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The Memphis appeal. (Memphis, Tenn.) 1886-1890, December 30, 1886, Image 4

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V voatrlbatera Cerwipoa
ta. t t i hMklUatUM Innil ha
wriuan ob on lid of tba page only. nt,
with all other matteri connected with tbe
o.titorial department, eboul be addreeae J :
To thi EoiTOBOr laaArriai., Alouiphii,
Tenn. , .
We cannot, u rnle,inderege to return
ruolei sot found auitable tor pul'lloation.
Oor ntil book! ara kept by poiloffioei. and
not h? Individual imh,
We lultcit letter and communication! npon
nbMtitf ganerU Internal, but inch muat
"alwayi M aooompncied bj the name and
. aKtrfnum nf Iba writer, a a max en tee of hi
arood faith and reiponaibllity. Ho nolle
nana taken ot aniaymoui eomninnloa
tioot. la orderlig paper! changed from onepoit
ofiloe to another, lb nam! of both pott
ffleeiihould be riven, '
Pp"1ma eoptee lent fr of charge.
BuitaM leture tbnnld bo eddreaaed '
V. 0. OtLLAWaT. I Second itreet,
J. M. Khatiho. f Mnmi.Mn. Tenn.
TIUJUSDaY, s : DtC. 30, 188.
N II. Oil AN.
To got a prohibllioa law apon pa
per, even with the authority of legis
lator and Governor, fails to prohibit,
because it is not enforce J. Such a law
appears like a chip tent to sea 'with
out crew or cargo. The agitation set
on foot secures the passage of the law,
bat the earnestness that secured the
fiawage of the law appesri to snbeide
when the paper document is signed,
and as law cannot administer itself,
in one way or another it fiila. Efforts
to wain the law effective at Atlanta
are met by the daily arrival of jugs of
liquor purshised outride of the State.
In this way between 4X00 and COX)
qnarta arrived in that city one day last
week. In Ohio what ii called the
Dow law is producing practical re
sults. Licenses are put so high as to
shot out the low, vicious dons, and
the temtlnder can be kept well nnder
police control. In the country (dis
tricts the Ohio people can keep away
all saloons by local option, If they de
sire. The actual effect of the law
can be judged of by the great
efforts the liquor dealers, wholesale
and retail, make to defeat it ; they
denounce it with bitter wrath, and
re now preparing to appeal to the
United States Supreme Court against
It Strange as it seems, the prohibi
tion people oppose and denounce the
Sow law m fervently and as bitterly
as the saloon people. This baa the
appearance of bad policy. If the Dow
law does not give all the prohibition
ists desire, It gives muoh, and that
much Is an advance, and looks like a
preparation for ultimata prohibition.
Local option Is prohibition, as far as
it extends. Let the teal that secures
prohibition laws be used to extend It,
and prohibition, instead of coming
"thick end first," would come gradu
ally, securing district alter district.
As long as the temperance cause wai
an appeal to the good sense and moral
feeling d the peop'e it became popu
lar. Binoe then a policy of coercion,
of driving the poople whether they
are willing or not, is weakening the
cants with many. The advocates of
prohibition would certainly do well to
review ttieir poury, uuiess itiey are
willing to play into the hands of their
The Alps have been pierced by tun
nel?, giving the countries of Uermnny
ana Bwilafrland ready access to each
other. Instead of cllmbiuK the moun
tains at much htlgue, expanse, and
loss of time, trade haa opportunity lo
carry on its cpera'.Ions at a moderate
outlay and comparatively free from
obstruction. To reasonable minds
this looks like a great gain, but here
comes in a piece of policy that nothing
an make appear reasonable. Custom
houses are put at each tunnel's en
trance, which causs obstruction to
trade, and duties are collected which
add to the price of the commodities
traded in. Tunnels cut to escape oS
Sti action and custom hounrs bnilt to
eanso ots'.ructlon; mountains pierced
to cheapen traluo,thon high tariffs put
on to make It dear! Could anything
be more absurd? Yet at the cloning
of the nineteenth century we have
got no farther than to perpairate such
acts cf folly. Wo build steamers, aud
railroads, andjelevators, and telegraph
lines, and bridges to remove obstruc
tions and rhcapon price?, then p'ace
cujtoui houeos and imp ro a high
tar IT that theie may be both obstruc
ts ua aud big prices ; that is as far as
1Uo iiitellionce of the United States
Una advanced. These contradictions
are so enormous that when people
kuvo ontgrowu them they will wonder
how ever they ctuld have been perpe
trated, da there b any difficulty,
"with such facta before him, for any
reader to doubt ae to whether Con-
grots onght or ouglt not to reform oar
tariff when It reassembles?
