Newspaper Page Text
THE MEMPHIS DAILY APPEAL-SATURDAY, SEPTEMBER 3, 1870.
ANNOUNCEMENTS. FOR FLOATER. VMOATER.-W A-McCIiOY la m candidal r for Floater for the count las of Shelby, r avoirs and Tipton ; subject :e tae will f . ption. 2 WANTS. o ALK8M AN By a wholesale dry gooda fi rm a No. 1 Salesman, who can comrnand a coot Arkansas trade. Addrea. poatomre box O AFB-A goo second haori aaff.. apply to S lANMIWE, MITCHELL A 66.. 16 t nlon atreet. .-, irrATION-In a drug-store, by a youug S , ui of Ave yeera experience: r ttfareac.es Address K. KM , Iota. Miss antic. FOR SALE. . i aska One taenrtredeu gallon Wins ( aaas. Apply a op, r "w . i - I.EalBAltLK FARM of roETT acreaKor -ale Bve mllessoulh of Memphis: wall : uproved; fine orchard ; excellent water and ,-saary buildings. Aoi. y to Jhn Brown, on the premises, or to Judi;e Thomas Ionard.S71 Mala street, mil .Ms. Tennessee. ai:.. , v- STKK ANI".Mt 1 HIT- No. . ojster I ) aaaf came atana for aale. Inquire a. H 6' Jelf-r natr et. ' ' MULES fix fine dray mulea for pale at tha Overt- stables. , , , . KOiKI AND BOILER A stationary en i'. glne and boiler, capacity M"I!S. -i running order. Apply at TArl F A UT Planing Mlll.atl Kocond at, ani .. pi.rrK KEEB MASCTATORY.-Sa!ls S . .. -prnoe Beer Mannfastory . corner Third and Mill streets (entire noslneas sod s,s..i will - satabiished In this city May. Wfc4. aaV J O E W. HA U.. Proprietor. , Xsn-Xix Hundred and Forty Acre ol I, Lano. mile above Memphis. IV; miles , .- Monnd tltv. Ark.; one hundred and l.rtv a res In cultivation, well fenced: a s.s.J new gin and press; gooddwelllng-lioua.-sad out-houses; line young orchard of very -c fruit of one hundred and twenty -Bve or.e hundred and sixty acre fronting . i! the river, well Umbered; a chance for ,.n.e n an in the wood trade: a large atock . cattle males, borses, boga and (arming . tisiia. I will sell a part or the whole to t tasa purchaser. For particulara inquire , ; Jsn.es li. Btrry.of Monnd rtty. Arkj or . . 7emle.or FABKIMiTCN HuWKLL. nl irtsjphia. There is a good growing crop oa the premises. FOR RENT. vU.Kl.LINU HOIT8EK-A double fr:JnJ i.ta4iil: t( room enA-u , uew.j vr ... ood oouJiou. For particulars lg9uJ,r W Si . ISO 0 in, 5,3 No. j iisecond street. li ol'riK Atwo-tory framedweiling house. lul Kooeson at. Appiy m-amw. HI ATUMAN PLACE. The Heatbmac f .a.-. Urge uuuxi, orchstd and garden, i n broadway. in Fort Pickering. . i W. a. WHKATLKY. Bethell Block. ...-All the second floor of o S3 ;.l am at lnijUireon me premisaa. . s-t'.MBLY HALL For 1 wo years or leas. in secure tills Dindwmr and apacioua Illi over SKI and 'o Mala suee'. call ou J! w. A. WHKATLfcV. BeAheil ggjfc su:i Agent P. C Bethel!. LOCAL NEWS. W. 7. Mitchell's school, 3CJ Third St. Look at Joe W. Sails' advertlaeuieat ' f r sale." 1 b Shelby County Fair eouiiiienc aaj i be 10th of October. The city wag arxtraordinsxily quiet at . MkajM iait night. The beet bargains in pianos will be aaaal at i3 Main street. Call and see. T. M. S. Rhell's school will resame its exeicises on the first Monday in Septeui- b r. Madison street bridge isinadanr- r us condition and should be attendea to sg once. A large stock of secjond hand 7-octve psavaaa lor rant or sale, at H. ti. llolien t erg'a. Clay Building. The first bos laoe of the season .iiitw up lo-day Lwtween the Chickasaw niid UeSjto boat clubs. The tnertnometer at six o'clock yes . riav morning suxxi at W Fahr. The I mouieter tnataeda fO inches. The Recorder diapoaed of twenty-tiTe rtses yesterday inorni ait, assessing fiQee I L ie sucunt'ol tiSj, aud collecting sm). When the Poplar Btreet turnpike is i ' ished, it will be the shortest and beat : sag to the race course and fair grounds. Tee Rev. Mr. Carinichael has been selected by the Confederate Relief Axao c'slwu to deliver an orati'.u before the aassMM. H. G. Hollenberg has a fine asaort-iu-nt of Chickering Pianos, the boat aud . .'i:M: tirsi.-cla.sa piano in tne world. Sold on eey terms. ltnviu McLean's sal.xin the Bay II Me, .sjrner ot Monroe and riecotid ' reels is the place to go for 'alf-aud-'alt, potts, beer, and gxxi drinLs gen eral i v. We are indebted to Captain W. W. Ma . gault, of the DtSoto BistC'.nb, and ;r. William Worshaui, Captainof Chicka aaw Boat Club, for an iuwuuluu to al j the boat race to-day. The French citizens of Memphis will i !vut on Monday evening next at John i .o-siAdi's to form a Relief Committee, for I kg purpose of raism funds in aid of i heir wounded compatriots. The .Sua of yesterday morning copies ': mi the Nashville ( mon nnd Amenean an item copied by that paper from the APBSbAA, lifiut J. Baa. Stacey, giving par iictalaia f his arrest, etc. Why not copy ii in-m the Appeal at once, neighbor? 'Squire Norton yesterday issued a war rant lor the arrest of one Kd. Raiuer, who , desc ribed as a professional juryman, on t D' is charged by Mrs. Annie Wii i us a lib ut-laiuiug 1 5U from her un er Ulse pretenses. The case comes up to-day. The attention of our readers Is called to ido advertisement of the Turn 1'eret'n aid oi the Uermsn wounded. LI e-.:i.esoll on Monday, September 5th, 1570, aud Ls given for one of the noblest of puusaass. We have 0O doubt that Hani uoljt Park will be crowded ou that day. II it isn't, tt ought to be. There will be a meeting of the Scan liiuatviaus this afternoon at three o'clock, So. 40 North Court street, up stairs. Business of importanoe is to be laid be i re the meeting, affecting the interests i tVatw Scandinavian In our midst. We Lup3 there will be a full attendance. Preston Smith, a darky, robbed Chas. k loerlaon, another darky, of a gold watch and lorty dollars in currency. 'Squire Miller, who examined the case, concluded tsaat Prostoii as s bad egg, and sent him u; to the Criminal Oourt OSttsr bonds of 8V, which were promptly given. ily an oversight, not intentional, we a ester Jay morning omitted to mention tLa) tact that our neighbor, the Ledger, i.sj increased its size and otherwise ini pas two its personal appearance. We are more than pleased to see these signs of prosperity, and sincerely hope that the may continue to increase anUgro lat during the coming years. The 8r."crAY Appeal, which eDjoys a wider circulation than any paper pub .isbed in West Tennesson, will appear to morrow, and will contain its usual selec tion of miscellaneous reading,-the latest news by mail and telegraph, market re jKjrts, etc News-dealers aud others de aling an extra supply, will please leave l hair orors at the counting room of the Daily Appbul during lbs dsy to-day, otherwise they may fail in gelling their "pply. I)r. Roods writes to the ledger that be Mas iu ily and freely discharged in his . lamination in Hot Springs a day or two ago. Our statement that be bsd been put under bonds of $2WXJ was made after an interview with a well-known citizen, w ho told us that he had j ust com from mere, and heard tha trial. We hays no desire to do any wrong to any one, and cheerfully maku the correction. Tha Kmmet Savings Institution of our city is doing a large and rapidly in creaking business. Its President Mr. Thus, iisher, and John Loague, Esq., the w ell known Cashier, are old and respon sj bie citizens. They deal extensively in stocks, bonds, scrips, gold, etc., and have .respondents in Kuropa. Thev daily sell exchange ou the principal cities ol England and Ireland, and through them large remittances are made to the old country. Pat. HefBin, while " walking down Front Row " yesterday morning, saw a pair ol pan La which he thought would offbie "illegaat leg" to a nicety, banging on a duuiu-y in the front of Mr. 'o ben's store. Nobody was oa the watch, so Pat. picked up the panla, and made off .iowuan alley with them. The ahop-s-ei'C-r. however, happened to discover his loss in time to see Pat. gat an. mod the -orner, and fallowed him. Peliesuian Tom Baker joined in the pursuit, and ov erhauled the thief on board a steamboat at the levee. He will have a hearing be l.e 'Squire Miller to dsy. By reference to an advertisement in auotner column, It will be seen that the pioneer lamp and oil store of O. F. Prea oott A Co. has been removed from the eland No. 41) Jefferson street to No. 222 Main street, three doors south of Adams, i.nd opposite the Worabatn House. Here Messrs. Prescott ii Co. will be prepared to 1 uxniah their customers with every article in their line, consisting of coal oil, lard oil and machinery oils, burners, chimneys and wick, lamps, lamp stock, lanterns, hall lamps, brackets, chandeliers, and all goods in the lamp trade. Also, paraffine and wax candles. axlwcrasM, rosin, pits, tc They continue the manufacture of nanols, psim and rosin aoapa, tinware, stovepipe, etc., and the purchase of tal low, grease and beeswax. At the request of several clothing dealers iwho live "between Adams and Poplar, on Main," and In order to do justice to all parties, we will state that Mr. Roaenxliehl was not the party spoken of in the account of "how a darky got a ault of clothes." The person