The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, July 26, 1871, Image 4

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THE DAILY SUN Qficm Loehnme'e Building, next door to corner of Broad and Alabama Street!. .JULY 2G. A* V|W Knl Uolrtla of Llft-OW om ad- era and Pathetic Bzcaaea—Hla lloaor Prove. Hlmaelf a Baagh 'Pat. Local Ma-Strokea. Family Jan—Baby squalls. The Eggs-tnordinary mao of the Era— Loyd. The coming man—Cbarloa O’Bummor- Badiah Johnson. What Charles O'Bommer-Badfah said to his captor—"Kiek lighter! Dost thou know me!” The Weddy Human ia (or are) again before ns Ono had to go mtte U get at the Joint, then only to me it gfThe Cold water Templar* are going to hare a “flare-up.” Still they don't like to hare cold water thrown on it The 7Vtw Georgian has a column head ed '‘Plooalilli." The hardest work we erer done was trying to pick one, A tope is stretched across Forsyth Street at Peter*' corner. There are many in town whose necks it would fit admir ably. A young lady remarked to ns the other day that there are always two parties ton 1st* affair nnr who lores, and on* who oouaent* to be treated. A young man wants to know what bos- inera he can go into that will enable him to ooonpy a high position in society.— Let him try the roofing business. MAYOR'S COURT. -aocoAT on nsnsnn.i.ss, at Nteck'a o»- jras-tr Bohnrt L. Crawley, formerly of this eity, is stopping stthe Echols House, 80- vwUi Circle; 6a. - StS-MOOOSWDS MARSEILLE*. at Mock's Ota <7 FSetosy. _ IfOt-U Stake, A lfro. Are “ran” Watermelon dealers of the city. One car load this morning, cheap. Go to Jayson’s Lire Anotion House this morning, and see one of the finest sets of Mahogany Furniture in the city, to be sold at 8 o'clock. Go and see, oren if you don’t want to bny. Yon will also see some fine Pictures to be sold. IsMocay After Trust. A gentleman, whose name we suppress, was yesterday arraigned before ,Jnstioe Lyues oa a charge of larceny after trust. It reams that ha sold some property be longing to n Mr. MoDowell, and failed to tarn over the “spondnlix." The suit had the desired effect, and he paid up like a man, without going into n trial Than are many other* who might be brought to time likewise. N«w Buildings. In nearly every seotion of the town we J>eor the oohUnuod (flatter of the ham mer; the saw and the trowel. Store- KUK ware-houses, ohurohee and pri- rate reside no*, are going up with arapidi ty heretofore unknown in this rapidly growing ofiy. Not only are we ploaaed to note thia foot alone, bnt the buildings in eoaWofJtaetion are of the better olaaa, and are oaioulated to be aa ornamental ns they Are useful As a general thing, there is too mush of n tendency, in dif ferent cities, to build business houses Uk* gloomy prisons, and they impart moat desolate appearanoo. We hopo our buBden will oonlinue to bcatow some earn on outward appearances a* well aa instde finish. Owr Visitors. The city wee alive with strangers yes- terday. The Kimball House was the principal point of attraction; and we do not think we hare erer icon the liouae look gayer. Where all the people came from we know not, bnt for several honra the oapaoioua dining room wae filled to overflowing—oxtra table* were brought in—more chickens slaughtered, and sup plies generally replenished. And we venture to my, that notwithstanding the extraordinary large number of visitors, to hundreds, that they l with the fare. We hope the time will soon be at hand when all our hotale will present the bnaineaa ap pearance that wm obeerred at the Kim hall House yesterday. Tit* Pallet. The following communication was eli cited by an article which appeared in Tan Sun of Monday morning : Engoa Sun—In your paper of the HftCljmi, yon have considerable to say in C -regard to |hs-Folia* to the effect that they are not property sustained in all in- staaoas, in the discharge of their duly, and. that they are liable to suits for dam U ogdt, eta, whan Uiay are amply aoting as the preservers of the pnblie peace. Coinciding with your general views on your correspondent holds like otherpshfio i servants of the people, eta held accountable for trensoend tag their poweas ea well as nsgUgenee of duty. White careful observation has taught the writer that the Atlanta policemen are .Sra*H**nd efficient, they are at the 'Mfo lima, anleas very oarafol and watoh fa], table, like other man, to err. When they db err, it is scarcely ever without annoyanoe and expense to some oitiaen. The writer knows or two instances wham* oitiaeg WM figaried for breaking city ntdinsneri Ho wae clearly vfndi- sated and dieeharged <eM ooett, about