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INSURANCE- JjA.LL.31. lliUliUJlliliU. fnTETTHTNbAN D M A R I N E thk Jlufif City Insurance Co. OF MEMPHIS. Office: No. 293 Main Street. DIHECTORSi . ft L Meaeham, H H Hijrbee, . Napoleon Hill, , y IV johm. . H M James, r.',-t W U Moore, J C Neely. Darii P Haddea. J B Smith, M Sarin, 6 A Kckerly. i D Williams. W A Gage. DAIADDNtvicFrMidnt; W. H. MOOHE, Secretary. : TUBLIC LEDGER. office-No. 13 mdiso 6tt. T MEMPHIHi f Wedaesdar Evening, May B.1S74. KOVIHO THE RATIOHAt CAPITAL. The St. Louis Democrat of jesterduy ' las the following in relation to a cou Tention to bo held in Louisville next ; October: "The capital mover are on the war-path. At the meeting held in ' Cincinnati in 1870 a national executive committee was appointed, which was empowered to call the friends of the " measure together in national convention, at such time and place as they should deem best,-. After a conference among the leading members of the committee it has been determined to call a conven tion at Louisville, Kentucky, on the 20th of October next. The Gov ernors of ' the various States ;and Territories will be requested to name delegates to attend the convention." Why not move the capital to Memphis ? The only objection to it is that the average Memphian would have to aBso-. ciWe with Congressmen, Senators, Pres idents, Secretaries and fellows of that stamp, to say nothing of the horde of understrappers who crawl around in inch places. Shelby Coaaty Convention. , MiHrma. Tins., May 5. 1874. . . At a meeting of the Executive Com mittee of Shelby county (appointed un- , dev the Bartlett resolutions), held this day, the following resolution was unani mously adopted, viz: Resolved, That it is the sense of this general committee that the nominations for the offices to be filled at the August election shall be made by a convention, nd that the executive board cf this . committee be fully empowered to fix the time aud place of holding said conven tion, and of fixing the basis of repre sentation, the same to be fixed upon such an equitable basis as said board in its judgment may determine. And we, Y tnamHwm of thin ffAneral committee. u-.iuw.w - e - pledge ourselves to aid and assist said executive board ia its efforts to secure tlie election of delegates to the conven , tion, and the election of the candidates nominated by the convention., By order of the committee. Albert Suggs, Chairman, Hcvby J. Ltk, Secretary. r , What a da la Ce or Aceldeat. ' Prof. Wilder of Cornell University, says Moore's Rural New Yorker, gives the following short rules for action in cases of accident, which will be fonnd useful to remember : ; For dust in the eyes, avoid rubbing ; dash water in them ; remove cinders, etc., with the round point of a lead pencil. Remove water from the ear by tepid water; never put a hard instrument into the ear. If any artery is cut, eompress above . the wonnd ; if a vein is cut, compress below. If choked get oa all-fours and cough. For slight bums, dip the part in cold -water ; if the skin is destroyed, cover ' with varnish. ' Smother a fire with carpets, etc.; water will often spread burning oil -and - increase the danger. Before passing through smoke take a long breath, and then stoop low ; but if carbonic acid gas is suspected, walk erect Suck poisoned wounds, unless your mouth is sore; enlarge the wound; or, better, cut out the part without delay; hold the wounded part as long as can be borne to a hot coal or end of a cinar. In case of poisoning, excite vomiting by tickling the throat or by warm water and mnstard. - - For acid poisons, give alkalies; for alkaline poisons, give acids white of egg is pood in most cases; in a case of opium poisoning give strong coffee and Aeep moving If in water, float on the back, with the nose and mouth projecting. For apoplexy, raise the