' Tho present eesMon of Congress will
be a short one, but a sufficient degree
of a-jtiv ty has boon shown thus far to
lndate the hope that S)me soundly
useful, measure will bs effectually
acted npon. Among other boards and
exchanges a large portion ot the busi
ness world i anxiously hoping that
the Lowell bankrupt bill will become
a law. The powerful approve' of that
measure by the New York Biard of
Trade has draws fresh attention to
the tub oct, aid Increasing bank-
rn ptcies i a som Sou h t rn IocaIi lies are
I rwsing tbe matter upon tho consider
itiono'.tle merchants cf the lotr
Mi-ss'ssipp'. As tini goes on, the
p.-v a iar e ffect of the "preferred" sys
tem excite s dissrnet wto vexation more
and more. Tbe varying syttenu of
the different State also cause much
annoyance. The New York Boaid
foriiies its approval of the Lowell
bill by saying that "ioasmuch ai said
bill, which formed the material
pattern for the British act of
1883, baa received an usqueetlon
able indorsement for its irctica-
bllity and worth, as presented by tbe
recent raport of the English Board of
Trade on tbe ope at'on of the Brit'sh
act of 1833, allowing that the number
of h solvencies have been reduced
about one-half under said act, while!
the assets have been proportionately
greater than the dividends declared
and paid, larger than nnder preceding
acts, and which emphatic indorse
ment of tbe plan of the Lowell bill,
after England's test of such plan dur
ing the past throe 73srs, affords the
beat and most satisfactory evidence of
the Lowell bill." If our own ex
changes agree with New York npon
this sol ecr, Congress should be made
sensible of the fact at its reanoem-
At this season of the year appeals
corno tilck and fast npon tte public
I) help t lies j of limited nr-ans to
escape the rigorous effects of tho win
tir. There Is oue way in which tho
kindly Inclined public could do more
giod to the poor of the TTniteH SUtos
thun will be dene by all the money
tbsy will contribute. Giving money,
even to "worthy oljscts," is a veiy
defective way of doing god, bacause
those wh oiico flud how nice it is to
delBomtlhlog for nothing never like
to give it up. The beet benevolence
teaches the poor to ssve when matters
are prosperous, and to lay np their
savings for tbe cure to come "rainy
day." To do tbia thors must be savings
banks where tbe poor can dspesit
their raoJest surplus, aad ths wisest,
most tflitnent aid lo tbe lers favored
neighbor ths kind hearted can do
now is to call npon Congress for tbe
establishment of postal savings banks,
suoh fcfl ere in ue in other countries.
There the money is safe until wanted,
and coals and blauksts bought with
money eo saved will do many times
the good there is in charity-given
cemforls. Tho feeling of independ
ence is preserved, the decent pride
that glories in finding from the family
store, from the family's own means,
what is needed, nubeholdsn to char
ity. Lo. king at tbe results to obtain
podia! saviojjB banks for the poor is
the cheapest sort of charity. Not
withstanding this, there are persons
who would trudge all day to make up
a oharioy coatribntion who will not
walk across the street to help the poor,
by their own savings, lo be independ
ent of charitable aid altogether.
Dlsonssloa upon the interstate rail
road bill now before Coi gress is very
actively carried on by the preen.
Some of the roads that think they
profit by tho absence of government
regulation, and many of tho agents
and parasitss ot the companies, are
very em re that the present looso, nn
stsady state of things is the most con
ducive to their prosperity. These
hangers on fill) In troubled 'waters,
and tratq iillity and order is hateful
to them. All those are miking the
voice that always comes front tho:e
who want to have it believed that
tboirown bellowing and bawling is
the voice of the people. The bill ia
hailed with a very gonerally henrty
recaption ai to nearly all its provi
sions. The value of published rates,
of notice to bo given before cbango of
rites, aud o'her points are heartily
approved. 11 epetlng tho prohibition
and abort hauls there is not the same
unanimity. But are all the valuable
portions to be lost for this session be
cause ot those tiro point T Let us
have the reet now, and if neccsnary
leave the two controverted points
for the Oommis.4oneri to investigate
and prepare the way for future action.
The Little Hark d Mlaalaalspl
KmnI Hitle to Mr. Gould
Itvt Aaltle.
IsrtciaL to Tis Arraiul
L ttui Ri ck, Akc, December 29.
Jay Gould today, through J. M. Rose
and B. U. Uiown, his attorneys, peti
tioned J ud Caldwell, of the United
Hales Diitrlct Court, to annul the
siele ot the Litt'e llock, Mitmieslppl
River and Texas railroad, whioh road
was pti'chnsod by Mr. Gould on the
16th inatant. Mr. Gould's Extern
attitncys overlooked tbe Arkansas
statuie which gives a debtor twelve
mnnths In which to redeem property
Bild uuJer a raortgtge, the law mak
ing it only obligatory that the
amount cf purchase money, with 15
per cent. Interest added, shall be paid
It order to get hold of suoh property.
Thn price at which the property was
bid i i waa$0000, Mr. Gould assum
ing the re ad's AM anil aecond mort
gege iudebtedaose, which aggregates
abuut $4,00 1,000. In view of the fuel
that Mr. Gould labored under a mis
apprehension of tbe above stat
ute, and a'so upon its being
made known to the court
that he desired still to
bay the road, with atatutsry protec
tion, the prayer was granted and
ordered Judge Redmond, the muter,
tiadveilse the sale in the Arkansas
(ia$nte and tbe New York Evening
1'ott far twenty days. The Court also
ordered that 25,UU0 now on dapoeit
to Mr. Gould's credit in this city be
held as security, that ths bid for the
property will be made as claimed. It
Is unde steod that his bid will be
$l,5i)0.t00, and that he will take tbe
road la fee simple if it is knocked
down to him.
