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The home journal. (Winchester, Tenn.) 1858-188?, February 28, 1883, Image 2

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Published weekly l 2 per annum. Wlnr
the paper is will nut ol the county, $2.20.
WM. J. 8LATTKH, Ki.iTt.rt.
Wodnosday, Feb. 28, l03.
'Bad roads" i? the cry nil over tlc
BllltC. filmilicflll I
Tlio Legislature liiiH appointed n com
mittee to rcdislrict the St:i t.
Tlic Lebanon News has come to the
conclusion that "there in many a slip
'twixt prohibition nnd tho Supreme
William I'. Chnndh r iti to lie elected
Chairman of the Jlcpiiblicun National
Committot! in place of Mr. Jewell, lute,
ly (lc'foiiHcJ.
Tlio General Assembly of the Cum
berland IVsbytcriini church meets, in
llie Capitol tit Xnshvillc on tlie second
Thursday in May.
Tlie trial of tiit) star route thieves hit
dctimust rated the fuel-thai l'u!. Iii''er-
("dl, their counsel, in ns ;rent n hcoiiii
drcl ax liny one of his clients.
The rt'ort which has been circulated
in tlie newspapers fur several weeks, to
tlie effect llnit a lar'e farm near Jieel-
f iot Lake liud iillcn in, is n canard.
Tlie Ivxpress says (lie .Sunday laws
arc ho strict in Fayettovillt! (hat it is
ilancroiiH fur a iiinii to have hi bonis
hlaekt'il or put on a ! :i 1 1 shirt on that
An njidi''alioii to iii I vii iif( t)ii suit in
the United Stales Supreme Court of the
bondholder against (lie railroads which
liavc rect'ivfd State aid, will he heard
the fith of Mareli.
Attorney -(Icucral Lea Im iusiruetod
the Comptroller to receive from default
ing revenue eotieeiors inn new i:siic in
jmyinent of judgment..) njjniiint llieni,
but not for taxes.
Gov. i!ale has been called on by
numerous colored people and thankeil
for his Niit'.inii In have mi iishi'mI:i ti t
superintendent of public instruction so
lecteil from their race
Tlio Comptroller issued wuiniiils lo
the captors of !'d! lu.it week. ( bislinj;,
Hheely and Morrill received 8!t,.'!70
The CxpeiiHfHof the other tleteclivt s is
to be paid out of the remainder of the
J 10,000.
The iloei.-ion of the Supreme Cuurt
simply means that taxing diet l iels nre
corporations within the meaning of the
four-mile law, and iIiiim not restore the
tdmrters or rifled the Koveriiinents of
tlio towns.
In accordance with the bill recently
passed by Con;reen, the President has
nppointed as Civil Service Coinini.-sioii-crs,
Messrs. 1. 15. Enlon, of New Vork,
J. M. Gregory, of Illiuois, mid L. J).
Tiiomas, of Ohio.
The lurid' bill litis passed the Senate
and is in the House, but lis the House
lias a lurid' bill of its ou n under consid
eration, it is not likely that an Agree-
mont will bo hud on the (piestion before
the present Congress expires by statute
tif limitation.
Polk's Proposition to Settle.
The following proposition was nub
milted in the Heuatc last week by 3Ir.
iJauiel, mid in lho House by Mr.
Thomas :
I Iim, W. M. Dm! I, Ci'i'inii'tn :
Tlio umlersigiieil are requested by
some friends of Col. M. T. I'olk to
make the J.e''islnturc, through your
Supreme Court Decision.
'I be following important decision in the
coso of the State vs. Lea, convicted for
tippling within foii.-j.-iniles of an incor
porated institution of learning, was de
livered in the Supreme Court by Judge
Cooper on the l'tli instant:
Jack Leu vs. the State. Leu was
honorable committee, the following' coiivicletl ot tippling liquor wiiniu lour
proportion for n settlement iii full ofinnles of uu incorporated institution ol
the alleged deficit of Col. Toll; to U,0 1 learning, iindjippealed in error.
The conviction was held under the act
of 177, chapter 2.1, by the lirst necti.ni
of which it is made u misdemeanor to
They will pav within ten days after
ou ..Mt.ii.i-i. hv the Slate 100. IKK) in
the currency of'tlie J'mnk of Tcimcisoe, I'l'l'lc )' intoxicating beverage within
ami 57."i,000 in the bonds of leinicss-ee. lour iniles ol an iiicorjioraitMi insiiiuuou
upon w hich are aeciimiilated coupons to . "I learning, iliesecoml secnon 01 ine
the amount of ?.'l.'i,7o0, but which will ! net is : "That this act diall not npply
not bu taken into account as a pait .'" he cam of kiicIi liquors within tlie
il. ...., Mi lCnr.i.i,iei. nii.l uiiliin nine. ; limits ol'aiiv iiieoiiiojaied town' J he
I v j t ? t.uirn Im i.ri v PT.'i (ifii mi. re in def'-iiM' at the trial was that the defend-
the currency of the Hank of Tennessee ; anl sold the liquor within the limits of
the balance of raid alleged deficit t be an incorporated town, and tlie sale was
paid liv the note ol t ol I'olk, due
one venr from date, which shall be se
ll red by a mortgage or such other mode
of uidemuitv thereon as the Mate may
therefore within the saving of the sec
ond section of the act. The sale was
made within the boundaries of the town
of Lebanon, l'y the act id' 1 1 , chap.
