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10 ' THE SOUTH AS IT IS. The Constitution’s Correspond ents Begin Their Tour OFTHESOUTH, WITH ALABAMA FIRST. Montgomery, Ala., October 29.—[Staff Cor ceipondence of The Constitution.]— Standing ’on the capitol terrace in the shadow of the old /Confederate capitol, looking out and around on mH sides, it is hard to realize that the busy, i prosperous city and scene before you is the >aanio place that ten years before seemed so un ’ progressive. And when yon step inside the old statehouse, end look through the volumes there that mark the progress of Alabama from year to year, it is still more difficult to comprehend that a peo rde who, from time immemorial, have been blessed with a princely inheritago, should have allowed it to remain neglected and almost wasted for .so many years. The Alabama of today, in all its physical resources, is the same as the Alabama of twen ty years ago, and yet the state, by reason of development, has so far outgrown the size ami lineaments of its youth as to bo almost un recognizable. “You Georgians,” said a prominent official, arrogate to your state the name of •empire state of the south,'and y< t, do you know that the state of Alabama has contribu ted more to the reputation of the south abroad, for the glory of its soil, climate, resources— everything, rather than Georgia? You have the honor now, but we put you on notice, that as quickly as public sentiment can be enlight ened, the glory and all that’s in the name will be ours!” There was a kind of prophetic ring in the jnan“s tone that 1 did not like, but suppose wo Iseo if tli» n» is anything in what he says. Ten years ago the value of taxable prop erty in Alabama was ,535,792, and thepeo ndo were paying a rate of mills upon that [amount. In other words, the state tax-rate in i Alabama ten years ago was over double what it is today in Georg.a, the value of taxable being less than one-half as much. /Ton yhara is but a short while, and development must 1h) mar vellously swift when sis short a period ! produces the wonderful change Alabama pro rents today, w hen its taxable property is \ alm d at $215,(MX),000. The tax.rate today is < mills, ,or two mills less than in I<6. th:> is a high rate, but when iterance is known it should Hand as a mark of the honesty and integrity of ( this people. When the democrat* iegained the state in 1874, thej found it burdened with a debt some thing like thirty millions of dollars. They went to work to lift that debt. The <»nly way I to rid tie* slate of it w.is to pay it, or by ‘ legal compromi ■t« W-.bi-• il.- •.u ;y interest by lower inb rest bearing bonds. Over 7 ; mills was found necessary to meet the interest i on the public debt, and though the sum was unusually large, the people have each year ipiiid it without a murmur. By judicious, eco nomical man.i_'« ment it has !>••-n reduced now to 5J mills, and next year w ill bo only 5 mills. The thirty million of bonded debt has been lowered to something over ten millions, an amount the state can < asily carry, as is attes ted by the excellent rating it., bonds have in V allstreet. WONDERFUL GROWTH IN COUNTIES. There arc (iG counties in Alabama, and the last returns to the state auditor from these counties show this remarkable fact-every county in the state, without exception, shows an incr< ae. Jefferson county, in which the magiQi it y of Birmingham, with its ever rising value*, i - situated, the richest county in the Rtato, shows an increase over last year in value of taxable property of $20,524,598.00—0ne connlv in th<* state. wln»s<» annual increase ex cel <is th** sum total of the aggregate increase of the one hundred and thirty-seven counties ot i ieorghi! Is it j ossible that the officeholder w ill, after nil, have his prophecies confirmed ? And not only Jefferson county, but Winston county, the poorest, ho far as values are con cerned in tlu* state, shows an increase of over uoo. It is true, that the combined in crease of values over last year is only $41,1»91,7(G.’M) of which Jefferson county repie- Brntso\er ".'6,000,001 > but every counts in the stale without exception contributes in some [ degree to the measure of general prosperiK. What could be a b< tt< r test of the prosperily of thepi-ople. The state is essentially an agricultural Com munity. In tlm ye. r- to come il may he just as truly a manufacturing people. But upon Ihe prosperity of the tanning class depends, alter all, ih<- real prosperity of the state. Al abama retains nio'c plantations today than any utlmi southern stale, perhaps. The‘owners of land have not divide d up their inheritance, t elling a piece here ami a piece there, but as a idle the houndiirius of iff*’ plantation before the war mark the limit <d possession now. in only rare instances are th owners able to farm jtheir plantations. T<» properly run a place of two or three thousand acres requires rousid /tuable mone\ and that commodity is scarce M ilh the plantm \\ : J do they do? I Three s\ stems arc omphn rd. Wages. Shares, ' KRentiiig. I’hr nisi is good < n 'i'gh,but its prac |tice depends upon 11 e p. sse • u n of mono) .and j 'that system is not in gem ral vogue here. she ; past two arc the usual methods by which the | jam! is farmed The difference bid ween ’the two is hard to tell, both are bad enough, for both ,-vr to tin negro al> du to control over the < ullivati >n o! the crop. If he gi\ es the land ow m r a part of the crop for the land, that part will dcp< nd entirely upon the ’energy with which the negro works. The 1 t owner has to advance him provisions. The <»ml of the year 'omes ami the negro’s part is ■Just about enough to pay for the advone s re icoived It is a never ending strangle be tween life :nd death. between sutti. iem and I Jliungei on the pait of the Clipper, ami all the while the land is .steadily going down. This is equally true of the rent system, the rentci never io king toward improvement, but nlwayH itriv.ui tor immediate gain With such system in vogue, with e-dton the main crop and that crop for the lust three v ao- ..In. <a i lam. ie. toe i-omlti< nos the \ ■ i bnma fariner is nut «•. br ht in it ought to be. : Am! yet he is no worse off than his brethren of Other ) lie may lw> said to have the advantage in Borne respect.s. Thu cost of guano, that is so fs-.umb tothv G-oig.a