D.lauaond Wate'tiea. MniTord'w
They Are Hl Horry,
There is one thing nobody ever re
grta that in, tho day they firiet adopt
ed lVrker's Tonic sa their regular fam
ily ruediciue. Its range is so wide
and its good effects eo sure, that noth
ing el He, except good noming, ar
needed in a great majority of canes
Buy it, try it, and altorward it will nut
require any praJxr- f-oni n.
a'lae Wat iiriulrag,:Hnjrerel,B.
FICATIONS Aad Shows That He Was Fairly Be-
elected by the Democrats of
Bis District
Cikctiivati, O., December 29 The
Titut-fHar fays: The Hon. John
Oarlmle answered Mr. George II.
Ttobe's specifications for contest last
nigbt. Ha eaves Mr. Thobe tbe trou
ble of provinn many of his cbargoo by
diDiceiona that, to say the leart,
ehould be acknowledged to bis credit.
Mr. Carlisle sava tnat many of Mr.
Thobe's spec. fixations are too vsgue
and indefinite to constitute the bmis
of a contest and insufficient in law.
He eaya that every vote legally cast
for Mr Thoba was counted lor biro,
nwpt, pnahlbly, tweuiy-eeven votes
at Obent, Carroll county.
Although Mr. Carlis'e makes a
ahowof a general and saeeping de
nial, yet, as one reade, the number of
exceptions and admissions make a
mcst formidable array, and constitute
quite a large and eatitfattorv prg for
Mr. Thobe to bang his allegations
lie admits that the Canvassing
Botrd rf Trimble connty did "by
niiatrke" open the boxes and ciuat
the ballots on Thursday, the 4tb cf
November, but says that thin did net
result in any ir jury it Mr. Thobp, as
when the ha lota were counted on tbe
next day they talli.d aith the count
of Thursday.
He admits tVat the officers r,l ejec
tion ot Trimble cjuotv were all Dem
ocrats, except one judge aud one
cleik, in tsurrows preiluct. cut CO'
Clares the election was leieal.
"There were no qualified It 'publi
cans resident in any cf tbe oiher pre
cincts of said county." declares Mr.
Carlisle, "who were willing to accept
the said ottices or to serve tnereln.
"I admit that the election officers
at Downingsv.lle preclucr. Urat oun
ty, were not equally divided political
Iv." sava Mr. Carlisle.
"I admit that all the rfficers of elec
tion, except one, in Wa saw precinct,
Ua'rolt county, were iremcora s.
"It is trne that all tbe e.fllcers of
election at Napoleon precinct, Carroll
county, belonged to the Democratic
parly, except one.
"It is true that the last page of the
poll book at Napoleon precinct was
not signed by the clerk, but I aver
that the fourteen names thereon did
actually vote, and that thiiteen cf
them did vote tor me.
"It ia truatbat the (Ulcere of ejec
tion in Glenooe precinct, Gallatin
county, were all Dsmccratr, except
one. "
"I admit the same for Hlggins pre'
clnct. Uaiialia county.
"I am of the opinion that the
ersur of my name from twenty
seven ballots, and the writing of your
name thereon, did not invalidate tbe
vote under the law ot Ksntneky, and
that the (Jenvsssing Board made a
mistake in tbrowicK them out. A
think they ought to be counted for
"I believe it is true that the polls
were closed stlQhent precinct, Oar-
roll county, about i o'clock, bat
waver that this was prejudicial to ma
and net to you, as twenty electors
who would have voted for me were
prevented from so rlolng.
"It is true that the officers of elec
tion at r-'auoders and M.lloreek prev
rincts, Carroll county, wero all of the
Domocra'lc party, except one.
"It is true, as asserted in your
thirty-sixth specification, that all tbe
otfkers of election in Bellevue, Union,
Petersburgh, ISulliiUville, Florence,
Hamilton and Burlingtoi belongea to
thn. Democratic party, except oue
Judtie at ench of the said nreoinc's.
"I admit ihat all the effijers at the
Verona predni't were Democrats.
"I believo that the polls at Butler
preoinct, Poudlftton county, were
c'ocd at 4 o'clock."
There are about forty-seven specifl
cations in the original notice, and in
reply to thtae Nr. Uarlmle misa 111-
teeu veiry damaging adniiasioue. There
are elevtn or twelve more ppacifioi
t'.ons ia an amended notice, to which
be has not vet reulied.
lie accuses Mr. Thobe of making
usHleeta and frivolous eueo Uo-.tioii",
and then turns around aad doee the
verr earn u thing himself in counter
charges as to Covington and lSewport,
whrre Thobs got bis majorities.
Solid bllrer at MuiroriTa,
T Look After (be Sopprmltn of
KaOile Blstaaea atroagly SJrucd
Chicago, III., December 29. The
Executive Committee of tbe Cattle
Growers Association of the United
Hta'es frsmad a communication today
to bs forwarded to tbe Senate aud
House of R-pres mtntlves. The com
munication calls attention to the letter
by J. A. Cooper, of Colorado, in which
ha pronounces sgaimt the commis
sion feature of the bill introduced for
the suppression of exotlo dieeases
among the cattle of the United t ta'es.
