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, RALEIGH REGISTER, ' ,,
II.
RALEIGH, 7S 0., WEDNESDAY, MAY 13, 1885.
NO. 63.
Second Floor of Fisher Building, fayettevUl
no paper sent after expiration m ume paia lor.
Street, aext to Market House.
C V iJ .1 i. v s , -
FADED FLOWERS.
res.
A little while ago she held '
These flowers in her hand i
A sweeter bunch-there never grew
In all the summer land.
She, laughing, lightly to her lips
Tbeir dewy splendor pressed
The music of her voice is gone,
Its melody at rest. '
A little while ago her eyes,
Soft-shining, sought my own: ' -' ,
Ah, such a little while 1 yet now ' ! '
Their happy light Is flown, j ' ' 1
The world may still be green and fair,
Or white with winter's snow
Yet, in her absence, I forget f.
All but that summer glow., . f ;
The flowers are faded, yet they speak '
Of more than summer fled:
They speak of gentle grace that crowned
The dear one that is dead.
Her memory is a living rose,
My days its perfumes fill
Its fragrant leaves no storm can blow, J
Nor winter wind can chill.
SCPB&HE COtTBT.
Decision Filed February Term,
From Advance Sheets of Davidson's Reports.
DKPBIBST V. PATTKt801f.
1. Quare, Whether,' the Supreme Court
can review the findings of fact made by
the iudge below, in an action against an
executor for an account and settlement of
the estate of his testator.
' 2. Where an executor sold "property of
his testator in July 1863 on nine months'
credit, he is liable for the scaled value of
the money for which it sold at the time of
the sale, and not at the expiration 'of the
time of credit.
DEPRIEST V. PATTERSON.
1. An executor jduring.the war took
certain notes belonging to the estate of
his testator, and substituted, for them Con
federate money of his own. The notes
proved to be worthless; Held, that he is
chareeable with the scale, value of the
Confederate money at the date of the at
tempted substitution. '
2. Where an executor swears that cer
tain Confederate monev was the property
of the estate, but is unable to explain by
whom it was paid, or how he is able to re
member the character of the fund as be
ins a part of the trust estate; Held, not
sufficient to relieve him from liability.
WTNNB V. HECK.
The plaintiff having transferred the
claim upon which this action was sub
sequently brought to an attorney at law
for collection, and with directions to him
tn apply the proceeds to demands which
he held for collection against the plaintiff
due other parties ; Held,
. The plaintiff cannot maintain an ac
tion in his name to recover the sum al
leged to be due upon the claims.
i. That the effect of the transfer
was to vest the ownership of the claim in
the attorney as a " trustee of an express
trust," and the action should have been
brought in his name alone, or in conjunc
tion with those of the cestui one trust. The
Ctxle, sections 177 and 179.
t Wilhv v. Galling. 70 N. C, 410, cited
and approved ; Abramt V. Cureton, 74 N.
('.. 523, cited and distinguished).
WHARTON V. WILKERSON.
1. In special proceedings before the
clerk, when issues of fact are joined, they
niu.-t be certified to the court in term for
trial. As soon as such issues are tried, it.
is the province of the Clerk, and not of the.
judge, to make orders in the cause.
2. v here, in such proceedings, the re
cord does not disclose that issues of fact
have been transferred to the court in term,
any orders made by the judge are extra
judicial.
3. A claim for contribution cannot be
set up by one defendant against another in
a proceeding to sell land for assets. When
the amount exceeds two hundred dollars
the court in term alone has jurisdiction of
such cause of actioB, except in cases of
contribution between persons claiming as
devisees under a will, or as heirs at law of
a testator to whom undevised land has de
scended, which exception is caused by
section 1534 of The Code.
(Brittain v. Mull. 91 N. C, 498, and
Buttle v. Duncan, 90 N. C, 546, cited and
approved).
HOWELL V. POOL.
1. A stipulation in a mortgage that the
mortgagee should retain from the proceeds
of the sale f the property, " costs and
charges including a commission of five
per cent, for making such sale," in addi
tion to the principal and interest then due
on the secured debt, is not usurious in the
absence of proof of an usurious intent. It
is a provision for the compensation for
services performed in the execution of the
trust, and not a part of the consideration
ior me loan.
2. Such Stipulations are not approved,
and will never be enforced when the mort
gagee makes the sale and becomes the pur
chaser.
3. A sale to a mortgagee by himself, un-
uer a power of sale in the mortgage aeea
is ineffectual to. divest the equity ot re
demption from the mortgagor, and the re
lation of the parties is not changed by that
act.
(Kornegav v. Spieer, 76 N. C, 95, and1
Whitehead v. HeUen, Ibid. 99,. cited and
approved ; Me Corlde v. Brem. 76 N. C. , 407 ;
Caixhart v. Biggs, 77 N. C, 261; FurneU
v. Vaughan. 77 N. C. 268; Pritchard v.
Sanderson, 84 N. C, 299, cited and dis-
Qistinguished).
TORRENCE V. DAVIDSON. ,
1. All that is required of an adminis
trator in the management of his intestate's
estate is diligence and fidelity. If coercive
measures vigorously pushed against a
debtor are likely to result in a loss to the
' "ate,, he is not required to adopt them.
t. An administrator is never held re
sponsible because the exercise of a reason
able discretion has turned out unfavorably
ior the estate.
3. A debtor to an estate being in fail
ing circumstances, the administrator made
a further advance of money to him, and
took a mortgage to secure the entire'
amount. It was possible, but not proba
ble, that the debt might have been collect
ed by suit, and the debtor refused to give
the mortgage unless the further advance of
money was made. The debtor became ut
terly insolvent and the mortgaged property
was insufficient to pay the entire debt;
Beld, that the administrator was not liable
to the estate for the loss. . v
4. The fact that an administrator, has a
common interest in the estate with the dis
tributees, is a circumstance tending to
show the exercise of fidelity in the man
agement of the estate. - ,
. Patterson v, Wadswori 89 N. C, 407,
cited and approved).
