburg, Pa., died
et his residence in that town on Satur
day last. Some years ago he was the
editor of the Bepubticaa, a position which
he faled with credit and ability.
Tne Action of Councils onthe Water
Commission bill appears to meet with
very general approval. The, bill will
'probably be reported to the Legislature
tomorrow, together with the act sub
mitting the Park question to the people.
, The Ice Crop.--The—recAnt. snap of
' -cold weather, which still continues, bas
-enabled our ice rim article in a good
-supply of a pretty fair of the cold
•comfort, -and all fears of an ice famine
meat summer may now be set aside as
oundless.
Anniversary Meeting.—The Ladies'
-Home Missionary Society of the M. E.
- Church, held their annual meeting yes
'terday afternoon at three o'clock. In
Christ M. E. Church, Penn street. The
attendance was quite large mod . g
interest was manifested in the proceed
-
Inge. 0 •
-Estray.-officerr Peter Dressler found
-a horse and cart without an owner on
Saturday night. and on the same night
-officer james Patterson. captured a bay
bottle.. Both animals were left at Roddy
Pat
them stable. where the owners can
get them hy proving property and pay
ing charges.
Reserved Seatsfor the three- nights of
the 'English Opera are selling rapidly at
Kieber's, 122 Wood street, call early this
.mornthg to secure good ones. From the ,
very high recommendations' we see in the
Eastern press of this charming con3pany,
we feel warranted in saying the highes t
Ampectations will be fully realized.
Good Record.---The following, is the re
port of miles ran over the Allegheny
Talley Railroad, by Engine No 28, Louis
Walthonr, Engineer, during the year
1868:
No. of miles run during the year... 40,190
U " to one quart of 0i1..... 93
{l to one ton of coal , 68
Pittsburgh Silver Mining Company.—
Attention is directed to an advertisement
of the prospectus of this Company, now
forming in this city with a capital stock
of 550;000. We conceive this to be a
splendid opportunity for investment, as
the property to be minedis of the richest
character and must yield large profits.
Disorderly ,Conduct.—Martin Dillon
was arrested yesterday on a charge of
disorderly conduct, prefefred by his wife.
efore the May drunk on She allees that Mar
tin came home Saturday night
and amused himself by beating and
;abusing her and her children. lDillon
vrastommitted to jail for twenty days.
Broke Ris Jaw.—Charles
appeared befrre AldermariStrain on Sat
urday morning and stated that William
- 11ingh had attacked him; breaking his
jaw and:knocking several teeth down his
throat. The accused was arrested-on an
information .for aggravated assault and
battery, and after a hearing held to bail
for trial. -
' fc
Fresh Arrival.—The Baltimore ex
press train from the East, on Saturday
morning, brought into this city t hr ee
-well-known professional pickpockets nd
confidence operators. •The , men are all
young, of light build, pleasing addreis,
and dressed , in the latest flash style.
- Those interested would do well to be on
-the lookout for the fellows.
- Tract Society.—The anniversary meet
ing of the Allegheny Ladles' Tract So•
clety will be held this afternoon. at two
o'clock, in the First Presbyterian Church,
Swift's,) Beaver street, near Ohio.
'The annual reports will be read by the
officers. Addresses will be delliered by
several eminent speakers, And the exer
cises promise to be Of an exceeffingly in
teresting character.
A colored man is about to bring snit to
recover possession of the better portion
of.the ground on which Washington
•borongh, Pa., is located., His title is !acid
to be good by eminent legal gentlemen,
and the subject has created considerable
excitement among the property holders.
The land on which Jefferson and Waib
ington College and the' Court House
stand le said to be included in the dis
puted postuosions.
• Arm Drolten.—Robert Roy. a member
of the police force, residing in the Thir
teenthtward, met with;e serious accident
Saturday evening. Helras on hls way
to the station house to re ..rt for duty ,
:andwas running along W .n street to
overtake car on the Citizens Passenger
Railway, when he felt over a pile of rub
bish and fractured his left forearm Be
was removed to' his residence and a
physician called in,whe reduced the frac-
ft
Thirrinv Escape,--Elaturday ernoou,
.the driver of a Carriage, in which were.
seated three ladies, attempted to cross
the railroid crossing on Penn street In
front of an advancing train; but narrow
ly . escaped death for his recklessnesa
The cowcatcher of the locomotive strUck
the carriage at one of the hind, wheels
and knocked it off the track, damagiti •
It to a considerable extent hy the bloWl ,
- Fortunately the vehicle happened to he
of . a stoat build, and was not totally
-wrecked. Otherwise the occupants might
sayer fared, much worse. A.s It was a
sayers fright was all the injury they sus
tained. .