Tbe communication says that in the
great emergency now npon the cattle
iudus'ry it ia imperatively necessary
that some person or persona be vested
w.th xtraordinary powers. It goes
on to say that' the present bureau and
departments are already overahtdmed
with work to such an extent that it
wonld be iiupo-aiole f r any of them
to do as rapid or effective work ae
could be dooe by a conimiesion of
energetic aud practical business men
whose sole tfljrts wou'd be de
voted to nne task. The Com
mittee believe that a commieaion
vested with the iieceraary (lowers
could clear this ciuniry of plturo
pnenmouia in twelve or eighteen
months. The communication further
Biys that the losses iufl ctad npon the
cattle Industry during the laet two
yeara by reason of embarrassing inter
state and foreign quarantines amount
to a national oalamity, and those quar
antines contribute tne areateat ex st
ing one obstruction to iDtsrsUte and
foreign commerce. Tbe communica
tion aays the experience of other
countries has proven that tbe only
successful way to deal with pleuro
pneumonia Is by a prompt resort to
heroic trea'ment, and that the quick
est way is tba cheapest. Tha sup
pression of pleura pneumonia is not
only demanded as a sanitary me'aaure
for the protection of our people, the
communication says, but is alst a
measure of political economy, Tne
communication closes with the itite
ment that the cattle indu-t'y repre
sents an inveatiueut of $2,i 00 000,000
of taxable property, and aaks tuat pro
tection bs txUndnd to iu
Fine HalrbM nt Miilford'a.
A Iwl With Mword-rll.
City cr Mix to, December 29. A
duel wms fuUiiht heie yeat.en'ay be
tween Prince Angntine Iturbhls ard
Sjnor Caicedo, both ot whom are
members of ths Jockey Club. The
Prince wounded bis antagonist ia tba
shoulder, bat not dangerously. The
duel took place at tbe San Lorevn
School fjr Artillery,, and has f xc'ted
much comment, both gentlemen Be
ing rf the highest roclal standing.
The Prince is we 1 known in Wash
iog'on soc ety.
Mme Patii arrived here today. It
is reported that the will not be able to
sing tomorrow night on account of
fee ing tbe rarity ol 'be atmosphere.
Outlawry I and Aboat BlrmlBg;-
IsricuL to tbb arraAL.l
Birmin.bav. Ala.. December 29
WiiMa Binkiy, alias "Jack tbe Rab
Lit," cne of the members of tbe sang
of organized colored thieves ard mar-
oeren, aad who wat one rf tbe party
who ambathed and killed two man
on Chiidtmas day in Walker county,
was arrest en nere last nigbt bv tbe
Chief of Police and locked up. Todiy
a pone from We kereounty cams fjr
him, bat Mayor Line refused t) give
turn np till tne intense excitement In
Wa'ker subsides, for feartf lyrc'dag.
The pos e left for home much disap
pointed, but will retura next Monday
for fie prisoner. Tfcey sy the dan
ger rf lynching is from negroes, who
are furious over tbe ki.l'n uf the col
ored miner hy the gang of outlaws.
I'j J ward Irasa, tJierk ot the City
Cjurt, was way mid aod robbed by
two netroes last night. Oae held him
to tbe ground witn a knife at his
threat while the other went through
his pockets.
George Ivy was also at'aiked by
tw.o wbi'e rufliars last night, but
showed fight, and ihey ran when in
calad for help. Many small thefts
are repotted, and the cum rous at
tempts at highway robbery piva color
to the th'ory that there is an organ
iasd band of desperadoes in the city.
Hamilton la i Bad l'aalllon Some
aenaallonal Teatliuony Ex
pected. Kansas Cut, Mo., December 29.
Prosecuting A'torney Gibion made
the opening 'address tonight in the
trial of Gdcrge Hamilton, charged with
train wrecking, in the District Court
at Wyandott . lis (aid the Ulate ex
pected to prove tbat on the night of
the wreck the Knights of Labor held
a meeting at their hall io Kanees City,
Kas. ; tha'. Uter tbe six accused men,
one of them dl'gulsed. left the ball
aud proceeded to tbe Missouri Pacific
trucks below Wyandotte; that there
Oliver Lloyd drew the spikes from the
rails and removed the fish plates
while Hamilton and the others
watched ; tbat then they returned to
their ball and two hours later a fe'ght
train was plunged Into tbe liver and
tbe fireman, Bjn Horion.and a brake
man, Furge Carlisle, were killed.
Aivin Hpauldirg, of Atchison, the
conductor of the il fated itrain. was
the fliet wi neas. He described tbe
wreck and the evidence of removal cf
the rails as has heretofore been pub
lLhed. On cross examination the defense
tried to show by admissions of tbe
witness that the track was in bad re
pair at this point and the train waa
running fatt, but Fpsu'ding's testi
mony wss not shaken. They were
tunning slow, be said, and tbe track
wb all right tbe previous day. He
knew cf no grudge that could have
been borne against him by any cf the
s rikors. There wa a b:lter feeling,
however, entertuliied by the strikers
against the men at work.
Ia the afternoon session George
Fowler, the engineer, ten iGed cub
stan'irtlly to the same effect as the
conductor. He bad also examined
ihe track and found it had been tam
pered with. There are rumors that
new evidence of a ttartling nature
will bn presented in a day or two.
Ex Road Ma-tor l'alby. of the Mis
eouri Poe tic, also tent ft; a that, he ex
amined the treck and found that the
spikes and bolts had been removed.
A crowbar was produced which wee
found near ti e trttiik af .er the w reck.
