Memphis daily appeal. [volume], September 03, 1870, Image 4

About Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886

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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
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