cotton planter, .b . Hot enter into tb< uxp Use ;u count of il a farmer here. The ri h, I ... k .of the pra'u io land will produce, if pr. | rh worked and vv ith good sc awn n, a bale to the acre . and even with unfavorable adjuncts it rarely falls below half a bale. In some of the sandy counties of the state, gvvay from the bhu k b< it. I< it-hzers are used, and a mill that is in ont ration heie in Mo il gomery, has about all it can do in supplying the demand. The use of fertili <i• is not gen eral in the state, am! there is no r< ason why the farmer-. Jiould not well, if they into! hgently w. rk their lan I. Ami there aru s-mo wno arc doing well. They know their busi ness. and ea« h y. ar they add to their wealth. ( BIVX'K RAISING IX Al \n\M\. No better section ex ism anywhere for stack i using purnosi s than in some parts of \la bama A large number ot agrieuUnr sts are flow in the bus no'--., iml you can tell their farms the x erv instant you strike them by the ivir of pro pm it v ami general go »d nppeai ance. 1" Blount, ( !.< •. k- I I.ilr, C.. t . S a, Hem v. l.inv-t.. u . Madison. Manon, ami Talleduga, bto, \] . . ng hiw bv. ome a regular industry. A bmt i and tai<, r iand for the purj»o>e ! ; i. S \ pi" V .hicMwlth energy and intelligent wotk. U;,; ’ i: " ■■ ■ nlj >t<" y. ir»sit .■ . the m nim ht(» vastly disci rmbb'. and the onm clom •; < i - ” , ■" ‘ » i Hot. sos 11.1 in the vaulu of iht • »n m • h int ’ the bankers, b . v. •, . ’ Jur the purple of : . . ... , J THE WEEKLY CONSTITUTION, ATLANTA. GA.. TUESDAY. NOVEMBER 1. 1887. proceeds of a good sale of cattle or a largo lot of hay. GRASS AND CATTLE LEAD TO TROSTBRITY. “Our people will never bo prosperous until l they loam a lesson from these men,” said a Montgomery merchant, “they raise cotton to some extent, but it is theirsurplnscrop. When they gather it they do not rush to market with it to meet a note, but they put it under a shed and wait for a propitious time to sell it.” Talking with an extensive and prominent planter yesterday, t he question was asked why ' ilon‘l yon raise more corn and meat and less cotton? His answer was significant. Said he, “£ou cannot change in a day the entire sys tem of labor in the state; the negroes would not be content to work any other crop but cot ton, unh ss you hired them for wages, and wo have not the money to do that. '1 lie truth of ' the whole question is, our poverty drives us back to cotton every year, and the poorer wo got the more urgent the necessity to raise cot ton.” There was a touch of sadness in his strong voice and a look of pain across his swarthy face, as he uttered what is after all the real truth of the story. It is their poverty that keeps them poor. THE TAX ON CISTOLS AND J'LOUGHH. A few years ago the Alabama legislature irn fiosed a tax upon owners of pistols, dirks, lovvie knives, etc. Property of this sort is now i regularly returned for taxation, and the audi tor’s report for last year shows that the value I of taxaldc property of this sort as given in, was sl2! 1.193.04, the cities of Selma, Montgom ery, and Birmingham being responsible for a good deal of it. The same year the value of farming implements was $H7,5<'.7. What a contrast! Almost five times the amount of money invested in fanning implements locked up in deadly weapons! And the people of Alabama are not always "spilin' for a fight, either.” THE FAULT IN THE TAX ASSESSING. The state groans loudly under the abuses of its tax collecting system. And other states, including Georgia, add music to the melan choly melody. For instance, Alabama has 32,065,ii00 acres of land within its borders, and yet only 24,97ti,<>17 are returned for taxation. True there are largo tracts of government land here, but no estimate places it higher than 3J million acres, which leaves 4,500,900 acres un taxed and unaccounted for. This is an abuse that seems impossible to get at. Nearlv one sixth of the state paying no taxes! This is anotin r cause of the high tax rate. In iss iGeorgi i had money and solvent debts amounting to S.'M,OOO,<XX), while in the same year Alabama only returned $7,000,000, and the proportion is as great now, perhaps more striking. It is estimated that there is in sight in Alabama fully as much as ninety millions of property not taxed, because it is not returned, and it seems inijMissible to reach it. If there is any consolation in the thought that she has company in her misery, let Alabama take heart, if she be downcast, for her sister state of Georgia will doubtless show a similar dis crepancy. A curious fact was presented today while compiling some statistics. There are 93,210 horses, \ alued at $5,597,797, in tho state, while there are only 91,ti1l mules, but they-aggregate in value 5b,9,2,593. If there is any significance in the statement, it would seem to be that over hero a mule is more valuable than a horse. Tho amount of western meat, hay, grain and live stock imported into Alabama, is enormous, and there is no reason why the people should not raise everything they consume. All that is needed is an intelligent application of work to the proper industry. Over in the mineral region they are establishing pipe works, that require large quantities of hay in molding. A gentle man told me yesterday that he had a contract to furnish 1,5<i0 tons of hay to one company, and that on that one sale he would make more money Ilian Ids entire crop of cotton usually netted him. And the cost of hay to him was virtually nothing. The tear hors of tho people are recognizing the fact that a check must be placed upon cot ton production, and the people are being per suaded every day. In all her other industries the state is wonderfully active and prosperous, and tho moment the cotton crop is made the surplus crop, that moment will mark the free dom of the farmer. That it may come quickly is tho earnest wish of those who are closbly watching the progress of the south in every industry. U. H. P. ALIVIXG MASTODON. Indians Who Aver That They Have Seen a Wonderful Animal. From the Junciin, Alaska, Free I*ress. In conversation with 1). IF. Summers, for incrly oi Denvi r Colorado, who came out this fall wllh the first party of miners from Forty Mile Creek, we learned that the existence of living mastodons near the headwaters of White River was not the mere inbricnlions of the northern fur riers, but that tlie Stick Indians had positively told him that not later than five years ago such an animal had been seen by i them, one of the Indians said that while hunting one day in that unknown section he came across an immen u Hack, sunk to a dtq h ul s?