davidaulloa/AmericanStories huggingface dataset:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
MEMPHIS APPEAL
THURSDAY. JANUARY 10. 1889
INCREASED WEALTH AND POPULa.


IT is pleasant to read, as one does now
frequently, of the improvement going on in
every one of the Southern States and Of the
rapid advance they are making in popula-
tion and wealth. Florida for ten years past
has been making unex ampled strides. San
ford, in Orange county, had grown from the
little village of six dwellings and a postofice
of six years ago to a large and prosperous
town, with numerous fine business houses,
elegant hotels and handsome private resi-
dences. Maitland and Orlando, In the
same county, have in a few years grown
into large and fourishing towns Hun
dreds of orange groves relieve the mono
tony of the once unbroken forests Of the
pine. Thickly-settled neighborhoods have
sprung into existence on every side and the
howl Of the wolf is replaced by the ringing
OF the settlers ak. In our own State the
growth has in many places been even more
marked. The Knoxville Tribune claims
"that East Tennessee is new country,
section, as it we're, just discovered" During
the year 1881 the population OF Knoxville
has been increased in unprecedented num-
bers. Capital has been invested and new
forces have crystallized TO relieve the people
from the old ruts. The coal, iron, marble
and other minerals which fill the mountains
are sending forth untold wealth. The
Tribune says "the fruit crop alone has
brought more money into the hands
OF the people than was ever before
realized IN one year in East Tennessee from
all the products of The soil combined"
Manufactures are going up on all sides, and
the great mountains and beautiful valleys of
the most picturesque part OF the State echo
the glad notes of constant, unfagging and
inteiligently guided labor. Beside her pres
eDt railroad connections, it is positively
stated that by April next the North Carolina
connection across the old Sandy Mountains
and the Blue Ridge will be completed, and
through trains will be running from Knox
vile direct to Charleston and other points
on the South Atlantic. Within six months
the Knoxville and Ohio will be completed,
affor0iug short and direct connection with
Louisville and Cincinnati. Work is pro-
crossing on the Knoxville and Augusta (Ga.)
road, and a continuation of the Emory Gap
road, which is to tap the Cincinnati South
ern, forty miles from Knoxville, will
insure direct Western connection with
Nashville, Memphis and other points on and
west of the Mississippi. The old con-
servatism is broken up. The energies of the
intelligent descendants of the old pioneers Of
Tennessee have been aroused, and the people
are advancing to sffluence and leaving the
degrading cry OF poverty" far behind.
Tennessee was never at any period in her
history in nearly SO excellent condition as
she is now. The facts and figures are all
against the croakers, the demagogues and
the corrupt rings which would drag her
through the mire of reputation and dis
grace her forever.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

ACCORDING to the census of 1880, Edgefeld
county, South Carolina, the center of the
new immigration movement, contained a
population OF forty-five thousand eight hun
dred and forty-six. No county in the State
yields larger cotton crop-thirty- -four
thousand nine hundred and seven bales. Its
area is seven hundred and sixty eight thous-
and acres, and its valuation can scarcely
fall much, if any, short OF $10,O00,00O.
Property has advanced in value until lands
in what is called the ridge section, which
extends from the Lexington boundary at
least as far as Trenton, were considered
worth $50 to $50 per acre-from two to
twenty times their value before the war,
proving the value of free over slave labor
and an assurance to the planters that negro
labor is the most desirable for that section of
the country.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
APPEAL-THURSDAY. JANUARY-

city last night under somewhat peculiar cir
cumstances. His hat and ulster were found
on the deck of one of the ferryboats plying
between Detroit and Windsor. lie had paid
his bill at the hotel, and announced his in
tention of leaving town by the evening train.
Whether he jumped into the river from the
ferry, or whether this appearance was 10
raise a ruse to cover his disappearance for
sinister reasons, Is what divide opinions
hereabouts. He had the appearance of a
quiet, straightforward person. He has q
wife at Osnoda
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
THE 1908 CASE
Before the State Supreme COurt-John
]. Yertrees Opens for the Com
plainants in a Lengthy
Argument,
In the Course OF Which He States the
Leading Points on Which They
Ask for a Favorable
Decision.