ME
- -
Painful Accident —.lmprisonment, for
Poverty.
On Saturday-evening, about six. olcloak,,
josiah Porter, a man about. thirty years
of age, who appears to be "a stranger in
sestrange land," was brought
to e the
watch house by a gentleman residing in
the vicinity , c the copper works, in the
Sixth ward. It appears that Porter has
'for some time past been staying about
tile copper works, and Occasionally, when
his health would' permit, worked there.
On Friday evening, -ba having been in
the city, Wes returning about seven
o'clock, and meeting a couple of ladies a
short distance above the Birmingham,
bridge stepped off the walk to allow
them to pass and in doing sostepped into
a wagon track with his left foot and fell,
severely spr,aming his ankle. He man
aged to crawl to a shed a short distance
o gwhere h remained until next morn
i, when e
'he was . discovered by
some of the neighbors, who provided
for him as well as they couldun
h was brought to tbe watch
ciu e l . On his arrival there Captain
Graham summoned Dr. Murdock, who
attended to the injury. and said the'man
should be sent to a hospital. He directed
a note to the Secretary of the Board of
Guardians. stating the case, which was
sent to Mr. Fortune's office, but *as not
received by him, and consequently the
man had to remain in the lock-up over
night. Yesterday morning Mr. Fortune,
having heard of the case, came to the
lock.np to see the man, and decided to
pensivem to the city farm, as it Is too ex
to the city to send such cases to
the hospital. This, of course, could not
be done on Sunday without incurring
the expense of a horse and wagon. as
there were no trains running, and conse
quently the unfortunate man was com
pelled to remain in the lock-up another
night.
This state of affairs is lamentable, to
say the least of it. If poverty was a
crime and pilnishable by imprisonment,
it would be disgraceful to confine the un
fortunate being so charged for more than
one night in that miserable place known
as the lock-up, and it is seldom that any
one is kept there as a punishment for
breaking the laws; but this unfortunate
oreatore, whose only crime is poverty, la
kept there from Saturday evening until
Monday morning, with only the soft side
of a plank for a bed. It this was an iso
lated case, there might be some excuse
for it, but only a few_ days have elapsed
since Walter Davis, who in a fit of insan
myo vetd mrptmed
eclul ti nhitsh e.throomab s was re
to the .
City Farm, after having remained among
the roaches and bed-bags for nearly, if
not quite, a week. '
Alleged Burglar Atieste.d--Recovery •or
the Goode.
At an early hour on Saturday morning
the hawls' sleeping room, connected o
with the slaughter house of Mr. Henry
Eckert, Pleaoant Valley, ; second ward.
Allegheny, was broken into,. and an
an overcoat, watch and pair of boots
carried off. The stolen property was
valued at FO. The robbery must haVe
been committed a ft er two o'clock in the
morning, as the hands started off for the
Pittsburgh market at that hour. Thb
evening previous a man named Samuel
Shopper had been noticed loafing about
the vicinity, and when thet =robbery
was made known suspicion at once
was fastened ` upon him Mr.—Eck
ert immediately ' made information
before Mayor Drum against Shopper
tor, burglary, and after a- long search
the pollee succeeded in arresting the in
&Waal, yfsterdsy morning at his resi
dence, on Juniata street, Sixth ward.
WheWarreated lib had the stolen boots
upon hisfeet. - He acknowledged hitt guilt,
first Implicating another party but „sub
sequently withdrawing this statement.
The party mentioned •by him called at
the Allegheny hiayor's office, last even
ing, and stated 'he had the watch and
()yam*, which'would be deliveredim to
the ofilders. 110 said Shopper gave h
the articles for : a debt, but , whether this
be true. or hot 031:131111111 10 be eeen.
' . Shepper, after a hearing, was held to bail
'for trial in the sum of five hundred dol
lars, in default of which he was commit
ted to Jail. ,0
rrrrssußeit ,GAZ
Tkr, COMMS;
D. S. District Court—Judge
SATURDAY, March B.—On aPP:.—eation
of the agent for Gix4year's 18`..aliCrubber
patents, an injunction • aras, granted
n'At'ned dentists, foi
infringing
patent, restraining
a t a e i m lis fr t tohme fo l lowingf ol nr iht e a r nce of the articles in
-fringed 14in: D. F.lSwengel, David
Hubler, Robert M. B rlan, M. D., L.
Dodson, G. F. Ilarwood Samuel P. Or
wig, Elias 'Filer, Frank M. Coulter.
Chas. D. Elliott, Wm. R. Blissimer, John
P. Thomas, W. A. Ritchie, Wm. T. Gib
son. Wm. Mullen, Go.` G. Crow and
Benj . F. Van Buskirk.
