The Tennessean from Nashville, Tennessee • 5

5 10 41-L4iA411411v i1414 ItalWAY MOILNI40 MAY 25 1885 latn Oft Me Au 16A A a 0 dl SJ 10 £4 J1 Am am --molopoloonnomm FANCY DRY GOODS I FANCY DRY GOODS I NOT USURIOU3 OR ILLEGAL BASEBALL BARR HALL menemessermemement CRAB ORCHARD WATT VE0 ENTRAT ED 03- JRG141111) 0-7---uu3 1:11 IRGW) CRAB ORCITARD WATT I Alfred Jean logs of Clocisoatt to Umpire the Games -Au mu Lifted Jenniege of Chic Ismail to Umpire the Nashville-Admit I- 4) le The Supreme Court Decision In the Building and Loan Associations 4 A Traistetlea Between Assoeloilsa sat Ito Members situ a Loss of None sat The Supreme Court I In the Balding and 4t1110 clations A Transaction Between tween partners Or pentane engaged hi A joint venture it will not be usury Wiliam vs Moors I Hume 468 The principal is put at hazard by being snide to depend upon a contingent (meet is in the case of bottorory and respondent's or loans or "mamba bonds in which cases the stipulation for the payment of extra interest is not usury 2 Pare on Con 415 Thorndike va Stone 11 Pick 183 Delano va 6 Wild Allen 1 Our tionelusion is that the contracts under consideration were authorixed by the act of the Legislature under which the defendant immolation was organised and are not usurious The Chatioellor's decree must be re versed and the Association may take a decree under the agreement in the record for the enforoement of the ()entracte with the costa of the canes upon the pnnciples settled by this decision Cootie (i'r Pe lass sogaged hi Note from the Gaines at Memphis sad Elsewhere Yrs New League Umpires -11- 0--- hero Yes Kole from the Gaines at Memphis aad Elsewhere Yes tarday-Ebe New League Umpires 4 lloulling Goods A SPECIALTY The most Complete Assortment of I ItIU101111lla tiuuus if No A SpEculint 40 1 s4 -rmAoty ohlAotocl -4- t31 WATErt The most Complete Assortment of 1 1101111ffing Goods A SPECIALTY 4 I TODAT'S oAint Atlanta at Subville 1 1 I 1 1 The Great Renovator' USED RECOMMENDED AND END0ED BY PHYsikliANs ALL OVER THE WORLD THE ONLY REMEDY THAT ACTS ON ALL OP TUE (MEAT OF THE HUMAN BYSTEM 11 IP THE LIVER 1 11 THE KIDNEYS THE STOMACH THE BOWELS The Great Renovator USED RECOMMENDED AND ENDOtNED AY PEIVNIECIANF4 ALL OVKIL FISK UNIVERSITY MOURNING Dress Goods ENGLISH1CREPES GRAY DRESS GOODS MOURNING The Religions Borvieos of Tostorday ormolus by Prot Bennett and rrooldont to th Grodu 8VRE--8Alt-SPIEDY0- Femmes tho Combined Medicinal Tire tom of All Vas Famous Nat AND ural Waters eONSTIPATIOW SICK4INADACHR MM PEESIA are promptly cured by it We control all the products of th tie faincus springs both Salts and Water All genuine protpara lions bear the "Crab Apple" Trade-mark en the labels Get the genuine Crab Apple brand Concentrated Water 35 cents: Genuine Salts in staled packages at 10 cents iind 25 cents each CRAB ORCHARD WATER CO Prop'rs SIMON JONES Wallascc de27 sadly Is I 1 6 4 1 4 a Hourninm Noyellies Ever exhibited in this city IIENMETLI' CLOTHS! cif our own IshoortatIon order ''Just Received! GINSENG' A full assortreent of White Nun's Vetting Mabatros Cashmere Class is Eto Eta '411 1 '7 i 1 0 1 4 i rt i -I I -si" awe The religious services of the Sunday of the closing week of Fisk University were opened yesterday bye sermon from Prof Bennett putor of the University March at 11 o'clock The text was I Chronicles "Arise therefore and be doing and the Lord be with thee" The points made prominent were: Every one should have some definite elm in life 2 He should prepare himself for it 3 He should stick to It The latter part of the discourse was spent in recommending the ministry to those who were about to graduate from the Univereity THI BACHALAUBIATI At 3 o'clock the Chapel ofiLivingstone wee comfortably filled with an audience gathered to listen to the baccalaureate sermon of President Cravath The chapel was beautifully decorated with a profusion Of flowers on tables and brackets On the wall back of the stand was stretched along the motto of the class Pads Retrorsum" wrought out in leaves of myrtle The Mozart Society opened with singing 'tale is Blessed that Cometh" The scriptures were read and prayer was offered by Prof Chase Ptesident Cravath took for his text Phil IL 14 15 16 new vemion The picture in the late art exhibition "The universal attention The solitary peak standing in its gloom and grandeur was described by the preacher in glowing words This peak must be understood in the light of snrrounding scenery 'So it is in the history of human events and The text is appropriate to any clam of any time To understand the text we must understand the writer comprehend his plane respecting the kingdom of Christ Paul the writer had frought for thirty years in defending Christianity He had passed through all phases of experience and was at the time of writing a prisoner at Rome His stay at Rome greatly strengthened the church During his stay be had written epistles to the different churches These letters contain instruction for aft 1 The Christians of that day were lights in the world 2 The Saints of Phillippi were called upon to shine in the midst of a wicked generation 3 The Apostle tells them how they may shine They must be blameless and worthy of God's children harmless sincere they are to do all things without murmuring The children of God must have like mind with Christ in all things 4 The Apostle appeals to the Philippians that he may have joy in them by their Godly lives The Best Brands of imported Silks An Inspection Is Solicited