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Baltimore Daily Record Newspaper Archives Jan 13 1891, Page 3

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Baltimore Daily Record (Newspaper) - January 13, 1891, Baltimore, Maryland The daily record tuesday january la 1891 43law studies. By Gustave rav ene. Ii. In the first stages of the existence of the human race Man lived in hordes differing but Little if at All from the communities formed by animals in these hordes the social institutions of marriage and family As we understand them had no existence. The members of the horde were blood relations and tile Union of the sexes were a a communal that is the sexual Intercourse was to a great Exten t promiscuous regulated merely by Mutual desire and the right of the stronger. Yet an a a absolute promiscuity As assumed by Morgan m Lennan and Bac Hofen probably never existed. There must have been other social forces besides the Mere right of the stronger. A society so organized could not possibly exist it a would have broken up in a week while in tact Savage societies last for observations of Savage societies and of the life of the Superior animals Lead to the conclusion that promiscuity was checked by various conditions especially the Strong feeling of jealousy on the part of the male and it is extremely improbable that Man in his first attempt at organization of society should have fallen level of sexual Intercourse existing in the lower animal world. At the present time we know of no race so Low in the scale of culture As to occupy the level of the most a primitive Man a the a i a Mensch of the German anthropologist. Among the lowest types of Man now found there exists an unwritten social code a system of rules governing the Union of the sexes. No existing Type of Man however primitive lives under the system of a a promiscuous marriage and the statements of Herodotus Dion Cassius Strabo Linius and Xenophon that in their Days a a absolute promiscuous sexual Intercourse prevailed among various nations have to be taken cum Grana halts. It appears however from various customs that among several White races a system of communal marriage formerly obtained. The annual prostitution of babylonian women in the Temple of the goddess Mylitta a similar custom among the girls of Cyprus and Allied usages existing in the Balearic islands in ancient cartilage and Greece and modern India Are instances. The maternal instinct which secures the Protection of the offspring eventually led to that Type of the family called the Matri Arcate in which descent was traced through Hie Mother. No Polit tical supremacy of woman is to be implied i rom this organization. Considering the position of woman among Savages it is extremely unlikely that she Ever asserted any Powers Over her lord and master. Ilia Meyer May have been the political position of woman the custom of feminine filiation is an established fact. It a is to Day a custom largely prevailing among various races and we Are informed by Herodotus that it was the family organization of the lycian. According to a passage from Varro quoted by St. Augustine it was the custom in ancient Athens for children to take their name from their Mother. Recent researches by Darguin show that the Matri Arcate was the basis of the aryan family. The constant warfare Between the different hordes or tribes must have led to the capture of women from the neighbouring tribes. The necessities of life the difficulty of support also gave Rise to a practice very common among Savages of killing infants especially girls and the consequent Scarcity of women contributed in a great measure to the custom of it wife capture. On this practice the institution of a marrying out of the tribe or sex Ngamy is founded. Sex Ngamy is very common at the present time being found in Many parts of the Globe Anil the Many quaint customs still observed among civilized races Lead to the conclusion that at some period in their history they practice wife capture. The Laws of Menue mention wife capture the rape of the Sabines is an example and the germans stole women. Olaus Magness informs us that they waged stars for the capture of women a a proper Rapatas Virgule &c.�?