"" ~*r*sn-lSVAKIABlT JJt ADVANCE.
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.
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.
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.
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
^ 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
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
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
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
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
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
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.
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
VENTILATION* OP PUBLIC SEWERS.? SHOCKOE
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
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.
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
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,
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.
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
' ??? >- ? ? ' ; ? -? - . ? ? - - ??
. . . . . . . . .
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
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
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
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
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
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
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
The stockholders of the James River and
Kanawha canal adjourned over yesterday
without transacting any business of impor
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
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
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
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
The slopes of- the roadways of Libby Hill
leading from Main street are being nicely
Acting Justice Crutchfield disposed of
forty-nine civil warrants of various descrip
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
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
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
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
Thoma9 Skinner alias Tom Berry (col
ored) was acquitted of a charge of petit
Twenty-two parties charged with having
unlicensed dogs or wagons were dis
charged, and one case was continued until
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.
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
THE MOFFETT PUNCH A GREAT SUCCESS.
AVE ARE XOW OX THE EVE OK PROSPERITY,
WILL ADD TQ THE HAPPINEES OF THE PEOPLE
BY SELLING THEM THE CHEAPEST
EVER SOLD IX THIS OR AXY OTHER PLACE,
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
for men, youths, and boys.
Also, a tremendous stock of all kinds of
for men, youths, and children, ar one half tl:eir
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
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 Fob bleeding gums, use Meads A BAKEB'8
| Cabbolic Mouth-Wash, Fifty centa a bottle.
, TERMS OF ADVERTISING.
lOUS.. ?????< ?>?? iit?? 1
' 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. ' ?
.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* :
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* -
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.
arc prepared expressly to cure
Tricc, 00c. a box. Mailed firer.
Sold bt all druggists.
10G north Eutaw street, Baltimore.
v ? ?
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
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
JAS. MACDOUGAL,L 10, A. M., for Jobn W.
Wright, Sheriff, at the borse-lot, one good work
FRANK J. SAMPSON, 2 P. H., a Iract of land
about four miles from Manchester, on the War
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,
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.
Jl ers wanted.
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.
TI1E ENCLOSED AMOUNTS,
, ON CITY
IMPBOVED REAL ESTATE.
J. THOMPSON BROWN,
Peal Estate agext,
1113 Main street.
INTEREST AND CHARGES SUITED TO THE
Interviews solicited and kept In strictest contl
dcnce. "? *
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.
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.
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.
rlON SAFE,? A "JfARTON'&* SAFE,
in good order, tot sale by
mh 10- 6 1 DAVENPORT A MORRIS.
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