IttlAyoman Co BEST MARKET FOR I MINERAL WATER wusrr EINTI) I GINSENG IS 307 North 2 (1 Stet St: Loa Adaw AMA NEN AMA allt Elm Ataaa MINERAL SULPHUR WATER NET PRICES No Commissions Deducted CASH ON RECEIPT OF GOODS HENRY LINNEVAN NEVAN my7 04 Sat incurred by the advancements I asonaly with the prescribed contionince of the periodical contributions of the members is periodical gontribu Lions being so calculated as to aniount in the aggregate at compound interest to the Imo of all the shares as agreed at the formation of the society sad fixed -by the charter within the period allowed for the anticipated duration of the Association after deducting the necessary expenses of the business Endlich on Building sec 39 These associations like those for the insurance of property and lives are founded on mathematical "Their fundamental idea" says the Suprema Court of New Jemey "iethat oue who bas the privilege of paying money' advanced to him in smalltime monthly can in tionsequence of the slight strain the payment snakes on his resources each month pay a large per cent for the use of thatmoney and the whole scheme is based upon fairnessand agility to all parties" Franklin Building Association vs March 8 Dutch 225 The premium bid by a borrowing member says Mr End-lush is the conventional difference between the par value of the share advanced and the amount itctually recelyed by the borrower It is not therefore a cash payment which he is obliged to make uppn obtaining his preference nor can it properly be said to be deduotion made at the time from any money belonging to him What the Association mils is the right of anticipating the Iliad value of the share by receiying what in the borrower's opinion may presently be equal to that future dietdend The difference between thsee two values the premium the member promises to make up in raising his share for the benefit of all the members of the society to its par value When that is accomplished the society absorbs the whole and then only is the premium paid DUI on Build Ass 888 890 Watkins Workingmen's Bnildin and Loan Association 97 Pa St Olt The borrowing member continues to be a member and shares in its profits The advantage of borrowing from the Aseociation Outside of the facilities offered for the gradual discharge of the indebtedness constituting the consideration for the premium arises largely from the uncertainty as to the precise amount the borrower will be obliged to lay out in the eventual return of the loan II the society is successful it may be on the whole a sum much inferior to the lace of the obligation and very slightly if at all in excess of the smoubt actually received with interest The transaction of an advancement partakes both of the character of a loan and of a dealing in partnership funds either element giving its color to the transaction accordingly as the form substance and results of the same are or are not within the intention and protectiop of legislative enactment End sec 857 In England the courts have held both in the case of voluntary associations end associations organized under act of Par that the transaction of an advance of money to a member upon a premium bid is not a kan of money but a dealing with the partnership or joint fond and therefore not usurious Silver's vs Barnes 8 Scott 300 Burbridgevs Cotton 8 Eng it Eq 57 Seagrove vs Pope 1 De 783 Building Society 12 Eq 516 In Seagrove vs Pope Lord Chancellor Trait notwith- standing the language of the Society's rules which like our act of 1875 and the rules of the company before us treated the advance as a loan held in an elabo- rateopinion that the transaction was not a loan but a participatory payment by way of discount of the shares the members would otherwise be entitled to claim payment of' at the termination of the society The English rule of decision has been followed in New Jersey and other states And the Supreme Court of New Jersey held that the principle declared in relation to voluntary associations would equally apply to incorporated associations Clarksville Building Associations vs Stephens 11 0'E Green 851 The relalion of the membets of both classes of associations as between themselves being the same the purposes and mode otoperation of both classes being 'similar and the funds paid in for the benefit of all it is difficult to see why the principle should not equally apply to both The corporation and its officers in the case of chartered associations are only the means of doing the same thing and accomplishing the same ends which are done and attained by the firm and its managers in the other case precisely the same working force is required in each If however the intervention of the corporate entity operates to take the case out of the general rule of the Eaglish cases a large majority of the Amer- lean court have held the contract under consideration not usurious partly upon the ground that it amounted to a purchase or redemption of the stock by the Association and because the paymen hi th the uncertainty tame' ty ie pal of the advance treated as a loan is put at hazard Delano vs Wild 6 Ian "We take it" Bays the Supreme Court of the District of Columbia in a recent ease identscal in principle with the one before me "that usury is involved only when there Is an absolute undertaking binding the person to pay back the principal of the loan and either by contract or some artifice to pay usurious interest Here there is no undertaking at all to repay the principal of this loan The undertaking