head and body; for fainting, lay the person flat. If a tallow candle be placed in a gun ud shot at a door it will go through without sustaining any injury; and if a sauaket ball be fired into water, it will not only rebonnd, but be flattened as if . red against a substance. A musket ball may be fired through a pane of glass, snaking a hole the size of the ball, with out cracking the glass; if the glas be aaspendedbyathread will make no differ ence, and the thread will not vibrate. In the Arctic regions, when the thermome ter is below zero, persons can converse more than a mile distant. Dr. Jamieson asserts that he heard every word of a . aermoa at a distance of two miles. A mother has been distinctly heard talk ing to her child, on a still day, across a water a mile wide. Literature as a profession is not eope ejally remunerate in Germany. The late Dr. Strauss, the author of the well . known "Life of Christ," bookof which repeated editions hate been published, . bad an income, it is aaid, not exceeding four hundred florins, or & little more than two hundred dollars in gold, on which small sum he and his- wife man aged to subsist comfortably, if not luxu. riouely. Ilia French compter, Ernest Kenan, rose, on the other hand, from poverty to wealth and luxury by the sale of bis M Vie de Jesns." Thirteen cents damarea was all an Iowa man euld get for having been galled a fraud. KEW ORK. New York, May, 6. The absence of Jfilsson from StrakoecU's benefit last night,' notwithstanding she was offered one thousand dollars to sing, excites comment, and is regarded as one of th reasons why Strakosch's benefit was not so well attended as the other benefits, The friends of Nilsson say she con sen ted to a material -reduction ou her contract price for singing, when Ihere was lio corresponding reduction to the public; also that Strakosch had half the profits of the benefit given already and ostensibly to his artists. ; The disposition of the third share in the life interest of the late Jacob Stiner, who perished with his wife and daugh ter a short time ago in tV, burning of their residence, turns on the fact as to whether the wife or daughter died first, and the court is now trying to deter mine. The estate i3 valued at one hun dred and twenty thousand dollars. BeqnrNt. Boston, May C Among the bequests of Samuel Train, of Medford, recently deceased, is another $3000 to endow professorship of ecclesiastical history in the Chicago Theological Seminary, The third trieunial festival of Handel & Hayden's society opened this evening with Handel's Oratorio of Judas. The society's chorus numbers about six bun dred voices, which are in rather better singing condition than at previous festi vals. Miss Carey is one of the solo singers. Prime right. Philadelphia, May 6. Billy Edwards and Sam. Collier have each put up the first deposit of one hundred dollars in their match, to fight August 6th, for the light weight championship and for one thousand dollars a side. FOREIGN. Madrid, May 6 General Olio is said to have arrested four Brigadier Generals in the Carlist army on the charge of treason. Carlos will shortly issue a new proclamation to his troops. Ueneral Concha has been appointed uenerai-in- Chief of the Northern army. During the bombardment.of Bilboa a hundred and fifty citizens were killed and wounded. Lokdos, May 6. John Lucas, politi cal economist, is dead. THE TEXED QUESTION. in,i'Tllnnll Holds that Mas tratoa ntin-ia M"" atro only Lnllliea to jwv in par Day. ' vs. ' Indictment for Extortion. ' " It is agreed on behalf of the State and iVi defendant Lizoo. that be was a magistrate of Shelby county; that while acting as sucn tne uouaiy iouri vuteu its members five dollars per day, and that he received the same as a compen sation for his services while sitting in the County Court. It is agreed that he was not a member of the Quorum