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Evening Herald, The (Newspaper) - February 19, 1884, Syracuse, New York EVE VO URTH EDITION HERAT OF PKISOJT CONTRACTS ATTORNEY GEJfERAL C'BRIZN'S OPWIQX OFZI1EUI VALIDITY. Aiiswcrlus tho thu Ijiw lias ISfvu ViuluttMl, but IH-cIiliuifTliiit tho .Stutc In Held fur as JUuvc the Statutes JJec-u Observed. SYRACUSE, K. YM TUESDAY EVENING, FEBRUARY 19, 1834. AIJIANY, Feb. O'Brieu to-day Ktibmiitcd to the Legisla- ture hisojuuiun on prisons, as per j-esolutiou of tho Assembly uf Feb- ruary 7th. After i-eviewiuij tho various laws relating to the matter mid their con- stitutionality, hocoucludea that ut the time tlic contracts mentioned in the resolution were entered into, the act of 187-1 was still in force, the Superintendent of Suite Pris- ons acting nud approving tho contracts therein provided for in the place of the lioard of Inspectors of Slnte lYisooj. "These contracts were not in compliance with (ho terms and reqiiiremeuts of the statutes, in the various set forth in the report of Charles F. Peck, Commis- siouer of the Bureau of. Labor Statiitiiw. It docs not follow, however, that because nil tho various statutory i-etjuitvuients con- tained in the act of lyT-l wero not observ- ed, these contracts are necessarily and un- der all circuiustimces absolutely void. There is no reason to believe ilmt ihe contracts by ivuson of the uon-ob- fervance of the statutory requirements be- fpreineiitioucd, uuylessiidvautageouatotlie iState than they would have been they complied strictly with the law. contract made with" the fCew York Cloth ins couipauy by l-'aiuli Fuller, agent :nu wiu-dcu of t'Jiuton prison, beanug date th 10th day of Jlay, 1SS8, couiplifci iu ever} respect with tlie requirements of the law of iy74. It was made after advpriisemen in uewsjiap-.M-s, as ri'quired by Ihe stntutc and after bids hud IHX-U mmfe nnd uxum iueil as retiiii-i-tl by law, and yet tho price obtained by the Sfcite for the'hibor ot tin, convicts is much lower iu this contract than in nsy of the others mentioned in thu resolution, where the provisions of tho statute wero not observML "It has been held by the Court of Ap peals that a contract executed by the ngotit of one of the State Prisons, extending over a period of six years, when the statute re- quired thai it should be for not to exceed live, was still n. valid and legal contract for the'period prescribed by the statute lloruer V. "U'ood, X. Y., 800. is not reosouaole to sunjioso that a party making a contract with the State could refuse to perrona his contract, or avoid iu any way its obligations, because he was not required by the agent inakine the contract to make a deposit with the Comptroller for the purpose of securing its performance, and which provision was in- tended for the protection and benefit of the State. Sofarasthocontriictor isconcerned he certainly ought not to be permitted to complain because such statutory require- ment was not observed. The same reason would seem to apply to n. contract where the contractor, iustend ot being bound by the agerit raakiug ths contract, to make payments strictly ou tlie first day 'of each month, was permitted bv its terms to uiako payments on tho lOtli. clauses giving the contractors the exclusive right to reuav.