complained of to 'Squire Miller and the police Is L. Sauielson, late Radical Coroner, His neighbors and the police say that the case recorded by us waa not the only one of the sort aomm'itted by him, and demand that his name be given. The Directors of the Memphis and Raleigh Springs Railroad Company have surely done wisely and well in selecting their officers. K. V. Babcock was born with ail the energies cf s locomotive, rlrivmg him through the world with re sistless force, and MO better msn in America could have been found for the position assigned him as President of the Kaleigb Welsh Railroad Company. Kquaily fortuned b the choice af a Seo retsrv and TroaWfat, Messrs. Curry snd A. J. While fill these positions. Colonel ( urrv was an excelled Sheriff of this i.nty, and A. J. White stsne? second to no merchant that has ever lived in Mam phis in point of Integrity, promptness and excellent business capacity. Thos. H. Mllllngton, who has no superior in his profession, ii the Civil Engineer, and the Bo-ird of Directors have been chosen with euual wisdom, constituted as follows: E. F. Babeock. A. J. Kellar, at W. Brooks, (ieo K. Diineaav, J. T. bwayne, A. J. White, lliinb L. Brinkley, A. B. New kirk, C. M. Taylor. The southern route for the rosd will now be surveyed, snd ss soon aalhis or the one already measured is approved, the work will be begun. THE BOAT RACE. DeSo'o vt. Chickasaw. To-day at 5:30 p.m. a race will cons Off between a boat crew ot the Chickasaw clab, and one of the Desoto club. We are compelled to leave out the rules adopted by Ibe captains of the clubs, but iliev are the same which usually govern oa snch occasions. Course Front s point opposite Fort Pickering, one mile op the river, turn stake boat and return. Colors Chickasaw, coxswain, Bine; De Soto, do., White. DaSoto boat Six oar outrigger open boat: length, 46 feet; width, 25 inches; liuill bv tinsMeton, of Memphis, 1S68, Chickasaw boat Six -oar shell : length, H feet; width. 22 inches; built by Stephen Koberta, ol New York, in 18H9. DeSoU) crew John Young, bow; John Trabucco, Ai : Wm. Carrol L, 3d; Jos. Bain, 4th; Jss. Bnrke, 5th; L. D. Young, stroke; W. W. Maicganlt, coxswain. Chickasaw Club U. H. Jones, bow; W. Worshsm. 1; D. O. Wheeler, 3; Sidney Cook, 4: F. A. Brodie, 5; J. B. Emery, stroke: F. U. Outherz, coxswain. Judges DeSoto Club, John Zent and .eorge Mellersh; Chickassw Club, T. D. McCormack, Waverley Boat Clnb, New V. -k : A. A. James, Chickasaw Club. Keferee J. S. Smith Essex Boat Club. The "Little Alps" ksaves foot of Union street at half past four p.m. Fare, one dollar. It is requested that all packets leaving about that time, going south, will please go slow and keep close to the Tennessee shore, so as the swell will not extend to the Arkansas shore and thereby mae the course rough, aa the boats are frail and require smooth water. Also request that all skiffs Agoing over will be beached ou the bar, aa the course going up runs close in on the bar. TO PLANTERS. Tht Great Inventing gf tie Age Revergeu ttotioa Chapin Cattnn Bin and H tiller. FOB, Ginning Cnttna with or without Previan Picaiai from the ball. For ginuiacr cotton, regardless of how picked or garnered snd splendid sample made. Fi.-st premium (bine ribbon and diploma) awarded at the Louisiana State Fsir, New Orleans, April, 1870. We have been appointed agents tor the ale of the above celebrated gins, snd re spectfully ask the earnest attention of planters to them, believing that they are a great improvement upon any gin now in use, and destined to work s perfect revolution in the ginning of cotton. A sa i pie gin can be seen at our storehouse, " s. 356 and 358 Front street, below rTsgosi. sad all persons interested are in vited to call and see for themselves. STEWART BROS. A FIXER. MERITED COMPLIMENT. From the Grenada Sentinel. ; At the late meeting of the National P'loiograbbic Association in Cleveland, A. Bogardus, Esq., the celebrated New York photographer, was elected President, and our talented, genial friend, William U. Movstoo, of Memphis, Vies President. M r." Moystoa is a man still int.be early part of his "twenties," but he has gained a tame as an artist of which he may well be praaud, and his eleation sa Vtee Presi dent of the National Photographic Asso ciation is s deserved and merited compli ment to his genius. There are few artists in America, old or young, that can claim to be bis equal in the pbotograpbic art. There is life, we might say an almost per ceptible animation, in his pictures, s something that says at once, "how very natural!" There is sublimity in the idea of man's power over light, especially when it can be used to the ad vantage which Mr. Ifovstoa puts il. Hit gsllery at No. 24 Main street, up stairs, is one of : in-ti nest in the West. sir. French, one ..I i bo boat chemists in the Cnion.and Mr. John Moyaton, the business manager, both most excellent and polite gentlemen, form, with Billy Moystoo, a trio that cast not be surpassed in any photographic gallery in America, Part CT'LAa Notice Oystbtjir, Oyn tbils, (j y ST KB. The leading and most extensive Oyster and Came dealer iu Memphis, for the last five years, is J. D. Kd wards, 278 Second street : the only per son that ever worked tc get oysters down to Hying prices in the Memphis msrket. Talk about a large business in Oysters, Uame, Fish and Dressed Poultry just keep an eye on lieauiq oarlert. Oyster, Oame and Fish Depot, if yoa want to see the ball roll this fall and winter. Receiv ing fresh oysters daily. J. D. EDWARD3, a7t Second street. Uitb et Cokwixx, proprietors of the Job Printing stsblishment in the Ap peal Building, 14 I molt street are now prepared to execute orders o Job Printing on the shortest notice. Th pa trons of the Appral will bear this in mind sud act accordingly. TRIALS OF VIRTUE. Remarkable and Sad Stary of a Young Mts worl Sir!. Twice Eatietd Into Houses of Prtttlttttioa--Twice Self-Bescssd. Almost Rug Down by a Steamboat Saved from a Watery firava Locked up la a Bsgnio, Etc., Eta. About 9 o'cloak yesterday morning, a young girl, bareheaded, and carrying a bundle of clothes in her hand, was seen to rush oat ot the bagnio of Annie Oal legher, on Poplar street, and run rapidly ott, aa if afraid of pursuit. A policeman who saw her, managed to overtake an.! halt her, and asked her where she was ejing. Bar answer was, that she did n i bow, alia owl y wanted to get away from those woiaea and iltat h use. After as suring act of protex-tkou, be learned from her that she had be-u ent i mi thither by a man, and that she that moment had suc ceeded in making her escape from the house. The officer carried the breathless and trembling woman to the office of the chief of police, where she told the follow ing story to our reporter, who chanced to be there when she was brought in: AS ORPflAN-. 'My name is Mary Austin. Alt. of the latest weeklies and month lies, just received at Joe Locke's, 236; Main street. stkam Frmso S16 Second street. Mississippi vm Tknnks.ske Rail road H ANIFBHT OP FreI " HT KkCBIVBD at Mkmphm, 8kptbmbkk2, 1870. Naw ton Ford A Co, 10 bales cotton; Stanton A Moore, 1 do; Crags A Fisher, 2 do; K Kites, Van os A Co., 13 do: Ony, McClel lau A Co, 1 do; Hoskins A Corvine, 9 do; Tobin, Lynn A Co, 1 do; Hugh Torrence, 24 do; Busby, Johnson A Co, 4 do; Jones, Brown A Co, 1 do, XXX. 12 do; Strstton, Ooyer A Co, S car loads lumber; J B Storke, 2 do; S Kaufman, 13 empty half brie; Memphis sad Louisville railroad, 3 pkgs sundries ; Owen, McNntt A Co, 13 oalea broom-corn ; M L Meacham A Co, 1 brl flour; Morris, Lea A Co, 13 dry bides: J S B Jeffress, 22 pegs plunder: Podests A Cososa, 3 baskets pears ; Mover Bros, 2 pkgs sundries: Tread well Bros, 1 bdl dry hides; Isaacs A Bhrman, 2 bblii bottles; Woloott, Smith A Co, 3 bbla flour ; Oliver, Finn is A Co, 3 do; Harris, Cochran A Co, 505 bdis iron tier. AMUSEMENTS. Broom's. The new com pan v opened here on Thursday night, to s good house, and gava unbounded satisfaction. Last night a large crowd were kept constantly apo.auding, aud encore after encore was given to ail tha pertormeis. To-night the usual stunning Ssturdsy night bill is up, and "fun ahead" la promised. Memphis Tusatu. A large and fash ionable attdieuoa greeted tho Emarson troupe last night, and the utmost hilarity prevailed from tha going up of toe cur tain to the final going down of the same. To-day there are two performances the matinee st tha usual hoar and tha regular performance of the troupe to-night which closes the engagement, which, on the whole, has been a very suooeasf ul one. The United States Marshal sears sev eral seizures of tobacco, etc., at 10 o'clock this morning) at the warehouse of Wol oott, Smith A Co., No. 8, Howard's Row. NOTICE. The friends and acquaintances of the late Owen Smith, and the public gener ally, are hereby notified that the business of Usesiabuansaeut will be continued the sunie as usual. Urateful for past favors aud patronage, tt is hoped that by prompt