five dollar*. each time, ’in moat eMss the oMear would have been reprimanded, bnt horn he was upheld la going far in ex am* of hia authority. I atiraoto, belief the polios Fp'Mif In fimpTgoverning ' our muairipal court. In the swift current of events, many things take place and are forgotton. Not so, however, the brilliant receptions given by bis Honor to all ages and olasses every morning at the City HalL The assembly is such an exemplification of oqnal rights that wo believe it would be acceptable to.the amaillr, usually dubbed "the Faria Commune.” There are many reaaons why it resembles that pyroteehnie body. In the first place the “subject” communes with his own spirit upon the inequality of this world's goods. Tom Jones has a house and Bill Smith has a wife; but our “subject,” being neither blessed with a boose nor tormonted with a wife, from communing with the spirit of his own bosom, takes to eommnning with thn spirit of John Barlycorn, or something elao equally delectable.— Soon he finds himself, like Burke, com muning with “black spirits and white, bine spirits and gray,” and the dream is always snro to end by a “star” of a spirit ooming up and taking the “subject” off to hold oommunion with his Honor. Now, it is well known that his Honor is a friendly man, and a large hearted man, with a tongue not one whitj behind his heart; bnt why he should persist in giving seoh interminable lectures is a mystery to the poor “subject.” Howev er, as man propose* and God disposes: so likewise the “subject" communes, and his Honor commnnes In reply. “It is not for a poor crather like me,” observed a “snhjnct” the other day, “to dispute the word of such s learned man os the Mare; bnt, be jabers, I gets mighty tired listening to his lingo.” MIL EDWARD PINCKNEY dries the ancients in that ho carries water in a pitcher on his head; but he lacks the ancient habit of hospitality, thereby rendering himself obnoxious to those who cannot draw water for them selves. The day before yesterday a dusky son of Africa asked him for a drink, whereupon he "eussed out" the thirsty nvalid, and tho affair onded iu a regular His Honor dismissed tho case, aud bid the erring Pinckney depart in peace. HON. CHARLES o’BCKHEB-BADIAH JOHNSON, the meek and dandified individual who felt so muoh sympathy for the dissatisfied married folks of Georgia, aud whoso wonderful abilities won so much praise during tbo lost session of our Stste me nagerie, was accused ol being drunk, and disorderly. The Hon. Cliarlos O’Bummcr-Badtah said he was arroeted for burglary, and did not want to be tried for so small an offenoe as disorderly con duct—as he had exeelted in the Legisla ture, so he wishod to exoell in his now role. A« we looked npon him we coold not re sist a feeling of sympathy for a constitu ency that had suoh aoreaturo foroed npon them by ignorant negroes. HU oaso was continued till to-morrow, when rich de velopments may be expected. W. B. PATTERSON, the bosom friend of the Hon. Oharlcs O’Bnmmer-Badish, Is ooal blaok, and looked quite os well aa his friend. HU ease U also oontinned till to-morrow. JACOB RMHEL was fined 810 and oosts, but did not pro- sent himself. PRANK COLLIER, was s beautiful and prepossessing female, but addioted to the use of spirits. She felt that it was a sad thing to be alone, and in her sorrow she went down to a store and called the young man there pet names. He did not seem to relish tho oomplimenU she lavished upon him, and appealed to HU Honor to euro her de monstrative affection. filO.and costs was the remedy applied. CHARLES BUSSELL U a chivalrous young man, and pridos himself npon hU muscle. He bears n striking rosemblanoo to the anoiont Ro man gladiators. He don't like womon, however, and especially talking womon. He uies all tho hard words ho knows, and challenges their hnabands to fight.— His Honor read Charles a long lecture on law and morals; ho recalled tho scenes o( childhood, and adjured Charles to reform the emu* of hU way. As HU Honor prooeeded in hu sermon, hugo tears be gan to triokle down Charles' noble face. Johnson was visibly affected, and took off hie new hat, in pity, wo suppose.