Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-10-28
RADICAL ISJUSTECE.
The Registrar WithhOIds a Ger
tfhCate Of Election from a
Democratic Justice of
the Peace.
A Plain statement of Facts,
from John }. Butler, JUS
tiCe Of ehe Peace Elect.

The following statement and sworE
! certificate from Mr.. Butler and other.
will explain the reason why that gentle
man, although elected over his opponent
BY e handsome majority, has neve been
allowed to take his seat as q magistrate
OF the Fifth Civil District. They need
no explanation, being q plain statement
OF facts which, if the Radical party o.
Memphis and OF Tennessee were capable
0f feeling shame, would put them to the
blush for such Darefaced villsiDy and
meanness
John J. Butler hereby certiies that, at
sn election held st Memphis on the 1st
august, 1858, for the Office of Jus ice Of
the Peace for the Fifth Civil District Of
Shelby county, Tennessee, he, John J.
Butter, was duly and legally elected by 8
msjOrity OF the voters OF his district, as
csu be and il shown by the return Of the
acting sheriff at the election, ssd also by
the return made by Capt. Sears, Regis
Tar. Capt. Sears WithOids said Buffers
certificate OF election, owing to an cbjec
uOo maize by one of the candidates for
lhs same office, thst Butler was not a
resident Of the Fifth Civil District on the
dsy OF the election. Dir. Butler states
and osrtifes that his non-Tesldence in the
Fifth Civil District was temporary; that
ne was compelled by process OF law to
leave his residence ia the Fifth Civil Dis
triet, where hs resided for i've fifteen
ysarE; that tbs removal occurred in the
month o. July, 1868, and that his return
20 his WI district and neighOOThoOd was
a few days SfteF the lst of August, 1858
Mr.. Butler further states that he would
not have lefs his district (the 5tb), when
cCmpelle4 to move, IL %he9cOuld, at the
time, have procured : suitable house in
il, and that SO % IS he did procure g
suitable house ne removed back 10 the
Fifth Civ. District, where he intends to
reside, ss he always intended to reside,
for the future.
The Sheriff of Shelby county will GER
tify TO the correctness OF Mr.. Butler, re-
garding to his being compelled Co move.
MIR. Butler thinks that the issuing to
him Of his commission would be aAact
0! justice which he doubts not would be
awarded to him ifhis case was explained
TO anu placed before the proper authOri-
ties. JOHN J. BUTLER.
S~orn and subscribed before me, O3t.
10, 1868. S. a. MOORE, J. p.
I hereby certify tia: John J. Butler
told nee, at time of changing his resi-
a@a. last July, that he Gid not intend
10 remain TkeTe he Was moving to, but
would come back to his old ~neighborhood
so soon as he got . suitable house and |
further state that said John J. Butler did
move back into the fifth civil district,
early in Toe month of August last, 1868,
where be DOW resides.
Ostober 0, 1873 WALTER JOYCE.
= mr., md EnbcarfhnH hAfOra ma ONf
10, 1868. s. A. MOORE, J.. 2.
IL. John J. Butler applied to me, some
few days after his election for Magistrate
in tie 5ah Civil District of Shelby q
ty, Tennessee, and asked my opinion as
70 his eligibility if elected TO that office.
He stated to NE that he had been sresi-
dent for some fifteen years or more in the
Fifth Civil District but short time be-
tore the time he was consulting me, he
had been compelled to leave the house he
was living in, 10 that district, and re-
move to another district, in the city of
Memphis. He statse, however, that his
removal was only temporary that 1t was
his intention to move back 10 the Fifth
District as scon ss he could obtain a resi-
denee, aud was determined to live
amongst his old neighboTs.
Upon this statement, 1 told him he
would be eligible without doubt, as he had
not changed his residence with a view
permanently to remain away from it.
The law is very clear that he had not
changed his residence, and Iso told him
and I nov have no doubt that he is EN-
tireIy eligible, under well settled princi-
ples Of law.
z. NJ. YERdER.
Memphis, October 9, 1865.
Samuel Tishe, guardian, vs.. J. J. Blu tier; Law
Court of Memphis. Writof possession issued
June 2, 1873.
The above writ was executed on the
defendant, ]. j. Bntler, by me, Q re-
turn made accordingly.
S. J. GARRETT,
Deputy Sheriff Shelby County.
The writ Of possession in the above
case was issued June p, 1858, and was re-
turned executed.
ALFRED MATTHIAS,
Clerk Law COur of Memphis.