Newspaper Page Text
The Daily Herald.
THURSDAyT may 15, 1873.
President Joseph E. Brown obtain possession | purpose. After bearing the evidence and the
of his coal mine than he delivers his ultima- j charge of the Court, the jury found a verdict
tion to Scofield: “Yon must use my coal, or j for the defendant. Amotion yas made for
a new trial on the several grounds stated
I'HK IIKKALD PUBLISH1.1U COMPANY.
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It. A. ALSTON,
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Advertisements inserted st moderate rates. Sub
scriptions snd advertisements Wvsriably in advance.
Address HERALD PUBLISHING CO..
Drawer 23 Atlanta, Georgia,
oflics on Alabama Street, near Broad.
TO ADVERTISERS.
Tlie l>on» fliD t irrwlation of Hit Daily
Herald Is larger Ilian that of the Constt<
tstlon.
The bona fide circulation of the Daily
Herald Is raoae tm*n doslne that of the
8«a.
We
from
are pi pared to verify Oils
our hooks.
elafi
I’ll ruin your mills.” Knowing the man and
his power Mr. Scofield endeavors to comply,
but he finds that Brown’s coal will not do as
well as the coal of another mine. Conse
quently he gets a more suitable kind. Then
begins his troubles. lie finds it difficult to
get any coal at all; next the patronage of the
State road is taken fiom him. “If my
coal don’t suit you,” 8a}’8 Brown, “your iron
don’t suit me.” And thus a deadly blow is
struck at an institution that gives support to
probably not less than two thousand persons.
therein, which was overruled, and the plain
tiffs excepted. By the Gth section of the
charter of the Georgia and Alabama Railroad
Company, it is provided that in all cases in
which any difficulty may arise between indi
viduals and the company as to the right of
way, or damages to the land on which said
road may be located, either party may apply
to the sheriff of the county in which the
land is located, who atoll .summon a jury
of five freeholders, who shall enter upon the
land, and, after taking the oath prescribed,
award in writing the damages, if any, to be
paid by the company, and upon the payment
.. , , , . ,I of the damages so assessed, the fee simple to
Only when be sees nun staring him loHj^kiid “gj&j veBt in the ’ compftny . P S ome
face does Mr. Scofield speak out. He has , ten or twelve years after this charter was
waited patiently, suffering much, and hoping granted this compauy was consolidated into
against hope, until nothing is left him but the Selma, Rome and Dalton Railroad Com-
° ... , I nanv. On the trial D. S. Pnotup wan of-
the alternative of removing Ins mills from | M ft witness for defendant, .ho stated
At the meeting of the American Medical
Association, at St. Louis, there has been a
reorganization in several important particu
lars, which it is confidently believed will
greatly contribute to its permanency and use
fulness. Among others, we note the estab
lishment of a “Judicial Council” to settle,
without appeal, all disturbing questions
which may hereafter arise in the body, of
which Dr. J. P. Logan, of this city, has been
appointed a member to serve three years. A
section upon “State Sanitary Mcdibine and
Public Hygeine” has also been established, of
which Dr. W. F. Westmoreland has been
appointed a member.
Atlanta, and with them over six per cent, of
her population, or selling it at a sacrifice to
somebody—perhaps to this same Joseph E.
Brown himself, so that the President of the
Western and Atlantic Railroad might find
another profitable source of income !
We cannot recall to mind any parallel to
this melancholy exhibition of avarice and cor
rupt use of power. The rascalities of James
THE FENCE RIDER PREPA K r
MOCST.
that he was attorney and agent of the com
pany at the time the assessment of damages
to plaintiff's land was made, and was present
attending to the same; that the papers were
returned by him to the Secretary and Treasu
rer of the company, and have been lost or
destroyed; produced copies of the papers
which he stated were about the same as those
in the defendant’s plea, and gave them to
Sheriff Wattera to serve, doubtless meaning
the original papers. The alleged copy of the
Fisk . 3,, and Jay GonM were at least con- original papers wbichtb. -tn^prodneed.
fined to plundering the Erie Railroad and its
stockholders. At the same time it must be
said that they lowered the rates of freight and
did everything in their power to enhance the
prosperity of New York. Not so with the
President ot the Western and Atlantic Rail
road. With shocking unscrupulousness he
clutches at the throat of Atlanta’s industries,
unless tribute is paid to him. We must buy
his partners’ coal or freeze; we must buy his
coal or have our workshops shut up. This is
jury, so far as the record shows. The witness
then testified that tie offered the plaintiff a
certificate of stock in the Selma, Rome and
Dalton Railroad, which he declined to take,
what was the amount of it does not appear.
