The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, July 27, 1871, Image 4

Below is the OCR text representation for this newspapers page.

THE DAILY Thursday Morning SUN Local laa luku. " Tia well! ” said the well-digger, reet- in* on bb spade. We eaw a prominent lawyer carpenter ing yesterday. He waa trying to make it as brief u possible. yUe Georgia Western fever lias passed Uie critical point. The new Directors remain in office daring the coming year. Tbo AW Era waa letting off steam yssteeday. We have thongbt for some Urns that U was inflated, Ham Murray ltas got book from Grif fin, He reports the only excitement there a crazy woman, and as this is some thing unusual in Griffin, the eroifoment was great . Theodore Parker wants to convert the Devil It is suggested by an Atlanta divine that we furnish him with Tweedy’s toe oonoern to begin with. In the event of failure, our only lorn would be Parker. We wen entertained again last night by the singing in the Hebrew Synagogue. Though it was not especially intended far as, still we had the full benefit of it, and our only regret is that it ends so soon. The True Bambvoder, ol yesterday evening, says, “Just as a spattering est sometimes intimidates and drives a big boil dog, some men, with more impu dence than brains, succeed in making people behave they are great” That's whatfs the matter with the editor of the Urmhoodtr. The new Weriey Chapel is now roofed in, and rapidly nearing completion. A email fight between two email freed men, wee the small excitement on Mari etta street yesterday- See the notice that, on and after the 80th instant the day pstwngnr twin on Sunday will be resumed on this road. A Cat lags st SmtlasTkliDs, tar Cash, See the oard oTo! W. Adair. This cottage will be sold for cash. Bo on hand for lf«w DhiIhch How There are a number of new business houses in the eity, whom we feel a deli cacy in mentioning, sinoe they do not ad vertise. We really would like to mention Unas, and enlighten the people as to their whereabouts, if they would only 1st ns. Papnlar Reading*. We ask attention to the announcement that Mr. Abrams, who is well known in this o%, will give a reading from one of Dickens’ most popular and amusing pro ductions. We shall rejoioe when oar people beoome fond of entertainments of this nature. We ere assured that Mr. Abrams has a fine oonoeption of the ehametera introduced in this Housekeep ing production of Diokena’. WstwWhSa We understand that the machinery oonnooted with the Holly system of Wa ter-works, now in construction in Leek- port, Mew York, is rapidly approaching completion. Mr. Charles Shearer, one of o«r Commissionen, has been there for some time studying the government of the system. We suppose we may soon look out tor the work to oommenee. SAVOH'S COURT. Charlie O’Hummer-IIndlah ‘Again—lit: it Com > Jr tael J—Abu»t. of Iritilfffiflffl— H U IIomot CmUmmi to Miiiiitw. film ItNflte Every city has its peculiarities, and ev ery street has its oalling. Peters Street, whilst but seldom mentioned in print, is nevertheless one of importance. It docs a very heavy retail business, and is espe cially a mart of country wares and pro duoe. Watermelons, squashes, potatoes, com, and in foot every thing necessary to sustain life, i* found there. The Street Railroad will, doubtless, bring this street into mere promineuoc. Several new buildings are io osama of oonstruetion; and if those negro cabins near the rail- read crossing were removed, wo should he a Peters Street man. Hflgsrtlai to Law. One of the best evidonoee of the utter ggnaeity of a people is a propensity for “going to law." The colored people of Atlanta seem to be badly affisoted by the contagion. Day after day ws see the va rious oourt rooms in the oily crowded with them people, sacking redress lor their wrongs, and that moat oi these wrongs are altogether imaginary, is not to be wondered si It we could devise some' means by whioh these people might be indaosd to return te tbs “shovel and dS 1*4” it wool! be s blearing, not only tar ua, but ta them Tusucmv MTVTSUUOCS DISAP- rB ARABIC. | It will be reeoUeoted that a tar days sines Col B. F. Roberts, of Alpharetta, left his carriage et Wooten’s stable, and „ - Sfonlllt srij disappeared. Search woe flw imsssdfotslyinstituted, but ao trace oould be found of the miming men. Testerday information was reoeived in the oily that Ool Roberts had tamed up at Canton, Cherokee oounty, and was on his way - hsmid We take pleasure in publishing tAilrifWlowiWtami fossa hb Mends: Eurae Son: The gentlemen fromMU- too and Forsyth eounties, who caA to thbeKy to look up Col B. T. Roberts, who had been reported se mysteriously •basal from the eity, take pleasure in an- - ) SSfSttaf Ip these interested that OoL ■ b *c* at horns with Ms dually ny thanks to Captain WUt. Anderson and the very efficient po- lice officer. of the dty, |for thrir men) 1 servicesgi us, etc. Notwithstandiug our remarks of yes terday about his Honor's tongue, it still continues to wag. Among the early saints of the Roman Church was one who, when young, waa an exceedingly loqua cious man; but who, in brie life, curbed the velocity of his tongue, and for forty