�. In the course of time the forcible capture became a feigned rape and in place of the wars Widen generally ensued to avenge the insult compensation in property or wife buying became the Rule. Such is the common practice among the majority of Savage and barbarian tribes and its survival is seen together with Many other customs originating Iii wife capture in Many of our present Laws and institutions one of which the action for seduction by the Parent a pet quod ser Vittum Ami sit a is an instance familiar to tile practising lawyer. All these forms of marriage permitted a plurality of wives Anil the organization called the patriarchate placed no obstacles in the Way of polygamous marriages. Monogamy is a later stage in the history of the family. It is the result of necessity and a Conception of a settled family. As the numbers of men and women in the Community approached Equality the Possession of several wives was Only within the reach of the Rich and powerful. The consequences of wife capture Aud wife Purchase were tile supremacy of Man and the slavery of woman. The effect of monogamy w As to elevate the social level of the wife. She acquired individual and proprietary rights Ana the roman Law accorded to married women privileges of which later Legal systems have deprived her and which she has never regained. The religious condition of the age also tended greatly to the organization of a settled family but the Christian religion while it elevated the ethical aspect of marriage reduced woman to a condition of servitude from which the higher civilization of a modern age has but partially succeeded in rescuing her. In contemplation of Law marriage is a civil contract and viewed from the contractual standpoint no formalities of any kind Are necessary to constitute a binding contract of marriage but Man looking upon marriage from a religious Point of View and influenced by tradition and custom has followed a diversity of usages and ceremonies in the Celebration of marriage. Many of these ceremonies have their origin in the ancient forms of marriage by Purchase and capture. At the time of the a Sachsen Spiegell the Maxim a consensus Facit nuptial so was generally recognized and followed but local custom prescribed various forms of Celebration. The Sachse Spiegel does not mention any particular ceremony merely states that by cohabitation the wife acquires her rights. A she is his companion and Steps into his rights when she enters his among the Many ceremonies in use among the germans were the gift of a ring for years the recognized Mode of betrothal the belting mentioned by Tacitus and the Anglo Saxon custom of tying the hands of the parties with cords or ribbons a proceeding known As a a Maeilene it w As also customary to place a shoe on the bridal bed Aud for the Bride to step into the Groom s shoes a usage on w hich the throwing of ail old shoe after a newly married couple is founded. The custom of buying wives in its various forms prevailed in the older period of the German Law. The Price was generally equal to the were Geld of of the woman Abe amount paid being among the Anglo saxons go shillings the Alamanno paid 40 shillings the Salic Franks placed the amount at 62 shillings the riparian a at 50 shillings and the saxons assessed the value of a wife at 300 shillings. The name Given to the Purchase Money was a Arr has or a pre tim a the Anglo saxons calling it a wite me a a scat a a Meta a a mess to a the Sachse Spiegel has no reference to the old form of buying wives. The buying has give w a to the settlement on tie wife herself of personal property Fahrend Habe. Such a settlement was known As the Morge Ngahe Morgen Gifu taking its name from the circumstance of the donation being made on the first morning after the consummation of the marriage. Tile combination or the Morge Ngahe with the wite me we Tum Abrought about by clerical influence introduced the Dos and Ostium ecclesia. The provision known As Dos or wite me was recognized by the Sachse Spiegel under the name Lei Zucht Lei bueding. The settlement wa9 made at the time of marriage Aud if the wife had no guardian the court would appoint one to act for her and hold the property in guardianship. The wife a interest in her husband s property was generally held to be liable for his debts and her separate property could be made subject to such liens provided the wife consented. The influence of the roman Law is traceable in at least one passage of the Sachse Spiegel referring to gifts Between husband Aud wife. While such gifts were valid in More ancient Imes they were declared void by the Sachse Spiegel and the same Rule borrowed from