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onslitution.
Trrms of Snbici Iptl-n :
weekly oojmrrcnosi per mu P «
AU retocrlptlol". tre payable MiieUr la ednace
eod. elTOemrptnxje of the Use for wUck pajaieot
■ oak aalerr prertoaely reeiwid, the on* of tbe
ratecrtker will be eerleken IM oar book*.
per Claw of Tea |IS 00, aod a copy of tbe paper
■eat free to the rr'trr-ep.
ATLANTA, GA., TUESDAY MAY fo.1872
The Orffelev Ticket.
TW end Drown nominal
rr»r-»tinp’* liv.-Sy riiwusrinn *11 oxer t
Vy. TUe omm-llls nf
8 mt -cm prew* ‘T'fe 3
THE WEEKLY CONSTITUTION.
VOLUME V.l
DUC lilOSS
ATLANTA, GEORGIA, TUESDAY. MAY 14. 1872.
INUMBER 6
»5Tjr«f « r i'*'* r <
cH :
N” rili in4 W<«r. T!i«*nt>nt:tniu*n h*sfak**i
n .!«* j» !.«»!• 1 n'rofiff mv»y «>f b./b parlies,
Dsm cr itic mH R^puWicm
We !»*vl a private letter yesterday from
Whitfield c-rarity from ft gentleman who bad
taken l!te trouble to cant am the sentiment
of the l*adinf ra«m; oik! be writes That the
Democrat* there gmerol’y arc for the Greeley
ticket
The New York Herald, whose policy is to
be on the winning *Ulo always, m an nnfaii-
ir»f weathercock of popular sentiment,
*;><*-< 11 of Greeluy’s el -ration to tbe Pr**si-
de.icy im beii'j? ” a possible if not a proliable
event,” and winds np with the pledge that if
Greeley **«Toid» certain fallacies that have
emharr u*c«l ihe u-'tfulncss of bis career”
it will support him.
The Mobile Itefister, a very ultra Demo
cratic paper, tbn-* speaks:
*• VVe lr*.re all along 1- c’ared otr belief that
the Cincinnati Convention w»»uh! he a dtgni-
fi—«• and flisere'-t body; for npot» rich di«cre-
Jion and lihjtiiv in no sm*!l degree rested its
Influence upo.i tii«* voter* of the country The
convention lets n»cl and noted, and we see no
renom to rnrr-.-t oqr pronh'ry in any rnwl.
<*' injured with ! ite U?j oblicnn cmvrenM' n*-,
Stre and National, ilic Cincinnati meeting
Inn the divrriiy of a IVin.n Senate; ami its
discretion baa probably l»een sorely irb-d and
fully proven by the abandonment of *<*c-
lional fav-uitrs and the earlv com bination
ujern the mos l available man.”
The opponent-* of Greeley are try inf to
k II him OMt with ridicule.
One cause off trouble seem*' to be that a
straight out Inrg-rin is Mid to hive been made
bcwrvw Greeley's friends and Graz Brown,
by which Brown renirtd Greeley’s and his
own noudnatloii. The Cincinnati Commer
cial li da remarkable leader the very morn-
inf of the day of nomination, predicting the
movement that resulted in Greeley and
Brown’s success, and warning tbe Trumbull
men that they must unite with Adams to de
feat ik The Western papers are full of this
•Urged plot, and it seems to hsvo alienated
some of tbe friends of Greeley^and Brown.
One of tbe most curious features of tbe
discussion is tbe diversity of Democratic
sentiment about the various candidates for
the nomination. Some journals favored Da
vis, who decided to sustain tbe If iseouri test
oath and to a Republican office bolder, and
condemned Adams and Greeley, and Tram-
bull, who are not a bit worse than Davis.
Others indorsed / dams, while condemning
Trumbull. And so it has run. Democrats
differing as to who of those Liberal anti-
Grant Republicans were orthodox enough on
constitutional government to give Democratic
support to in certain contingencies. And we
sea that extreme men appear to have been
aliout as ready to unite on some certain Re
publican, who happened to please them, as
the more moderate.
We have not baen disposed to make classes
among the Liberal Republicans. Like Mr
Stephens, we bailed all men as allies who are
against-the heresies of centralism and for a
constitutional government, without regard to
their antecedents. We only require them to
be honest
It to lie present purpose to which we look.
Greeley to less objectionable than Grant,
but not so desirable as a pure Democrat
Ik tween Greeley and Grant we wool! advo
cate Greeley all tbe time, particularly on a
platform asserting tbe integrity of tbe Con
stitution.
If tbe election of a Democrat to possible
we want him. If it Isn’t we think Greeley
is beyond all comparison preferable to
Ulyrses.
We had better think a little before deciding
the plan for the Democracy.
The Cw*s of Clothing.
The speech of Hon. James II. Slater, of
Oregon, delivered in the House, contains the
billowing interesting table, which shows that
the actual customs tax on forty-six dollars
worth of clothing is something over twenty-
three dollars:
tVetof cost of wool cloth ready made fit 00
Doty S3 j**r cent 4 IS
Coot without doty 7 84
Fair of woolen pan a ready mad- C 00
Doty 53 per caw . 314
Coat without doty 3 93
Knit drawer* at d undershirt of wool. 3 OS
DatySISSper cent 140
Coat without daty 1 GO
Tool hat am
Daly SI 3-8 per cent ... 1 15
CM without duty 1 85
Vr«’ of wool cloth 4 00
Duty 53 per cent. 1 39
Coat without dnty
rent - --
Duty I
Coot without dot-
Coat without dnty
Twmt* yard* of calico at 15 cants
Duty S'per rent.
Cost without duty
Tan yards delaine* at S5 cento
Du y S3 per cent
Coat wirhou* duty
One pair t n pound all-wool blanket*..
Duty luljtf per cent
Co-t without dnty
Twenty yards cwnn n wool carpet—
Daty taper cent.... •••••
Cast without duty
Total coat
Total daty
liPIlBUK O'CUT OF GEORGIA.
portion «f wnr j De’ 9,red at Atlanta Tuesday, May 7, 1872
•w-rday. The di- *xcTrMWLv vox tut. atlant* coxsti
II i* equally wide toy ion, by r.gxxr r*rx«oir, nmn
COCKT acrorrBR.1
Total cost without duty 46 97*
This table merits public attention, and to
most respectfully submitted to tbs gentlemen
now engaged in instructing Congressmen in
rslation tv tariff matters.
The total number of polls reported in 1871
was 165.316, of which 98,157 arc wh tc and
67,159 colored.
Chatham county leads with 4,761; white
3,239. Fulton, 2,6 9; white, 3,318. Hous
ton, 24128; white only 796. Richmond
2.604; white, 1,985. Washington, 2,3$4
white, 1,203. The smallest to Colqnilt, 806.
The professional men number 2,333; den
tists, 111; auctioneers, 28; dagnerrian ar
tists, 50; ten pin alleys, 7; billiard tables,
124; blind folks, 114; deaf, 61; dumb, 71.
Fulton leads in professional men, having
143; Chatham. 86; Bibb, 61; Richmond,
68; Muscogee, 59; Troup. 48.
The net tax paid in by Chatham was $$2,
829 67; Richmond, $50,527 S3; Bibb. $28,-
799 12; Muscogee, $28,174 78; Fulton, $45,-
363 68. The smallest amount paid in was
$572 by Rabun county.
The Clerk hire of the Legislature was
$8,169.
We shall continue oar quotation of sta-
Ji»bn Thompson vs. Thomas J Heard Gar
nishment, from Elbert.
WARNER, C. J.,
In this case. Heard was served with a sum
mons of garnishment at the instance of
Thompson, a creditor of Frchesscr, requir
ing him to answer what he was indebted to
Fi*chesser, or what clL-cts he hid in hi*
hands belongmg to him. Heard, the
nishee, answered that he had in his hands
five hundred dollars in gold which was placed
in his hands to indemnify him against any
haui or damage he m’ght a attain in going the
security of Fischesser in a br*il case at the
instacce of Thomson against Fischesser;
that, l»efore he was exonerated and relieved
from bis anratyfchlp, he was served with the
summons of garnishment; that, since the
vice of the garni'ibi»*-ut y he had lieeu sued by
one Margaret Flschcsser for the said five
hundred dollars in gold, wlrch she claims to
be her property, which suit is now pending in
Elbert Superior Court; that the bail proce s
against Findiewerurn) 1*-«m .iisini**ed. Upon
tlih nn-wer of the gumi U^e, Hit* ’
mov d the court 10 t-mr up
the five hundred dollar* in j- Id, which mo
tion was r.-fusal, and the p'ainriff r\< epted.
The aarn -hee does not a lm t in Ms answer
that he f, i i<kb!**d to r'iichcwsfr. or that he
hud any ».ff c - in his hand* :-» longmg to him,
bjf states im; fuel that the money was placed
in his h>in «is to indemnify him as security
for Fidchtxscr on his bail l>ond without,
stating who placed die money in his hands.
In our judgment, it was not error in the
•o’trt below, in reusing U» order a judgment
to be entered against the garnishee on the
statement of facts contained in his answer.
If tlie plaintiff bad tiiougiit proper to do
so, he could hare ’ravt-rsed the answer of
the g rniebec and have tdiown that the money
in his hands was the property of Fischesser.
L‘ t the judgment of the court below be
affirmed.
Robert Toomlta for plaintiff in error.
J. D. Mathews, co>U a.
John B. Latimer v«. S. A. Lane. Equity,
from IIuncock.
WARNER, C. J.