years, to the day of his death, never spoke a word. He is known in church as John the Silent We bavo no hope of hb Honor ever becoming a second John; but we do hope that a repetition of the incident may suggest to him not to talk so very mncli. The habitue* of the Court room presented an active appearance, and Pat Pitxgibbons kept “tbo ould slitone jug” well-filled with cooling neclar for hb Honor's special “aarvioe.” Johnson (not the bummer) had hb new white hat with him, and seemed to think that nobody else was similarly geared. Whit Ander son was straying around through the building, reminding as of the anto-Wil lbms regime. We expressed the appro heDsiou that perhaps Williams had been laid on the shelf, and Wbit re-instated, when a number of poliocmen allayed our rsiing fears by assuring us that Bbmarck, (as they affectionately coll him), was out taking a drive around town in hb silky, and exereiaing hb bloody stock for the coming races at tbs Slate Fair. Among the dbtingnishod persona pres ent was the Honorable Reed, late a Radical member of the Georgia Menage rie, and a warm supporter of Gen. Grant. Tbe honorable gentleman has recently entered the wedded state, under very pleasing circumstances, and hb presence lent much to the dignity of the assem blage. HISS NELLIE HINES b one of those simple-minded people who imagine that a witness should swear in Uio interest of the party by whom she is subpoenaed, without regard to the truth. Of eonrse she finds a difficulty in aoeom- plbhing her purpose at all times, and when tbe day before, a burly negro had tbe audacity to swear the truth, she went for him, wool and all. The poor witness foil the full fores of woman's ire, and was yerj wilting that the city should take the ease off lib hands After the evi dence wee ovor, Hb Honor observed that hb turn came now, and of all tbo lengthy, span-out, interminable lectures we ever heard, thb beat them all. He was men tally exhausted by tbe timo ho got half through, and declared that if it was bb progenitors, or even an angel from the regions of space, he would “go for them, sure. ” In bis groat excitement he let the prisoner off with the costa, but soon con •oled himself by resolving to make it out of some one ebe. BOM. iwiw-w O’nUHlIKB-nAWAH JOHNSON b out of a job. He oouidn’t bambooxlo the Spalding oounty niggers for ro-elcc- tion, and General Grant failed to reward hb soalswsg services with even s $60 clerkship. What b a poor man to do io a coso of this kind? On Saturday night lest he proposed a midnight “piowl” to hb (negro) friend, W. B. Pat terson, Esq. Coffee agreed, and they went to Bev. Mr. Dickey's residence, end rapped at Uie kitchen door. They then went to the window and lilted it, for a purpose beet known to tho Hon. legislator himself, and letting it drop, broke two panes of glass. Policeman Flynn took a survey of matters about thb time, and conducted the “God ond- Morality-Party” legislator to the Cala boose instead of the Capitol, and after he turned the key on him, involuntarily exobimed I “How are tho mighty fallen I” Hb Honor administered Obsdbh somo sound sdviee, and suggested tho great impropriety of visiting other men’s yards and kitchens st midnight in ths company of prowling nogroos. He im posed upon the gnvo and reverend rep resentative tho sum of 860 and costs. Wo underst M nd that he intends to appeal tho esse to the Council, whor elie expects tho four Radical members to holpliim out— Sic transit gloria ntuntti. w. n. PATTB1ISON. tho Hon. Charles Obadiah'sjfricnd and confederate, was glib with hb tongno, and although ho said ho was soquainted with all tho Methodist preschore is Geor gia, still His Honor could not boo that that gave him privilege to hang aronud a preacher's kitchen at mid night, and im posed upon him 820 and cost. J. C. (OX AMD JAMBS WINTKB had a tobacco difficulty. How it origina ted, what it was about or what they waul ed to do, they did not exactly know ; but there was a ehew of tobacco conneoted with it, and they wanted to fight to set tle the difficulty. His Honor made them both fork over 810 and costs, end prom ise to be hotter children for the future. J. D. LLXVXLA.no AND JAMES BOBINBON were trying their needle-guns early in the morning within the dty limits. Cl ms lend paid a levy of 85 end oosts and Bobisaaa got 0* with the eosts. A SIGH ron FREXDOM. At thb juncture Charles Qbadiah be gan to feel irksome under the restraints imposed upon him, and got up to go out He was met st ths door by a policeman who felt “jsbss" about lotting Obsdiah ‘deport”. Obsdiah pleaded ; the po- lioemsn remained inexorable. At lost Obsdiah appealed to Johnson ; Johnson appealed to the Mayor; the Mayor “wil ted'' and Johnson 1st Obsdbh depart un der satiable assort. Bxnrr cLATron earns up for her ration of 810 and costs and the witnesses so wearied hb Honor and Johnson, end ourself, that ws de- ebrad the Court adjourned. TMi UMltim *•*•! »>»'• See tbe advertisement of thb Hotel— so very convenient to tbe pereeeger de pot and the oenter of business—being of fered lor rest. Whoever wants it hod better apply without delay. AHHKST or AH EHBHVO SAVOR. A fllttc»4l*M of J«rlwHrUon—Uritvt Pro* l»*t»lllt