the roman Law is found in the English Law. Bracton states that such gifts were void citing three cases in support of his statement in writer of Pieta says that they were illegal Aud it was not until the year 1712 that the court of chancery in the Case of Mitchell is Mit Civell held gifts Between husband and wife without the intervention of a trustee to be Good in equity. In the Case of Breton is. Woolsen decided in 1881hall y. C. Commenting on the old Law said a it is a monstrous state of the Law which prevents effect being Given to such a new publications. Tile american state reports containing the cases of general value Aud authority subsequent to those contained Iii the a american decisions and the a american reports a decided in the courts of last resort of the several states. Selected reported and annotated by a. C. Freeman and the associate editor of the a american decisions a vol. 15, Bancroft Whitney company publishers san Francisco 1890. This volume is fully up to the Standard of the preceding numbers. The following reports have been used in making the selection of cases Viz California Illinois Massachusetts Michigan new York Ohio Pennsylvania Texas and Vermont a reports. The rapidity with which this series of reports have been prepared and placed before the Public is truly marvelous when the accuracy and thoroughness of the work is of appeals of Maryland. Docket of Ca Sefc january term 1891. No. G. The state of Maryland is Samuel s. Tracey writ of error to the circuit court for Anne Arundel county. Attorney general Whyte James m. Munroe Quot for Appellant James revel John Ireland for Appellee. No. 7. The Board of county school commissioners of Anne Arundel county is. Harry p. Gantt treasurer and the Board or county commissioners of Anne Arundel county Appeal from the circuit court for Anne Arundel county Edward c. Gautt. For Appellant Robert Moss for Appellee. No. 8. The Baltimore and drum Point Railroad company is. Nathan Pumphrey it a1. Appeal from the circuit court for Anne Arundel . John p. Poe for Appellant John f. Williams Isidor Rayner Frank h. Stockett. For Appellee. No. 9. We. E. Mclane is. Evan n. Hobbs officer of registration of election District no. 2, and w. Irving Parsons clerk of the circuit court for Frederick county Appeal from the circuit court for Frederick county. F. C. Norwood for Appellant de s. Eichelberger and win. I. Maulsby jr., for Appellee. No. To. Bosey Fleet is. The state of Maryland writ of error to the circuit court for Prince Georges county. George c. Merrick for Appellant attorney general Whyte and E. Brandt for Appellee. No. La. Robert v. Duckett is. Jeremiah Duckett Appeal from the circuit court for Prince Georges county equity. Urie Townsend and George Gaither jr., for Appellant c. C. Magruder and Joseph s. Wilson for Appellee. No. 12. Lengli is. Julian e. Norris officer of registration of the first election District Aud j. Samuel Turner clerk of the circuit court for Charles county Appeal from the circuit court for Charles county. Frederick Stone for Appellant l. A. Wilmer Ii. Edelen. J. Ii. Mitchell f. M. Cox for Appellee. No. 13. Charles c. Lancaster is. John t. Herbert registration officer of the fifth election District of Charles county and j. Samuel Turner Sleik of the circuit court for Charles county Appeal from the circuit court tor Charles county. Charles c. Lancaster for Appellant l. A. Wilmer for Appellee. No. 14. J. F. Ricer officer of registration of the ninth election District and j. Samuel Turner clerk of the circuit court for Charles county is. John b. Thomas Appeal from the circuit court for Charles county. L. A. Wilmer f. M. Cox In Edelin j. Ii. Mitchell John p. Poe for appellants a Posey for Appellee. No. 15. David m. Newbold is. The Canton company of Baltimore Appeal from the circuit court of Baltimore City. John j. Dobler for Appellant Brown a Brune for Appellee. No. In. M. Star Weil trustee is. Martin Lehmayer trustee it Al. Appeal from tile circuit court of Baltimore City. Bernard Carter Aud m. Star Weil for Appellant Martin Lehmayer for Appellee. No. 17. Calvin Long is. The state of Maryland anneal from the criminal court of Baltimore. Benjamin Kurtz for Appellant Whyte and Charles g. Kerr for Appellee. No. Is. William w. Uncles is. The slate of Maryland Appeal from the criminal court of Baltimore. John j. Fenton and Thomas c. Ruddell for Appellant attorney general Whyte and Charles g. Kerr for