lesire, iioon the intere.-t of(Jol. I'olk iiilX. " incorporating the town of
. . 1 ? fl . If ..l..i...... ........ ...... ... I...1 U . . . ..ni.l.
ns .Mexican nulling prnperiy, which in- ''"""" "r;"'"1. A.yj.m-, .........
terest is the one third and is coupled u "'o mn net, nicoipiiiuiiiiii us pies
with the oblig dion of his co-owners that jeribed tlie boundaries of the town. At
he shall be paid out of the lirt receipts j the same session of the Lei..lature, the
of said properly the sum of 8 1 5, 000 ! act of 1M1, chapter 127, was passed,
Said interest shall be taken charge id' cntilled an net to establish taxing dis
at once by an agent designated by the j ti it t.i of the second class, and to piovide
State, and Col. Toll; empowered, if nee- 'be meiiiis.of local giivcrnnieiitjiherefor.
essary, to operate said properly free The act grants municipal franchises to
A majority of the party who invaded
Indian Territory have withdrawn upon
ascertaining that they were deceived as
to tlio purposa of the expedition by the
leaders. Several of the lat ler have been
arrested by the military, and will be
turned over to the civil authorities.
Tlio House of Ji'epresciilntivcs, seve-
nil days since, printed the bill containing
tlio Fourth of July and other claims.
Tlio bill appropriates about 8:100,(1(10,
n'out .S20l),()(H) of which will come to
Tennessee. It is thought the bill will
pus tbu Senate be.furo the close of the
present Bessiou.
A ViH 1 pemVuig In the legislature
winch provides that the value of kiiii
plies furnished by any land owner to
Ins tenants can be recovered from pur
chasers of the crop ol said tenant. If
passed, tenants, wo suppose, would be
...... f I ... . .
required lo navo written permission
from their landlords to sell lho pro
ducts of their labor.
Owing to fecbo healih, Mrs. cx-IYes-
fdeiit J'ok has declined o receive mem
bers of lho Legislature in a body, ns
has been her custom at every session for
aiiunibor of yen re, but bus intimated
that slio would bo. phased to have
such of tbo members as desired to do so
cull ou her at any time, ' , ,
Whilo iuvestiniu much money to
eroot n monument in memory of U,c
Confederate dead, tho ciliiens of Nnsli
ville should also look after the n.lv
living Confederates. A late issuo 0f the
JJanner nicntions tlie fact that a woribv
cx-Ctmfodoruto soldier died in that cilv
receiuiy wr Hie want ot proper nlten
lion and tho ucccssarics of lifo. ,
of expense to the Stale, secure the pro
ceeds and apply the mini' to tin: dis
charge of any balance tint! by said rale,
which, however, may at any lime before
payment, otherwise be paid in the cur
rency of the Malik ol'Teiiiie-'-'re.
'e are satisfied that the above prop
osition is all that Ins IiicihIj can do,
and that ifiiereplcd will be carried out
promptly and in good faith.
A. S. "C.I.YAIl,
i:. ii. i:-r,
Jsi. V. Ciiii.m:isi, ,Ji:.
In speaking of the decinion of Judge
Cooper in the Lebanon case that the
provisions of thu four-mile law cannot
operalt! against a taxing district the
Tiillabouia (iuaiilian says: "Thus it
seems that, in the opinion of our Su
preme Court the 'oii.' lilnlioii of Ten
nessee i.s an impassible harrier to any
temperance hgi.-lata ii that may la
einieli'd. I he lechiiicali'.ies are all on
the side of whisky.
The coiling.: of the new nickel has
btcii Mopped by the director of the
mint, for the ruison that one side of tl.c
cmiii is a lac simile ol a live dollar gold
piece, and if gilded would readily pass
tor the Kiiperior com. J'he treasury
ti ts miv it is a dangerous issue, and
the omission of the word 'cents' makes it
worse. It in at their suggestion the coin
lias been suppressed.
The New York Financial Chronicle
estimates the takings of Southern cot
ton mills at Kid, (Mil) bales as agaiii.- l
12.1,1)110 last year, an inert use of 'J.Sj.er
cent.; and ol Ihe Northern mills at 1,-
r.V),!l'JH against I, Kili.OJt:! for the nunc
lime last season, a decrease of nearly
per cent.
A Remedy for Scarlet Fovcr.
Dr. M. Woodruir, for nineteen years
a practicing physician atCrand Kapids,
Michigan, furnishes the Springliild
(III.) Jourmi! the following :
" Wash the child from head lo fool
with strong sal soda water, warm, then
wipe dry Then immediately bathe
freely wilh oil from beef marrow or oil
from butter, applied lively. Then give
freely catnip tea, or some good sweat
ning article, pennvrovnl, etc. Kepeat
every half hour, or as often as they get
: I...I-..I ... i
(la; communities within the territorial
limits of certain districts, including
tow ns not exceeding "thirty thousand
iiihalu'iaiits who.-o charters have been
repealed, in order lo provide the means
of local government, with the usual leg
i -lativt:. executive and judicial powers.
