Below is the OCR text representation for this newspapers page.

i THE DAILY HUN. Wednesday Morninu Acockt 9. JR#* New Advertisements alirayt found on First Page; Local and Basinets Notice* on Fourth Page, CITY AFFAIRS. Judge Butts has bound over a negro woman lor perjury. MAYOit'B COURT. The attendance was'light, and the pris oners law. Aleck Moody was pnt in for #10 and ooata. John Winby was discharged. A riotous negro, named Williamson, was yesterday arrested near the Barracks. He resisted to such an extentlhat the use ot the club was necessary. He was tied hand and loot, and when ho got to the calaboose he was a fiendish looking sight UforgU Wnltn Railroad. Let no one fail to road the very able communication on oar third page this morning. It is from the pen of one of our ablest and best men,who thorough ly understands the whole subject about which he writes. To Printer*. Twolro newspaper chases, suitable for papers from 22x83 to 24x36, will be sold cheap. Address J. Henlv Burra, if. Business Manager Bun. TUB 1TISTRICT COURT. st’p::KM<? eouriT obcisicbs. Good Templar.' notice. Georgia Lodge No, 182, L O. of G. T., will meet this (Wednesday) evening ot Good Templars Hall, Whitehall street, at 8 o'clock. J. G. Thrower, W. 0. T. W. H. Frizzell, W. 8. * SUPREME COURT OP UKORUIA. 1. Blue Ridge Circuit 6 2. Wo3tcm “ A Bonthrrn " s 4. Albany “ 5. South-Western" .20 6. Pataaln " 42 7. Chattahoochee “ 8. Macon " 9. Flint “ 10. TaUopoowi “ 0 11. Atlanta 33 12. Borne “ 12 13. Ohcrokoc “ 14. Northern •* 0 Hi. Miiidle " 17. Ocmulgeo " 5 18. Eastern “ 19. Brunswick " 0 Hupreme Court or OnonorA, | August 8, 1871. j After the delivery of opinions, argu ment of No. 4, l'alaula Circuit—James W. Bond vs. Henry L. araves, Ex’r.— Complaint from ltandolph—'Was resumed and concluded. By consent argument was uext heard in No. 16—Bryant Collins va Bright Miller—Belief Aot 1870, from Stewart. E. G. Belted, E. H. Worrell, for plain tiff in error. J. L Wimberly, M. Gillie, n. Fodder, for defendant. By oonsont, No. 36 was next taken up. It is the Ordinary for use of E. H. Wor rell vs Charles Adams, ot ot.—Belief act of 18*0, from Stewart. B. B Worrell, E. G. Baifun], E. H. Worrell, for plaintiff in error. Beall A Tucker, M. Qillis, II. Fielder, for defendant*. Pending the argument of this case, the Court adjourned till 10 o'clock to-morrow. Stale Africaners! go. I, I}-. This Society is well organized, and is doing efficient service in the oauso of the most important of all occupations. Gen. Colquitt, ,tho President, is active, zealous and unremitting in his labors, ne is honored by our people, and worthily wean his honors. OoL D. W. Lewis lias long held the highly important and responsible office of Secretary. Ho understands all its routino, and evory lady knows him. His two assistants in the offioo— Mr. O. W. Hinkle and Capt. Malcolm John son—are both uctivo and zealous Mr. Hiukla has been moro than a year in the office, and has demonstrated a peculiar fitness for the position he occupies.— Capt Johnson has been bat roocntly ap pointed. He has not yet had the oppor tunity to demonstrate his ability and fit- nem, but we know there will soon bo ex hibited in a marked manner by him. He is n young man of first-olass and rare qualifications, whose great merits will be seen by all who come in contact with him. UliterY *f Ik. War b«(w,r. u.naaay HHti France. Br James I). McC.ue, author of “Pane by Gas Light,” published by Na tional Publication Company—told only by aubterifftiom—Solo agent fur Atlanta, Prof. J. H. C. Shumate—cloth #3.50; Library Editions #4.50. Professor Bhnmato has laid the above work upon our table, and on a careful perusal, we find that the author of “Paria by Gm Light" fully sustains his reputa tion. Just at this time while the eveuta chronicled are freeh in the memory, this work is highly welcome In it wc have pen picture* of those whose suocess has won for them undying laurels, as well as of times whose defeat and misfortunes ahum end receive our respeot Kaiser William, Count Bismark, the Boyal Princes and the iron-hearted Holtke on the one side ; and the wily sphynx of the TuiUcrios, the faithful Eugenio, thci brave MacMahuu and their followers on the otber. The writer takes us through the din of battle, through the dark sconce of war, through the bloody streets of the very Peris ho so lately deacribod in glow- ing colors with i fidelity tliut uiprenci us almost as much aa the reality. Professor Shumate is the eole agent in thia city tor this work, which is sold only by aubsetiption. He will call upon our citizens, when they will liave an oppor tunity ol examining the work for “inn *b* Pmtessria' aloe agent fer works, amour which ia a beautiful edition of the Bible. The Ml«rfltn*tlonUl# on Trlnl—Alii Ar|.mi nt .rHr, l,„ In-.Thi Ku-Hl.i bicub At kef HID Threat* vied. w Amn “ * VL The District Court yesterday woe the centre of much excitement, and a* usual on such occasions, the negroes woro out in full force. It was generally under stood that the misccgcnationists were to he placed on trial. At tho usual time the Court epenod, Judge Lawrence in the chair. The State va. H. Buddell, gaming, was orgned. The State vs. Wm. Beatte, was then taken np. The State vs. Green Martin, larceny from tho lioasc, was tried. Tho jury returned a verdict of guilty in each of the above cases. The excitement rose to fever heat when WM. HORDES, a miserably debased and brutal looking white man, who claimed to bo married to a negro wenoh. Hobbes is an old man, over 60, with gray hair; wliilo tho weuoli who sat by him was black as the ace of spades. He looked the embodiment of all the ntter and helpless dopmvity which it is possible to instil into a human being, while tho wench looked really ashamed of her companion. It was stated by ns some time since a collection was taken np ih one of tho negro chnrches to pro cure counsel for these persons. The Btato wni represented ably by CaptW. G. Irwia, District.Attorney.