District ;Court—Judge Kirkpatrick.
S.A.TL'II.DAY, March 6.—The following
interesting opinion, in the Whiting-Dig
nam habeas corpus case, previously re
ported, was delivered by Hon. John M.
Kirkpatrick :
In the matter of the application of Maria
C. Whiting. representing William H.
H. Whiting, for a writ of habeas corpus
for the body of Anna May Whiting.
• In the District Court of Allegheny
county.
This is an application of Maria C.
"Whiting, attotney in fact of William H.
H. Whiting,' asking control of Anna
Mary Whiting, a minor child of said W.
H. H. Whiting, alleged to be improperly
held and detained by the respondents,
James and Elizabeth Dignum.
The undisputed facts in the case seem
to be as follows: Wm. H. H. Whiting,
the petitioner, formerly of this city, but
now of Louisville. Kentucky, and also a
brother, were both married to daughters
of the respondents, James and Elizabeth
. u t t h t e wo pe rsus itione a r g , o
Di EL PL Et a . mWhitAing William
g ia i m n
limited circumstances, and unable to
support them, left his wife and three
children in this city. going to the city of
Louisville, his present residence; in or
der if possible to better his condition.
The children so left were a boy aged
about four years, al, girl of about two
years—now ha controversy— and an in
fant.
Shortly after the departure of the pe
titioner the mother and infant child died,
and the two surviving children were dis
posed of as follows: The elder of the two.
the boy, was taken charge of and cared for
by the paternal grandmother. Mrs. Maria
C.Whiting, and the younger, thegirl„the
subject of this proceeding, became an in
mate and member of the brother's
family. Whilst so staying at the house
of the brotber, the child became
itor at the house of its maternal grand
parents, the respondents in this petition.
and eventually stayed with them, and
passed into their control entirely.
Matters so continued un uponthe 13th day
of November, 1868.revhen,the ar
plication , of its maternal grandmother,
Mrs. Elisabeth Dignum. it 'was, by the
Guardians of the \ Poor of the City of
Pittsburgh, indentured or "bound' to
her, "to learn the -art, trade and mys
tery of a housewife," ;until she should
"arrive at the full age of eighteen years."
From that date until the present time
she has been residing with her "mis
tress" and maternal grandmother, Mrs.
Elizabeth Dignum, one of the respon
dents in this proceeding.
It is admitted that at the time of 'the
said indenturing or "binding iza out" of
this child, that James and Elizabeth
Dignum—to one of whom ahe was bound,
and both \ of parents—Were
were her maternal
ere abundantly able,
as they now are, to maintain and sup
port her. It is also admitted for the
purposes of this case—at least no attempt
has been made by the respondents to die,
prove it—that at the present time Wm.
H. H. Whiting. the petitioner, is also in
like manner able to maintain and sup
r port it. It is, also conceded mutually—
at least we have no evidence to the con
trary—that all parties are in all respects
qualified to the proper discharge of
whatever duties may be devolved upon
them in its proper management and con
trol. ,
The respondents, in their answer, vir
tually concede, all of these facts, bat
'plant themselves upon their papers or
indenture of apprenticeship, and claim
that under and by virtue of these, they
h th
ave such pro per d leg over
the child at she a c n annot al
be takencontrol
from
them, not even to be surrendered to her
father; who now claims and seeks to eb
tain possession of her.
The question, then, and, as it suggests
need to my mind, the only question in
the case, is: Were the proceedings of the
Guardians'of the Poor of the city of Pitts
burgh, lb "binding out" this child, law
ful or the reverse ?
If they were in accordance with law,
the child must be retained by the re
spondents, its maternal 'grandparents
ma present possessors. If not, it must
be delivered up to its father; the peti
tioner in this proceeding.
By what authority, then, did the Guar
dians of the Poor of the City of Pitts
burgh indenture or bind out the child,
Anna May Whiting, to its present
"mistress" and maternal grandmother,
Mrs.. Elizabeth Dignum?
The General Act of the Assembly upon
this subject is of date 13th of June, 1836,
and the eighth section of this act reads,
as follows:
"It shall be lawful for the Overseers of
the Poor of every district; with the ap
probation or consent of two or more mag
istrates of the county, to put out as ap
prentices all poor chi/dress whose parents
are dead or by the said magistrates found
to be unable to maintain them, so that the
time or term of years of such apprentice,
if a male, does expire at or before the
age of twenty-one years, if a - female, at
the age of eighteen years..."