Tin: community within the boundaries
of tin! tow n of Lebanon wi re rc-inenr-ported
under thi:i taxing district act,
and the .-ah; of liquors for which the de
fendant, Leu stands convicted was made
within the limits of the town after tint
incorp iration The trial judge, in his
charge to the jury, said : "I am asked
to charge you, that if the salewas w ith
in an organized taxing district of the
second class, your verdict should be for
the defendant. I charge you that a
man has no right to sell intoxicating
beverages within four miles of an incor
porated institution of ienrning witbi.i a
taxing district of tho second class. This
right is expressly prohibited by the act
that creates the taxing distiicts " The
sixteenth section of tho net does provide
"That nothing in this act shall be con-.-trued
as permitting ihe retailing of in
toxicating iqw,r in Hiieh laxing district
within four miles of a chartered in.-litu-lion
of learning." And the chargedoes
squarely raise iheqlies.-ioii whether this
section can have any and what riled on
llit! :-eeoiid section of the act of 1877.
Ly the act of LSSJI, chapter 1 li),
verse I. the dealing in liquor by retail,
or tippling, is made a privilege, as it
had been by the pre-existing revenue
laws, lho dealers being taxed as other
merchants, ami also ma.!.' o. ....
additional tax, graduated in a snecilied I sf('"1''"' intent is fully carried out in cv-
nioue. Hiking mis act in count t!tion I """" lllu ii ii iii
with the act of 177, the license of the' '"''H '"'' w"t of the constitutional rcci
deuler is subject to the provisions of the! ,"'s '"' l'ic l""".ivc language necessary
penal statute that the business shall nolj '"r I'1""!"''- And if there had been
be carried ou within four miles of an j tnft 1 J -- recitals or language, the
incorporated institution of learning, I whole act, would, perhaps, have been
ctpt within the limits of an ineorpm'ated , "lll".,x'"u? '"""other provision of the
town. Whether the license law ante-i''"1'"" ;ollstltlli"" above cited,
dated or followed the penal statute, thei'mt 'J'" become a law which
latter, being in pari materia and eonsti-!(',"'.,r:,('('s 'norc than one suhject, that
luting a part of a general system, would '""''J''''1 1'; he expressed in the title." For
equaliy apply to regulate the business i ''K l,r'liou of a class of municipal cor
under the license. So. whether a town ""rations, and the alteration of a gen-
was incorporated before or after thelitis-1''1'"' I"""1' can scarcely be consul-
sage of the ad of 177. the limitnrion of l',ed ns one subject, even if the general
limits of a (axing tlistrict of the second
class would, therefore, be as much with
in the serving of the second section of
the act ofl77 ns the sale within the
limits of any other incorporated town.
His honor, the trial judge, was of
opinion that the right lo sell liquor by
retail within four miles of a chartered
institution of learning in a taxing dis
trict of the second class was prohibited
by the act creating these districts. And
it may be conceded I hat such w as the
intention of the legislators by tho lan
guage used in the sixteenth section
"that nothing in this act shall be con
strued us permitting the retailing of in-'
toxicating liquors in such taxing dis
tricts within four miles of a chartered
institution of learning " Hut the inten
tion cannot be elloctuatcd except by
treating this section as repealing the
general statute of 1877, or exempting
the incorporated communities within
those districts from its provisions. And
the difliculty is in seeing how this can
he done consistently with tlio provisions
of the constitution, and the usual rules
of statutory construction. Our duty is
to carry into died tho intention, of the
legislation, if possible.
lho act creating taxing districts ot
the second class does not give to the
corporation organized under it, or to
the oflieers of such a corporation any
authority in relation to the privileges
created by the general laws of the
State. The corporation can puss no or
dinance inconsistent with these laws. It
cannot even levy a levy a tax on either
property or privileges. This is express
ly forbidden by section f) ami by section
II ; the .Stale levies a tax of itfl on ev
ery 8101) of taxable properly, and on
all merchants and privileges a lax equal
lo the general State lax, for .'he purpose
of supporting (lit! corporate government.
The municipal authorities lire not vest
ed, by the ad, with power to permit or
forbid the exercise of any business li
censed by the State as a privilege. Nor
has thi! Legislature undertaken in the
act, by positive language, to forbid such
exercise The language of section l(i
is merely negative, "thai nothing in the
act shall be construed as permitting,"
etc. And there is nothing in the act
which eitiier permits or forbids in so
many words.
