THE BUBAL NEW-YORKER. 
439 
“ Every Man is presumed to know the Law. 
Nine-tenths of all Litigation arises from 
Ignorance of Law." 
SETTLEMENT OF AN INTESTATE’S ESTATE. 
T. S. M., Newark, N. J. —My grandmother 
who died seven years ago, without leaving a 
will, owned a farm in this State and consid¬ 
erable other real property besides some 
personal property. The heirs now are my 
three aunts, and two children of a fourth 
aunt who died since my grandmother’s death. 
These children are 15 and 13 years old. In 
my opinion the property does not bring in 
one-third as much income as it ought to bring, 
under proper management. How can it be 
settled? Can it be sold by auction? It not, 
how can I compel the other heirs to make it a 
source of the income it ought to bring? 
Ans.— In the settlement of an intestate’s 
estate, the first step is to secure the appoint¬ 
ment of an administrator. The Surrogate of 
tue count} in wuich the deceased resided at 
the time of his or her death, has power aud 
authority to graat letters of administration, 
and application should be made to him. The 
administrator having been appointed, it be¬ 
comes his duty to collect the effects of the es¬ 
tate, pay the debts, aud under direction of 
the court make a just and equal distribution 
of the personal estate. He may sell personal 
property at auction after advertisement of 
the sale. Any one being a co-partner, joint 
tenant or tenant in common, in New Jersey, 
may apply to auy Justice of the Supreme 
Court, or of the Court of Common Pleas,in the 
county wherein tue lands lie, for a partition of 
the real estate. Three commissioners will then 
be appointed to make the partition. If it 
can be done without prejudice to the interests 
of the owners, the laud will oe sold and a dis¬ 
tribution of the proceeds made. Alter parti¬ 
tion or sale and distribution, each owner may 
make such use of h>s part of the property as 
he pleases. 
LIABILITY OF THE POSSESSOR OF ANIMALS. 
N. C., lireesport, N. Y. —A let a farm on 
shares to B witn a lot of cows. B’s 23-year- 
old sou has a rather vicious dog which bit a 
Hue Jersey heifer on the shoulder and pulled 
off tue tails of tour cows while driving them 
some time ago. This the son admitted. A 
remonstrated with B for letting such a brute 
remain arouud ms premis-s, and then attempt¬ 
ed to shoot ti>e dog; thereupon B’s son 
threatened to snoot a cow, and no restraint 
was put on the dog. Since then the dog has 
bitten off the tail of a very fine Holstein 
heifer. Neither B noi his son is financially 
responsible. Has A auy remedy? 
Ans. —If the dog is not licensed anybody 
can kill him with impunity. Such a brute is 
also a public nuisance, aud as such any court 
wil order his execution. If the son were to 
carry out his threat by killing a cow,he could be 
criminally prosecuted for malicious mischief. 
If B were financially responsible, there would 
be no difficulty in legally collecting from him 
actual, if not exemplary damages for the in¬ 
jury done by the dog. In some of the States 
•double or triple damages are awarded in such 
■cases. The circumstance that the brute be¬ 
longs to his son, would make no difference 
with regard to B’s liability for damages. 
Not only is the owner of an animal liable for 
us acts; but one who harbors it or allows it 
to remain on his premises or to resort to them 
is also liable; that is, one is liable who having 
control of a house or premises, suffers or per¬ 
mits such an animal to stay on the premises 
in the way such domestic auimals are usually 
kept—as a member of the family, so to speak. 
DUTY OF CUTTING WEEDS, ETC., ON 
HIGHWAYS. 
T. M. S., Lawrence Count i/, Ohio. —A great 
number of weeds are nourishing along the high¬ 
way near my farm; must 1 cut them down to 
prevent the seeds from infesting my laud, or 
is it not the duty of the road supervisors to 
do so? 