— HU Honor’s face became euffhsed, and as he ordered * fine of 810 and costs, the scene became too painful for endurance. AN OULD IRISH CUNTLEMAN bos acquired a little money sinoe he oame to thu oity, invested it in honsee and lota, and plays off “nobleman” to perfection. He has recently been experiencing the difficulties of collecting the rent, and a couple of days since called on his good friend, Mrs. Kennedy, and asked her to •fork over.” She replied in the nega tive, and a rich scone took plnco. They both started in search of a polioeman, and Mrs. Kennedy finding ono first, had the “Ould Gintleman” put in Umbo, and hU lari words were, “bad luok to the wo- 1" HU Honor sympathised with Timothy, bat felt constrained to imposo the usual 810 and oost KiaS CRLXNA STUART, has a beau, and her sUter has not. Miss Celine U graceful and petite and pretty; while bar sister U heavy and awkward and ugly. Love, of course, had a Urge corner in Mias Galina's gentle heart, while nothing but stern reality moved the feelings of her stolid sister. Mias Galina pursue* the ooorre marked out by Tenuis 0. Claflin, and that ooune U da- (tfedly obnoxious to the lister. Nature* Astitated like these are not expaotod to more in harmony together, and when Mira Galina's sweetheart celled on her, tha kukri oI water which her airier di rected at hU head was enough to arouse the feebags of <m*ereii tarn averse to the ait of polling hair than our sweet Galina. She went for bar ririar, and wry eoom the parlor was converted into a field of bah Us. The bean made for the door and saved himself, and a city guard ion made for the females and saved them. As bis Honor, in slow and measured terms, pro noun oad the bitter 810 and costs, John son threw bu now hat up to the oeiUng, and as it come down, bottom to the floor, he exclaimed, “Head, by Jove I the Courts adjourned.” TUB WRIT POINT RAILROAD STOCK. HOLDRU'I HEETISU. KeporU —A III file on the Sc*— Judge King Defend* IIIin«rlf. At about n o’clock yesterday tho an- nual mooting of the stockholders of the Atlanta and West Point Railroad was held in the City Hall, Judge John P. King, President, in the Chair, and Mr. Ormo Secrotary. On s call of tho Stockholders, it was ascertained that ont of 12,000 shares, 0,102 shares wore represented. Messrs. Berry, Moreland and Robinson were appointed a committee to examine tho proxies, and reported 1,104, making in all 7,206 shares represented. The President declared tho meeting ready for bnainess. He then paoceeded to reeA the report of the Superintendent, from which it appears that the road U in admirable working order, and that not withstanding tho additions of tho past year in roUing stock, still more U neccs sary. Tho exponses approximated 888, 000. The report of the Director* was then read, from which it appoared that the rood meets much competition from new linos; nevertheless, tho loss by one is generally made up by tho gain of anoth The report of tho Financial Secretary not being in readiness, was not read. It was then moved thpt the mooting go into election of officers for the ensuing year, and Messrs. Robinson, Berry and Moreland were appointed a Committee on Elections. Tho ballot resulted ns follows, there being no opposition: John P. King, President. Messrs. Peters, Berry, Robinson, More land, Lovelace and Phinizy, Directors. Tbo general management ol the road for tho coming year will remain un changed. A SPECK OF WAS. Immediately after the election of Di rectors a slight movement was heard in the rear of the room, when Mr. Ferdiuand Phinizy arose, and addressed the Chair. He desired to enter his solemn protest against the endorsement of the company, given by Judge King, to the lease ol the State Road. He bad the full ost confidence in the ability of Judge King; yot he could not approve of tho endorsement of the loose, aud but spoke the sentiments of a groat number ofStock holders whon be protested against the endorsement of tho lease. Judge King arose and made a lengthy reply. He said tho policy of leasing tha Stato Road was a matter over which they had no oontrol; but that the Legislature had passed an act providing for its loose, when he, aa well os every other railroad man, felt an interoat in seeing tho rood leesed to such partial aa would scoure justioe to so many confliotiug interests, and save the Btate. Under its old man agement business heretofore passing ovor the road was being destroyed, and in sell preservation the other roads in the State wore oompollod to do something to save themselves. Tho Judge pitched into tho rival company, and referred the Stockholders to the correopondenoo of its prominent members. Mr. Thinizy mado a short reply, and concluded by sonding up to the clerk a copy of a protest, signed by himself, Ben. Yancey, ^tnd sovornl others. Tho protest declared that tho signers did not reoognizc the right of tho Directors to pledge the rood as security for any pur obaso whatever, ond that thoy would not rocoguizo any Infinities resulting from tho endorsement. Thoy repudiated tho ao tion of tho “so-oallod