attention to business by experienced bauds, the same will be continued by a generous and Hind public. MRS. OWKN SMITH. Bito w t A Brown 315 Second street. T am just turned of -ixteen ears old. I was born in Ripley county, North Missouri. Three years ago my mother and lather moved to Helena, Ask., where they died shortly afterward, and lott me orphaned and alone. After their death I went to work for Captain Beard, who planted just above Helena. I staid with him and workod in the cotton tieW for a year. There was a young man named Dick Aualin ;no kin ot mine) visited me thon, and everybody thought that he was a clever young fel low, so, about two nioiiihs ago', I was " UAKBIED to him. He never did anything toward supporting me from the minute we were married. On the contrary, I had to work for him. I worked iq a Dutch boarding house in Helena for our board for awhile, and afterward I went to another boarding house snd worked, lie left me about a week ago, snd went on board of a boat on i be river. Pour days ago he sent me woid to come out to him, that there was s place on the boat for me to go to work, i thought that K was all right, lad went out to him. When I got on board of the boat I found that it was not all right that it was a Moating "HOUSE OF PBOSTITl-TIO-, where my husband had taken up with a woman. As soon as L lOund what a place I had got laugh I determined no die rather than to stay there. I did not know how to get away, but I watched my c jauce, ana on Tuesday morning, before day, I went to the stern of the Dost ami chuibed over it into a skiff which was tied .lit. I then cut the rope and "FLOATED DOWN the river. I had to Uoat, because I could not paddle or row. I didn't know where I would float to, and didn't care eo I got away from that boat. Just before day I heard a "STKAJfBDAT COMING, and I saw that i was just in the way of her. I thought, sore, I would be run down and drowned, but I stood up in the boat and screamed as loud as I could. The pilot saw me, or beard me, and the boat aworved to one Bide, so tuat I escaped. As soon ss they could they lowered a boat and sent out to me and carried me on board of the steam boa', which I found to be a tng I forget her name. 1 1 cannot read . I told the Captain my story us I have told it to you, aud he promised to befriend me, and praised me for my ac tion in leaving thai bad boat. When we got to atBrpIIIS the Captain told my story to a Mr. Dick (t do not remember his other name he furuishes meat to the steamboats i, and he promised to get me a situation in a boarding bouse, or something of that sort. He sent me on board of a steamboat down to t he land ing, and told me to wait until evening, when he wuaud carry me up to the place where 1 was to go U work. During the day, in the saloon, I met a man whose name they told me was Ed. Smith. This man told me he knew of a splendid place for me, and that be would take me to it in the evening in a carriage. I thought he wag the kindest sort of a gentleman, and when he came for me in a carriage in the evening I went with him. 1 wanted to take my clothes, which I had done up in a bundle, with me, but he said he would havj tbem brought to me the next morning. That was "all that saved me, as you will see. W.bon we got up to the bouse where be said I .- to stay (It was a brick bouse) ho rang lbs tie!!, and we got in after the folks on the inside bad undone a heap of bolts and chains to the door. When we went in the door was closed lajbind us the same way, aud I thought it was mighty curious. It wasn't long before I knew tbe reason whv, aud found out the. 1 was "wobse OFF than on board the bad boat in the river. I will not tell you about what liappeeed there. You can iiiiagiuo it, and I felt like 1 did on tbe boat, that I would rather did than stay there. All night king 1 sat up and cried. I did not sleep a wink last night. The eyes of tbe poorgirl showed this plainly enough without any other substantiation of the statement. He EL Smith was there. Yesterday morn ing, while the women ot the house were at the breakfast table, there was a ring at the door. I would not go to tbe table I wse not hungry, but I was Bitting there. A fat woman named Sallie sho is the housekeeper, or lhat is what they call ber, went t the door and opened it. When she did so she said il was a man with my cbothus. I started to the door to see tbe man, lor I thought I might thus " escape; she (Sallie'. saw what I was up to and slammed the door to, aud caught hold of me. 1 aiu not so big, but 1 am stronger than her 1 have worked so much aud so bard so 1 jerked loose from her, threw the door opeu. and before they could stop me, ran down the steps, snstched my bundle and ran away. It was then that tne policeman stopped mo. Now you know my whole story. THAI AJtilKHT. The chief having heard the recital of her wrongs, immediately ordered the ar rest of the msn Ed. Smith, whom she ac cuses of hsving so loully wronged ber. It was not many minutes before an officer had him, and in default of $100 forfeit for his appearance, he was locked up. Vp to 6 o'olook last, evemug uothias; bad been dene in the matter of giving the security. The girl, meat, while, was taken care of. 1IKR PERSONNEL is good. She does not look, despite her hard treat meat, a da' uvec lilibseu or six teen. Her lace is o"nl, uuae regular, and umuth small: around chlu, (rood teeth, large almond-shaped nyws. abort brown hair, and pretty good dguro, niako ber altoicetbcr very attractive. Her bands, though rough and herd, are small) ami her foot is small and neat. Sue looks as though she might harficonte from gentle parents, though she can neither write nor read. Her struggle to maintain her virtue is one mat provided ao that she recites ig true) must comuiaud the admiration and respect of all men not utteriy devoid of honor. The poor girl's experience might well make one exclaim: "Oh, virtue! virtue! as thy joys excel, So are thy u oe transcendent ! The gross world Knows not the bliss, the miter; of either!" Virtue, (n this instance, indeed, does seem given to make lis possessor wretched a sad port .ou. fatal to her, who has it. The case will probably be thor oughly examined this morning, and until then we forbear making comments oa the conduct of the various parties concerned. Pl'MPS AND FlXTUBBH 316 Sea olid St. W. E. Ward's Seminary lor yonng la djes, Nashville, Tennessee, the largest school in the .South, snd tbe most com pleted its Boarding snd Literary arrange ments, opens on Thursday, September L For catalogue address W. K. WARD. I havb for the past Might months con stantly used one of the fl2 ' 'ride Gold Lever Watches, manuiactured by Charles P. Norton A. Co., 86 Nassau street, Haw York, and found the total variation In its lime bnt one-half minute (thirty seconds j, and it retains tbe same appearand ol gold aa when pnrabssed. Several of our men use them with the saute results. I oJhavr fully recommend them for correctness and Wear. UOnVACK W. WHLXAJvER, 4 I JsatMiRstUroad, Gas Fittino 315 Second street. Fiicty Hours Naw York Dailies. Joe Looko, 236 Main street, receives the Herauj, World, Tmtet, Tribune, 4u and Journal- ftwawei; also, the weeklies, etc, through in fifty hours. Ske ad-rertiBoment of Dr. Butts' Dis pensary headed, Book for the million MARRIAGE GUIDE In another oo. ajnn. It should be read by ail. Tat 812 Lever Watch, No. 13,080, pur chased Voio Chas. P. Norton A Co., 86 Nassau street, New York, .ranftsry 6th, iiua naeaaad bv me over six months. with a total variation la time of only I twenty-six aVJOOnos, wiinoui tue siigutest ret . n . Hi;, and presents the same bril liancy of color when purchased. J JAMES R, WILTON, Sec. American S. M. Co., N. T. New York, July 30, 1670. PUBLIC SCHOOLS. Report of Superintendent Laath, Showing, Prngraaa and Present Condition af the Public Schools in Memphis. Officb of the Board op Education, ) Memphis, July 11, 1870. j Gentlemen of the Board of Education: The scholastic year of 1869-70, which ter minated on the 24th of June last, may be considered In all respects as the moat prosperous which our city schools hsve experienced since their orgsnization in 1852. For the first time since I have been acquainted with the financial condition of the School Board, its treasury hss been in a state sufficiently sound snd healthy to pay off and diacbarge In full the pay roll of its teachers snd employes of the ywar. This of ilself is a gaod cause lor congratulation. I refer you to the tabulate! atatomeiits A, II. and D, for the statistical informa tion in connection with our aahools for the past scholastic "ar. Tha tola! en rollment hag amounted to 3807. Tbe av erage number belonging amount to 1 colored schools. H41. Tbe par east, of at tendance hss been 87.83; colored schools, 84.3. Tbe per cent, of absence waa 12.27. Average ooat of each pupil, $-1 6&. Tbe total amount of transfer, as per table C, was 41 At. Tsble D exhibits the census of the scholastic population of Memphis, tsken