OBJUfTT V; KDWAXM. v '
1. The court wilt hot set aside a wiiort
and order a re-reference on the ground
that the referee has' failed to pass on cer
tain matters involved in the account, when
ure repn jurnisnes; uan irom wnicn the
account can be stated.' 1 "
' 3. An administrator cannot be charred
with interest at1 eight per cent, because he
is indebted o. the estate, and has realized
that rate on money his own. '
8. Where an executor attcmnta tn mv
ma individual ' debts' out of the awt nf
. - L I J
bis testator, be commits a devastavit, and
his creditor who knowingly accepts such
payment is liable to account to the estate
therefor ; but in Such account he is entitled
to credit for the amount of the executor's
interest in the estate. -
4. Under the circumstances of this case
an allowance of ij percent, commissions to
nuniinistracor is not excessive.
5. Where a testator devised two-thirds of
his entire estate to a party for life, it
means two-thirds of his net estate, and it
takes effect, In the absence of any express
jiiimuug w uic contrary in me win, im-
mediately arter the time when the law re
quires the executor to distribute the estate,
unless the estate should be sooner settled.
( Guttey v. Maty, 8ft N: C. , 343 ; Grant
v. BelL R7 Jf. C 34. cited and annrovedV
, . F - r r f
HARPER V. DAIL.
1. When a receipt is evidence of a con
tract between the parties, it stands on the
Barae footing as other contracts in writing,
and cannot be contradicted or varied by
parol; but when it is merely the acknowl
edgment of the payment &f money or the
delivery of goods, it may be contradicted
by parol.
2. A husband may be the agent of ms
wife. '
. The declarations of1 a party, made at
the time that she handed a deed to her
husband to deliver as her agent to the
grantee, are admissible in evidence as a
part of the re genta.
4. Declarations to become a part of the
ret gettm must be made at the time of the
act done, and must be consistent with the
obvious character of the act.
5. Where it appears in the record that
the plaintiff took a non-suit, and appealed
before the issues arising on a counter claim
pleaded by the defendant had been dis
posed of, bat no objection was made by
the defendant at the time ; Held, not to be
such an exception as can be taken for the
first time in this court.
Uleid v. Seid, 2 Dev., 247; Wilton v.
Zferr. 69 N. C, 137; State v. Jbnet, 69
N. C, 16; Jfeekins v. Totem, 79 N. C,
546, cited and approved).
WKITK V, JOSK8.
1. A petition to rehear should point out
the ruling which is alleged to be errone
ous, but should not by a course of reason
ing undertake to-show that it is erroneous.
The argument should be made at the hear
ing, and not in the petition to reh'ear.
2. The doctrine of the vendor's lien for
unpaid purchase money' has long been re
pudiated in this state.
3. A court of equity will not decree the
specific performance of, a contract to con
vey land until the full price has been paid ;
but this does not rest on the doctrine of
lien, but upon the rule that a court of
eouitv will refuse relief to one who will
not do what, in equity, he ought to do.
4. The rule announced in the lormer de
cision of this case affirmed that, where A
purchased land, and, after paying a part of
the purcnasc money, assigneu uis interest,
to B, taking from him a promise to pay
the balance due to the vendor and his bond
for the part A had paid, and B afterwards
assigns his interest to the plaintiff; the
nlaiDliff, upon paying the balance due the
estate, will be entitled to a deed for the
land, unencumbered with any lien in favor
ofB.
(WomNe v. Battle, 3 Ired Eq.. 182;
Cameron v. Maton, 7 I red. Eq., 180; Ble-
vins v. Barter, 7 JN. u., 4o; &mun v.
Brittain, 3 Ired.Eq.,347 ; Lewur. Bowtree,
81 N. C, 20, cited and approved).
BARBER V.
GREEN.
1. A referee is not required to refer to
the evidence in his findings of fact. All
that is required is that he should transmit
to the court the evidence upon which his
findings are based.
2. Where the Supreme t'onn cannoT pass
unon the facts, it cannot look into .the evi
dence upon which the referee bases his
findings of fact, unless tne exception is
that he has found facts with no evidence
to suDDort them.
3. Where on exceptions to a reieree s
. . . ,
reDort. the judge does not find any facts,
but over-rales all the exceptions to the re
port, he is presumed to have adopted the
findings of the referee.
4. No wish or direction given by a per
son as to what should be done after death,
unless made in a will, can be legally carried
out. So. where a person of small means
expressed a wish to be buried in an expen
sive coffin, and the defendant, who was
indebted to her, furnished one at her
death, the cost of which he pleaded as a
set off in an action against him by the ad
ministrator: Held, that he was only en ti
tied to such sum as would have purchased
a coffin suitable to the intestate's pecuniary
condition.
(Green . Casilebury, 70 N. C, 20, cited
and approved).
8TAKCILL V. OAT.
1.
In motions to set aside judgments for
irregularity, and other motions of kindred
nature, the rules or evidence are not so
strictlv adhered to as in the trial of an
issue by a jury. In such cases the court
can hear any evidence which is reasonably
calculated to aid it in arriving at a just
conclusion.
2. Bv accepting service of the summons,
the parties are brought into court and made
parties to the action, and must take notice
of the proceedings and are bound by the
iudcrment of the court.
3. Litigants are presumed to take notice
01 ail inai is aone in uvuunt tu wuitu iucj
are parties.
4. A judgment rendered without any
comolaint having been filed is not neces-
sarilv void." Such judgment is valid if
rendered by consent, or if ratified by sub-
seauent assent to it. '
5. An irregular judgment will not be set
aside as of course. The moving party must
show that the alleged irregularities affect
them adversely in a material respect, and
that they have exercised due diligence in
seeking relief.
- 8, The t former Courts of Probate had
exclusive' jurisdiction of proceedings to
settle the estates of deceased persons.
, Mayo v. Whitson, 2 Jones, 231 ; Johnson
t. FutreU, ' 86 N. CL, 122; Unitertity v.
Lattiter, 83 N," C, 88; Vick v. Pope, 81 N.