— Tho prisoner was defended by B. H. end A. M. Thrasher, and T. K. Oglesby, who, it is stated, have underdaken tho defence of all the miseegenationists. Tho defence moved for a transfer of the ease to the United Staton District Court They claimed that under the 15th Amend- mendment to the Constitution of tho United Slates all porsons are equal in tho eye of tho law; that they have an equal right to marry whom they please, and do what they please. They claimed that Wm. Hobbes, white, and Martha John son, colored, were legally married, nnd wero guilty of no offence. They relied on* tho Civil Bights Bill, tho Kn-Klux Bill, and other Congressional machinery, os maintaining their position, nnd asked this Court to forego action, and refer the matter te> the United States District Court. Capt W. G. Irwin, District Attorney, | in a very forcible muuncr, resisted the motion. He clnimod that all such quos tions as mnniago and contracts were ex clusively within tho purview of State law that the Court was well able to attend to its own business, and should do its duty without regard to other bodies, The Judge decided to go on with the case. After being gono into nud concluded, the jury brought in n verdict of guilty, wini/s Harris, mono, and mart hilvly, WlliTE, were then called up, on a charge of forni cation. The ThruBhsrs nnd Oglesby de fended them also. Mc.ry Silvcy is a poor, degraJed looking woman, whoso igno rance is Jior only excuse. Tho parties claim to lrnvo boen married in Tenuessoe. The point *n admit ted by the Btato. Capt. W. G. Irwiu produced a great array of authorities conclusive of the orimiuality of tho parties, even if mar ried in another State. Ju controverting the application of tho law of comity to this ease ho elaimed that where an net, performed and looked upon as valid in another State, and whioh was opposed to the interests, Jtoliey or Constitution (f Ibis State, it was not to be rcoognizod by this State at all. Suction 2696 of the Code of Oorgia says; Sometimes persons are capnblo to contract by the mw of the place of the con tract, btU incaimblc, under the hue of this Stale. In such ease, generally, tho law of the plnco of contract is enforced, unless tho circumstances show an attempt to evade tho law of this State, or tho con tract iB of such u character i>s contravenes the POLICY y oar hoe." It is impossible for law to be moro plain- lyaduptid to aeosetbuu this. No intelli gent lawyer will deny that if tho law of Tenuessoe regards as valid mixed marria ges, to recognize Unit law would not only bo to “roalrovtcv” tho policy, but the very Constitution of this State, which, in paragraph 9, section 1, article 6 (sec tion 4988 Irwin’s Code) soys: " Tho in icciage relation between white persons and persons of African descent, isforrrer prohibited, and such marriage shall be mill ami rout," * Among tbe preliminary provisions of tho Code ot Georgia is a paragraph which plainly declares tho extent to whioh Geor gia adheres to the comity of States, and roads as follows: "flection 9—The laws of other Stoles and foreign nations shall have no force and effect ot Uismselres within this State frr- ther than is pro\ ided by the Constitution of the United States and is recognised by the comity of Btates. The courts shall cnforco this comity, until restrained by the General Assembly, so long its its en forcemeat it nut contrary to the J el icy ot prejudicial to tU interests <f this S ale." And, again, in Section 1707 of Irwiu’s Code wo rcud: “Tho marring* retiitiou between white persons and persons of African descent is forteer prohibited, and such marriages shall be null and root. ” Capt. Irwin read many other authori ties, nud made an earnest, manly and pa triotic appeal lor the preservation of pub- tie morality by tho enforcement ot the law and, tho prevention ot such mar riages as tend to bring disgrace nponso- oiety anil humanity. Barton Thrasher replied, and repeated his ideas about United States Courts, noting Dick Busked’s decisions, etc. p Tho Judge reserved his decision until to-day. These eases arc creating a great deal of oxdtomcnt among the legal fraternity. We have heard, w hether the report be true or false, wc do uot say, that tlio de fence of these eases had been refused by four legal firms at least, Society and sound morality demands that this dis gusting crime shall be punished with the utmost seventir of the law. The crime is such aa to make the heart tum lick, aud we hope that District Attorney Irwiu will oootinue to discharge hia duty until the evil ia torn up, root, branches nnd alL August 8, 1871. G. W. Molt. lochbane, c. j. When in an action against a surety t a promissory note, the surety pleaded