Legislature. ” Tho protost was orderod to bo placed on fllo. On motion, tbo mooting adjonruod. A NIOUK IN TEARS. A New *acitlow—Something for Legll- In tori to t'ntoh. In framing laws for the regulation and protection of tho interests of laborers, it la difficult to foresee every phase under which it may be called upon, and the lawyer of long praottoe is prepared to dispute Solomon's aphorism—“that there is nothiugnew undorthe sun.” No statute ou our code is subjeot to ao mueb overhauling os that relating to laborers' and mechanics' lei ns. Some time since suit was instituted in Justice Lynes’ Court by Sallio Bailey against the notorious Anno Rohan. It seems that Anne employed Sally to “draw" her breasts for the sum of 826.— The servioo was rendered, and the gentle Anne refused to foot the bill. For this Bailie instituted a suit under the mechan ics' and laborer*' lein law. Mr. Thadeua K. Oglesby represented the plaintiff^ and Mr. Tignor tho de- fenoe. Yesterday evening the ease wss up for trial, wheu Mr. Tignor took the position thst the service rendered was not suoh as to allow the plaintiff the benefit of the lein law; and he farther contended that the law was intended for those who per formed manual labor. Thia brought Mr. Oglesby to his feet, who asked in a ston torian voice if thia was not labor, what it An animated diseuasionn took plane, on which both parties did full jus tice to the grave subjeot before them, amid the laughter of the seleot few there ■ambled. Mr. Tignor moved that the oea* be dis missed inasmuch aa the ooeuaation failed to designate the date of the services ren dered. His Honor sustained the motion and dismimed the ease. Hoard of Trade. 17c lake very great pleasure in lay ing before our readers the following call for a meeting of merchants and business men, for the purpose of or ganizing a Board of Trade. We hope the movement is made in earnest, and will not be suffered to fall through. Wc are enconrnged, by the large number of responsible names affixed to tho call, to hope that a Board of Trade will be organized up on a substantial, permanent basis, and that the mercantile interests of Atlanta will derive much benefit therefrom. Atlanta, Gil, July 24,1871. We, the undersigned merchants, millers and business men of Atlanta, believing it a subject of vital import ance to the commercial prosperity of our city to enter at once upon the or ganization of a Chamlier of Com merce and a Board of Trade, haring in view an increase of marcantile and business facilities in this city exhort and enjoin all merchants and busi ness men having the welfare of At lanta at heart, to unite with us in a meeting looking to the organization of such a Board on next Saturday evening, 29th instant, at eight and a half o’clock, to be held at Skating Uink Hall. The invitation is ex tended to all resident merchants, bankers, manufacturers or other busi ness gcntlemcnt desirous of fostering and enlarging the commercial influ ence and growth of our city. EBCairkOo iston & John M Born Jr Wm II PI W Power* A C k B T Wyl> Peck, DoSauUers k Jordon, Howard 4c Har- Wm M A H J Lowry Wm M William* Hoyt & Jones G II Holliday W L Wadsworih k Co Meador k Bro J J Toon MCklF Kiser Abbott k Bro Cooper k Lano llooro, Marsh k John Harris J W Kitnor Agt Wright, bomicit k McWilliams k Snow Co raison f Hlghtoi J L Winter A Leyden Jno H James LB Davis Wm A Lansdell Law she k Haynes J M k J 0 Alexander T L Walls Akers k Bro W H Broshetou John Kcely Chapman k Kuckor J H Oliver k Co Cases to be decided In the Supreme Court, In order, July Term, 1871. 1. Bluo Ridge Circuit 6 2. Wojtern “ ! 8. Southern “ 1 4. Albany “ 1£ 5. Sonth-Western" 25 0. I'ataula “ 45 7. Chattahoochee “ IS. 8. Macon “ 16 9. Flint “ If 10. Tallapoosa “ 6 11. Atlanta “ 12. Rome “ 12 13. Ohorokee “ 14. Northern ’• 5 15. 16. Augusta " Middle “ 10 17. Ocmulgoe “ 18. Eoatem “ 6 19. Brunswick " Supreme Court op Georgia, July 25, 1871. Tho Oonrt delivered its opinions in tho coses arguod lost week. Upon motion of Col. O. Peeples, No. 6, Tallapoosa Circuit—M. M. Smith ct «L vs. W. N. Magouriok et ol.