C,; 22; Hunt v. Sneed, 64 N. C, 176 Hei
lig r, Foard, Ibid.'7I0; Hendridct.r, May
jfo&i'tl N,;C., 626, cited and approved).
We hear that the small grain crop will
be good, BOtwithstandingi the recent cold
spell. Anson Timet.
BANMn AND VANCE
Stand ay President and Policy.
f Washington Post.
Senator Eustis, of Louisiana, has become
suddenly prominent as the first Democrat
of prominence to openly and bitterly at
tack, the Administration. " In my judg
ment," he said to a reporter in New Or
leans, " Mr. Cleveland thus far, from a
Democratic standpoint, has been a con
spicuous and humiliating failure, the
naif-hearted manner in which the Presi
dent has been pursuing the important work
of placing in the hands of trusted, capable
and efficient representatives of the party,
through whose influence and almost super
human exertion he was placed at the head
of affairs, those various charges and duties
for the safe conduct of which the Demo
cratic party is alone to be held responsible
to the people is little less than disgusting.
Untrue to the confidence reposed in mm,
and unworthy of the great compliment be
stowed on him by his constituents, his Ad
ministration has commenced with a series
of blunders, and his friends and support
ers in Louisiana and throughout the Union
have just cause for complaint." Senator
Eustis said that the Democrats would not
be held responsible for this kind of a Gov
ernment, and concluded with the remark
that "It is now no longer a matter of dis
tribution of offices and Government pat
ronage, but a question of party principle,
and the Democratic element will sec to it
that thib Administration is Democratic in
the full significance of the term, or that
Mr. Cleveland and .his Cabinet shall fall
and be buried in the ruins they have
made."
WHAT SENATOR RANSOM SATS.
" Nothing has occurred since the inaug
uration of the President," said Senator
Ransom, an intimate friend of Senator
Eustis, " to disappoint the expectation
with which I looked forward to a Demo
cratic Administration or shake my confi
dence in the desire or power of the Ad
ministration to fulfil its promises. I be
lieve the President and his Cabinet are
conscientiously striving with their whole
heart to give the entire country an effic
ient and a pure Government. The results
of this effort will be very apparent in a
short time. That some mistakes have been
made must, perhaps, be granted the nom
ination of Morgan, perhaps, and the Kei-
ley eontre tempt but what mortal man
could have the immense machinery of this
Government suddenly placed upon his
shoulders and not commit a single error ?
Yes, the Administration is doing well; its
caution is commendable, and it will event
ually receive the hearty and unhesitating
indorsement even of those Democrats who
are now the worst disgruntled. The Pres
ident has not recognized sectional distinc
tions, except to obliterate them, and in his
treatment of the South he has been just
and generous."
AJTD WHAT SENATOR VASCE THIKK8.
"Of course not," said Senator Vance,
in his hearty and positive manner; " of
course I do not share in any degree the
sentiments imputed to Senator Eustis.
The President is proceeding in his work of
renovation and reform with all the speed
that it behooves a prudent man to make.
The President is making known to the
country that he is not a bitter and thought
less partisan, but that he keeps in view the
duty which in his exalted position he owes
the whole country. He could, if he chose,
let down the bars and drive the officehold
ers out like a flock of sheep, but who will
say that such summary measures would
not be followed by disaster to the public
weal ? There is no occasion for ' kicking '
now. But whenever an officeholder pros
titutes his position for partisan ends his
removal is justified upon the strictest prin
ciples of civil service reform, for I take it
to be the very essence of that reform to
dissociate completely Federal office from
Complicity in politics. Whenever the Pres
ident absolutely refuses to remove such
men then I too shall join the ranks of the
kickers and kick pretty high and hard.
We are a little impatient in the South.
Our, offices have long been filled from the
Republican element there, which is by no
means so reputable as the same element in
the North ; but we know that the better
time will come in its season."
THE PRESIDENT HCL.K8.
Some Interesting Reminiscences.
(New York Sun.
Mr. Hendricks has been persevering and
faithful in endeavors to genre his Demo
cratic friends in Indiana, but without any
degree ol success thus tar. Vice-fresi
aents, as a ruie, nave not ior many years
exercised much power at Washington.
The President for the time being does not
look with more favor on his possible suc
cessor man a King does on the heir appar
ent, who is waiting to occupy the throne,
When Gen. Taylor was elected Presi
dent, the original plan was to treat Mr.
Fillmore on the same footing of a member
of the Cabinet. Mr. Seward entered the
Senate contemporaneously with the advent
of the Taylor Administration, and although
he had much prejudice to confront, and
little sympathy to receive, it did not take
him long to keep Mr. Fillmore within the
limits of the Vice-Presidential nonentity,
Gen. Taylor in his plain and honest way,
never claimed much influence with his
own Administration. An amusing in
stance of his ingenuous frankness may be
mentioned to show the pure simplicity of
ms character. There was a spirited con
test for the Naval Agency at Washington
between Mr. Linthicum and Mr. Lathrop.
On the day when the appointment' was to
be decided Mr. Linthicum called at the
White House, and was cordially congrat
ulated by the President as the successful
candidate.
He then went to the Navy Department
to inquire about his commission, and was
astounded to learn there that Mr. Lathrop
had been appointed. Returning quickly
to the White House, he told the President
of his surprise. Qen. Taylor was as much
embarrassed as his disappointed friend.
He rubbed his forehead and repeated,
"Linthicum, Lathrop Lathrop, Linthi
cum." Finally he said :. " Mr. Linthicum,
I must have been mistaken about your ap
pointment, but I know I voted for you."
