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