The New York herald., 1879-09-25
TROUBLED MEMPHIS.
Fresh Complications in the Matter Of
Cotton Transportation.
A CONFLICT OF AUTHORITY.
Eight Deaths and Ten New Cases Of
Fever Reported.
[BY TELEGRAPH TO THE HERALD


The event of to-day the injunction trial before
Special judged S. Galloway the petition of n.
W. Speers Jr to restrain the State Board of Health
officials from enforcing Rule No. @. which
prohibits the bringing into Memphis of
lint seed cotton. The was
argued by Judge W. S. Flippin for the petitioner,
and General g. w. Gordon representing the State
Board. Judge Fippin insisted that the rule was
illegal and unjust and cited various authorities in
support of his argument. He SAID the power
to regulate commerce is necessarily exclusive
The commerce at Memphis interstate as well
foreign. Commerce is not only an exchange Of
commodities, but includes navigation and inter-
Transportation is part Of commerce.
Congress can alone regulate commerce. He cited
the Constitution of the United States providing
that no preference shall be given by any regu-
lation of commerce revenue to the ports
OF one State those of another. Nashville. Louis
vile, st. Louis. Chicago and New York are. he
said, unrestricted Memphis is handcuffed. II
man may carry his business and gin cotton
across the river at HopeheId Ark, as low down
Helena and cannot exercise the Same privilege
at Memphis. then this would be violation
of q constitutional right. The powers of the State
Board related he sad strictly to disinfection. The
Board could establish quarantine against anything
coming from infected city locality. 1t could
be kept out of the city so many days.
but when the number Of days fixed for quarantine
had expired. then the article could go in.
There pretence that lint or seed cotton
coming from eicountry was infected hence there
could be no quarantine for that. But exclusion
made by the order seemed to proceed upon
the ground that "formites'' or "sporads" might
enter 1t after it reached the city. II SO
it could be disinfected or before another
epidemic should the Board OF Health see At to do
SO; but to exclude cotton upon any such supposi-
ton was a merely experimental proceeding and
could not bc maintained. Rule No. 6 was not. ho
argued, quarantine regulation; it was direct and
unwarranted exclusion Of cotton from the market
and direct interference with trade
The injunction ordered to be issued. The fight,
however. is not yet ended Late this afternoon Mr..
Johnson received the following telegram:-
NASHVILLE. renn., Sept "a. 1879.
To Hon. JOHN JOHNSON superintendent Quarantine.
The State Board is advised by counsel here.
Judge Archibald Wright and Colonel 4. d. Baxter.
way as Special Judge of the Circuit Court
there utterly void. You will, therefore. con-
tinue to enforce rule No precisely as If no nune,
proceedings be Instituted to punish you for con-
tempt OF the injunction notify me 81 By telegram Tr
President State Board OF Health.
PRECAUTIONARY MEASURES.
In an interview with Mr.. Johnston tonight ho
stated to your correspondent that he was yet unde
termined as to his future action. An attempt will
be made to have. the injunction dissolved.
In tho mean time stringent orders have
been Issued to the pickets to allow
mono to enter Memphis who have never had the
fever FArmers attempting to bring in loose cotton
will be stopped at the line. warned of the danger in
Cured by entering tho city. and memorandum
will be kept of the number Of bags Of cotton they
hava md IN ,hatU
practically kill the effect of the injunction.
PROGRESS THE sCouRaE.
Ten new cases were reported to the Board of
Health to-day three Of the sick being colored. The
following the whtes:-
A. Salainson, aged 35. No. 1T Exchange street.
Alice Rotwett, aged "a. No. Is Pontotoc street.
Il. s. Lawrence aged ~. No. 4s0 Main street.
Maggie Graham aged H. corner of Sixth and
Walker streets.
p s. Simonds, aged 4s, No. 107 Third street.
John W. Rudd, aged 2s No. 431 Shelby street.
Alfred Watkins, aged Is. No. 4sl Shelby street.
In addition to these the following whites were
furnished with nurses by the Howards:-
Toney Praggie. aged 3, No. 54 Main street.
A. NJ Rodgers, aged 3O Greenlow street.
John Stinette. aged so. IS Third street.
The death roll includes the following whites:-
l.. ROSS. aged S5. Greentree House.
H. D. BKACKEN, aged 26. City Hospital.
A. sALAMSON, aged 26. No. III Exchange street.
MARK NJ. ORYAN, aged 26. whitemore House.
CHARLES WARDEN, aged 3s, No. 2l2 Second
street.
FRED RARpMAN. aged "a. No. 244 Washington
street.
MoLLIE PICKETT (colored). aged %. corner of
Fourth and Sycamore streets.
BILLY WILLIAMSON (colored). aged 40, Rayburn
avenue.