Ibis incident occurred five and thirty
years ago. Things are done differently in
these days. The whole tendency is to
concentrate power in the hands of the
President, especially when he is a man of
strong wilL Gen. Grant went to the ex
treme in this respect. The successor whom
he placed in the White House, by backing
a monstrous fraud with force, was the
weak instrument of a foul conspiracy, and
was in the hands of John Sherman, Stan
Icy Matthews, and others who had acquired
control by its consummation. Hays was
more concerned about the' salary of the
office than about the Presidency. ' r
;; Garfield was another, example of feeble
and fickle purpose, who,1 -with a long ex
perience in public affairs and with superi
or talents of a certain order, was wholly
unequal to Executive responsibility. Blaine
dominated in the Administration while the
late President lived, and it was not his 1
fault that he did not continue to rule un
der Arthur.' Long before the death of
Garfield Blaine sought to install Arthur in
the Presidency under the-"disability"
clause of the Constitution; That overture
was firmly repulsed, and its rejection led
to the bitter feeling between Blaine and
Arthur which no generosity on the part of I
the latter has ever mollified in the former.
There is little probability that any mem
ber of the Cabinet, or all the Cabinet com
bined, will direct the action of Mr. Cleve
land He stands sternly for the Executive
authority, after being satisfied that It may
be rightfully exercised. " Any attempt to j
restrain it would signally fail.
TECHNICAL EDUCATION.
How to Sake Handicraftsmen.
Charleston News and Courier. J
Prof. Huxley, in an address to. the
Workingmen's j Club, London, presents
some clear and forcible thoughts in con
nection with what he calls " technical ed
ucation," or " that sort of education which
is specially adapted to the needs of men
whose business in life is to pursue some
kind of handicraft." He shows, as a sort
of introduction, that he is a handicrafts
man; that for forty years he has been a
man who works with bis hands; his sphere
has been the - workshop, and he thinks
that, if a watchmaker comes to his shop
and Bets him to put a watch together, and
he sets the watchmaker to dissect a black
beetle's nerves, he will get along a good
deal better with the watch than the watch
maker will with the beetle. For a youth
intended to follow a trade, to be a handi
craftsman, he thinks the workshop is the
place for his training, and that he should
go there early, before his habits or his
tastes have acquired any bias contrary to
his projected course of life. He gives a
sketch of the preparatory education that
would be best for a boy whom one wanted
to make a professional anatomist, in which
he leaves out anatomy entirely, for he
" would rather be let that alone until he
took it up seriously in my laboratory."
In the same manner, he recommends that
the preparatory education of handicrafts
men should have nothing " technical "
about it. " The workshop is the only real
school for handicraft. The education
which precedes that of the workshop
should be entirely devoted to the: strength
ening of the body, the elevation of the
moral faculties, and the cultivation of the
ntelligence, and especially to imbuing tne
mind with a broad and clear view of the
laws of that natural world with the com
ponents of which the handicraftsman will
have to deal." Boys intended for the me
chanical occupations should not be kept at
school beyond the age of thirteen or four
teen. It is not desirable that such boys
should be specially tinged with bookish-
hess, and the danger of over-educating
them is really becoming a matter requir
ing senous attention.
The views of Prof. Huxley are always
worthy of consideration, and, on the pres
ent subject, have peculiar interest, because
they bear upon a matter of even more im
portance here than in England. Our sys
tern of public schools puts the means ot
education at the very doors of the labor
ing classes. Their children do not always
leave school at the point Prof. Huxley
suggests; they very often maintain their
attendance as far as the system will permit,
and by the time they are withdrawn they
have acquired tastes utterly at variance
with the pursuits for which they were in
tended. Of course this feature of our ed
ucational system is unavoidable. All
classes are alike entitled to use our public
schools, but we agree with the St. Louis
Republican in the opinion that the course
of instruction in such schools should not
be pushed beyond the limits of a sound
English education. The native good sense
of the parents of children intended for
mechanical vocations must be the judge as
to the preparatory education. The regu
lar trades are always necessary, and, with
proper prudence and economy, always
yield a good living. To learn them well
it is necessary to enter the workshops,
where alone the requisite skill can be ac
quired, having sufficient education and not
too much, and with a contented and deter
mined spirit. Thus commencing the bus
iness of life, reasonable success is more
sure in this direction than perhaps in any
other. It is not contended that children
intended to be craftsmen should be de
prived of educational advantages, but that
the teaching of the workshop should begin
as earlv as nossible : that all the nrehmi
nary education necessary is that which the
public schools will give between the ages
of six and fourteen, and that future pro
gress should be earned on simultaneously
with the teaching of the workshop.
OUR PROSPERING TOWNS.
Fayette vllle.
Seeing a number of strangers in town
last Thursday, we stepped into the hotels
to see their registers, and were surprised
to see that our visitors .were from Tennes
see, Kansas, Iowa, Alabama, Michigan,
California, Minnesota, Ohio, Georgia, Vir
ginia, Vermont, West Virginia, Massachu
setts, South Carolina, Texas, Florida and
all parts of our State. We found that
many were contractors, and were here in
specting the line of the Wilson and Fay-
ettcville Railroad. Among the number
was Gen. Rosser, the celebrated Confeder
ate cavalry officer, who we understand
wishes to take the contract of bridge build
ing across the Cape Fear, FayetteviUe Ob-
server.
Liberty.
We are triad to hear that this village on
the Cape Fear and Tadkm Valley Railroad
is flourishing. There are three stores, and
nine houses have just gone up, but have
not yet been roofed in. And better still a
very good Academy building is nearly
completed, and Mr. J. D. Gunter will
open school there early in May. Good, go
on 1 Pitttboro Home.
Blore Trouble for Poland.
fXew York Herald Cable. J
From Galicia daily reports are received
of the appearance there of English agents,
who are said to be organizing committees
in order to prepare an insurrection should
Russia become entangled in a war. The'
Poles are always ready for an insurrection,
because they expect of every com plication
the restoration of their ancient kingdom.
Besides, there exists at present an exceed
ingly bitter feeling against Russia in Po
lish society. Two-thirds of the Asiatic
army of Russia are Poles. The Russian
government has sent the Polish Regiments
to Asia in order to weaken the hostile ele
ment in Poland.v It may easily come to
pass that while the Poles in Asia are shed
ting their blood for Russia, the Poles in
Europe will be found fighting for England
in a war of insurrection.
HOW TO TEACH.
Botioi
Facta- Fad tn Fiction.
: fBnlwerin"TheCaxtons."
"Of course, air. you will begin1 soon to
educate your . son yourself P said Mr.
