PERTINACITY AND SUCCESS - A gentleman residing in the vicinity of a magnificent mansion in this town, said to harbor the person responsible for the panic now affecting monetary interests, tells an amusing anecdote, illustrative of the good resulting from pertinacious endurance in demanding justice under adverse circumstances. On Wednesday morning a German woman called at the door of the castle - every man's house is his castle - which was opened; a few moments conversation ensued, and the poor woman was rudely repulsed, and the door shut in her face. Nothing daunted, however, she kept her place upon the step, and commenced a vigorous attak [sic] upon the bell pull and the door panels, with an occasional resort to her vernacular tongue, in short and pithy speeches. For two mortal hours she remained there, alternating from the bell-pull to the Teutonic, and from the Teutonic to the door panel. She talked, rang and hammered, hammered, rang and talked, talked and hammered. For a wonder, she did not raise a crowd, passers-by evidently taking her for an asker of alms, and not pausing to learn the tenor of her remarks. At the end of the two hours, however, the door was opened, a head protruded, a business transaction was evidently consummated, and the poor woman turned, slapping her hand on her skirt pocket, and one broad smile from head to foot, to pursue her way up the street.
The beleaguered garrison had clearly capitulated, but the process of the besieger was unique and amusing. Let those laugh, however, who win.
At a special meeting of the citizens of the 4th, 5th and 6th wards held at Weimar's Hall, corner of Batavia and Michigan streets, called by hand bills, for the purpose of informing all the land-owners and tax-payers of the above-mentioned wards of an enormous tax assessed on the territory forming the old 4th ward of the city, except Judge BENNETT's property, and for the purpose of abating said tax, which the tax-payers interested in the Batavia-street market consider erroneous and unjust. DR. DELLENBAUGH, of the 5th Ward, was called to address the meeting, The speaker most eloquently explained the above tax erroneously assessed, also the rights of the tax-payers as well as those of the Common Council, according to the city charter; also he understood that part of the Council are willing to confirm said tax roll, whether right or wrong; if so the Council ought to be prevented from doing so, by an injunction so that they may not do wrong, if they cannot do right. Also that some honest individual, who is familiar with the city charter, might be employed to observe the operations of the Council, and there protect our rights, if some of our Aldermen will not do so.
On a motion of Mr. J.W. Wenz, resolved that Dr. Dellenbaugh propose a suitable person to observe the movements of the Council, and to protect our rights. Dr. Dellenbaugh proposed ex-Alderman Baker, and recommended him as the most suitable gentleman for that purpose. Unanimously adopted.
On a motion of Mr. J.W. Wenz, a committee of six were appointed to draw a remonstrance relative to the assessment in question. Said committee are - Messrs. Dr. Dellenbaugh, Peter Rechtenwalt, Frederick Zinns, Geo. Milner, Jas. Sirret, Christopher Rodenbach.
On a motion of Dr. Dellenbaugh, a committee of five was appointed to confer with other wards of this city. Said committee is - Messr. Geo. Milner, John Greiner, Dr. Dellenbaugh, J.W. Wenz and Fred'k Zinns.
Mr. Geo. Milner also addressed the meeting very eloquently.
On a motion of PETER RECHTENWALT and others, the following gentlemen were appointed to obtain signatures to the remonstrance, viz:
On a motion of Dr. Dellenbaugh, the meeting adjourned to meet at Weimar's Hall next Friday evening, November 17th.
*Transcriber's Note: The October 4, 1854 edition of The Democracy, in listing the new trustees elected to the Board of St. Louis Church, lists the name as Michael Mesmer.
THE TRUSTEES OF THE ST. LOUIS CHURCH AGAINST STEPHEN BETTINGER, is the title of a cause recently tried in the Erie County Court, a decision in which was rendered by JUDGE SHELDON a day or two since. The action was brought to recover the amount of pew rent due from the defendant, who set up in defense the want of property in plaintiffs, alleging that it was in the Bishop instead. The original deed from LOUIS LE COUTEULX to BISHOP DUBOIS, of the land on which the church is erected, was introduced, and JOHN TIMON was proved to be the legal successor and the present Bishop, a new diocese having since been formed, including within its limits this Church. The rules and canons of the Church were also introduced, to show the property of the Bishop in the Church. It will be seen, therefore, that the case hinged upon the much agitated question as to the vesting of Church property in Trustees or Bishops. The learned Judge, after reviewing the facts tending towards the establishment of the legal existence of the Church and the formal holding of the plaintiffs as Trustees, says:
"I find as a matter of fact proved, that the defendant rented and occupied the seats in question, in the manner and for the price claimed and above stated, and the only point remaining for consideration in this connection is, whether the defendant as tenant can dispute the title and right of the plaintiff, and the legal effect of his tenancy, when taken in connection with all the other evidence in the case, is now to be decided."
"Having leased the premises, he is bound to respond to his agreement upon two principles, first, that he agreed to do so, and did use and occupy; and second that he is estopped from denying the legal consequences and liabilities of his acts.
The plaintiff must have a judgment for the use of the seats at the price stipulated, for the term of six months."
Saturday, January 20, 1855
Senate - Friday, January 19
STREET HAWKERS - We never before knew as many itinerant hawkers in our streets as at present; the town is literally overrun with boys and girls, and not without some sprinkling of larger and older people of both sexes, who present their baskets at every turn, and urge upon the public their apples, nuts, oranges, candy, matches, and so forth. From the morning to night our office is beleaguered by hosts of these peddlers, and we presume every place of business in town is similarly visited. If one give the least encouragement to a member of the class, by purchasing a penny's worth of their wares, a chronic bore is at once established, which no future refusal can remove. It is a toilsome, painful method of making money, and can not yield a large revenue, yet it is an honest calling, and, aside from the annoyance it causes, is far better than beggary or idleness, for the children's sake as well as the public good. Most, if not all of these hawkers, are of foreign extraction, and a great proportion, far the largest, are Germans. Wherever industry, thrift, and the aggregation of small profits promise success, there we find the inevitable German, patiently laboring, saving, and stinting, and by-and-by, we hear of him paying his taxes and taking part in politics, this very town is not so young but that it can show numerous instances among its German population, of men arrived at affluence and respectable standing, who began the world with a shingle of molasses candy, or a basket of apples. How different from the Celt, who knows no thrift, and cares not a straw for the morrow.
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