that he signed the same after it had been executed and delivered by the principals and accepted by the holder, and them was no consideration to him for eueli promise, Hold, Tlmt tho Court below committed no error ia sustaining a dcmuirer to such plea, as it was insufficient in law to bar a recovery against him without his further alleging that there was no consideration moving from tho holder to tho original promiaors for such contract of suretyship. Judgment affirmed. John Harrell vs James Picket, et a). W. A. Hawkins for plaintiff. T. If. Pickett for defendant. LOCHBANE, C. J. Tho proper mode ot bringing before tbe Superior Courts of this State, tho judgment of an Ordinary rendered in the discharge of tlio duties devolved upon him in relation to oounty mutters, pre viously investigated in the Inferior Courts, and any matters not touching the probate of wills, granting letters of ad ministration or guardianship and other wise not specially provided by law, is by certiorari and not by appeal. Judgment affirmed. S.'S. Boon vs. James D. Collins ct ul. Hawkins A Burke, and B. C. EJam, for plaiutiff. C. T. Goode, for defendant. LOCHBANE, C. J. Where tho facts set up by the com plainant do not show fraud in tho origi nal purchase, Courts of Equity wi'! not interfere to protect vondors from losses, but only in cuk s where fraud, unmixed with ucjjligenco on tho pert of tho por sons giving credit, will eqr-ty interpose its power I a aid tlio vendor in tho asser tion of his legal rights to provent the consummation of fraud. Judgment affirmed. G. M. Stokes vs. Howell T. Hollis. Woet A Kimbrough, nnd W. A. naw- kins, for plaintiff. Fort A Hollis, for defendant. LOCHBANE, C. J. Whr e uu iustrr uent was executed by a party iu tho form of a bill of sale, nnd tho languago used showed the intent of the parlies to bo the execution of a mort gage ; held, tliut in ns much as this in- strument was only a security for tho loan of money to be made by advances toward the cultivation of growing crops, that it pnssos no title to the mortgaged property nor light to tho possession thereof, so ns to autliorizo him to bring nn action of trover for the recovery of cotton grown upon tho place. Judgment affirmed. Bobert Barker vs. Bufus King, ot al. Hawkins St Burke, for plaintiff. Hawkins St Guerry, for dofeudanta. LOCURANE, C. J. Where a bill was filed to enjoin a judg ment nt law nnd praying for a now trial, and it appeared by tho answer that nn affidavit of illegality had been previously filed, and that the questions involvod ia this bill wero or might liavo been em braced therein ; held, that.thero was (no error in the Court iu refusing the injunc tion. Hold lnrdiur, tliut tho verdict of the jury tlmt the defendant was in possession of the land levied on at tho commence ment of this unit, and that the notes, tlio foundation of the suit, were given for the laud, rendered ou tho trial of tho affida vit, was an adjudication of tlio rights aud equities of, tho parties under tho relief act ol 1808. Judgment affirmed. Mary C. Stewart vs. Ben. Stewart, Ex- oxutor. O. T. Goode, for plaintiff. W. A. Hawkins, for defendant. LOCHBANE, C. J. Wlicro n married women separates from her husband nnd institutes suit for per manent rlsmony, nnd tho husband in re ply sets np by way ol cross-bill n prayer for tbe reformation of nn ante-nuptial settlement set up by her in her bill nnd by consent of parties, tbo Court reforms the instrument nnd decrees permanent alimony to tho wife, with counsel fees. Held, That the wife, in view of her sepa ration and the institution of such suit, was *»i juris and had the fight to insti tute suit for permanent alimony, and that the decree of poimanent alimony wrs a bar to her right of dower in the future iu tlio estate of tho husband at bis death, under section 1742 of the Code, and tlio decree of permanent alimony was binding upon all parties until it was set aside. Judgment affirmed. J. L. Lari in ore, ot al, vs. John Minisli. Hawkins A Burke, for plaintiffs. Lyon A Irwin, for defendants. LOCHBANE, 0. J. Whcro the plaiutiff in an action of ejectment put in o\ idencc aud proved pa per title from tho State to himself, am the defendant relied upon a statutory title under claim of right, aud there was a fa Uure of o\ idouco us to tho time of tho adverse poi session aud tho defendant was a witness under tho act of ISCfi; hold, that the question of his credibility was a ques tion exclusively for the jury. Where the facts of a case show that substantial jnslice has been done, though the charge of the Court may havo con tair.ed some error, this Court wi’’ not in terfere to set aside the verdict. Judgment affirmed. M. M. Smith, ct ul. vs. W. N. Magourie, et al. Peoples A Howell, for pluiutiffs. H. Buchanan, aud G. N. I,ester, for defenants. LOCHBANE, 0. J. Where under an act of the Legislature, a new county was organized, and tho voters were required to fix the county site by ballot; and iu casting their ballots various iffacee were designated, which the oommissiouers appointed by the Leg islature and the Ordiiniy elect, from their contiguity to each other, held to be one and the same place, aud consolidated tho various votes, which by adding to gether gave a majority over the "centre of the county,” which was also voted for, iuid such commissioners proceeded under the act