Appellee. No. 19. The state of Maryland is. Casper Falkenham writ of error to the criminal court of Baltimore. Attorney general Whyte and Charles g. Kerr for Appellant Louis Hoch Heiner for Appellee. No. 20. Solomon Frank is. Isaac Benesch Appeal from the Baltimore City court. Daniel Greenbaum for Appellant w. Burns trundle for Appellee. No. 21. Henry White and Julian Leroy White landlords Aud claimants of rent from Solomon Brown is. Fritz i Boenninghaus and Henry w. Curtiss co partners trading As Hoeninghaus amp Curtiss Appeal from the Baltimore City court. George Gaither jr., for appellants w. Pinkney Whyte and w. N. Smith for Appellee. No. 22. The Fidelity Mutual life association of Philadelphia pa., is. Richard l. Ficklin it a1., by their next Friend George Savage Appeal from the Superior court of Baltimore City. W. A. Hammond for Appellant George Savage and Arch. Ii Taylor for Appellee. No. 23. Heinekamp amp son is. Samuel p. Beaty Aud Margaret Beaty his wife Appeal from the court of common pleas. J. Alexander Preston and Alexander Preston for appellants j. V. L. Findlay and j. V. L. Graham for Appellee. No. 24. Edward a Roberts is. The Loyola perpetual building association of Baltimore City Appeal from the circuit court of Baltimore City. S. S. Field for Appellant it. Bernard amp son for Appellee. No. 25. John j. Milligan is. Richard h. Pleasants trustee two appeals in one record from the circuit court of Baltimore City. J. In Johnson for Appellant Conway Vav. Sams for Appellee. No. 2g. Sophia c. Milligan is. Richard la. Pleasants trustee two appeals in one record from the circuit court of Baltimore City. It. Ii. Pleasants jr., for Appellant Conway Vav. Sams for Appellee. No. 27. William j. Mcgraw James Mccolgan and Sydney Hall v9. Susan l. Canton it Al Appeal from the circuit court of Baltimore City. James Mccolgan and Ruddell amp Hall for appellants j. J. Gallagher and John b. Mcgraw for Appellee. No. 28. The Central railway company is. Elizabeth Smith Appeal from tile Superior court of Baltimore City. T. We Blakistone and George Blakistone for Appellant c. W. Johnson and George m. Lane for Appellee. No 29. Listers agricultural chemical works is. Charles it. Pender Appeal from the Superior Couit of Baltimore City. C. R. Goodwin and S. Culbreth for Appellant John t. Mason r., for Appellee. No. 30. Elbert Thomson is. William j. Gortner two appeals in one record from the Superior court of Baltimore City. Edgar ii. Gans and b. Howard Hainan for Appellant Thomas m. Hanahan and Frank Gosnell for Appellee. No. 31. Elbert Thomson is William j. Gortner two appeals in one record from Hie Superior court of Baltimore City. Edgar in Gans Ami b. Howard Hainan for Appellant Thomas m. Hanahan and Frank Gosnell for Appellee. No. 32. John c. Wilson George Wilson and Elizabeth Sefus is. Mary la. Mitchell executrix a Appeal from the Baltimore City court. Fisher Bruce a Fisher tot appellants m. W. Audoun Henry Stockbridge for Appellee. No. 33. State of Maryland use of Mary Basile widow and others is. James Boyce Appeal from the Baltimore City court. J. Alex. Preston la. Wells Rusk for appellants Fisher Bruce a Fisher for Appellee. No. 34. Richard i. Fisher Richard Morton Jacob 1. Cohen Thomas p. Bandon and Thomas k. Worthington is. Hiram g. Dudley Joseph b. Stafford and John c. Holland supervisors of election Appeal from the Baltimore City court. Joseph Packard jr., c. J. Bonaparte John c. Rose for appellants we. S. Bryan or. Peter j. Campbell for Appellee. No. 35. Thomas j. Bennett is. Win. A. Brice Appeal from the Baltimore City court. France a France for Appellant j. Vav. A la Bryant for Appellee. No. 3g. Tile Chesapeake and Potomac Telephone company of Baltimore City is. Lucy t. Mackenzie by her next Friend George n. Mackenzie Appeal from the court of common pleas. C. J. M. Gwinn for Appellant j. V. L. Findlay Thomas Mackenzie for Appellee. No. 37. The american towing company of Baltimore City is. The German fire insurance company of Baltimore Appeal from the Superior court of Baltimore City. Beverly Vav. Mister for Appellant w. Pinkney Whyte for Appellee. Old Sherwood Rye malt whiskey our bottled goods possess every requisite of a medicinal stimulant dung old. Well matured and always uniform. W Loht amp Leutz Cockeysville my for Sale by Hopper Megaw amp co., 220, 222 North Charles Street. W. T. Cowman amp co. Us West North Avenue. W. M. Manadier 404 North Calvert Street. Philip Knatz. 