is to pay $2 a month on this stock $1 of which is admitted Is payable as dues and the other as a contribution to the profits upon the stock Butthe undertaking Is not to continue for any specific length of time Its performance may continue I longer or shorter period and if all the borrowers or pkrties upon whose stock money is advanced or loaned keep their promises the period is shortened because Just go much sooner does the time arrive when the profits on the stock amount to the stipulated sum To the extent that the period le shortened by the performance of the contract the amount to be paid is reduced and the borrower receives in that way the benefit of his pay-meats There are two elements therefore for consideration The borrower takes in one case a part of the benefit in the execution of the contract not because the proceeds are distributed to him but by shortenft the perioddurlog which he shall pay The other is that the form of the contract does not oblige him to continue paying for any specific length of time and does not amount in itself therefore to an undertaking to pay the advance It may happen that he may be discharged from the obligation to continue these payments before be shall have paid back the principal and the legal interest The probability may be the other way' but the undertaking does' not make it so The result then is that the contract is not usurious" Burns vs Metropolitan Building Association Nov 10 1884 The transaction between the Association and one of its members upon an advance on stock is not in fact a loan of money although so called in the actof the Legialatuie and in the constitution of the Assoziationand even in the instruments executed in the completion of the contract- It lain substance a gale by the member to the company of his executed dividend on his subscription at the winding up of the Association for a money advance be agreeing to continue to pay his dues on the stock subscribed and to pay in addition upon the par value of the stock monthly installments equivalent to 6 per cent interest on that value until the accumulation of the Association shall enable it tq pay or settle all the stock of the same series at par There is no contract to pay the same at all which is essential to constitute usury In the loan of money Delano vs Wild 8 Allen 1 If a percentage per annum be adopted as an easy mode of adjusting profits upon a settlement be oujnaqt15 pawaa utevia EVIelacIALWall UC I cannotbe collected from ths complainant or bar property 8 The charter of the deffindent two-elation requiring that the premium gaud by borrowing stockholders for the prefer-ones or priority of loan shall be paid before the loan is consummated makes the loan to Jails A Chestier as albuilding association oontract void for the loaa was not made as prescribed by the charter the premium not having been paid before Um loan was oonsummated but deducted from the amount thereof the law and darts requiring in such cases a strict conformity with statutory The contract is not protected by the charter but becomes one of simple borrowing 8 In no avant can the association Interest on the premiums charged because by the charter the premium is not entered its the an but paid before the loan is oonsunsmatbd All these propositions turn upon the letter of the general act of incorporatioa sod depend for their cogency upon the conclusions we may come to upon the substance of the litigation The find and third cosy ha considered together for they both present the issue of usury The second point is not sustained by the fame for the premium was paid or deducted before the loan wasoonsummated and in that view the nroposition is re solved into the first and third That in to say did the retention of the premium and receiving monthly payments on the whole sum bid oft in the form of in-tenet make the transaction usurious? The sole issue in reality is usury or no And here it may he conceded at once that if the withstand of the traneaction be a mere loan of money for a bonus the contract would be usurious The State Constitution expreesly provides "the Legislature shall fix the rate of interest and the rate so established shall be equal and uniform throughout the State" Constitution article xi section 70 Consequently the Legislature cannot grant to a corporation or class of corporation the right to charge a higher rate of Interest than the rate fixed by the general law diftlaury vs liotel Company 12 Heisk 104 It may also be conceded that I the facts med out the case of a fraudulent and corrupt device to avoid the statute of usury under the pretend of legislative authority the complairell would be entilled to relief There are no such facts in this case the particular transtotion being in strict accord with the authority conferred by the charter and the idea that the Legislature intended to create a corrupt device to avoid the usury laws cannot of course be entertained The question is therefore narrowed down to the point whether what was done under legislative authority is nevertheless illegal because in violation of an express provision of the Constitution The Association byldts contract with its borrowing member requires security by note and trust deed for the payment of monthly dues equivalent to the interest at the rate ef 8 per cents per annum on the whole amount offered and bid off until the accumulation of funds would brit all the shares up to pu and the Association paid over to its members by satisfying his indebtedness to that