Court It is also agreed between the State and the counsel lepresenting the different magistrates who have been indicted npon the same state of facts for the same offense, that, this shall be a test case, snl by its determination they will be governed. The indictment is for extortion, and rests npon section 4810 of the Code, which declares it to be a misdemeanor " for any person knowingly to demand and receive of another for performing any service or official duty for which the fee or compensation is established by law, any greater fee or compensation than is legally allowed or provided." Extortion is the taking by color of an office money or other thing of value that is not due, before it is due, or more than is due 4 Black, tan. 141. The party must knewingly demand and receive for performing his oflicial duty a greater sum than is allowed by law for his ser vices. , By the term knowingly, we understand wilfully, intentionally; that is to say, that he intended to take the sum be did take. If by a mistake of fact he took more, he would not in that event knowingly, wilfully or intentionally have taken it: If by oversight, for instance, he intended to take a five dollar bill to which he was legally entitled for his com missions or services in some matter, aud he took a fifty dollar bill, this would not be extortion. But if on the otherhand he intentionally took the fifty dollar bill, thinking that under the law he was enti tled lo it, when in law be was only enti tled to five dollars, or any less sum than fifty dollars, this would be a mistake of law, and not of fact, and would be ex tortion. "Ignorantia juris non excusat" See in this State (that mere ignerance of law, however innocently misconstrued, will not excuse), McOuire vs. State, 7 Humphreys, 54-56. That an honest be lief, in cases of extortion, that the defen dant was entitled to the fees, will not shield him from criminal prosecution. See State vs. Merrill, 5 Sneed, 67. Say the Court in that case, "The principle that it is extortion to exact fees not allowed by law, is indispensable for the neouction of the Deonle. and cannot be relaxed. Every otiicer must beware that he takes no compensation for services not sanctioned by law." The Court continues, "The defendant doubtlens, honestly believed he was entitled to the fee chareed, and we very much regret the necessity we are under to declare the law in this case to be against him, by which he will be subjected to a penalty, on that account." The Statute, it will be seen, omits the words corruptly or fraudulently and simply uses the adverb, knowingly. Thus it will be seen that the offense need not require a cor rupt intent. Assuming then that the defendant in this case had no improper motive, but believed that he was, by virtue of the County Court appropriation entitled to the five dollars put' day, can the indict ment be snttained? That the money takes belonged to the county can make no difference. 2 Bishop cr. Proc. 326, referring to 11 Ala. 74G and 34 Ala. 254. The naostion. then, may be reduced to a mere question of law, irrespective of motive. If he, not by mistake ot tact, but knowingly demanded and received for his official services while attending the County Court a greater sum than is allowed by law, it will, in the light of the forecoing well recognized authorities, be . rll 1 . I 1 ' extortion. ' A nen wnai is iub law in reference to the compensation of tnagis trates for the services performed? Section 4549 says: "The justices of the peace in this Mate are allowed to demand and receive for their services in civil cases the following fees ani none other. ihen follows an enumeration Of feed. ' Sab section 33 of said section 4549 says: "To the justices of the Quorum such compensation as the court may allow. We thin It under this sub section the magistrates of the Quorum Court ale entitled to the sum of hve dot lnrs per day while serving in the County Court, where and when it has been voted to them. Section 451!) reads: "All justices of the peace of tho State at tending Quarterly Courts ot their re suective counties shall be entitled to and receive two dollars per diem for their attendance. 