This. as we have just stated, is the
general law *upon this subject. Let us
now ascertain the special law or laws
upon which this,action of the Guardians
was Predisated.,!;' The Guardians of She
Poor of the City of Pittsburgh were in
cerporated by an act of Assembly bear
ing date March 6th, 1847, and' the 'third
section:of said act reads, infer aria, as
follows: "That the said Guardians of the
Poor, for the time being, sisal' be a body
politic and corporate in law by the name
of the Guardians for the relief and em
ployment of the poor of the City of Pitts
burgh, with the privileges, powers and
faculties of a body politic and corpo
rate," iitc. An act supplementary to this
act, of date April llth, 1648, in its first
section reads, inter a/ia, as follows:
"That the Guardians of the Poor ofe
here--
City of Pittsburgh be, and they are
by,authorized to_ bind out to service any
poor person under the age of twenty-one
years without the concurrence ds of the
Justices of the Peace, tas regar ov "
er
seers of the poor, by existing laws,&a.
It will thus be seen matt the difference
between the ' acts ; is py verbal and
unsubstantial as to the description of
the person or persons, capable of being
"bound out." and as to the method of its
execution the one, as to Overseers of the
Poor, requires the approbation of two
Justices to its proper accomplishment,
and the other, as to the' Guardians of the
Poor of the City of Pittsbufgh, _obviates
or does away with all necessity for such
Justical approbation. As intim ated,how
ever, the, description of the persons to, e
controlled or disposed of is substantially
the same. • The words of desctiption in
the general sot are "all poor &Men,"
.
-:.,., ,SoN:roi,yi.l,.:.,::74Altp
.. .
&i.; whibit those in the 0 not wYle legallY 154041 of. she. iyalcad" be
are any poor.pertiOn," fie. surrendered to her father, tt a s,,,,,s,„ er
urai -guars ....... 9
hil " ''
Who, tilizi, is a "poor c d, or poor who is her nat 0 --. ....n and Motto
person," ' contemplated by the statute? t , and to whomp?, saskin the absence
And was Anna May Whiting such an o any other
satins and commands
one at the) time the Guardians of the Poor tat ne Baal , be accorded.
of the City of Pittsburgh dispoaed of her I And rows to•okitt March 6th, 1869, This
t i t
by an indenture of apprenticeship to Mrs. c use havier, cane on tci be heard, and
Elizabeth Dignum, her maternal grand:. eying teen fully argued by counsel,.
mother, on the 19th day of Novembor, nd considered of by this Court, it is
1868? . ' o rdered, directed and adjudged tha
tt the
A poor person in contemplation of Saw, hild, Anna May Whiting, pe r
and more especially in contemplation of tiered and delivered 'to tbe petitioner,
laws such as these, expressly 'enacted William H. H. Whiting, or his attorney
for the ..carts -taking of the indi.gent and in fact, Maria C. Whiting, to be by
needy, is a "pauper" in the cesmmon and him, the said petitioner, or his said at,
Popular acceptation of thaS term. A torney in fact, Maria C. Whiting, kept
"pauper" is one so poor as ttabe unable to and supported, relieved; maintained and
provide for him or herself, and having no controlled, as in the judgment and
one of sefficient pecuniasy meaty to care opinion of the said petitioner, or his said
for theta, is a charge upon the bounty attorney in fact, shall be deemed and
and generosity of the public. In sword, considered proper and right; and it is
an eater of the public Woad; having no further ordered, directed and adjudged
relative or friend able. and by law liable, that the costs be paid by James and
to pay for it. Elizabeth Dignum, the respondents in
A. "pauper" is "a 'poor person, one so this' proceeding.
indigent as to depend on the town or A motion for a new trial in the case of
parish for maintainance."—Webster's Thomas Mellon vs. Milton Herron et al.,
Dictionary, title "Pauper." • was made, and reasons filed therefor.
"Pauper,"—"One so poor that he must A similar motion was made in the
be supported at the public expense.— case of C. B. Canner vs. John Agnew
Bouvier a Law Dictionary, title "Pan- eta
per." Vol. IL, Page 310. umber of deeds were also acknowl-
Was Anna May Whiting thus a edged in open court - by the Sheriff.
pauper," and did she, in contemplation Judge Hampton will take up the fol
of law, come within this definition on the lowing list on Monday morning:
19th day of November,lB6B, when she 1. Ross vs. Epsy.
was indentured by the 4
Guardians of the . Douglvs. McDonald.
Poor of the City of Pittsburgh to Mrs. 6. Cooper & Co. vs. Wolff.
Elizabeth Dignum? Was she a person 7. Cooper it. Co. vs.'Miller.
coal •
without bread, unable to buy and pay 8. Miller & go. vs. Hays' company.
for it herself, endive,avng no ono who 9 and 10, Heckle vs. Swint.
was able;. as relat or friend, liable 13. Hastings vs. Lacock et al.
and compellable by law to do so for her?