—injunc tion from Douglas, was set down for hearing at the heel of tho South-western Circuit. No. X, South-western Circuit—A. B. Raiford, Sheriff, vs. Seth K. Taylor— Rule vs. Sheriff, from Sumter, was trans ferred to the hoel of this Cirouit. Argumont was beard in No. 2, South western Circuit—Jacob M. Gay vs. G. W. Mott — oom plaint from Schley. M. M. H. Blandford, Hudson & Wall and B. B. Hinton, tor plaintiffs in error; Hawkins & Burko and Phil Cook for do- fendantc. No. 8 was argued. It is Emanuel Mur ray vs. The State—arson—from Lee. Va- sou & Davis, aud G. W. Warwick, by Pope A Brown, for defendant in error; P. B. Holies, by Lyon & Hawkins, for the Stato. No. 4. was colled. It is Jos. W. Wil kinson, Ordinary, Ac., vs, Clement A Cheatham, mandamus, from Lee. Lyon, dcGraffonreid A Irwin and Goo. W. War wick for plaintiff in error; C. B. Woot- ten for defendant Pending the reading of tho record in this.case, the Court adjourned till 10 o’clock a. m. to-morrow. INTERESTING) CASE IN NKXVNAN. A Firm Arrciti Their Clerk Ibr Larceny, and the Clerk on Tarn Arrests ths Firm for Robbery. We learn from a gentloman from New- nan, that considerable excitement has been created in that city during the post day or two, by the arreet of a highly re spectable young man, tho son of ono of the most substantial citizens of Coweta, by his employers, Messrs. Krnmor A Weil, on a chargo of loreeny, tho amount involvod being a thousand dollars or more. It seems that Messrs. K. AW., aooording to their statement, havo for some time been missing money, and sus pec ted tho yonng man aforesaid, who was their dork, of being the guilty one. Acting npon that alleged suspicion, they confronted the yonth alone in the store, with pistols in hand and threatening* dire, and actually compelled him virtually to acknowledge the charge, and turn ovor to them all the valuable papers in his possession, including notes on sub stantial men ol Coweta county. The counsel for the yonth has had Messrs. K. A W. arrested for robbery, and has ob tained the serrioea of Gen. L. J. Gar- troll, in both oases. Gan. G. want down yesterday in oom pony with P. F. Smith, Esq., of.Nawnan, to attend tha prelimi- triaL SUPREME COURT DECISIONS. Reported fbr the U*Uy Nam. Tallulah Fire Company hu purchased Fox's furniture wagon, and intend here after, to “paddle 'their own oanoe.” Eighteen of tha boys; including ourself, had • ride in it yeriorday. Atlanta, July 26, 1871. John Neal, etal.vs. George Patten, et el. ■Belief act 1870—from Mitchell MoKAY. J. Where a bill had been filed to marshal the assets of an estate, and under an in terlocutory decree of the Court the assets had been reduced to money, and held in the hands of a receiver, it was error in the Court to dismiss from tho parties in tho proceeding snch judgment creditors as had judgments upon debts contracted prior to Jane 1,1866, on the ground that they had not filed the affidavit stating that all taxes had been paid upon the claim, as provided by tho act of October 18, 1870. Judgment reversed. ULyon, deGraffenreid & Co., Vseon A Davis for Plaintiff; Wright A Warren, Seward A Hammond, John Rutherford, for Defendant. Moses P. Hollis vs. John Williams.—In junction—from Calhoun. WARNER, J. When a bill was filed by the plaintiff against tho defendant, alleg ing that he purchased certain proper ty, including a steam mill and turnpike, of which tbo defendant represented himself as tho owner, and having a good title thereto, when, in fact he did not have such title, but that there was an encumbrance upon the steam mill, and that he did not have a good tiilo to the turnpike, whioh was one of tho main inducements to plaintiff to make tho purchaso, and that complain ant had boen deprived thereof by a su perior title, the plaintiff relying solely upon the representations of the defend ant npon the soundness of his title to the steam mill and turnpike; and the prayer of the bill is, that the defend ant may La enjoined from the transfer ring of the notes given for the purchase of the property, and that the notes in the hands of third persona, due the de fendant, may not be collected, alleging that the <U!->ndant is insolvent. The Court granted the injunction. A motion whs made to dissolve it on the filing of defendant’s answer, on the ground that there was no equity in com plainant's bill, and if there was, it was sworn off by the answer. There w'ere various affidavits which were conflicting to the equity of the bill. The Court refused to dissolve the injunotion, and tho defendant excepted. Held, That the question of retaining or dissolving an injunotion, rests in thu sound discretion of tho Court, aud in coses whore tha affidavits are conflicting, and especially when fraud is charged, this! Court will not control the discretion of the oonrt below nntil the final hoarinf: of the case; though this Court woulc have been better if the injunction had been confined to the notes given for the property in the hands of the defendunt, nit, inasmuch as tho court below has the discretion to modify or continue the in- , junction, in its discretion, we will not in terfere with that