Coror.er Gray gave some compara
tively unimportant ti stimuny, which
closed the d y's proceedings. Vtssoa,
oue of the prisoners, will teetily to
morrow. Tbe Inferriic Iv Hint Fottaeilog
diiiu la iinlliy.
Kansas City, Mo , Decembsr 29.
An intrview with Robert Pinkertoz
was secured late tonight. He stttte t
all accomplices in tbe robbery had
been cap'ureit, the five men under ar
rest and Mrs. lialbt. B.ing esJed if
Fotheringbam was guilty be replied:
"I am not ready to say, I prepared
the evidence (or tbe grand jury and he
waa indicted. Draw your own conclu
sions. There sre a large number of
accessories after the fact, he said,
ecatttred over the country, and he
would use bU judgment as to making
further airei-ts. Pinkertou's men were
sconring the city all night, bulthe
Iruita of their labois are net made
known. Witrock and Cook were
kept in the Adams Kxprees effice all
dcty and removed to some place of
concealment at dusk.
Wltroeb leiarloara the ' Where
about! or All ibe "Boodle."
Chicaoo, III., December 29. W.
A. Pinkerton to-night stated that he
had secured inf.irmailon as to the
whereabouts of all the money stolen by
the Fiisco tr.iiu robbers. The portion
not captured in Chicago and Leaven
worth was hurled in five diff. r:rit
Haten. Each of the locationa have
been designated by Witro.k, but h .w
the info'maton Wis obtained from
him or where the i l-.ces are, Pinker
ton refuses to diec'ose.
Oar ItMby'B t'lraS Tear,"
by Marion Harland, with other valua
ble information; forty-eight page book.
Sent free on receipt of 2 cent stamp.
Address Reed A Carnrick, Mercantile
Exchange Building. New York City.
Lynehrd Hear Vlekabwrr.
Nxw Oblians. La. .December 20. A
special to tbe it oytirM lr m Vioks
burgsys: On tbe night of the 17 h
I net. H rsch Bros., twelve miles below
this c ty, was bu glarised, and Miiteo
Waahingtca, colored, Ibe occupau.
murdered. Robt. Beaeley and Ray
mond Murphy, negroes known to be
enemies of the murdered man, were
arrested for the crime. As a Constable
this evening waa abont to board a
train with ths prisoners at Glaecrosa
ing a mob cf reveaty -five persons,
waits and colored, surrounded tbe
Conttab e and took the prisoners from
h'tn. As the train smrted ofl tbe
crowd were taking the two men to a
teleiraph pole to bang them. It is
said ttit the ouly teitimony agairat
Ibe m was tie eviderce of a neuro
boy agdd 14 yetis, who eavs he led
lh hoieos if too men while thry
went to the s;oro en the night ot the
SoailkVllle arat,
PKiPAHa roa rmciDa.
Fonndat.oiiB, cIUr wal'a and bal'.d
ings subject to overflow should be 6'in
stuicted with LouisviUa Cement, It la
the standard.
Ia Wbtch tbe Salient Foiats or tbe
Controversy Are Brought
BosToit, Mass., December 26 The
Andover trial w8con'inued yesterday
afternoon by Prof.Daight The folio a
Inar are the tor at important points:
"Ihls is an extraordinary casein many
aspect'. I will first call attention to
tbe way in which the roa'teris j re
sented to yonr Board ot Visitors by
the selfciiiSt tu'ed accueers of of these
professors. I call particular at'en'ion
to the evidence of duplicity, to the un
derhand manner, tbe apparently on
truthful manner in which tbey sub
scribed their charges. Tbey described
themselves as in a committee of the
alumni. The object of this descrip
tion, apparently, was to gain credit
for Ihe charge by appearing to act in a
representative manner. There was a
snggeet on of a meeting cf certain
of tbe alumni by whom the commit
tee was appointed Tne statement that
there were ainmni behind them ws
calculated, and ii ia believed di signt d,'
to make aq impression apon the com
munity ; and it now appears that these
four men comprise all the trustees und
ell the alumni who were engineeiitig
the movement. S;ucation. If theas
who sign themselves 'Committee' are
a trne committee, they are a t e f-ap-poin'ed
commit'ee a true cummittee
of the whole. Laughter. Cne Ltal
defect in these prtcredines is tbat
there Is no legal representative of the
interesU adverse to their cere pond-
ecta." Upon this point couneel
orgued at length to show that this
being in effect a trial involving prop
erty rights, the eignea of the
churgee having no interest cannot
pojeib'y be parties to the case. But
what is still m ra decisive and abso
lutely conclueive, he continued, is
tbat ihe Court l as no power to pro
reed by its own sail with criminal casts.
Ecclesias'ical law follows common
law in this respect. Bnt this is noth
ing but a caee in vilich there is a
cha'ge of vio'ating of truit. It ia a
civil caie, and rs to all other civil
cases, tho party bringing tbe case,
must hve some interest in the mat
ter. The meat serious practical ohjic
tion to tbeee proceedings is this: Sup
pose thty should not bs successful,
what is to prevent four other alumni
frim instituting eimi'ar proceedings
( f there be any each) and treating
tbe whole ground over again T In an
irregularly instl'uted suit bBtween
proper parties, judgment is a bar to
farther original proceedings. This
tribute should pause before it faces
such coneequence." Dismissing this
branch of tbe subject," said Prof.