By the law itself let us examine and by
pregnantetermine this controlling and
enquiry in this case.
In speaking of who are liable - for the
support of relatives and friends, the gen
eral law arson this subject, which we
have already referred to, in its twenty
eighth'
section reads as follows: "The
father and grandfather, the mother and
grandatother, and the children and grand
children of every poor person (the exact
words used in the act, by virtue of which
this child was 'bound out,') not able to
work, shall at their own expense, being of
sufficient ability, relieve and maintain such
poor person," itc Bow, then, could ed or
can Anna. May Whiting be consider,
under this statute of liability, in any
sense, such a "poor person," as could by
any possibility be "bound out" and dis
posed of by indentures of apprenticeship?
She had, as is admitted, both a
"grandfather" and "grandmother" of
"sufficient ability to relieve and main
tain" her, both of whom, by express stet
ute just recited, were liable for her sup
port, and how, we may ask and seek in
vain for any answer, could or can she be
considered, much less declared, a "pau
per," to be disposed, by indentures of
apprenticeship or in any other manner,
by the Guardians of the Poor of the City
of Pittsburgh? As well might they take
the child of any gentleman in this court
loom and dispose of it in like manner.
It avails nothing to say that the father
was unable or unwilling to support the
child. The law says, iu so many words,
that the grandfather and grandmother,
being of • sufficient ability, amass. re
lieve and maintain" her. They. as well
as the parent, and in his default, SHALL
support her, and with him are equally
liable. Their "sufficient ability,"
in this. case, is admitted, indeed
it is urged as one of the strongest
amongst many other reasons why she
should be allowed to remain with them,
and in her present condition and abode.
Indeed, the very action of the Guardians
of the Poor themselves confirms this
argument of the re spondents : for, by the
very act of " bind i ng out, they in effect
aimed the
*sniffle' assert ability," at least of
Elizabeth Dispute, to "relieve:and main
tain" her. Arguing otherwise, we
would be compelled to the conclusion
that they had bound out a "pauper" to
be relieved and maintained" by a "pau
per," an illegality and absurdity. too pal
pable for one moment's nsthere
idera-
tion. These gzand-parentcoe,
fore, were or were not of "suffi
cient ability" to "relieve and , main-'
tarn" her. If they were, they were legally
liable to support her, without having her
"bound" or indentured to them, and the
child was not, and could not be consid
ered and disposed of as a t
enabilit y "paur" and
if they were not "of suffint ,"
but were equally paupers as she herself
was one to bind her out to them was in
derogation of all common sense as well as
all law, and the indentures would be as
'Valueless as the paper upon which they
were written.
But it may be argued that this liability
of the grand-parents only attaches in case
of the death of the parent, and not in
cases where he or she are in full life and
being, as in this case, and unable to af
ford proper support and maintenance.
To this it is enough to answer, in the
very words of the statute itself, which
plainly and manifestly, in totidem verbia,
declare just the reverse. But irargu
ment beyond the letter of the statute
were necessary. abundant authority
might be addaced. as well from the En
glish as the American -adjudicated eases,
confirmatory of the argument which we
haye drawn Atm, and the positions we
have assumed in regard to it. In Res vs.
Joyce 16 Vinerp. 423, the same doctrine
'is established, and the same conclusion
arrived at. So also in the case of Rex
vs. Carnish, 2 Barnwell and Adolphus
. p. 498. The 'propriety of the citation of
-these English authorities will be readily
recognized when we state wftat may not
be generally known, that our statuteis i si
literal transcript of, he English I statute
upon the same subject—the statMe of 43
of Elizabeth, chapter 2, section 7, i
But the statute is not without careful
adjudication in our own Couts. l ln Fber
vs. Win. P tio.
Smith, 6Pa. Law r Joni-nal, .P.