to lay out town tots and offer them for Bale, and other parties dissatis fied with their judgment brought a bill of injunction to enjoin such commission ers, aud tho Court below granted it, and upon the hearing various affidavits were road, and several witnesses testified that those places were not the same, and a ‘much larger number testified that they were : Held, that under tho facts of this ease, the Court of Equity had jurisdic tion, at the instance of the citizens of the county, to oujoin tho commissioner* from doing what they alleged to be uu illegal act, which would result in injury to them. Held again, under tho facts of this case, that tho question of tho location be ing a question of disputed fact wo cannot say that tbe Judge violated tho discretion ited in him by the law, in granting tho injunction, and we therefore affirm the judgment of the Conit with tbe following modification ami direction, to-wit: that the place selected by the commissioners and located by them, shall remain os now located as tlio pluoe for the transaction of the county business by thu officers of said county•. bo may make such orranf^j- meuts iu connection with the commis sioners for the holding of Courts, an may lo them seem prper, till the final hear ing of this case. Judgment affirmed. Thomas G. Bryant vs. The State. Lyou, deGraffonreid A Irwin, W. A. Hawkins, for plaintiff. P. B. Hollis, Solicitor General pro torn., for defendant LOCHBANE, C. J. An indictment is sufficiently technical under section 4128 of tho Codo, that charges that the defendant “did in 1870 employ tho rervant of one PhiUip West during tho t ini for which be was em ployed; knowing that such servant was so employed, and tliut Ids term of service was not expired. Where tho Court let in testimony of the previous employment by the defend ant, though before tbe end of tbe, and not in wilting, it was error to charge tho jury that such previous contract was no justification, inasmuch as that, ques tion was ono for tbejnry under the facts. When ono was employed by tho prose cutor to bring other hands with him to his plantation and superintend them. Held, That such employment did not constitute such porsou a servant within the meaning of the act McKAY, J. A contract that one was to furnish a lot of bands to work a crop, and that they wero to receive a third of tho corn aim a fourth of tho cotton, and that ho w: i to superintend and overseo tho things an.1 got $150 extra, was not a contract of service undor section 4428 of ho Bevised Codo. WABNER, J. The demurrer to the indictment in this ct to was properly overruled. When a man has employed a servant to worl for him for any definite period of timo, and another man, knowing of such employmout, employs that same servant for and doling any portion for whioh tlio first employed him, ho is guilty of tho offence of employing the servant of another within tho truo intent and meaning of the law. I concur in the judgment of reversal ia this case, on the tho ground that the court below erred in bis charge to tho juiy in relation to tho prior contract.— That contract should have boon left to the consideration of the jury, to show a want of criminal intent on the part of tho defendant to violnto tho law. Judgment reversed. Gilbert M. Stocks vs. Duncan A Johnson. Buwkins A Burke, F. H. West, for plaintiff! Hines & Hobbs, for defendants. McKAY, J. Held, That there was nothing in the letter ot Stocks, of October 15, to bind him to sond to Duncan St Johnson the wholo of tho cotton crop in question, snd that the court erred in charging that ruder tho letter Stocks was bound to send it, whether it was made or not Held, That the verdict of tho juiy is sustained by the evidence. J udgment granting anew trial reversed. A. B. Baiford, Sheriff, vs. B. K. Taylor. Hawkins A Banks for plaintiff. J. A. Ansley for defendant McKAY, J. Wlicro a sheriff had levied on personal property and had turned it ovor to a third S ai ty on his making the usual claim affi- avit and giving to tho sheriff a forth coming bond, blit no bond for costs and damages, and tho claim was dismissed ou motion of plaintiff in fl. fa., Held, That it was not oirur in tho Court to hold the sheriff liublc for the valuo of tho property levied ou. Held, It was no error in tho Court to order nn issue to be mudo up and tried as to tho value of the proporty levied on, in the absence of the answer of tlio officer which contained nothing ss to tho valuo of tlio property, tho samo having been mislaid. Judgment affirmed. Reuben J. Allen, ct n'., vs. E. G. ami T. J. Brown. noyle, Fielder, for plaintiffs. Wooten for defendants. McKAY, J. When A being fairly indebted to B in discharge of tho debt sold him tho north half of n lot of land, nud A being indtfiit- cd to others, it was agreed that B should take a deed to tho wnolu lot, including the south half, nnd tho deeds wero so made, nud A afterwards sold tho wholo lot to C, who had notice of tho contract between A and B: Hold, That tho eontraet for the two halves being severable, tho fraud as to tlio south half did notvitiato the contract ns to tho north half. Ladd A Wilson vs. James Jackson, Ad ministrator. Hawkins A Burke for plaiutiffs. Lyon A Irwin for defendant. WABNER, J. This is nn notion of oieetant brought 1 a recover possession of a lot of land on the demlsoof