Squills. ,:
Of course, sir," said my lather, "you
have read Martinus ScriblerusT"
"I don't understand you, Mr. Caxton."
4,Tten you have not read Martinus
ScribleruS, Mr. Squills 1 '
"Consider that I have read it, and what
then?" v;
"Why then; Squills," said my father.
familiarly, "you would know, that though
a scholar is often a fool, he is never a fool
so supreme,; so superlative, as when he is
defacing the first unsullied page of the
human history. by entering into it the
common-places of his own pedantry. A
scholar, sir at least one like me is of
all persons the most unfit, to teach young
children. A mother, sir a simple, natu
ral, lovfng mother is the infant's true
guide to knowledge." ,
" Egad, ; Mr. Caxton, in spite of Helve
tius, whom you quoted the night the boy
was born egad, I believe you are right."
l am sure of it,"' said my lather; "at
least as sure as a poor mortal can be of
anything. I agree with Helvctius. the
child should be educated from its birth;
but howt there is the rub; send him to
school forthwith I Certainly, be is at
school already with the two great teach
ers. Nature and Love. Observe, that
childhood and genius nave the same master-organ"
in common inquisitiveness.
Let childhood have its way, and as it be
gan where genius begins, it may find what
genius finds. A certain Greek writer
tells us of some man. who, in order to save
his bees a troublesome flight to Hymettus,
cut their wings, and put before them the
finest llowers he could select. The poor
bees made no honey. , Now, sir, if I were
to teach my boy, I should be cutting his
wings, and giving him the flowers he
should find himself. Let us leave Nature
alone for the present, and Nature's loving
Therewith my father pointed to his
heir sprawling on the grass, and plucking
daisies on the lawn ; while the young
mother's voice rose merrily, laughing at
the child's glee.
"1 shall make but a poor bill out of
your nursery, I see," said Mr. SquiIJs.
Agreeably to these doctrines, strange in
so learned a father, I thrived and flourished
and learned to spell, and make pot-hooks,
under the joint care of my mother and
Dame Primmins. This last was one of an
old race fast dying away the race of old
faithf al servants the race of old tale-tell
ing nurses. 8he had reared my mother
before me, but her affection put out new
flowers for the new generation. She was
a Devonshire woman and Devonshire
women, especially those who have passed
their youth -near the sea-coast, are gene
rally superstitious. I She had a wonderful
budget of fables. Before t was six years
old, I was erudite in that primitive litera
ture, jn which, the legends of all nations
are traced to a common fountainstat tn
Boots, Tom Thumb, Foriunatxu, Jack the
Gumt Kuler tales like proverbs, equally
familiar, under different versions, to the
infant worshippers of Budh and the -har
dier children of Tbor. I may say, with
out vanity, that in an examination in
those venerable classics, I could have ta
ken. honors!
-My dear mother had some little misgiv
ings as to the solid benefit to be derived
from such fantastic erudition, and timidly
consulted nay father thereon
" My love," answered my father, in that
tone of voice which always puzzled even
my mother, to be sure whether he was in
jest or earnest "in all these fables, cer
tain philosophers could easily discover
symbolical significations of the highest
morality, J have myself written a treat
ise to prove- that Puss in Boots is an alle
gory upon the progress of. the human un
derstanding, having its origin in the mys
tical schools of the Egyptian priests, and
evidently an illustration of the worshin
rendered at Thebes and Memphis to those
feline .quadrupeds, of which they make
both religious symbols and elaborate
mummies."
"My dear Austin," said my mother,
opening her blue eyes, "you don't think
that bisty will discover all those fine
things in Puss in Boots? -1
"My dear Kitty," answered my father,
" vou dont think, when vou were crood
enough to tut up with me, that you
! . ... ' ...
found in me all the fine things I have
learned from books,: You knew me only
as a harmless creature, who was happy
enough to please your fancy. , By-and-by
you discovered that 1 was no worse for all
the quartos that nave transmigrated into
ideas within me ideas that are mysteries
even to myself. , If Sisty, as you call the
child (plague .on that unlucky anachron
ism I which yon do well to abbreviate into
a dissyllable if Sisty can't discover all
the wisdom of Jurypt .ln Putt tn Hoots,
what then? Puss in Boots is harmless, and
it pleases his fancy. All that wakes curi
osity is wisdom, if innocent all that
pleases the fancy now turns hereafter to
love or to knowledge. And so, my dear,
go back to the nursery,
But I should wrong thee, O best of
fathers! if I suite red the reader to sup
pose that because thou didst seem so
indifferent to my birth, and so careless as
to my early teaching, therefore thou wert.
at, heart, indifferent to thy troublesome
Neogilos. As I grew older, I became
more sensibly aware that a father's eye
was upon me. I distinctly remember one
incident, that seems to me, in looking
back, a crisis in my infant life, as the
first tangible link between my own heart
and that calm great soul.
My father waa seated on the lawn before
the house, his straw hat over his eyes, (it
was summer), and his book on his lap.
Suddenly a beautiful delf blue-and-white
flower pot which had been set on the win
dow-sill of an upper story, fell to the
ground with a crash, and the fragments
spluttered up round my fathers legs.
Sublime In his studies as Archimedes in
the siege, he continued to read ; Impamdnm
fertent ruxnai
11 Dear, dearf" cried my mother, who
was at work in the porch, "poor flower
pot that I prized so much ! What could
have done this? Primmins, Primmins!
Mrs. Primmins popped her head out of
the fatal window' nodded to the summons,
and came down in a trice, pale and breath
less. ' -
f " OV said my mother, mournfully, " I
would rather have lost ll the plants in the
freenhouse in the great blight last May
would rather the . best tea set were
broken! The poor geranium I reared my
self, and the dear; dear flower-pot which
Mr. Caxton bought' for 'me my last birth
day I That naughty child must have done
this!"