by your Secretary since the diminution of the i rporation limits. Whites, olldj colored, 1I9. Total, 72TV. Tbe increased enrollment snd average attendanos of pupils give gratifying evi dence ot tbe growing importance, useful ness and popular tayor now enjoyed by the schools under your charge. They have overcome It many instances strong and deoproited prejudices, and have drawn pupils, male and female, from the tiresidea ofthe bent families in our oily. For the next year I anticipate an in creased demand for saata in the public schools, notwithstanding the diminution of our scholastic population, occasioned by the recant curtailment of the corpora tion limits. Some of the pupils thrown out of the city limits will doubtless pay tuition to return to the schools; and these added to sacii new pupils within the city as may apply for admission into tbem, may overcrowd this year, aa Inst, some of the schools which are centrally located. Often during the last, year refu sals of admission had to be made to par ents wishing to enter their children as pupils ot the Alabama, Adams and Conn street schools, owing to the crowded con dttion of these schools. It is very disa greeable to be compelled to refuse tickets of admission into our schools; snd if the applicant happen to be a tax-payer, it provokes in bis mind a sense of injustice or wrong done him by the Board or ins S u peri ntenden t. The great and paramount consideration for the Board is to furnish school build ings of suitable size and style to supply the increasing scholastic wants and de mands of our citizens. The lot recently purchased by the Board of Dr. Shanks' estate, at the corner of Market and Third streets, is a situ eminently judicious for school purposes; and the conversion of the building thereon into tour school rooms will afford some relief to the Ala bama and other school rooms. The last week of the year was devoted to public examinations iu both the white and colored schools ; and I am pleased to say that much interest waa manifested by parents and the public in these scholastic exercises. In many instances the audi ence was much too large to be accommo dated by our contracted school rooms, thereby rendering the visitors uncomfort able, and producing a state of unavoidable confusion, very unfavorable to that quietude and calmness which should pre vail in an examination room. The committees appointed by the Board The committees sppointed by the Board to visit the schools during the progress of the examinations (I am happy to report) performed iheir duties well and faithfully: and 1 reierto their report for a more fnli account of tha closing exercises of the city schools. Near the beginning of the last scholastic year 1 furnished the most of the teachers with a snp ,ii of merit certificates and cards to be" issued by tbe teacher to pupils at the close of each day's exercises, sccording as the merit account of each pupil stood for tbe .lay. These certificates were forward ed from the publishers, (J. W. Scherrner horu .V Co., New York), and were design ed as "Aids to School Discipline, and a Substitute tor School Records, Reports and Pri?s." They have been used with the best effect In tas most of our school rooms. On the dsr of examination, medals and prizes in hooks were swarded o those pupils in each school who held the largest nam ber of these certificates of mer t torgoou attendance, ueporuueni. anu scholarship. One hundred and twenty medals aud about two hundred books, as prizes, were thus distributed in tho white schools during the week of examination, the medals being awarded to the juven ile ant Che books to lue more advanced pupils. Had the colored schools been uuder my immediate supervision for the whole yesr, the same system of awards would have bneu extended to them. The practice of distributing annually medals aud prizes in all our schools, white and colored, must exert a very beneiicial etteci in securing a belter at tendance, letter deportment, aud better progress among the pupils. The excessive heat of June thinned our school-rooms to such an extent lhat on the day of examination many of lueiu had less than twenty pupils. It is to be expected that such will be the case every yesr, thus greatly diminishing the per centage of attendance, lat the city schools. I then lore invite the attention of tho Board to the following quotation from the Report of the St. Louis Superintendent tor 188t-9: " The climate is such here thst the school year cannot be extended with ben efit beyond the middle of June, or com mence before the first of September. Forty weeks is, therefore, the length fixed upon since 1861. In more northern cities this may be increased by an addi tion of tour or five weeks." P. 17. If the hot weather of June furnishes what may be termed a torrid argument for terminating the scholastic year of the St. Louis schools in the middle of that, month, how much stronger (a for tiori) is the reason for closing tbe Mem phis schools st the same time, our lati ude being aoout lour degrees uesr or to the torrid zone? It is to be hoped the Board will adoptthe St. Louis rule, and terminate onr .school year by the middle of June. Twelve months since, 1 recommended that tho study ol the languages be ex cluded from the Male High School on Ad ams street, and assigned to a Professor of Ancient and Modern I .angnagea, in a separate department or school room. The experience of another year furruaiu accumulated evidence of tho propriety of such s change. During the last year, Latin, Greek and English grammar, men ial and practical arithmetic, algebra, geoiiiotry, triginometry, natural philos ophy, readbig, writing, etc., etc., ware so bloiidid sud mixed togetberiu this sqavoi. const luting a sort of omtasn aaiterxm mass ot all studies, tuat no mortal mau conld possibly do j amice to auy one of them. The classes, as well as the studies, were so aumerouB, that out of sheer ne cessity 1 1 suppose) the Principal ol tue High School had to send young gentlemen studying English grammar out of his school-room lor a great part of the ses sion, to recito to a young lady teaching a primary grade in an adjoining room. The result was, little or no progress made in that important study. I hope the Board will decide cither to discard the languages altogether from our schools twhlch I should regretj, or pro vide a separate school for them, where they may to taught with more advantage. The play grounds allaouad loour school buildings, where the sexes are mixed, are mostly so arranged as to separate tbe sexes "in their recreations; and strict care is taken by tbe teachers that bo improper trespassing is made by tbe boys upon the grounds assigned to the girls. In the Linden schools lastyear the sexes were seperstod into different school rooms (except where the pupils were very young and small), so that two schools were or ganized for the moat advanced beys, and two for the most advanced girls. This separation of the sexes Into distinct de partments, when practicable, will be found to popularise the city schools, and tend to preserve and cultivate the refine ment of the pupils. Allow me to quote on the subject of the co-ed ucalion of the sexee-iroui the last report af the Super intendent ofthe San Francisco schools; "As I predicted in my last annual report, the separallon of tbe sexes in all our grammar schools in tbe central portion ofthe ott v has met with the most tlatte idg success and approval. The change has been so popular that the principals in nearly all of tho primary schools have applied for permission to separate the boys and girls, and to teach them in dif ferent rooms. The principal of the Spring Valley gratnauar school has also intro duced this arts n ge in the school under his charge, and, with the moat satisfactory results. Aa soon as proper school ac commodation can be furnished, I can not i too strongly urge toe necessity of separa ting tbe sexes In the mission , and thus complete this system of separate education in all our public sctKXrts. It Is demanded by the popular voice of the present, and the experience of the past." A school of boys at the intermediate period Of youth ten to twelve requires a mala teacher to govern it, as this age ia more uncontrolable than when younger or older. At a more advanced age an ap peal may be sacoesafully made to tha judgment or honor or pride of the pupil, w bile tbe rod, held in terrorem, exerts the best effect upon yovmQ - Ixu ncu. In the corps of teachers for the white schools, which tbe Board may select for the next year, at least ten should be male tsacbera or principals. They should be thus locateu : four at the Adam street male schools; throe at the Linden atreet schools (on as principal sad two as teachers); one each at the Pealy.ily, Chel sea and Market street schools, where the schools being few In number, the male teacher can perform the duties of both principsl snd teacher. If the languages be taught at tbe Adams street schools, then