11ns is the act of 18fio-67, ch. 3. S 1, the last on the subject. It is true that the act does not in express terms siiy they shall not have more than two dollars per diem, but is not this said by implication? liow easy, in express terras, to have al lowed the County Court to ux the pay of the Quarterly, as it has done those of the Quorum Court, kad it been intended. Section, 4517 of the code saysi "No officer is allowed to demand or receive fees or other compensation for any ser vices further than is expressly provided bylaw. Again, in 1 lerg. ni, it is declared no fees can be given by con struction to any officer; toe Btatutes must be followed. Here the statute says two dollars, aud if tt is to be followed it would seem that only that sum can be given, and that this statute cannot be construed into allowing five dollars. If it could, then why not say ten dollars, or any other sum in the discretion of the Court? We here recognize the maxim that the expression of one thing is the exclusion of another. We do not think that the statute is so flexible. The Countu Court is authorized to pay the justices of the Quorum Court, code sub section 6 ot section 4Zio; ana, aiso, we have seen to fix the rate of such com pensation s jb-section 33 of section 4549. The County Court pays the justices sit ting at the Quarterly Court, but the State fixes the rale of compensation code 4549. Now, if the County Court can fix a different rate of payment for justices attending the Quarterly Court .1 - Vw, I ' in ...linn A 'i .1 i by the State, then it may, witti tne same' propriety, change tne pay ment of juries, (or in the Bame section it is written that the jurors attending at such (Courts) shall be entitled to, and receive two dollars per diem for their attendance. The same amount is allow ed jurors attending any of the Courts, of this State, under Act of 1867-8, cb. 14, 1. But while the Tjhraseology in the allowances to Justices and jurors is the same, no OBe will pretend that the Conntv Court has the nower to increase or diminish the compensation allowed to jurors. . . . , . Hence we are constrained to conclude that the magistrates, other than those comprising the Quorum Court, are not entitled to five dollars per day while at tending the Quarterly Courts, and the defendant being one of these, who it is airreed demanded and received said sum is, at least technically, guilty of extor tion. From the view we nave taken oi i this question, we less reluctantly come to the conclusion, as it does not necessa rily involve any degree of moral turpi tnde bnt may be a simple misapprehen sion of law. The Bast lives of many of these defendants, their high character and social standing negative the idea of an actual criminal intent. or a corrupt motive. But as ia our judgment we find the law, so we most declare it ; Flippin, Judge, etc. a. Card. In the Ledger of Monday evening, as well as the Avalanche of Tuesday morn- nz, I notice an article entitled Low- hiding," which would place me, ir true, in a very bad light. I wish only to give lo the public a fair statement of the case, and let people judge for them selves. On last Thursday 1 Old call air. Norton some very insulting names, but it was to hi face, and he did not resent them: nnr did he sav a word. I was in formed by several parties, friends of Mr. Norton, that he would attack me when I least expected it, and was warned to be on my guard, but I paid no attention to any warning. Monday morning, while standing on the corner of Adams and Main streets, I did .not know that Mr. Norton was