discretion. D. D. Morral and H. A. Hawkins, for plaintiff in error. Lyon de Graffenreid and Irwin,,Wooten and Hoyle, for de fendant in error. James B. Wallace vs. William H. White- head—Belief Aot of 1870. LOCHRANE, C. J. Where tho Court below dismissed the plaintiff’s action, under the provisions of tho aot of 1870, for failure to file affida vit required, that the parly had paid all tho legal tuxes due and chargeable there- i. Held that this provision of the Act of 1870 is constitutional, and the Legisla ture of the Btate had the power under the Constitution to pass such laws os was doomed essential to the pnblie welfare, and Courts have no right to restrain by construction, the power delegated by the people in Convention, to the people’s representatives. Held, again, that tho duty to pay legal taxes due and chargeable, is one of the highest duties imposed by the Govern ment upon citizens, and it is not an im lairment of the obligation of contracts or tho State to require the payment of such taxes duo thereon, and to prescribe tho mode by whieh suoh payment shall be proved, before her Courts and pro cesses shall be used to enforce claims npon which taxes may be chorgeablo. Held again: If the failure to pay legal taxes, or making affidavit that they have boen paid, after six months have been granted by tho Legislature for that pur pose, works a failure of remody bylaw ,o enforce contracts; such failnre of remody is tho legitimate result of the failure of the party to pay his legal taxes, or to comply with the laws of tno Btate ; and such failure of remedy so invoked by the party himself, ia not an impair mont of his obligation or contract. Jadment affirmed. McKAY, J., concurring in tho judg ment of the Court. Tho not of October, 1870, requiring all legal taxes then duo to be paid before any judgment or verdict to recover the same shall be had, and requiring the dis missal upon failure to file an affidavit that such legal taxes havo been paid, im poses no duty npon tho plaintiff incon sistent with that clause of the Constitu tion of the United States, prohibiting any Stato from passing laws violating the obligation of controots. The aot of October, 1870, oDly requires the performance of a legal duty imposed by tne laws of this State at the date of the contract, which legal duty, beiug the payment of taxes, may be performed un der seotion 86C of the Code; and it is clearly within the power of the Legisla ture to imposo upon suitors the perform ance of a duty for the collection of a debt upon whioh the duty arises. Such penalty is not for the post delinquency, but for the refusal to perform a prosect and continuing duty. WARNER J., Dissenting. This was an action brought by the plaintiff against the defendant on a pro missory note dated 28th March, 1864, on whioh there is due four thousand and odd dollara, besides interest When tho cose was culled on thedoeket in the Court below, defendant's counsel made a mo tion to dismiss it on the ground that the plaintiff had not filed on affidavit, that all legal taxes chargable by law had been duly paid upon the debt in accordance with the provisions of the act of tho General Assembly of the 13th October, 1870, denying the plaintiffs the aid of the Coarts to oollect their debts contracted before the 1st of June, 1865, nntil the taxes thereon had been paid. The Court sustained the motion and dismissed tho case, and the plaintiff ex cepted. My opinions in regard to this olaaa of Legislative enactments have been repeat edly expressed, and this act is quite as obnoxious to the fundamental law of the land as my of the others.) It impose* conditions on the legal rights ol the plaintiff whioh did not exist At ths time the oontraot was made—it ia ex pori facto in its character in aa much aa it assumes that on* olaaa of the citiawna of the State are guilty of a criminal offenoe and it prevents them from the enforce ment of the legal rights in the Courts— invades the legal rights of the plaintiff under (the contract at tho time it was made—and impairs the obligation there of, within the true intendment and meaning of the provision contained in the 10th Section 1st Article of the Con stitution of the United States, and is therefore void. Control Railroad and Banking Company vs. Mayor and Oonncil of the oity of ^Macon, et aL, and Mayor and Council of the city of Macon, et aL, vs. Central Railroad and Banking Company—In junction from Ribb. WARNER, J. R Held, That tho State of Georgia and e oity of Macon, on the statement of the facte disclosed by the record, were not proper parties to complainant's bill of