This was an action brought by the plaintiff
against the defendant to recover the sum of
$3,125 <K) for five hundred acres of land known
as the Tye place, the plaintiff alleging that
the defendant fraudulently represented to
him that he bad the title to said land, that the
plaintiff on the 14th day of January, 1808, paid
to the defendant tbe said sum of $ \125 Oo
for the land, and that the defendant bound
himself to maka a title thereto within a
reasonable time, which he has failed to do,
that at tbe time of making the contract the
defendant did not have the title to the land,
and this suit was brought to recover from ths
defendant the money paid by the plaintiff
therefor. On a former trial of this case in the
court below, the defendant plead that the con
tract for the sale of the lend had been re
scinded by the fraudulent conduct of ths
plaintiff, and tlie jury found a verdict under
the charge of the court for the defendant
The case was broucht before this court and
the judgment of the court Mow was reversed
for error in the charge of the court to the
jury, and a new trial ordered, this court hold
ing, and deciding, that the defendant could
not claim ihat the contract fortbssale of the
land had been rescinded by the fraudulent
conduct of the plaintiff, and at tSic same time
letain the purchase money paid him by the
plaintiff therefor. When the case was
remanded hack to the court below for a new
trial the defendant withdrew his plea of a
recisionof the contract for the sale of the
land, on the ground of the fraudulent repre
sentations of the plaintiff, and filed a new
plea, in which he affirmed the contract for
the sale of the laud, but alleges that the
plaintiff made an jigreement, which is special
ly set forth in the p!ea, by which he agreed
to do certain things on his part to enable the
defendant to procure the title to the land, so
as to enable him to convey the title thereto
to the plaintiff, and that this was part and
parcel of one and the same contract, and
that by reason of tbe plaintiff failing to per
form his part contract, he has lx-cn damaged
to the amount for which the phiinliff has sued
him, and claims the rieht to recoup the same
amount by way of damages from the plaintiff
for the breach of the contract on liis part,
and to set off the damages sustained by him
against the plaintiff’s demands. To this plea
of the defendant the plaintiff demurred
generally. The court sustained the demurrer,
and ordered the plea to be stricken, where
upon tbs defendant excepted. The argu
ment before this court in favor of the judg
ment of tlis court Velow to that the plea con
tained bo new facts that were not adjudica
ted when the case was before this
court at the former; that the de-
defendant’s defense, as now set forth
in his p)c\ is sulisian'ially the same
now as it was then. We do not thinic so.
The point in the case as madehy the defend
ant’s plea on tbe former lie iring before this
court, was whether the defendant could claim
to have the contract for the sale of the land
rescinded on the ground of the plsintifl’s
fraud, and at the tame time claim to retain
the money, which he had received for the
land. The plea now before the court does
not seek to rescind the contract on the ground
of fraud, but on the contrary affirms it, and
seeks to recoup and set off the damages
which the defendunt has sustained in conse
quence of the breach of that contract on the
part of the plnistilf. Recoupment is a right
of the defendant to have a real action from the
amount of the plaintiff’s damages for the rea
son that the plaintiff has not complied with
the cross obligations, or independent
covenants, arising under the same contract,
and includes all mutual debts, and liabilities
Recoupment may be pleads in all actions
ex-conUr'tftu where from any reason the
plaintiff, under the same contract, is in good
conscience liable to the defendant. Code
28%8,2*59,2861. In our judgment, the court
below erred in sustaining the demurrer to the
defendant’s plea. If the Act of 1379, requir
ing an affidavit that all legal taxes had been
paid is a valid law, still, this case was not
within the provisions of that Act. Let the
judgment of the court below be reversed.
Linton Stephens, Georgs F. Pierce, for
plaintiffin error.
R. Toombs, C. W. DuBose, contra.
Mary A. Mosely, Administratrix vs. William
Hogg. Complaint and non suit, from
Pike.
What Good Roads Do.—An exchange
tralv says: “ Good roads benefit every one
residing along their course. Good roads save
horse flesh, they facilitate the transportation
of the produce to market, they save your
temper, they increase the value of lands, they
lend attractiveness to the eye of a stranger,
they increase the traffic and bu mess of a
town by its vitality in all branches of traffic.
Show us a town which receives a large coun
try trade by means of the fine roads leading to
it, and we will show you a place that to lively,
pro-ireAsiv** and thrifty, with money circula
ting in plenty, and men in all branches of in
dustry bu*y as teavera
WARNER, C.J.
This was an action brought by the plain
tiff against the defendant on a promissory
note, dated 12th November, 1861. The de
fendant plead to the..action,-^and alleged in
his plea, that the note was given for the hire
• x f a negro slave named George, belonging to
one Newman, who was hired to work in a
blacksmith's shop, and that the consideration
of the note was given for the services
said negro, and that since tbe
note was given, the collection of
sudi claims has been declared to contravene
the policy of the law; wherefore he asks
that said suit be dismissed. The plaintiff de
murred to the defendant's plea on the ground
that the 17th section of the 5th article of the
Constitution of this State, adopted in 186S,
which denies jurisdiction to the courts of
this State of the plaintiff’s dem Jid, is in vio
lation of the 10;li section of the 1st article
of the Constitution of the United States, and
is void—which demurrer was overruled by
the court, and the plaintiff excepted. The
plaintiffs counsel admitted that under the
evidence offered at thetria that the consider
ation of the note was for the hire of a slave.
The defendant then moved the court to dis
miss the plaintiff's action, on the ground that
the court had no jurisdiction of the case,
which motion was granted by the court, and
the plaintiff excepted. The 17th section of the
5th article of the Constitution of 1868, declares
that “No court or officer shall have, nor shall
the General Assembly give jurisdiction or au
thority to try, or give judgment on, or enforce
any debt the consideration of which was a slave
or slaves, or the hire thereof.” By the 10th
McCAY, J., concurring.
I c-our-ir in the judgment of reverail on tbs
sole rr.v-v \ i:,*i the Supreme Court of tb
Unit d rilntcm having decided in the case <
Wbi " vs Hurt, that tbe !7*b section a r tic:I
5th of t »e Constitution of J863. is void ths
court is bound to conform its judgment with
decision and judgment of the appellate tribu
nal having jurisdiction of the question.
Mo itgomerv, J., having come upon tin
bench since this case w«u argued, delivere
rs opinion.
D B. Cade vs. Abram Burton. Equity, from
L.b-ru
McCAY, J.
In an action for false representation by
which the plaintiff was damaged, if the rep
resentation be by deed, so that the defendant
is estopj»ed from denying the fact, he may
yet show that the plain tiff knew the truth
for the purpose of fixing a time when the
right of action accrued, and tha statute of
limitations commenced running against tbe
plaintiff’s claim, it appearing that the p'ain-
tiff was seeking to avoid tbe statntory bar,
by showing that be had not discovered the
fraud until long after the same was com-
mi’ted.
Judgment affirmed.
Robert Toombs, for plaintiff in error.
J. D. Mwthews, contra.
Ar n E. TTohbs vs. M M. Cody, guardian.
Appeal fio.n Court of Ordinary, from War
ren.
McCAY, J.
Any nnriy at interest who is dissatisfied
wl;n a judgment of the Ordinary may ap-
p'v.l to tbe 8up**rior Court on payment of
costs and giving security for future costs ax-
rpt in a case involving the removal of an ad-
nrniatrator etc, and tbit right of appeal on
ihe terms indicated extends also to cases
where the Ordinary has given judgment
for mousy again*t an administrator, or guar
dian under a citation for a settlement as pro
vided by section 1830 cf the Revised Code.
The Act of 16th March, 1869, requiring
all canoes of action accruing before lstof Jane,
1865, lo be sued by the 1st of January, 1870,
docs not apply to a suit by a ward against his
guardian to compel an accoun’, if the ward
did not come of age until after June, 1865,
since the cau^e of action—the refusal of the
guardian to account—did not accrue until the
ward came of age.
Judgment reversed.
E. H. Pottle, for plaintiff in error.
A. S. Morgan, R. Toombs, contra.
Richard H. Sims rs, John O. Ferrill, admin
istrator. Bill to cancel a deed and for re
lief, from Spalding.
MONTGOMERY, J.
1. When a bill charges that complainant
was induced to sell land to defendant by
representations of the latter that the title
was defective, and the defendant is also
charged as stauding ia a fiduciary- character
to complainant, and that complainant would
not have sold but for such representations,
which were not true, it is not error to allow
complainant to prove her conversations be
fore the representations made to her, with a
third person, in which she said she had no
desire to seli, for the purpose of showing the
state of her mind as to her willingness or un
willingness to sell before the representations
were made, especially when defendant al
leges she was always willing to sell, inde
pendently of any representations mode by
him to her.
2. If one of tbe counsel makes marginal
marks on a paper which goes out with the
jury to direct himself in argument, it is no
error in the court lo refuse to compel him to
rub them out before the paper goes to the
jury—it not appearing that those marks con
veyed any idea affecting the meri:s of the
case.
3. Where an answer in equity is waived, the
answer is not evidence agaiost the allegations
in the bill. Any admissions, however, made
in the answer, stand upon the ssme footing
with any other admiasior.s of defendant and
may be relied on by complainant as ev dence
of the facts admitted. Tha whole answer
being before the jury, and the admissions be
ing subject to such qualifications as may be
gathered from other facts of the answer; but
the jury are not bound to believe the qualiff-
cat on*.
4. A sale of laud of a testator, or intestate
by the executor or administrator in the man
ner prescribed by law, where the estate is in
solvent, divests the liens of judgments ob
tained in the life time of the testator or in
testate, and the creditor must look to tbe pro
ceeds in the hands of the representative of
the estate.