Dwigbr, "Ut us consider tbe charges
themselves. As the matter now
stands tbors is great uncertainty
prejudicial to the respondent. Do
the old complaints rcmnin? (referring
to the chsrges in their first form) I hey
have not baen expressly disposed of.
If these lemain then there sre
two series of complaints covering
tbe tame general ground, end were
that Ihey CHn be carried on to
gether, hot if tbe amended complaint
be instituted we insist that it is in
competent for Ihe signer to proceed
as they bad dooe. Tbey bave rs
sumtd todiude the former general
proceedings inti five separate pro
ceedings. This cann it bo clone. We
ia-iat tbat several ctrdinal rules have
been violated. Three of Ihe or'ginah
chaiges are without speci6cation. No
ofUnee l as been charged ever which
the Bo'rd of Visiters has original
j urudioiton. A profeEsor msy he re
moved fur mi3oetiavior, heterodoxy,
iEcapacfy or nettled of the du'.ies ot
his office. The power of re
moval is far more restricted
and sreciCed than tbat granted
to the trustee. Nothing is said about
other and sufficient ceusts. Now, of
the four cnu es named, only one can
rosiibly be iu tha procedings, for
only one is over all to there charges,
ana ttat is heterodoxy. I was very
glad to hear this mornintt my fritnd
Jur'g i Hour sy : "There is no heresy
here, no qu etion efhereey." Where
is your c. S3? Moreover, heterodoxy is
not even charged, hut only alluded to.
I cUim," faid Iof. DUht, "that
endowments for maiuta ning unalter
able opinions are among the greatest
public evils, for tbey tend to produce
proteesion without belief." Prof.
Dwight quoted extensively from
tbe decsioj cf Judgs Tha'cherin ihe
caee of the trustees of Phillip's Acad
emy vs. Jas. Kine. to tbe effect that
tbe two cretde of Andover tbat cf
the original and that ot tbe associate
founders-mU:t so be interpreted as
to secure the treat and leading pur
poses of their authority, and tbat eo
inconairtenry was to be interred on an-,
count of slight and technical devia
tions. Counsel then proceeded to examine
at g-eat length and with great acumen
the charge of teaching second proba
tion, showing that not only there is
no line or letter in the seminary creed
against this doctrine, hut that it is a
natural inference from the doctrine of
univer-al atonement, which tbe awo
c.ate foundation makes a prominent
future of the creed.
At Ihe clnso of Prof. Dwlght'e ad
drees Pcof. Simon E.Baldwin, ot the
Yale Lsw Fchool, put in documentary
evidence for th defenso, consisting of
thirteen exhibi'S, most y sermons,
letters, lectures and records, tending
to show the liberal coni-tructioo which
has been put apon the Andover oietd
from the days of the original founders
until row.
Prof, cmyth, whore ca-eisb-ing
tried tint, theu took the floor and be
vau an add rets in his own defense,
lit bad not concluded when the court
adjourned. He will continue his ad
dnss tomorrow.
Tbe trial was resumed this morning,
Ibe qus ion whether tba evidence
in regard to all the acensed protestors
should be put in and the arguments
made before the -conclusion of Prof.
Smyth's case was argued at the outset
today, as it waa yesterday, Judge
French stating that the complainants
had made no preparation for prosecut
ing aoy otner ca e tnan me cne
against Prcf. Smyth, and Prof. Ba d
win. ureina tbat while each casa
should be decided by itself, the evi
dence at d arguments applicable to an
a ikeshonld be heatd once for all.
Otherwise, be said, the trial would be
indefinitely prolonged. Again tha
question was left unoecided.
Ptof. Smyth then reeuiued bis ad
dress in l is own defense which was
becun yeiterday.
Fol owing is a synop-ds of Prof.
Pmyth'i addnss yesterday: "They
chrrge that I teach that men
aie nut sinners, who have
not heard of Christ, rr, at
any rtte, are not in danger rf hMrg
I . V .. ah Mou ii anI AI rt Pm
grt tive Orthixlory, riululliees is predi-
caul of mau nniveraaliy. itie qunti-
lions tiiey make in support ot in s
c ba-ge are g) bled, like so many other
of their quotations." Prof Smyth
Bar Cheapest and ltest M AMJKK SPKUADfcU iu the MarkL
t&" Send for Circulars and Prices.
itad many extracts showing that the
buok plainly teiches exactly tbe con
trary, "Tbey charge m w.th leach
ing a 'model t'inity.' How do- tbe v
make this out? They have picked
out two or three places whetie trie
wo.d 'model' occurs, in,di cussing the i
doctrine of the tiiuny. Yet any tyro
in theology rught to know thit the
diatincliou between a 'model and the
'ieal triiiity is clearly pointed out in
the very eente neea from which they
quote. Ihe moat characteristic ex-preseiot-s
whi.-ii have been used for
fcfte en centuries to denote the ortho
dox doctrine cf the trinity are em
ployed." After citing Prrf. Parker'e memoir
of Dr. Hopkins in de'eosi from the
cha'ge of exalting roaann in theology
tno innch, the cita ion showintr that
Prof. Parker inxieted ou the need and
safey exiltiug reaon, Prcf. iSrayth
took up tbe ready and only im portal t
Bccusati n of teaching future proba
tion alter -doatu. '1 call it," (ft'd
Prof. Smyth slowly, so emniy and
with earnestne-e, "the riht under the
creed to ho'd in this nmtinr whit
ever tiue interpretation of Scripture
and revelation which God makes of
of Himself to ba true. I do
not think I shall commit any siu
against or vitiate obligation under
the creed if I allow myself to follow
with perfect trust wherever with
heert as with head I can diecover any
traces of God's holy and reconciling
love. Imipient applau-e I will
not avail myself of any man's want of
skill in attacking me. Although 1
state in Progrtuive Orthodoxy that I
hold God as rovenled in Chrmt ai cen
tral in theology, I deny here and now
that there s anything in what I a j!d
on tbe doctrine of futuie probation in
consistent with tbe creed. On the
subject of escha'ology (the 'ultimate
condiliou of toil), the makers
of the creed (I d not use lan
guage of their own, but
Bible language, and they attempted
no interpretation of tbat language.