l*4ill( a Lot* a Shining Mark. Among tho many questions of jurisdic tion by which the public miud b oppress ed, none are of greater import than one which came to onr knowledge yesterday. To arrest an actual Mayor would be bad enough, but to arrest one in prospect— why, there is no telling to what grave oonaequenees it may lead. Mr. William Shearer b a Simon pure Radical, and it will be remembered that lost fall, when other Radicals were loth to serve their party, William was prevailed upon by a number of hb colored associates to announce himself for the Mayoralty. Subsequent induce ments, however, wrought a change in Willbm’s mind, and he withdrew in favor of the present encumlKint. It was thus that William escaped tho probability of enjoying a high and respectable office. Ever since bo has been regretting bb action, and but too often it b that be baa found consolation in the bottle. Yesterday Willbm was fighting old bat tles over again, and indulged in very choice expressions, indiostive of a high degree of spiritual tonsion. A policeman stepped up to him end said: “Mr. Shearer, you’re wanted.” William.—“What b’t, lad? Whoados’t tbon say wants me?" I’olioeman.—“You’re wanted at the calaboose.” William.—“Look thee here, lad, doe’t know I was verra near being Mayor of tbb here town? I tell thee thou’lt rue this insult. It’s a d d nice thing if a man whoa might o’ been Mayor oan't tuko a little wi’out ben t»k' it up." Policeman.—“I can't help all that, I must do my duty.” William.—“D d tbeel I’ll run for Mayor on the Democrutio ticket the Looming year, and I'll be eleckit, end 111 turn off the last man o’ thy gaping crowd, I’ve had my bellyful o' carpet-bagger*, and huvethrow’d them o’er my left shol dcr, but I’ll bo Democratic Mayor next year.” Without much difficulty three polioe- men escorted tho indignant man to the calaboose, and placed him under lock and key. It Is probable that he will bo ar raigned before hb Honor this morning, when an affectionate soeno will take place between “What Is,” and "What Might Have Been." TUB LATE STOIIM. Terrible Deal ruction of Crop*---Whole Flcltle laid Waite. Reports oontinue to bo reoeived in the city confirming tho great destruction of property by the bto tornado. Whole fiolds have been bid waste, and not a thing will be realized from the year's ta bor. Fences, out-buildings and dwel ling houses havo been blown down, and but few seem to havo been spared by the simoon of destruction. In tho direction of Decatur mnch damage has been done. On the plantation of Mr. Wiloox, cotton and corn have boon completely destroyed. Fruit was all blown off tho trees, and even the treea themselves havo been up rooted. Ho informs us that many of his neighbors are similarly unfortunate. On tho McDonough and Jonesboro’ roads tho destruction bos been unpreced ented. Tho reports from these sections are discouraging. The plantation of Col. Todd, on the Jonesboro rood, has been completely riddled. Everything was de stroyed. Those who have been thus visited aro indeed unfortunate, after having perform ed hurd labor and expending much mon ey, thus to havo it swept away. The storm was the most destruotivo with which we havo over bcon visited. THE RELIEF LAW. Important Decision of tlu- Su preme Court-—-Tbe Law Kde tained. [Reported SpecieUr for Txx Axusta Daili Soil Yesterday wo published the Head Notes of the decision of the Supreme Oourt iu a case involving the constitu tionality of the Belief low passed by the bto Legislature, in which that law is held to lie constitutional. Wo take the earliest opportunity toby before our readers the full opinion of the Chief Justieo iu thb highly important easo, that the legal fraternity and the people everywhere, may soe the reasons given for sustaining that law: James 13 Wautb, 1 , re. ! IteUiI-Act of IsW-Bator Vh. H. Whitehead ) County. LOCUUANK, C.J. PUiutiff brought hilt action (or tbo recovery of a note due him from defendant The court dlamUacd Uie raee on the ground that the plaintiff had not filed hie affidavit, required under toe second aeetiou of the act of 13th October, 1H70, and granted an or der diemitutlng Raid action, which Judgment waa ex cepted to. It ie contended that the act in qncatiou la uncon- etitutioual upon the varioua grouode which have been argued and reargued before thin court until the path hae both weakened down and the general author! tie* beoome familiar to every court aud law yer. In the view which we entertain of thie case, It would be a waete of time to review theae varloan UeU of authorities, which have been presented, in relation to the infringement or Impairment of con tracts. Thie question has been adjudicated under the previous acta, so far as principle and analogy render them applicable to the case at bar. But wo do not think that the case arising under the act of October 13, 1870, invokes any review of the princi ples of these former decisions. The Legislature of Georgia has declared by tbe act in question that onr oonrtashall be closed to the enforcement of claims, until the legal taxes duo thereon shall be paid, and more than six months were allowed within which parties plaintiff designing to use the processes