433, Mr, Justice Parsons: in a most thOr
ough and elaborate opinion, in 'which he
reviews all the available authority upon
the subject, with rare fidelity and char
acteristic industry, comes to the conten
t sion and holds, "That even' though the
father be living, if he be linable; the
grandfather, being of ability, may be
compelled to keep the grand child, and
also to pay so much money for its sup
pint In the time past asmight bethought
reasonable.". To the same effect, and as
serting the same lute, is the doctrine as
lajd down by Mr. Justice Lewis in rs
aribert's Appeal, 7 Harris, PM _
Assuming. therefore, what is admitted,
that on the 19th day of November, 1868,
James and Elizabeth Dlgnnm, the grand
parents of Anna May Whiting, were of
oingli abilito . relieve and main-
tam" her;
assume g
further'
what may
not be gainsayed, that if of Psulliolent
ability," they were legally liable for her
support, and could have been Compelled,
equally with her parent, so to do; and
assuming farther, what is also equally
true, that a "pauper" is One unable to
Support himself or herself, and having
no one legally liable and compellable to
afford such suppeet, the conclusion is in
evithible, and we - Could not avoid it, If we'
would, that 'Alias May Whltingwas not
and is not a "pauper" in any respect, or
in any, particular, such as the law con
templates and Makes provision Or; and
hence the action of the Guardians of the
Poor of the City of Pittsburgh was ills
gal, ;unwarranted ~a nd improper, and of
natural and neeeiliary legal consequence
void and bloc effeot.. .. -
This established, as we thinks it -is
elesxly, the law makes disposition of
this child. Not being bound, or other.
Common Pleas—Judge Sterrett.
SATURDAY, March 6.—The 'usual Sat
urday business was transacted, but the
following is all that was of any public
interestl
Victoria Eisengart vs. Frank Eisen
gart, and Emma 51. O'Shane vs. Edmund
O'Shane. Petitions in divorce. Sub
ponaes issued.
A charter was granted to the Pitts
burgh Building and Loan Association.
TRIAL LIST FOR lIONDA.Y.
82. Coleman vs. Fisher et al:
89. Czarinki vs. Fry.
90. Evans vs. Renouff.
93. Rapley & 'Miller vs. Gorbach.
97. Metz vs. Morrow.
98. Reed vs. Mills.
4. Christ et nu. vs. Ditman et ux.
5. Weber et nu. vs. Dittman.
41. Seller vs. Eiattlemeter.
I 52. Fisher vs. Field.
6S. Carson vs. Taylor.,
100. Kearney vs. Kearney.
Quarter Sessions
S --Judges Mellon and
SATURDAY, March 6.—On petition, of
Samuel M l Farland, the place of holding
elections in Robinson township was
changed, and they will hereafter be held
at the house of John Si. Seraph.
NEW TOWNSHIP.
In the matter of the division of Ohio
township the Court made a final decree
dividing the township and
new township to be called Kilibuck creating a ,
SENTENCES.
In the case of the Commonwealth vs.
the Burgess and Councilmen of the bor
ough of Vest Pittsburgh, who were tried,
and convicted at.the last term for main
taining a nuisance, the sentence of the
Court was that the defendants should
pay a fine of ten dollars each and the
costs of prosecution.
TRIAL LIST FOR MONDAY: -
64 Com. vs. Moses Parker.
65 " ' 1 Richard Bond:
68 " " Barney O'Donnell,2 cases.
70 . 1 " Win. Rorick el. al.
72 11 ' 1 James Sims.
76 " " Catharine Marion.
85 . 1 " Joseph McCann.'
86 .' 11 Winfield Ross- \
87 11 11 Catharine Richards. •
88 11 " Wm.,Bov;ers.
TRIAL LIST POE TUESDAY.
No. 67. Com. vs. W. J. Robinison,2 eases.
No. 50. Com. vs. Wm. Johns.
No. 66. Corn. vs. Edward Weaver.
No. 69. Cora. vs. Adolph Everhart,
No. 71. Corn. vs. Archibald Montgora•
ery.
No. 77. Com. vs. Ham l l Curran.
No. 91. , Com. vs. Henry Goldstein. Two
cases.
No. 94.. Corn. vs. Leonard Hartman.
No. 100. Corn. vs. Richard Lennelt. •
TRIAL LIST FOR WEDNESDAY.
No. 61. Com: vs. Neely-Burns.
No. 73. Com. vs. Patrick McCann.
No. 74. Corn. vs. Lee 'Robinson.
No. 75. Com. vs. Geo. W. Cooder.
No. 82. Com.-vs. Julius P. Stipe.
No. 88. Com.'vs. Winfield Ross.
No. 88. Com. vs. Wm Bowers.
• No. 89. Corn. Ws. Geo. - H. Pauline and
Wm. Fisher.
No. 87. Com. vs. Catharine Richards.
No. `—. Corn. vs. Louis Cella.
)
Mayor's Court—Sunday Morning.
,There• were twenty-three cases dis
posed of at the Mayor's Morning Court,
yesterday, as follows :
Drunkenness—Wm. McKewer, paid
fine and costs, $4,25; Adam Grush, com
mitted 24 hours; Robert Stewart, 24
hours; Hardy Brown, paid fine and costs,
$4,40; John Mertz, committed 24 hours;
Mary McKinny, 24 hours; ,John Alex
ander, 24 hours; Thomas as ' — k idney. , 24
-hours; John Wilson, 24 hours; Wlllianci
Harrison, 24 hours; George Wilson, 24
hours.