- were uo doubt iu- valid and not binding upon the State, but -no reason is apparent why the party enter- ing into the contract with the Stnto should be relieved from its performance as to the oUierlan-ful provisions contained therein. clauses in these contracts holding tbe Stat responsible for loss in case of fire and pro vidinp for tho erection of buildings in >-er tain cases.. "Year rcsjliitloa ilocj not call for an ex of opinion as to the effect of n fail ure by the prison authorities strictly to comply with all the statutory in making these contracts, or to the csten to which they are capable of beiug en forced by the State against the contractors. In order to determine that question i inidit be necessary to consider the facts and cireamauuices, outside of tho written contracts themselves. Should tliere be any occasion to ascertain the precise eTtent that these contracts are rendered in valid or incapable of enforcement bv reason of the omissions that I have, pointed but, these questions can be better' settled bv the ordi- nary judicial tribunals where alfparties in- terested can bs heard METTEIt Believing the Sulfurem by the Other JMJIVS. Nmv OIUXANS, Feb. Tho weak condition or several lovces causes much uneasiness among people op the river. Feb. Tin-re will be week iu the iron mills, ghisa faettu ies and river coal uiiues. CINCINNATI, Feb. river is still falling. Passenger trafllc was resumed ou nil the roads yesterday. Freight ia being received and forwarded to-dny. Aiier midnight hist night two four-story brick buildings fell from tho cll'ects of water at their foundations-. They wero un- occupied. TV. Vn., Feb. water left tho streets of Cntlettsbunrb Ky., on Sunday night. Forty-ftvu houses wero swept away and the low to the city is more than There ore 300 home- less to be fed. COLUMBUS, O., Feb. work of. forwarding supplies.to tho Hood KniFt-rers at this point is going oa rapidly. About 000 in cash subscriptions has beeu scut from this point LOUISVILLE, Feb. river is fall- ing ut the rate of au inch uu hour. Busi- ness n little more active. Aunor.A, Iiid.. Feb.. relief Pike, left tun days'rations for 500 people at Coal City. North Beud and a place opposite Big Miami. At Law- rencoburgh rations were issued to PllOGRESS OF ELECTION VERY LARGE VOTE CAST EVERY DISTRICT. i ou.uuu rations were ISKUOU to ixside thirty mattresses, 000 comforters aud a lai-getiuuntity of women's clothing, By tho water will be oft tho greater poit of the town. Re- lief is coming liberally. The damage here cannot be less than At Aurora rations were issued IXir eiwht days to 1.000 jutipic, U's-ide a lot ot shoes and other clothing. Feb. central and lower aud lower Ohio neoi Cairo will continue risine. LITTLE ROCK, Ark., Feb. river fell twelve inches here yester- day. The levee on tho south bank of the river at Vonicr, twenty miles from here, broke Suaday. Tho- track of the Little Kock Mississippi River railroad was washed out. PADUOAII, Kj-., Feb. business bouses besides several hundred dwellings are submerged here, but the wa- ter has now reached its highest point. A colored man named Bland with his wife and four eliiidren were capsized in a canoe ou Indian creek. Island and one child were drowned. Strength of JU-iiubliciiiitf, Democrats and llerorm- AU .StruEgliui; for Their favorites. "This is just the right sort of weather to call out a full, straight Republican remarked Oscar F. Soulu this morning as uu gazed approvingly on tho blue sky and walked into a mud puddle at the "same time. "This mild and temperate atmos- observed Alderman Thomas Mc- Manus, "is grateful to every true Demo- crat, and is likely to call out a full vote and elect Mayor Ryan by a dizzy major- e are not old swid Gard- uei- B. 'Weeks, president of the Municipal Reform club, "to know what bort of weather is calculated to stimulate a reform vote but up to tho present time we hove not found it a very cold day, and don't ttiink that we shall get left verv exii-n siyely." J The seventeen polling wbich elude two and two barber shops opened promptly at eight o'clock according to the several ward time and the three candidate have been driving i the muddy streets. his fast i-1.....