complaint. Held, also, That the Macon A Western Railroad Company had legal power and authority, under the provisions of its charter, to lease that road to the Central Railroad and Banking Company of Geor gia; and that the latter company had the legal power and authority, nndcr the pro visions of the act of 1852, to accept said lease as specified in the contract set forth in the reoord. Held, further, That tho Court below erred in granting the injunotion prayed for in complainant’s bill. Judgment reversed. Lochrane, O. J. concurred in the opin ion of the Oonrt. McKay, J., dissenting, Held, That nndor tho act of 1852, and under the charter of the Macon A West ern Railroad, the Directors of the Cen tral Railroad A Banking Co might, with the assent of the majority of the stock holders, have the rood of the said Macon A Western Railroad Company for the term of the existenoe of its charter; bnt a lease of said road, having for tho consid oration covenants that on certain events tho Macon road shall ceoso to exist, is i! legal, unless assented to by all the share holders. Held, That a railroad oompany whioh the loosed road is an important feeder,(has such a pecuniary interest in the result ss to make it’and the stock holders proper parties to the bill, charg ing that the lease is illegal, and praying that it may be enjoined. Jackson, Lawton A Barringer, Lyon, deGroffeDreid and Trrin, and B. H. Hill for Central Railro'^d; Whittle A Gas tin, A. O. Baoon, Nisbett A Jackson, C. An drews, W. Phillips and B. B. Hinton for the city of Maoon. Financial and Commercial, Sun Office, Jaly 25, 1871. BOARD OF TRADE. We are glad to obsdTvo that a call issued this morning, signed by a large number ol oar most respectable mer chants, for a meeting to bo bold for the purpose of organizing a Board of Trade. We hope every merchant in Atlanta will give sanction to this movement. It is one that closely affects the commercial inter ests of the eity, and we hope to see the efforts meet with perfect success. Efforts of this kind have been made before, bnt only with partial success.— Even now, we believe there is an organi zation of this kind, bnt its existenoe is merely nominal. There is bnt one way of making the thing a suocess, and that is for the merchants to go in as one man, resolved to oonform their business strict ly to the rules of the Society. If any be comes dissatisfied or ohafes in the har ness, let his grievances be submitted to the Board and by it adjusted. STATE OF THE MARKET. The peculiarity of the market to-day was dullness. It was manifested in every department of business and every article in each department. In our rounds we discovered that merchants bad plenty of time to talk abont the state of the mar kets, and the prospects of trade, and oven tho clerks had time to exchange pleasant word with thoso who loafed in for a few moments, FLOUR AND GRAIN MARKET, Flour.—The report, circulated on Monday, relating to a rise in the West ern flower market, seems, to havo not been correct. On the contrary, dispatch- oa reoeived to-day from St. Louis and Cincinnati, report a slight decline in both markets. Wo havo no change to note here however, os the figures ol yes terday rule to-day. The stock of flower is small, bnt eqnal to the demand. Wheat—No Southern wheat is offered. A few samples were shown in the market but were found to be not merchantable, and were withdrawn. Arrivals from the West are beginning to beeonsidorable.— The mills are well stocked, and we find some lots in store. We quote whoat at 81.65, by tbo car-load, at the depot Small lots bring a little higher figures. Corn—There was a little easing np in corn to-day, and possibly on actual de cline in prices. Wo hoar of no shipments that were billed at a higher figure than 81.00, though some small lots were sold two or three oeuts higher. Oats—No change from yesterday's re porta Transactions small. £i)t Ctlg Dnbgct. 8®- R. M. ROSE A CO., Wholesaln Liquor Dealers, Atlanta, Oa. Buis' Bitter, and Bchiupp*. Also, Sh&fcr’ff Ginger aud Cherry Ur a - die* at lowest figure*. JuuelO taugl K. M. BOSE & OO 19" BUSS’St. DOMINGO BITTERS 1* k moat valuable stomachic and tonic, and la aa well knows, or better known than any other Bitters, and better established. Foe pale by JanelS-taugl B. M. BOSE k OO., Breed stmt Mr AROMATIC SCHNAPPS—The Aromatic Schnapps, uianufacturad In Holland for John A. Rusa, hare no superior In the market. The, are kuown aud used all ovor the civilized vorld.and "None know them but to love them. None name them but to pralae." For sale by R. M. ROSE * OO., June Id taugl Broad tract PROVISION MARKET. We find