in three squares of me until I was struck several times with apiece of raw hide which he had, apparently, trimmed for the occasion. Nor did I kuow it was Mr. Norton until I hud thrown him down and saw him under me. We were at tkat moment sepa rated, I having struck Mr. Norton but one slight blow. I think Mr. Norton will accede to these statements, except that he struck me without notice. That I can prove by eye witnf ses. G. W. MlRPBT. Nicolsos paving scrip for sale at the lowest market rates by the Mechanics' and Traders' Bank. , 66 Tbs members of the Father Matthew Total Abstinence Society are hereby requested to attend a special meeting on Thursday evening at eight o'clock. By order of the President, D. A. Q. The life insurance companies do not intend to insure against suicide, and they insert in their terms of the con tract between the company and th i in sured, the words " if the assured shall die by his own hand this policy shall be void and of no effect." Bat Ibis provi sion has not protected the companies. In most of the cases of suicide the courts and juries have made the com panies pay the policies, on the rouoj that the suicide was insane, and did not die by his own hand. "And so they go," said a member of a Boston school committee; "our great men are fast depsrting-first Greeley then Chase and now Sumner and l don't feel very well myself.' Artemus Ward once observed that he app:-oved of temperance hotels, although he thought as a rule they sold worse liquor than the other kind. INSURANCE. HERNANDO Insurance Co. OF.MEMPHI8. OIHce : No. 22 Madison Street. 8. 11.DUK8COMB W. 1). U ALHREAIli.,, F. M. NEUiON President, ..Vico-Presidont, -.Secretary. JDlraotarai S. II. DUNSCOMB. W. B. GALBREATH, V. H. TOWNSBKD, A. VAOCAKO. J. J. UUSHY, ' E. F. KISK. 1. HlMlllbD N. FONTAINE. JOK EKUCE. JOHN O. KIZER, J. A. SHANK. R. S. JOivEtS, J. H. MAK1IN, W. IS MALbUxtX, , W.L.RADFORD. iBsnroa rnl l.o ly fire. Ma rlaaaad Elver Blab. wr Risks on l'rlvsto Dwellings especially desire!. m2-t CONCERT. AT THE OLD FOLKS' CONCERT OVE (-PARKS will sin Auld Robin Gray J and otlicr beHUlilul sunirs. M R. HAKPPR and Mr. Currie will sing Robin Ruff. C fllAHlTY FUK.OliS will sing the Three ntuo?. M R. PETERSON will sinir Luther's hymn as was jung in ino iMjrn m juinuflinnn. E ."iXPKRIENCr! MLLLNliS will sing John Angara'!!. Jiy "e. M R. D. fctCLAIR HOOli will sing Faith and Hope, ltio licit ltiniror, eto.. eto. D Ell VKRhNCK HIiitilNS will sing Rory u more, eto., etc. It. GAWANT will sing Peter Gray. MASTER CHARLEY JONES will sing Then You'll Remember Me. : YVUTII-PRLMand ELI A KIM BRANDY lj wiK sing Do'st Thou Love Me, bister Ruth? OVh, SPARKS will sing Tho Old Folks at J Home, with full chorus. TRIKYE CYMBAL, etc. Chorus. ELESIIAL WATERING, eto.-Chorus. WEDNESDAY, THURSDAY, FRIDAY, May Cth, 7th, 8th, 1374. JIEMP1U8 THEATER Tickets ........On Hollar. . Reserved teats at Cleaves & Carnes', on and sttr-r Mnnni. n--T SEWING MACHINES. TMs remington jfqaKs. THE HEW Improved Remington SEWING MACHINE, j "AWARDED The "Medal for Progress," AT VIENNA, 1873. Tie Biobkbt Oaniia or "Midil" Awabdio , , AT TBI .tXPUSlTIUH. Ho Sewlnr Maralaa Bceelved a JUIgber Prlae. A FEW GOOD REASONS: lA Km Inxtenlwn THOROUGHLY TI8TID and Mured by Letters Patent. Makes a rx-rfrrt lock btitch, alike on both sides, on nil kind of goodt. KUnS 1.IOHT, DMOUTM, IIUIBBLMB HU Rapid-W emliinlio of qualities. 4 Ubrabli ilunt fur yean wunoui repaira. n WUl do all tnntliet cf vork and uncy Stitching in a superior manner. Is moti entity mnnuued by the operator. r....tk Af atit,h raav be altered while ran- ning, and machine can be threaded without t aesing thread through holes. 