extent the net sum left after deducting the bonus bid from the amount offered and bid TMis contract is authorized bf the act of the the money In the treasury to be offered for loan to the stockholderorho will bid the highest premium for the preference on primity proceeds thus: "In case of non-payment of installments of interest by borrowing member for the period of six months payment of principal and interest without deducting the premium paid on interest thereon may to et breed by pros reading against their securities according to the terms of the contract under which the same were pledged The premium bid by a borrowing stockholder for preference or priority of loan shall be paid before the loan is consummated not as a part of the loan hot as interest but as a meane of determining which one of the stockholders shall receive the loan whenever there are a number of stockholders who may simultaneously desire to effect a The plain meaning is that the premium shall not be taken into the account in determining the installment on interest to be paid on the amount paid off" but the payment of each installment on interest may be enforced "by proceeding on the securities according to the terms of the contract 'under which the same were pledged" The terms of the contract are that the payment of installments on interest shall continue until the stock of the particular eeries reaches ite par value when se4the constitution of the Ataxia' lion says "all 'securities pledged for loans shall be quit-claimed and satisfied" And the note and deed of trust of the borrowing member which form parts of the same transaction equally embody the contract by stipulaling for the payment of interest on the note as required by the rules regulations and by-laws ofi said association until the meets of said association shall reach the par value of all shares of the stock' taken or until the member ceases to- be a stockholder" And the proceeds of sale under the trust if a sale be made are to be applied to the satisfaction of the debt as hereinbefore set forth "that is to say to the satisfaction of the installment or interest on the loan for the period of the estimated life of the Association The constitution of the Aesociation makes this plain by another provision as follows: "AU claims for dues Intermit fines 1 expenses and pen-allies shall! be held as a lien against the stock of delinquent members and when there are six months" dues remaining lonpaid the stock shall be declared for-felted and revert to the Association pro vided the holder of said stock 'shall be entitled to receive the same amount that would be paid to stock withdrawn at the time payments ceased to be niade by all claims held by the Association against said stock" The statute gives the withdrawing stockholder the amount he bas paid into the Association and such proportion of the profits as mots have)been accumulated The borrowing 'stockholder therefore whether he pays or de faults gets the benefit of his payment on stock and loan is never required to pay the principal of the loan and is only held liable for the installments or intereelson the loan during thelife-or esti- mated life of the Association' Is such a contract usurious? I In a Contract for loaning of money be tween individuals if the lender charge and receive a bonus for the loan of money to be repaid with interest whereby the one would pay and the other receive more than the legal rate of Inter eat for the use of the money it would be usury If we treat the advance by a building association to one of its memhere of the anticipated value of his stock as a loanmand the premium bid therefor as a bonus add the installments agreed to be paid on the advance as intereet the analogy between the two transactiona is very striking and a similar conclusion Is to the character of the latter seems to follow of course And the fact that the words loan bonus and interest are used in describing the steps in or the elements of the contract tends to strengthen the analogy It will aid us in distinguishing the two transactions if we consider the latter transaction as a contract between two persons working out a common object for the benefit of all the associates and not in antagonism and if we substitute for the ordinary terminology of a loan the proper words advance premium and installments A building association organized under an act of the Luislature is created for the accumulation from fixed periodical contributions of its shareholdsra or members for the purpose building houses and acquiring or securing homesteads upon terms and under regulations sanctioned by experience and prescribed by the Legislature upon principles of mumbility and equality of benefits and obligations with the effect of graduaV extinguishing the liability 7 I STEAMBOATS Nashville and Kutrawa Semi Weekly Packet For Ashland Clarkrrille Dover Canton and Rock Castle The Steamer HILLMAN" A Roundtree Maker Daniels Clerk Will leave for the above and intermediate points MONDAY May 25 at 12 re sharp For freight or passage apply on board or to GALIA GRIM General Art be Broad iP Telepbone 268 my24 1 Margaret Patterson vs workingmen's Building and Lows Association It appears that this association was regularly organised under the laws of this State and passed the usual by-laws in reference to bidding in loans deeds of trust to secure same monthly payments and the peyments on the stock The complainant to the agreed statement of facts is the only io I child and heir of John Chester