The Nashville Banner, in its report OF the
1908 case, now before the supreme court,
says that, on opening the court, Judge A S.
Marks said there was a difference between
counsel as to opening and closing the argu-
ments, which they desired TO leave to
the court to decide. He said he wanted the
records to show that no motion was made to
dismiss the bill. Upon consultation, Judge
Deaderick said that the complainants were
entitled to the opening and closing.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
An Exnen.ixe LuxnrI.

CINCINNATI, January 1s.-The sale by auc-
ton Of the choice of season tickets to the
opera festival to be given in the Music Hall
February 18th to 18th, under the auspices OF
the College of Music, began this forenoon
and produced unexpected results. -Four pro-
scenium boxes, seating six persons each, sold
for 500; the other two for S1S5. Five hum
bred and seventy-one seats were sold at an
average premium of SI5. This is in addition
to the regular price Of the season ticket. The
total sales to noon amount TO over $4,000.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
Am Ina,.n Ro..,ea TO pe.lh.

Little Rock special says: "a prominent
Delaware Indian, named 'Run-About-Six.
while hunting in Delaware district, 10 the
Indian Nation. with three other Indians, got
drunk, and along with his companions lay
down to sleep by fire in large heap Of
logs. One Of the logs in the night rolled
on 'Run-About-si1' and roasted him to
DEATH
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

Just as Scoville was about TO resume his
argument Guiteau broke ont with consider
able vehemence, and shouted, Something
has been said here about politics, and 1 want
to talk a little about politics too. There are
two or three crank newspapers in the coun-
try, to-wit: Reid's New York Tribune,
MedilPs Chicago Tribune, Halstead's Cincin-
natl Commercial and also George William
Curtis, the man milliner OF New York. The
weather has been getting cool lately, and
those fellows had better lie off under trees
and cool off little. The only cranks in
the country are those fellows. They had
better Join the Grant Guiteau-Arthur COM
bination and get into good company, and
become good Republicans" A few minutes
later the prisoner, who had been looking over
the New York papers. called out: 81 see
the New York Court of Appeals have just
decided in favor of our theory on the insanity
question. l thak you, Messrs. Judges"
Scoville discussed the conduct and actions
of Guiteau at the time and Immediately after
the shooting, and contended that they were
entirely in keeping with the theory of in
sanity. That his GOODNESS, his quietly going
to bed and peacefully sleeping the night after
the murder were characteristic incidents OF
crime such would be expected of insane
men and insane men only.
Guiteau called out: 81 have never had
any conception of his removal as murder.
My mind is perfect blank on that ques-
ton"
Scoyille read from the evidence of General
REYNOLDS what Guiteau had said to him
(Reynolds) in Jail, that when his reasons
were known to the people they would acquit
him without trial, and he should then go to
Europe for year or two.
Guiteau-Al l have got to say about that
is that | never said il.
Scoville continued: "And this, gentlemen,
is the evidence offered yoa by the prosecu-
ton. | want you to take into consideration
the monstrous absurdity of such a PROPOSE
ton coming from a sane man, as they would
have you believe he is; that he could kill the
President of the L nited States and then by
simply giving his reason could go free with
out trial"
Scoviile alluded to Guiteau's remark when
told by General Reynolds that Arthur and
Conkling and other stalwarts detested him
and abhorred his crime
Guiteau interrupted, saying: 81 did not
say any such thing. When he spoke of
Conkling and Arthur, it was on the 4th OF
July; these men are mysfriends to-day, and
don't you forget it."
ScovilIe continued with the review of the
evidence, and called attention to various in
cidents in Guiteau's life arguing his insanity,
as evidenced by the undoubted lack Of some
thing in his mental composition.
Guiteau called out, sarcastically: Give
them that dog story; it cost Corkhill $500
10 get it here."
Scoville continued 10 speak until 8 o'clock,
when the court adjourned until tomorrow.
He will probably occupy the greater part OF
another day.
The counsel for the defense will, if per-
mitted BY the Court, argue the question of
permitting Guiteau TO address the jury.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
Tae Attorneys ON Both sides.