No offer was ever made to the plaintiff of stock
in the Georgia and Alabama Railroad Compa
ny, nor was there at any time any certificate
of stock issued by that company. The witness
also stated that the plaintiff was present when
the assessment was made. The assessment
That bold, fearless and independent news
paper, the Daily Fence Rider of this city, thus
refers to the State road scandal in its issue of
yesterday:
Thk Stats Boad.—It hu been known for some
time that there has been some disagreement between
tbe lessees of tbe State road, sad also some business
misunderstanding between two leading officials of
tbe road.
As soon as tbe reliable facts can be obtaiued we
shall give them. Until then we pr. fer not to men
tion tbe vague snd conflicting rumors which may do
serious injustice to the parties.
And the above in an obscure part of the
local column! Mark how cautiously “honest
logo" speaks. “As soon as the reliable facts
are obtained, we shall give them.” We al
ways thought there could not be anything
more reliable than facts, but the Fence Rider
evidently thinks differentlj’.
The idea of its talking about “vague and
conflicting rumors” is simply ridiculous.
The Herald published nnimpeacl
which the Fence Riderj^j^e obtained
bad it wanted^ them. However,
tbe Rider did not wish to publish
TEeni; and in regard to giving any facts ;it all
we offer the following wagers:
Ftrsl—We offer to wager a counterfeit nickel
against twice the amount of journalistic abil
ity in the Fence Rider office that all the “relia
ble” facts it publishes will come from Joseph
E. Browu.
Second—We offer to wager a brass button
against twice the amount of moral courage to
be found in the Fence Rider office that ii the
“ reliable” facts are damaging to Jo.-.epb E.
Brown, it will not venture to assail him.
Third— We offer to wager a mutilated ten-
cent currency stamp Against the balance now
claimed on the till for Public Printing that
the Fence Rider will straddle its beloved fence
aad wait to see which man wins.
Fomih—We offer to wager all that the
Herald is worth that if Joseph E. B»**wnis
turned out of the State Road, the Fence Rider
will proceed to metaphorically kick him, and
that if General McRae is turned out it will
vigorously assail that gentleman.
Fifth—We offer to wager anything against
anything else that tbe Daily Fence Rider will
be found hurrahing for which ever side wins.
the state road m anual.
PRESIDENT J .I.OWN’s REMOVAL A NIlfF.:
was made in accordance with the provisions
of the charter, and all the notices required to
, — . ™ [be served were either served or waived by
the character of tbe man who has absolute ^ pa rtie3. This latter part ot the witnesses^
control of a road which is at present the very ; statement was objected to and the objection
life of Atlanta’s prosperity, and upon which overruled, and that is assigned as error.
Ithe prosperity of the entire State to a great
extent depends.
It is becoming more and more apparent
that Atlanta must either finally become a sort
Watters, a witness for defendant, stated he
was Sheriff, or Deputy Sheriff, at the time of
the assessment; served copies of the papers
handed him by Colonel Printup, on the plain
tiff, but does not remember doing any specific
act or acts, nor what papers were served, blit
remembers that he did what was required of
him in his official capacity; plaintiff was pres
ent at tho time of the assessment; made no
objection. After the jury had agreed on a
verdict plaintiff asked him what it was; told
him it was $500 00. He then said he was to
take it in stock of tbe company. There
are other witnesses who testified that the
plaintiff was present when the assessment
was made, and that he was to take the assess-
of tail tied to Joseph E. Brown’s speculative
kite, or Atlanta must drive Joseph E. Brown
from tbe Presidency of the Western and At
lantic laiJroad. For if lie can strangle one
industry to-day, he can strangle another to
morrow’. If he can withdraw the patronage
of tbe road from Mr. Scofield’s mills, be
can withdraw the workshops of tbe
road also. If be can set
monopoly in coal, be can set up
one in dry goods and in Western produce,
and in fine can compel every merchant ^ company unde f the proviaiona of their
Atlanta to pay him tribute, io a m:tnj^*^T cbarter ? j n my judgment it was not Tbe
shall vest in the defendant, :is provided by its !
charte.
Let the judgment of this Court be so eu- i
tered.
Underwood & Rowell, Wright & Featber-
ston, for plaintiff in error.
Printup <fc Fouche, for defendant.
Alsou Thomas vs. John J. Whitehead, ad
miniatrator. Assumpsit, from Floyd.
McCAY, J.