\cral inchts in tie moss, and from the description as the Indian marked il out to him in the sand, It much resembled an elephant's track, and was larger around than a ' banct Vpou striking it the Indian followed | up the curious trail, which, to all appear- ■ a nee, was wry fie*h. and tracking from une rum- use strid ■ to the other for a. distance of some miles lie e.irnv in full view of his game And w t game! The hunter gave one look,then turned ami tied as though pursued by the evil one. These Indians as a class are the bravest of hunters, and with no other weapon than the spear, will attack and slay the St. Elias grizzly. But the immense propur* i< ns of this new kind of game both startled and i.ll--I the buuter, brave ns 10 was, with fear, uud lie imagined his only safety lay in swift and immo liatc flight, lie described it as being larger than Harper's, the post trader’s, store, with great shining yellouish tusks and a mouth large enough to swallow him at a single gulp. He said the nirmul was undoubtedly the same as were the huge bones scattered over that section. If such an an.mul is mnv in existence, and Mr. Summerlins n > ivastm to doubt the veracity of the Indian, as other Indians, mid also Mr. Harper, had confirmed it. they inhabit n ss non of very high altitude, and one but rarely visited by l.uman beiu s, and these only Indian*. We also have no reason to doubt the Indian s tale, tor nt no wryrve. n periodthe Yuki n country was inhabited by these Indians, and hun da is of their massive skeletons found strewn along the ereck> me the sliert but truthful nli ne- s On i’orty Mile creek Itones can be 'ound i-i e-ting partly from tho sutds and among Hie I d tvo >1 alum, ihe stream. i»n a crook below this these skelctoi s m\‘quite numerous, due ivory tusk ’ i -• h iii’ che o v.i a a d bank, and is larger around than t. man's body. A ■ ingle tooth would l»c n g » >1 load for n man to carry. This certainly m. i -l ben rent i eld for the scientist, for, to all ap -1 • <-.!.nice, ii is rich in nature's vurhisities. Am »n -, the fur an m i’s may be mentioned tho I-. it. th- beaver, otter, mink, martin, black, silver i gi ay mid other fo.ws, H e Siberian black wolf and • th r animals of V ss note Among the food animals :ue ilic reindeer, which are the nuvt abundant, an I :u i m herds fiuin a dozen up to five hundred. Then ihr iuoonc, carrtbou, sheep, squirrels, grouse mid ; qua 1 Ti e musk ox is also found, but rare, and it ! -,s mo el..mi likely that a few mastodons or mega | tbc- urn, yet exist. Salmon mid other food tislies ar? abuiuimil in tho streams. 1 ong Distance Rides Make Men Fatter. i From ti e Court Journal. A curious fact is brought to light by Cap. | tain lhan !' t( s valuable record of “Lung I‘ismine Rides.. It is that the men who were engaged in i this ere work seem to gain weight instead of losing it. This is especially noticeable in the case of lieutenant Broadwood's ride from Bangalore to M\so e. and the care and thOA'Ughneas with which 1 that officer's n p »rt has been drawn up guarantee the figures to be perfectly reliable. Out of tw rive men w ho made tho m ireb only two weight bj .i two wolgbod in at tne taint w .ght as when they started, mid the remaining e lit all gained. Now, it is well known that men in hard training often go up in weight, but this is ’ y ae minted for on the ground that t’ c > l l e '” '■ s t'.s>ue they get rid us is replaced by Th '! v••ore march, however,lmT' ! only twod.iv-, ■ ; v. ’.er an Indian sun and a camp diet and yet ’ c 1 • '■ ' lb. d Add \ ditacement. w mi., le t.'.c marth Horn K.any tee to .hibhvd-.s ;e, v . • i'.ctußy incioax .! by ... raud ail ‘ < ‘ g poumU. THE FIGHT FOR LIFE. Argument Before the United States Supreme Court IN THE CASE OF THE ANARCHISTS Washington, October 27.—The anticipation of an argument before the United States su preme court today on petition for a writ of error in the Chicago anarchists’ case attracted to tho capitol crowds of eager people who seemed as anxious to gain admission to tho court room as if tho anarchists themselves worn to bo present in chains and leg-fetters and argue tlieir ow n case in person. General 14. F. Butler asked tho court how much time would be allowed for argument. His brother, Mr. Tucker, represented, he said, a majority of the petitioners. He himself rep resented two of tliem, of whose eases were in some res;>ect, different from those of tho oth < rs. Ho would not speak merely for the sake of speaking, but he would not like to be hur rie<f. The chief justice asked how much time ho desired. General Butlersaid lie would like an hour and a half for himself, and an hour and a half lor his associate, Tucker. The chief justice said: “Very well, we will allow you three hours on a side.” At a quarter past ono J. Randolph Tucker opened the argument in support of the petition tor a writ of error, lie said that it was not necessary for hiiu to show, as a condition pre cedent to the granting of the writ, that the ac tion complained of in the court below- was actua Uy repugnant to or in violation of the con stitution. It was only necessary to shoxv that a conlliet had arisen /that there was a question w hether the action complained of was not re pugnant to the constitution. That was enough to give this court jurisdiction. It was the object of the statute of ltk>7 to give free access to this court in all cases where there was a question of this kind. It was not necessary to how repugnance, but only a conflict. If there is a conflict, then this court has jurisdiction, and if it has jurisdiction then tho petitioners are entitled to their writ as a right. "This court,” said Mr. Tucker, “is tho city of refuge from the avenger of blood, and any man who comes here and takes hold of the horns of justice, should not be repulsed. The policy of this court, ho said, had been to deal liberally with iietitions for writs of error in eix il cases. How much more should it deal liberally with a petition for a writ of error in a criminal case, involving the issue of life and death, in a case where life was about to be taken way in violation