Ans. —It is certainly the duty of the road 
supervisors to cut the highway weeds. The 
Ouio law provides that the road supervisors 
shall cut down aud destroy all weeds, burrs, 
bushes aud briars growing within any county 
or township highway, in June aud August 
each year. They may allow a laud owner a 
reasonable compensation for destroying the 
pests in the roads on which his laud abuts, 
aud credit the amouut on his road tax for 
the year. The compensation must be fixed 
by the supervisors before the work is done; 
but if auy one does the work before contract¬ 
ing with the supervisors for it, he cannot 
compel the supervisors to grant him auy 
credit for it. The superintendent of auy turn¬ 
pike roud on which toll is charged, must cut 
down all such pests growing within the turn¬ 
pike, and if he neglects to do so before Sep¬ 
tember 1., the trustees shall cause the work to 
be done, and they have a right of action 
against the turnpike company for the amount 
paid for the lab jr, together with a penalty of 
100 per cent, to be recovered before any jus¬ 
tice of the township. 
iOarioiis. 
“DID NATURE MAKE A MISTAKE IN 
THIS ARRANGEMENT?” 
HENRY STEWART. 
Wastes of Nature ; definition of Nature ; 
enormous wastes of vegetable and animal 
life; races created to be the prey of others ; 
wastes of the human race ; wastes of worlds ; 
Does Nature make mistakes? Is Nature an¬ 
other name for Ood? Are “ wastes ” of 
Nature mistakes only to our finite minds? 
The Rural asks the above question in its 
editorial columns in regard to the valuable 
feeding qualities of the cactus of the West,— 
the " prickly pear ” I presume is referred to— 
and its formidable spines by which its use— 
its only valuable property—is prevented. 
What a pertinent and far-reaching question 
this is! It has been occupying my mind for 
some time past, as I -have been studying the 
various phenomena which may be aptly class¬ 
ed under the term “the wastes of Nature.” 
To consider this question will afford a vast 
amouut of useful study and thought for every 
man, woman and child; for all are interested 
in these wastes, and the human mind is most 
powerfully attracted by the mystery resting 
at the bottom of it, which may be material¬ 
ized to the mind in the question “ What is 
Nature?” Nature may mean different things 
to different minds; but I think all may untie 
in accepting this view of it; viz.; it is that 
supreme power, law, force, or personality, as 
it may be to different persons, by which what 
we call uatural processes, or the preservation 
and progrtssFve condition of ihe Universe, and 
with it all that it contains, were originated and 
are continued. Assuming this grand power, 
against which every living thing is powerless, 
to be the controlling force for good or evil, 
we ask, is it good or evil; or both good and 
evil; and does it make mistakes, and waste its 
energies in useless or disastrous and some¬ 
times cruel blunders? Those abundant beds 
of cactus which one sees all over the driest 
and most arid Western plains, are full of life- 
giving nutriment aud water, aud sufficient of 
themselves to nourish and sustain vast herds 
of cattle which may be perishing of starva¬ 
tion and thirst, were it not that Nature, 
which is supposed aud believed to be omnis¬ 
cient, all-wise, and entirely good and bene¬ 
ficent, has adorned the plauts with the cruel 
spines that effectually repel the eager animals 
from the stores of food aud water contained 
in them. 
During the last few weeks, a withering frost 
passed over a large part of the Southern coun¬ 
try destroying every apple and peach blos¬ 
som and fiuit bud, aud the young corn and 
wheat; six weeks of dry weather, excessive 
heat and drying winds nave all but destroyed 
the grass; tue quail and partridge nested and 
the young birds were nearly hatched when a 
cold, sweeping rain storm flooded the country 
aud destroyed the broods. These are but 
minor instances. Millions of seeds are pro¬ 
duced by plauts of which but one in millions 
becomes effective. One race of animal life 
subsists only to be devoured by another, and 
even the human race is subjected to this pre¬ 
vailing- -shad I say mistake ? An account of 
the African slave trade recently published in 
one of the leading monthlies, gives au amaz¬ 
ing picture of this seeming fruitless uud des¬ 
tructive mistake of Nature aud of iis awful 
waste of human life. One single raid of the 
brutal, bloody savage Arab hordes upon the 
negro couutry depopulated a district as large 
as the whole of New England, aud turned fer¬ 
tile fields and populous villages into a silent 
desert, with ouly its sileuce appealing to rea¬ 
son aud human sympathy, by calling attention 
to the desolated fields, charred ruins, aud 
bleaching bones, as the ouly rtsidue left of 
what was previously the homes ot two million 
human beings living in peace, comfort aud 
happiness, ail unsuspicious of danger until ihe 
nigut attack of the slave catchers and their 
murderous bullets aud swords brought death 
aud destruction. Of this population all were 
slain suddenly or perished in the most miser¬ 
able maimer during the march to the slave 
markets, except one-quarter of one per cent, 
of them; one young man, or girl, or useful 
woman or child ouly out of 400 souls surviv¬ 
ing the horrid “mistake of Nature.” 