Mrs. Pnmmins was dreadfully afraid of
my father why I know not, except that
very talkative social persons are usually
afraid of very silent shy one.' She cast a
hasty glance at her master, -who was be
ginning to evince signs of attention, and
cried promptly, " No, ma'am, it was pot
the dear toy, biess his flesh, it was 1 1
? Your bow could you be so careless?
and you knew how I prized them both. O
Primmins!"
Primmins began to sob.
" Don't tell fibs, nursey," said a small
shrill voice ; and Master Bisty (coming out
of the house as bold as brass) continued
rapidly "Dont scold Primmins, mamma;
it was I who pushed out the flower-pot."
"Hush!" said nurse, more frightened
than ever, and looking aghast towards my
father, who had very deliberately taken
off his hat, and was regarding the scene
with serious eyes wide awake.' '
" Hush I And if he did break it, ma'am,
it was quite an accident; he was standing
so, and he never meant it. Did you Mas
ter Sisty? Speak ! (this in a whisper) or Pa
will be so angry."
" Well," said my mother, "I suppose it
was an accident ; take care in future, my
child. You are sorry, I see, to have
grieved me. There's a kiss; don't fret."
No, mamma, you must not kiss me;
I don't deserve it. I pushed out the flower
pot on purpose."
" Ha! and why?" said my father, wak
ing up. . . ' " i
Mrs. Primmins trembled like a leaf.
" For fun I " said L hanging my head
" just to see how you'd look, papa; and
that's the truth of it. Now beat me, do
beat me 1 "
My father threw his book fifty yards
off, stooped down, and caught me to his
breast. "Boy," he said, you have done
wrong; you shall repair it by remember
ing all your life that your father blessed
God for gfeiag him a son who spoke truth
in spite of feart Oh! Mrs. Primmins, the
next fable of this kind you try to teach
him, and we part forever ! "
Jrrom that time 1 first date the hour
when I felt that I loved my father, and
knew that he loved me ; from that time,
too, he began to converse with me. He
would no longer, if he met me in the gar
den, pass by with a smile and nod ; he
would stop, put his book in his pocket,
and though his talk was often above my
comprehension, still somehow I felt hap
pier and better, and less of an infant,
when I thought over it, and tried to puzzle
but the meaning; for he had a way of sug
gesting, not teaching putting things into
my neaa, ana men leaving them to work
out their own problems. I remember a
special instance with respect to that same
flower pot and geranium. Mr. Squills,
who was a bachelor, and well to do in the
world, often made me little presents. Not
long after the event I have narrated, he
gave me one far exceeding in value those
usually bestowed on children; it was a
beautiful large domino-box in cut ivory,
painted and gilt. This domino-box was
my delight, l was never weary of playing
at dominoes with Mrs. Primmins. and I
slept with the box under my pillow.
Ah l " said my father one day, when
he found me ranging the ivory parallelo
grams in the parlor, "ah! you like that
better than all your playthings, eh! "
"O yea, papa."
" lou would be very sorry if your
mamma were to throw that box out of the
window and break it for fun?" I looked
beseechingly at my father and made no an
swer.
But perhaps you would be very glad,
he resumed, "if suddenly one of those
good fairies you read of could change the
domino-box into a beautiful geranium in a
beautiful blue and-white flower-pot, and
you could have the pleasure of putting it
on your mamma's wmdow-sillT"
"Indeed I would! " said I, half crying,
" My dear boy, I believe you ; but good
wishes don't mend bad actions good ac
tions mend bad actions."
So saying, he shut the door and went
out. I cannot tell you how puzzled I waa
to make out what my father meant by his
SDhonsm. But 1 know that 1 nlaved at
dominoes no more that day. The next
morning my father found me seated by
myself under a tree in the garden; he
paused and looked at me with his grave
bright eyes very steadily.
"My boy," said he, "I am going to
walk to (a town about about two miles
off), will you come? and, by the bye, fetch
your domino-box ; I should like to show it
to a person there." I ran in for the box,
and, not a little proud ol walking with
mv father upon the high road, we set out.
Papa," said I by the way, "there are
no fairies now."
" What then, my child? "
"Why how then can my domino-box
be changed into a geranium and a blue-
and white flower-pot? "
"Mv dear." said mv father, leaning his
hand on my shoulder, " everybody who is
in earnest to be good, carries two fairies
about with him one here," and he
touched my heart, "and one here," and he
touched my forehead.
" I dont understand, papa.
" I can wait till you do, Pisistratus.
What a name!"
Mv father stonned at a nursery earden
er's, and, after looking over the flowers,
paused before a large double geranium.
" Ah, this is nner than that wnicn your
mamma was so fond of. What is the cost,
sir ?"
" Only 7s. 6d" said the gardener.
My father buttoned up his pocket. " I
can't afford it to-day," said he gently, and
we walked on.
On entering the town again, we stopped
at a china warehouse. "Have you
a 1:1 ,L.t t K..i,4. .fc.
ago? Ah, here is one, jnarkea oa. d.
Yes. that is the mice. Well, when vour
mamma's birthday comes again, we must
buy her another. , That is some months to
wait. And we can wait. Master Sisty.
For truth, that blooms all the year round,
is better than a poor geranium ; and a word
uiu is never oruaea uciier uuu a picvc
of delf."
My head, which had drooped before.
rose again ; but the rush of joy at my heart
almost stifled me.
" I have called to oav vour little bill."
said my father, entering the shop of one of
those fancy stationers common in country
towns, and who sell all kinds of pretty toys
and nicknacks. "And by the way," he
added, as the smiling shopman looked
over his books for the entry, " I think my
little boy here can show you a much hand
somer specimen of French workmanship
than ihat work-box which you enticed
Mrs. Caxton into raffling for last winter.
Show your domino-box, my dear."
I produced my treasure, and the shop
man waa liberal in ma commendations.
It is always well, my boy, to know what
a thing is worth, in case one wishes to part
with it. If my young gentleman gets tired
ot bis plaything, .what will you give him
tor it?" ; s j 1 . "rr" r
Why, sir," said the shopman, " I fear
we could not aoord to give more tnan
eighteen shillings for it unlesa.the young
gentleman took some of these pretty things
In irfmnont'-A"-:tV:": -f .