1418 West Baltimore Street. F. L. Lawrence at sons. Green and Lexington streets. F. L. Lawrence. North Avenue and Charles of Connell amp Batman Baltimore and St. Paul. J. H. Held Waverly Annex. Adam Deitrich. Carroll. Annex. Camden station he x o. H. A hatters. Cards. Maury amp Donnelly a general insurance Agency. Holliday second Sis. Telephone 23< s. W. T. Hopper a sons in s. Holliday St agents , amp Globe a a of eng. Germania fire insurance company of new York Raine building 407 e. Baltimore Street. E. B. Duval a co., general agents and brokers. 30 South Holliday Street. Property sales. Cheriff a Sale. Under and by virtue of a writ of Fieri facial issued out of the Baltimore City court at the suit of Charles Shipley is. J. In Coburn. I have seized Sud taken in execution All the right title interest and estate of the said John Coburn in and to All those two lots of ground situate in the City of Baltimore and described As follows Viz beginning for the first parcel at a Point where a line drawn due West one Hundred and twelve feet from the West Side of Decker Street now called Maryland Avenue would intersect the northerly Side of it. Royal Avenue As now condemned or opened and running thence northerly parallel with Maryland Avenue sixty six fret ten and one half inches More or less. To the northernmost outline of John Small. ground there situate thence Westerly bounding on said outline seventeen feet thence southerly parallel with Maryland Avenue sixty one feet five Aud one Quarter inches More or less to the northerly outline of it. Koval Avenue As opened thence Easterly bounding thereon seventeen feet ten inches More or less to tile place of beginning. Beginning for the second parcel at a Point where a line drawn due West one Hundred and Twenty nine feet from the West Side of Decker Street now called Maryland Avenue would intersect the northerly Side of mount Royal Avenue As condemned or opened and running thence northerly parallel with said Maryland a venue sixty one feet five and one Quarter inches More or less to the northernmost outline of John Small. Jris. Ground there situate thence Westerly bounding on said outline seventeen feet thence southerly parallel with Maryland Avenue fifty four feet and six inches More or less to the northerly Side of mount Royal Avenue As opened thence Easterly t Khz inline thereon eighteen feet and tour inches More or less to the place of beginning. And i hereby give notice that i will at the court House door in the City of Baltimore on tuesday. 27th Day of january. 1891. At 12 of clock. M. All the interest of said John Coburn in the above described property seized As aforesaid. Terms Cash. George Mccaffray. Sheriff m a eth k w is Kirk la n a jabjl8.10.12,15,17.19.32.24.27-1it. Ain t Meers. J. J. Wade solicitor. Is East Lexington St. Trustees Sale of fee simple property situated to Baltimore City. No. 884 Clifford Street and no. 1013 Jenkins Alley. Sold at the risk of former purchaser. In pursuance of an order of Tho circuit court no. 3 of Baltimore City the undersigned. Trustee will sell by Public auction. On the premises on sat Rda 34th Day of january. 1891. The following de-scr1 bed property at j of clock . All that lot of g round an d improved ends situated on the North Side of Clifford Street fronting thereon to feet 4 inches with ail even depth of 50 feet to a 4-foot Alley known As no. 884 Clifford Street. At 4 Ltd a clock p. M a la the a t lot of or Hon d a Nhim prove ments situated on the Northeast Side of Jenkins Alley and fronting thereon to feet with an even depth of about 50 feet to a 5-foot Alley and known a no. 1013 Jenkins Alley. These lots Are in fee simple and Are each improved by a two Story Brick dwelling with the use in common of the alleys Iii rear being the same lots of ground which Are fourthly and fifthly described in a mortgage dated 8th of january 1888, and recorded among Hie land records of Baltimore City in Liber j. B. No. H 8i. Folio 4�7. In. Terms of j8ale one third Cash. Balance in equal instalments in six and twelve months with interest and satisfactory Security or All Cash. At purchasers option a Deposit of $50 will be required i rom the purchaser of each of said lots at the time of Sale. J. J. Wade. Trustee. Vav m. 8eem u l i e r amp co. D39-j 1,3.5,8.10,13.15,17.19.33.34 a auctioneers. Special notice. Bank directory. National Marine Nank Northeast Corner Gay and second streets. John m. Littig. President