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"" ~*r*sn-lSVAKIABlT JJt ADVANCE. gfofonmul gispidt THE CIRCULATION OF THE DISPATCH IS LARGER THAN THE COMBINED CIRCU LATION* OF AI>L THE OTHER DAH.T NEWS PAPERS OF THE CITT. , * SATURDAY....* MARCH 16, 1S78. WEATHER REPORT. Indication's for To- Day.? For tbe Mid dle States, rising barometer, colder north westerly winds, and clear or party clotidv weather will prevail, followed during Satur dav by falling barometer and winds shift ing to* warmer southwest or southeast. For the South Atlantic and East Gulf States, rising followed by falling barometer, variable winds, warmer and partly cloudv weather, and possibly followed in the latter by southeasterly winds and rain-areas. TlIK WEATHER YESTERDAY Was partly cloudy and cooler. Thermometer yesterday: 6 A. 31., 48; 9 A. M., 51 ; noon, 58; 3 P. M., 57; G P. M., 53; midnight, 47. LOCAL MATTERS. The Telephone? Easy Communication* Between- Richmond and Norfolk.? Mr. J. W. Kates, superintendent or the Western Union Telegraph Company for this division, yesterday evening save a number of gen tlemen? "ministers of the gospel, newspaper reporters, merchants, and others? an op portunity to test the practical operations of tlie telephone. The wires were those of the Western Union Telegraph Company ex tending from his private office here to Pe tersburg, and thence to the companv's office in Norfolk? a distance of one hun dred and five miles. The instrument used was that belonging to the Gold and Stock Telegraph Company, of New York. It is uot larger than a man's hand. It is of gutta-percha, and is about one inch in thick ness On one side is a circular cavity, which is big enough to cover the mouth or the greater part of the ear. It is connected with the iron telegraph-wires by a kerite or flexible wire, which enables a person to move about the room with ttie telephone at his ear or mouth. The telephone can be Used with equal convenience at the mouth, as a speaking-trumpet to transmit your j words to the person with whom you are in communication, or as a ear-trumpet to hear what he says. For one person two of these 'phones are provided. One is usually held at the ear; the other at tbe mouth." For greater distinctness in bearing one can be applied to each ear. Messrs. Kates and Paynter conducted the experiment nt this end of the line, while Mr. X. C. Pamplin ("old Nick"), tbe manager of the telegraph offiee at Norfolk, operated down there. Nearly every word uttered at Norfolk could be heard with a "phone at your ear. Monosyllables and short sentences were licard with perfect clearness. Long sentences were heard about as well as when two persons, separated by a common stud-partition, are shouting to each other. Conversation could be carried on without difficulty, and only now and then were words lost*. Our reporter asked, " Who are you?" Promptly came the answer, "Nick Pamp lin.'' To the inquiry, "How are you?" he responded, " Very well. How are you ? " Ail these words and hundreds more passed between the two points with remarkable distinctness. One of the Richmond party (a newspaper reporter) sang a vcroc of " The Broken Spell," and a Norfolk voice? a very sweet one? responded witb tbe "Last Rose of Summer." The tunes and . words were very clear. The Norfolk party re quested that Mr. John Redford should come to the instrument and sing them a song. Mr. Redford was sent for, and with charac teristic politeness responded promptly, and sang one or two verses of "Good-Bye, Sweet heart/' One of our party asked" Norfolk, " How is that ? " The answer was, " Splen did.". Soon after this, ateaeh office gathered a quartette. Our folks here sang tbe Sweet Bye-and-Bye, solo and chorus, and the quar tette the Pirate's Glee, and solos Kathleen Mavourneen and "When tbe Swallows Home ward Fly, quartette. The Norfolk party furnished us with the following, giving the names of their songs and singers on the occasion : First solo, " What Will You Do, ! Love?" by Mr. W. A. Power; second solo, '? Wearing of the Green," by Mr. W. A. Power; third solo, " Molly" Bawn," by same; duet, "Lost Proscribed," from the opera of Martha, Messrs. W. A. Power and (4. G. 3Iartin ; first quartette, " Oft in the Stilly Night,-" Messrs. George n. Martin. George 31. Todd, Frank Craig, and W. A. Power; second quar tette, "Genevieve," song and chorus, Me.?rs. George G. 3fartin, George 31. Todd, alter X. Taylor, and 'Frank Craig; third quartette, " Sweet Bye-and-Bye." 3Iessrs. George G. 31artin, George M. Todd, Walter X. Taylor, and Warren G. Elliott; fourth quartette, "Joys We've Tasted," Messrs. George G. 3Iartin, George 31. Todd, W. S. Johnson, and WTalter N. Taylor. Solo, " Simon the Cellarer," by 3Ir. Warren G. Elliott ; solo, " Katie Lee," by Frank Craig ; last solo, "The Old Friar," was by Mr. Frank Craig. I he last solo particularly was as distinct, though, of course, not. as loud, as if the singer and bearers bad been iu the same room. ^ These persons here acquainted with Mr. Pamplin recognized his voice whenever he talked. At the conclusion of one of 3Ir. Kedford's songs a member of our party asked 3Ir . Pamplin : " Do you know who that was singing?" "Yes," said be, "Redford." Mr. Pamplin lived in Richmond several years, and knows Mr. Redford well. towards the close of the entertainment >'li the participants became quite hoarse, lhe Norfolk gentlemen thereupon recom mended that the Riehmonders retire and refresh themselves. In the singing it will be understood that each singer put a 'phone to his mouth and each hearer put one or more to his ear. I hat is the great advantage of this particu lar telephone ? the 'phone can be applied wirL equal facility to mouth' or ear. it is not claimed that the telephone will work with complete satisfaction at anv dis tance greater than fifty miles. Therefore the trial of yesterday evening, when 105 miles separated the two parties, and when the sounds were in the main reproduced with accuracy,. goes to prove that for the shorter distances for which it is designed it will succeed admirably. Contract for Grading Awarded.? Tbe joint Committee on Streets of tbe;City Coun cil has awarded the contract for grading Pleasant street between Twenty-third and Venable street, and Scott street between Yeriableand Turner street? about twelve thousand yards? to A. L. Phillips, at eigh teen and a half cents per cubic yard. Muddy Water. ? The promise given to the people when the appropriation to build a new reservoir was- made is not being kept. The water is now as muddy as ever. It seems that no good is accomplished by having two apartments. Sent to tue Almshouse.? The boy who was mentioned in tbe Dispatch yesterday as being in the custody of tbe husband of Lliza Cbalkley, tbe colored woman who was found drowned in the dock on Thursday, has, through the instrumentality of CoubcU- | roan Metzger, beeu sebt to tbe city alms house. Dividend.? The Board of Directors of the Old Dominion Insurance Company have declared a dividend of twenty-five percent on the capital stock of tbe company in dis tribution of its assets, .payable on and after Tuesday next. m VOL. LIII; RICHMOND, YA., SATURDAY MORNING, MARCH 16, 1878, T5IK HEALTH Of ttlCHHOXD; v-X y>^:v -V.