"Eighteen shillings 1" said my father;
vnn wnnlfl (rf-a that amnl Well.-mv
boy, whenever you do grow tired of your
oox, you nave my leave to sell it."
I my lamer paid nis Din and went out.
I lingered behind a few moments,- and
joined him at the end of the street. . . .
f ' Papa, papa!" I cried, clapping mjy
bands, "we can buy the geranium we
can buy the flower-pot." And I pulled a
handful of silver from my pockets.
" Did I not say right ? " said my father.
passing his handkerchief over bis eyes
you have found the two fairies 1"
Oh ! how nrood. how ovefioved' I was.
when, after placing vase and) flower on the
window-sul, I plucked my mother by the ,
gown, and made her follow me to the
spot.
" it is his doing, and his money ! " said
my father; "good actions have mended
the bad."
"What!" cried mv mother, when she
bad -learned all; " and your poor dommo
box that you were so fond of ! We will
go back to-morrow and buy it back if it
costs us double 1 "
Shall we buy it back, Pisistratus?"
asked my father.
Oh no no no! It would spoil all,"
I cried, burying my face on my father's
breast.
" My wife," said my father, solemnly.
i this is my first lesson to our child the
sanctity and the hanmness of self-sacrifice
undo not what it should teach to his dy
ing day. .
THE mOTHER-IIV-LAW
As Grandmother Ctots a Ctood DVord.
Harper's Bazar.
What house is there complete without a
grandmother in it, especially if there is a
baby in it already? And if 'there is not a
baby, then all the more is the grand
mother, so-called, indispensable ; for if we
have no future, we all of us must have a
past, and the grandmother is, of couise,
its embodiment. Beyond this, to every
house there is essential a nucleus, a centre,.
and neither the husband nor wife likes to
assume that part altogether, lest it should
seem too much of a selfishness, and one
that is not quite excusable even to one's
self. For although a wife may take ex
quisite pleasure in feeling that she is the
centre of home to her husband, who but
for her might not be keeping up an estab
lishment all for himself putting children
out of the case for the time being and
the husband feels as much in happening to
be the one object towards whose health
and welfare everything in the household
bends; yet there is fuller pleasure for
both of them in having an object of mu
tual care, which, where it cannot be the
young, must be the old. So strong is this
necessity for an object of mutual interest
that we have more than once seen a family,
consisting of husband and wife only,
where the dog or cat or bird was made to
answer the end in view as well as it could,
and we have even known the head of the
house, on the disappearance of the par
ticular pet, on going out to put the case
into the hands of the police, to turn to
the partner of his cares and say, in a
Bnaaiug voice,
break down."
Not that we would imply, even in jest,
that the grandmother is only to answer
the purpose where the pet does not or
where the child does not. She occupies
her own place, sits on her own throne ; it
is on one side of the hearth physically ; it
is in the heart of the household both phy
sically and psychically. There seems to
be a certain stability about that house
where the old lady sits enshrined that the
house full of younger people only does
not possess; one feels as if the latter
house might break up at any moment,
since young people marry, emigrate,
travel, go away on any errand. But the
old person is done with all that, is fixed
and fast, is to be there, doubtless, until
the end comes, and, for all the later gene
ration knows, has been there from the be
ginning in any event, from the beginning
of whatever memory or experience is pos
sessed by them. As she adds a dignity to
the house insensibly and inevitably, she
also adds a sweetness; nor that altogether
in her own person, for she may not be
necessarily in herself entirely lovely in or
der to do that; but the duty of reverence
and service to the old evokes in those
about her all sorts of graceful acts of
kindness and submission that give an at
mosphere of gentleness to the whole inte
rior. They are simple and easy duties,
too, as a general thing, that are rendered
to this silver-crowned queen, nothing re
quiring especial sacrifice in the ordinary
line ol life, and are tnus not oniy very
seldom neglected in any house, but al.
wavs cheerfully performed, and are fol
lowed by a gratified feeling of having
done all that one'a conscience could de
mand; or what is even beyond that, the
more exacting conscience of other people
in such regard, for it is .true that your
friends and neighbors often 'have a higher
sense of your duties' and obligations than
you nave yourself. The sense ol duty done,
however, irrespective of the neighbors,
adds to the sweet temner. nlacid nerves.
and general comfort of the house and all
that there are in it in a wonderful way.
And in quite another way, a compara
tively trivial way, a sort of satisfaction,
that you are sometimes a little ashamed
of. comes with the Dossession of a grand
mother who is a gracious and refined wo
man, as it teus everybody that, u you are
poor and abased now, once your family
was such as this kind ox gracious ana re
I nnea person tuaue uw ui buu u tuu re
a S it
."'.';-h?-" "
"w -v- . . r
we were always gracious and -refined peo
ple, you see ; seventy or eighty years of it,
at any rate, are oeiore you in ns person.
But all of these considerations are m
fling and somewhat sentimental beside the
plain fact of the immense and uniainng
comfort a grandmother is in the house
where the children are. The children, to
begin with, are her own; without trans
lating the idea to herself fully, she sees
nosterity in them; they tell the universe
what she has lived for, and, as a general
thing, they answer the problem of life
very satisfactorily to her, for in her eyes.
whatever they may be in the eyes oi ail
the rest of their little, world, they are per
fection. he has about as much love for
them as she had for the children she bore
herself; if they are her own daugh
ter's children, perhaps quits as much; if
they are her son's, and she has daughters
of her own. not perhaps as much to the
last jot and tittle, because they are then
another woman's children; but if she have
no daughters of her own, then her son's
wife is often her own daughter in affec
tion, and the children are doubly dear.