de 11 ceased and as such the owner of eight shares of stock in the defendant association originally taken Or subscribed by her mother and of the land congeyed in trust to secure to the association certain dual and liabilities therein mentioned On Feb 5 1878 when $1200 money then on band belonging to the assocti tion was ofiemd for loans in open meet' init II number of members being 0 then present and competing Julie Chester became the successful bidder by bidding for the preference or priority of loan $08 premium on each of six of her shares of stock or 83 per cent on the amount offered aggregating $39s The premium was deducted from the $1200 and the residue of the money paid to her she executing a note at one day for $1200 and making a trust conveyance of realty to secure the Anode- tion as hereinafter mentioned Os April 2 1878 Julia 8 Chester in like manner became the successful bidder for $400 at a premium of 562 on each of her two remaining shares and executed her pote for 2500 and making another trust ilt conveyance of the same realty for the 1 security of the association The first 'loan was applied for to pay off tax and owtaahereepnpcluted mbfraorric to build es obntlhd a realty tealotyemaenndt AI the pr -a eminesnd the second loan to The premiums so bid were among'the highest premiums ever bid by a memberpt the association the pre miums varying from time to time the lowest being $25 a share The bidding were opened and con ducted by the Association under and in pursuance of the ohartet constitution and by-laws of the corporation Julia Chester paid on her shares the monthly dbes and interest $1 on each share as interest on her notes until she had paid the amounts specified in the agreement It is also agreed: "That it is the theory that under the methods adopted by the Association in the loan' fog of Its money and effecting the object of its organization it will work out for Its members the full payment of their stock within a petiod of ten year'' and that the borrowing stockholder pays off his entire indebtedness within the same period and that a large number in the ikinociation have so worked out the pay menta of said loans and stocks" The note given in the first loan was secured by a deed of trust containing stipulations for the sale of the property sin question upon failure to comply with the terros of the loan and to pay amenments Building associations were first sustained by the warts in England as pri- vete individual enterprises and were afterward sanctioned by act of Parlia went They etist in Great Britain and most of her colonies having spread over the continent of Europe and have found favor with the Legislatures and the peo pie of most of the States of this Union There must be something in them which meets a popular want and commends them to the law-making powers That something is not hard to find The idea which first gave rise to their institution which furnishemtheir ostensible raison d'etre and which secured to them their popularity and their in many respects exceptionally favored existence before the law is that of enabling persons belonging to whose earnings Cr small and with whom the slowness of accumulation discourages their efforts to become by a process of gradual say jug either at the end of a certain period or by anticipation of it the owners of homesteads Endlich on Build Asso sec 'I They are another form of the savings bank system with as experience has shown even more safety against loss and with the advantage of allowing the members to anticipate the eventual -profits They have 'labored under the disadvantage of having no well-defined nomenclature applicable to their oder and operations exclusively Facts says Dr Torquesille occur faster than words are invented to donne them The associations were compelled to use words alreadlhaving st well-defined meaning in r1 different sense For the dividends excted to be made when the was closed and the subscription for or those dividends they adopted the words iit stocks and shares For the advance upon the dividends by way of anticipation and the amount which the mem' bars were willing to give out of the final -dividend for preferenoeof an advance the words "loan" and premium or bonus were used The difficulty of the courts has often been to get below these words to the real thing and not be led astray i by them The law-makers have been compelled to adopt the same nomenclature used by the association in draw lug up their constitution and by-laws In one of the early English cases Lord Chancellor Trave had occasion to note the fact in his efforts to properly con- 4( strue the act of Parliament under which the litigant association as or 'Indeed the constitution- and by-laws of the association drawn up under the act and the mortgage taken in the course of the operations of the company "Unfortunately" he says "each of them ia very inaccurately framed with little attention to the consistency of language in the different parts- of them not language using the same words In the same sense never considering the applicability and correctness of the expressions in reference to the subject matter to which they refer" Seagrove vs Pope Da it 783 This remark unfortunately is still applicable to more recent legislation and rules regulations and instruments drafted thereunder and as we shall see I is not altogether amiss as to the case be fore us Over thirty years ago special charters were granted in this State to building associations all drawn on the same model