The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-02-15

T1E INV MARKKr Housk - Whitaker
may ~ the condflon Of TIN lInapc<s Of fhe rfS ~
thin! our reader VIII concur with usis fke opin.
ION Wet the old market house on Main Greet sheuld
ne - down, md new one OF some surt be erect
ea ~ 70 place. The plan lately submitted to the
Council BY the City Engineer may be too Costly,
ana for that reason we are not disposed TO find fault
with the Council for recommitting the report to the
COMMITTEES BY whom It was presented, with instruc.
t.ons tohave adiderent plan prepared; but we In.
elst upon 1t that new building IL necessary and
should be put up at once BY changing the plan 80
"a TO have the market house but one story high, il
strikes us that neat plain edifiee perfectly com.
Portable and admirably adapted to the purposes for
which It l. intended can be built for ten or twelve
thousand dollars, and Il the Engineer succeeds In
draughting plan that will answer all purposes,
and can be carried out for that amount, we have
very little doubt that the Council will appropriate
the money The present building is disgrace to the
city, and should be taken down by all means Tot
tering to one side like adrunken man, and resem-
bling IN appearance mash trap, the Grand Jury
might well indict it as nuisance, and have it de-
molished, for the benefit of the city.
FLASH IN THE PAs.-Dr c. B. Brainerd
appeared before the Mayor yesterday TO answer a
charge preferred against him of selling goods,
wares and merchandise and practicing medicine
without having first obtained licenses for SO doing
Dr. Brainerd, our readers will remember, delivered
one or two public lectures in this city some few
weeks since, on diseases of the eye, during which
he announced himself to be in possession Of dis.
covery by which near and far-sightedness infiam-
nation, and even total blindness, had been cured,
and offered his services to those afflicted with dis
eased eyes, to cure them. In consequence of this
announcement large number of persons called on
him to test his new theory, and many of Them at.
ter having the cups applied, declared themselves
cured or relieved. The only remedy used by the
Doctor was the application of gutta percha cups to
the eyes. and whenever patient pronounced him.
self well or benefited, fee was charged and pair
of the cups furnished with directions for their use
Ii he has ever administered any medicine we have
never heard of it.
When the case was called Miss Eliza Heath.
who had been introduced by DIR. James Bolton. az
Commonwealth witness, failed to answer. The
cause, however, progressed, and Messrs. Zachris-
son and Spence were examined on oath Neither
of these gentlemen had ever known the accused TO
sell his cups though Mr.. Spence had heard of a
gentleman who had purchased pair
Col. August, the counsel for DR.. Brainerd. stat
that if the Mayor of the opinion that his client
should take out license as physician, he was
ready and willing to do so at once. He had no de.
sire to defraud the Commonwealth of any portion
OF its revenue, for his object was to act Justly and
honorablv in his business. He deemed it proper TO
say that DR.. Brainerd was of the opinion that the
State had right to tax him. he being the assignee
of tine patentee, and Congress having given the
patentee the exclusive right to vend his patented
goods. This question, Col. A. seii, was novel one
to him, and he was, therefore, not prepared to saw
whether or not the view of the law of Congress as
taken by DR.. Brainerd, was correct. If, however,
the Mayor would say that Dr. B. ought to take out
license it should be done at once
The Mayor was of the opinion that Dr. Brainerd
should be taxed, but the Legislature had fixed no
penalty to be imposed upon medical gentlemen,
who failed to procure lcense-at least no penalty
that he had been able to dicover-he would not
give an opinion to compel the Doctor to pay that
tax until he had examined the subject more tho
roughly So far as the law of Congress was con-
cerned, the Mayors opinions were very decided. -
Congress certainly had the right to protect paten-
tee from all infringemens but he did not conceive
that Congress had The power to say that a State
should not tax the vending OF the articles patented
In view of the fact that he had been unable to dis
cover any law imposing penalty on aphysician for
failing to obtain license, he would dismiss the
warrant