Bo the fruit grower kills myriads of insects, 
which, were they let alone, would reduce him 
to starvation, and on every hand we find de¬ 
struction of life that has been produced at 
great cost of energy and natural force, 
through parasites of all kinds down to the 
infinitesimal microbes, incomprehensibly vast 
in number and effect, which produce fatal dis¬ 
eases and feed upon the life of both plants and 
animals. Everywhere we see the most lavish 
waste where we might be led to look for a 
wise economy of force or energy, and the 
mind’s eye, looking through the glass of 
science towards the oartn’s inevitable ending, 
sees the final destruction of every living thing 
upon it, and a dead world, a ruin—such as is 
the moon—coldly, and we may think, uselessly 
“ walking ” along its endless path, giving use¬ 
less brilliance to the cloudless nights of a 
useless satellite, and as far as we know, 
equally useless adjacent planets. 
Has Nature made miscakes? Are all these 
instances, and numberless others to which the 
mind may turn, evidences of something 
wrong in ihe arrangement of the Universe? 
Are all these things that are apparent to the 
thoughtful mind, the origin of the belief, in 
the primitive man, of the existence of an 
Evil Spirit whose malevolence blasts the 
intended benevolent fruition of Nature, and 
turns what might have Deen good or useful to 
something injurious and worse than useless; 
a belief which has come down to us through 
unknown ages of transition as the idea of 
something evil which exists as a controlling 
force impossible to be resisted without super¬ 
natural help and which has taken the form of 
a Devil, to the human mind? 
That there is a vast amount of—evil—as we 
term it; but let me say, of mistaken and mis¬ 
directed force—in the Universe no one can 
deny or doubt. The very creeds of the ortho¬ 
dox churches have this idea embodied in 
their confessions of taith, but whether it is a 
mistake on the part of Nature (ca 1 this a 
Creator, a law, ora force, as men may; it 
differs notin the principle involved) or a well 
defined purpose of the Creator or the power 
which originated the supreme and resistless 
forces which control the whole UDiverse (either 
view is as grand and sublime and as truly re¬ 
ligious as the other), we cannot now tell. 
Let us hope we may be able to do 
so in another and future life when 
such things may become clear to us and 
the true and high destiny of the human mind 
and intelligence may be reached by its full de¬ 
velopment. If it were otherwise, and the hu¬ 
man soul were doomed to extinction as a 
dead plauet or animal, then, indeed, we might 
fear that Nature had made a mistake in deny¬ 
ing to mankind an intellectual development 
for which the human soul yearns, and for 
which it lives hopefully through a life fretted 
and filled with blasted hopes,disappointments, 
cruel mistakes, and sins and suffering the 
unerring punishment which so quickly fol¬ 
lows these, aud causes untenable sorrows and 
pangs. But Nature 1 think has not made 
this mistake, and perhaps the thought that 
it has made any blunder at all is a mistake of 
our own imperfect intelligence. 
CATALOGUES, ETC., RECEIVED. 
U TAH ASA STATE.-This is a copy of 
the report of the Committee on Terr l- 
tories to the House of Representatives. It 
presents, in a condensed form, the arguments 
for and against the admission of Utah. It 
looks as though the Committee tried to make 
a special plea for admission. In the matters 
of population, wealth, educational advan¬ 
tages, etc., etc., it is very likely that Uiah is 
entitled to a place among the States. Tne ex¬ 
istence of polygamy and the power and teach¬ 
ings of the Mormon Church on that subject 
are the great objections urged against admis¬ 
sion. This Committee would evidently have 
the public believe that these objections are 
not so serious as is generally understood. The 
R. N.-Y. does not believe that the American 
people will agree with this view. It seems 
likely to the R. N.-Y. that with Utah main¬ 
taining a State government, the power of the 
Mormons for mischief would be greatly en¬ 
larged. 