When in a pending Buit between A and the
administrator of A’s deceased father-in-law,
in relation to certain money loaned by the
son-in-law to the deceased, and two other
of tbe deceased's children testified of a set
tlement between tbe parties, giving tbe de
tails of it, and in answer to cross interroga
tories, said that they were not present, and
that all they knew of it they got from family
conversations, the witness not recollecting
that A was present at any of said conversa
tions, but giving bis opiuion that he was:
Held, That it was error to permit tbe an
swers as to the asserted settlements to be read
as evidence to tbe jury.
Judgment reversed.
Wright & Featherston for plaintiff in error.
Alexander & Wright for defendant.
Selma, Rome and Dalton Railroad vs. J. B.
Fleming. Case, from Floyd.
McCAY, J.
1. When there was a trial of a suit for dam
ages for killing tbe plaintiff’s cow against a
railroad company, and tbe declaration claimed
as part of tbe damages, expenses of litigation
under section 2831 of Irwin’s Revised
Code :
Held, That it was not error in tbe Court
to permit tbe plaintiff to prove “that be of
fered to compromise, that they refused and
offered to pay me $30. I refased to take $50,
but was willing to settle without suit.”
1. Iu an action against a railroad company
for killing a cow of tbe plaintiff by the run
ning of its cars, it was not error in tbe Court,
to refuse to charge as requested: “If plaintiff’s
cow fell down a bank and rolled under the
train after the engine passed her, or if the
cow jumped on tbe track fifteen feet in front
of tbe engine, then tbe accident was unavoid
able and tbe com pan y is not liable.” Whether
the company was negligent or not it was for
the jury to find, and it was not the duty of the
Court to decide whether or not, uuder such
circumstances, there was negligence.
3. The verdict is not illegal as contrary to
tho evidence.
Judgment affirmed.
Printup & Fouche, for plaintiff in error.
W. D. Elam, represented by T. J. Alexan
der, for defendant.
ATLANTA PAPER MILLS.
TLANTA PAPER MILLS-
parxTOR.
of this pspsr.
IAS. ORMOND Pa
APOTHECARIES.
street. Atlanta, G».
AGRICULTURAL WAREHOUSES.
_ the bridge, makes advances to planters. A full
fine of Agricultural Implements, Publishers of the
Rural Southerner.
GUNS, PISTOLS, Etc.
etc.. No. 1 James
hall street, Atlanta, (ia.
HARDWARE AND CUTLERY.
1‘AINTS, 011,S, CLASS, ETC.
J NO. T. HAGAN & CO.. Wholesale Dealers In Burn
ing Oils, Limps, and Fancy Groceries, 114 White
hall street, Atlanta, Ga.
Dealers in Paints, Oils and Glass; also Railroad
PICTURES AND FRAMES.
AUCTIONEERS.
i and Dealer in Furniture, Marietta street.
BAG MANUFACTORY.
d Dealers
In Hardware, Carriage Material arul Mill Stones,
46 Whitehall street.
Cutlery, Guns,
l^HOS. M. CLARKE A CO., Importers and Whole-
ICE HOUSES.
Pure Luko Ice kept i
JEWELRY. SILVER WARE.
REAL ESTATE AGEATS.
B *
t
( "T KO. W. ADAlIt, Wall street, Kimball House
» Block.
O. Hammock. Whitehall .treet, near j
w
ALLACE A FOWLER, Alabama street, opposite
Herald Ofllce.
SEWING MACHINE AGENCIES.
rilHE IMPROVED HOME SHUTTLE SEWING
JL MACHINE. Cheapest and most Durable. Price
$25 00 to $75 00. D. G. Maxwell, Gen'l Ag’t, No. 13
Marietta street, Atlanta, Ga.
BOOKSELLERS AND STATIONERS.
sellers, Stationers and Piano Dealers.
tionery, 105 Whitehall Street.
BUSINESS COLLEGES.
M OORE’S SOUTHERN BUSINESS UNIVERSITY,
corner Broad and Alabama streets, Atlanta, Ga.
A standard institution, the largest and beBt practi
cal business school in the South. For circulars, etc.,
address B. F. Moore, A.M. President.
B il
J Detwiler k Magee, Managers. Corner Line and
Peachtree stree^. Three hundred Graduates nowin
position.
elry and Sterling Silver Ware, Parlor Jewelry
Store, Republic Block, up stairs, opposite Kimball
House.
J SEWING MACHINE
Office, Corner Broad snd Marietta Sts.
J.
INSURANCE AGENTS.
E. GODFREY k PON, General Agents St. Louis
bought and sold.
Willis, cashier.
J GADSDEN KING, General Agent, Fire. Marine
• and Life. London and Lancashire Fire. Vir
ginia, Fire aud Marine. Cotton States Life. Broad
street. Atlanta, Ga.