The creed rn that point has tbe mean
ing of the Scriptures which ii quotes,
and that meaning only. I claim thi.t
this dispones exclusively and finallv
of this whole queition. App'ause.
It is mode imperative upon me by my
pledge given on entering my effice as
professor, to unfold tbe S riptures ac
cording to the best light that God
shall give me. The creeu mu t be
token as a wbole. It is impose! b e to
take it any othtr way, for it c .nttins
clauses which, separately considered,
are contradictory. I accept the semi
nary creed in its historical sense, but
I do not mean the opinions it does
not contain may be read into it be
cause thry ware entertained at the
time when it was written. Tbe creed,
inr-tead of being intended to forbid
progress, is itself the child rf pro
giesi. Is contains term after term,
which sre the way makes ot progr-es
along the line of modern theology."
Piof. Hmyth then considered the
cla-rn that future piobation is denied
in tht article of tl.e creed which SHys
tl at "they who are eflectually called,
do in Uih lift) receive re'tdin blesa
incs " This, he said, is an attempt to
find the doctrine ia the cieed, know
where it p.-c perly belongs in a most
carefully drwn instrument. The
probabilities are all again t the mskors
of the creed havirg designed any such
thirg. If they bad intended to pre -nouncn
npon the dcct.irie at all tbey
would huve done it with the soma
pains which they evinced in statin
other doctrines. It ia rot said that all
who are ever to ba effectually called
are called in this life. The object aud
obvious purpese of this article is to
c mfort believers by assuring them of
c.'rta n bieis ngs in this life of ccnll ct
and toil. The ioterpretntion sought
to ba put upon this article makes it
contradict the etandards ot which it
forms a part with certain s'ate
ments transferrrd bodily from tba
Weatmineter shorter catechism, for
thkt catechism refers to elect infante
and elect other perrons who have not
been outwardly railed by the minis
try cf the word, but they cou'd not re
ceive in this lifcsthe blessings, justifi
cation, sinctification, etc., which are
promised to tbe elect who are effectu
ally called. The address cccupied
four and a half hours in delivery, and
was listened to with almost brea.hlcea
attention throughout by an audience
which packed the room.
Dr. Smyth was called in his own
defense and testified tbat when he
was named a profeeeor in Andaver
Seminary, be said he would Euhscnbe
to its creed as a whole, but could not
accept tbe point of federal headship,
because be rail been taught by Vr,
Park not to believe it.
Dr. Geo. Harris testified for the de
fense that when be was to bs ap
poii.tJd a professor in 18S2 ho objected
to cert.iio points in tbe creed, includ
ing limited atonement and federal
leadeiship. Tbe witness fad: "I
accept vh s creed as exposing sub
stantially the system of trnih taught
in the Holy Scriptures. It was nnder-e-tocd
as a sort of agreement that we
should subscribe to the creed tinder
those conditions. This waa done with
the sanction of both the trustees and
Board i f Visitors,
Du'icg the questioning on
tbe part ot the Board of Visit
ors aud the answering on the
part of tbe new professors
the question was raised about the pro
bation of those not within reach of
the gcspel. The reply given the
Board of Visitors, in substance, was
tbat although clergymen might not
teach probation extended beyond this
life for these persons, they were at
liberty to hold this view as private
Prof. Hinks give testimony in cor
roboration of ttiat of his i'8fOoiete.
Piof. Tuckor testified he was e ecled
about two years befoie Profs. Harris
and Hinks. He d d not meet the
board as ihey did because be wss not
ssked to do bo, but when he rubhc'.y
acirepted the creed at bis iriangoatbn
t e read thisetaremant: "Tne creed I
am row about t read I fully accept
as setting; fo.tb truth aiceinst ths er
rors it is designed to meet."
Tuis closed the testimony and Prof.
Baldwin pioceedad to sum np the
comp'ainatits. He was followed by
the Hon. Cbas. T. Rtusell for the
a-tuatd. His plea was n t concluded
when tbe heaiicg was adj nri.ed anil
AIO.OOO Adillilounl Keeorerfd
loaid tu Vcirloa Plaeea
Kaksab City, Mo., Dacemb-r 29.
The Piukertou party did net leavs to
day for t-t. Iouio as wes g'ven cut, hut
all remained h-ra uu l in addition
thereto a aetec ivn ai rived from St.