*- ' ?-??!.? * '*"***? r*W :-f> ? <i;* ? , '<-A; h .! InMmtlnc Anaual Report of ?i? ? City** Board of Health. ' BIRTHS, MARRIAGES, AND DEATHS -IM PORTANCE OF CLEANING THE 8TREETS AND ALLEY 5? DECREASE IN THE NUMBER OF DEATHS FROM MIASMATIC CAUSES SOIL SATURATIONS? RECOMMENDATION AS TO NEW SEWERS-THE WATER ORDI NANCE-VENTILATION OF PUBLIC AND PRIVATE SEWER S-SIJOCKOE CREEK SCARLET-FEVER, DIPHTHERIA, AND SMALL-POX, &C?i ?c* The annual report of the Board of Health? Dr. J. G. Cabell president ? has been for warded to the Hou. W. C. Carrington, Mayor of the city. During: the year 1,904 living births took place, and 153 still-births were reported, making an aggregate of 2,055 births. The number of marriages was 510. The number of deaths for 1877 corre sponds exactly with that of 1876. The in crease of population would lead us naturally to anticipate a larger number of deaths. Our city, says the Board, suffered from the prevalence of two diseases? viz., measles and scarlet-fever? from which for several years we have been particularly exempt; the loss of life thus occasioned amounted to 51 persons. Our estimate of the population of the city at the mid dle of the ? year 1877 is 77,500 ? white, 44,400; colored, 33,100. The death rate per 1,000 of the entire population is 21.27? of the white, 15.54, and of the col ored 28.(37. We think we arc warranted, in the absence of any new census returns, in stating that the population of this city is fully equal to, if not above, the estimate made. We learn that our public-school accommodations are inadequate for our de mands, while the number of private schools, in place of diminishing, has steadily in creased. The spirit of economy induced many heads of families to become joint ten ants "of houses. The large increase in the number of dwellings erected, and the few of such which are vacant, shows that there must have been a large accession to popula tion. In our estimate of the*added popula tion we have given a ratable increase of each race upon former estimates. CLEANING OF THE STREETS. During the year 43,095 loads of ashes, garbage, and " street-sweepings were re moved. Owing to the large deposit re maining in the -streets and alleys in the flooded district after the subsidence of the freshet of November, when the river rose 25.3 feet above the usual high tide, we were compelled to neglect other parts of the city and confine our labors to that particular lo cality. Some thirty days were thus con sumed. The labor attending the removal of the mud was very great ; but with the cooperation of the Fire Department and the City Engineer, who transferred his whole force, and the facilities afforded by the Rich mond, York River and Chesapeake and the Richmond and Danville railroad companies, the work was satisfactorily accomplished. Independently of the emergency which thus arose requiring this additional force, our experience convinces us that it would be expedient to transfer a iarger force from the chain-gang to the Board for the cleaning of the streets and alleys. Interest and humanity alike require that every possi ble facility should be supplied to free the city from causes likely to engender disease. Sickness alone entails upon a community great pecuniary sacrifices, and death takes away according to the capacity of the vic tim's energy, profit, ana influence. The number of lives which may thus be saved by more active hygienic measures will in crease in proportion to the means em ployed. The losses, anguish, and Suffering consequent on sickness and death thus avoided will be appreciated by all classes. DEATHS FROM MIASMATIC CACHES. We call your especial attention, frays the Board, to the marked decrease in the num ber of deaths from miasmatic causes in the past year. In the year 1871, with a much smaller population, there were 464 deaths ascribed to diseases of this character, while in 1877 only 367 were so recorded. This class of affections is placed under the head of preventable diseases , and are recognizcd as being mainly caused by filth, want of drain age, and imperfect ventilation ? all of which can be remedied. The removal of ashes and garbage, the partial introduction of sewers, and the more regular cleansing of the public streets, have been the cause o? this improvement in the general health of the city. Under these circumstances we most earnestly appeal to you to strengthen our hands by increasing our laboring force in the manner indicated. The increased immunity from diseases of this character, which by a thorough and systematic cleaning of the city will be se cured, will compensate a thousand-fold the small outlay to be required. Immediately after the subsidence of the freshet the in spector of the flooded district examined all the cellars, and gave orders to have them clensed. As soon as the walls become sufficiently dry orders will be issued to lime-wash them ; and to use slacked lime upon all dirt floors. We suggest that some carbolic acid in solution be used in the lime-wash. SEWER FACILITIES AND SOIL-SATURATION. | ' The Board next refer to the lack of sewer facilities in that section of the city lying between Broad street and Brook avenue and the northern and western limits of the city. The soil is saturated with liquid from sinks, &c. ; the air filled with the emana tions from these receptacles of effete mat ter, which, even under the benign influ ence of a bright sun, arc still unmistakable; while at night, without that purifying in fluence, they are intensified and waited into every dwelling. The residents in this district are debarred in many instances from having any basements or cellars to their houses. For years past, notably in the last, that district has sufi'ered from diseases pro duced by causes