-'--- He wore a ery 1 he Mayor look-id very comfortable gave no outward BAKXU.U'S 1VH1TE Tl.e New York "Sim's" Enterprise Ke- JrJilts JJke a NEW YORK Feb. lO.-Two articles ap- peared in yesterday's Situ, one favoring the sacred pretensions of the white elephant. the other decrying them. Mr. Barimm telegraphs from London to the Sim this moraing ofTcn'n- the author of the latter for n white elephant like lus qwii. nnd saving that his nttoniev ca-i been nistnicted tosrie for libel if be call learn the writer's name. ifr. Frjjik Vincent, jr., the celnbrMfrt author of the also to tho SUM. saying that Uie favorable ai'ticle referred to is ixt book and reiler- ntinghis knowlwlgt that sacred clc- esiit and are very rare. A.-VD BLACK. A Virciaia Statcsmnn's Propo-Hion to c- D, Vn, Feb. I9.-3lr. Kainer, of the State Democratic com- mutcc, aud a Stato Senator, submitted a ra. her startling proposition U> the S-aato yesterday. The resolution recites a grron- MARKETS BY TELEGRAPH. The Latent Quotations to the Ivieiiilisr Herald. VVAl.T. M The market Ihis forenoon opened :md uei! Mrly stronu on tlie majorll j-.if the lljt, Union Parlllc stock continuing to ho ubovo yesterUny'a closlni: prices. The I'ullraan tlic West Shore bontla arc weak and lower. Money Is eaaj. DurlnL- the afternoon the majority of the fav- orite stocks, were eapeciallr nctlre ncludlni; Lncltmranun, Union 1'ucllic. Su Paul and New York Central utocks, wijich were frotn to one and i qnartef hishcr than the days openinp Isurcs. 1'ullman Palaeo Car company iloct opened at 100. declined to 105. anally clos- .WcstShorebonilsfrnm 02ii la Ibe inorainetoucJlcd 33K. closlnc at Western .rnion opened at TOJf, advanced late Jn tlie dar o 77. closing at bid. Delaware Uudhoo canal stock declared a dividend of a share o-dar, aud the stock aUvauccd from 113 to 1I3U n consequence. Western Union.... Adams Ex..........130 Do pref...........1-16J4 American Er....... N Y Ontario.......! 7H< USUte-iJEi........18 I'ucille Mull...... <7 WFiCoBi.......110 rfiv N'T ct Jersey Central..... wjfjstPsi Illinois Central-----1B2J.! Do Ohio Central....... 88 I IJo prcf....... 2l5thv.tauh i St insj Uopror............ WHlCBAQulncr.......120J( sajijnochiruta. isu I3J-; 2 Hackmeu t-fniwiiiui'js for the Mayoraltv Imve been driviug rapidly all daytlirough "'......'Wr streels. Mayor Kyan drove stcpinng trotter to a top bugiry P and a Derby hat. The Mayor loo and contented and sisris that n r-hnrt progress. Willis U. iiui-us wore a cap and a long coat. Ho had driven his inore so fast that bv noon the ejuidi the polling place iu tlie First district of UK Fnvt ward. An uuiisuallv large vote 3irj had been polled at 11 A. if It was tmiatwlattuatliour that Peck was fur ahead of Bums. At the Second district polling jrface in that ward, Soule's barbei Democracy and TUE MOTS. TCBS of tho luvotlctttlou of tlie Uanvlllu and Copluh IMiturhaucetl. Feb. P. Graves, a commisrion merch'int cf Dan- Tille, was the first witness called to-day ia was anacd with a pistol. He tired four of tho six cartridges. Two them he flred into a crowd, ono tho street at a crowd of colored men, and the fourth he tired in tho direction of a colored man he saw in the street. "Why did you fire at nnT uin.il ilr. Lapham. 