of oourt, should conform to the requirements laid upon them. Had tho Mate of Georgia, through her Legis lature, the constitutional power to pass this act? If the had, then this question u settled. Before expressing an opinion upon this general proposition, let ns first see what the act does. It ;al taxes i _ _ . IHfi such elaiins. Need the LcglslsturcT power to make all laws and ordinances, consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper to the welfare of the Mate.” This grant of power, delegated by the people in convention to the Legislative branch of the government, is as broad as the limits of the Htate, and as extensive as the public Interest or pub- lic welfare, lathe opinion of the Legislature, may demand. It te a right restrginod lu its terms by only two limitations; first, tho Constitution of tho State Itself, aud second, tho Constitution of the United Htates. By reference to tho Constitution of Georgia, the power of taxation is declarod to exist over tho whole Htate, and shall bo exercised by the General Assem bly. The Constitution of the united 8tates contains that tho Htate has power to impose tax, it follows a primary proposition, that who may also provide tho moans or their collection, and impose peualtias upon all who may fail in their compliance with her legitimate demands, and the power therefore to im pose tax and collect the same, is one which can be a uostloned by no authority whatever; nor is it in io province of tho courts to pass upon the wisdom or policy of the Legislative acts, or restrain their enforcement, except there be a clear violation of aoino constitutional povislou. Wo, then, go to the Constitution of tho United Htates. Article 1, Hootion JO, Codo 19023, oortalns tho limitations of the powers of tho individual States; and it declares, among other things, that no Htate shall pass any law impairing the obligation of contracts. Does the Act In question fall within this Oonstitntion*l inhibition t The preamble, which is tho intent of the Legislature of Georgia, as to the character and purpose of this Act. declares it to be ‘'an Act to extend the liou of set off and recoup- nont, as sgaiust debts contracted before the first day of June, 1866, aud to deny to such debt* ths aid of the Courts until ths taxes thereon have been paid." Thus it will be seen that tbo declared purpose of ths Act, so far as the Legislative declaration is concern ed, la not to interfere with the contract in any man ner whatever, nor to Impair its obligation, but Is simply In effect to compel parties to pay their legal taxes chargeable by law, or declare the somo to have be-n paid, before tho Courts of Georgia will give the benefit of its processes and powers and the use of the legal offleora, to enforce tho contract or obliga tion. But it will be said this law is cunningly devised to afford dobtors somo relief againat the payment of their debts, because of tho right of ths State Court to dismiss cases whsro the le| may Impose a tax upon such claim*. Tho Uni- dm goal and link tbe evidences of debt, which had been" regarded as worthless, while ths conflict was raginZbnt came to light by the restor ation of peace, and which, by their enforcement, would have left ths State of Georgia a republic of paupera. We think the textsletion proper, and de manded by the public welfare; th wisdom of the Ltglslskirs, and si prohibition, they should be sustai of constitutional right; and in U have no doubt As te this partici the Legislators had the right to and the powers of Its own eoorte t fsil to pay ths legal taxes due and on, ana declare to the people win dance that this Is done, and we c ot tbe otart below, in dismissing taxes ought to have been paid te Oeneral, and the party made affidavit as prescribed by the statute, and upon his falling te do so, and filing the affidavit, it was only carry inn late effect the plain prescribed terms of the miss the esse sod grant an order < Nothing can be clearer thau ihm remain untouched. There la not impairing the contract, nor la the by law denied. Both the obligate ere distinctly left as they existed. alter i art Lded ledy son, urts why who is as te te the i not rom of the httheat dado, of Ml ' the law, aad wlieu any class of mi went, the act is not only in violsti poses upon others an additional t make good‘the default. We do plaintiff or owner of the note she he has paid tho legal tax due and thou he is entitled to bis oontrac areo]>en to hint; but if he has should the government open its < has confessedly failed to comply a citizen, and has failed to pay hU the Htate. If it Is a sovereign ri citizen from voting, who fails to p the Htate the same right te prevt the enforcement of his claims in her courts, until the taxes on them are jfcid? It is said that it is export faoto. By reference te the act Itself we find too answer. It imposes no new taxes, provides no forfeiture. Ample timo is allowed—six months are given within which this law may be complied with, and after a consideration court, in tbe case at bar. James B. Wallace vs. William H. White- head—Relief Act of 1870. LOCHRANE, C. J. Where the Coart below dismissed the plaintiff’s action, ander tho provisions