KENTUCKY. 



425 



But the word white, as found in our jury laws, be- 

 ing now declared to be no part of that law, it will be 

 incumbent on all officers charged with the duty of 

 selecting or summoning jurors to make their selections 

 without regard to race or color ; and when jurors are 

 hereafter selected and summoned, it ought to be pre- 

 sumed that the officers did their duty and ignored the 

 statute so far as it is herein held to be unconstitutional, 

 and that they have not excluded any person from the 

 jury on account of his race or color. 



We do not mean, however, to be understood to say 

 that a negro can not be lawfully indicted and tried un- 

 less the jury is composed in part of persons of his own 

 race. All we decide is, that such persons must not be 

 excluded because of their race. 



In the case of the Commonwealth, appellant, 

 vs. Isaac Wright, it was decided that unconstitu- 

 tionality of the law excluding negroes from 

 juries could not be put in plea by a white per- 

 son, as it does not deprive the members of the 

 favored race of the equal protection of the law, 

 following the decision in Marshal vs. Donovan, 

 in which a white person undertook to raise 

 the question whether the exclusion of negroes 

 from the common schools was not unconstitu- 

 tional. 



A suit brought in the Court of Common 

 Pleas by William Browne against Watt Young, 

 for services rendered in securing the pardon by 

 President Hayes of the son of the latter, con- 

 fined in the Penitentiary at Joliet, was dismissed 

 by Judge Smith, on the ground that it was con- 

 trary to public policy to allow a recovery at 

 law for services of that character. 



Judge William L. Delaunay, in a supple- 

 mental charge, called the attention of the 

 grand jury at Bowling Green, November 9th, 

 to the publication of the Willard Hotel lottery 

 advertisements, and so instructed them that 

 they brought in indictments against the pro- 

 prietors of five of the leading newspapers of 

 the State. The Legislature, in 1879, passed a 

 special act authorizing the owner of the hotel 

 to dispose of it by lottery. In the advertise- 

 ments money-prizes were added, contrary to 

 the act. By a general statute lotteries of all 

 kinds are prohibited, and by another their ad- 

 vertisement is forbidden under the same pen- 

 alties. The case never came to trial, as the 

 Governor interposed his pardoning power, and 

 relieved the newspaper owners of the penalties. 



An act passed in April, to repeal the charter 

 of the Green and Barren River Navigation 

 Company, was decided by the Court of Ap- 

 peals, October 29th, to be unconstitutional, on 

 the ground that the charter granted in 1868 

 was in the nature of a contract, requiring the 

 company to keep the navigation in repair for 

 thirty years, for which they gave bonds; and 

 the judgment of the lower court was affirmed, 

 to the effect that the possession of the dams 

 and locks leased to the company, and the 

 privilege of collecting tolls granted in the 

 charter, could not be taken away by the action 

 of the Legislature without compensation. 



In the case of the Newport and Cincinnati 

 Bridge Company, appellant, vs. R. W. Woolley, 

 the claim of the latter for payment for legal 



services was resisted, on the ground that the 

 company, which was chartered by two States 

 to construct the bridge to the limits of their 

 several territories, had no legal existence, and 

 that the Ohio corporation, which was sued, 

 had not employed appellee. The Court ruled 

 that the two companies were in partnership, 

 and each bound by the acts of the other. 



In the case of W. G. Strubbee vs. Trustee 

 Cincinnati Southern Railway, in the Court of 

 Appeals, the judgment rendered in the lower 

 court, allowing plaintiff, who sued for specific 

 recovery of wood taken by trespassers from 

 his land, and sold to the company in the form 

 of railroad-ties, only the value of the timber 

 in the trees, was reversed, and judgment for 

 specific recovery awarded. 



An organization called Regulators commit- 

 ted many excesses and violations of law in the 

 counties of Boyd, Lawrence, and Carter, kill- 

 ing people, breaking open jails, etc., in the 

 name of popular justice. It was remarkable 

 among vigilance associations for the extent of 

 its membership, and the power which was ex- 

 ercised by it over a large extent of country. 

 It finally broke up of its own accord, 200 men 

 giving themselves up to the civil authorities in 

 the town of Louisa, and furnishing the names 

 of 800 others of the same county. 



The coal product of Kentucky mines, not 

 including ''neighborhood diggings," or small 

 mines worked by farmers and others for local 

 consumption, was reported to the census offi- 

 cers as 1,060,095 tons, valued at $737,966 in 

 1880, an increase in ten years of over 600 per 

 cent, in quantity and of 165 per cent, in value. 

 The wages paid aggregated $766,236, against 

 $278,411 in 1870; the number of hands em- 

 ployed 2,977 666 men and 53 boys above 

 ground, and 2,078 men and 180 boys below 

 ground, against a total laboring force of 714 

 in 1870. The capital invested was $1,833,347, 

 against $717,950 at the time of the last census. 

 The coal-measures of the State have been made 

 the subject of recent researches of Superin- 

 tendent John R. Procter, of the Geological 

 Survey. The district in the southeastern cor- 

 ner of the State, between Cumberland Moun- 

 tain and the Virginia line, is .said to be a min- 

 ing region of unsurpassed richness. The coal- 

 measures are over 2,000 feet deep above drain- 

 age, and contain all varieties of coal. Some 

 of bituminous coal, which is sometimes found 

 in beds eight feet in thickness, gave 62-69 per 

 cent, of coke on analysis. Cannel coal occurs 

 in places in beds four feet thick. Railroads 

 are being built into this rich district. Iron is 

 found in great quantities in immediate prox- 

 imity to the coal-beds. It might be smelted 

 with the high-grade North Carolina ores, 

 which now go to Pittsburgh. The timber sup- 

 ply is unequaled, particularly of black walnut 

 and poplar. 



The bulletins of the Census Bureau give the 

 total population of Kentucky as 1.648,599, di- 

 vided into 832,616 males and 815,983 females; 