The following attorneys will represent the
different sides in the argument, the CON-
plainants opening and concluding, as men-
TONED in the bill. For the low-tax, Messrs.
Champion. David Campbell, y. n. Cox,
George CAN'T, A. S. Marks. For the state
credit side, Messrs. Bright, Z. McPhaiI
Smith. Spiral HILL, Ed. Baxter, William
Smith and Thomas II. Malone.
The following order OF speaking has been
arranged by the attorneys for the present
subject to be changed: ]. J. Vertrees, -
Bright, E. T. TalIiaferro, r. McPhail Smith,
S. A. Champion, Spiral Hill, David Camp
William Smith, A S. Marks, Thomas II. Ma
lone, Henry Craft.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

The pulpit has opened upon stock gam
bling, but with doubtful results. What it
should open upon, and what all business
men should steadily make war upon until it
is suppressed, is the operations in futures"
which robs the producer and damages every
branch of trade OF which it proposes to be
mart
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
THE TAXPAYERS

not compelled in the name of the State. The
State may have the right; maintain that the
taxpayers also have the right The right of the
Slate to prosecute the criminal does not prevent
the individual from having civil redress against
the individual and being compensated in damages
On the fourth and last p: OPPOSITION he argues that
the State itself cannot be sued, but an officer of
the State can, and making the officers parties is
not suit against the State. An officer cannot be
sued to compel him to perform an act of sovereign
ty nor can he be sued TO reach funds in the treas
ury. These the exceptions to the proposition
that officer be sued An officer cannot be
compelled by prohbtory acts hence it follows that
he cannot be compelled by discretionary acts. The
suit here instead of reaching the funds OF the
State does not reach the State at all. 1t does not
seek to compel the State to do anything, nor retain
her from doing anything, but IL SEEKS 10 protect
the funds of the State. This court has entertained
several suits against officers of the State. Three
or four against the comptroller and other officers
The decisions OF the court show that suits may be
maintained against the officer of the State, pro-
vided 1t is not to reach the funds of the state.
We argue that this Funding Board are not officers
OF the stare at all. There are certain duties i'm
posed upon the board as a board, while there are
certain duties imposed on the governor and score
tary, officers of the State, board they are to
appoint the officials but the persons constituting
the official is just the same as If the act had ap
pointed any three gentlemen in this house TO at
lend to the duties. The appointing OF the men
named. is to prevent trouble in the case of death
and resignation
The court adjourned until tomorrow morn
ing at half-past 8, when Mr.. Vertrees will
finish his argument
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

but when owners and managers of railroads
are made to pay for their caTelessness or in
competency, or indicted for granddaughter,
there will he a change for the better.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
THE ASHLAND HURDERERs.
Ellis Closely CrOss-Examined, but His
Testimony Remains Uashaiep.

CATLETTsBURe, KY, January 1S.-The
court was late in converting this morning.
Ellis was placed on the stand and the cross
examination resumed He spoke loud and
clearly. Neal, the prisoner, was very talka-
i've and frequently prompted his counsel.
Ellis was asked by the counsel If a private
conversation could be told in court which
Ellis, Wise and the counsel had some days
ago. Ellis said not yet. Ellis was told TO
face the jury and state if he was not lying
throughout. He looked the jury square in
the face and stated with unusual emphasis
that he believed in God and expect to an
swer for his statements, and then declared
positively that Neal and Craft were the per-
sons, without possibility of mistake, who
committed the murder. The counsel read
the additional confession to Ellis, as made in
the Jail in Maysyille, and the witness stuck
to it closely. Brown is making the cross
examination searching, which is still in pro-
gress, but Ellis does not waver from his first
All the other witnesses are strict
ly prohibited from the room during the ex-
animation OF Ellis. The courtroom is
packed with a more intelligent audience
than heretofore. The interest is growing.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
ACKNOWLEDGEMENTS.