These charters were held vAVollOt to justify the constitution and by4 laws which the association felt author- 3 ized to adopt under them Manton vs Nashville Banding Association 2 Cad 1418 The general law of 1875 under which the existing associations are organ teed does expressly authorize the acts which were held to be illegal in that case and thorefore gives Ass to en entirely different question The law has been in force for ten years and the agreed facts in the case before us ehow that there are eleven associations organized under it in Memphis Our docket shows the existence of similar associations in the city and we know as a matter qf correct his tory that like associationli have been found and are operating in many of the cities and towns in the State The interest involved in any decision we may make is very large and it is our duty in view of these fects to give the whole subject a careful consideration The points made and argued on behalf of the complionaut are: 1 That the loan of money toJulla A Chester the highest bidder in porsu- ance of the charter and by-laws of the defendant company was violation of the interest laws of the State and the pre so charged and received therefor woe invelid sod unlawful and as such '1 I 1 Chattanooga at Memphis 'Augusta at Columbus Macon at Birmingham Today's game will be witnessed by the greatest assembly of people of the season The Atlanta' despite the niany bard things that have been said about them are undoubtedly a very strong team and lead clearly in the race for the pennant being live games ahead of the locals who rank 'second: They come with considerable preatige and will be treated fairly and properly by the audience long as they behave themeelves as all the other visiting clubs have don They will be met by a team that is put forward by the local directors to win for Nuhville the pennant and the two leaders will undoubtedly make a game for 'spectators that will be both interesting and exciting Mr Alfred Jennings of Cincinnati will act as empire He has had years of experience in the position and says that he hopes he will not be confused with Sheridan of Atlanta in public opinion but will be allowed to stand on his own bottom He bas been with ths Union and American atmociations as umpire and wag with the Northwestern League until its disbandment He hal aheady been selected as one of the four official Southern League umpires The Atiantas will arrive this morning at 8 o'clock as will also Crowell Hellman and Marr of the Nashville's The other locals are all here The nine that will play this afternoon will be: Hellman catcher Voss pitcher Sowders first base Kellogg second base Hillery third babe Beard shortstop Werrick left field: Diestel centre field Marr right field Beard and Diestel left Nashville Thurrday evening single men They returned last night both well married The applause as they come to the bat this 'Mir noon will express the congratulations of the audience who hope they will make as good husbands as they are ball players The Atlantis will be the most surprised team in the Southern League this afternoon after the conclusion ot the nine innings if the locals are in any sort of shape for work after the short vacation It Is said that as many people from Atlanta as from Nashville wilr witness the great game this afternoon They will be well treated and will see what Nashville can give in the way of a fair and equate game The amphitheater and everything about the ball park is now complete It is the handsomest and finest in the South and has but few superiors in the whole country Manager Kellogg gives notice that all complimentary tickets issued previous to this date will not be honored by the gatekeepers The game will be called promptly at 4 o'clock Special accommodations will be furnished ladies and they are cordially invited to attend There will be no admission fee charged them linsteras Special to The American Memenis Tnnit May St -There were about 800 people in attendance this afternoon to witness the exhibition game played between the Macon and Memphis base ball clubs Memphis had the game won at the end of the fourth inning when the score stood 7 to 1 but by glaring errors and mufti Macon was permitted to score three runs in the sixth inning and seven runs in the seventh inning which won them the game Stevens and Morrissey were the battery for Macon and Maaran and Schwarts for Memphis James Carr was umpire The following is the score by innings: 1 0 0 0 8 7 0 0-11 1 0 0 0 2 0 9 The Chattanooga nine play Memphis here to-morrow MHz Gann! Sr Loris Mo May 24-St Louts 10 Brooklyn 2 INDIANAPOLIS IND May St-Indian spoils 4 Omaha 1 MILWACKIE May St-Milwaukee 8 Kansas City CLEVILAND OHIO May 240-Cleveland 16: Toledo CINCINNATI Onio May St 8 Athletic 7 Lomsvoze Kt May 24-Louisville 12 TEl NNW LIAGUN 'UNPIN Atlanta Constitution of yesterday The President of the South ern League on yesterday appointed the following staff of league umpires: Al Jennings Ed Cartwright McCue Young Of these umpires Mr Jennings and Mr Young belonged to the Northwestern League last semonand bring the very beet recommendation The latter whose home is in Cleveland Ohio is eepecially recomniended in a strong letter from Mr Francis 0 Richter a high and reputable authority in baseball matters Mr Jennings is well known as one of the best professional umpires in the country Messrs McCue and Cartwright are recommended respectively by Birmingham and Nashville and have demonstrated their ability The umpirms