7 Design Simfile, hmeniowi. Elegant, form ing the stitch trt'fAouf the use of Cog Wheel Gears, Rotary Cams or Lever Arms. Uas h Autnmntin DraB Feed, which inure ni- fnrm length of utitrh at nnv peil. Ilu our lew iAinrt t-ontrwier, wnicu aiiow vmj uiww raeut of tne needle-bar and prevents injury to thread. ... K-C'o-sSTRitrTifiN nmt careful and rimsitsn. It is manufactured by the most skillful and experienced mechanics, at the celebrated 'nrliini.il I hi founts atreet. iyt-101 ANNOUNCEMENT. Memphis, April 23, 1874. Emtou Lund I announce myself as a indidato for Clerk of the Criminal Court of leutphis. Election is AugU't. KTJ. 4ij te 1. B. AX nli3. li-rk of lbs furl Iff l CI' rait Coart. J OIIN MnUROOKS IS A CANDIDATE FOR . : ...i.:.... ,v.a mir'wiil nf nti I re cie.t -nun, pu,i;,'.i -r. ' , . . (invention lo be called by the Brtlott hxee- liva Cnnunittw. JS'.?'I MEDICAL. DR. CURTIS' ARRIVAL IX SEW ORLEAKS. DR. E. D . CURTIS, W. ii.. r. iv. y. o.. author of " Manhood," Medical i.says on nil an Marriage, etc, ., ii''1"" vr t to announce to the citisons or Memphis j: injiliiiliiiff thnitn u me surround urn , L .i, , ill e have previously consulted biw, that be ' A.I...I Inrlh. I.UAII. baa rrivea in ji.w y, .... - k.- ...nf.-r l with ai heretofore, in and person or by letter, at his rooms. NO. RAMPART STREET. between Canal and Custom-house, daily from 1U a.m. to i p.m.. and from eto s p.m. vu ttundayt from 11 to I oniy. Jaet Fabllatteel SOalli Edlllaa. MANHOOD, Correct. J end R'vised by the Author, E. Di r. uun.ii3, m. MEDICAL KSPA Y on the esose and cure of Premature Decline in man, showing now health ia lost and how regained. It give a Sfe'rViS: ... Physical llebility. A buses of the tTrM l-.n.V years' .ucceful ..r.ctic. There is no ' LCZZ this "h Perfon'bold. the relation ofparent. pre iVTuriS 0 MANHOOD."-Ihi. hook book win no. nw . r ;: sue oei .tin i Sffltel r reliftf. It wiii injure do ore Pi ic W cent,, bj mnxi. A" VVithri 9 fUmpart itreet. New Orlean, La. T)r Curtis- hu dtermirmd to remain in Upw Or aBr"1" v. " ' ' with to consult him proally must call upon hi uj at his address above. 1 S. KAUFMAN & BRCj IVO. 250 3XA.IIV STIXIiJET, (ruder Odrt Fellowb' Hull,) . . . WHOLEHALB DEALERS IN WINES, LIQUORS, CIGARS, T0BACC0: -V- . . ...... ETC, ETO, I EcT Agents lor popular brands of Smoklug and ChcuiTiffl roimsTow. EllSE PEIOES OF , ; FroiiB this owr lanre aim coinpiieici Stock of Clothing at Id sreat sacrifice- We at1 deterinined . have marked down oni entire stock to mit tlic time. Splendid busincb suit , at; 15, $S5 and -worth ; large lot Casimere coat at worth MS. i lot Casimere nant h worth 11 on will save money m calling: soon, as we ai determitied for cash. SPROULE 24H and ST-IH GRAND FESTIVAL AND BAZAA1 - FOR THE BENEFIT OF THE - Christian Brotliers' College, AT - : . f. !'; May 5th, mHE LADIES AND GENTLEMEN WHO witn the nianaiteirnioi inn reio ir aiuoun tut biupicuicicuh i a?! :il U. . .... mnL. k. Va.iitrtal a mnat aninvnKU nA. AdmiMtOll. WA. 1 RAILROAD. MEMPHIS & CHARLESTON R.R. SPRING RACES CHICKASAW JOCKEY CLUB. SPECIAL TIME TABLE, TO TAKE EFFECT MONDAY. MAY 4th. and continue until Friday. M.iv 8th, in clusive, between Memphis and Fair Grounds: Leave Memphis 9:ffla.ra ' . .....lll:() a. in 11:10 a. m .ll:a m .12..i p.m ' l:'H'pni '"'...'Z ". 2: W p m Tickets f"r round trip, inoludinc admit tance to Ks.-e Track. Wi cents 'M1 fr one iTonly-for sale at 27SMaio atreet. and at y'oTa-Railroad time 23 minuter f -ter than ci'Ttime. W.J..RS. NOTICES as tn-y will m -- ,.rrT . M-& ni.ininiMiiui.iinu. TF. HEREBY NOTIFY ALL PERSONS from tm.liol for twenty-three notes for loil ea4-h. .aecuied h us in favor of K B. .i , ..ni nf N ft .17 NttUth Court street. , 9.4. t REDUCTION IN CLOTHING J 1 : date we oflc: 4 7 t 1 - . to elL anc 35 and 4. . n and 8. to sell lo MOTNi MTain ,! THE , .... J 6th and 7th. II AVE KINDLY CHARGED-TnEM5EL1 HERRINCS. HOE HERRING! -NEW- 50 Half Barre JUST RECEIVED. SPICER & RYA1 PJ1CN1MD. ST. PETER'S Sunday - School Yic: AT JAME8' VVUICi -ON- Tuesday, May 5th, lc" Tlrketa &2-S6 rifty