TLANTA DEPARTMENT LIFE ASSOCIATIO
of America. Officers—T. L. Langston, Pro
dent; C. L. Bedwine, Vice-President; J. H. Morga
Secretary; General L. J. Gartrell. Attorney; William
G. Drake, Medical Examiner. Broad street, corner
Alabama. P. O. Box 276.
THOMAS. General Agent of Life /
C Alabama,
rjlHE SINGER DROP-LEAF SEWING MACHINE.
A Best Sewing Machine made. R. T. Smilie Agent,
corner Broad and Alabama streets.
H OWE SEWING MACHINE AGENCY, corner
Broad and Alabama
machines as old Elias Howe
street. Finest liquors in tho city.
Juo. T. Grant, president; Perino Brown, cash']
J
NO. H. JAMES, Bunker, James' Block.
pose of showing that.JfeTplaintiffs title to his
landJbl^^teenTawfu 11 y condemned for the use
charter? In my jnd^
land owner stands upon all his legal rights,
and when the compauy seeks to invade them
uuder the authority of its charter, the bur
den of proof is upon them to show that they
nave strictly complied with its terms. The
original papers relating to tbe assessment
of tbe plaintiff's damages were lost.
The next best evidence would have
been tbe sworn copy thereof which
tiate as President Brown, of pow-
will be too grcikU -^ftrucc it is that in tbe
interc^Aff'the people of Georgia we call upon
lessees to remove him, and put in bis
place some man who can l>e depended upon
to manage tbe road in tbe interest of the pub
lic, as well as in that of the stockholders.
If the lessees are wise, they will Printup had in Court, and if he could
take of the rn.Usjn.Uion which onr have stated from his knowledge of the con-
_ . . , tents of the original proceedings that the pa-
exj options have alreuly aroused. | pcr w hi c h he produced in court was a sub-
attempt t> destroy Mr. Scofield’s mills, by i s tantial copy thereof, and it had appeared
sending the iron ot the road to Chattanooga j therefrom that the requirements of the char-
1 , , I „<■ I ter had been complied with for the condemna-
the cool monopoly, the family arrangement | ^ of tbe plai ' tiffs i an d to the use of the
whereby workmen are mulcted of five dollars j compjluy> jfc would have defeated the plaintiff s
for eveiv notice of garnishment served upon ' right to recover. What I iutend to say is.
he company; the printing business, and tbe
numerous other allegations, as yet unverified
and therefore unpublished, have produced a
deep and profound feeling which will not
long brook tbe supremacy of a man whose
reat powers are coirnptly used to enrich him
self by an odious monopoly and arbitrary op
pression of others who refuse to obey bis
highwayman mandate to “stand and de
liver.”
A. D. Breed, le.s»ee, vs. It. V. Mitchell. Cos
from Floyd.
McCAY, J. —- -
1. A non resident^ (his State, who is the
lessee of a railrp&ftin this State, aud there
fore^ liAlile^to’ be sued as was the railroad
. t-efnpany is none tbe less liable to be pro-
ment in stock. Was tbe evidence of PjatttTip; ceeded against by attachment as other nou-
wliich was objected to, admissij^^or the pur- j residents are.
- . . . ^ wh ere goods arrive at tbeir point of des
tination and the packages or casks are by tbe
fault of tbe carrier iu a damaged condition so
that they cannot be handled without loss and
farther damage, it is the duty of tbe carrier
to repair the casks if possible, before tbe
owner can be compelled to receive them, and
if be refuse to do this, the owner may refuse
to receive the goods and may recover the
value, and this without offering to pay the
freights, since the carrier has not completed
bis under hiking.
3. Goods are prima facie presumed to have
been received by a carrier in good order for
shipment, and if they were not so, it is for
the carrier to show it.
Judgment affirmed.
Priutup A Fouche, for plaintiff in error.
Wright A. Featherston, for defendant.
A. J. King, adiniustrator, vs. William New
ton’s heirs. Appeal from Ordinary, from
Floyd.
TRIPPE, J.
An administrator who received Confederate
money in 18G2, and does not, by his return,
or on the trial of a suit commenced against
him in 1871, give anj r explanation of wliat
became of the money or what be did with it,
cannot complain at being held liable for the
full amount so received, especially when tbe
verdict is for four years less interest than what
was due.
Judgment affirmed.
Alexander and Wright, for plaintiff in er-
A TLAJU’A'NATIONAL BANK, Capital $10U,000
JArTfnited States Depository. A. Austell, President
W. H. “ ~ '
i James M. Ball, PresideuJ.-W. W7 Clayton, Caali-
. Tuller. Castiier.
BOOTS AND SHOES.