A. J. Lamar nnd on the nmemlcd demise of tlio guardian of tho minors of A. J. Lamar, against tho defendants. — The adverse possession of the laud by the defendants nud those undor whom they olaim, commenced during the lifetimo o." tho intostate. The administrator ou his estate was appointed in 1850 and the guardian of the minor children appointed in 1854. Tho action was commenced in June, 1863. Tlio Comtohargod tho jury that tho statute of limitations lind begun to run as against Lamar in 1847 and up under the provisions ol the Homestead Act of 1868, ncquin-d any title to the proporty set opart to them" for a homo- stead, as against the title of the asaiguc-e and Ihoee claiming under the sale by him. Although tho solo, mode by tho assignee of the land, may have been irregular nnd void, still if the title thereto was vested in the assignee of the bankrupt, from the time he was declared a bankrupt, the complainants acquired not title to the lend nuder ilie Homestead Act, which would have authorized them to recover it from the possession of the defendant. Til# jury, under the charge of tlio Court, found fur the defendant; to which charge or refusal to charge, the complain ants excepted. Held, That on the statement of tho fuels disclosed, there was no error iu tho charge, or rofusal to charge; that the set ting apart of a homestead to complain ant out of her husband's property, after he was adjudicated a bankrupt, conferred no title upon her to that property or against the assignee and thoie claiming under him. -If the sale by tlio assignee was irregular and void, still the title thereto would bo in the assignee nnd not in tho compLfimint; and she could not rocover the land from defendant. Though he may not have a good title. Judgment affirmed. LOCHRANE, C. J., concurs for the same reasons. McKAY, J., uouou-8, though not exactly upon tho same reasons. The right of tho wife and children to a homestead ont of tho property of the husband is no such lien ns follows tbo property into the hands of a third person, who require a title before any application is mado for homestead out of it; and if the husband is declared u bankrupt be fore the application is mado, then that is a mutter for tho Bankrupt Court. J. E. Loyless vs. Thomas K Black shear, et al. Wooten for plaintiff’, Hawkins for de fendants. WARNER, J, John T. Walkor, on tho 26th of Janu ary, 1859, convoyed land to P. H. Mills, trustee for Martha Mills and her children, in fee Himplo. P. H. Mills died, and his wife married liaydon, who, as her trustee, and with her written consent, on the 5th January, 1864, obtained nn order from the Judge of tho Superior Court to sell said estate, and after paying the debts against the same, to reinvost the balance of the money for tho benefit of said trust estate. The children wero not parties to this application, and nre not named, eith er in the petition or ardor for sale. The defendant derives his title under that sale; the children in this proceeding ap ply for said land. On tho trial, the defendant moved for a non suit on the ground that tho deed from Walker to tho trustee of Mrs. Mil’ and children created a life estate in her to tho property conveyed, with an estate in remainder to the children, sho being still in life. The motion was overruled. Tho dofeudant offered testimony to show that part of tho pnrehrso money of Mrs. Raydon's part of tho cstato was ap plied to tho payment of debts of tho es tate and the rest invested for the benofit of her and children. This testimony was rejected and defendant excepted. Under the direction of the Court, the jury found for complainauts, and dofond ant excepted. Held, that the motion for nonsuit was properly overruled. Held, also, that only such children of Martha E. Mills who wero in life at the time of tho execution of tho deed by Walker were entitled to recover. Held further, that the purchaser nt tho sale of suoh lands purohased only the i n terest which Mrs. Mills had iu it. Held again, that with tho proper allc- gations in defendant’s plea, he is entitled to the samo equitable relief iu a Court of Law, under our Codo, as he would be in a Court of Equity, in relation to the pay meat of tho dobts of tho trust estato, from tho procoods of tho solo of tho moth or's part, and the reinvestment of tho balance for the benefit of the children. Jadmcnt reversed. Tax Receiver of Richmond County vs. The Augusta Factory. McLaws & G&nahlo for plaintiff; Hull A Miller for defendant. ful and the sheriff having apparently acted in good faith. Judgment reversed. LOCHRANE, C. J., concurs. WARNER, J., dissents. My opinions in regard to tins class of legislation have been frequently e-x- pressed, and it would be a waste of time to again repeat them. I shall therefore merely direct the Clerk to outer upon the minutes of the Court my dissent from this judgment, so that those who come after me mnv see by tire records of the country that I have been faithful to the Constitutional obligations imposed upon me by tlio supreme laws of the laud. ATLANTA MIAMHIRl 1)1-' COMMERCE. AtlMiila will no longer l»c Huie«l by Monopoly. (prising of the Business Community. to his death - in 1848, and that it stopped to run during tho minority of tho chil dren of Lamar. The point in tho eoso is, whether tlio infant heirs of Lamar wero bound when there was an