of the Rot of 1870, for failure to file affida vit required, that the part; hod paid all the legal faxes due and chargeable there on. Held that this provbion of tho Act of 187Q is constitutional, and the Legisla ture of the State had the power under the Constitution to pass snch laws as was deemed essential to tho public 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 the duty to pay legal taxes due and chargeable, is one of the highest duties imposed by tho Govern ment upon citizens, and it is not an im pairment of the obligation of contracts for the State to require the payment of snch taxes duo thereon, and to prescribe tho mode by which such payment shall bo proved, before her Courts and pro cesses shall be nsed to enforce claims npon which taxes may be chargeable. Held again : If the failnre to pay legal taxes, or making affidavit that they have been paid, after six months have been granted by the Legislature for that pur pose, works a failure of remedy by law to enforce contracts; snch failure of remedy is the legitimate result of the failnre of the party to pay hb legal taxes, or to comply with the laws of the State ; and such failure of remedy so invoked by the party himself, b not an impair ment of his obligation or contract, Judment affirmed. Cases to 1>c decided In the Sapremc Court, In order, July Term, 18f 1. SSi Pi sory notes will be rejected iu evidence, and tlr ted 8tates Courts will not ontertaln jurisdiction. The law of CongruM lio* not prescribed for tbe diamteidon of such actioua, but will not allow tbe Federal Courts to enforce thorn; and snch donial is not con sidered an impairment of tho obligation of contracts, but arises from tbo fault of tbe plaiutlff in not affix- iug to the evidence, in the manner proscribed by the lawa of the United States to the instrument which he brings Into Court aud Invokes the processes of the Court to enforce It the stamp or tax renulrod by law; and this general principlo in the law shown that tho Legislative power of the State or National Govern ment has the right to prescribe not only tbo rules of evidouco iu relation to the payment of such taxes, but to direct the dlsmisHal of ench suits ss may fall within the rules of evidence thus prescribed. We are accustomed to take too limited a view of the great powers which are legitimately In tbe Legislative de partments of the Government. While in theory the . . _ i the fountain of power, whoso right It is to direct tho ac tion and enlarge or limit the powers exercised by the others. The Hnpremc Court of tho United Htates may adopt rules to-day which the Legislature will to morrow rovoko, and this Court in its plenitude T power is!*'*“ ““ -**“-*- ' ’ And when J j ... scribes that it shall be the duty of the plaintiff to file his affidavit that all legal taxes chargeable by law Malicious Prosecution, Wo but a short time since expressed onr disapproval of any unnecessary pros- ocution against any of our policcmon, when they do not oxcoed their proper sphere of duty. It is sometimes alleged that thcro are lawyers who resort to pet tifogging aud get up proseeutions of va rious kinds, merely to have something to do. How much truth thcro b in thb allegation wo will uot now pretend to say, hut we havo noticed a few coses of what we considered very unnecessary proseeutions ngniust the city police—ca- scs in whioh it see mod to ns they had not transcended their plain duty, of which the following b one : Somo days sgo policeman Couch ar rested a worthless negro vagrant named Nunnslly, who resisted him. Couch used his club, end soon oonrinoed the scoundrel that submission waa tho best polioy. In the Mayor's oourt next mor ning Nunually was fined, if wo remember aright, five dollars and costs, thus os tablishiug tbe legality of the arrest, and vindicating the oondnot of policeman Couch. Nunnally then instituted a suit against Couch for assault, and Justice Johnson acquitted the accused. Now thb prosecution b to be continued in a suit before Justioe Lynes for 8100 damages. We trust the attorney retained In thb esae win abandon it. ftie legal ity ol the arrest has been affirmed by the Mayor, and Justice Johnson has dis missed the suit for assault, and any far ther proceeding in tho matter is, it seems to ns, whoUy unnecessary. We must sustain onr police against charges preferred by the very class whose thieving propensities render a police neooessiy. When policemen exceed their authority—perform unlawful acta, or exercise unnecessary cruelty in any ossa, they should be properly punished, bnt when they discharge only their duty faithfully and properly, they should be sustained by onr oonrts and the people. The Macon ft Western train from Ma con yesterday, went '“in* to the Union Depot All right, wo hopo. Dio tiich affidavit, tbo suit «hali bo dtemtesod, it only laid down a rule of evidence, incumbent on the pteiutlff. the neglect of which will result iu tbo die- iniHHAl of bla auit, end thie rule in in coneonance with tbe others equally arbitrary aud equally dinaetroua, if uot complied with. Caee after caae involving great legal rights a few terms ago, were dismissed for non- compliance with one of the rules of