of the constitution.” Mr. Tucker quoted the 14th amendment and discussed the meaning of the words, "due pro cess of law.” and said that, although it had been held by this court that a trial without in dictment by a grand jury might be "due pro cess of law” and might be perfectly constitu tional, it had never been held nurintimated that a trial by a petit jury could be dispensed with. It seemed, ho said, to bo everywhere conceded that tho “duo process of law” re quired trial by a jury of one’s peers. After quoting copiously from authorities and ad judged ca -es in support of this position, Mr. Tucker said: Now. If I have succeeded in showing that "due processor law" meansn trial by jmy, the question htises what kind of a jury, for it is of essence of a Ji ry trial that it shall not be before a packed jury— thata juror shall not have made up hia mind be fore the ease is heard that I ought to be banged. SI,OOO IN CHRISTMAS PRESENTS! (See Last Column of Sixth Page.) When you subscribe to The Constitution you get the best and cheapest paper in America. On its merits as a newspaper it has grown from 9,000 to 112,000 circu lation IN THREE YEARS. In TAKING IT YOU GET THE BEST AND CHEAPEST PAPER. Besides this, you get a share in our “Christmas box” of Presents of SI,OOO cash. If you subscribe now your name goes in the box, which is shaken up on January j, AND ONE NAME DRAWN OUT BY OUR AGENT. THAT NAME GETS SSOO, THE NEXT S2OO, AND SO ON THROUGH THE LIST. Some subscriber will get the SSOO on January 1. Why not YOU? Out of the nox of subscribers’ names, one name will come first. It MAY be yours. If so, YOU GET SSOO AS A PRESENT. TIIE NEXT GETS S2OO, AND SO ON. SUBSCRIBE AT ONCE Foil EVERY NEW SUBSCRIBER YOU SEND IN YOUR NAME GOES IN AGAIN. GET UP A CLUB. It is essential that a jury should be unbiased, un prejudiced and iiuj artlal, and th it it should not be a <■ ass jury. Mr. Tucker then assorted that the jury law , of the state of Illinois was unconstitutional in that it provided that the forming of an opinion from reports or from newspaper ac counts of a certain transaction should not nec essarily disqualify a person having such an opinion from sitting in judgment on that transaction as a juror. Even although a law might seem to be fair and just, if by construc tion and administration it were made to deny to the prisoners the right of trial by a fair and impartial jury, then such construction and ad ministration constituted law and made it unconstitutional. Turning to an other question raised which, he said, wa> a new one in this court, he quoted the second clause of the 14th amendment to the effect that No state shill make or enforce any law which sha!'. abridge the privileges or immunities of citi zens of the United Stat s. Among the privileges and immunities thus guaranteed by the 14th amendment, were, he contended, those set forth in the first ten amendments to the federal constitution, such as “the rights of citizens to secure their per sons. houses, papers and effects against un reasonable searches and seizures, (fourth amendment) and the immunity designated in a clause of the fifth amendment which provides that no person shall be compelled in any crim inal case to boa witness against himself.” It was his belief that unless the privi leges and immunities set forth in the first ten amendments were specifically said in terms to be merely limitations of federal powers, they wore privileges and immunities which came within purview of the fourteenth amendment and were guaranteed by it. Justice Field-Then you would bring all t » this court. 1 cannot conceive of any question which cannot be brought here if the fourteenth amendment makes the “privi lege and immunities" to w hieh it refers include all those of the first ten amendments. Mr. Tucker said he would admit that it was a new question, but that he should like to ar gue it. Turning to the action and rulings of the trial court. Mr. Tucker said that the defense were driven to peremptory challenges in order toex elude jurors who should have been rejected for cause, and that thereby there was a limitation of right of peremptory chalk ngejw hieh this court has heal to be one of the highest privi leges of the prisoner. ••rhe last four jurors,’’said Tucker, “were put upon us after our peremptory challenges had been exhausted. In one case we objected distinctly upon the ground that the ruling of the court was in \ io’atien of the constitution.” In conclusion Mr. Tucker said: !| i\< il i ..ht, in my ju lament, to the writ to bo 1 ard on the . uesiini w ’other the constitution ! has bo n violated in order to compass tl.e convic ts ■ . It i* true thev are Mid to be an- fft me whither 1 baie any s\i qaih\ with them, l have only to sav that the co.tr! kt.ows !i e (>o well losr.ppOM? that 1 Lave sym- v. with >'a *<'mi'appy and misguided men. Hut thc\ and the. are entitled to the same 1 > t n al I roe. the same constitute n covers U' al 1 ;i'k tie i ant to interpose its shield I rt e i t v e men. b, cause I may need it m ■ !\-iew n • muirchx abroa i in tin* bind ' t’- ',\r- • a* , e.r ic need fear, except an n vh\ iu th- mnf iustiec. 1 fear that ' i .. oi Rustic ■ . n 1 ad i.. > ’• ■iw ri v. 'it on ot the suptxm l.iw • • h< i-••!. . or . pr,s n i s p'.nt can be • :<n i" mmmion tfere vr I and hearing. Strike . to ' ’ iu-.ir. b; ;J. n‘t o.rik before you ii) ;r. I Iriv i tJa c ■ irt w i’.;, them* re, award this writ, a w. ’ ’ce -rd v .. 1. will demand a te\ ctsal of jud mem. Atwinn Ce-eral Hunt, arguing in opposi t u to tko moti m for a writ of error, said l ,t to wan.. • th* v-wki’ of the writ it nno'poaFl. m i’. v J first, that there is a federal st ion involved, and second. U -h a»• >t.