5. Trust and confidence reposed in a
brother-in-law by liis widowed sister-in-law
requires the utmost.j'ood faith and fair deal
ing in any contract of sale between them. A
misrepresentation of the law by the brother-
in-law to his sis er-in-law, whereby she is led
to believe her title to property held by her is
invalid, and on this account sha sells it to
him. which sale is much to his advantage,
vitiates tbe sale at her election, even though
such misrepresentation was made in good
faith.
6. Where, tinder the foregoing’relations of
trust and confidence, a sale is effected between
the parties during the v/ar for Confederate
money, which is to be paid in cash, and the
brother-in-law applies a portion of the
money to the extinguishment of a lien, sup
posed to rest upon the property without the
widow’s consent, but in accordance with
what he alleges, and she denies to have been
tbe bargain, pays the widow a portion, and
retains a large portion in his own hands, with
out her eonsent, and for which he docs not
clearly account, she is entitled to a decree set-
ting aside the sale upon her accounting for
the Confederate money, actually received by
her at« fair valuation.
7. There is evidence to tustain the verdict
of the jury in this case, and we find no ma
terial error in the charge or refusals to chargt
of the court.
Judgment affirmed.
C. Peeples, E. W. Btck, J. D. Stewart, for
plaiutiff in error.
B. II. Hill & Sons, D. N. Martin, contra.
J. S. Hamilton vs. B. A. Willingham. Com
plaint, from McDuffie.
MONTGOMERY. J.
When a note was given by principal and
security, during the war, which at the close
of the war was scaled to a gold standard, a
uew note given by principal alone for the
amount thus scaled, and the new note ac
cepted by the payee, in the discharge of the
first note this is a novation of the original
contract, and the Relief Act of 1870 is inap
plicable to it, and no payment of taxes was
necessary.
Judgment reversed.
Charles H. Shockley, William Reese, for
plaintiff in error.
E. H. Pottle, centra.
Delivered at Atlanta, Thursday, May 9,1872.
T. N. W & J. R. G. Horn vs. Mary E. Bird.
Illegality, from Sumter.
WARNER, C.J.
In this case there was an award made by
arbitrators, in which they awarded that J. K.
G. Horn and T. N. W. Horn as administra
tors of I. E. J. Horn, do pay to Mary E. Bird
the sura of $i,626t50as the amount due her
as her share of rents and profits, etc. This
award was made the judgment of the Su
perior Court An execution was issued by
the Clerk in favor of Mary E. Bird, com
manding the Sheriff to make the money doe
on said judgment, of the good*, and chattels,
lands and tenements, of J. E. J. Horn, in the
hands of J. R. G. Horn and T. N. W. Horn,
administrators, and in default thereof of the
croods and chatties, lands and tenements, of
the said Joel and Thomas Horne. The Sheriff
levied the execution on certain described land
as the property of J. R. G. Horn and T. N.
W. Horn. The defendants filed an affidavit
of illegality to the execution, on the ground
that the judgment was rendered against them
as administrators and should have been levied
on the property of their intestate, and not
upon their individual proper, and that to the
best of their knowledge and belief the
plaintiff’9 interest in the'judgment had been
paid off and discharged.
The plaintiff demurred to the defendant’s
affidavit of illegality, which demurrer was
sustained by the court, and tbe defendants
excepted. The defendants mode amotion to
; * . . . ... . amend their tffldavit of illegality, which was
section of the 1st article of the Constitution j re f U9e< j by the court, and the defendant ex-
of the l mted fetuses it is declared that “ J. o J n otlr j„ d£
laying therein two railroad tracks, on an as
surance from the City Surveyor, that should
the Southwestern Railroad desire also to use
the street, the city would require the South
western Railroad to pay to the Brunswick
and Albany Railroad half tbe expense of the
said grading, etc. aod the City Council
afterwards, ia view and in furtherance of ihe
said assurance, granted to the Southwestern
Railroad the right to use said street, provided
it paid to the Brunswick and Albany Railroad
the half of said expend, and the Brunswick
and Albany Railroad laid their track so as to
conform to this grant of the city to the
Southwestern Railroad:
Held, That equity will restrain the city
of Albany from revoking the conditions of
their grant to the Southwestern Railroad and
d rectiug the money to be paid to the city,
will also restrain the Southwestern Rail-
rood from paying the money to ihe city.
Judgment affirmed.
Smith & Jonas, Clark and Goss, for plain
tiffs in error.
Nisbetts and Jackson, N. J. Hammond,
contra.
John G. Lott, guardian, vs. Joseph L. Dyeart
and A A. Vincent. Complaint on- note
dated before June, 1865, from Bartow.
McCAY, J.
Where in a suit pending on a debt, dated
before Juno 1,1865, the plaintiff had filed tbe
affidavit required by the Act of October 13.
1870, and on the trial failed to show that the
taxes tine upon the debt had been paid for a
part of the time since the debt was con
tracted, but proposed in open court, then and
there, to pay into court for the use of the
State the taxes still due:
Held, That it was error in the court to de
ny him the right so to pay the full amount of
taxes due. Such a payment would have
been a substantial compliance with the Act
of October 13,1870, and the plaintiff would
have been entitled to a judgment-on his debt
Where a note was given for land to an ad
ministrator, and he turned the note over as
assets to the guardian of the sole heir at law,
the maker thereof giving the guardian a new
note with the administrator as security, this
was not such a novation of the original debt
for the land as that tbe note is not still a
debt contracted for the purchase of the laud.
Judgment reversed.
H. f\ Bell, for plaintiff in error.
A. Johnson, contra.
WARNER, C. J.
I concur in the judgment of reversal in
this case on the ground that the Act of Octo
ber 13,1870, is unconstitutional and void.
John B. Latimer vs. R. Stokes Sayre. Equity,
from Hancock. Same vs. Harriet Sayre
et al. Equity, from Hancock.
McCAY, J. *
On the trial of a bill filed by an adminis
trator of an estate aeainst the legatees and
creditor, to marshal the assets, one of the
creditor, is not a competent witness to testify
as to tbe nature and character of his contract
with the deceased, even though the witness
only proposes to state facts showing the dig
nity of the contract, and affecting only its
priority.
Where there was a settlement between one
of tbe executors of an estate .and the lega
tees, in which there wa3 turned oyer to the
legatees a note of the executor, with a third
party as security, as a part of the assets of
the estate and at the same time the executor
gave to the legatees his indiytdual note for
the balance ic his hands and there was a dis
tinct understanding that the last note was
only given as evidence of the amount due
and that the executor was to he liable as ex
ecutor for the amount of the same.
Held, That the last note was still a trust
debt and entitled to priority in the distribution
of assets, but the first was not
When one executor, having money in hand,
loans it to another executor, taking hi.) indi
vidual note for it, aDd in a settlement with the
legatees, they take from the executor loaning
the money the note as assets, giving him a
fall discharge and acquittance of all liability:
Held, That the note thus turned over is
not a trust debt as against the maker of the
note, and his statement that it shall be so
considered does not make it such as to give
it priority over other debts in the distribu
tion of the eataM of the maker of the note.
Judgment reversed.
Linton Stephens, George F. Pierce, for
plaintiff in error.
R. Toombs, C. W. DuBose, contra.
James P. Bower,, et al., vs. R. J. Grime,.
Equity, from Stewart.
McCAY, J.
Whilst an administrator de borne non, has
power to call upon the representatives cf his
deceased predecessorjo account with him,
the heir, at law and creditors, have also the
same right npon a proper case made, but if tbe
administrator, ic bonii non, fails so to (lo,
the heirs and creditors of the first intestate
cannot sue the administrator do bonit non for
this failure, unless they shew that he knew
of the devastavit, and was guilty of some
special neglect, not equally chargeable upon
themselves.
Warner, C. J., was prevented from presid
ing in the above ease from Providential
cause;
Herbert Fielder, for plaintiff in error.
E. H. Beall, J. S. Wimberly, contra k
Joel R. G. Home and T. N. W. Homo, Ad
ministrators, vs. Littleton E. Spivey. Ille
gally, from Sumter.
I. An execution founded on an award
against administrators in their representative
capacity, which has been made the judgment
of the court, most follow the award, and can
only issue against such administrator, in
their representative character to be levied of
the goods, etc., of their intestate.
2. If the execution, on such an award, is
issued against the property of the intestate,
and if none be found, then against the indi
vidual property of the administrators, it is a
nullity, so far as it seeks to subject the in
dividual property of tbe administrators to
the payment of the debt, and if such prop
erty is levied on, upon affidavit of illegality,
the facta not being controverted, the court
should sustain the affidavit of illegality.
Judgment reversed.
HeCav, J. having been of counsel did not
preside in this case.
Hawkins & Guerry, for plaintiffs in error.
C. T. Goode, W. A. Hawkins. A. R. Brown
represented by N. J. Hammond, contra.
Jane E. Lowe and Charles E. Lowe vs. Eliza
beth Tarver and Margaret Ann Tarver.
Construction of will, from Warren.
MONTGOMERY, J.