Ensilage and Silos.—E W. Ross & Co., 
of Springfield, Ohio, have issued two very 
attractive volumes that farmers will want to 
read. One of these namphlets treats of the 
famous Ross silage aud fodder cutter. Our 
rt aders will remember that a good propor¬ 
tion of those who contributed to our short 
symposium on the cost of eiisilage, are using 
tne Ross cutter. Au examination of this 
pamphlet shows very plainly why this cutter 
is popular. Every part of the machine is 
carelully illustrated and the reader is con¬ 
vinced that It is strong, durable and effective. 
We consider this circular a very effective 
advertisement because it so clearly points 
out what it aims to show. The other pam¬ 
phlet is a compilation of letters and essays on 
the subject of ensilage. This system is quite 
young yet, and new developments are con¬ 
stantly being made. Even the man who 
thinks he knows all about it can le°rn some¬ 
thing from this admirable volume. 
The White Mountain Freezer. —Circu¬ 
lars from the White Mountain Freezer Co., 
Nashua, N. H. We would like to have some 
one tell us why ice-cream should not be served 
in the farm house ? Ice-cream, as we eat it, is 
a more healthful food than cake and does not 
cost much more either. By the use of the 
White Mountain freezer the labor of pre¬ 
paring it is reduced to a minimum. We would 
like to see one of these freezers in every good 
farm house in this country. They are de¬ 
signed for cold work, but they will be the 
means of wonderfully warming up the family 
happiness. Our readers will not be able to 
find any better freezer than this. You need 
one. Send for this circular and see if we are 
not right. 
Metal Railway Ties.— Bulletin No. 3, 
Forestry Division, United States Department 
of Agriculture. In this bulletin may be 
found some valuable information on the use 
of metal ties on railways as a substitute for 
woodf n ties. It appears that 256 patents for 
such ties have already been taken out in this 
country. While American railroads have 
done little besides experiment with the metal 
ties, European railroads have quite generally 
adopted them. The first cost of the ties is 
considerably greater than of those made of 
wood, but they last longer, are safer and are 
lighter and more easily handled. From the 
statement made in this pamphlet, we should 
say that the timber demanded for railroad 
ties need never cut any serious figure in for¬ 
estry matters. 
Some Late Words About Louisiana.— 
This pamphlet is issued by T. W. Poole, Com¬ 
missioner of Immigration of Louisiana. It is 
a special plea in favor of Louisiana as a home 
for Northern immigrants. It is a good thing 
to read before making an investigating trip 
to that State. 
Massachusetts Experiment Station.— 
Bulletin No. 134 discusses a variety of topics. 
Prof. Humphrey is endeavoring to throw 
some light upon potato scab. He sends a list 
of questions that farmers are requested to 
answer. These questions refer to different 
fertilizers, different methods of planting, etc., 
etc. The creamery record of the Station for 
lb87 and l'SS affords a basis for some inter¬ 
esting figures. A good many farmers are going 
into dairying because they believe that when 
butter is sold from the farm it takes less of the 
fertilizing elements than are taken in any other 
farm product. This seems to be a general 
belief among farmers. The figures given in 
this bulletin show how true this belief i3. 
Here it is shown that in selling the cream 
from the farm but 3.05 per cent, of tne total 
fertilizing value of the feed was sent away. 
If the butter were ma le at home this propor¬ 
tion would be even less. W r hen whole milk 
is sent away from the farm, 20 per cent, of 
the fertilizing value of the feed goes with it. 
Consular Reports.—No. 102 contains a 
variety of interesting master. The Congress 
of the Central American States is described. 
There is also quite an interesting account of 
the Industries ot the Argentine Republic—a 
country that is attracting world-wide atten¬ 
tion now. Brazil is another country that is 
calling for immigrants. Rubber production 
on the lauds along the Amazon offers a field 
for American energy—though we believe 
there is still ample space for this energy at 
home. 
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