* a was ra icd and decided ,in th? > atc court He was not as well informed as he would like to bo with regard to the exact points upon which counsel for the petitioners relied. In the first of his argument, Mr. Tucker planted himself squarely upon the rights which belonged to his clients under tho fourteenth amendment, but in the latter part lie changed ground slightly and insisted that the first ten amendments were declarations of individual rights, ami that they were all comprised in provisions of the fourteenth amendment. The attorney gen eral opposed thisviewand insisted that the pro hibitions contained in the first ten amendments tot lie constitution are limitations on the powers of tho federal government and not upon t!io states. The fourteenth amendment declares: No state shall make or enforce any law which shall abridge tl e privi egc or immunities of citizens of the United Stntes. nor shall any state deprive any person of lile, liberty or ,pro|>erly without due pro cess of law: nor deny to any person within its juris diction the equal protection of laws. The record will show- that the complaint is not that the. state has made or tis inforcing a law which deprives the petitioners of any of the privileges or immunities guaranteed by that section, but that they arc deprived of rights by an erroneous construction of the law, placed upon it by a trial court of the state. Due process of law means the “law of the land.” In tho case of Presser vs. the state of Illinois, November, 1885. tho federal question raised was as to the right to bear arms, and it was contended that the Illinois statute was a limitation of his rights as a citizen of the United States under the 14th amendment. This court held that the right to bear arms was no right guaranteed by the •constitution of the United States, though the i federal government was only prevented by the I second amendment from infringing that J right. Dealing with such a right was a mat , ter for state discretion, and that as a police measure a state could treat it as it chose. It was held, furthermore, that bearing arms was not a privilege or “immunity” of citizenship of the United States contemplated by the The attorney-general then called attention forcibly to the fact that recent changes in the jury laws of the state all had for their purpose and object the procurement of a better class of men as jurors. Is it possible, asked tho attor ney-general . that states are to be so bound by the federal constitution that they can not change their jury laws in accordance with the changing conditions of their social and political life? Is it possible that whenever law is enacted in any state which recognize the changed condition of affairs—a law which is intended to adapt tiie jury system to such a changed condition—that the federal question is raised? Then the conviction of any man in a state court raises a federal question, and under tire unlimited provisions of the four teenth amendment that question can be brought to this court for review. “Mr. Tucker asks,” said the attorney general, "if I do not suppose that the fourteenth amendment guarantees trial by jury. I suppose that it does, but we hold that it was not intended to interfere v.iththe power of thosjtate to regulate jury trials within its limits, provided it does not deprive any one of equal protection of the laws.” As to the alleged “unreasonable search and seizure,” it is said that after the prisoners had been arrested their desks were broken open by the police, and papers and bombs, etc. were taken w ithout warrant. The attorney-general said he would like to know how a criminal’s instruments of crime could legally be taken from him. He knew of no process by which it could be done if they were his ow-n. The question for the court, however, was not “how was the possession of these things obtained ?” but rather “what do they prove?’ Attorney General Hunt then took up the case of Prisoners Fielden and Spies, and said that he understood it would bo urged by coun sel on the other side that they being foreigners —Fielden an Englishman and Spies a German —were protected by treaties between tho United States and their respective govern ments; that they should have immunity be cause tho treaties approved that citizens of England and Germany living in the United States should have all the rights and privileges guaranteed by law to citizens of tho United States at the time the treaties were ratified. “I understand,” ho said, “that this will be the contention.” The Chief Justice —In what respect is it said that this violates the citizenship of Great Brit ain? General Butler— They wore to have all the privileges of Americans at the date of the treaties and among these privileges we contend was the trial by jury, under tho laws then in force. No laws could be passed to change their condition under organized laxv—tho high est law. Attorney General Hunt replied that if this were so, then the prisoners, without being cit izens were privileged persons, above the laws of the state, which they set at defiance. Mr. Hunt said that as ho had almost finished his argument when the hour for adjournment arrived, ho would not speak today, but would give plaeo to his associate, State’s Attorney Grinnell. Mr. Grinnell, addressing the court, said that it had not been his intention to take part in the oral argument, and tjyat he camo here pri marily for tho purpose of assisting Mr. Hunt by means of his familiarity with tho record in this case. Speaking of the jury as a whole, Mr. Grinnell said: I wish, and am constrained to pay, one tribute to thatjurv. It exemplified American citizenship in till- country more than any jury that was ever looked up>n. It embraced all the walls of lile. Three of them earned their living by manual work. They came from all parts of the country, and one of them was bom of foreign soil. They were not a ‘ class jury.” Thev wore honest citizens with the solemn duty devolving upon them of determining what should be done with those min. No judge could look In the faces of that jury w ithout saying “thev are intelligent; they represent American citi zenship; they are tit to Ie trusted with the rights of freemen under our constitution.” There was not a capitalist on that jure. ’They were all commonplace small dealers and Intelligent uicu. Proceeding to the question of “unreasonable search and seizure,” m Spies’s office, he said it did not strike him as being any part of this case. He was not hero to offer any apologies for his own conduct. He then recited, at some length, the circumstances of tho bomb-throwing in Haymarket, search of the Arbeiter-Zeitung office, the prying open of Spies’s desk, finding of dynamite and letters there; tire breaking open of Ijiugg’s domicile and finding in Ins trunk dynamite bombs precisely like the one thrown. Mr. Grinnell, seizure was nothing which this court could regulate. It hadfaaid in the Ker kidnapping case that it was not for the court to determine how he (tire prisoner) got there. Ihe court simply said, "Yon are here.” The things seized m search of these prisoner’s premises, "were there." and it was not for the court to de termine whether they were legally there. The onlv question was. "are those things tes timonv’.'” and that was nut an inquiry for this e«'urt. Forgery, murder, and other crimes had to Ire proved, Mr- Grinnell said, by such “The pistol found in tin' hand of the assas sin Guiteau was forcibly taken from him. and his papers, if 1 remember rightly, were over hauled. They were’there,’(that is in court) and it Ml- nobody’s business how thy got there. T hat the search mid seizure in this , .use were an unrca- nat'le se reh and seizure from lire point of view of defendants, 1 have no doubt.” In mu. lusion, Mr. Gntinel.