The constitution of the State, article
2, section 17, says : "All acts which re
peal, revive or amend former laws,
shall recite in their caption or otherwise
the title or sulistance ot the law repeal
ol , reviv'.-d or amended. Ihe act
crealin .axing districts of the 2d class
cannot be considered as an act to repeal
or amend the act of 1477, for neither in
its "caption or otherwise" does it recite
the "title or substance" of the penal
statute. Nor does it contain any such
positive provisions upon the subject
matter o' the statute as would operate
to repeal by implication. The sixteenth
section, us we have seen, i.s merely neg
ative in its language. The truth is.
tlifi Legislature had a general intent to
create ti new class of municipal corpora
tions, ami a particular intent that this
class, of corporations should not bo with
in the savings ot the penal statute. 1 he
N. & 0.
Supplement itt Already Splendid Service
lij Additional Accommodations
for the riibllc.
'flic Nashville, Cliiittnnonfcn & Kl. Louis
Ituilwiiy, the pioneer line of '1Viiiicssh,i in
equipment, construction uml sclii-dulcs, Ii iim
just I ( kin a Iouk stride in nilviince. The
time wiis when cue piisHCDKer (ruin li tiny, in
ench ilirtctioii, iiiiikini; slow time, seemed n
(,'reul iii'liievemeiit ; but thu ileiiinntls of this
ii go are such ns to require three pass'iier
Indus diiily, ench wny, between Cliultiinoogii,
Nashville iiiul (he Mississippi river, mid the
iiiiiiiageiiient of this mud, having fully grasp
ed the siluutioii, lins con.c up to tlio require
ment. Tlie traveler now requires the day for the
execute ti of his business, niitl consequently
must ulilizethf hours f darkness in Ki-ttiiiJ(
from iilnee to place. This mini also supplies
this ilesiileriilum by fiirnisiiiiiK the most com
plete tlimiiKh sleeping cur iieeomiiiodutjniis
'between the Kieiil ciuiiiiiereiid centres. The
new sclieilules ot this line ill connection with
its sleeliinK cur service from Cliurcli street de
pot, tins eily, seems to be nil that coiilil be
desireil. As our renders may mil lie familiar
with lids "new ilepuiliire," we upland it, ns
an item of intcrist.
These trains run us follows:
Lkavk Nasiiviij.i:, Guixu Vk8T.
Firtl Tiniu : 7:20 n.m., nrrives in St. Iiuis,
via Cairn, fit 10:40 p. in. siimi'iluy ; arrives ut
Memphis 4:20 p. in., Little Keck lit midnight,
niuriexarkiina ut 7:-Vl n. in., connecting for
points bevond. Take this train for points
North, mi the (.'., I). Si S. V. Kailwny.
Srrnml Tiniu : 12:01 noon; arrives tit. Louis
at I!::i0 next iiioruiiiK.coiuieetiiTgthere for the
West uml Northwest ; n ningiiilicent through
I'lillmiineiirntlaelied. Least delay bv this
train nt l'uilucah Junction, fur points South
on llieC, . & S. W.Kailwuy.
Third Tin in : 7:00 p. in.; arrives St. Louis,
1:110 p. in., next day; arrives in Me mphis at
).0(l a. in., Little Itoek at noon, and IVxurku
na 7:2i p. in., connecting for points Im vi.ii.1.
This train lias a tlimucji sleeping cur to Mem
phis, a through cur to Little Itoek, uml n
sleeping car to Frcilcriektown, Mo., via Co
lumbus. Lkavk Xa.iivim.i-: Goixh South.
l'irrt Tiitin : !I:'iO n. in.; jlaylidht run to
Atlanta. Arrive (. linllunoo;a, 2:4.) p. in., At
lanta, H;lll p. m., making direct coiineiiina
for Augusta, Charleston uml Mac.ui.
tinuul Ti-niu ; 4:15 p. in., arrives in C li.U
tunnogn 10:20 p. m., Atlanla 4:00 a. m con
nect inj; there South anil Kal. A through
sleeper via t'hultanoogii, Atlanta and Macon,
reaching Savannah at ih.'Mi p. in., and Jack
sonville, Kin., at 1 1:00 p. in. next evening af
ter leaving Kushville a rim of 'M hours!
JViiVi' 2'rto'n: 1:25 a. ni., arriving at Chat
tiiiionga at :-"0 a. in., Atlanta 1:40 p. in. This
train has a through sleeper Nashville to At
lanta, which can Ihmk cilpicil by passengers as
early as '.1:00 p. in., anil llimiiKU sleeper At
lanta to Jacksonville, Kla., via Macon and
Jesiip, reaching Jacksonville nt 7:110 next
morning n run from Nashville to Jackson
ville of only ill) hours! This train also
makes direct ciiiiiieclion wilh K. T ., V. & .
train for liristnl, Lynchburg, anil points be
yond. This is the most eoiuplete,ciinveiiieat,
cnmlnrtalilc and speedy line lo tlie great win
ter resorts of Klorula and Ihe .Southeast.