James v. Wagner cashier. Board meets tuesdays and fridays. Discounts granted daily. Citizens National Bank. Northeast Corner Pratt and Hanover streets. Henry James. President. We. H. Of Connell cashier. Discount Days wednesdays mid saturdays German american Bank. 534 South Broadway. Nicholas m. Smith. President. A. Y. Dolfi eld. Cashier. Discount Days tuesdays and thursdays. Western National. Bank. 14 North Fiutak Street. J. G. Harvey president. W h. Norris cashier. Discount Days mondays Ami Franklin Bank. 15 South St. Chas. J. Raker president. George l. Herbert cashier. Board Days mondays and thursdays. Bank elections. Itt est Ehn National Bank. Vav Baltimore december 13,1890. Stockholders Are hereby notified that an election Bor twelve directors will be held at the banking House on tuesday january 13, 1891, Between the hours of 13 and i o clock. Vav. H. Norris dl5,17,20,24.27.31.j3,7.lu.13 cashier. Public meeting taxpayers association of Baltimore City Hall real estate Exchange. 122 e. Fayette Street. Georg la. Rohe m. D. The health commissioner of Baltimore City will deliver an address before the association on tuesday evening january l l. 1891, at eight o clock. A subject what shall we do with the sewage every person is interested in ibis All important subject. The Public is cordially Quot invited to attend this meeting d29-2t by order g leg. I. Renner Levi z. Con Don Secretary. President. Proposals. N Maryland. Baltimore Dee. La 1890. The annual election for directors of this Bank will be held at the banking House tuesday. January 13th, 1891. Between the hours of 12 and i of clock. Vav. H. Wells dl3s,Law,4w cashier. A National Marine Bank. I Baltimore. December 12, 189u. The annual election for nine directors of this Bank will be held at the banking House on tuesday. January is 1891, Between the hours of 12 of clock noon and i o clock p. M. James v. Wagner d 15.ltt.23.30 9u3 cashier. He raders National Bank. Al Baltimore. Dec 15. 1890. The annual election for directors will be held at the Bauk tuesday unwary 13,1891, from 12 to i of clock c. Cannon d 16.23,30. Jet 13. Cashier. Street applications. No Otice is h Kehy Given that application will be made to the mayor and City Council of Baltimore to condemn and open Luzerne Street from Hudson Street to Boston Street said opening to be made by continuing the present Boundary Linee of Luzern e Street North of Hudson Street in a straight direction to Boston Street. La in 9h isl a 1.v22 us t at Ion a l Union Bank of pro Posa is Kok Baltimore City 3 per cent. 1928 Stock. Mayors office City Hall. Sealed pro pos a is will be received at the mayors office until thursday january 15, 1891. At 12 of clock noon. For the Purchase of three Hundred thou Sand Dol Lars $3l0.0u0 of the Bonds of the City of Balti More authorized to be issued by an act of the general Assembly of Maryland chapter 131, of the acts of 1888. And ordinance no. 98 of the mayor and City Council of Baltimore approved september 38, 1888, ratified by Hie Legal voters of the City of Baltimore it an election held on the Lith Day of november. 1888, entitled Quot an ordinance to authorize the issuing of Bonds for permanent Public improvements opening and widening streets construction of sewers ing streets with improved pavements Purchase and improvement of Parks erection of school houses and Bridges Purchase of ground in Southwest Baltimore for a Park and the building of an addition to the court House in the City of Baltimore. This act of the general Assembly of Maryland and ordinance of the mayor and City Council of Baltimore aut Britze the a Ssue of five million dollars of the Bonds of the City redeemable on july i 1938, with interest at the rate of 3 Ner centum per annul payable Semi annually on the first Day of january and july in each Aud every year. The City obligates itself to All tuxes imposed by the state of Maryland for which the holders of these Bonds May thereon be legally liable interest will commence on january i 1891. Proposals Are required to be sealed and marked Quot proposals for 3 4 per cent. 1938 the right is reserved to reject any or All bids. Jll>-5t Robert c. Davidson mayor and chairman of department finance. Chi efs court records. And All kinds of Law printing done at the office of Quot the daily record a 108 East Facht St Kew 3f"the lowest Price Good material and workmanship. Give us a trial
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