-aid . ft Krtkes me, fkom our stan Ipolnt. that the Dun- dntion of the constitution Is less likely to be Impair ed by refusing to grant this writ than by granting it. At conclusion of Mr. Grinnell’s argument, which had occupied less than half the time to which he was entitled. General Butler arose and said that the introduction of all this now matter (reset ring to Mr. Grinhel’s recital of circumstances and the results of tho searches ami seizures) w hich was not in the brief of counsel, and which be had not seen anywhere in print, would compel him to ask for more time than had been allotted to him; that this extraneous matter must be popular with the court or its introduction would not be per mitted. The chief justice remarked that tho court could not know whether these matters were in the record, or not, but as they were stated by the state’s attorney, the court must assume that they were. General Butler said he had not examined the whole 8,000 pages, but he knew and could demonstrate that some portion of this extra neous matter was very different from what ap peared in tho record, and ho must ask for more time to speak with reference to matters of which lie had not before heard. General Butler said that, he would state the points of contention, and if ho stated them wrongly he wanted to bo corrected by any gen tleman who did not advocate the right to steal men and to steal their papers. After describing what happened previous to the Haymarket meeting, lie said: "At that meeting a bomb was thrown by somebody for some purpose, and there is not one word in these 8,000 pages of evidence to siiow that any one of these men had anything to do with the throwing of that bomb. There were but two of these men within miles of that meeting, and one had his wife and two little children in the very place, almost where that bomb was lighted. Its explosion killed a single policemen, and within a few days all of these men were arrested without warrant, committed to jail and held there without examination and w ithout process until they were indicted by the grand jury, and to describe the simple crime, if crime it was. the state’s attorney had to draw an indictment of sixty-nine counts. During the trial the judge allowed questions to be asked with regard to conspiracy, although in all sixty-nine counts of the indictment there was no conspiracy al leged. He said that he was ready to pledge himself that there was not a single man of the jury selected xvho had not said that he had a firm—and some of them an enthusiastic —con- viction, opinion and prejudice against the de fendants. After a great deal of rambling talk about the composition of the jury, dissatisfaction with the record, lack of time for preparation, the sentencing of prisoners in their absence, and that of their counsel, the injustice done them by “unreasonable search and seizure,” etc., General Butler said that if all these things could be done, “the question was to be de bated whether this government would not be a little better if it were overturned into an an archy than if it were to be carried on in this fashion.” "I had no fear,- ’ he said, ‘ ‘of being misunderstood upon this question. I have the individuality ofbeiiig the CL-ly man in the United States that condemned and executed men for undertaking to overturn the law. There w ere thousands of them. And for that act, please your honor, a price was set on my head as though 1 were a wolf, and 5J5.000 was of’ered to any man xvho could capture me to murder me. by Jellerson Davis and his associates, and xvho, if they were here at your bar, trying to ascertain whether they should have an honest and fair trial for their great crimes and they called upon me—their lives in danger—l should hold it to be my duty to stand here and do all that 1 might to defend them. That is the chivalry of law. if I understand it, and if I don’t, it is not of much consequence, for I am quite easily and quick passing away. General Butler proceeded to the considera tion of the special and peculiar questions rais ed by the cases of Fielden and Spies, who are foreigners. He contended that treaties were the supreme law of the land, and that these prisoners were entitled, by virtue of the treaties with Germany and Great Britain, to all the rights and privileges of American citizens at the time such treaties were made. A state had no power to try these men by one of its own laws which was not a law of the land at the time the treaties were ratified. Ho did not mean, he said, that a foreigner could come into a state and break its laws with impunity and that the state could not touch him. But he did mean that a state could only try him in accordance with tho law of the land—the whole land—at the time the treat j- with his government was made. This, he said, was an important ques tion to every American citizen because in re turn for the concessions made by this govern ment in the treaty with Great Britain, the government of that country had made similar concessions to us. Suppose that a citizen of the United States should go to Ireland and should make some remarks about the advan tages of a republican form of government and should be arrested and tried by the crimes act in violation of the treaty. Would we not stand up and say that this man must be tried by a fair and impartial jury? He must be tried as an Englishman w ould have been tried at the time the treaty was made, and that he cannot be dealt with in a more summary way under the latter law. After desultory remarks about the record and the necessity of having it before the court, and