administrator of the intestate and gnanlicu of the mi nors, who could havo sued for the land during their minority and failod to do so within tho timo prescribed by law: Held, That inasmuch as the title to the land vested in tho minor heirs of tlio in testate at tho timo of iris death, tho stat ute ceased to run against them during their minority. Judgment rIff ruled. F. E. Lumpkin, ct al., vs. W. T. Eason. Hawkins A Buiko, Cook.'Blamlfon', Smith nnd Hudson, for plaintiff*. O. T. Goode, for defendant. WARNER, J. This is an action of complaint instituted by Mrs. Lumpkinand her children to recov- er possession of a tract of land ou the 9th No.v,!1868. J. T. Lumpkin, the husband and father of complaiuts, was adjudged a bankrupt on tho 28th. Assignees were appointed to take charge of the property of tho bankrupt, and dispose of it accord ing to tho Bankrupt Aot The land was sold by the assignees, snd bought by Crawford, who convoyed it to tho defen dant On tho 12th of December, 1868, the laud in dispute was act apart by the Ordinary as a homestead to Mrs. Lump kin and her children ont of tho land of her husband, who was then a declared bankrupt; and this is her title to tho land. Uudcr the provisions of tho 14th sec tion of tho Bankrupt Act of 1867, all tho property of the bankrupt vested in the ■aiigaoe from the time of tho ooumcuoc- ment of the proceedings iu bankruptcy, except such property as is specified in the act, snd such other property as was exempt from levy and sale by the laws of this State in the year 1864. The question in the case is whether tho complaints, WARNER, J. This is a bill filed by tho Augusta Facto ry ng&inst tho TaxRccoivcr and Tax Col lector of Richmond county, praying for an injunction to restrain tlio assessment and collection of a tax whioh the com plainant alleges to bo in violation of the tax laws of the Btato. The Receiver as sessed tho capital stook of the Company at #1G2 per snare, on its 6,000 shares of capital stock, and ns the ad valorem or market value of tho stock on tho first of April last, whereas tho complainants al lege that said Augusta Factory being an incorporated company, was bound only to return and pay a tax on #600,000, or $100 per share on its 6,000 shares; which iujunction was granted and tho defend ants excepted. Hold, that tho Augnsta Factory, an in oorporated company, is liablo to a tax only on the whole amount of the capital stock of the company paid in and uot on the market value thereof. Hold, a'so, That tho Augusta Factory is liable to the payment of all legal tax on tho property owned by it as an incor poration, which is not included as a part of tho capital stock and constitutes no port thereof. Judgment affirmed. LOCHRANE, C. J., eonecs for the sme reasons. KcKAY, J., dissents. By Section 813 of the Code, tho several corporatod or unincorporated oompanios in which there is no other special mode of paying taxes provided, are taxable at tho Bamo rate, as other property, but the assessment as to ho mado on the whole amount of stock paid in. Bat as the constitution adopted since this clause of the Code became law, provides that tax upon properly shall bo oil valorem only and uniform upon all spocios of proporty taxed, and os the mode of taxation pro scribed is not ail valorem, since it fixes aa arbitrary value thereon, nor uniform, since that is uot the way other property is taxed, said sections, in my judgment, ore repealed, as inconsistent with the constitutiou of 1868, Seoond. Companies oorporated or in oorporated, except where the State by contract has otherwise allowed, are now to pay a tax upon tho whole amount of the taxable property in their possession, tike individuals, the value of their prop erty to lie ascertained in any way best calculated to attain that cad. T. B. Myers vs. D. H. Wilcox A Sly. Crisp A Goode, for plaintiff. Ansley for defendants. McKAY, J. Where a judgment was obtainod in Scliley county on 25th October, 1870, on a debt contracted boforo 1st of Jane, 1865, upon which an oxocntion issued and the iheriff failed to raise the money, bat received from tho defendant an affi davit that the taxes luul not been paid on the debt, together with a claim of offset and recoupment, according to tlio act of October 13, 1870. Held, That it was error in the court to hold the sheriff liable for tho money ho failed to raise, the proper construction Thu movement sot on foot soverol weeks since for tho organization iu this city of a Chamber of Commeroe, is now a happy success. Tho ncoessity for Bach a body lias long been transparent, and every day tho mercantile interests of onr city were being paralyzed by a discrimin ation in freights, submission to which would prove suicidal. Tho question of fair freights is one of vital interest to every business community and one upon which the successful establishment of wholesale business depends. Atlanta lias now arrived at such a period that a sys tem of unfair discrimination can no long er bo tolerated. But bow remedy this, aud many other evils, from which we unfortunately suf fer? There is but one—organization. United and presenting a firm front we can do mu oil that to individuals would be impossible. The history of other ci ties afford striking examples of tho ben efits derived from organization, and none more clearly than tlmt of St. Lonis, now grown