- Disorderly Conduct—Samuel John
ston, committed for 10 days in default of
85 fine; Jackson Forker, 20 days; George
Mack. ,discharged; Henry Carter, pald
tine and costs, '58,2 0 5; Charles Nelson. 80
days; James Muney. 20 4 days; John Mo-
Nick's, 20 days;. Ed. Price, 10 days;
William Thompson, 10 days; Amelia Gil-
More, discharged.
Vagrancy—John Reismior, committed
for 10 days.
Allegheny City Property for Sale.
The attention of parties desiring Alle
gheny City proPerty, either to live in or
speculate on, is called to advertise
ment of Mr. Patterson in our "For Sale"
column of to•day's paper. The dwelling
house is a desirable property for a small
family, and the bordering lots comprise
some of the finest in 911 k growing sister
city. No opportunity is now offered by
which parties haiing money can secure
a better investment than these lots. lxots
in the same neighb?rhood are doubling
themselves every year. These building
sites are near to the Passenger Railway
and in the prettiest part of the city, com
manding a beautiful !flew of the Ohio
river. By calling on. Mr. Patterson, at
No. 86 Preble street, Allegheny, persons
wishing to buy will be shown the prein
lees.
Annual Contest.
The usual annual contest by the mem-
hereof the Senior Class at the Pittsburgh
Female College for the President's price
will take place Friday evening. , The
prize is for the best essa,y. The ettiays
on former occasions have always - been
interesting and the exercises of a highly
entertaining character, and have attract
ed large and appreciative audiences.
We have every reason to believe that the
coming contest will equal, if not excel,
any that Save 'preceded it. The names
of the judges will be announced here.
after. Tickets may be had at. the book
and music dotes.
. .
14%. 4.4 Shirting *fueling and Sheetings.
12%c. 4 43,0ng Cloth BleachedMnalins.
I
0234 c. Dark Domestic Glnghams. 1
.n%o. Linen Crashes and klucks. . ;
12 , 4 c. New style Dark Print.
25c. Grey Twilled Heavy Flannels.
Blankets at a great reduction.
1 Bed Spreads and Quilts cheap. .
and s
25c. 4-4 Twilled Feather Ticking.
Pink Prints, Blueints, Oil Chintz.
20c. Scotch Ginghs all styles. I '
New Dry Goods Low Prices, od
west corner liarke trees and Fourth
avenue, No. 69. " _
GARDNER.
smwfs. . ii.. R.
Linen Goods—Every make and discrip.
tion of Linen goods at Bates & Bell's.
Splendid Tee and fine music at the Ri
this afternoon and evening.
,
Bradley's latest styles of goop
at Bates & Bell's.
The sale of the large of trinamin,..:,
notions, embroideries and lace goods t
the store recently occupied by De .
& Heckert, No. 27 Fifth avenue„ • #d • •
which was purchased by Micrum
Carlisle at a great bargain, still. contin
ues to attract many purchasers. Ladies
will find everything they may desire
at
prices much lower than original' cost.
American Silks—Bates & 1361,1 have the
different makes. I
•
New Dry Goods. • ,
12.14 c. Prints, Tickings and Nibsline..
5-4 Pillow binslins and Lineni! s
10-4 'Linen and Cotton Sheetings.
Stripe Shirting Prints and Chintzes. • i
Linen Shirt Fronts and Irish Linens.
25c. Double:•Width Country Flannels.
New ;Goods and Low Prices, on west ! '
corner Market street and Fourth avenue,
No. 69. . i •
smwfs.
Bates 6; Bell. l s new stock is comp
in all departments.
If you want to laugh, go to the
this afternoon and evening.
Spring Shawls, Lace Mantles—The
choicest from latest Importation it Batea ,
& Bell's. I I
ilolll3e Famishing Goods New and Cheap.
Napkins, Doylies, owel
Pillow Sheet
lugs, Mnslins, and w Linens.
cheap. Bird Eye, Linen, Hacks and
Crashes, Honey Comb Quilts and Toilet
Quilts,cheap. ,
500. Good Black Alpaca Lusters.
432%c. Black Queen's Cloths, silk finish.
20c. Linen Shirt Fronts; others cheap.
75c. per dozen, Linen Doylies,
Special bargains in New Dry Goods, orb
west coiner Market street and Fourth
avenue, No. 69. • _
-
smwfs.
Black Thlbet Shawls, long and square,
at Bates t Bell's.