this Court, and to-day, tbe failure to file a bill of cxcoptions In pro per form aud iu proper time, or to furniah tbe proper briofs, would be visited with equally disautrous con sequanoea. Mistakes lu ploatfiug or a mlsconcop- “ ^ of duty would entail tne uuno result*. The Leg- within which they must be brought, the rules of _ _ deuce governing them and too form in whioh they must be presented—aud we may hero remark that great substantial changes have beou made in the ju dicial system of our Htate, which aro recoguizcd as beneficial. Much has been said in argument as to too charac ter of this legislation as bciug sgaiust tho policy of the FederalConatltution, whioh we do not foci called upon to decide. By reference to tho powera of toe General Assembly, we find they aro invested with the power to raako such laws at they deem uecesaary to the welfare of the Htate; as to what may be the wel fare of the Htate. they are constituted the sole judgoe. Nor is this a uow power, found only in tho tiou through which wc passed, and designed to pro tect the people on tho little that had been left from e disastrous war. It was considered proper and la the Courts, would have plunged the unfortunate dob- ruin, To legislate for the pul lie welfare, which waa a Constitutional duty of tk tors still further into r o legislate for the pub- ititutioual duty of the Legislature, invoked tho very highest degroe of statesmanship. With singular unanimity they and their successors have endeavored to public welfkre and to protect toe lndivlt what oould be savod out of toe unfortunate results of war. This last Act under review la more Constitu tional as to too legitimate powers oxercised under the Constitution in view of the public welfare, than the legislative ordinance of 1W8, which has been held by this Court to bo Constitutional. In Slaughter vs. Culpepper. 36 Georgia Reports, page 27, this Court, in couMruinf the saoonn Motion of toe Ordinance of 1866, and in replying to too argument that this Ordi- oaanot think this clausa of the Ordinance obnoxious to tho objection. It does no more, really, than change s rule regulating the admission of testimony In Courts of law.” ^Wbola prepared to deny,” says this Court by a unanimous decision, ••that ths Leg islator* may not at its discretion, alter and amtad aid rules of evidence— establish new ? Who, tost it may not obliterate all distinctions which now charac terise modes of procedure In Courts of law and Courts of equity, aud to command, if thay so enact, that the broad and liberal principles upon which Jus tice is sdminlatered on the equity side of our Hupe- rior Courts, shall apply to and control ths \erdictaot Jappl Juries on ltslaw side f thei tbe legal taxes due, be- "' U sr^er I OKI tsoe, d toe mm pemotph of public welfare lneor- fnto the pwblte arts of the Htate. finding its ion In laws intended to prompt the people mHK - import to vary the obligations of oontracts, but Mm- pty to Impose hew rules of evidence by sM toh conditions arising out of ths wm may bu established by testimony. The condition into which the State waa plunged by Ike war invokes the same legislation for the pwbile welfare. Ktevety was abolished. Every •paries of property bed mingled in (he general rain. The protection of property had boen neglected by the law. The crops were mads coutrihatocy to toe Confederate Commissioners. Our people were ‘ ivfly fn debt. Tbs currency of dm united f which these debts might hare be prohibited circulation under a penalty, L Blue Ridge Circuit 6 2. Western 14 1 3. Southern “ a 4. Albany “ 19 6. South-Western” 25 6. Pataula “ 42 7. Chattahoochee “ 8. Macon “ 16 9. Flint “ If 10. Tallapoosa “ 5 11. Atlanta “ 3E 12. Rome “ IS 13. Cherokee “ ...... If 14. 15. Augusta “ 1( 10. Middle “ 17. Ocmulgeo “ 18. Eastern “ 19. Brunswiok •• 5 Tbe Georgia State Agricultural Society. Balov will be found a complete lht of Delegates appointed to tbe State Agri cultural Convention which will assemble on the 8th of August, in Borne. BiETow Oooetv—I»r. 8 W IaIedS, On>. H. Wet. n Thomas Tomlin. axeb OotmTT—Major W D Williams, W H Hog- eard, ▲ L Hawes. „ „ Baldwim Oouictt—S J Kidd, B B Adams, L Car- rl ^L CoUMTT—Phi Delia Agricultural Society—J W Pruett, D T Bush. W B Pruett-AfncuUmwl Club, Bank» County—M Van Kate*, James T Turnbull. Hmyrs Coumtt-B F Whittington, Wm Roberts, Bunas County—J J Palmer, E A Carter. E Gresh- Caluoun County—W W Colley, John Oolloy, C M Davis. Campbell Cocmr-O Winn, B P Steod, Levi Bal lard. Catoosa Couett-—f H Gordon. A OrAiuul, JM Clare Court,—Col. Vr.nk UoliEUer, Dr B D Moore. Trot LeRoy Broun. Olattoe cooett—J W Htory, Robt McCord, J M Hole. Clinch OoONTr—T U ILuiiAt y 8 U Hrltrli JI. BweRt SupniiME Court of Georoia, July 26, 1871. Argument of No. (, Southwestern Cir enit—Jas. W. Wilkinson, Ordinary, vs. Clement B. Cheatham—Mandamus from Lee, was concluded. No. 5, Southwestern Circnit, was ar gued. It b Gilbert M. Stoker vs. Howell T. Hollis—Trover from Lee. West ft Kimbrough, W. A. Hawkins, Clark ft Spencer, for plaiutifia in error. Fort ft Hollta, for defendants. No. 6 was argued. It b Randall Daok worth vs. Joseph Dackworth—Certiorari from Sumter. Hawkins ft Guerry for