so prosperons. There was a pe riod ill her city when, ground down by railroad and other monopolies, the future seemed dork indeed; but her business men organized, and succeeded in re moving the obstacles in tho path of pros perity. It was through this v*ry organi zation that the first furnace was heated iu carondelete, and, consequently, from it St. Louis states her now magnifiount hardware trade. Theso facts wero tho occasion of tho re cent meeting at tho Skating Rink, where it was determined to organize a Chamber Commorce. An adjourned meeting was called for Monday evening, tho 7th of August, at the City Hall for final organi zation. At tlio appointed time there was assembled an unusually largo number of business men, who evinced a deep ear nestness in the movement. All lines of trade and labor were represented, and all seemed equally interested. Col. W. M. Lowery took tbo Chair, and Capt. M. E. Cooper acted as Secretary, when tho Chamber organized by tho adoption oi the following: CONSTITUTION. Tlila Anaodsbon Hliali be kuowu aa tue “AUautR Chamber of Commerce." ARTICLE II. Tho object of this Association shall be to collect anti record such local andgoncral atatiatical informa tion relating to tho manufacturing, atatiatical, com mercial and financial welfare of the city of Atlanta, and especially to protect, foster and devolop the com mercial, manufacturing and other industrial interests of taid city. article m, Any person a resident of Atlanta, or of Fulton county, Stoto of Georgia, or any firm or corporatou doing business within said limits, if recommended by a uicmlxir of tho Association aud elected by th© active member upon p - prescribed iu the by-laws. ARTICLE IV. Section 1. Tho officers of tho Association shall bo a President, six Vico Presidents, a Secretary aid a Treasurer, who Rhall be elected annually on tho first Monday of August by a ballot vote of the members of the Association, and who shall serve until their successors shall havo been chosen and qualified; Pro- vido!, The Secretary aud Treasurer shall l»o chosen by tho Board of Directors. Suction 2. A record of the names of tho inombcrs of the Association voting at the election of officers shall be mode as their ballots are deposited,and entitled to vote who Is in arrear of his dues, ARTICLE V. Soction 1. Tho officers of this Association shall of the Association, and shall judge of the nua'fflca- tion of applicants for membership, aud proscribe such rules and regulations as they may deem expedi ent and necessary for tho government of the Associ ation, and for carryiug out tho object of the organisa tion. Section 2. The Board of Directors shall have power U) fill any vacancy in tliolr Board which may l>c occa- aioned by the death or resignation of a member. ARTICLE VI. This Constitution may be altered or amended by a vote of two-thirds of thu members present at any regular or special meeting of the Aa»«>clation called for the purpose; Provided, That a notice in writing of the amendment or alteration proposed shall havu been submitted to the Board of Directors ono mouth prior to the mooting at which the amendment teration Is to bo considered, aud a copy of the pro posed change posted in the rooms of the AssUdation at least ono week prior to action thercou. The following by-laws were also unani mously adopted: BY-LAWS. Section 1. The President shall preaidu at all meet ings of tbu Association and of the Board of Directors, aud ahall call such special meetings of the Associa tion as ho or tho Board of Directors may deem expe dient, or as shall be requested In writing by at least ' -s of the Association. ------ In the absence of tho President,a Vice Proaldout shall perform his duties iu order of seni ority. Section 3. Five members of the Board of Directors shall constitute a quorum for tho transaction of busi- Hcctioo 4. Tho Sooretary shall keep i cord of all meetings ' “ Board of Directors; h« menta pay the Section 12. In c ,, derision or action of th« Board < month's notice shall be givra to tlio Chamber, and «aid appeal, if sustained by three members, shall be voted upon by the Association, but shall not reverse buch derhdou or aetten except by a two thirds vote of all tho members present when flual action is u. ken. Hection IS. Any amendment or alteration proposed to these By-Laws must be hubmitted in writing to the Board of Directors, who ».h«n post the same iu the rooms ol the Association two weeks prior to final action thereon; after which It shall become a br-law present. 1 UCJ L/ * two * Ullrd vot * °t the member* omcjutH. President Major B. IS. Crane. 1st Vice President—W. J. Garrett. 2d Vice President—J. 14. Tames. 2d Vice President—A. Leyden. 4tfi Vice President—Wm. A. Moore 6th Vice President—J. J. Meador. C'h Vico President—C. A. Pitts. MEMBERS: WM Lowry. a TO, •) •*?