no notable change in the meat market. The demand continnes very light, with full stocks on hand. Yester day’s prices still rule. GROCERIES. Wo have no changes to report in any thing in the grocery lino. Taero is a good deal of apathy in the market, with no demand other than to meet the ordi nary ran of business. Oar last quota tions still prevail The Street Railroad. This enterprise is rapidly approaching completion. A large nnmbcr of hands are employed, and the rente from Jamea' Bank to Peters street railroad crossing will be completed by the end of the pres ent week. We are glad to note the pro- gras of snoh works, as they prove that onr noble city is still moving forward in the path of progress, and will soon be seoond to none in her facilities as well her enterprise. This road cannot but make a new epoch in the internal im. provementoftha oity, and will, no doubt, largely enhance the value of real estate along its rente to West End. The ooachea are daily expooted. The people of Newnan have snbearib- ed over 800,000 stock toward procuring a National Bank in their town. They find mnoh diffien'ty in proooring small ehange, h**oa the neoeerity. We understand that it will begin operation daring the coming month. 9at>annal)-0l)ipping Cine*. MURRAY'S LINE—NEW \ ORK dr SAVANNAH. EVERY TUESDAY from each port. INSURANCE BY STEAMERS OF THIg LINE, ONE HALF PER CENT. CABIN PASSAGE DECK, with subsistemee .110 . .The flrat ole** Rtetmahipel DJEAUBOBM, Commander. VIRGO, BULKLKY, Commander, Compose this line, and one of these steamship* leaves each port KVE11Y TUESDAY. Through bills of lading given by theae steamships by all railroad connections, and also through bill* lading glveu in Savannah on Cotton destined for Liverpool and Hamburg by first class steamships. ~ For freight orpassage, apply to HUNTEB k GAMMELL, 84 Bay street PHILADELPHIA AND SAVANNAH HAIL STEAM SHIP COMPANY. puiljinn, ftiiji jurn &f- r.i.r.niH, EVERY SATURDAY from each port. INSURANCE ON COTTON BY STEAMERS ON THIS LINE ONE HALF PEE CENT. 0AB1H PASSAGE DECK, with subsistence u> This line is composed of the first class steamships IVYOMIlfG TEAL, Commander. TONAWANDA BAlOUfTT, Commander One of these steamships leave each port EVEBY SATURDAY. Through bills lading nirnished by these steamships by all railroad connections. For freight or passage, apply to liUNTEB 4 GAMMELL, 84 Bay street. For Boston. THE BOSTt'N AND SAVANNAH STEAMSHIP LINE The steamship* Oriental, Capt F. M. Swam. ‘ kiburff, Capt, 8. H. Matthews. N FAKE $30 00 DECK 10 oo Through bills of ladlnfi given by railroad agents to- Boston, and in Boston by Steamship agents to pnn« cipal points in Georgia. A luma and Florida. Through bills of lading given to Providence. Fall River, Portland, Lowell, Lawrente, Ac. Passage tickete sold at railroad depot, and state, rooms secured in advance by writing agents in Ba~ vannah. RICHARDSON A BARNARD, Agents, 8aVanuatu F. NICKKR80N A CO.. novft-tf * Agents, Boston. For New Y or It. THE GREAT SOUTHERN 8TEAM8XIP COMPANY. EVERY THURSDAY. Insurance by this Line can be effected under our open policy at one-half per cen^ CABIN PASSAGE $30 00 The first class steamers Herman Livingstone Choose man, Oom. Gen. Barnes, F. O. Mallory, Com. Will tail as follows: H. LIVINGSTON June 1st, at 8, v.u. " “ 15, 4:80, r. u. “ " 29 4, r, u. GEN. BARNES Juno 8th, at 8, p. u, •« »• 23d, at 1, p. x. Bills of lading given hereon cotton and wheat thro, to Liverpool and Hamburg via New York by first class steamers. For passage or freight, apply to WILDER A FULLARTON, nov 9-tf No. 8 Stoddard’s Upper Ranges For Baltimore. OABIN PASSAGE $30 49* The Baltimore and Savannah Stoamship Co’s. Steamers sail from Savannah during December as follows: Saragossa Thursday .February 2d America, Thursday, Saragoeea, Thursday, America, Thursday, 16th . .Thu; nov«-tf SAVE YOUR FRUIT! SAFEST, CHEAPEST AND BEST FRUIT JARS In the market. • MoBHIDH cbOO., M ANUFACTURERS’AGENTS FOB FRUIT JABS and JELLY TUMBLERS. lanusberc's UMBEB YARD, OPPOSITE GEORGIA RAILROAD DEPOT. ATLA NTA.GA, awed nii lt.,1 cm and Zaatha, Whlto Pino S«*b, wlnriow db Till vicira All Hinds ol Ureaeed emd Framing Lumbar. fcbll-lr X. LANDSDZBO * OO., Frartetora, Change o£ Schedule. OFFICE MASTER OF TRANSPORTATION,) Maco* 4 Wmtkw Railroad, [ Macon, July 12, 1871.) DAY PASSENGERTBAIV. Leavea Atlanta 7:65 A M Leaves Maoon 7 . 66 A M Arrive* at Atlanta 2:10 P M Ar«lv» a at Maoon 1:40 P M „ WIC^HT PASSENGER TRAIN. Leave* A^anta l:Wl>U Macon 6:06 P M at Atlanta 10:26 PM Arrive* * Maoon p M 49* 111* above echodnl* goee into affect Sunday, July 16, 1871. lulyU-G H. W. BRONSON, M. J.