She has all the contentment that it is pos
sible to have in children, without any of
the responsibility; she certainly is; not di
rectly responsible for bringing them into
the world; the duties of aU that sort of
responsibility are covered Dy the parents.
of course, in a manner that leaves , no
room, for their exercise by her ; to her are
left only the pleasures. To her do the
little people come with all their woes and
troubles; to her do they come with. all
their confidences of another sort how
can they go quite so freely to the person'
who is responsible for them, and in duty
must needs correct them . if this it wrong i
and that is unworthy, and cannot in so
far sympathize with them to the full? But.
the grandmother, if not herself a child
with them, has perhaps learned that too
much tinkering is as bad as too little, and
that something in her-view nowadays
almost everything, indeed can be left to ,
the instincts f race, and none of her
race, that have? already turned out bo well; 1
are going astray now, or going t sural
out anything but well jn the future; and :
thus she can know of .scrapes, and vexa-
tions and grievances and intentions, and
in-some measure lead them safety through,' '
while other ears never hear of them, un
less she, in her turn, gets confiding, , And
the owners of the other ears do not get ,
jealous of this; they regard it as some
thing in the course of nature; if they are
ever grandparents, they too will come jto
the same fate;; and; they know too soon
the old ears beneath the dull clod will .be
closed to all confidences, whether of joys
or sorrows, and grudge them nothing, if, '
indeed, it is net a part of their own pleas-' .
ure to see the occupation and mystery .and
happiness and mutual understanding of .
those who, on the one hand, have so little
before them, and, on the other, so much
less behind them. If all the old ' grand-'
mothers in the world took to themselves
reflection of this value, of theirs, and of
their value, moreover, in softening .influ
ence on the jfeeling8 of the little folk
about them in rendering them comfort and
being of some actual service to them, they
would never think of wearying of life, or
of calling themselves a burden to any, ' ..
And with ail the rest, while the grand
mother sits in; the house, to the children 1
belongs a sensation that the house and the
home are indestructible, rock-ribbed, and'
ancient as this sun always was, and al- .
ways will be; and with her departure on
her long lastMourney comes usually the
first breaking-down of the wall between '
them and the unknown gulfs of the eter
nities, and tie great chill -of the dark
mysteries flows over them, and; takes
away something in its ebbing that never
returns to them. .
-4
the Norfolk bank.
Tne Receive tali Responsible Poonl.
Norfolk Vlrjrinian.J
The bill of !Receiver Peters, of the Ex
change National Bank, filed in the United
States Circuit Court, contains a terrible
arraignment of the officers and directory
of the closed bank, and places upon their
1 U it. ' .,.. .1 . .
Bnouiaers mcr responsiDiuiy oi me mis
deeds that caused the suspension of that
institution. It is an official utterance,
containing specific charges, which impli
cate Mr. John B. Whitehead, the late
president, and Mr. George M. Bain, the
late cashier, ith his brothers, Robert T.
K. Bain and James G. Bain, in a series of
transactions and for which they should be
held to a strict accountability. The bill
also charges ithe directory of the bank
(aside from tjbe president and cashier) of
negligently and faithlessly, and in viola
tion of their duty as such, permitting tbs
sole care and management of the said
bank's affairs to be exercised by the said
president and cashier." It charges' the
Bain brother of wilful, fraudulent and
unlawful conspiracy "to obtain the moneys
of the Exchange Bank, as a loan to them
without any security, "and that the cashier
of the Exchaige National Bank aided the
conspiracy to defraud by permitting the
loans without security, "from all of which
grossly negligent, reckless and fraudulent
mismanagement of the affairs of the bank
have resulted its present insolvency,
suspension and ruin," and that after thus
securing the- moneys ol the .Exchange
Bank, and . after its suspension, the Bain
brothers fraudulently made a deed of trust,
when they knew they were insolvent, and
with "the intent to delay, swindle and
defraud the Exchange National Bank." .
FIDDLE; FLUTE, PIANO, CHESS
, I ,
No Longer the Cnlef Diplomatic Duties.
rjew York Herald.
One of thje clauses in the instructions
now issued to dislomatic and consular of.
fleers reminds them that it is their duty to
communicate all important information
that they secure to the State Department. '
They are reniinded that it is not of much
value to thisf country to have representa
tives abroad if they do not keep wis coun
try thoroughly informed. One would not
suppose that such a reminder is necessary,
but it is. There have been many repre
sentatives of this country abroad who have
not, on an average, sent the State Depart
ment three letters or reports in -a, year.
Some of those who are abroad to-day have
been very " delinquent in this particular. '
The State Department needs something
else from its agents abroad than that they
shall simply live in a house over which oc-
. i , '
casionaiiy an American nag is aispiayea.
The theory is and it has been but a the
ory heretofore in many instances that
thev shall keen the State Department thor- ,
oughly advised and shall gather and col
late important statistics relating to com
merce in its Various phases as well as mat
ters of other general interest, political and
commercial. It is said that Secretary ,
Bayard intends that this theory shall be ;
practically carried out m the future.
- I
Conananlonanle Father nnd Son.
Detroit (Mich.) Free Press. .
I know almost estimable father who is
on first-rate iterms with his own son. That
shouldn't be; a remarkable thing, Yet I fear "
it is not just as common as it ought txTbe.
They are, as1 it were, boys together. . He '
has never whipped that boy. He admit
ted to me that he would have felt badly if '
the boy, haying the power, had thrashed
him, so he isaw no reason why he should
not respect ithe boy's feelings Jn this mat
ter and not take advantage of the advan
tage a father has over a young son if It
comes to physical encounter. This is
certainly a magnanimous view to take, and f
the son has, grown to be a fine young fel
low, whose; conduct quite refutes the say
ing of Solomrn. They occasionally relax
into conundrums for amusement,- and here
is the Utest. t They were talking of co
coons. "Why are cocoons uk knot-holesT" ;
was . the question. The younger., had to
give it upland, after the fashion of the '
end man, repeated : ' " Why ; are cocoons r
like knot-holes t " ; . Because they are not
llee,:wa.thaieply
TltrorTaU
-.y.vir.i.
Boston Courier. iifi':
The girls of Minneapolis have a club
.'with tho.ia)ottOf ..stt: j:-.'tfe-S ?. .
tTh Htm that touch wttwt . . V
will never touch mine.".
And thef young men have formed an op-
positioa club with the motto ' ' ' i
r or lips red with dye "
We never will sigh."
:r.A'
J...