above referred to. Re peated personal examinations have con vinced us that no other part of the city is in more immediate want of relief by the in troduction of sewers. We are justified in urging prompt action from the urgent and repeated appeals made to this office by physicians. The number of deaths from typhoid- and scarlet-fever, diphtheria, and other diseases, which have occurred in that particular district, justify us in being earnest in our endeavors to secure such legislation on the part of llie Council as will relieve it in future from the calamities of the past year. We recom mend that a sewer be made on Gilmer street, commencing at a point half way between Broad and Marshall streets, and extending to Bacon's Quarter branch, with lateral branch es on Catherine, Leigh, Clay, and Marshall streets. The city will be amply repaid for the outlay by the tax on the property. There are other parts of the city which sufler to a less extent from similar evils, and we content ourselves by suggesting that sewers be made on the following streets : On Jackson from Fourth to Third; Jackson from St. James to Price ; Foushee from half way to Broad ; and on First from Grace half way to Broad. The opinion of the Board should be secured as to the immedi ate and imperative wants of particular local ities, before any definite action be taken as to the extent to which sewer facilities are supplied during tbo year. It is to be pre sumed the Board of Health is familiar with the influences which operate in particular sections to affect the public health, and whether they may be relieved by sewers. WATER ORDINANCE. The Board next argues that il the city can lawfully exercise the authority to as sess a sewer-tax when a sewer runs within half a square of any lot, or compel the run ning of drain-pipes, it would appear rea sonable that it might do the same as to toe water-mains. As tbe useofa^closetcon nected with the public, sewer Is a nuisance unless supplied with an abundant flow of water, and as the Board is required to cause the Connection to be mad<?^?$' question presents jtself: whether it would not be judicious to enact a similar provision requiring the owners of property to introduce water upon the premises. The* wells of tbe city are generally contaminated, and the sooner thefir use is discontinued the better for the general health. It is to b? regretted that tbe public hydrants in dif ferent sections of the city have been discon tinued. We respectfully suggest that tbey be again allowed to flow. The blessings of pure water are inestimable, and our city fathers should supply tbe needy with this element, or be prepared to enlarge tbe ac commodations at the almshouse. The Board renews its recommendation as to tbe introduction of ventilating tubes connected with tbe sewers where new dwellings are erected and closets put in. The health of families is involved in this question. The remedy for apprehended evils from sewer-gas is simple, and, compared to tbe advantages secured, of slight cost. Adequate means should also be provided for the VENTILATION* OP PUBLIC SEWERS.? SHOCKOE CREEK. This can be accomplished in two ways? one by erecting ventillating tubcsjjn the sides of buildings and carried above the roof; the other by introducing perforated covers to the man-holes at the intersection of the streets. These expedients adopted, we may confidently dismiss our fears as to any apprehended injury from sewer-gas in our houses. The health authorities of all large cities acknowledge the necessity of providing free ventilation to the sewers. Tn several, the modes we suggest have been adopted ; in others, tbe subject occupies their attention. A conference of the Board with the City Engineer and the permanent Secretary of the State Board of Health has resulted in the recommenda tion of a plan which, in their combined opinion, will remove the. danger of sewer gas. Greatly impressed with the import ance of this subject, we requested the City Engineer to prepare drawings to explain the manner in which this may be accom plished, which has been done, and they are submitted to the Council with explana tions. The Board next refers to Sbockoe creek, and says that if the finances of the city do not justify the con struction of a large covered culvert over it in iis passage throughout the city we respectfully repeat the suggestion that its course be defined and narrowed so as to render the flow of water more rapid, and thus better convey the contents of the sew ers. The Board asks that operations be commenced at Union streetand be extended this year to Broad. In constructing either a briclr or stone culvert in that locality, it is thought that it will be necessary to build upon piles, and work now done will answer hereafter for the superstructure. The value of the adjoining property will be greatly advanced by such an improvement, and it is reasonable to presume that the owners will gladly bear a share of the cost of per manently improving that section. DIPHTHERIA AND SCARLET-FEVER. Under this heading tbe Board says : Last year we felt warranted in calling attention to means of disinfection (in cases where these diseases appeared) as likely to pre vent a dissemination of the contagion. We again urge that the same precautions be used, but in addition, in case of death from either of these maladies, notice should be given of the cause of death, and in no case should the body be taken to the church, and tho frniprnl should be as private as pos sible, all young persons being excluded. Early burials should in all such cases be encouraged. Until the passage of an ordi nance requiring physicians to report dis eases of this character no action can b? taken by the Board to require early burials. SMALL-POX. To the thoughtless it may seem useless to call attention to the dangers to be appre hended from small-pox, as no case appeared last year in this city. But as our annual re port is the proper channel in which we can give our views, not only to your bodies, but to the public, we avail ourselves of this me dium to urjreupou our citizens the necessity of having their infant children vaccinated. No child should be allowed to attain the age of four months without being vaccinated. All prudent persons would avail themselves of its protecting influence at a much earlier date. The Board next refers to the police sani tary inspectors, their increased elliciencv in the discharge of their duties, and the im portance of the positions they