plaintiffs in error. W. A. Hawkins for defendant. Argument was heard in No. 7. Martha Tamer vs. Fonelope Borefleld—Now trial from Sumtor. Hawkins ft Guerry for plaintiffs in error. W. B. Guerry for de fendant. No. 8, John Outlaw vs. N. G. Christy Certiorari from Lee, was passed over on account of sickn-ss of G. W. Warwick, Esq. No. 9, b Thomas G. Bryan vs. tho State— Misdemeanor from Lee—Lyon, deGroffenreid ft Irwin, and W. A. Haw kins for plaintiffs in error. P. B. Hollis, Solicitor General pro tern., for the State. Pending the opening argument in thb oase, the Court adjourned till 10 o’clock a. u., to-morrow. Brotherly Lowe. The most touching illsutrution of Kudic&l loro for the muu und brother has been recently afforded in Missis sippi, as given to the world by tho Oxford correspondent of the Mem phis Appeal. A certain carpet-bag ger runs a low grogshop, frequented exclusively by negroes. In tne ful ness of his affection for the dusky race, he insured a strong, healthy fif teenth amendment’s life for $2,000. Coffee was then strictly sober in his habits, and implicitly believed that the policy would operate to prolong his life to whatever length he wished. The carpet-bagger next took him iuto his employment and gave him nnrestrictcd access to a barrel of the vilest “bust head” ever compounded in Cincinnati. Result—Cuffeo was dead in about two weeks and his ben efactor pocketed the 12,000. A new journal, in the Interests of the Southern Republicans, it b stated, b about (o be established at Washington. It will support the preeent Administra tion, favor the redaction of taxes, and oppose the payment of the national debt by the preeent generation. The future Emperor and Empreea of Germany were snubbed by tho Qnoen on tneir recent visit to Eng land. Her Majesty refused to take them in at any of her palaoea, and they were obliged to lodge with the German Embassador. Gii.meii Oounty—N L Cooper. Rufus Green, n R Foot. _ GonDON County—W J Cantrell, W H Bonner, R GarUagton. Queen County—Tfiomss P Jones, Rev J Knowles, W H Branch. Gwinnett County—Eli J McDsnlel, Titos U Mitch ell, Tyler N Peeples. Hall County—M R Coker, P F M Fours. Hancock County—J H Newman, B U Baxter, Frank White. Haurik County—R A Russell, R B Mobley. W J Hudson. Houston County—Col 8 D Killln, John H King, James A Hill. JurrausoN County—Dr KUW Hunter, Qov H V Johnson, J H Wilkins. Jones County—Col E C Greer, Capt R W Bonner, Sam’i Barron. Laurens County—Dr Jas T Chappell, Elijah F Biackahear, Roliin A Stanley. Lee Coubty—Rev C M Irwin, Q M Byuo, G M gtokes. Monroe County.—Geo W Adams, Louis L Pon der, Robert C McGough, Muscogee County.—Wm A Cobb, E 8 Banks, Jas M Leonard. Newton County.—Gen E L Thomas, Capt J G Paine, Hon J B Davis. Oglethorpe County.—Pope Barrow, J H Bright* well. Pierce County.—B D Brantly, D W Weaver, J C Nichols. Colapabchee Club.—D B Searcy, J E Taylor, E B Taylor. Livingstone Farmebs’ Club.—Alfred Livingstone, Col E Steadman, S J Cowan. Lowndes County.—Wm R Manning, V F Dasher, H B Holliday Lumpkin C ler, Dr M R „ _ Macon County.—M L Felton, Chxs A Walker, W A Reese. Mi lx kb County—J J Christie, Geo 8 Heard, F M Platt McDums County—John R Wilson. Geo P Stovsl, WT O'Neal. Milton County—Jacksou Graham, A W Hol combe, G. Brown. MrrcnELL County—John B Whitehead, Jamoa n Spencer, B F Brlmby, Farmers’ Cluu—Geo II Jones, J J Thrasher,Moses Richardson. Muscogee County—Columbus Industrial County Association—Col W H Chambers, Edward Stephens, W H Young. Polk County—M H Bonner, John O Waddell, A R Jones. Putnam Countt—W T Young, J T Dennis, J T DeJarnett Quitman Ootnty—John C Pittman, T G Guerry, H H Jones. Richmond County—Geo A Oates, E H Gray, Gen A H Wright Schley County—B^bt Benton, K 8 Baldwin, L E Mason. Screven County—Capt J R Cooper, Geo C Dixon, JR Humphries. Spalding County—James A Books, H M Gray, G W Grant 8 W Bloodworth, R P Johnson. Htewabt County—John M Scott J B Richardson, B F Watts. , _ Sumter County—W B Guerry, W J Reese, T D 8peer. Talbot County—L Maxwoll, R Leonard, Thomas Lumsden, J B Gormans. Tatnall Counit—JasO Esterling, C W Smith, Dr R F Lester. Teubell County—D A Cochran, John R Marshall, M L Harp. Thomas Countt—John G Deke, E T Davte, John Himbleton. South Geoboia Agricultural and Mechanical Association—B F Hawkins, B B Moore, W D Mitch ell. Trout County—John T Boykin, John H Traylor, W O Tuggle. Walker Countt—T E Patton, M Russell, Wm M Bryant Washington County—Dr H N Uollifldd, William M Moses, B D Evans. Wilkes County—T 8 Hunter, Robt Toombs Jas R Du Dose, Wm M Jordan. Wilkinson County—J N Shensolson, Wm Taylor, T Chambers. A Ainu With an Appetite. The city of Los Angeles, Cal., b just no» honored with tho presence of a most extraordinary glutton. He is a native of the Grand Duchy of Monaco, and seems to have had an eventful life. At the age of three years he could masticate coarse dried beef, nod at nineteen hod snch a voracious appetite that the Grand Duke, probably fearing a famine in hb small principality, sent him, os one of a pur chased quota, to Roumania, whence he afterward escaped to the United States. Immediately on his arrival at Los Angeles he ate thirty-four pounds’ weight of pork, pork-fat, train-oil, and tallow-candles, and subsequently consumed all the cold joints of a good-humored reslaumteur, to whom he offered a twenty-five cent stamp to oover the damage. The citizens of Los Angeles, like all Californians, have a pe culiar fonducaa for “big things," and the result b, that Instead of riding thb “big eater" out of the town on a rail, they havo taken hold of him with their aocus- eustomed enthusiasm, and now offor to book him for a “square meal” against the world. dljc (Tag Budget. 