another male teacher should be provided as professor of lan guages. I nave designated four mala teachers fnr the Adams street schools because, as these s. tools are exclusively for boys, I deera it ao Improper and dtsareeable location for a female teacher, and therefore recom mend tbat a male be substituted for the female teacher who hss heretofore taught tbe primary school there. The art of speaking and writing the English language with grammatical accu racy is very Important to every one who uses this language aa bis vernacular tongue. Inasmuch aa but comparatively few pupils attending tbe public schools can, spare ths amount of time necessary to pass through all tho grades, I have deemed it expedient to introduce the study of English grammar iu at least ona school-room of each school building, so as to impart information in this art as early and as widely as possible. Until last year this study was pursued, I be lieve, in only three o- four school-rooms iu the city schools, viz: two in the femsle schools of Court street and perhaps two in the male schools of Adams street. All other pupils living st a distance from these central schools were debarred from acquiring sny knowledge of . iglisn irramniar, however well prepared by ag'i or scholarship they may havo been to commence ;lts study. The consequence was thst many entered and left our schools to engage Its the practical duties of life withoat tbe least saltlfll knowl edge of their mother toneue. The Superintendent of the Cincinnati schools, in his report for IHiis p. 2171 says: inlrodution in this branch grammar) cannot be delayed till tbe scholar arrives at the highest grade, wii"re bad habits in speaking and writing have been so tirmiy established that the best instruction m grammar and the greatest energy of the teacher, will not be able to extirpate them." Thus another argu ment lor the early instruction of grammar iu our schools is furnished by the Super intendent of Cincinnati. English grammar was taught last year in ten schol-rooms, viz: Three in the Court street schools, two In the Adams, two in tbe Lindon, one in the Ai ibauia, one in the Peabody and one iu the Chelsea schools. The text book used for the grades below the 1st and 2d was ofa priraur character, but was the beat tobe bal at the time, being Green's ! ir.st Lessons iu Gram mar." Having since become acquainted with an "Elementary Grammar of the English Language, by ; .sre F. Holmes, L.L.D., Professor, etc., etc., in tbe Uni versity of Virginia," I am satisti ;d that it is the most suitable text book for be ginners in grammar that the Board can adopt, and hope that its use In our schools may be authorized. It is euough to ssy of this w rk t at t bears the iss priiiuiLur of the Virginia University Pub lishing Company, who would not issue a book on any subject that ha I not su perior excellenc . To quote from Ihe author's preface: "The work haa been so arranged as to furnish a knowledge of the prinuiples of English grammar in a very narrow compass; to ad'ord a familiar aeqnaiatsnce with them in their applica tions without entering into minute net ail; snd to provide the teacher or tiie ad vanced student with such explauations as sr emed,re.uisue. without confounding tiles i with what was sulllcieut for ele mentary instruction." The work, on ex amination, will be found to come up fully to this description of it. In the annual reports of Superintend ents that reach our office, I notice that different text hooka on the same subject are faequeutly used in the same schools. In Syiacuso, for instance, "Clark's First Lessons," and "English sndoreen's Eng lish" are in use for grammar. Without, then, asking the Board to dis place our present text book (Covell) on grammar, I beg permission to use Holmes' Elementary Grammar in all the grades In which this study may be proper ly Introduced below the lirsi and second. Drawing was introduced Into our schools during tho last year, sud iu some of the school rooms very good results were attained. The Boston Publishing Agents of Bartholomew's Drawing Series sent out, at diderent times, two teachers of drawing, that they might impart in struction in this highly important art of our teachers and pupils; but their stay with us was so short lhat little more was done by them than to initiate the good work. I must award to the sprightly youths in charge of Mr. OL H. Brauu ;No. 2, Adams) the credit of making the best progress iu drawing, as well a in the sister art of penmanship. If the Board of Education could afford to employ a teacher of drawing and penmanship for the next year il would be money protita My spent. No enrollment of the colored schools was made in the beginning of the scho lastic year ; and I am, therefore unable to speai'y tho number enrolled in these schools. Mr. ti. W. Silsby and Mr. Edgar Pierce will furnish, at my retpiest, re ports on the schools at Liuuolu aud Phoeuix Chapeia, with whico they are profitably connected ss teachers: and the Board is referred to then for more de tailed information as to these particular schools, which coutain near Ihroe-lourihs of the pupils attending our colored schools. These schools will oe gra b i so ..I a as they are provided with the same lext books as the wh'te schools. There is a probability, according to pub lic rumor, that Lincoln Chapel will be used hereafter as a normal school. The attention of the Board ia directed to t Ins minor, that other rooms may be provided lor toe accommodation ol the pupils who have attended this school building. Since the diminution of the uily limits, Pco'oix Chapel is within two hundred yards of the corporation lino, and is far r- in the central focus of the colored pop ulation, who send their children to thut school. A local ion on South street would be much more central; and perhaps a suitable building can be pnaturtsl ou or near that street, at as little expense as the Board is bow paying annually for the ground rent of Phomix Chapel. If so, it would be a judicious movement to aban don PhcsBlx Chapel to the 1'rcediuen's Bu reau, which still claims il. Several reports of the Superintendents of other cities, uow on file iu the office of tbe Board, contain special reports of principals in relation to the schools uuder their supervision, which are embraced in Ihe more general reports of the Superin tendents. This plan, or custom, has struck me as a most excellent one; and accordingly, several principals of our schools have kindly furnished me with reports for tbe schools under their charge, to which the Board is referred for mure detailed and specific information, and as supplementary to tbe imperfections of ibis report. li Is with much pleasure that I can here testify to tho faithiulness and eminent ability of the corps of teachers in the em ploy of the Board for the last year. It was our misfortune to lose one by death, to-wit: Mrs. Jennie Tesger, (principal of the Alabama street schools, whose death was suitsbly and properly noticed by the Hoard and teachers at Ihe time of its oc currence, in January last. The health of the pnpijs attending the Memphis city schools has been generally good? though an epidemic of both measles and small-pox prevailed in the city dur ing the months of both winter and spring. Much of that loss in the per ueut. of attend ance is attributable to this cause, and still more to the plonios of May and the hot weather of J une. Not more than four deaths among the pupils of our schools have been reported by the teachers on their abstracts. Iiiirina the past year 1 have literally com piled with your rule, wbicb requires that your Saperlndent "shall devote- his entire tituu during school hour" to visit ing the schools." In the repor;s of other superintendents I observe that some applicants for positions, from janitors to ihe highest officers ia tha department, and receive tbe malediction of all disap pointed candidates, snd not unfreqnsntly of the successful ones, if they succeed against hia supposed opposition. In the language of my prsdeoasaor,"haoontlnuaa, "he must listen to everybody's wants and complaints; accommodate all and dis please none; cater to caprices; combat, yet often succumb to, prejudices; defy opposition, yet often yield to it ; be every -where; do everything and know every thing; or else he i a very negligent, an faiihtful, unkind, unjust and shortcom ing Superintendent." In conclusion, gentleman of the Board, allow me to tender you my thanks for the renewed expression ot your confidence In continuing me another year in the very enviable position of Superintendent of the Memphis City Schools. Respectfully submitted. J. T. LEATH, Sup't of the Memphis City Schools. statistical tsble accompanying the Su perintendent's report: White population between the ages of S snd 20 in the your 18r-70 6981 Total scholastic population, white and colored, I8r 70 - 9413 Number of pupils enrolled in white sebools 3307 Average enrollment do 1870 Average attendance do 1660 Per eei.'