“*>. H V Saul, . BBCrew. EiLawnh,.. ACIadd. VllVek, a t. » Henry Bankr, A D Adair, It H Land, W H IjiuBde.il, E WUiams. Jr.. W F Hteket J H Oliver, P Dodd, Wm II Howe 1 1, A O M Gsy, J D Wing, O H Jones, Wm Bich, M Rich, II Ilich, J Norcross, 8 DeWald, 8 O Hitchcock. W H Fuller. J H James, B E Crsue, O A Pitts, Jas J Meador, W J Garratt, Jos F Alexander, J C Kimball, U H Witt, B F Longley, J C McMillan, G B Adair. A Leyden. Frank K Block. R H Goodman, Wm Hamilton. Arnos Fox, W T Akers, D H Dougherty, Thos Carr Broiighall, K A Ituther, ?ys acentcing to the Association, and te the Treasurer, taking his receipt ------—^ all committees of their appointment, and shall conduct the official idencc of the Association, and perform Buch services as may be agreed upon by himself and the Board of Directors. Bcction 6. The Treasurer shall rccaive and toko charge of all moneys accruing to tho Association, and shall pay this out on warrants drawn by tho President and conntereigned by tho Secretary. Ho shall keep a regular account of all moneys received anti exi>ended by him, and shall make a scmi-aunual report thereof, iud such other reports as tho Board of Dimeters may require. Section 6. The Seen tary »»»d Treasurer shall give for each member two dollars, entitling each member who has paid up his duos to ono vote. Section 8. The regular meeting of the Chamber shall be held on tho first Tuesday of every second month In tho year, ami special meetings whenever ‘ il for, as provided in Miction 1, and seventeen jbers shall constitute a quorum for the trausac- tiou of business. Section *. The Board of Directors rhall meet in regular session on the first Monday of each month, at such hc-ur as the Directors may determine, and special meeting* of the Directors may be called aa frequently as tho Prusideui or Secratary may dram 111 MldJletou. Wm Titlehanm, TL Langston, J M Borrougns, H 8 Edwards, J U Mecaslin, D Rich, Jno H Flynn, Darwin G Jones, A Jordan, A J West, John 8tephon0, H A Fuller, Isaac Bobiusou, E P Chamberlin, B J Lowry, Jacob Elsas, »» A amort*, II C Sawtell, C L Bedwino, M fc Cooper John K Wallace. A large number will give in their names before next meeting; in foot,’ wa liavo not yet lieorff of a single business ***.. wbo does not propose to join it And from tbo largo number whose names aro already given in, we augur for tbe At lanta Chamber of Commerce brilliant sneoess. Maj. Crane, tbo President, is a mem ber of tbo Aim of Williams, Langston A: Crane, ono of oar boaviast wholesale pro duce bouses, and well qualified by bis business tact and sound judgment to dis charge tbe duties of bis office. Tbo some, in every respect, may bo said of Capt. Garrett. John H. James is a self-made man, wbo lias risen from a very small begin ning to tbo position of one of our wealth iest men; this by pursuing a legitimate business upon tlio principlo of strict in tegrity. Maj. Leyden ia ono of onr most suc cessful and highly esteemed commission merchants. Mr. Mooro is of tho firm of Moore St Marsh, the great pioneer wliolcsalo dry goods house in this city. J. J. Meador, tho Tobacconist, is also a successful business man, of fine reputa- tution and good standing. Judge Pitts is of tho firm of Pitts, Cook St Co., contractors and builders, nnd manufacturers of Cotton Presses and oth er farm supplies, wbo is woll known and highly ostoemod. Tbe selection of tboso first class busi ness men for officers, wbo also composo the Directory of tbo Hoard, ia a good It shows that tbo merchants and manufacturers of this city are in earnest, and will not stop short of making it a grand success. COMMERCIAL FINANCIAL Ago COMMERCIAL.. Officb op Atlanta Daily Sun, ) Atlanta, August 8, 1871. ( No change to note to-day. Cotton—Is rather woak, and is now quoted at 17j@17|. Ghais—Corn by car-load 90@95 cents. Wheat—Bod #1.50; prims white #1.60(2', 1.70. Oats 65(ni70. Bye $1.00. Barley $1.00. Bacon—Shonldcrs 8o; clear rib sides 10c; clear sides 10fe; canvassed bams 14 @17c; bulk )o lower. Lard—Barrels 121c; kegs and cans 13 (5,14 c; bulk lclowor. Flour—Superfine, $5.75; extra, $7; family, $8(38.25; fancy, $9. Meal, etc.—Quite an aotive demand oxists, and many orders arc received from a distance. Corn meal per bnabel $1.00 Bran, per cwt„ $1.00. Oats and wheat meal, per bushol, 80s. Groceries—We quote A sugar at 144c; extra C 14c; yellow C 13(n l3tc; fair to cboico crushed, powdered and granula ted lojo; brawn 12(a!13c. Bio ooffeo 17(a,19c; Java 26e; Laguira 20c. Mo lasses, in barrels, 36c; New Orleans primo 70c. Liverpool salt $2.25; Virginia salt $2.25. Rico 10i(a,llo. Ginsing 12(3t22e. Candles—sperm 18o; adamantine 12i(s 13)c. Pepper 25c. Race Ginger 15c. Storeb 8c. Cigars, domestic, per thou sand $22(u 40. Teas—Green tea #1(« 1.50; block 90c(31.25. Soap 6(3ll0e. Crackers 6(3)150. Country Produce. — Batter 20(5 30; eggs 15@25c. Cement and Lime.—Market brisk. Cherokco lime 55c; Chewacla 60c; hy draulic cement, per bbl., $4; James Riv er, $4; plaster of Paris, per bbl., $6. Hav—Moderate. Primo clover, per too, $30; Tennessee, $30(gji3 ; Timothy, $32(0)35. Tobacco—Low grades 55(a)G0o ; com mon, 58(^65; good, 75(^90; fine, $U<£ $1 25, choice brands, $1 2501 50. Prints.—Allens, 101; Sprague 11; Paciflo 11; Lancaster, 101 ; Wamsutter, 7i ; Mcrrimacs, 10) ; Garner, 12i@15. Hardware.—Nails—lOd to 60d#4.70 8d $4.95; fid $5.20; 4d $4.76; 8.1 $6.70; finished, all grades, about 15c lower.— Iron—Swede 7e; horse shoe iron 7c; City Mills and Pittsburg bar 6c. Live Stock.—Cattle—Tcunossoo, 2|(« 4fc; country, 203(c; sheep—country 2(5 3|c; Tennessee, 4c; shoats, Gto5(c. PTC * 10 Ik* Secretary alull be UriOlf tmyUaOial, R&d only tbe RpgregR'.e of each report* shell be public. Isocfll and nusliieNH NotIooh #- Nougat do Marseilles, at Block's Candy Factory. jy29-tf •ar Nougat do Marseille*, at Block's Candy Factory. jy29 tf