DErRoIT, January 1s.-A young man,
named S. II. Higgins, recently in business at
O.coda, this State, DISAPPEARED from this
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

Duly one year. NEUTRALITY-SUSPICIOUS.. $40 90
Weakly. ..........-.... -..... / 90
III communion tons should be addressed 10
GALA WAY e. HEATING,
Memphis. Tennessee.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

The session this afternoon was the most
interesting of the term, as the people were
duced against Neal outside of the confession
of Ellis. DIR. Martin, of Ashland, and other
medical men were examined and testified as
to the bodies having been outraged and the
nature of the wounds causing death. The
crowbar and ak vera identified Mrs.
Thomas, mother Of one Of the murdered
girls, also testified. The testimony was all
corroborative of Ellis's confession, and points
directly to its truthtulness. Neal was rest
less and uneasy all afternoon.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
A sTATE MAY MAKE A CONTRACT

running over two years, but appropriation 10 pay
that contract is different thing. The act is un-
constitutional. No bill shall become a law " hich
does not embrace in its caption the subject which
composes the bill. The caption says to compromise
and settle the debt. While the bill not only set
Ties the debt but settles future Indebtedness that
not in existence now ii lets holders of coupons
settle their debt the State that will accrue here
after by paying the coupons. II the act be not
void but yoidabe it Is obvious that by the injune
ton the interest of the taxpayers will be pro-
tected and multiplicity of suits will be prevent
ed. The question then arises, are taxpay-
ers the proper persons to bring the suit? Are not
the men who bear the burdens the proper persons
TO cry aloud2 We insist they are. II the proposed
contract is incapable of being executed by both
partes-if the future interests are TO be infinged
upon, the power of this court Is invoked to stop it.
II the taxpayers of a municipality have the right
TO enJoin the corporation from appropriating their
funds uneonstitutionally and fraudulently, why
then cannot the taxpayers have the State stopped
from frauduently disposing of their funds or from
entering into or concentrating a contract that
ind HON q
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

EVERYBODY is using Browns Iron Bitters,
and everybody is astonished at is many marvel
ous eures where all Others have Jailed.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

Municipal legislation is q rule of action made by
the sovereignty, whereby individuals governed
and society protected. The latter or contractual
legislation is where the State may lay aside its
sovereignty and contract with private person.
And when it does this, II is like private person
can be repealed at will, but contractual cannot.
Mr. Vertrees then read various decisions where the
State laid aside its sovereignty and traded an
and can be inquired into i'll contracts between in
dividuals, and remedy given, it follows that the
State. being placed in the position of private in
vidual, remedy also be given, for whatever
frauds create justice will destroy.
The power 10 rescind and impair fra udulent
contracts by the courts has existed from time
immemorial The different kinds of legislation
been considered, motives may be dis
tinguished. The suficieney is one thing and its
integrity another. Electors may vote for q candi-
date because he is a fell0w-countryman or a mem
Der of the church. These are sufficient for his
promotion, but they not corrupt, and his
election would be valid. But ii elections were
moved by brides the election would be void.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19

Making coupons receivable for taxes, he said that
it was snbyersive OF all free government. \ CEN
tralist wants to get the seepter into his hand
the federaIist, the power to vest in the people.
public debt is not ike private one. II immi-
grants come here and become citizens they become
liable like citizens who were here when the debt
accrued, The Obligation OF State to pay debt
depends upon the ability OF State pay the debt
The manner Of the payment of a debt is by tax
il is upon taxation they have to depend. No State
is under moral or legal obligation 10 levy exces-
siye taxation TO pay its debts. Here Mr.. Nertrees
showed the action of several States, where they
had scaled their Indebtedness. We contend that
the coupon feature prevents the State from con
trolling her debt, and secondly, il prevents the
State from controlling her revenue. Should the
taxpayers wait until bonds are issued and
another contract within the meaning of the con-
binds them for ninety nine years. This irrevo-
cable feature lets the people OF this century con-
troll the government OF the next century. The
government has current expenses, and this must
be paid by revenues. These expenses are indis-
pensable and when any act depriyes the State from
controlling the revenues, il is unconstitutional
and v6id- All current expenses depend upon a
biennial appropriation But this coupon feature
goes on and binds me State for ninety-nine years
the current expenses IN check until the interest ON
the debt is paid. 1t appropriates the first fruits of
the revenue, possibly for ninety-nine years. War
and pest1lence viii come, according TO estimate
OF history, and thus the State making other
penses yet the coupon feature makes this contract
lrrepealable and binds the State, makes differ
ence what expense from war may accrue in the
future This is not only an irrepealable appropri
alton, but preferential appropriation for cen
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
Mr.. verfrees Opened the Argument.