. of enrollment on census enrollment 55 04 Per eent. of averaKe enroll tneut on census enrollment 31.37 Per cent, of average attendance on enrollment 270S Percent, of average enrollment on total number enrolled 04.05 Per cant, of average attendanos ou average enrollment 88.07 Cost of tuition per white pupil on average attemraneo $24 47 Cost of tuition tor each pupil, white and colored, 2'AM) pupils $21 65 July 1, 1870. HUDSON VS. FLIPPIN. Tha Contorted Election --Decision cial Chancellor Heath. nf Spe- epsciiy tne number of visits msue during Scholastic year. The Superintendent of San Frauuisao reports tha largest number that I have noticed, who says "during the last year ha has made VtO visits to the different public sebools, being a monthly average of 111." According to a very accurate diary kept by your Super intendent, he has made last year 1367 visits tothe schools under yonr charge, to-wit: 1174 to the white, and 1VS to the colored schools. Ofthe 4136 transfers of tto pils made u pon examination a large proportion of tiiem ware made by yoursuperintendeut. The frequent changes in the principals that occurred. i,ast year, made this work of transiers more" heavy upon the Superin tended, In the higher grades the process of making transfers Is very tedious and laborious. The questions and answers sre in writing, and the midnight oil needs to be burnt to look over and grade the written papers (tripos) of tbe pupils. Take a ciass of tweuty pupils iu tue remaie Hieh Sobool. ami propose only questions each in six or eight different studies, and you have from thirty to forty questions propounded to each of tbettwenty pupils, which will give the examiner from 600 to sou w ri tr en answers to lack over for cne olsss. Multiply this by three or four classes, whioh may be in a state of trans fer at the same time in different school rooms, and yon can easily see that a 8n penuteudeuVs Ufejs nol una particularly adapted to the enjoyment of ofiiimcuM diffnitale, either by dayVjr night. Ttre ex perience of the Superintendent of Meiu paiis fhr tbe last year has been vary simi tar to that of the Superintendent of San Francisco, irom whom I quote in con clusion: "He (a Superintendent) should be ai ways in his office, by the requirement, of custom and public expectation, to hoar lie oompiaiutaol disappointed and in dignant parents, and decide trilling dis putes which soon Id never be. known out side of Uu school room. Ho must listen to the merits and claims of the numerous in Wednesday, his Honor, K, K. Heath, slttiuut ss Chancellor, by ssresmeni of counsel in said cause, gave the following derision : When I commenced my sitting In this cause. I knew only that the present was a controversy bet we" u Judge Hudson snd Judge Klippin, as to which of the two had a right to act ss tbe Criminal Judge of Shelby county, and to receivo the emol uments thereof. 1 kuew nothing of the facts at issue between these parties, nor of the law under which it was sought to enforce the rights, or supposed rights, of Judge Uu.lson. who is out of possession, against Judge Kiippin, wbo has been ad mitted, and has been acting and still is acting ss enc.h Criminal Judge. A perussl of the papers has advised me as to the facts, anil t be discussions ef the learned counsel before me and their very able and enmprehoueive briefs, tiled by them, have sdvassa me of the law of the case. From the papers filed, 1 learn, that on tha 'JUtu day of May, 1870, a public election was held in Shelby county, for Criminal Judge thereof, and that Judge Hudsou and Judge Flipplu were, both of them, candidates lor that position; and that, ou a comparison of the polls, Judge Flippin received the certUicate of elec tion, and was thereupon duly admitted and qualiflei as such Judge, and was act iug prior to ihe institution of these pro ceedings, at the time of such, and continu ously up to this tune ; and thereupon Judge Htiilson tiles the following petition, to wit: And thereupon the incum bent, Judge Flippin, meeting the petition with a piea, which piea ia as follows, and with the petition at on said, is mada part of tne so proceedings: And the contestant. Judge Hudson, therefore moves, through his counsel, to strike this pies from the record, on the allegation that after the petition no written plesd ings sre authorized, and none can be had; aud this motion being debated by coun sel, and heard and understood, it is con sidered that the objection is well taken, ami that said plea be, and it is, hereby stricken Iron the record, since no written pleading is provided for, after tha peti tion. Soe Code, section 900 et eq. ; this simply prescribing that tha contestant " shall present a sworn statement of the grounds of contest to the chancellor," no right being given to plead In writing, the act is to be strictly construed, aa it was in Wade vs. Murray, 2 Sneed 50, where it was held no appeal lav from the chancellor's decision, as the set did not expressly give one; the psrty filing the plea Is, however, to have the same benefit in the evidence, as was sought by pies; and thereupon Judge I'iippin, introduces the written admission of Judge Hudson, filed herewith, and made part hereof, and will be found an nexed io or connected with the plea, or tiled on the saui", w hence it is made to ap pear, that prior to, aud at the time of such elslectioii he waa District At torney of the United States for the district of West Tennessee, aud that he was all tho time, and yet is, in said office, and in the receipt ot its profits; and it is inststvd, therefore, that Judge Hudson wss "ineligible" at the time of his election; and that no person, save one who is entitled to, or has an in terest In, such ollice so contested for, can successfully centost: and lhat these pro osaxliinrH must ba dismissed. It will be observed that the Code, section 7ell, pre scribes not who are "ineligible" or "eligi ble" to office, but simply says that "all free white males of the age of twenty one years.' ' iro qnalidad to hoitl office except persons hoUUng any office of pr. lit or trust under the United States " Tho exact words are not quoted, but the substance is given. This act says nothing in terms as to eligibility, but merely says who may or may not bold; and on the one side it ia contended, this means be is "inehgible'' to such office, and ou i ho other, simply that he could not "bold" such two offices at the same time. To tbe judioiai mind it must, I Ulink, be apparent, that the law-makers iiuderstooifthe difference between eligy bility and huldiny. Article 2, section 10, of the old Constitution, says "no parson shall ha s Senator" unless, etc., and im mediately adds "nor be eligible to any of fice or place ot trust, the appointment to which is vested in the Executive," etc, etc. Again, in article 3, section 1, tbe Constitution says the Governor shall "Itold bis office lor two years, and until his successor shall be olected,and qualified. Ha shall not be 'eligible' more than six years in auy term o I eight." It would be indecent In me to suppose the Legisla ture of Tennessa had not knowledge enough of the State Constitution to un derstand the difference between "eligi bility" and "holding;" it seems to me plain that eligibility applies to the lime of election, while uolding applies to tbe timeof induction into office, or to a sub sequent time. The new Constitution says, Article 2, section 2ti: "Nor shall any per son in the State botil more than one lucra tive office at the saute rime." The contestant says through his coun sel that It Is not to be presumed that be will do an illegal aut ; hence. If needful, it is to be presumed he will resign before being inducted in, or entering upon, his new office, and that this can be done at his will and pleasure, and the resignation be comes absolute, so soon as mailed. Wherever the right of resignation has arisen, either in the State or Federal courts, save In the case of Hoke vs. Hen derson, 61 Devereux, Law 1, North Caro lina, so far ss I know, or can ascertain, this principle has been affirmed; and I will presently show tbe case in North Carolina is not in oontlicl with these de cisions; most ot tbe cases will be found collected in tha State of Nevada on the relation of Nourse vs. Clarke, 3d Nevada reports, 566, whore the principle is broad ly laid down that a party holding; an of fice may resign when he pleases ; "and this resignation" does not depend on "the acceptance or rejection by the Presi dent," quoting the words of the Federal oourt aud adopting them. Tbe only case in apparent courtim ia the North Carolina case, In which, on alose examination and comparison of facts, with tha facts in the other oases, it will be seen the candid is only apparent. The other oasaa of officora resigning, were cases where the holding did not par take of the nature of a contract : that is, the resignations were of officers who gave no bonds for the discharge of their du tios; while the North Carolina case was the case