(8 Public Squaro,
Hi kiMw
The largest display of Men's, Boys'
and Children's Clothingand Uents'Fur
nisliinur Goods ever brought to this
market A specialty in the line of
Hoys and Children s School Mills at un
precedented low prices A great va
riety of 1'iece Goods iiiado to order on
short notice. Also a large line of
heavy weight Goods, carried over from
last season, from 25 to 50 per cent, less
than cost. oc2i)-t(
Call on me, and I win 8u,(
your eyos exactly
Having been for SO yours In ll,e
trade, 1 uu. able to select the , VS
Winchester, Tenn.,
lIKAl.K.ll IN
Medicines and Chemicals,
(SyDHjcs, lirutluH, l'ajumenj, Ac.
Prescriptions carefully coiiiliounded with
accuracy and ilispntch by comjictent jiersons,
at all lioiirs ol the day uml night.
feblo-'tC.'. lv
l-l t I I
Ihe second section of the act would
crpially a.ply to it. If, therefore, the
laxing districts of the sec I class or
ganized under the act of 18H1, ch. 127,
law bear upon all municiiuil comorn-
tions. And the result would be the
same if the sixteenth section bo treated
as an iilteii.pt to exempt one class of
worrisome or wakeful, and in one or
John T. Rmledge, iho , celclruted
composer of mtisio, died nt JJemiJti re
cnnflv T.iLo nil .n ..'?...... . I
S'jai t,n-i vno'i'i'scrs, ne
i eiii (lutii l0Pr notwithstanding his iiumbcr-
tl.. j Josssoug8 liavo mndc fortunes for olh
erg. Among the many of which' he wris
the outlier lo" tenll. .... 1...11...1
jllll "wi nuunu imillltl,
i.Z ureamv i'ves '1 hnt Iinmir. mnKiiii"
TOBH w 1 - ,v --1,1.1
' .. Jiiul the largest sale of any soil!? on re-
W t yet ho disposed of tho eonyright
two tlays they will be entirely cured. J
have liecn called lo cases Where they
have been fully broke out, and in thi's
way entirely cured them in twenty-four
hours. I have had thirlveases on' luind
... .. .1.1.
at a iiuie, ami never rosi a case m mv
Inc. Jiiil now I am old and about (0
give up my business, and seeing from
the papers that your town is infected
with the epidemic, I wish to do all the
good I can. U is so Miiiplc. You do
not need lo call in a doctor. A good
nurse, can aitt nd to them. 1 1 by open
ing the pores of tbo nkin mid sweat'iii"
you can let oil tlio poison, which is an
auiuialcuhi, or adiinal in thu blond, the
cure is complete. Tbo same is eouallv
gootl in fevers of all kinds, bard cold's
and coughs. 1 take, the ground that all
diseases are caused by a stoppage ol the
pores of the skin, retaining the poison,
r living minimis, in tlio blood, mid all
you have to do at first is to open ihe
doors of the system and let them out.
All people know u warm bath is e-oml.
lint you apply thu' oil to the skin, and it
keeps I lie pores open for a limir timo
ami gives the enemy a chance lo get.
our. J hope nil will try it, and they
will stun; be convinced."
A Now Conic
Tho 1'iiycttevillo Observer says the
latest swindling schenio is ns follows :
A wealthy-looking old farmer appears
in me locuuiy who is extremely nnxious
to purchase a farm. After sumo nego
tiations n trade is made with sumo one
who wants to sell nt a good prico for
piiuii .....I or.n 1 .. . 1
...u. f0o ia mm as earnest money
nntl a contract girled until the piirclui
w a renin) u, his home, in tbo nd-
jo.....,K couiuy, ,ini) Hccuro the rest of
tho money Hoon after another party
appears and is very much pleased will,
the particular farm ami m,rs $1,000
udvnncc on . the price. Tho far c
hunts up tho purchaser and !.. 1. . '
contract forlifoo, though tho rfn. n r
clinser is verv surrv ,.n ti ',
are municipal corporations, tho sale of 1 corporations from tho operation of a
I '. ill ... .J ....... I I.. ... A .. .1 !.:....! 1 . . I .
minor woiiiii im Within tho SavillL' ol i ' "ll ' " is ai icasi tiouui
. I 1 . - . . Sl C..I ...I. . .. I. ..... I
1 ue seeonu section ol the act of 1M77 llu r 11 scparaic aci w men uniicr-
aud the tlcalers not subiect to the ncii- l,l,k to exempt one class of municipal
allies of the first section. .,r ti. J ''orpora lions from the provisions of 1
words "incorporated town" in the last I"'"11' 'aw npplieable to all such coriio
act maiiilcsllv mean anv nfnnieiiwil cor- laimns would tie constitiitioiial
5"s ST
s J
I r
v.clim wnils for hi stcond i,,i
I..' at n,., , I o.irer
111111 ins ci.tioo iHivance. hut hn U ...
er more visible to lho tiuked eye, nml
the two sliarpeia 11 10 nhtud 8250 ond.
It is a very nicy trick and nlwnvs
ceeds.. Our readers must bo 011 the
lookout herirre they nto caught.
n .
Tennessee bonds are quoted in Nut.li
ville ut 38 cciits.