another reference to breaking open safes and desks, General Butler said: “There is no doubt that the prisoners were entitle 1 to trial by an impartial jury—a stupid jury, if you please—because I don’t think a man who reads newspapers is any more competent to try a case; rather worse, if he pays any attention to tlieir lies.” As enunciated by the chief justices of the supreme court, an impartial juror, he said, is one who “stands in freedom of mind without bias<» prejudice, and is indifferent.” Peti, ' tioners w ere not tried by such a jury and are entitled to protection under the federal consti tution. “If,” ho said, “tho court is to give me jurors as prejudiced as some of those in this case, I had better go to the land of Hottentots, for they would not allow me to be stolen and taken back to Illinois. [General Butler’s allu sion is to the kidnapping of Ker. referred to by counsel on the other side in defending tlieir search and seizure.] Gen. Butler then returned again to “the unreasonable searches and seiz ures” complained of by the petitioners, and said his associate, Mr. Tucker, had character ized the proceeding as “subpoena duces tecum,” executed by a locksmith. “Why,your honors,” he exclaimed, “they searched under burglary, headed by the state’s attorney, on his own admission. No miserable policeman or half witted constable, but the state prosecuting at torney does burglary—steals papers—and says you can’t help that. He puts it with a sort of triumph and we are told that our immunities and privileges arc not involved and that our remedy is to sue for trespass. What a beautiful remedy! Sue the states’ attorney and be tried by such a jury as the laws of Illinois would give. Better be in a place not to be named for comfort.” As a final reason why the writ should be granted, Geneial Butler urged that tho prison ers had been sentenced to death in their absence and without being asked whether they had any reason to give why the sentence of death should not be pronounced upon them. The record, he said, did not show that they were absent when sentenced, but they could prove it. The record showed that they wore present, but they could prove by half of Chicago this was a mistake. In conclusion General Butler said: “May I, iu closing, make one observation. If ten lives can be taken in this way, as you have seen exhibited here today, better anarchy— better be without laxv than with any such law.” Not for Iler. From the Detroit Free Press. “Madame,” he began as the door opened, “I cm selling a new book on ‘Etiquette aud Deport ment.’ ” “O, you are”’ she responded. “Go down there on the grass aud clean the mud off your feet.” “Yes’m. As I was saying, ma’am. lam sell—” “1 ake oft'your hat! Never address a strange lady at her door without removing your hut-" “Yes’m. Now, then, as I was saying—” “Take your nands out of your potkets! No gen tleman ever carries his hands there.” "Yes’m. Now, ma’am, this work on Eti " "Throw out your cud. If a gentleman u«es to la ' Ire is careful not to disgust others by the habit.” ”Y< sm. Now, ma’am, in calling your attention I to this valuable ” "Wait Put that dirty handkerchief out of sight , I and use 1 st grease on your hair. Now you look I : half way decent. ¥■ u have a book on Etiquette i I and D-ihrtmeut.’ Very well. 1 don’t want it. 1 I i am ot.lv the hired girl. You <an come in, however, 1 I aud talk with the lady of the house. Site called me j i a l :.r this morning, atid Itlriuk she needs, eomething , Horae of a Different Color. ; Fr ■»th the New York Snn. “Do you know, Mi’W Smith,” ho saitl, “that ‘ when I >ee you 1 always look about lor a white i i •imhp *u y ii-lu. Mr. Brown.” nhereplied, “and . >’. ■ y . k . .v the color of the hon>e that 1 look for uu , A RAKING CRITICISM. A Historian Reviews General Sherman’s Memoirs, AND HE GIVES A CANDID OPINION, The following criticism of General Sherman is made by H. If. Bancroft in his Popular Tri bunals. “At the request of Justice Field, of tho United States supreme court, General Sherman wrote from St. Louis, the 25th of February, 18U8, a letter detailing his California experience of 185 G, which was published in tha Overland Monthly of February, 1874, and re produced in substance in his Memoirs. Thia document abounds in incongruities and mis statements, a few of which I will point outt Among other things, ho asserted that without a standing army the American people would become a mob, which language many of his best friends would dissent from. Surely il General Sherman had considered for a moment he never would have placed a free people in the anomalous position of holding over them selves a guard of hired soldiers to keep them selves from insurrection 1 Least of all do tha American people require so to keep them selves. Was it a mob General Sherman led through Georgia? Do the transactions of tha vigilance committee of 1856, as recorded in these pages, read like the doings of a mob? “He states further that James King, of Wil liain, ‘turned against his old associates’ when ho exposed the rascality of J. C. Woods, and Adams and company, ‘and against Woods es pecially, whoby publiq clamor became alarmed for his personal safety and escaped the coun try.’ Now, no one knew better than Sherman that King was a single-minded man and Wood* a trickster. If circumstances should throw the general unwittingly among thieves, would he call it turning against his old associates when he exposed them? Besides, who over heard of an honest man in America becoming alarmed for his personal safety and escaping a country to get away from a newspaper? Again, he affirms ‘a war grew up between these two evening papers aud their editors, King and Casey.’ This is not true. There never was war between the papers. King exposed Casey for stuffing the ballot-box which made him supervisor. He never cared a fig for Casey or his paper. Three lines after, Sherman says: “King sent to New Yorkana prepared the record of a case in which Casey had been convicted of robbing the room of his mistress. King did nothing of the kind. A member of Casey’s own party, with whom he had quarrelled and exchanged pistol shots at a primary election, procured the evidence against Casey as wo have seen. Sherman goes on to say that “King treated him rudely,” as if that excused Casey for killing him. If it did not, it being “no unusual thing at that time” for one man to shoot another, surely would excul pate him. “Casey then told him he would shoot him on sight.” Casey told him nothing of the kind; there were two listeners to tho conversation in the adjoining room, and we know what King said. King “started for his dwelling on Stockton street,” continues this veracious writer. Mr. King lived on the cor ner of Mason and Pacific streets. Next are three misstatements in a single short sentence: “Several people who happened to be near ran up, caught and carried him.” He was not carried—‘into the office of Wells, Fargo & Co.’ —it was the Pacific Express company— ‘and laid him on the counter.’ Mr. King was never put upon the counter at all. The news paper press, he says, all but the Herald, ‘be came in the highest degree inflammatory, and drowned all reason and argument.’ That is to say, all reason and argument of the Sherman order. All the people, all the newspapers were fools; only Sherman was wise. ‘King died the next day, Friday, I think, and his funeral was fixed for the Sunday following.’ Mr. King died on Tuesday and was buried on Thursday. He makes the execution of Casey and Cora take place on the day of their seizure, within the hour, almost, that they were taken from the jail, when there was an interval of four days. Everybody supposed that when this funeral was over the matter was at an end; but to our surprise the vigilance committee maintained its organization.’ ‘Everybody’ was Sherman, Johnson and Garrison. ‘While the better ele ments Os society were at work intent on their own personal affairs,’ the general goes on to say, ‘the idler and vagabond sought the power in existence for an easy support, and through the vigilance committee they became what our ward politicians are at all times. Even Sydney convicts became judges and constables, and sent around San Francisbo their absurd writs, with a big, all-seeing eye impressed thereon as tlieir great seal.’ That is a falsehood; and I cannot see, even though uttered by a general of the United States army, hoxv it can be other wise than wilful and malicious. ‘This went on from month to month, and none of us knew who was our king, whether tho pack of fel lows who sat at midnight on Front street,’etc. It was not Front street, but Sacramento street; and as if this xvere not bungling the locality enough, in his memoirs he calls it Clay street. Now, is General Sherman true, manly honest? Does he mean what he says when he stig matizes the committee thus. The fact was never questioned that they wore San Francisco’s best men. Sherman, as a banker, knew them to be, as a class, infinitely better men than those of his party. Is it hon orable, is it gentlemanly, is it decent for him to employ such terms in speaking of such men? ‘ln a day or two after this’ —it was the same day—‘Judge Ferry, of the supreme court, made the writ commanding the sheriff to bring before him tho body of Moloney.’ Bill Mulligan was the man. ‘This writ xvas put into tho hands of a deputy, who tried to enter the rooms of the vigilance committee on Front street (Sacramento street), but was kicked out.’ He was courteously invited to enter, and did enter, and was not kicked out. Besides, how should a man be kicked out of a place which he tried to enter and could not ? “Thus the letter goes on to the end. The misstatements may, some of them, appear trivial, but in this connection they are not so. Sherman has made statements impeaching the integrity of California’s purest aud best citi zens, statements which are either true or false, and which were made either wittingly or un wittingly. To say the least, the assertions of one so lax in language should be taken with allowance. Tho general is popular in Califor nia as in other states, and his friends are dis posed to pass his random remarks charitably, as tho harmless off-hand way ot the soldier. But although I entertain personally none but the most kindly sentiments toward him, and have great respect for his military success, I can speak of him in this connection only as ha is, and that according to my best judgment. So judging, General Sherman in this letter is either prejudiced, ignorant or false, in cither of which event writing is no credit to him.” • The Pride of the Soutliern Planter and the Blue Ribbon. The great Piedmont exposition is over, and the many thousands that were there wimessed tha grandest show ever gotten up in the south in so short a time. In Machinery hall was seen truly the pride of the southern planter, which have become the leading farm implements in ti e cotton states; well know u iu the south as the Johnson Combina tion Plows, manufactured by B. A. Johnson W Co., Atlanta, Ga. Os course, t icse plows, as they have always done, carried off the first premium, and, as the jii Igos remarked, “tie several blue ribbons in different places on these plows." We know w liat thev will do. These plows may well be termed the pride of the southern planter, since t! ey n duee his expense of buying a: d keeping up implements to less than half, saves him labor, sav •< time, an 1 are the cheapest, best and most economical pl >ws ever used on the farm. It Is true that for the past few years the manufaetuiera have not been able to -up ply the large demand. I’ut the merch nts who waits too late in sending in tlieir or ’era for them are to blame for not getting tin tn while they can be had in the early s anon. The planter who ap preciates success and economy on the farm should follow the example of the shrexvedest and most suc cessful cotton growers and use no other but the Johnson wings and the common seootor or I'Ull- Img, which makes every p,ow n”; de 1 uu the iarm * Call on your merchant for these plows. Neer let him put off Ins oi l style a’ .l s >■■’; on vo l. It i his duly to keep up with the deuiatols ,-f his c ■ -tomers ‘ atul you are certainly entitled to the cheapest and best implements to th.-k ■ firming a success. He Took the Advice. ! From the New York Sun. Prohibitionist (to a saloonkeeper)—l wish 1 could c nivuiee you, my friend, that liquor Inflicts j untold misers upon countless thousands: that 1 water, pure.’cold water, is what v all should drink, that Saloon cepcr ■' n i tcvU—You i are right, sir; w ater in a good thine. (To barten ler) i— Kcllry. j- ur Lh.'tit four : gallons of Motet imo that barrnl of whisky.