of the clerk of a Superior Court, appointed tor life, and who had to give, and did give, heavy bonds for the per formance of his duties; and it may well be that in such a holding, thus partaking of the nature of a contract, if uot an express contract, tbe resignation must be made to and accepted by, the sov ereign who appointed to office: indeed, I think that is ao, snd thst in this case, as in the other cases, the party may exer cise tbe right of resignation, at his own will and pleasure, without impugning Hoke vs. Henderson, whioh, alter tha Dartmouth College oaae, I look upon aa the most valuable constitutional oaae ever I'ifaTs These cases establish that a man hold ing an office may resign at pleasure, snd hence lr the contestant resign his office, any time before admission, or rather mo tion to admit, he will not "hold any of fice of profit or trust" under tho Federal Government! the law forbids holding, but says uotbtng as to eligibility. The contestant, through his counsel, insists that there is another principle rsf law, whioh removes thls: objection to his admission, and hence to his contesting Judge Flfppin'a rights to otiiee, and that principle is, that the ac ceptance of one office ipmoaeto vacates a imnor nmct. so tnav u Juuge nuusn shall accept this office, bo is out of tha other, and hence lie will not "hold an of fice of profit or trust," under the Federal government; and I am thus compelled to pass on this position. Aa long ago aa Dyer's Reports It waa de cided, "the Judge of a Court of Common Pleas loses his office on becoming a Judge Of tha King's Benoh;" Dyer, ,li8, as quoted ia Petersdorf, vol. 13, page 5; tha original I hays not soon. In Rax ra Trelawney, 3 Burrow's Re ports 1615, decided 1766, there wss a mo tion for an information vs. Sir George Trelawney, for holding two offices that wars iooompallble; tha Information was not granted, Lord Maoadeid remarking, that "if thaaa two offings, of Stewart and Capital Burgess ware Incompatible, CAe acceptance of One latter would imply a tur render of the former." In the case of Johnson vs. Margetson, 1 Henry Blavkstone l, decided by Lord Loughborough in 1780, and in whieb the plaintiff,; as Commodore on tho Lisbon Station, was r''"ff tor prize money, tha Court held the action must fail, because at the time of ihe capture of the prize, whence the prtz i money came, the plain tiff had a-cpted a commission to cruise on another station and thns "resigned" his position on the Lisbon Station. Ia Mllward vs. Thatcher, Lord Maria field presiding, it Is said a resident "of the corporation of Hastings may be elected town clerk of the corrrstlon but the two offices are incompatible, and the acceptance or the latter, though an iuterlor office, will vacate the former:" this tecfalon was made In 1787, and will be found 2d Dumfbrd et Ragt, 81. A h -rst says if the two offices be "In compatible, the acceptance of the latter vacates the former." in King vs. fiodwln, derided In 1780 by L ml Manfield, and reported in Douglass, ia a note to page :. marginal page 383, it is said "if tho two offices are incompat ible, then the acceptance of the higher ci' the two vpno facto vacated the other." The principles of the English ennrta hsve been adopted and acted upon In the United s ate, as will be seen in the case of the people vs. Carriqne, 2d HiU, snd the cases cited, snd the author referred to in that case. In tha' case Carriqne was in possession of one office, snd was acting undsr it; he thea accepted another in compatible office, and qualified, and en tered on the dntlea of thst ; snd this pro ceeding was an infnrina ion charging him with "usurping" the second office; and it was insisted, inasmuch as he continued to ao in the first office, "this was rather an elect ion to hold hia first office, not withstanding his accepting;, taking tho oath, and entering on the duties of tlie second :" "the contrary." says Judge Cowen. "is entirely settled, and toe effect ilirontly opposite to that which is supposed to have followed; it is said in the book already cited, (Angei and Amos on Corporations 2"s that a resignation by implication may take place by being appointed to and ac cepting a new om -e incompatible with the former: and it is added in a note note 4) that this ia an absolute determination of the original office, and leaves no shadow of tills to the possessor, so that neither quo ill i T uor a morvm is necessary before any other may be elected ; ' ' and a j udgtnent was rendered for t ha defend ant : lhat Is, thst he waa no sat usurper of the second office, but that the first was vacated by ihe acceptance l tbe second, and be was rightfully in possess inn of the second : this brings me to the last decision so far as I know in this country; 1 refer to the ease. in tho matter of lienors! J, . Martin. ' reported in North Caro lina; lat Winston's Lsw, 153, snd decided, if I recollect, in 1883. Gen eral Martial waa the A lintsnt (ieneral of North Carolina, and, so holding that office, he accepted the office of Brigadier General, under the Confederate States of America; and on proceeding had before the Supreme Bench of North Carolina, it wis adjudged that the aco -ptanne of the office of Brigadier General, vacated the office of Adjutant General, and left it open. This case not oniy affirms the de cisions alresd y alluded to, but shows fur tuer thst it makes no difference in prin ciple; that one office is held under one Government and tbe other under another; and sll these cases in regard to implied resignations show, in my opinion, the unqualified right whish a public officer has to throw up his office at hia pleasure. Satisfied that Judge Hudson has the ab solute right of resigning tbe office ho now holds, at his own will and pleasure; that the acceptance of the office now contested for would vacate his present office; and finding in the Code no qualification ro qiuren! for a contestant, ssve that he was "a candidate," See. 980, I am constrained to bold that Judse Uolden, notwithstand ing he held at the time of election, and now holds, the office of District Attorney for the United Stales for the District of West Tennessee, is entitled to contest the -lection o i Judge Klippin. This de feuse ia overruled, snd tho cause most proceed. H. K. HliATh. August 31, 1870. Chihbsr Spki'IPK'. This medicine is advertised by Mr. J. V. Fussell, an old citizen, known to be a man of integrity. Head his advertisement in another col umn. Try It. Mrs. Whitcomb desires all to try her Syrup. It is the great children's soothing remedy, and sold at tho low price of twenty-live cents. Simmons' Liver Regulator haa no equal as a preventive or cure. LETTER LIST. The following Is the list of letters remstn lug la the Memphis PosUiffloe aud not deliv ered by carriers yesterday. All letters directed to street anil numbers will be delivered promptly by carriers. LADIKrV LIST. Brown mrs 3 Rugg'.es miss (1 I'roasiiiile mrs V HprsvttmrsO Curry mtssM K Hsndllu miss L Franklin miss I, B tshepard mrs Hammond miss Ml Thomas mrs M A J Miner miss M il Thomas inra It J Mills mis E A Wiley mrs R Humsey mrs C J GENTLEMEN'S LIST. Horth W Powell II Polk eapt I M Vlgco W J Uriel W u i:isrk 1. A Collier U Cotter M Colllsr H B Castle N Dalukus Francis W W Varlay J W Fra.ler J L Uritnn J Urt-i-n ti is Ullhertaou mr lioley K .1 Uooper W C Marl T Holalead H K Hntton J I Jefferson 0 aUiislow J 1 A.gan W I.9W1S J B Lanegar K Munritroyde J Mori ii Fa Muntordit H Nasu J W Roberts K B Itease.I Ryder T F -mil l U N Hnowdy 4 (col) Sexto u It A Co Wilson T While E Worabam W T WeslerneldCU Rgow.i A Jowks, 2S2 Main street, Bethel! Block, wholesale and retail dealers in Pittsburg. Cannel and Ohio river Coals, and Gaa Coke. Both city and steamer trade supplied. RIVER NEWS. BOATS LEAVING THI8 DAT. 1st. Louis. GaJtnn Tow sr... ." p.m White River PatClbburkb h p.m Viokahurg city or VtcKBiiUKsi-.. j p.m 'ew llrleans R. K. LKK I D.m Friar's Poluk A. J. White 5 p.m ARRIVALS. Bismarck - -St. Louis Meuaial Anderson Friar's l'oiut R K Walt ..White uver Carrie V. Konnts -.New Orleans DEPARTURES. General Anderson... Celeste Bismarck - Carrie V. Kouulz.. Friar's Polnl ...Arkansas river ..