"union, minimi rercrence to lis 1101111
la lion or the special provisions of its
At the session of Ihe Legislature of
ii:, 1 no cnarters ol tho city of; Mem
phis and of a ninnber of lowns were rn.
pealed, an an act. was passed entitled an
act to establish taxiio' districts in this
Mate, uml lo provide the means of local i
government lor the N.nie. Under this
ael, and nets amendatory thereof, the
leiiuoiy aim people o the cit v of iMcni
plus were incorporated into a Inxin.r
.1:. . . . . . . 1 .1 1 .. . ... "
iiisinci, ami nie legality and clleet of
1 ne legislation came heloro tins court
lor consideration. Wo held that these
acts were grunts of municipal franchises
to the coininunilies within tlio territo
rial limits of Ihe taximr districts, in or.
tier to provide the means of local gov
ernment ; Hint they created the "acou-
iii.ii iteming iiisirunieiitiiliiies" o
a municipal corporation, with the usual
legislative, executive and judicial pow
ers, nun the local government thus or
ganized was clothed wit , it,,, mill,,,,.!,.,
and intended lo answer tho purposes of
fl n,iti.i...iil I., ..I.. . :.. . . ..
" -: i"" ,M,".V i in une, inat the
taxing districts were municipal corpora-
dons, l.uehrniaii vs. Taxing Districts,
2 Lea, rj.l. A change of name could
not alter the nature of tho legislation.
A charter for municipal purposes is an
investing of the people of a nhice w ill.
Ihe local government thereof, constitu
ting an imperiiirn in imperio. the cor
porative and tho territory being the es
sential elements and all else being mere
incidents or forms. O'Connor vs. City
of Memphis, GI.cn, 7:J(), 7(1. It has
not been doubted that the municipalities
organized under these nets were incor
porated towns within tho meaiiimr id
uic iici or 1011,
The act establishine; taxinir districts
of Iho second class equally grants mu
nicipal franchises to tho communities
within the territorial limits of tho dis
tricts, and creates the "airencies and in.
sirunientiililies of a mtinicipnl corpora
lion, with tho usual legislative, execu
tive and judicial powers. Thero is no
dillereneo 1:1 principlo 111 tho ehariiclt
01 tho respective acts, and tho corpora-
....in (iiganr.eti uiiiter them. Uiey dif
fer merely in the niaehiiieiy of corpora-
tivn rrni....... 1 .1
- ..liiniiiLiu in precisely mo same
ay that the charter of a citv might he
cM'ecieu to dillur from the charter of a
village. 1 ho taxing districts of the 2d
class arc as clearly municipal corpora
tions as the taxinir HiHt..i,.i. r.i.'c...
I no o o vi iou niui
class, lho ealo of oum ut.i.:.. .1...
--..v.v 'iitlllll (ut;
If it was the intention of the Leidsl
lure to exclude a construction of the act
as pei milting the sale of liquors, mid
the impression that such sale was al
ready prohibited by the existing law
tho results would be the same. The
language is not sufficient to create
declaratory act upon which the courts
can Paso a new construction. Tho old
law remains in force precisely as if the
language had not been used.
The judgment of the circuit court
must bo reversed, and the caso remand
ed for a new trial. CoiirKK, Judge.
This ileeisinn disposes of several other
cases depending upon the same fines-
turn, the remedy of which nre handed
in with this case. The judgments will
uc reversed, and the causes remanded
Cooi'KK, Judge.
An Ingersoi! Anecdote.
A Washington correspondent of the
Nashville American tells the following
Col. Itobert Ing'irsoll spent several
years of bis lifo in Tennessee, and is
I I'. -.. .. ...
i.ien.ioie, iiiuiiiiar wiui the habits and
tastes of Tcnnesscans, and especially
does he remember that. IWHMllilll twit.
clivity of Tennessee people for good
'.. inning tuner.
Some time, since lie took a seat on
iraiu iron, this city to New York. Very
soon n h.w-.i .....ti .1 1 .. 1 . -
.. vi i-u lessen, line-looKing
inan took tho adjoining scat, and after
the Irani was in motion commenced ask
ing lho Colonel a great ninny questious
" country inrougti which they
Were pnssiiiL'. as to in
hut especially as to drinking water.
Ibis style of gonvers.ition continued for
some nours. when at last Col Ingersoll
......,.iH ma coinpanioii, said, "Are
.ou uu a xcniicsscnur (which, indeed,
"Yes," replied his companion. "I
am; but why do you ask ?"
" Because " replied Col. Ingersoll, "I
know something of the proclivities" of
Icimessenusfor drinking water. You
have not failed in asking n.e about any
td the country through which we have
passed, ns to tho character of the drink
ing water.
"Do you know," said Col. Ingersoll,
looking his companion in tl.n ',i i..
confidential way, "that J always thought
Dives was a renncsseau?" -
" Why so ?" said his companion.
"Because," replied tho Cnlonnl
had riot been in hell ten minnt ir,.-
he cried for water."
5 M I
J;, til
2 C
- CV2 I
"lie Feaili torsitj of tie South,"
At Winchester, : : : Tcnn.,
unsurpassed for viiriety uml licnuly of scene
ry, mill entirely exempt from all iiiulurial and
epidemic discuses,
in thin Iiutiliitiiui nre such as common sense
nail thf wisdom Ruined from Ioiir experience
have deiiioiistrnled to he most ell'eclive.