A will, whose first item conveys a life
estate to one of the sisters of testatrix, with
remainder to Charles C. Lowe, the son of
such sister, in one-half of a plantation, said
half lying on the east of the Warrenton road,
and the seeond item of which, so far as ma
terial to the considerations of this case, reads
as follows: “I give and bequeath to Elizabeth
Tarver, (another sister.) and Margaret Ann
Tarver, (daughter of Elizabeth Tarver,) the
portion of the plantation lying on the west side
of the Warrenton road, adjoining lands be-
longngto WalterF. Situs, Hugh Armstrong
and others: Provided they come and live on ii
If not, to remain with the other lot, and at the
death of Elizabeth Tarver and Margaret Ann
Tarver, that portion of land also to go to
Charles C. Lowe,” conveys a fee in the land
on the west of the Warrenton road to Eliza
beth Tarverand Margaret Ann Tarver, npon
their compliance with the condition, that is to
say, npon their going npon the land to live.
Judgment affirmed.
R. Toombs, E. H. Pottle, for plaintiff’s in
error.
Linton Stephens, contra.
complied with the reconstruction acts, -n
the fourteenth and fifteenth amo idments h
the Copstitiition f f (he United states havin'
been ratified in good frith by a iegul Legists
tor. of said Stale, it is hcrchv leclared ths
ihe State of Georgia » entitled - - ™rw-
ration in the Congress of the United States'
Upon tbe admission of her Senators and
tepr-aentatives under that act, says the
court, “th. condonati
eminent became con
to our minds is ine 1
passage of that act, a
by the national gov-
te." The conclusion
tab'e, that np to the
least, the provisional
government provided for by the act of March
3,1867, still existed. .
A It follows that tbe session of the Legis
lature of 1870, which fused the Act of Oct-
tnber, 13th, of that year wss not a session of
th. General Assembly, after the second un
der the Constitution Jfc the sense in which the
Convention of 1888, used these wo-ds. Hence
the act under review w not invalid became
passed by the Legislature more than forty
days after the commencement of its session.
5. It is at least donbcfol whether the first
four sections of the Relief Act of October
13th, 1870, prospective in their operations
ns soond rules of construction require them
to be understood, so far impair the remedy
of contracts made prior to June, 1803, as to
be unconstitutional nuder the tenth section
of the first Article of the Constitution of the
United States. It is therefore the duty of the
court to refuse to declare them nnconstitu-
ionri. ■ Li.
The first four sections of the Relief Act
of October 13,1870, must be read in the light
of the title to that Ac”, and in so far as they
are not variant from it, they do not violate the
5th paragraph of the 4th section of article 3
of the Constitution of Georgia, and to that
pxtent the court should give them effect
Therefore in all suit, pending at the time of
the passage of the Act for debts founded on
contracts made prior to June. 1863, the taxes
must have been paid, and the affidavit filed
within six months after the Act pissed; and
in all suits commenced after its passage, at
the time of filing the writ, on pain of having
the case dismissed on failure to do so.
7. If Congress, or aUtate Legislature pass
a law, within the general scope of their con
stitutional power, thtf courts cannot pro
nounce it void merely because, in their judg
ment, it is contrary to the principles of nat
ural justice: Calder vtL Bull a Dallas 399.
8. A bill of interpleader being filed by an
administrator against, the creditors of the
creditors of the estate represented by him,
whose claims are antagonistic, and some of
the claims being founded on contracts enter
ed into before Jane, 1865, it is not necessary
for creditors holding such claims to file an
affidavit of the payment of taxea with their
answers, their claims-having been brought
into court by the administrator and not by
themselves. On the trial of the case, how
ever, they should makfttit.clearly appear that
the taxes have been paid to entitle them to a
decree for the payment of the claims.
9. Subscriptions to the stock of the Ma
con and Augusta Railroad Company, made
before June, 1865, stand upon the same foot
ing with other debts contracted before that
date; and in suit9 against the subscribers for
the amount of their subscription, the pay
ment of taxes and the filing of the affidavit,
as required by the Relief Act of- 1870, is
necessary.
Judgment in the case of The Macon and
Augusta Railroad Company vs. Frank L.
Little, Executor, affirmed.
Judgment reversed Jtr the case of Jackson
B. Johnson, Administrator vs. R. Stokes
Sayre on the ground that the creditors hold
ing claims founded on contracts made before
June, 1865, should have proved payment of
taxes on those claims fo entitle them to a de
cree for the payment of the claims.
Linton Stephens, George F. Pierce, B. H.
Hill, H. L. Bcnning. for plaintiff in error.
C. W. DuBose, R. Toombs, F. L. Little,
contra. ,
McCAY, J., concurring..
The Act of October 13,1870, denying the
aid of the courts for the collection of certain
debts until the taxes thereon have been paid,
is not in violation of section 10, paraeraph
1 of the Constitution of the United States.
Said act is the legitims tc'excrcise of the power
inherent in the State to enforce upon de
faulters the payment fit the taxes due, and if
itat *11 effects con trac>bstw8eniiuUviuualE it
is only incidentally, by reason of the unlaw
ful, wilful and persistent refusal of the holder
of a debt to comply with his Jreasonable and
proper duty to the public.
Whether an Act of the session of the Gen
eral Assembly of 1870, after forty days from its
commencement, is void or not, is not a ques
tion of whether the Act is, as to its provis ions,
nr os to its title, or as to the mode in which
it was introduced and read and voted upon,
contrary to tbe Constitution! but a ques
tion of whether the Legislature, at the time
of its passage, was a legislative body at all—
whether it had any title to its official existence
as a General Assembly.
Whilst it- is not only the right but the im-
■ lenitive duty of the judiciary to declare legis-
ntive Acts in violation of the Constitution
void, it is not within the sphere of the ju
diciary to inquire if the Legislature, at the
time of the passing of an Act is properly or
ganized or properly in session under the
Constitution and laws. The Legislature is
itself, in tbe nature of things, the proper
judge of such questions and is responsible to
its conscience and lo tbe people only for the
proper exercise of this judgment
The General Assembly of this State, actu
ally in session and engaged in the perform
ance of legislative duties, ought at least to
receive from the courts the consideration
they grant to any Executive officer, to-wit:
Whilst they will freely inquire into the regu
larity and legality of any particular act, they
will not, in so doing, pas9 upon the authority
of the officer to act at .all.
The Judiciary has no power, by quo war
ranto or other direct proceeding, to pass upon
the authority of either the Governor or the
Legislature, to exercise the functions of their
several departments; and if it may not do so
by direct proceeding, it cannot do so indi
rectly by making the validity of the act3 of
either to depend upon their authority at the
rime of the act, to exercise.their respective
functions.
It is not in the power of this court, by any
decisionjt may moke, to declare the Acts of
the session of the Legislature of 1870, after
40 days from its commencement, void, since
the members thereof do all of them hold
their commissions, and this court is now in
session by virtue and in consequence of acts
passed by said session after the 40 days. If
these acts be void, this court is illegal, its
members are only private citizens, and in the
very act of giving its judgment it renounces
jurisdiction over the subject and declares its
decision to be only the opinion of three citi
zens clothed withno legal authority to act as
a court.
The session of the General Assembly of
1870 was not a session of the General As
sembly after the second under the present
Constitution in the sense of those words as
used in article 8, section 8 of the Constitution
of 1863, and its sessions were legal after the
forty days without any vote of two-thirda
prolonging the same.
prohibited by the Constitution, because there
is no legal presumption in favor of the vali
dity of ItgislstlTeenactments passed at a time
expressly prohibited by the Constitution, al
though they may have the form and color ot
laws upon the face thereof, the more especi
ally when it is apparent that such pretended
laws were intended to deprive the honest
people of the State of their legal and just
rights to their property. I, therefore, dis
sent from the judgment of the court in this
case, and in case of Johnson, administrator,
vs. Sayre et aL
GEORGIA
cepted. In onr judgment, the conrt below
erred in sustaining the demurrer to the de
fendants >-fadav»: of illegality on the state
ment of facts contained in the record. Code
3515,3581. The court also erred in refusing
the amendment offered by the defendants to
their affidavit of illegality. Code 3450,342f
*26th Georgia Reports 617. Let the judgment
of the court below be reversed.
McCay, J. did not preside in this case,
having been of counsel.
Hawkins & Gueriy for plaintiffs in error.
W. A. Hawkins, A. R Brown represented
by N. J. Hammond, contra.
State shall pass any law impairing the obli
gation of contracts.” The 17lh section of
ibc 5th article of the Constitution of 1868.
denying to the courts jurisdiction to enforce
the collection of the plaint id's debt, not only
impaired the obligation of his contract but
annihilated and destroved it, because it de
nies to him any and all remedy to enforce
that obligation against the defendant. The
17th section of the 5th ariicia of the Condi
tion of 1868 so far as it affects the obligation
of the plaintiff’s contract in this case deny
ing to him any and all remedy to enforce it
against the defendant, is in violation of the
10th Motion of Ihvlat article of the Const!- 8o . Jt ] kWCTtCTn Railroad rfnd City cf Albany
tW The Wo-ld asserts that in induction,
breach of promise, railway accident, and oth
er such emotional suits, juries are proverbi
ally inclined to favor the aPcged victim.
Tbe World might have truthfully add?d
that one talented liar is worth a dozen honest
witnesses in a case before an average jury,
and that the present jury system ought to be j versed. . _ , _ ,, , . „
abolished throughout the country before an-1 Thompson & Turner, E. N. Broyles, for When, the Brunswick and Albany Rail-
other case is allowed to come to trial—Om- plaintiff in error. road had, at great expense, graded a street of
momabjottrnol. I H. Blacee,contra. 'the city of Albany of sufficient width for
tnlionof the United States and is, therefore, | j„hn Screven, Receiver, injunction,
null and void. from Bibb.
Let tha judgment of the court below be re- j
The Macon and Augusta Railroad Company
vs. Frank L Little, executor. Relief and
Constitutional Law, from Hancock; and
Jackson B. Johnson, administrator, vs R
Stokes Sayre, et ah Constitutional Law,
from Hancock.