Louie, biir g'u g O.-car Coi-k. Witrock
is eccoiripauied by bis tto her. He
and C. ok wet e tken to the Adams
Expreee e ffice wiiern a ronsuliation
was bold, Asa result of their day's
work the deteo ivee taveseenred rxob
ably about $10000. A lot of bank
notes were found cn,c;''ed in beer
baties under the h'. use of John Cox
in the east bottom', wheri Cook
beaded aud where Wit oe-k stayed
wr.i e hero. Another po-tion wa3
found tinder a hcu rppurite that of
Cook'a lather, and Jack Cook, O.c r's
brother, gavx np $10110 bo had. The
de-tectivea think tbat doxan acquaint
ances of Co k and Wit ock received
sums of money, scms knowing and
otbere igoomnt of the source of the
wealth. It 's said thit over a dcxeu
Pinkerton men are here woiking up
the matter, end there aro, rumors of
SJme further anes'a lo ba made.
DlatuouelM at Miillord's.
Tbe Preaa ou 'bo Kaallxb Cabinet
New Yobk, December 29. The Poat,
referring t) Uie vccti'cy in tbe Cabi
net, urges the.Mmietry to provide
pome meani by wtiich hard -Randolph
Cborcbill Hon resume office.
The Te'fij-nph thinks that the Rt
Hon. W. H. built h. Secretary fnr War,
may be appointed lea1-r for the gov
ernment party in the HouBe of Com
mors. The Daily Keiox, in an editorial this
morning, advocstes the postponement
ot tbe redemption of consols for five
years, in order to pays tbe way lor tte
eventua ity of a war loan.
IrtNpect s til lord n Nt oelt.
In the Country should order the
Ask your Grocer or Drupgist for it,
or send to SPECUT & WALTER,
Manufacturers, and take ne other.
And Agents (or tt-e l'arrkre, Bale or
Lease .f Lan.li),
W-Sparinl ntteLtlon given to tha eiamica
tion ot title.
mw Lnnda adrcrtined and placed upon tba
marmot, froe ol rhargo. unte a eaiaia made.
Lata of Holly Spr'n-, Vti8ipr',
ItOfiul A. M, ution Dai bniine Hilllu-
lull. Miulila, lin.
Will prtotioa io h.i Court' ol Tencetsee and
Oihxah Biinc or Mkmfbis,
Memphia, Tann., 1 eoomher 10, 1886. 1
THK the atoclihotderi o( this bank are
hereby notified th.t' tha annual election
lor Direotore to nerve Ihe enfutnir year will
be held at the bank on TUhhDAY, January
11, 18S7, between the hour of 10 a.m. and 1
p.m. Kl). MOMtaM ITH. Canhier.
Prof. O. 8. B1ALLETTE,
Voice Culture and Singing:
ean ba reea at Ilollenberr'i. No. VSfi Maia
ttreet. Boor-11,to H m . and t to 5 p.m.
riHR firm of O. W. Ihoman k Co. Ii this
L day amiolved by mutual content, M.
t. Btricklend retiring. Either partr will
eolleot outstanding rlatmadue 'he old firm.
U. W. 1 HOMA8.
germantown. Tenn., Dai. II, iegii.
And Iron Hoofing
Flr, Wind. Waaor and I lahtnlna;
proor. Buitablo tor all klndf of tuildlnga.
For prloea and Mlimatea a factory rales
oall on or addrean .
138140 Mala ft., and tl k 23 Mulberry
Headqnartera lor Iron fenoei aad Oreatlno
Calyntad Iron ftorwiwa.Tlw RooC AHtoTea.
Wl OFFER FOR BALK ea faTorabla
terma a larv plantation la Bolivar
county, Msa .re-ently improved with new
poat, vlank aod wire fenoei. Twentr-fiv
ne houaea, cotton sin, aawmill and near
ltiCOOO feet of lumber ia ttaoka, 60,000 new
eynren noarda all revedf Co c-natrurt more)
batldlngi. A food it rebooa andieaueUent
tand lor a mercantile baineaa. Tbas rfan
tation ii improved with a view to laDdiTia
lon. I will eell all or a part, aoeordlna te
wants ol parebaeen. Plenty of labor. Ne
gro tenanti htv applied ana ar daily ap
Ilvlnt to rant at 16. For lull particulars
annleto THW. H. AtLKW A CO.
Hon lleslclent Notice.
No. N'-In the Probata Coart af Phelhy
. eouutr.Tcnn.-John Mitehell Petitioner,
ti. J'odion Mitchell. rlendant
It apnerlng lni affidavit in hii oauaa
tbat tho defendant, 1 odra Mitchell, is a
n n-roi'dcnt of the Plats of Ten coatee and,
il aienidantol thi Mali of Nw Vork:
It ii therefore ordered, Ti.at be make
b'i appearanoe herln, at tbe ceurtliousa
of Shelby county, in Moiei.hii, Tetin , on or
before the lir-t Mo. dar in January, HHT.
ard iileai, auawer ordemar tneomplainanta'
bill, or ihe game w II be taken for ronfeaaed
a to blmatda. t lor he-ring ei parti: ana
that a copy ot ih rrd- r be iiu'i-hed once a.
week, tor tour auece-aive ne k, In the Mm
phil Appeal. TaU 4'h day of tembT, lai.
a py aiiii r. MWi'Je.ai, ultra.
llv Tiioa. H. Crftnaba. I). O
lleory F, DU, tel. fat eotupla't.

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