No plan is nccepied or rejected liecuiise it is
''new" or "old," hut if proved bent, no stigma
is placed upon it because it is not the birth of
in this College U fully up to the progressive
(leinunilsof llieire-enl. itotli the instruction
and cxuinple such tlmt even the sluggish inn!
iniliU'ereiit soon hecoinc interested, and study
heeonies 11 positive pleasure.
the Mary Sharp has Ktood linn nniiil thedes
iiliitioiiof war anil the pcrneeuliniiH of envy
and jealousy, uml this long record of faithful
and successful toil should he nsiitlieieut guar
unlet; for the future.
need. "n
0. S. CRANE,
at J. M. HiitelWI)rgto
Ho ! for Christmas
jiisi openen, iK'iuitiliil Nlvrr-vam 1
best (nudity. Xotliinir num. K...!r,'?
durable for 0 """"H
J.hp.jstmas Resent
Latest styles of Wntdics, Jot
elry, Sets, Tins, i11(,8 '
Chains, &c.
Cull esrly mid make your LiJ
Ihe rili.li lievlllH. Mk1
C. 8. CRANE, JiKdn,
at Hiitelibiu'Dnijs,
IVe.fi, 18S2. 3m
DKAr.rat rs
mm m ratiwi
Miiuwu una yiiuui
Standard Patent Medicines,
Svititiw Sin. 1 1 li !. lt ,.,... 'V....
7 ;. v.1' " '""1 1 Hints, .w
am 11 II v in 11 tu 1,1 lir,,, v. ...j '..
gars, 1'nro huh uml l.Kjin.rs for Jli4i
1 iivsieiuiii. .rcn riptions canfi.llt (J
ioiiuueii, niiuoriieisniihwmil ujih
wit .
occupying pohilioiiK of honor throughout the
bind, mid who, hy the education here receiv
ed, are made hlcsniiiL'x totliousnnilu ..f "K.nol..
era homes," uml to the eoiiimiini'.ies In which ! hnlsU ry, Ac, dune nroiin tlv.
they reside, 11 re Iii iutj vitiuatt of the thorough COKK1XS iiiuile to order'unilii fullyrap,'.
work done at the .Mary Sharp in educating the nieist on luind, id nnrsiu', ilfinilii
Manafaetiirer aii-l .1 iahr iu
Prices ns low ns the Hione pn l. ti...i.i :.
v...i...:ii.. 11: i- !. . '. '.
....... , .im t iiii.iiiiii ,H llirj ....
and will si 11 ml the teM nf miv nK,iiit
usage, l'ietun s, ( lireii i.s.Ae., lumlrfrau
A lot on haiiil for side vi ry low. All a.i
.uoiiidiiigiorsaleclicip. If v, VSMKt
111 yonreune chairs, eume nm! pt (larin,
1 uu nt .i-piy nicer mats. All kiwlsol '
5 CO
2 05 cjj
o o
5? O O
Mps, Mid & Co,,
hi.ikU Collr-c Slroct,
Plain and Jananned Stamped
Mantles am, Grates,
ce-Gream Freezers
Of thejnoHt improved pattern,
tiiiuil and heart.
of dress is insured hy a neat ami inexpensive
f'ooks and statiotK ry can he hi light nt
Xashville prices. Xo coinhinatioiis foriiud
hy which any teacher r to active 11 proiil in
monies spent for pupils.
of the Institution were never heller; request
for Cululogiies and informal ion received dai
ly, not only from the Southern States, hut
from points north of the Ohio river.
of education is hiijh, ami restK upon the con
viction that evcrysy -tcni of bistriiclion should
he estimated by its success in promoting the
higher education ; hy its abililv to increase
the power ami range of thought, and to not
only excite the mind to extended seicntilic
research, hut to join with it that nnii. 1. ..I
culture hy which alone the true iligniiv anil
wcll-licingof Immunity 1 insurnl.
consist of Dr. Z. C, (iiuvix, first ami onlv
President, assisted by a full able ami expe
rienced coriis of 1'rofesMim.
I'll- M,Hlk.
Tuition in Collegiate Department ffi 00
luteraiedintu "
" " I'riinnry "
" " usie, (I'iuiio) with use of
" " Special Vocal lessons
" " Painting (not including ma.
" " Drawing "
" " (ieraian and Kreiich.eacii..
Iloiird, including washing, fuel and
"K"'s 13 50
Pavmcntx to be made inm.1.,. If ;., ...1
t 111, . ..I .1.1 1 .iik-u
lor eacii nan session ol twenty weeks.
For Catalogues, or information, nddrcsmhe
Presuldit, or Professors (i. V. .Il,.,.i. ., 1
. i. Harrett.
DThe next session bceinttlm 0,1
nesday ill iSepleinber.