will be assigned to duty in the series of games beginning Monday and ill be provided with printed Instructions from the league profit-) dent No umpire will know the games to which be is assigned until be receive' his telegraphic orders just in time to reach the point at which the game is to be played The uniforms adopted for the umpiris II that of the American Association and consists of blue Rune with white caps The 'President of the League invoked the close attention of the presidents and managers of the clubs to the that series of games umpired under the new pystem and invites a written opinion from each of them as to the efficiency fairness and firmness of the new umpires It is his object to provide a force of umpires that will put at end all between the clubs and all scandals concerning the sport -and all unpleasant scenes on the grounds This he is confident he can do If he can secure the ear- neat and sincere co-operation of the presidents and managers of the various clubs in the league The league umpires had a miating yes terday and passed a resolution requesting the manager of each club to have a marble slab placed in front of the pitcher's box and extending clear across it Tits Plylionth Plaugne WITENNBANR1 PA May St-Seven deaths occurred at Plymouth since bet evening and a number of new cases have been reported this afternoon The hopeful feeling caused by the slight death roll of Thunder and Friday has again given way to despondency the people peeing no end to the plague There are now forty-four patients in the hospital and more will be placed there as soon as accommodations can be furnished The physicians report that there are apparently no cases of the fever anywhere In the county outside of Plymouth and Plymouth township tasurnahln ssed by the Lb season aany hard 'out them I team and the pen lad of the cons' nd will be I the Audi lemselves have don that is put to win for Le two lead-a game for Interesting fincinnati ad years of says that he with Sher pinion but is own hot-Union and aspire and segue until already he four of-umpires morning at I Hellman The other afternoon pitcher Poond base rd short Diestel 'ht field rule Thurrty returned The ant this aftirulations of will make all players most Burro League udon ot the re in any the short from 1r witness Don They see what What Prof Lupton Says VANDERBILT UNIVERSITY CHEMICAL LABORATORY NASHVILLE Feb 22 1884 A Atchison Nashville Tenn Dear Sir: At your request I have made a careful analysis of water Wren from the bored well on Mn Rodeo' lot in West Nashville and find it to contain in solution the following substances: Sodium Lithium Calcium Magnesium Aluminium Iron Sulphur Chlorine Bromine Iodine Sulphuric Acid (8 0 8) Carbonic Acid (C 0 2) and Hydrosulphuric Acid or Bulphuretted hydrogen (H 8 2) The quantative results arranged according to the method usually adopted by chemists are as follows: Grains in 'Pint Potandum 0130 Sodium 9898 Lithium Calcium 0284 Magnesium carbonate---- 0643 Sodium 8284 Sodium sulphide-- 2 046 Caliyittin sulphate 1913 Aluminium and Iron oxides 0009 Bromine trace trace Total num1er grains in 1 pint 15707 Hydrosulphuric acid or sulpburetted hydr0- gen 0720 cubic inches Temperature 600 41 LUPTON This water purifies the blood acts on the liver and kidneys cures dyspepsia chronic diarrhtea gravel Bright's disease female irregularities rheumatism gout and of the skin Its chemical analysis shows therapeutic powers not equalled by any other natural mineral water in the world RATES DELIVERED IN THE CITY One quart daily at 80 cents ter week One-half gallon daily at 500 per week One gallon daily at 750 per week 10 cents per gallon at the well or at I CONQUEST'S Proprietor Car Summer and Demonbreun sic phone No 469 my17 eod2m 1 Cherry Rhea ilsntitLE PADUCAH It CUR 0 MAIL STEAMERS1 1 I I CHERRY Leaves Nuhville every THISDAY at 5 ntkB RHEA A Leaves Nashville every FRIDAY at 5 making close connection at Paducah with boats for the upper Ohio River Connect at Cairo with Anchor Line steamers for St Louis Memphis Vicksburg and New Orleans with Iron Mountain Railroad giving through eta to principal pointa in Texas Kansaa Mts 4 souri Nebraska Arkansm and California BP110111 Inducements offered emigrants NASHVILLE I EVANSVILLE PACKET Steamer IL ORRERY Leaves every TUESDAY lit 5 o'clock Connects at Evansville with boats for Louie ville Cincinnati and Pittsburg with at for Terre Haute Indianspolbt and Chicago For rates or information call on or itddrctis RYMAN Superintendent GAL- eAuxtEIL General Agent 57 Broad Street blasthville Tenn gaft 6117 ti liva A 1 PACKET 11oek re 1 its lot Louis with Eit napolis aud rtt or addretio GAL- 3road Street gle17 tilivfi ENIIMMEMIMMII EDUCATIONAL IANDEEBILT UllYERSITY COMMencement Exercises PUBLIC NOTICES DISSOLUTIQN ADDRISS TO Till GRADOATira At this point the graduating class of fifteen stood President Cravath then in a few chosen words applied the words of the text to them Christianity has become that of the World and has given to it all that is good in it He stood in the name of those who are working for Christ and appealed to the class to give heed to his words: I You are luminaries in the world Your training should make you strong to do good 2 You are to hold forth the word of life not yourselves You are to hold the light for others 3 You tole lights in a crooked and perverse generation You will see more clearly and feel more keenly the Sinfulnese of your people This should stimulate) you to hold up the light