1. That clause of tbe third paragraph of
the first section of'Article 2 of.the Constitu
tion of Georgia, which provides that “No
session of the General Assembly, after the
second under this Constitution, shall con
tinue longer than forty days, unless prolonged
by a vote of two-thirds of each branch there
of,” applies only to the General Assembly
which was to meet after the State govern
ment had been fully reconstructed under the
so-called reconstruction Acts of Congress,
not to the Legislature of the provisional gov
ernment organized under those Acts.
2. The Supreme Court of the United States
have said, in White vs. Hart, et aL, infra,
“the action of Congress upon the subject
(the reconstruction measures) cannot be In
quired into. The case is clearly one in which
the judicial is bonnd to follow the action of
the political department of the government,
and is concluded by it.”
While compelled to accept this dogma as
law, and as perhaps true, in a limited degree,
so far as facts accomplished are concerned, as
a genera] proposition I dissent from aod pro-!
test against it.
8. Under the" recent decision of the Su j
preme Court of the United States in the case
, of William White vs. John R Hart, and Wm.
D. Davis, decided December term, 1871. we
are compelled to hold, that the reconstructed
provisional government of Georgia did not
expire before Jane 12th 1870, when Congress
tnaslod that thf Stats of Georgia having
WARNER, C. J., dissenting.
This was an action brought by the plain-
taiff against the defendant on the contract of
his testator as a subscriber for fifteen shares
of the capital stock of the Macon and Au
gusta Railroad Company to recover the
amount due for his unpaid stock. Oa the
trial the defendant made a morion to dismiss
the plaintiff’s action on the ground, that it
was a debt existing prior to the first of June,
1865, and that no affidavit had been filed that
all legal taxes due thereon had been paid
as required by the Act of 13th October, 1870.
The court dismissed the plaintiff’s action to
which ruling of the conrt the plaintiff ex
cepted. The Act of 13th of Obtober, 1870,
so far as it applied to the plaintiff’s debt; to
in violation of the 10th section of the 1st ar
ticle of the Constitution of the United States,
and to therefore void. That Act is also void
os having been passed in violation of the ex
press provisions of the Constitution of the
State of Georgia. The Constitution of 1868
declares that “No session of the General As
sembly, after the second, under this Constu-
tion, shall continue longer than forty
days, unless prolonged by a vote of two-
thirds of each branch thereof.” This Act
was passed at the third session of the General
Assembly under the Constitution of 1868,
more than forty days after the commencement
of tha third session, which was not prolonged
by a vote of two-thirds of each branch there
of, and is, therefore, null and void as a law of
this State. My reasons for this jndgment,
were fully expressed in my dissenting opinion
in the case of Gormly, Ordinaiy, vs. Taylor,
(not yet reported.) aad will not be again re-
Crops—Quitman -ThomasCounty-Aft*
bany—Tftie Fire Jamboree.
Albany, Go., May 4,1872.
Editors Constitution: At the conclusion of
my last, we took a hasty ran to this place,
thence to Valdosta and returned by short
stages. In the vicinity of Valdosta the farm
ers are cheering up with the clearing off of
the surface water and the resumption of agri
cultural work; still they, like all this coun
try, are backward in planting and feel the
effects of faulty cotlon seed. Tn Brooks
county much the same state of affairs exists.
The towns on the Atlantic and Gulf Road
are, manv of them, almost deserted daring
the day, the farmers looking to their interests
on tbe farms have no time to visit the towns
—the merchants having no customers close
doors and go fishing. Vegetation throughout
this section, though late; was never so rapid
when the green foliage did commence spring
ing, and the planters are striving to take ad
vantage of the season. In many of the east
ern and southern counties, in addition to the
excess of rain, storms and tornados have de
vastated th# country, destroying the timber,
killing the stock, scattering the fences to the
four winds, blocking up the ways and scat
tering things in confusion generally; yet the
•pie go to work with a vim, to repair
nages and make the best of it not at all
dismayed.
Quittman is a thriving place and will soon
have in successful operation a cotton and
wool factory, which will add much to the
town, giving employment to many who are in
m edy circumstances and have not the means
to enter into agricultural pursuits. The erec
tion of this establishment speaks volumes for
the enterprise of this people, and it is to be
regretted that others do not follow the ex
ample. One manufacturing establishment in
such a place will do more for the place and
the people, than forty times the amount in
vested in mercantile pursuits without custo
mers to purchase.
Thomas county is in a flourishing condi
tion, and the lands being rolling, they have
not suffered so much with overflowing or
standing waters. In this county they are in
a very independent condition financially.
The farmers live much within themselves,
keep out of debt, sell their produce in their
county town, and prosper together. They
are not held under the hammer of the North
ern^ stock broker, and feel their independence,
which is only surpassed by their generosity
and hospitality.
Albany has, for the past two days, been a
scene of excitement, and they have had, per
haps, the greatest gala time it has ever been
the province of a town of the same size to
witness, without some ripple in some where
to mar in some way, the pleasures of the oc
casion. The “Thonateeska Fire Company”
extended to the “Wide Awakes,” of Arncri-
cus and their friends, an invitation to join
them in their annual festival Ample prepa
rations were made in every way. Nothing
left undone that could be conceived of to add
to the pleasure of the occasion. The spa
cious warehouse of Captain T.TL Johnson
was floored, partitioned and decorated, the
walls and arches hung with wreaths and
festoons, interspersed with monograms and
mottoes of “Welcome Wide Awakes,” and
“We’ll dance a’,1 night till broad dayligh and
go home with the girls in the morning.”
Scattered among the festoons and wreaths
of evergreens and flowers were birds of song
to lend their shrill notes to the occasion
Overhead w»s brilliantly illuminated with
chandaliers and Chinese lanterns to give va
riety.
The banqueting hall was fitted out with
four tables of one hundred feet each, ladened
with viands of every description in the
greatest profusion, and decorated with pyra
mids of fresh flowers. The taste of the
ladies here displayed could be appreciated
only by being seen—they left nothing undone
in their department
The street, at the corner of Washington
and Broad, was spanned by two triumphal
arches, wreathed in evergreens, decorated
with flowers, and covered with mottoes of
welcome.
At the appointed hour the train arrived
bringing the gallant firemen of Amcricus,
about sixty in number, accompanied .by
about the 'same number of each of the
fair daughters and sturdy men of that
city. The firemen were met by their
brethren of the Thornateeska, the ladies
by a committee of ladies of Albany, with
carriages to bring them into the city in pro-
eessiom All were welcomed to the city by
the Mayor pro tcm., Dr. Davis, at the depot,
joined in the procession, marched under the
triumphal arches and welcomed in an appro
priate address by Major R. N. Ely, in which
he stated in conclusion, that the town had
been voted them, and they were requested to
occupy and possess it free. This was re
sponded to in a very happy manner by Mr.
Willie Hawks, of the Wide Awakes, when
all were invited to partake of a collation pro
vided for the occasion.
With sparkling wine and a flowing bowl,'
they entered upon the work of enjoyment
with a will and all went on merrily until late
in the afternoon, when came the test of speed
and power and the skill of the firemen. In
this the Wide Awakes bore off the palm, af
ter repeated and varied trials—both compa
nies displaying great skill in the contest
The Wide Awakes got up steam at a given
signal and threw water fifty feet through one
hundred feet of hose in six minutes. Steam
up, their suction hosemen run fifty yards,
adjusted suction hose and threw water
through one hundred feet of hose in seven
teen and three-qaarteijseconds— 1 Thornateeska
being a few seconds behind in the contest
Quich work. At the close of the contest,
the firemen were relieved to enjoy themselves
in their own chosen way until 9 o’clock p.
M., when the festival and ball was to b#
opened.
The town was voted to the Americus peo
ple, and right gallantly did they occupy and
possess it Everything was made free—the
hotels, the bar-rooms, the billiard saloons,
soda founts, horses and carriages, all were
made free as water to Americus and her
friends, and continued so for the dav and for
the ensuing one, until all departed m peace.
Notwithstanding all this opportunity for ex
cesses, not a ripple occurred to mar the
pleasure of the occasion.
THE BALL AND THE BANQUET.
At 9 o'clock, p. xl, the merry throng gatb
ered at the hall, the fair of both cities, wiih
the friends of the firemen, joined to make
the occasion one of pleasure and glee.
**Te» pricore governed the hour
And U '*■ *
nStad.
fashion
were co
And they vied
j bey inarched ai
Till they whil’d the wee hoars away.
Past the noon of the night the Wide
Awakes and their partners were conducted
to the banquet to partake of the bounteous
repast, after which all present followed in the
wake till they were filled to overflowing,
when they returned “to the tip of the light
fantastic toe,” made good their promise—
“danced all night till broad daylight, and”
were all wide awake in the morning, when
the party dispersed for a few uours.
Soon after breakfast the ladies and gentle
men gathered into the hall again. The music
again shrieked away, when the dance was
resumed and continued till past the noon of
the day. Here the orders to take up the line
of march for the train to bear away the de
lighted visitors to their happy homes in t ie
hilly regions hard by, was given, and all
were re-escorted to the depot. An hour spent
in exchange of compliments and the merry
men and ladies took their leave amid the
shouts of the joyous assembly.
In all this entertainment never an act or
word marred the pleasures of the occasion,
and it will be long remembered as one of un
interrupted joy.