occupy. Accompanying the report of the Board is the report of" the Assistaut Superintendent of the Chain-Gang. The Board concludes its report by ex pressing the hope that the advise heretofore j>iven for the improvement of the public health may be heeded. None but physi cians and boards of health pay much atten tion to these subjects. The laws governing hygiene are simple, and can be comprehended by anyone. Our communities are not aroused to the importance of the subject until an epi demic makes its appearance and its ravges are shown. Then it is that municipal au thorities, appreciating their dereliction in the past in not clothing its health organiza tions with sufficient discretion, rush forward and bestow unlimited powers: but in many instances at too late a date. Cleanliness of persons, and cleanliness of bonses and prem ises, ventilation and admission oi sunlight, with proper drainage, will secure a stand ard of health as high as is compatible with the laws of God. We urge nothing further than that our municipal authorities will consider the suggestions we have from time to time made, ? and, if in their wisdom deemed advisable, adopt means to carry them out. , Unclaimed Letters.? Among the un claimed letters and postals remaining in the Richmond post-office are tnose addressed as follows: J. F. Nuckols, Mrs. Delplia Nel son, A. Ostwald, J. Henry Palmer (2), Mary Padgc, Mary Patterson, 1023 St. Mary street ; John M. Petitt, A. B. Pierce, Miss Nannie Pleasants, care of Judge G. W. Pleasants ; Charles E. Post, T. L. Powell, W. T. Pur fer, Mrs. L. D. Moore, A. M. Read, Craw ford Redd, Julia Robinson, Ed. J. Rose, Eppa Robinson. It may be stated for the information of the readers of the Dispatch that the lists of unclaimed letters, etc., occasionally in serted in the local department of this paper do not include those which are regularly advertised every Saturday. Richmond District Pomona Grange.? This Grange, composed of the different subordinate granges, whose trade-centre is Richmond, will meet in the hall of Blanton Grange, Crenshaw's JPatrons warehouse, at 12 o'clock M. on Tuesday. It is com posed of masters.and past masters and their wives, who are matrons, and three dele gates, one of whom must be a lady, from the different subordinate granges. There are several very important matters, we learn, to come up at this meeting, and no doubt it will be a very interesting occasion, It is expected that & number of lady mem bers will be preseqt. i ^ Ralph Bingham, the Boy Orator, will by special request give one of his delightful entertainments to-night at the Union-Station church for the benefit of the Ladies' Sew ing Circle. This will probably be the last oiABprtunitv tbe people in the vicinity of ; Unron Hill will have of seeing and hearing this youthful genius. The Theatre? Raymond.? On Wednes day night next Mr. John T. Raymond, the distinguished comedian, will appear at the Theatre, supported by a fine dramatic com pany. The sale of reserved seats commences on Monday. ablHoton. ' ??? >- ? ? ' ; ? -? - . ? ? - - ?? . . . . . . . . . Decision In an Interesting Case. r-r^JVr ri$- : ' . .. ?*?> " ?? J"" JUDGE HUGHES'S OPINION AH TO THE JU RISDICTION OP HIS COURT TO TRY THE EJECTMENT SUITS? THE PATE OP THE ESTATE DECIDED, A8 PAR AS IT CAN BE BY THIS TRIBUNAL, AND IN PAYOR OP (JUSTIS LEE- AN APPEAL TO THE UNITED STATE8 SUPREME COURT CERTAIN. i In the ca3e of G. V. C. Lee against Kauffman and others, involving the question tof title of tbe Arlington estate, Judge Ro bert W. Hughes, silting as United States Circuit-Court Judge, on yesterday gave his opinion on a highly important preliminary point. PACTS OF THE CASE. In his decision, which is able and elabo rate (it would fill nine or ten columns of this paper), Judge Hughes makes tbe following statement of facts : Tbe late G. W,. Parke Custis was tbe owner in fee of the tract of eleven hundred acres of land which is tbe subject of this controversy. It is known as the Arlington estate. It is situated south of tbe Potomac river, in Alexandria county, Va., and forms a conspicuous objectin tbe landscape which presents itself to 'the eye in looking south ward from tbe Capitol at Washington. It is an estate of considerable value and of profound historical interest. Mr. Custis, who died in 1857, devised tbjs estate to his only child, Mrs. Mary A. R. Lee, wife of General Robert E. Lee, to be held during tbe term of ber natural life, and at ber death to the present plaintiff, G. W. Custis Lee, to be held in fee. During tbe civil war, this estate, with tbe Arlington mansion, was unoccupied by its owner, Mrs. Lee, who was then living; and the title did not pass to her son until 1873 ? the date of ber death. On the 5th of August, 1881, tbe United States Congress passed "An act to provide increased revenue from imports to pay in terest on tbe public debt, and for other pur poses," and on the 7th of June, 18G2, passed " An act for tbe collection of direct taxes in insurrectionary districts within the United States, and for other purposes," and on the 6th of February, 1863, enacted still another law, entitled " An act to amend an act entitled ' An act for the collection of direct taxes in insurrectionary districts witbia tbe United States, and for other purposes.' " Tbe first-named law imposed a direct tax of $20,000,000 unon the United States, and apportioned to Virginia the sum of $987,552.67. Tbe tax imposed on Arling ton was $92.07. On the 11th day of January, 1864, the wbole estate of 1,100 aeres was "sold for tbe payment of this tax by John W. Hawx burstr-Gillett F. Watson, and A. J. Foster, who were the duly appointed and con firmed direct tax commissioners of tbe United States for Virginia. The price bid by the Government was ?26,800? an amount exceeding the means of any friend of the owner who might have desired to buy in the property f?r him. It was so bought in by the tax commissioners, under author ity of that clause of the act of Congress of February 6, 1863, which empowered tbe Government, at such a sale as this was, to purchase lands which might be selected by the President "for Government use, for war, military, naval, revenue, charitable, educa tional, or police purposes. The United States at once took possession of tbe estate, and has held it ever since; no part of the pur chase-money which would have remained, after deducting the tax, having ever been paid over either to the life-tenant or re mainder-man. The estate is now occupied by