President llnm-i' ,.f 'li......
f..l- . 1 ""wr,
willy 1 I, I AMI.
tin. v can be bought for mivtil.i r. 1 lp II.
deliver them in a NUT; 1 i KA Jf.K to nnvt ir
..r .1 111. . . 1
in ...e..i. ...... ne Kelps en luiminn imr
aseheup, oreheiipir lhr.11 the srmii rm
bought in Ntohville.
He has nil kimis of lim ber fi r fiilr, at ill
lowest price ; and, ns lie litis 11 snw-millof Li
ewn, can fill any order nt short neliw.
Sheriff's Sale
For March 5tli, 1883.
Zcbulon nnd Surah Ihanibige vs. Williia
Hy virtue of im order of sale In nuiimi
til I iv the Clerks Master of thu Chancer
Court at Winchester, Tenn., I will, mi
Monday, March 5th, 1S83,
offer for sale at the Cmirlboiisi- tto in Win
Chester, Tenn., for cash, all ll.i rilil.lilliu"
inieresi unit uetentlant lias in a trnct ot lim
contniiiing '.!K) acres, sitiuiteil in the 8(ki
district of Franklin county, nml fully A'
cribed in mill order of snlcheir.Rlht tntie
laud conveyed by 1 P. Ikt-haiii ti Angusti.
and William Ilenilrix and rci-Ui ad if
. 1. ... ... ... - :
.1 no iu'gisier ouiee ol sum cniinlv in dikik
2 OU ' paw tit'. Sale within lawful' hour.
Ibis tebruarv (!, 1H,S.
' It. K. OAKI.E Y, SlicrilT.
Ul7-tr!s 8
C 00
0 00
4 00
2 iiO
1 00
O. IT. G-attis,
.Itcspeetfully tendei-s ,i professional ser
vices to the citizens ot Winehesier nnd sur-
...oioiiig eoiiiury. All kinds nf work iter
taming to the profession executed lit price t0
Hlllt Mm i
0fii;;p-)vcr llrnnnan, Hunt & Thomnson'i
law oHice. east Hide Public Siniiire.
Non-Resident Noticer
B. F .Holder, Ex'r, vs. J. M. Holder
iiuu oiners.
(Wv'-ISf winf t0, ,l,c ."n'fi'-'linn of the
;.''.. "ml 1110 "flalavit in com
bend us your orders. TUv i,
nriyc prompt ana nonent attention. )'hcu
visiiuig me city can ami sec us.
sr Ivemeniber the place :
Nos. 24 &T26 College Street,
washvllle, Tonn.
II. Clements et als vs. B. 'f. Clem
cuts ct nls.
Davis.Mnrtin A T-ivl,,. c.i:..!,. . .
plninantH. ' iwco .:
......m i i'ii i in niMivc cnusc, that the de
emhints, A. 8. Holder. J. M. Holder W
'"hi iiiuiniiii. r iitmtwiA n,.u: . ..
Kllarriso,Iu1(,AV. I ,,
on them. V CUnn"t Hcrvt'tl ul-
F niivuwnr WLt'KK 111 I in I rinwi
...1 ."'".ro(J,un,, d non-resident tlefend-
f,.,, "J't'4-'"-n r iKtorc the fourth M.mduv
in J.i no next, liefon. the Chancery Court at
miiVrtiiT. 1' rati If in nnnnlif T
, ' . Jciin.. nnii
hl riT ," 10 ,nW mhor tl'caine Mill
te taken for confined nnd rt f...
TeS. ''T?', ffice 5 Winchester,
Simmons & Curtis, Solicitor,
First-class hin
and MAXiTAcTrn i:iis or
All Kinds cf Mattresses,
Xo.9 Xorth Collige Sim!;
Nashville, : : Tenr.csscc
Lee 5I(iseP nnd Sain I). Xieliel, Sali-Mwe.
All goods packed and ilelivcrid at E'i'j'
free of charge.
At the house latelv occupied by Fuiinir.g i
Son, Public Sijiuirc,
Proiiosesto furnish, ilunp for caili, ",'
111 ; best brumlx and ipmlitv,
Cigars, Tobaccos and Snuff.
His liar Will bn tnnerinli nlllll 1.T '
Tom. Arledgc, mid he vunruntce ih'1.'
Iiext ofliiuor only will be sold. Hut"1"'
for Winter, and cool ones for Simiaier
hi in a trial.
Winchester, Tenn.
New and cleiranl Ton and No-TI B'fS4
nnd lirst-cbiRs Hnrness and Saddle Ho"
Homes bonrded bv the venr. ninnlh .'?!!
very low, nnd well attended to by l"1"11
grooiiimiien. 40 , ,,,
J lacks run night and tlnv from inc",
to IXcherd . Pwweitgi rs ciil li (I for hi .v I"
of town, nntl bnggngechecktd. lVS
aprl-tf KU.1S DA
ions stMsioKs. r. rt.
Attorneys at La'
Winchester, Tenn.
Will practice In the countlesof Fr"
..... iiuviie in me couniiiTo .
ColTee nnd Moore; bIko in Supreaii Conn
Nashville. Prompt ultention givtn 7
led ions. no"'
Oificesoi,,h-atHidof Publit f-mturf'

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