Though the “Dolly Vardens” may, per
chance, have turned the heads of a few, there
will be nothing to regret on memory’s page
with those who were made happy bv the oc
casion. W. A. L.
x r # w Diarrhoea to a very common dtoease
Deated. All legislative enactments^ which j in summer-time. Cholera to nothing more
aret> be binding upon the people as laws, than exaggerated diarrhoea. When a man
mu9t be enacted in pursuance of the require-! has died of diarrhoea, he has died of cholera,
raents of the Constitution, and if not, when- in reality. It may be well for travelers to
ever they interfere with the rights of thecili- i know, that the first, the most important and
zen. such citizen, may appeal to the courts j the most indispensable item in the arrest and
and have them declared void; for the Consti- cure of looseness of the bowels, is absolute
tution of 1868, expressly declares that “Legto- quietude on a bed; nature heraelf always
lative acts, in violation of this Constitution,; prompts this by disinclining us to locotno-
or the Constitution of the United States, are tion. The next thing to to eat nothing but
void, and the judiciary shall so declare them.” ;common rue, parched like coflee, and then
If the courts may m-oure into the validity * boiled, and taken with a little salt and but-
of legislative acts j as*ed by the General As-! ter. Drink little or no liquid of any kind,
sembly, when sit. ng within the ti ne pre- Bit# of ice to be eaten and swallowed at will,
scribed by the Constitution, much more may Every step taken in diarrhtea, every spoon-
they inquire into the validity of pretended ful of liquid, only aggravates the disease,
legislative acts which were passed at a time Journal of JTeauk,
OUR WASHINGTON LETTER.
Washington, May 3,1872.
It would be almost impossible to write a
Washington letter at this time without some
mention of the Cincinnati Convention.
There has been little else talked of here for
some day8 past Congress has made a show
of attending to business, bat the thoughts of
a majority of the M. C.'s have wandered to
the classic city of Porkapolto, and evening
has found them in “Newspsper Row,” hun
gry for the latest news. While the Admin
istration henchmen have derided the Liberal
movement, they have also watched for its
culmination with poorly concealed apprehen
sions. It has proved a bigger thing than they
hod dreamed of, and this is apparent through
all their mud-slinging. Before this letter starts
Southward it is probable the die will have
been cast, and that at to-morrow morning**
breakfast table jarill be read the names of toe
standard bearers cU06en by the Liberal Re
publicans.
DIVIDING THE RTOILS.
How are the spoils to be divided in case the
Democrats unite with the Liberals and elect
a President, to a question much discussed
here. Some say that if a Republican is put
in the Presidential chair he will surround
himself with Republicans, and will endeavor
to win over those who now support Grant in
order to perpetuate the Republican regime.
In this event it is considered that the Demo
cratic party is doomed. On the other hand,
Virginia and Missouri are pointed out as
having been rescued and redeemed by just
such tactics as it is proposed to resort to in
the great contest now pending. The Demo
crats united with the Liberals of those States
and elected Liberals to office. Both of these
States are to-day Democratic by largo ma
jorities. Mr. Schttrz cannot be returned to
the Senate from Missouri unless he comes as
a Democrat, which is not probable, and we
have one Democratic Senator from that State
already. Does any member recall a squabble
over the spoils in Virginia or Missouri.
So run the argument pro and con, which I
reproduce as pertinent to the occasion, with
out siding with either save when it is so
stated.
AN IGNOMINOUS SURRENDER.
The administration has made a complete
backdown on the question of paying the
claims for indirect damages before the Geneva
Conference. I have always believed and
predicted that it would come to this. These
claims were preposterourly, but after having
pushed them so pertinacious, their abandon
ment is simply humiliating. Mr. Fish fa
vored the press yesterday with a column and a
half explanatory of the position of the gov-
emmen?, transmitted through the Associated
Press. The administration journals head it:
‘No Surrender,” “Onr Government Firm,”
etc., with what justification the following
paragraph will show:
It is not known whother such agreement
will be or can be reached. The United States
have made no proposals in the premises, but
it is believed that an arrangement of this na
ture, if proposed by great Britain, might be
accepted by the United States, and that it
would be honorable to both nations. This,
beyond doubt, is the extent of what the Pres
ident or any of his advisers have thought
possible or have had in contemplation.
It is well understood here that this govern
ment has proposed to great Britain to sug
gest a withdrawal of these claims; and, in-
d-ed, we me told as much by the cable.
SECRETARY ROBESON.
It is understood that Mr. Warren, the Dem
ocratic Representative from the 15th New
YorU District, will side with the Radical ma
jority of the committee appointed to investi
gate the Secretary of the Navy, in exonerating
that official from the very serious charges
preferred against him. The secret of Mr.
Warren’s conduct is said to be that he is a
brother-in-law of ex-Secretary Borie, who
was instrumental in putting Mr. Robeson in
the Navy Department His family tics must
be stronger than lito convictions of duty, for
the Patriot, which at one time attempted to
defend Mr. Robeson, says editorially this
morning:
The fact remains that, in defi nance of pre
cedent and apparent statutory prohibition,
he did pay some favorite contractor what
most people would think a large sum of
money, out of which, by a coincidence that is
impress've, something like a percent ige found
its way to one standing in a near or potential
relation to the disburscr of favor. There is
this, without imputing any grosser motive,
that sort of easy-going definance of law and
propriety which seems to be the characteris
tic of to-day’s callousness.
I don’t see that the Democratic party gains
anything by keeping men in Congress, who
aid in concealing Radical frauds, or who vote
for every job that comes up. The sooner
such men are given leave to stay at home the
better for the parly.
THE TARIFF—ADJOURNMENT.
Congress is slightly mixed on the tariff
question. Both Houses have passed the bill
ratting tea and coffee on the free list, and tlie
Souse has now before it two tariff bills, re
ported from the Ways and Means Committee.
The majority bill, according to the figures of
Mr. Conner, of Texas, reduces taxation twen
ty-eight millions, and tbe minority bill, the
work of Pig Irog Kelly, relieves the tax pay
ers to the extent of' forty-eight millions.
The latter, though a protective measure, finds
most favor on the Democratic side, and Mr.
Kelly is confident of its passage. I fear Mr.
Kelly to given to counting his chickens be
fore they are hatched. He will find Mr.
Dawes, who supports the majority bill, a foe-
man worthy of his steel.
The House has met this week at 11 A. XL,
and the Senate it to assemble at that hour
after Monday next Night sessions have
been held, and the Senate has disposed of
several appropriation bills with remarkable
celerity. This unusual activity is due to the
desire of the Administration members to get
away from Washington before the 1st of June.
They may accomplish it, but just now it docs
not seem altogether probable they will be able
to, as there to still much important business
to be disposed of.
_ Tommy Hauck.
Correspondence New York Sun.]
Judge Davis for Greeley.
At the National Hotel I met a warm
friend of Judge Davis I thought he was
looking rather blue, and offered to condole
with him, saying I was sorry, his man didn’t
win, for ray Democratic friends were all for
him
Davis Man—Well, it to too bad, but can’t
be helped now.
Reporter—Have you'seen toe Judge to-
dav?
Davis Man—Oh,yes, I had a long talk with
him this morning.
Reporter—Widl, whfit does he think of it?
Davis Man—He to for Greeley heart and
soul.
Reporter—He to?
Davis Man—Yes, I 'went up to condole
with him, but he knocked me down by say
ing Greeley was a stronger man with the
people than he was; that he was glad the
Convention had acted so wisely.
Reporter—VVhat does he think about the
Democrats supporting Greeley?
Davis Man—I asked him particularly about
that and he seems to tbink the Democracy
will go for Greeley with great enthusiasm.
I was not disposed to agree with him, but he
insisted that this was a popular movement in
which the politicians would have to follow
the people. Every man and boy in ihe coun
try felt that he was in sonic way or other his
friend, and that they owed him a debt of
gratitude which they would repay «>ith a
vote. The farmers will be for him, the work
ingmen in onr shops and mines will be for
him, and the foreigners will be enthusiastic
for him. If the negorcs don’t vote for him
they ought to lie put back into slavery, for it
will be proof positive that they have no
gratitude. m m m
Soutli Carolina. Ae-urs Items.
Darlington is to have a new court house.
Cucumbers are offered in Charleston three
for twenty-five cents.
Greenville county ha# invested $50,000 in
fertilizers this season.
Twelve car loads of railroad iron passed
up to Spartanburg for toe Air-Line Railroad.
The stockholders of the Air-Line Railroad
will meet at SparUnburg on the first Wed-
ne-day in June.
James B. O’Riley, of Charleston, a printer
by profession, died on Saturday last. He
wss for a long time President of the Charles
ton Typograpii ical Society.
Much Property.—The assessment roll of
Sacramento county for 1871 was about $11,-
500,000. Under the Code plan of. assessing,
placing all property at its cash value, the in
crease will be from 100 to 150 per cent, so
that the roll of this year will be from
$24,000,000 to $30,005,000. San Fran
cisco, which was assessed in 1870, at
$116,375,988, claims tc have property worth
$300,0 .0,000, and doubtless she is in this cor
rect. in 18 0 the entire assessment rolls of
all the counties in California amounted to
$277,538,134. If other counties increase as
Sacramento has, the total rolls will be swelled
to between $555,000,100 and $693,000,000.
fjaeramento Bee, April 22d.
ASXUAL NI12CTIXG OF GEORGIA
FBE5S ASSOCIATION.
Grand Reception.
Large Attendance.
Election ot Ofltcera;
The Recording Secretary of too Georgia
Pres* Association will soon issue in pamphlet fona
the proceedings of the Association.