Frederick Kaufman, R. P. Strong, and about 200 other persons. Against all these by name, as de fendants, tbe plaintiff, in April last, brought two actions of ejectment (now treated as one) in tbe Circuit Court of Alexandria county, Va., having postponed his suit un til within the last year of the period of five years, after which it would in some of its objects have been barred by the statute of limitations. THE LEGAL PROCEEDINGS. The case proceeded there to issue, and thereupon was removed by certiorari to tbe Federal court, where the Attorney-General of the United States intervened in behalf of the United States by suggestion, showing that the Government held by record title, obtained by purchase at a tax sale in 1864, and was in possession for public purposes; raising the question whether this suit, be ing in fact a suit against the Government, could proceed, and moving to dismiss for want of jurisdiction. To this suggestion the plaintiff demurred and answered, and the case was heard and argued at Alexan dria on the suggestion and the demurrer. The decision rendered here yesterday was confined to the law questions arising in the case as it stands upon the record. The court held that tbe suggestion did not of itself defeat the jurisdiction, but that the court might look into the record to discover the grounds of the Government's title and of its right to intervene. Accordingly, the Court proceeded to in quire whether the Government held the estate in its sovereign or in a private cha racter; and, in the latter event, whether it held tbe estate for public purposes. THE SOVEREIGN POWER. The cession of State jurisdiction was never obtained, not even from the Alexan dria government, says the Judge. No pro visions of Jaw looking to establishing the sovereign jurisdiction of the United States over Arlington has been complied with; and tbe Court showed from Vattel, Story, the Attorney-General's opinion, and many other authorities, that the Government held Arlington by private tenure. Inquiring into the purposes for which the estate is ?held, it appeared that only two hundred acres of the estate (which contains eleven hundred acres) are used for an apparently public purpose ? that is to say, the sacred purpose of a national cemetery? the rest being only in the nominal use of the Gov ernment, being actually occupied by some two hundred poor people, who would seem from the record to pay no rent. The Judge then proceeds to examine whether a sovereign power can be sued in directly in respect to property held either by sovereign or private tenure. He shows that in proceedings in rem this can be done in this country whenever, in the service of mesne process, the procession is not wrested from tbe Government, and that though in England in admiralty causes the consent of the Government is required to be obtained ; yet that consent is generally given, as a matter of course. He shows that in other suits respecting personal property tbe United States Supreme Court has, iu many cases, beginning with Osborn vs. TheUnited States Bank, ruled that tbe suit may pro ceed whenever the sovereign is not a de fendant named in tbe record. A WRIT OP RIGIIT. Proceeding to suits concerning lauds tbe Judge*sbows that the decisions of the Eng lish courts, which hold that ejectment will not lie against the Crown, are not applica ble in this country; that the present action is in the nature of a writ of right, and is only ejectment in name under the State law; and that the English decisions, in holding that ejectment will not lie, but that petition of right will lie, really prove that the Crown may b* sued by judicial proceed ing. Coming, then, to the final question whe ther the Government may be indirectly sued for lands in its possession, in proceedings to which tbe occupants are parties defend ant to the record, the Judge cites a line of cases from Meigs vs. McClung, 9th Clinch's Reports, down to Cooley rs. O'Conner, in 12th Wallace, in which the Uaited States courts have exercised jurisdiction in just such cases as this of Arlington, with the sanction of tbe Supreme Court. He then shows that the Supremo Courts of Virginia, Louisiana, Illinois, California, and other States, have supported the rulings of 'the United States Supreme Court iit the exer cise of such Jurisdiction. . The Judge de clares that be is bound- by. these authorities to hold that this .cause .may proceed to issue on the merits, and to sustain the' plaintiff's demurrer to the Attorney-General's sugges tion. IMPORTANCE OP THE OPINION. The Judee.said that be had studied the authorities with more solicitude from the circumstance that all. the tax-titles derived from the tax commissioners who sold Ar lington to the Government had been prac tically overthrown by the decisions of the Supreme Court in Bennett rs. Hunter, in 9tb Wallace, and Tacey i&. Irwin, in 18th "Wallace, and that the fate of the Govern ment's tenure of Arlington seemedto de pend upon this question of jurisdiction. In conclusion, Judge Hughes said: A case of such consequence will naturally ascend from this forum to the lofty and most profoundly revered tribunal of ulti mate resort provided by the Constitution of the United State^. With firm judicial oonfidence, I sustain the demurrer of the plaintiff in this cause, and direct that it shall proceed to trial on the merits. If then it shall go up to the Supreme Court, as I doubt not it will do', I shall console myself with the memorable reflection of Lord^Nottingham in the case of the Duke of Norfolk : " I am not ashamed to have made this decision, nor will 1 be wounded if it should be reversed." Brief Local Items.? An excursion-train ?will be run from Petersburg Monday, the day of the St. Patrick celebration. The very latest and most rechzrchi note paper is of shell pink. By the repairs being made to the stage at Mozart Hall that popular place of amuse ment will be gTeatly improved. The costumes at the grand bal masque of the Jefferson Literary Society will be nu merous and of the most elegant description. Nothing definite will be done in the mat ter of the organization of a Young Men's Jockey Club until after the spring races at Pimlico and elsewhere. The Richmond Grays had a fine drill last night. They will celebrate their forthcom ing anniversary with more than the usual ?clat. Hines and Myrtle Lodges, Knights of Pythias, bad interesting meetings last night. Work on the new paper-mill in rear of the Shockoe warehouse is progressing very