'jBeeauso I was being "Uo you know whether you liit anvone with your bullcUP do not." "Do you mean to say you firc-d without to bitauyonef Lap- hem. ''I will not say that, bni I saw no one fall from my bullets." JlJVjiy did you purchase a rtvolvcrr1 i thought there would bo a collision tween and thought every white man Prepared to defend" his family The witness related several instagcf- where ho hud collided with U-OTO woro'-n on the sidewalks. "sw OULEAKK, Feb. Senate ia- jgatmg coinmittee vest'-rd.iv heard lurther testimony regardiu-' ths Copiah election disturbances. J. tf. iionderand son of a rebel soldier, but now a Kepubli' cau, tetiflhd that before the election he beard Representative "Bart-date a crowd to carry the what .M? of Mat- PtUGG STILL AT LARGE YOltK AX ILL SIGHT SESSION WAUtj pui LiLi" ,------JDa rather quietfcene. AgrJatinanv cauic to this pull with their ballots ar- ranged. The white beard of Amos L -Mason and tho gold earrings of ex-Jlayor Deraong were seen all day amou" "TOUDS of men in front of Mr. Zimiuerman'sTiouw' in the First district of tlie Second ward.' before noon vote had been cast -Mr. Mason would concede but about 100 votes for Peck in this district, while il- It Uievvs's dci.th spread armed nten said, anotlier our mc-iv' tte biiry the ISLAND CITY 0VZJJ .HiS'ESCAI'IC. "k to prevent the saift 'if ei- i wjit and f j the sale 1 A resolution din-cticg '-.ho I to irifpiirt'fully rollcpmeu and tltizo -Mimic be llialit" in the EviUeutlr Can-fa Srourlnj; the to lias the ezeiu-ravnt in Oa uxrtfon of Hon. by charge aj'J'ly any jAiitJitil in l-ih'n CUR HATIO1JAL RZPRZSStrTAIl'SZS SIT UP TILL MORNING. The Oppose a Motion to Coanlder tlie JU-.ticanaiiil imljmi minion Hi-mm-raH rmd 7 .-.ri.'Jj i )Ufn, Itoutelle and Can-oil, have i r'f Al-'any.' liti-al to the at L> tne surrouo'liDS nei-hWawj all but succt-ss. TJnrlei -Shs-riff War-i "v any ikatid of in vao-jn, P, i and on LorKbavk, are wVtrin- aiftte "K'ASirLVCTOS, Fob. -jAr.t an all night tet-i-ou over the laotiou Cunnis- Hewitt of Alabama, making tin -M'.-sJusn peasiQn bill a special of for Fcbraary Sl.rt. The rf-ntatives rf.-fas-jd to vote, anil l-.-f-'the without a qtiorr.m. Abftut thi; Bnimui of PcDuylva-jia with others. Tii-re ivus itic Kifio to punfch him, ilr. i.i till.- I .-11. JilC'XJ fected fhowa that Itaaij Jiad rare-1 K'as ih.j ori-.'i fully it ana a i opijormnity to carry out his The i liijl. y.'hifn ft.u w...- 'e i fc'h'rrifrr: raits he had to place the txw-r to ewurol oufiafts? in the Iiaads of the majcri- they ku-iw-thsautlvei Ut- F.-b. 10.-The bill iuiix'ir- of and 3ir. R-r-njan, I oclock voters had sauelied of the mums. lc was an unustallj- lan'e vote ictory is destined to perch UDOD our remarked Anthony S Vv'ebb jauaug for a moment in dealing out Burns .ickets to the clamorous croivd of the gathercfl at the Salt othec. Burns will have 500 majoritv t can't be helped aud I stop it Al- denuau Frank Matty said that "no mte'.ii- Jij-an would Clapp n-as an active worker at the 1'Mrd district of the Fifth ward and Francis Hendricks. Ic is thoucht that Mr. Burn? was cut very The day was a quiet ono in the Fourth In the First district 500 votes liad been, cast a little after 2 o'clock, 51'J in Sicond and 4S2 in tho Thini man iu the Second district said the vote was unu-ually !arse and he thought that Feck had been dointj well nnd that Evan had been cut. At, the Second district it wag thought that Ryan was a longdistance to the fore and Peck a lorur ways ast-a-u. In the Fifth ward at S P. il. it re- ported that in the First district 334 votes "T look- were polled. Ryan, it-waa estimated had I occaslou to have a at the Civil Ser- ......ras about an even vlce Commission. He characterized it as the veriest humbug of modern politics The sentiment was applauded bv the Demo- The Republicans sat niute TV bill passed, aftor ths salary of Clc-rfc Healv ot the Bureau of Labor Statfcr.