47-MOUGAT DE MARSEILLES, at Block s CAr. dy Factory. Jy2C-tf HODGAT DE MARSEILLES, at Block's Can dy Factory. Jy2G tf J6F* R. M. ROSE k 00., Wholesale Liquor Dealer*, Atlanta, Go. Bum’ Bitters and Schnapps. Also, Shafer's Ginger and Cherry r J die* at lowest figures. JunelS taugl R. M. ROSE k CO bar RUSS' St. DOMINGO UITTKltb is a moat valuable stomachic and tonic, and la a., well known, or bettor known than any other Bitters, and better established. For aala by Junel6-taugl R. M. ROSE k CO.. Broad street AROMATIC SCHNAPPS—The Aromatic Schnapps, manufactured in Holland for John A. Rasa, have no superior to the market They are known and used all over the civilized world,an ] "None know them but to love them. None name them but to praise." For aaie by B. M. BOSE k CO., June 16 taugl BroaJ tract $25.00 Saved I $25.00 Surrd' PRICES AND TEHM3 OF WII.HOTV SIIUTTLK Sewing Machines. No. 0, half-ease, pin bx 60 J10 WARRANTED FIVE YEARS BY WILSON SEWING MACHINE CO Wo wish it distinctly understood that these are our terms from which we never deviate; and we guarau. tee our Machines to have every point of excellence in the world, aud that it will do as elegant work. W. H. GRIFFIN, Gen. Agent. Jy7- 32 Peachtree 8t. THE ATLANTA Ice Manufacturing Co. 18 NOW READY TO SELL ICE AT THEIll DEPOT, At the Bridge on Broad Street, Where all orders will be received and Tickets sold. ICE SEJTT mr RJUL TO ALL CONVENIENT POINTS, TBRMSCASH All order, thould be oddrrued to EPHRAIM TWEEDY GENERAL SUPERINTENDENT. P. 8.—Orders for tho delivery of Ico at resi JEf.espectfu.Ily Holicitctl. Jy24.2w Change of_ Schedule, OFFICE MASTER OF TRANSPORTATION,] Macon k Western Railiioad, Maoou, July 12, 1871,] DAY PASSENGER TRAIN. NIGHT PASSENGER TRAIN. Leaves A'lauta 2:501* M Leaves Macon 6:05 1>M Arrives at Atlanta 10:25 PM Arrives at Macon 8:35 PM Ths above schedule goes into effect 8und«y, July 10,1871. Julyl3-Ct H. W. BRONSON, M. T. QUICKEST and best route Via IiouisvlUo. r ■ THREE daily Express trains m JL through from Nashville to Louisville, niftkin? close connections with Trains and Boats for the North East and West, 1STo Ohange of oars molt LOUISVILLE TO St. Louis, Cincinnati, Indianapolis, flilr- ago, Cleveland, Pittsburg, Philadelphia mid New York. ONLY ONE CHANGE TO Baltimore, Washington anil Boston. Quicker time by this route, and better acronmin dailoue, than by may other. Secure speed aud cotnfor when traveling, by asking for tickets VIA IftOTJISVIIjXjE Through Tickets aad Baggage Check! may be procured at tha office of the Western and At lantic Railroad at Atlanta, and at all ticket office! throughout the South. ALBERT FINK, W. H. KING, General BuperinteiidcD General Passenger Agent uiy23 ft Unfortunate DlStculty. Last week, iu a. billiard saloon in Talladega, Alabama, whilst John Bowlin and a young man named Knox were playing a game, a dispute arose which resulted in a quarrel, when Bowlin drew and cocked his pistol, and asked Knox if he was armed. At thb point >Samncl Fisher, the game keeper, iuterferred and at tempted to disarm Bowlin. In the scume the pistol went off, shooting Fisher through the lungs, from which it was not thought he could recover. Bowlin was considerably steeped in whiskey.—Columbus Sun, 25fA. George Sand, tbe well knowD au thor, is stated to be lying dangi ts- ly ilL Grave doubts are entertained of her recovery. English ritualistic clergymen want to exclude female voices from the choirs of all churches. The? are un willing to give women any chants. Pen Lucy School FOR BOYS, NEAR WAVERLY, Two Miles JVorlh of Ballimort, FJTOE nnderafgned, lately a Profoasor Wednesday, 13th. Sept’rNexl. Tbo position is highly herlthftii, and near to churches. Boys are treated as members of iW family, and required constantly to observo the de portment of gentleman. Testimonials to tlie school from the very highest sources. It has atet?*. R. M. JOHNSTON, J,20-lm Dutch Pete’s Restaurant, Under James' Hank, *8 BEEN RECENTLY FURNISHED WITH 1 No. 1 OOOK, And all other modern appliances; IS. MEALS 8UPPL1ED AT ALL ll(>ri& tv REGULAR BOARD IS PER WEEK. •V THB BEST THE MARKET AFFORDS WBA ALWAYS OK FOUND AT HIS TABLES. jnyjO-Jn, H HKMBT O. Boyr. DAKWIM t HOYT & JONES. Bankers and Brokers ATLANTA, OA., Denlcrs in Gold, Silver, Stock*, Bonds, Mortal Domestic and Foreign Excha^Kf* Railroad and other Security • Special Attention GIVEN TO COLLECTION Refer to Georgia National Dank, Atl« llta and National Park Bank, N. * aerl-tf J. S. OUTER & CO, Commission Morchn#'*’ Corner Forajrlh & Alabama St««“- JJAVX FOB SALE AND TO ABB1VE. Choice Northwwlern WHEAT. Cm AH orJ ‘" abort notice. Abo. CORN, BACON. LARD. HAY. Ac. ,jpatcMartetD Paper Mill, cut HoererJ