favorably. The stockholders of the James River and Kanawha canal adjourned over yesterday without transacting any business of impor tance. The sales of loose tobacco at Shockoe yes terday were 100,000 fts. ; highest price, ?8. At the Patrons 20,000 lbs. were sold ; high est price, 56.75. The favorite bouquet flowers for the Lenlen season are violets and pansies. Business yesterday on the Basin-bank was quite lively, and a number of boats were receiving and discharging cargoes. Forcwai ned is forearmed, &c. The alma nac predicts snow to-day. The walls of the chapel of St. Joseph's Orphan Asylum have been beautifully fres coed, and tbe chapel otherwise improved. Mr. E. P. Odell, living on Brook avenue near Baker street, was fired upon yesterday morning about 3 o'clock by a party whom he caught in his ben-house and pursued. The little child of Mr. F. W. Clarke, liv ing on Franklin street near Seventeenth, who fractured her shoulder Thursday night, was reported improving yesterday. A line of coaches to Hollywood, to con nect with the Yenable-Street line at the post office, is spoken of. Fare, five cents. The attractive soirees of the " Occasion al " Club have been discontinued until after Lent. Easter-Monday night will be duly celebrated. Shockoe-Hill Cemetery is as clean as a new pin, and the good weather of the past week lias made it an attractive place of re sort. The old wooden shanty on Bro^d street near Sixth, which has been a great eye-sore, has been torn down to make room for a handsome stock-brick store and dwelling. Since February 1st ?9,9G8 have been paid into the city treasury for licenses on ve hicles, dogs, and goats. No business of importance was trans acted in Henrico County Court yesterday. Andrew Jackson, sent from Loudoun county,, was received at the penitentiary yesterday to serve out a term of three years for burglary and larceny, and four years for setting fire to the "jail of Loudoun county. The Henrico county road-overseers will meet at the court-house to-day and submit their reports. Overseers will also be ap pointed by Judge Minor for the ensuing two years. The slopes of- the roadways of Libby Hill leading from Main street are being nicely turfed. Acting Justice Crutchfield disposed of forty-nine civil warrants of various descrip tions yesterday. The collections of United states internal revenue yesterday amounted to $3,942.40. A detachment' of nine policemen from each district, under the command of Ser jeant Parater, will bead the St. Patrick's Day celebration. The oyster fleet in tbe dock was aug mented by the arrival yesterday of two sloops from York river. The indefatigable Master Ralph Bingham had another large audience last night at the Venable-Street Baptist church. A very handsome residence is just being completed 011 Franklin street near Foushee for Patrick H. Starke, Esq. Albert Michaels, Esq., formerly a well known citizen of Richmond, was yesterday elected a justice of the peace for Tuckahoe district. ? Personal. ? Governor Holliday left for his old home, La Winchester, yesterday morning, and will be absent about ten days*. That was a good thing the Governor said when, in response to the committee of the two houses who stated to him that the Gen eral Assembly bad completed its labors, and was ready to adjourn, he responded that he was much gratified. It left some legisla tors, it is true, in doubt whether he was gratified at the conclusion of their labors, or that the moment for adjournment had ar rived ; but the majority saw and appreciated the point, no doubt. Every legislator, every officer of the Government, every citizen, every reporter, everybody indeed who has a question to ask about legislative afl'airs or business to trans act with the office of the clerk of the House of Delegates, will concede that there is in this land no more accommodating officiuls than John Bell Bigger and "his brother, W. J. Bigger. No matter how busy they are or how severely their patience is taxed they have always time -to be civil and agreeable to those who approach them. And the same may be said of Major D. A. Carter, the min ute clerk of the House, who is one of the pleasantest of gentlemen as he is one of the best parliamentarians in the State. A day or two before the close of the ses ! sion General Mercer White, of Hanover, oc cupied the Speaker's chair of the House, and under his benign administration the busi ness of the body went forward with as much smoothness as ever before. The Gen eral isn't much of a parliamentarian? he lacks practice? but he knows well enough" when the members are talking nonsense and when to rap them to order. Among the visitors to the Tobacco Ex change yesterday were John H. Duke and F. W. Steger, Cumberland county; E. A. Noel, Fluvanna; W. T. Rudd, Pow hatan ; George S. Stevens, Nelson ; A. B. Cottrell, Henrico; F. D. Turner, Dela ware; B. D. Crump, Chesterfield; R. M. Woolling, Lynchburg; and J. Woods Garth, Aibermarle. Tbo name of Mr. Richard A. Trice, of Louisa, is the one most prominently men* tioned in connection with the assistant auc tioneerabip at the Tobacco Exchange, made vacant by the resignation of Mr. A. , Bol I Mr. J.' Y. Bed dy Las received Inform atfdb' that his cHenf,Daniel Higgins; of tbfsdfy, ia tbe heir lit law of property inf Australia worth $50,000. Other claimants are, how-' ever, in possession, and Sir. Higgins will have to eject tbem by the due process and. tedioushess of law. ' ' / " ?: : -lJ. : ' .? Sltueme Court op Appeals.? Carter w Dulaney. Fully aigued by Mr. Brooke, counsel for appellant, and by Mr. Payne^ counsel for appellees, and submitted. ' The case of Patteson, by &c.,' vs. Bondu rant, &c., was submitted upon printed notes. Tbe case of GayJe vs. Wilson and als. Will be tbe first case this morning. Poij?? Court.? Acting Justice Crutch field disposed or tbe following case9 yester day: Thoma9 Skinner alias Tom Berry (col ored) was acquitted of a charge of petit larceny. Twenty-two parties charged with having unlicensed dogs or wagons were dis charged, and one case was continued until to-day. Ladies' Entertainment at Trinity CeTTRCff. ? The ladies of this church will provide an entertainment for their friends and the public generally, in tbe lecture room, on MoBday and Tuesday night next. To make the occasion pass off pleasantly, and induce all to attend, they will have a bountiful supply of good things for both nights, and also open on Tuesday during the day to accommodate the young folks who cannot