Yesterday morning tha members of tha Georgia
Press Association met In the tall room of the Kim
ball Hou«e.
Hob. B. C. Yancey, Ctnirm&n of the Reception Com
mittee, la behalf of tbe Committee tendered the hoe-
pltality of the city tn the Association. During their
stay in the city their bRls w^n’d Iks footed by the
people of Atlanta.
General A. CL Gar'ington welcomed the Associa
tion to all that Atlanta coaid afford, In pare water,
balmy air and lordy wom^n. Th e Association repre-
iteda daw that vra* the mort important factors In
thegrect work of cirlliration. Greece, after attaining
the highest position la Art, Scicnco and Literature,
relapsed Into barbarism, because 6h3 had no general
diffusion of knowledge—no nopul ar education—as is
brought about by a frre and independent press.
The greatest agents of progress arc a representa
tive government, Christianity, and the press. The
m to the strongest arm of a representative govern-
it, and a necessary adjunct to the spread of Chris
tianity. A free and Independent press Is the terror
of tyrants and the av-ngcr of innocence. The press
of the Sous h (with few exceptions) lias been true to
htr and constitutional liberty, and will remain so.
President Christy responded In a happy manner.
He alluded to the fact that although Atlanta
tad been jeered at, and burned on, she still lives,
and is the pride of Ihe state. Her snebess and pros-
perty Is not due to raUroads but to the energy and
entuprise of her indomitable citizens.
The Association was then called to order by Presi
dent Christy.
The following papers were represented:
Albany News—C. W. Styles.
Athens Watchman—T. IT. Chris’y.
Athens Banner—S. A. Atkinson.
Atlanta Constitution—T. W. Avery, W. A. Hemp
hill, E. Y. Clarke. W. O. Wh’d\v.
Calhoun Times—W. Rankin.
Columbus Sun—G. A. Miller.
Christian Index—J. S. Prather.
Dawson Journal—S. R. Weston.
Dahlonega Signal—J. n. Christy (proxy.)
Griffin Star—L W. Avery (proxy.)
LaGrange Reporter—C. II. C. Willingham.
Hocon Enterprise—B. W. Smith.
Rough Rice's Reporter—Rough Rica.
Savannah News—J. H. EstHl, J. C. Harris.
Savannah Advertiser—A. S. Abrams.
Savannah Republican—J. R. Sneed.
Rome Courier—M. DwinelL
Rome Commercial—H. W. Grady.
Camilla Journal—C. W. Stylos (proxy.)
Sumter R< publican—C. W. Hancock.
Southern Recorder—C. P. Crawford.
Washington Gazette—n. F. Andrews.
Newnau Herald—J. C. Wooten.
Farm Journal—J. F. Phecnt.
Talbott on Standard—J. B Gorman. *
North Georgia Citizen—J. T. Wh ta-tn.
Monroe Advertiser—J.T. Harrison.
Hancock Sertinel—F. M. Brown.
Covington Enterprise—J. W. Andci»on.
The Cat-A. II. Gray, n. C. Glenn.
Collegian—E. A, Angler.
Plantation—B. C. Yancey, C. R. HunWter.
Whig—C W. Hnbner.
Son—J. Henley Smith.
West Point News—Robert D. Harrell.
BarnesvllleGazette—E T Pound.
Cuthbert ppcal-J. P. Sawtcll.
Gwinnett Herald—T. M. Pceph s.
J. A. Wright, of the Abbeville (9. C.) Medium,
members of the various committees and railroad offi
cials were tendered seats on the floor of the Associa
tion.
The Treasurer submitted It's report, showing re
ceipts $100, disburse uent* $71 GO, balance $33 40.
The President made a brlv.f report
The Association then proceeded to * lect officers.
S. A. Atkinson and J. B. Gorman were appointed
tellers.
The following is the rertlt:
J. H. Estill, of the Savannah News, President.
C. W Styles, of the Albany News, First Vice-Pres
ident.
W. A. Hemphill, of Tax Atlanta Constitution.
Second Vice-President.
C. S. Hardee, of tho Savannah Republican, Corres
ponding Secretary.
W. G. Whidby, of Tux Atlanta Constitution,
Recording Secretary
C. H. C. Willingham, of the LaGrange Reporter,
Treasurer.
Executive Committee—S A. Atkinson. O. A. Miller,
B. W. Smith, J. B. Gorman, C. W. Hancock.
On motion. Col. J. R. Sneed, G. A. Miller and J. H-
Christy were appointed to escort the President, elect
to the chair. Mr. Estill, on taking his seat, made a
few pertinent remarks.
The following resolution, offered by CoL L W.
Avery, was adopted:
Resolved, That the officers ri tiring have discharged
their dnties to the entire satisfaction of the Associa
tion, and that tho thanks or this Association are,
hereby, tendered them for their efficiency and court
esy.
J. Henley Smith offered the following resolution
which was referred to a committee consisting of J.
Henley Smith, J. P. Harrison and E. Y. Clm kc, with
Instructions to report daring tho present meeting:
Resolved, That a committee of three be appointed
to report to this association, a proper bill to bo pre
sented to the next Legislature, which eh-ill equitably
adjust the legal advertising of the several counties in
the State.
J. Henly Smith offered tho following:
Resolved, That a committee of three be appoi nted
to take into consideration and report to this Associ
ation what action, if any, should be taken by the
Press of Georgia to obtain relief from the ut jnst im
positions of tho Typographical Union.
A. S. Abrams offered tho following as an amend
ment, which was adopted:
Resolved, That a committee of three be appointed
to confer with tho officers of the Typographical
Union, with a view to bringing about such amend
ments in thernles or the Union as may tend
mutual advantago of the proprietors of news; apers
and their printers.
The resolution as omcndeC wss adop’cd nod refer*
sd to a committee conal-tlngof J. Hculy Siult^, J.
R. Sneed, and C. H. C. Willingham.
The Association then adjourned until 4 o’clock
r x.
At 4 p. the Association met.
R. R. Weston offered tho following:
Resolved, That no proprietor who uses what Is
cogmonly called “patentoutsides,” and ”;u id<s,
or both, shall be allowed m-mbershiy in thN Arvoci:
tlon, nor will the member* of th‘s Association bo al
lowed to exchange with said so-called new spnpu
Colonel C. W. Styles offered as a substitute for It
the following:
Whereas, Certain individuals In this State h
cently engaged in jounta’itm on the economy and
practice of having tho “out-ldca,” “insides *’
ternals,” and all sides, printed by parti s foreig;
unknown to their readers; and.
Whereas, A number or those are now put'iirimig
such papers from auxiliary publishing house* kn
to be inimical to the legitimate press of Georgia and
tho best interests of the people; therefore
Resolved, That this Association look upor. sll such
publications with disfavor, and can In no \*1h* recog
nize them as legitimate journals, or worthy the sup
port of the people or journalifets of the Sutc.
Resolved, That it shall be the duty of the memlwrs
of this Association to atrike from their exchange lift*
all such publications, and to refuse jonma frtic im
course with persons engaged in their public ti-.n 1
ever hereafter.
Resolved, That all aach offices be crashl-red
Sat offices and that It shall be cause for expulsion
for any member of this Aeeoc* tion to employ any
Printer, or other person who, knowlr g’y arccp'
work of any description th-rcon, after the time rpecl
fled in the following re-nlution.
Resolved, That such new*paper* here represented
be required to publish these resoloi one once a w
till the 10th day of Jnne next, aod after that cnf<
their provisions.
Resolved, That Advertising Agencies that •hall a'd
orp tronize such disreputable offices. In this S’stc. o.
tor advertising in this State, shall be dropped from
the books and business columns t f the journals
this Association.
Resolved, That we invite the Printers’ Union to '
operate with u« in this reform movement.
After an elaborate dlsco«ston Mr. Weston withdre w
his resolution, and on motion, Mr. Srylcs' resolution
was referred to a committee to report to-day
consisting of J. H. Christy, H. W. Grady and S. R.
Weston. The report was made the special order t%
ten o'clock.
The committee on Advertis'ng Rates reported the
rates adopted at Savannah, which report, was adopted.
J. F. Sbecnt offered the following:
Resolved, That the Secretary bo requested to f reward
the report of the committee, with a copy of the rates
adopted by this association, to every Advertising
Agency in the country, to wh'ch shall be attached the
name of every paper connected with this association.
After discussion tabled.
C. H. C. Willingham offered the following:
Bwolved, That the members of the Typographical
Union of Atlanta be invited to .•cats on the floor of
this Association. Adopted urucuioudy.
C. P. Crawford offered a resolut 'on to appoint
mittee to report a plan similar to 'list adopted in Mexi
co, binding members to abstain from peri*onal attack*
on each other when discus -ing p*>: and o her infia-
mable and explosive subjects.
The chair appointed as said committee C. P Craw
ford, C. W. Hancock and B. C. Yancey.
The Association adjourned until 10 a. m., to day.
SiTHEirs Cquiit op Gzcmau, IUt 9,1872.
After the delivery of tile dcclilom, Im th. cues here
tofore mrjtood. til. Court mdjonrned for th. term.
Hoir. Luthib J. Olemt.—Tho election
yesterday, parsed off qnleily. Ooh Luther J. Glenu
received CCS votes, »ndT. K. Chuo 1, for BeprrsenU-
ttve.
Daltoh District L'onfekexck.—Tki*
body convene, at Dalian to-morrow, and la looked
forward to with creat Interest by onr North Geor^i.
friends. Blrhop Wlghtman will preeid,; end wo
learn that a rpecial train will leave Chattanooga on
Snnday morning next, conveying partica to and tram
Dalton at greatly reduced rates.