--? had been in- creased from to >0. The ment provoked a iawiiichilr. House of 3Tew Torfc intirantr-d that ilr Littlejoim had not coirectlv iiated to the House. _____ M woods and remained PEAK AT OGDESSBUKGH. Danger Tlireatened Uy Hcavv an-1 Water. OGDESSBCTIGH, Feb. rains iave fallen here for tie last two da ears are felt for the safety of the inn harbor from the sudden bix-ikins up of ie aenied ov tr.e qoTC-rnment io-dav on Ihe country is ia a from the settling of snow, and impassable pitch holes stop travelling witi loaded te.-uus. i ice in The St Lawreiye is
take iiiace a' luini on Tue.-s.'r.r. 1SS4, f.ir dollars a siJe, at the of Huslo fr p Lvr.-jN. A Lover of Pickled Tripo. Richard iloorc, for stealing a keg picklvd tripe from John H. Golden, was sentenced to fifteen days in, the tiary to-.Uay. Canilidates in Otisco. The Republicans in Otisco 2-0 us in most apprcsave aiferiions aTioiTs in Otisco are voting which options we back m with I -positive evidence of eiuini-at i canaidate is Solo- bnsiccss BK1KI' LOCAL SIESTIOX la. OL witii haviiij sold liquor in that town. wh..-r._- Ik-euse is granted, has beeu acqiiitted! Acqnittcd of Illegal Sale. __ C'harios VT. Pearsnll. keeper of theTa- i fovn-! ;n fayetto House, at Lafavcttc.'charcerl with i i idies' fine shoes ai V. JRnr.ser, fine raWnet portraits in water-colors at Ean- Sl'OUTJNG Jatnrs Devine of thij; city to are.-pt jlfodL-r to pitch fjrtheOuhicv i g-cr John WehiRcimer wil! heresfter be with Cull and see the t-irentj-five cent dress t Gto. C. VOUDZS Steamor Trial SEN-ECA FALLS, Feb. will bo p-3norrotr at 2 T. X at cub- ic trial of a new stylo third-size Slfcby steam fjre engine recently sold to that city. SPARKS FROM "OCR-OtTX tvTRE. Republican Stuocomralitec will meet n New YorS city Jfarch 4th. in thfl ;t ucun CTfTnffilttClI 5UH ombs. New York, this uiornlnir. Jfrs. Jfary Miller of JTcw Oilcan? has re- her Ueense'as n stcnmlxwt mptRin. John of North Adains, Mnsi, n loon keeper, drowned himself intho Hoos- c river last evening, whi.'e suffertatr from cart disease, At.i mcetlnR- of the Amoricfln Ship ng- company of Xcw York yotcrday it. WHS rrtfn to decrease the ftnc1: frvitn to Llcnh r Gorrhifre is prcsiJcnt, Jamrejr. Fetlitt ha? been enured tiy Mr., The Rev. T. F. Dark will lectarcTaf tak- Ol llfc Memorial church on Thursday cven- F. A. Morehonss, George Palmer. Gc-o-ire LuthcamMV.B. Fuller wiii af.en.1 ttu shoot at Cananota to-morrow. PulllTan's appeared at Col., last evomiiK-. It was announced that Sullivan would not spar, having been inra- pacltatod by a sprain from jumping. It is rerwrted that '-Plunger" Walton tm to Eng-lanrt in April, takinsr with htm the well-known jockey, William Dono- mie, his flyers in some of the big E. H. JIann, Edward Hudson and G Courtney are out with a to shoot 100 clay pigeons, flfty single and iwentv-fivo double rises, with any team of three In the fatateforawaseroffromSlOOtoSl.OOO. Duncan a Kos writes from Clevelnnd th.it if neither Pendcrrast, Stort-Jnrd, Dalv.JIe- CaHrj', Ooode accepts hischal- Kjtscto 50 to psTtlana and mtel Mtrviu Thompjon with the cloves, he will mater, Ihompson to spar Suflivnn with hard to a finish for from to Srip 1-In? rules to govern. At Cleveland last night an stove fight was fought between Thompson of Cleveland and Jonn Welch of waslttdlr Punlshert, bcirr knocked down -nine titties, and in thelMt round being sent clean over the Thompson, wlio. was..dcclawl the winncK BaMwin. Farrar 4t Kennedy have
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