attend at night. A substantial supper will be given, and ice-cream, can die?, and cake, in variety and abundance, at moderate price?. As tbe object is to raise funds for benevolent purposes all who par ticipate will have the satisfaction of know ing that while they enjoy themselves they are also contributing to a good cause. A Conundrum. Editors Dispatch : I am aware that you are not much given to answering conun drums, but somebody can answer this, and as it is a pertinent one I hope that it will receive consideration : Why is it that after the expenditure of so much money on tbe new reservoir for tbe purpose of having clear water we never have it when there is the slightest fresbet in t be river ? " H." The Telegram of this evening will contain tbe Associated Tress dispatches and a number of spe cials and much interesting local and miscellaneous matter. It will be for sale on tlio streets by the boys. Price, one cent. . All serene. THE INTEREST ON TIIE STATE DEBT TO BE PAID. THE MOFFETT PUNCH A GREAT SUCCESS. AVE ARE XOW OX THE EVE OK PROSPERITY, and Levy Brothers WILL ADD TQ THE HAPPINEES OF THE PEOPLE BY SELLING THEM THE CHEAPEST I)RY GOODS EVER SOLD IX THIS OR AXY OTHER PLACE, Levy brothers SELL GOODS AT THE TIIE LOWEST PRICES FOR CASH OXLY. They ask but one price, and that lsthclowojt. They will open 011 JIoxday the 18th instant thirty boxes of goods purchased within the last week; among which will be found some of the CHEAPEST BLACK SILKS EVER OFFERED. Be 6urc to see their $1.50 silk, as it i3 as good as you can get elsewhere for $2. Almoxd-Ciiocolate caramels.? nzzixi la making this nice candy. Charge it to Bcster I-Whitlock's repu tation as the cigar manufacture! of the celebrated Model. Peach, Key West, and other brands, has been honestly won by fair deallug and uniform courtesy, by givlug a good article for a reasonable price. Fine eatixg pruxes at Pizzixrs. A. GREEXTEE, TIIE CLOTHIER. has just opened over TWEXTY TIIOUSAXD DOLLARS' WORTH Of CLOTHJXG for men, youths, and boys. Also, a tremendous stock of all kinds of Hats. for men, youths, and children, ar one half tl:eir usual value. A New Use for Cork.? The uew cork floor covering? L IXOL eu M? has ingratiated itself so rapidly into public favor that it i? superseding all appliances heretofore employed for a like purpose. Its most remarkable feature is Its " extraordinary durability"; in this respect no other floor covering can compare with it. The beautiful designs in which it is manufactured make-it desirable for dining rooms, halls, churches, and every variety of build lug. Kept by all flrst-class carpet dealers. C'OCOAXUT CREAM CANDY, COCOAXUT CARA MELS, CHOCOLATE and MARSIIMALLOW-DROPS, at PlZZINl'S. ? A. Greentp.ee, 815 Broad street, the C'othier and Hatter, does not give his goods away, for he sells them at prices so that it would scarcely pay a reasonable per jou to take them as a gift. Mt. Vesuvius.? Should an eruption occur In this volcano, and cause the doslruction of one half of the Inhabitants who live in the vicinity, the re mainder, who barely escape with their lives, imme diately move back upon the half-cooled lava, and there live In constant fear of another eruption, fool ishly fancying that the only tenantable portion of theearth rests within the shadow of the great vol cano. This fairly illustrates the force of habit and the persisteucv with which people cling to opluions when once formed. For example, Dr. Pierce's Golden Medical Discovery cures incipient consump tion, coughs, colds, and all airections of the liver and blood, yet some still depend upon physicians and remedies that have naught but repeated failures to which they can refer. And although Dr. Pierce's Favorite Proscription is sold under a positive guarantee to cure those weaknesses peculiar to women, and notwithstanding that thousands of women bear testimony toils cflicacy.and the tratli of all statements made couctrning it, many yet sub mit to the use of caustic and the knife. Again, Dr. Pierce's Pleasant Purcative Pellets, no larger than mustard seeds, will positively cure constipation, where It Is dependent upon dyspepsia or torpid liver; yet some still depend for relief upon the u blue pill " or huge dosc> of drastic cathartic medl ciue. In the face of such facts, can wc wonder at the blindness of the' poor Italians? Pizzini has a fine lot of oranges. Sponge Pudding.? Four beaten eggs, half cyp sweet milk, two cups of flour, two teaspoonfuts Doolev's Yeast Powder, half cup of sugar, one plat of cherries or berries well floured. Boil one hour, and serve with sauce. Malaga Grapes.-Go to Pizzini's anil get some of this nice fruit. A HOMELY, OLD-FASHIONED PERFUME Is Lav ender, j*et delightfully refreshing and invigorating. It can be found in no purer form than in J. & ?. ATKINSON'S genuine Mitchara Lavender. For ulcerated mouth, the healing properties of Meade & Baker's carbolic MootiMVasii are unexcelled. Fifty cents a bottle. Fine yellow bananas at Pizzini's. A8 A FRAGRANT AND PLEASANT WASH for the month, there is nothing so good as Meade & Ba ker's Carbolic Moutii-Wash. Fifty cents a bottle. Sweet Havana Oranges.? If you wish some that are sweet aud Juicy, go to Hzzini's. Don't go Whebe Youb love Lies Dream ing, but go to any clear store or restaurant out! ask for Whitlock Model Cigars, and dream the happy hours away by yourself. It will pay better In the loue run. Jons IL Claidoene, agent Mutual Life Insubance Company of new Yokk? assets Oveii $83,000,000 CA?H.? The advantages offered to Insurers by this company In solid security, su perior economy, and its convenient system o f an nual cash dividends, combine to make it the safest, the cheapest, and the best in the world. i I Fob bleeding gums, use Meads A BAKEB'8 | Cabbolic Mouth-Wash, Fifty centa a bottle. , TERMS OF ADVERTISING. ' oioMCT.iMuiLtiK.wr.ua. 40 IfltalxMOWM'itOno 1 lOUS.. ?????< ?>?? iit?? 1 OnciqittKtiiX 8 ' One e^awe, tiro nuttthfc. 