a You will be lights only as you are pure and harmless in your lives 5 You must do all things -without murmuring Be not selfish nor self 8 Do these things that we may have joy in you We desire fruit that shall abound to your account I give as your watchword the words of my text The whole sermon was solemn and pressive President Cravath spoke in a fatherly manner that waa full of sympathy At 7:30 o'clock the Focally and etudents assembled to listen to the closing sermou of the day by Rev Stifier president of Roger Williams University Dr Stifier is a fluent and vigorous speaker The following is an outline of his discourse: Text John vii 15: "How knoweth this man letters having never learned?" There is a sense in which Jesus was a learned man The knowledge displayed in his personal teaching was marvelous His knowledge suggesta a relation between the acquisition of Bible truth and intellectual development The study of Bible truth has an intellectual as well as 4 moral side The study of the 131ble puta the student in contact with a pre-eminently skillful living teacher Every sentence which fell from the lips of Jmis is worthy the study of a life-time In the study of books the student is put in contact with thoughts and principles and abstractions In the study of the Bible the student is in contact with living men 2 Bible study leads to Personal knowledge A true education is a leading out Men who study the Bible are lead out of themselves They acquire broader sympathies 8 Bible study leads to intellectual breadth and strength because it leads to the cofisideration of an amazing plan There is no book like the Bible to stimulate thought The Bible is the hook of literature as well as the book of the church Macauly has rightly said: "A person who professes to be a critic in the delicacies of the English language ought to have the Bible at his fingers' ends" To-sight' Oratorical Treat To night at Vanderbilt University will occur the first of the oratorical contests of commencement week tihich are well known for the pleasure and entertainment they afford The contest will be for the Young medal which will spoken for by four of the most eloquent and talented young men connected with the university After the speeches social promenades and gatherings will be indulged in for several hours Dcoration Dar All singers who are willing to assist in the song service at the "Confederate Decoration" on Tuesday 26th are requested to meet at the store of Dorman tit Co at 8 d'clock to-night for a brief rehearsal at whine time announcement will be made in regard to convey-once to Mount OliveL It is told of Senator Mahone that when unarmed he weighs just 110 pounds- IALUILLUCALs LLV IICIKLID JU LAM IA1111(15 Contest for A Green Prize in Biblical and Hymnal Headings 8 o'clock pm Friday May 22 Commencement Sermon Sunday May 21 at 11 o'clock a by Bishop A Wilson Annual Meeting of Board of Trust Monday May 25 at 9 a Contest for the Young Prize Medal in Om tory Monday May 25 at 8 moot Court Tuesday May 26 at 10 Address before the Alumni by Mab thews subjett Lord Byron 8 in Tuesday May 26 4 Founder's Day Wednesday May 27 Contest for Founder's Prize Medal in Ora tory Wednesday May 27 8 re Commenoement Day Thursday May 28 Exercises will begin at 10 a in my16 iiii 88 '1 frHE FIRM OP LYNCH is HILL Iit DM I solved by in utual consent Mr Lynch will still carry on the business All debts due Arm will be paid to Mr Lynch All de We owed by the Arm will be paid by Mr LN a eb HENRY LYNCH myle HILL moil by Lae nrraw111 eHENRY 3 YL1 ca my19 11 HILL UNIVERSITY OF State Normal College wbv 1 VEHICLES' A 0 ItlYEE1 MANDPACTIIRER OF Carriages Buggies Spring Repairing Neatly and Promptly Done Corner of and HIGH Streets mh15 sod ly VEHICLES' A 0 It1YEE1 I MANITACTUREE OF Cartiates Burgles Sprint Repairing Neatly and Promptly Done 43' 0 Me' Ot and HIGH Streets THE 'NINTH 1 iNNUAL Anil I At this Inadtution will be held in the I Masonic' Theater on Wednesday VOW FEED i Evening May 27 at O'clock Cow Feed 1 Cow Fe: It Feed I Cow 11 An Address will be delivered by Hon CURRY LI General Agent of the Peabody Edocation Fund The public are inved to attend EBEN STEARNS Chancellor my 20 wefriAumowe I ONE CAR OP MEAL made from eholee yellow corn for cow seed One ton worth more than two of hominy meal For hale STMNBACE It HILL 1317 eod ly Coe Oak sod High Ce Lit Stgi Pe LISS INSTITUTE OF TECILIOLOGIa 4 BOSTON SIAM 1 Examination in Nashville WINDOW SIGNS 1 1 m-cr EsExA714 111V tilTE LETI tEbameled on tioppero For or rt dow signs warrantd 63n1 Send for prtri1A 1TFSlLL1U 81 71 4 At rt pr-c-4171t tiiii hqilvo I JEGULAR FOUR-YEAR COURSES' IN Civil Mechanical Mining and Electrical itneering Architecture Chemistry Phyalcs Natural History etc Students are also admitted to partial or special courses Next school year begun Sept 98 1885 Entrance examinations June 41 and 5 at 9 a uk in charge of Prof Garrett Montgomery Bell Academy corner Lindsley avenue and University street JAMES MtTNROE Secretary FRANCIS A WALKER PresideaL my14 thmo 6t onsu positive remedy or tho above dietary L1 One thouvands of Gatos at kb worm kind and molding have bean cured I ndeed vo strong n- la his Menge that a will end TWO BOTTLES saggaanclvith a VaLUMILIETBEATIBB ea this te say ealIerar ilivointpraoa and 0244r ay ken A SLAJdUkl reariStt Now 104 3 3 LI k4 3 TIEWEEKLY AERICAN magnificent IL -solemn paper edited by Kille brew bubmibe et once 111 a yew hparinr anhmetri hat nntla 11 MP Mr 11 I I AA AAL I Wk11111 WARM 1g ITI.