The place to get White Li me, Cal—
clued Plaster, Hythatilln Cement. is at
Esker Casket' 5,13 Stnithfteld street
Go and see the Keystone staking Club
skate this afternoon and everting. ,
i t i
The Purest and sweetest Co d ver
Oil in the world, manufactur ed from
fresh, healthy livers, upon the sea ore;
it is perfectly pure and sweet. ents
who have once taken it - can ;tak none
other. Ask forl “Hazard and ell's
Cod Liver Oil," manufactured by Cas
well, Hazard etiDo., New York
la
au
_by
all druggists. , ,
White Goods—Bates & Bell's.
Don't fall to attend the Rink this after
noon and evening. I
Ladle's Viatica made underclothing at
Bates 4r. Bell's.
Good. Houses on Federal Street,
gheny, at Auction.—Those two good two •
story, seven room brick dwelling hou— •
os 250 and 252 Federal street, Alle
gheny, are to be sold to-morrow at two
o'clock. Do not omit to attend this sale.
A. Leggate, Auctioneer. .
Chintzes and Piques—Bates At Bell's
for an extensive assortment.
Nattce.—A.ll the very latest weekly pa
pers, dime novels, and songsters, for sale
at Getty's, Alliquipa street, Braddocks.
Also, agent for the D3lly , and Weekly
GkzErrz.
Lace Curtains—Bates.& Bell have an
elegant stock.
UNDERTAIMRS.
LEX. AI KEN, 'UNDER
411TAKER, No. IBS FOURTH STNNET;
IWrga, Pa. COFFINS of all kinds,CILIONS,
GLOVES, and e , ery description of Fnaeral Far
nishing Goods tarnished. ROOM'S open day and
night. Hearne sad Carriages furnished. __
HTIERENCPS—Iien. Day It, !Jeri'. 1.). D., Naval.
W. Jacobus.. IL, Thomas ( Ewing , Mad" Jacolr
Km -
nyiABLEs PEEBLE43, IIN•
'kJ DERTAMERB AND LIVERY STABLE%
cornet • f dAN DUSKY 6TMEET AND CHURCH.
AVENTJe. Allegheny city. where their 001r7IN
ROOMS e constantly supplied mita real and
imitation Ito ewood, Mahogany and Walnut
Coffins, at prices c arying from it 4 to $l.OO. Bo •
dies prepared for iut..rment.l Hearses and Car
riages farnishedt also. -11 lauds of Mourning
Goods, if testdred. Office of en at all hours, day
and night. -
_
MN. . • i DIVEY.
UNDER- '::
TAK T ER T AND EMBALMYZI, 0. VI OHIO :._
i i i
T, Allegheny, seeps consta tly on hand !..
a large assortment of ready-made omits of the 7;
allowing kinds: First, the celebra ed American
Burial Cases, Metallic Self-se g Air-tight
Casts and Caskets, and Rosewood , Walnut and ';',
Rosearo. d Imitation Comas . NW innt Conine ,t •
from 1126 upwards. Rosewood Im tenon Callina ~, : 7
from ss upwards, and no pain a 11l be sisared ''.:
to give entire .satisfaction. Ora and Gloves ,:.
furnished free cf charge: Beet He reel and Car
[ stages furnished cn short notice. Carriages fur ,
-
i stilted to funerals at MI I .-.
...
W .14ESPENHEID & CO., :1 - 1
No. 50 EIXTiI STREWS, (late Bt.
Cl 4) have ) et received from the Bast the beet I
lot of New Goods for Spring Suits ever brought
to the market. The firm wszraut to cut said
and make Clothes cheaper and better than any
Scat• class house in this city. A net, and spies
did assortment of GENTLZBfEIpS YIIRNISB
-INill GOODS are at all times to be fouud.at this
bow. Oar Number is 50 =TS STBIEST.
ieb6 . •
ItEarlaY 00 HALE,,
MERCHANT
CQr. of Penn and St. Clair Streets, 't
Has now In stook *so of the largest =dazes ,
varit d wort:watt of
Peal and Winter Goods
a er i l l ;brossht to thus etertbriari
cum% =VMS LID,OVBROOATMGB.,
Also. t fall Untof Gent's Turnlshltir Goods.
111013: T. DALT % D Its 13s, 6IITTOns Ds Ds
rrHE UNDERSIGNED HAVE
4. ASSOCIATED themselves together for the
PRACTICE OF MEDIZENE.
Moe, No; 19 Ally
noir al3 WH H ITO N ANZI ,
TE ‘
ghouuty. R. O BUT DA I/LD
D..
E. R. GA.BDDiri
E. R. GARDNER.
1 ,