18 One sgwe, three ttqaMtf.... ...2* A. Grkestbee, 815 inroad J&reet, offers the most superior and elegant stoelt of clothing la ihla dty. ; He ehaiyes $1 forateallng a Hat of hlmthat woaht; cost you f 2.50 to boy anywhere else. ' ? s ? .CBXAx vmButyuziin'a. r ; DI.SC0I.02KD teeth rendered beaotifefl y vblt* by tbe'nseof Meade & u a kesm hafoxiti e Dei* f tifbice. Fifty cents abox. WHEBE, OH 1 leHXBCcan I get the MODEL Cl GAB P Tliat 18 ; the Key- Wesl-loo, At 3P. WHIT* i/OCK's. 1445 Mala street ? - ? FOR ALL DISEASES OF TUB TESTII A2TX> 00*8' use Meade Jfe baker's Cabbolic Mouth- . Wash. Fifty cents a bottle. J" EXCELSIOB Poui/TBY POW?KBfl.M It HxKxa maw lay. IT CUBE8 GAPE8. ' IT IS a PREVENTIVE OF CHICXEIT-CHOLBBA. It banishes sour. ,7(-: fix? ? It makes fowes healthy. -c ' It pbodcces a deautifcl plumage. . Price, 25 cents per package. roLK Miller & CO* : V/boJpsale Amenta, corner Ninth and Main streets* FOB offensive breath from decayed teeth and diseased Rums, use Meade A Bacsb's Cab-, bolic Mo0hi-Wa8U. Fifty cents a hottle. ; j >w? The ~ glextvood M Whiskey took the flrtt j**~' mlnm at tho State Fair. ' T The 44 B Select" Whi?ke/ U recommended by D* - J.B.McOaw. Duff Gordon Sherry? onr own importation. Cigars, of every grade, of oat own manufacture. / Liberal discount to the trade. W. U. Blaib & Co, 903 Main street. '} Incipient tabtab and sccbf removed by ]S?eade & Baker's Sapoxine Dentifbice; 4 Fifty ceats a box. Headache and necbalgia Pills. Head Head Head Head Head Head Head Head Head Head Head Head Head, Head Head Head Head Head Head Head Head Head Ofllce, Db. Benson's Celebt and Chamomile Pills arc prepared expressly to cure Sick Headache, Nervous Headache, Neuralgia, and Nervousness. Tricc, 00c. a box. Mailed firer. Sold bt all druggists. 10G north Eutaw street, Baltimore. v ? ? Ac II*. ACHE.; ACHE. ACHE. ACIIK. ACHXU ACHE. ACHX. ACHE. ACHE. ACHE. ACHE. ACHX. ACHE, r Ache. ACHB.; ACHX. ACHB. ACHE. Ache. Ague. ACHE. Md. M. Kllyson A CO.. advertising agent*, insert ad vertisements In all of the newspapvrs of the Univad Siaues at publishers1 rates. Orders left at the DU patch counting-room will rceelve premr?t atten tion. AUCTION SALES THIS DAT. On all aalea of Real Eatute made betteeet the 1 at of January and laat of Jun* the toxeafl the present year have to be paid by the purchaserj On all aalei made between thelst of Ju'.y ana lati of the year the taxes have to be paid Uylhe teller: [Tills custom was adopted about fifteen year* ago by all the real estate agents in Richmond, and ap plies to Richmond and vicinity.] JAS. M ACDOUGALL, 10 A. M., at No. 1422 Main 6trect, coutinued sale of fruit-trees, plants, ev ergreens, &c. JAS. MACDOUGAL,L 10, A. M., for Jobn W. Wright, Sheriff, at the borse-lot, one good work horse. FRANK J. SAMPSON, 2 P. H., a Iract of land about four miles from Manchester, on the War wick road. PROFESSIONAL. T EWIN W. BARRINGER JLi (formerly of North Carolina), ATTORNEY AND COUNSELLOR AT LAW, 486 Walnut street, PHIL ADELPHI A, PA. Prompt attention to all legal business. The best references given as to legal and financial responsi bility. Particular attention paid to life- ana fire insurance cases. Commissioner for. Virginia, fe 28-2m* WAISTS. WANTED, A MIDDJLE-AQED ' WO MAN. without anv encumbrance, to NURSE. Apply at 1316 and 1318 Cary street, mh 16-lt* WANTED, AN ACTIVE MAN WITH Y Y from $3 00 to $5 00 to join the advertiser In a good paying busluess. Address A. I>. HARRINGTON, mh 16-21* care of this office. nnURKEY-TAIL Jl ers wanted. AND WING-FEATH Double market price paid during next sixty dayp. CHICAGO FEATHER-DUSTER COUP ANY, Chicago, III., or 7 west Broadway, mh 16-2t New York city. WANTED, A SETTLED WHITE SER VANT to cook and clean-up house. Must te fond of children and well recommended. Apply at 523 north Second street (drugstore). mh lo-lt* WANTED, A SITUATION EITHER In the DRUG or BOOK AND STATIONERY BUSINESS; have had more than ten years' expe rience In each. Address . J. C. ROY, ? mh 16-2t* Richmond. Va. WANTED, A SITUATION by a young*, man who is willing to make himself useful in any capacity. Has worked at the grocery and liquor business. lias llrit-class references. Address. mh 15-2t* " CLEHK," Dlsyatch office. WANTED, TENANT for NEW BRICK DWELLING No. 206 Nineteenth street, be tween Broad and Grace ; eleven rooms; gas, water, bath, and all the conveniences desired. Rent mode rate. Apply to J. R. HOOK AD AY, roll 15-3t 1528 Main street. RANTED, #0.5001 40,000 *5.800 *4,000 43,300 *2,500 TO LEXD TI1E ENCLOSED AMOUNTS, , ON CITY IMPBOVED REAL ESTATE. J. THOMPSON BROWN, Peal Estate agext, 1113 Main street. f$l,200 *1,003 t 800 * 600 * 450 U 250 INTEREST AND CHARGES SUITED TO THE TIMES. Interviews solicited and kept In strictest contl dcnce. "? * uih 14-6t 18 WANTED, FIFTY NEWS-BOYS to >Y sell the EVENING TELEGRAM. Apply at oii'-'cat No. 17 Governor street. roll 14-3t? WANTED, COUNTY AGENTS FOR COLON KL WALTER H. TAYLOR'S FOUR YEARS Willi GENERAL LEE. Most salable book of the <lny. Address W. W. II AVNE. 22 Post-Office avenue, mh 14-0t Baltimore. Md. EIG HT 1 1 ST tt KET.-P ARTNER aw WANTED wltli $1.000 ; sober, active, and re liable, to help extend a light, clean, and prodtable manufacturing business paying 200 percent, prollt, and without competition In this city. Investigation solicited at factory at above uuinber. mh 14-0t* WANTED, 1,000 CORDS OF BLACK TT oak BARK, 100 CORDS OB' DOGWOOD AND PERSIMMON LOGS. 1.000 LARGE ItED CEDAR POSTS. AH to be delivered at the yard of L. \Y axfeerman, oo the dock below Nineteenth street, or on the Basin J>ank. Apply to the undersigned, at \\ a.vKorman^i coal-yard, Dock street near Nirio teenth, Richmond, Va. A. B. GOODMAN. mh U-6t-mh25.Qt-apli.ct-ap22,6t WANTED, A SITUATION AS A ? GARDENER and FARMER bv a while man wuo lias had lorz experience, and is thoroughly competent. Addiess, GARDENER, Disvatch office. mh ll-6t? T\T ANTED, TO SELL THE FOR IT FEITED PLEDGES remaining un<obl from last tale, consisting of the largest lot of DIAMON Ds in the State, an endless variety of GOLD WATCH K8, from $18 up: GOLI> OPEKA-CHAINS. #19 up; RINGS, BUTTONS, NECK-CHAINS. VEST CHAINS. S. A. WINSTOCK. Loan Broker, mh 2-1 m No. 17 north Fourteenth mrveL TEAS.? Tbc choicest In the world; *Iib porters' prices : largest company in America: staple article : pleases everybody ; trade continually increasing. AKent* wanted everywhere: be? in ducements: don't waste time. Send for circular t? ROBERT WKLLS, Presideutof tlie Original Ameri can Tea Com piny. 43 Vesey street. New York Fost-Offlce Box 1287. fe'23-dAwSm WANTED. TO SELL EXTENSION Tf TOP FAMILY PHAETONS, JUMP-SEAT ROCK A WAYS, LADIES' PHAETONS, TOP and OPEN FASHIONAHLE D'ilVING B UGGI E8. flrst-class workmanship, at low prices. Also on hand sccoud-haud Family Carriage Ladies* Phaeton*, Top and Open Bujodea. Repairing done in best man ner. A call solicited. W. O. SMITH, Fifth street between Broad aud Marshall stteew. fe25-lm . rlON SAFE,? A "JfARTON'&* SAFE, in good order, tot sale by mh 10- 6 1 DAVENPORT A MORRIS.