He said that in the lower court the chan
ceIlor dismissed the bill on his own motion, and
the case stands here on its own motion TO be dis
missed for want of equity its face, and in such
cases the generality OF the pleGdings viii not be
considered We contend the bill shows the follow
ing equities Ii shows that the bonds were lille
gally issued, and without consideration; part OF
the debt unjust: at that time TenneSsse was
rich the came and she was impoverished: she
has been materially crippled and paralyzed, and
cannot pay it, These two considerations show the
equities. The bondhOlders submitted 10 the COM
mission the proposition of coo The commission
submitted that would not be acceptable TO the
State. They made another proposition-J06;
this was rejected Then the legislature
of 1879 offered TO pay at SOL provided ii was sub
mitted to the people. This was rejected by the
people. Then came the legislature of ISL The
canvass previous to this term showed difference
and split in the Democratic party Whatever diff
ference there was between the party, all of them
agreed that the public debt ought to be abated at
least forty cents. All creditors also agreed that
such reduction fair and just between them
and the debtors. The reduction not alone
pertaining to the debt, but to the condition OF the
State, thus constituting the equity.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19


Mr.. Nertrees then read the bill, reading the
names of senators voting against the bill on Fri
day, and on Monday Mr. L. T. Smith changed over
and voted for the bill; reading that he changed
because he was bribed and it also states that Mr.
Smith himself admitted he had been offered SIS OOC
10 vote for it.
Judge Ewing said that If it is insisted that the
bill charged this, il could be argued, but not from
any personal considerations
Mr. Nertrees said that the bill charged him, and
he not charging that he (Vertrees) charged Mr..
Smith, He will endeavor to sustain the following
PROPOSITIONS two OF which pertain 10 the merits OF
the case:
First-That legislation, which Is not municipal,
used in Blackstonian sense, but contractual
merely, could be invalidated by fraud like other
contracts.
Second-That the third section OF the funding
act OF 1881, making coupons receivable for taxes
for ninety-nine years, is unconstitutional and
void.
Third-The compliments, as resident Taxpayers
OF the State, are entitled to bring this suit.
Fourth-This is not suit against the State.
On the first he alluded to the case OF Fletcher
Peck of Georgia, and Wright rs. Rose of In
diana; all of these prohibiting courts from in
quiring into legislative acts for fraud. He drew
the distinction that these where the question
brought up in q collateral way between indi-
viduals. and not in direct way like the present
case There is difference between
MUNICIPAL AND CONTRACTUAL LEGISLA.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-19
THE PEOPLE OF TENNESSEE, IRRESPECTIVE

declared before in questions that + ad been sub
mitted TO them. that they were opposed to making
coupons receivable for taxes. The bill shows that
some senators voted for the bill that had even
pledged themselves in their canvass not to support
such measure. Notwithstanding all this, the bill
alleges the legislature passed Dill to settle the
debt at par, and in the face of this this bill is
brought The bill shows that parties combined
for the purpose OF bribing certain senator's That
senator is charged in the bill of receiving
$4,000 another OF 5000, and another $1,000.
That being conscience-stricken, returned the
money The bill charges Senator Barrett of $40 600;
Morgan, 5000. The senator who is said TO have
received SIS 600 was l. I. Smith, of Fentress.
The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1882-09-20
Walnut Leaf Hair Restorer.

1t is entirely different from all
others. 1t is as clear as water, and,
as its name indicates, is perfect Veg
etable Hair Restorer. 1t will imme-
diatelY free the head from all dan.
druff, restore gray hair to its natural
color, and produce a new growth
where it has fallen off. It does not in
any manner affect the health, which
Sulpher, Sugar of Lead, and Nitrate
of Silver preparations have done. 1t
will change light OF faded hair in
few days to beautiful glossy brown.
Ask your druggist for it. Each bottle
is warranted. SMITH, KLINE &
CO., Wholesale Agents, Philadelphia,
and G.. N. CRITTENTON, New
York. julyl4-82.