AnRESTED.—Lieutenant Henry Holme*
andD. 11. Queen and John O'Shlelda, of the police
force, went to Chattahoochee river yeeterdey, and ar
te, ted th. notort on, MUton.Be.ndi, colored. w«oe,.
caped trom Gwinnett county Jail come time ,lnc«,
where he wa* condned on a charge of repo, and Levi
Turner, colored, an escaped convict from Cobb conn
ty chain gang, to which b* waa eentenced fee altnpla
lareony.
Three omeera deserve tpeelal mention for tbel MB
clency end energy in thia matter.
Fulton Superior Court. — Yesterday
Henry Clark, colored, plead guilty to burglary 1. the
day time, and waa eentenced to the penitentiary for
three years.
Andrew Brooke, colored, was found guilty of an
mult with intent to repea white woman, and waa
eentenced to the penitentiary for twenty yean
Judge Hopbine, In pereing eententenee, enunciated
round and ecntiblc view*.
Death op Georgs Brosius.—Wo regret
to learn the death of this popular railroad conductor,
who died reccn'ly near Humboldt, Tone . eftet a few
dare' tltneea Mr. Broslut will be remembered by t e
cttlaeasof Atlanta as a pesaoager conductor on l a
Western and Atlantic Ballraad tor many years. Hi*
numerous friends and aeqneti tanere in Georgia and
elsewhere will regret to leer* of hta nntirarly death.
a. employed at the time aa conductor oe the
New Orirerm, Jeekaoa end Orest Northern Railroad.
Chamber op Commerce.—The Chamber
met. according to announcement, at tbelr ball laat
night. Vice Preeldent, W. I. Garrett, In the chair.
Some fourteen or fifteen member* were present.
The Committee on Transportation reported favor*,
bly on die resolution* offered by J. Norcro*?. and
rocommea 1 that they be submitted to Council at an
early day.
The resolution* were to the effect that a* a condi
tion precedent *o th* Mayor and Council of Atlanta
holding stock in the Georgia Western Railroad, or
paying In monev or bonds to said company that In all
freights passing over said rrad. In either direction
and shipped from any point or consigned to any point
within 200 miles of A'lsnta, tho rates of freight
therron stall be no lower thar the rates on the same
art Ic es per mile to or from Atlanta; that a perpetual
covenant embracing these conditions should be
entered into between the Georgia Western Railroad
and the city of Atlanta, signed, sealed and recorded
in the county record- of Fnlton before any farther
payments are made by the city to said road; to ap
point. a committee to present these resolutions to
Council and ask ask that the same be made a con
tract never te be annulled except by two-thirds ma
jority of the legal voters of Atlanta.
Dr. C. L. Redwlne offered as an additional resolu
tion, that before farther payments be made that a
condition be made with the Georgia Western Rail
road that no preferred stock stall be Issaed ever
tiin
beheld eqnaL
the
stock held by the city of Atlanta, and that all stock
Remarks were made by Hon. R. J. Lowry, J. Nor-
cross, D. Mayer, C. H. Strong and a L. Redwlne, and
the amendment adopted
Ri port of committee, as amended, adopted.
The Transportation Committee were appointed to
lay the resolutions before Council.
The Peach Cnor.—From all directions
comes the acceptable news that the fruit crop, now
b.yond the contingency of frost, gives promise of a
most bounteous harvest We cannot let ths occasion
pass without one word of encouragement and warm
ing to onr friends.
In 1968 several hundred thousand dollars was added
to the wealth of this region by tbe sal® of dried
peaches slo e While Ml due atte tion was given to
cotton and corn, it was found ttat the women and
children afforded ample supernumerary labor to
att-md to this light employment, whose results were
of such olid benefit to the country
Let the farm* rs now emplo ev- ry 1- isur- moment
In the preparation of scaffold*. fnrr*ees, shelters, *
th other appurtenances as may be neces*«ry
for the drying of this delicious fruit, always remem
bering thaf thus prepared with care. It never fail* to
command remun-rativ • prices. .
Above a’l we cosnssl our fri- nds to refrain from
turning this great Messing Into the 'liquid fir- s of
damnation." Sent forward, to market a* dried fruit,
it results in increased' wealth and b’essingtoth®
country and to the fanner. Distilled, whether we re
gard the meagre result in pecuniary profits, or the
positive evils of its one, or the annoyance from
revenue laws, it becomes an actual curse.
We could never see how a consistent, high-minded
Christian farmer could consent to adopt this course.
Let the press of the country, from this time for
ward, constantly urge our friends In the country to
the saving of this vast crop of frnlt, an atteut on
which wilt add msny thousands of dollars to the peck-
a or a needv people.
We Invite articles from sll sources in regard te the
best and cheapest modes of drying peaches.
Ice Manufacturing Company.—Mr. L.
Nathans has been appointed gen ual superintendent
of th* Atlanta Xcc Xanuftclnrln;: Company in place of
W.W. Rhodes.
The Summer Resort of Georgia—The
Kimbaai. House— 1 Th* Famous Pox x dx Lion
SrniN*.—We are informed ttat Mr. Crittenden has
consented to improve Ponce de Leon Spring and its
romantic surroundings, that it may be attractive to
the guests of his hotel. In a very few days the
Spring will be in good order, roads will be mads about
the grounds, scats bo placed around the large forest
trees on ths hill above the Spring, which will main It
really the prettiest place about Atlanta. The road
from the city to the Spring, which is about two miles,
good, and, with tbe Improvements at the Spring,
w’ll give onr citizens what they have never before
tad, a delightful evening resort
Mr. Crittenden will soon establish an omnibus 'In#
the spring, leaving the Kimball house several time*
during the day. This will be a great benefit to our
citlaens as well as to the guests of the hotel. Al
though Mr. Crittenden has made this a matter of bust-
lu connecting the spring with his hotel, much
credit should be given him by our citisens for the
pleasure It win afford them and benefit It will be in
brincing hundreds and perhaps thousands to spend
the summer months Inonr city.
Success to the Kimball House and. the .Ponce de
Leon Spring.
Keep Your Son* at Home.—I look npon
board ins schools, whether for boys or girls, and
boarding colleges, with tbe name feeling with which
look npon a foundling hospital. Thongh of a lar
ger growth, tbe Inmates are almost as unnaturally
abandoned. Do the youth of Atlanta appreciate the
privilege they enjoy of residing within the bosom of
their families, while they prosecute their academic
studies?
John Locke thinks the Influence ef sisters and
brothers on each other Is hurtful, and urges their rep
aration, lest the gtrts should become hoidenlsh and
the boys effeminate. This might do if our youth
were to be trained np like those of Spar a, mere brn-
tifh machines insensible to any gentler emotions
than pride of warlike strength and u false love of
country. But the caitivriion of the heart is above
all. important to form the character of a gentleman,
the friend of man aod the servant of God.
Love should ever be the ruling principle of our nc*
tun*, and, therefore, should be engaged in behalf of
education. The softer and the stronger qualities
should be developed together. Youth need a man's
exomp'e and a man’s control. "To he alone" is good
for neither sex. This Is true of their younger life as
ot their maturity. Tbe tame female Influence which
is the charm of manhood, softening our mannesa, not
suffering us to be savage and selfish, must be Im.
pressed npon tbe growing soul If w® would have its
human beauty complete beaut/.
Happy la the young man who has grown up In the
society of sisters emulous of a mother's purity and
grace. They refine his heart, his thought, his man-
rs.' Groesnessot imagination recoils upon him as
insult to them. Female character is to him, for
their sakes, s holy thing. The flowers which they
nurture sued a perfume «round hi* borne, and the
r»do ies of thei' joy fiti the atmosphere with mu-lc,
winning him from external temp'ationa, or as they
lean upon his arm. and fondly look np to him for pro*
tion, he Icam* tbe hles*e*’n«* o* man's atr n<jth in
supporting tbe weak and guarding the precious.
£iox*.
Plantation Supplies.
T AM p-rnared to furnish Planters with B con, Pn'k
M«et, Lsrd, <’o n * ’at*. H*y, Fionr. Tobacco,
Groceries, etc.. «»ntbe Octob- r and November acc* p-
: nces • f Fir*t-cla*» hou* s in ttlanta. 'ujr'i«t or
viwinah. 1 am «l*o furnishing supplies on crop
lens, witn approved securi ty
A. K. SEAGO, Merchart,
mayl0-d&w2m Allan a.
THE WORLD’S PEACE JUBILEE
CHORUS BOOK.
„ val. It is now in the hands of th* S0,0u0 tin- ,
who ure to compose the choir
The music wss caiefolty selected by the MusicCnm-
mittee. and the book will be a popular and useful
booh for use In an MUSICAL eOCIBTIRH, aad
should be.ln the bands of all in the audience at the
■''ollseum. It is the very best kind of Libretto 1?S
Octavo Pages I
DAYSTHAT#
THE HOUR OF SINGING®
By L. O. EMERSON and W. S. TILDKN, tas Wn
adopted promptly, on examination, by a laig* number
of teachers of
EHgb Schools,
for which Its happy arrangement of Theory. Krc--
ciscs, and 1,2, * and 4 part bongs, admirably adapt if.
Price, $1
Capital Seng for Young Singers.
MAUDIE AND THE BLUE-BIRD.
The above books and songs sent, post paid, ®m re
ceipt of retail price.
Oliver ditson & oo., Boston.
CHAS. H. DITSON A CO., New York,
mayl—marcbfe-aprlt—Wed&SatdAwlj
(xnmstimct print