-...New Orleans JSt. Louis IN PORT. Pat Cleburne. rivbbs, wkathbk a5D business. The river is tailing at this point, though not rapidly. Onr dispatches give the latest news from all ports. The Arkansas is falling, with about 4 feet to Little Rock. White river is at s good stage. The weather ia pleasant ; clouds appeared last evening, and rain waa looked tor. Busi ness on the levee i moderately brisk. BY TKLBOBAPH. LorrrsviLLB, September 2. Departed: Mollis Moore, for New Orleans, The river is rising slowly, with 3 feet scant down tne chute, and 6 feet on Portland bar. There was a heavy rain this after noon, and to-night it is cloudy snd ploas snt, and look3 like mora rain. CiliciHHATt, September Z Tho river fell 3 inches in the poet twenty-iour hours, and there is 12 test in tbe inannei. Departed: Jennie Howell, for Now Or 'laans. PiTVSBUBO, September a Weather clear. The Monongahela has ii fast 2 inches, and ia falling. CAiKO.SepiemberZ Port list: Camelia, from Memphis to Louisville, 10p.m. ; H. E. Lea, from Cairo to New Orleans, 12 in. ; Orand Tower, from St. Louis to Memphis, 2 a.m.; Susie Sll y or, from St. Louis to New Orleans, A a.m.; Edinburg, from New Orleans to Louisville, i am.; St. Joseph, from Memphis to t. Lords, 7 a.m. ;" Julia, from Vlcksburg to St. Louis, 7 a.m. ; Shark, from St. Louis to New Or leans, y a.m. ; Grand Lake, from Grand Tower to Memphis, Am. ; Norman, from Memphis to Louisville, nrxra; R. J. Look wood, from St. Louis to Had river, 3 p.m. ; Sallie, from Arkansas river to St. Louis, 9 p.m. The river rail 3 Inches. Heavy rain this afternoon, and cloudy. Mercury 80. N'Ashvillb, September 2, The river ia falling rapidly, with 3 feat large on Uarpeth shoals. Weather fair. New UaUANS. September tL .arrived : Email La liarge, Irom St. Louis. De parted: Kellogg and barges, fanes sa. Louis. n u.sbi ho, September i Up: Colo rado, ii p.m. a taaj ra r Bason asr jr. twa-ara- . , The Bismarck oame in last evening and laid over here till daylight. She had a good trip for New Orleans. Mack Hausnaett, of Pine Bluff, waa a passenger on the Celesta for his home. Mr. TesVtus. freight agent of the Erie railway cotton euresL is tbe -North, where ha spent the Tbe City of Alloc waa doe last Vickewirg, but had uot arrived at a late hour. Tho A. J. White, Captain George Ma lone, leaves to-day for Friar's Point and way landings. Sho carries tho United States mall. Tho Celeste, for Little rtoeat, nasi o usg trip. The regatta between tho DeSoto and Chickasaw boat clubs will oome off this evening, and we have no doubt will bo witnessed by s largo number of aatr aett aons. Both crews have been pistslsfg for some days, w. v....... mainH a PajI'icah Daner con taining a full description of the Indiana, as she aow lies st mat port. She is In elegant order, refitted inside sad with new furniture, bedding, etc. rtne out ou tho 15th ins. The R. . Lee will nass down thiaev lug (or Nsw Orleans. Sho ia very beauti ful, having been entirely renovated. Cant. John Cannon is master, and ber officers are sll popular gentlemen. The cabin of tbe R. R. Lee ia embellished with sn elegant show case, in which sre exposed tbe magnificent silver sou pre sented to Capt. cannon by his friends In Louisville. Also the beautiful silk flag, presented by the ladies, and the horns worn by the famous J. M. White. The latter are handsomely gilt. The splendid CUy of Vlrksbnrg, Capt. C. I. Conway, passes down to-day tor Vlcksburg and ids bends Andy Isaacs an I .eo. Krigga Sre her clerks. The Gram! Tower, Cspuraa George W. Lennox, wltn Thomas rt. White ia tho office, leaves t-.-day for Cairo sad St. Louis. Soe eonnents, with tho trains north snd eaat. 4 The beantitol new steamer Pat Cle burne makes ber first trip to White river to-day. She goes to Jax-ksnnpeat and connects with tbe trains for Little Rock as well as wtth the packet for up per White and Black rivers. Captain Reese Pritchard will retain command, and in bar office will be found the popu lar clerks of the Walt, Messrs. Wwa. T. Butler and John and Hilly Souther. The Carrie V. Kounlz passed np last night. Ed. W. Crowell, K-q., of Ihe firm of Larry Hsrniatad A ' , ot this city, is in San Antonio, Texas. He ia in good health. The Thompson Dean is due from below, bound to Mi. Lenta. The U. M. Shrove ia coming up on one wheel. She burst a cylinder, coining out of Red river. It wili be remembered that a similar accident happeueu to her on ber last trip, at or tbe same place. Captain Amos Bulsnder died a few days ago, on the Emma Floyd. The pilots ol the Missouri river are said to have received warning from Kansas City lhat a new ssnd bar has been formed there at the place where Henry Clay Dean went in to bathe. The Wade Hampton made her debut sa a regular semi-weekly Fort Adams snd New Orleans packet jeaferday. The It. P. Walt was tskan to tbe upper landing yesterday. She will be retouched with paint, and coma out again in a few days, ready for the fall trade. A St. Louis exchange says: "We have it tr im a first-clans source that John D. Adams, of Memphis, thinks of running this should probably read 'has determin ed to run') three of his largest Arkansas boats, dnrtng the low water season, be tween St. Louis and the mouth of the Arkansas, in connection with tbe lighter draught boats navigating that stream. Of course this arrangement ones in under the auspices of the St. Louis and Memphis Packet Company. The steamers to run here are the Mart. Walt, Legal Tender, and Pat Cleburne." STEAMBOATS. FOB BT. LOUIS. Memphis and St. Louis U. S. Mail Law For Osceola. Madrid. Hickman. Belmont sad Cairo, Connecting at Belmont with tae Iroii Mountain B. B at Cairo with Dllnols Central Railroad, and boats op the Ohio River. GRAND TOWER Lennox, master Taisspiendlu passenger steamer wiu leave as anove THIS DAY, Id Inst., st 5 p.m. Freight received at theflt. Louis TThaifliuol. W K. DILL, Agent. ae3 KI.KM. CALVkBT. Snp. FOR RED RIVER. PSria. I 1 r. .. ur HaH Hub.,. 1S I MJU, Oil I B . fHJI l, S1CABIIU1S, 'trSllll E.- .re and Way Landings. a. J. LOCKWOOD. - las. Ceghifi, Master. This elegant passenger steam Will leave THIS HAY Id In, at H p.m. For all information apply to W It. CARTER, General Agent, or to ss3 j. t. Washington. Agent, FOR VICKSBURG. United Mtalea Mail Lane for Vicatstxiry.-for Helena. Napoleon and Vlcksburg. Dm Or? VICK-sBURU .., master This elegant passeuger pacaet m Jl " s. leaves as above nlsaagaaaaC HATURDAY, HesA Jd, at a p.m. Srelgbl received annual. Louis wharfboat. W. U. DILL. Agent. ep3 KI.KM. i Al.VKRT. Kap'L FOR WHITE RIVER. Memphis and Arkansas River Packet Company---White River Lioe. Kor Helena. Month Whits River. Cla QscVaai's rJluttTand Jasksonport. PAT CLEBURNE. : Reaee Pritchard,! This elegant and fleet passenger Steamer will leave as above saw s rt" RDAY. M last., st a p.m. For irelghl or passage apply to W. 11. KKN.N RDAY, Agent, t No. 3 Madison street, Stanton Block . dam an nasi it. , WSJ FOR NEW ORLEAXS. roxr ZtTe-VBT- Orb The UghtniUK iiassenger steamer R. E. LEE i Cannon master. Will leave ISVITRHAY, Hept. Id, at 5p.nl uai iru w. uin l mi ti.siis, ien i Airent su:s law rront FDR FRIAR'S POINT. FOR HELENA & FRIAR'S POINT The new aud elegant staauier A. J. WHITS Geo. Maloue, master This entirely new and elegant -A a. passenger steamer, built expr.-amCBBaaaaC ly for this trade, will leave aa above every FOR NEW ORLEANS. Memphis and New OrJeans Regular Packet Line Season of I870-7L BELLE LEE MAGENTA, L Frank Hicks, - J. Slot Neat One of tbe above elegant pas senger parketa will .eave Mein-J Dhls for New Orleans everv Wednesdsv. com menelng Wednesday. September 141b, and will continue In tha trade inrooghoat that auga .be aU st I SO lad 41 lie I sad Hw mr MEMPHIS A NEW ORLEANS LINE, SEASON OF 1870- 71, 3 U The low-pressure steamer, RICHMOND, : : Nat Sre a, Maater M0LLIE ABLE, : : Du Aste, master ONE of the above elegant pas senger pauatets will leave! V. , r, . . I. i u ,w ntAw rip I Anna ITubsv Q . . .- .... . commencing Saturday . September 17th, ami will continue In tbe trade throughout the FOR WHITE RIVER. and States Mail Line. a Ma t Kl At t" DURING the summer, sndnntll lurtber nottest tne aeass of this line will lsava Memphis for I1TSI UU 1XM.iim'ym sob Sattird'yat At 5 o'clock p.m. 1or freight or passage apply on board, or as W. H. KErTjrEDA Y, Agent, No. 3 Madison st.. -Stanton Bloek. Or to ELLIOTT MILLER, Agents, acD No. 2 Promenade at., on p. Lauding, FOR ARKANSAS RIVER. Mfiffipfcw and Arkansas Rtvtr U.S. Mail Li SUMMER ARRANGEMENT. 1 MI RING the so kJ (lav boat for Arkanaas river will ka asail drawn, and daring the present good stage ol water our oosis will leave aiempms for Little Bocat and ail Intermediate landings as fol lows; MARY BOYD R. L. Harass, inilw arery Monday, at r, u'aiork p.m. The new and elegant side-wheel steamer. PAT "I nnr" Reese Pntcnawd, aaassar Every Friday, at i o'ctoe. pun. Returning, will l.ave Utile Bosk tea-Mesa. puis as louows; MARY BOYD R. L- Haines, master Every Thursday, st 5 o'clock p.m. PAT t'LEBURN E Reass Pritchard, master livery Monday, at a o cioca p.m. TIm, hoata are new and elegant passenger packets, and are unsurpassed by any boats In tae Hue for speed and comlorL They make direct connection at Little Rock for HOT SPRXNU3 wltn the regular United States mall coaches: and Aw FORT SMITH and all mtermedlale points on Mondays and Thurs days with the new snd vary iignt-draft nBBSliliaa)! pararia. i mnnn 'e. caaiLaiu ma. mukea, and Fort Gibson, CapL Bowlln. Freights consigned to ibis Liars at Msm rasuoat mouth or White Iti van will be nor warded Dromntly to lissH iibiIbbi lasaa sj charge for transfer. Junn ii. aiiasb, r reaiueni. Ho. i Madison St , Stanton Bloek. Moeunsa A Oaaatai, Ticket agents, aoS No, & Man ton Block, lower floor, I aaanaaBBBBwasawsBBBa