Boots and Shoes, Leather aud Shoo Findings,
Sign of the Golden Boot, 39 Peachtree street, Atlanta,
Georgia.
batten & Alps.
P;pATILL07 >'H. fi Kimball' Hh.sc. A- nt for
9 JTtBk aud Phoenix of Hartford, Franklin ot
Philadelphia, and Southern Mutuab_AtheuEL^^H
„ _ CHOATE, Kimball House,
Vy of Y.'all street., General Agent of New
Equitable.
York
Bourbon Whisky.
J EE SMITH’S Saloon, Marietta Btreet, the very best
liquors mixed in the best style.
STGVE AND HQUSIFURNISHING GOODS.
73 Whitehall street.
UNDERTAKERS.
°A0 SrALf* 1
The longest established, the best organized, snd the
oulj one in the Booth conducted bv
EXPERIENCED MERCH A
Practical Accountant..
The course of study includes Book-Keeping In all
its branches, Penmaaahip, Mathematics,
Commercial Law, Business Corres
pondence, Business For ms. Part
nership Settlements, Bank
ing, Telegraphy, Pho.
nograph y. Etc.
THE TRANSACTIONS AND OPERATIONS IN THE
Actual Business Department,
are the moat complete and practical of the age
Students Instructed separately and received at
any time. Business Advocate mailed free on appli
cation. Address
B. F. MOORE, President.
taOocm. -61
M’CUTCHEN S C. I. B.
( CHEROKEE INDIAN BITTERS POSSESSES AN
j energy which seems to communicate new life to
the system, and renovate the feeble, fainting powers
of nature. IU operation upon the tisanes of the body
does not consist in affecting the irritability of the liv
ing fibre, but tu imparting a sound and healthy stim
ulus to the Vital Organs.
It strengthens substantially and durably tbe living
powers of the animal machine; is entirely innocent
and harmless; may be administered with impunity to
both sexes, and all conditions of life.
There is no disease of any name or nature, wheSher
of old or young, male or female, but that it is proper
to administer it, and If it be done seasonably and pre-
servingly, it will have a good effect. It is^erfectly in
credible to those unacquainted with Uie Bitters, ihe
facility Lien a nesithy action is often in the
worst’cases restored to the exhausted organs of the
system; with a degree of animation and desire for food
which is perfectly astonishing to all who perceive it.
This Medicine purifies the blood, restores the tonic
power of the fibres and of the stomach and digestive
organs; rouses the animal spirits, and re-sniuiates the
broken down constitutions of mankind.
feb!2-d2m
WHITE GOODS, NOTIONS, ETC.
W ALKER & BOYD, Fire Insurance Agency, office
No. 2 Wall street, Kinibell House.
CARPETS, MATTINGS, ETC.
city. Marietta street.
States Life Insurance Co., No. G Kimball House.
Residence McDonough street, corner Fulton.
Alabama
Burglar and Fire-proof Safes, Broad street.
CARRIAGE MANUFACTORY.
A T. FINNEY, Manufacturer of and dealer in
• Carriages, Buggies, Wagons, Sewing Machine
Wagons, Ac. Send for Price List. Broadstreet, just
beyond the Bridge.
In the end. it will he the best for Atlanta
that all the detail* of the Western and At
lantic Railroad management are comii
light. Enough is known already to satisfy
the public that President Joseph E. Brown is
abusing the position he occupies. We say
nothing of the shameful developments
matter of the intercepted letter written by
General McRae, because that is personal be
tween the Superintendent and the President.
Men with old fashioned notions of honor,
would never have read it; but probably Presi
dent Brown’s code of ethics ennobles
espionage and eavesdropping into virtues. It
ia, however, consolatory to know that for
once more, the olu adage that “listeners nev<
hear any good of themselves,” has been
proved correct ; and President Brown will per
haps be more careful in tho future how he
reads and uses the correspondence of another
not intended for his eyes.
Bat while the scandalous interception of
General McRae’s letter, aud equally scanda
lous use put to it, are matters which we must
pass over for the present, the alleged charac
ter of the contents of the letter must be a
terrible arraignment of President Brown.
General McRae came to Atlanta without prej
udices or partialities. He, perhaps, had not
boen long connected with the road, before he
discovered that this splendid property was
managed in the personal interest of one man.
lie probably saw enough to satisfy him that
the grossest abuse of power existed, and that
the individual prosperity of Joseph E. Brown,
citizen, was all that Joseph E. Brown,
President, sought. The public at large are
nothing; the city of Atlanta is tho merest
cipher; Georgia, in fine, may perish, so that
Joseph E. Brown fills his coffers and enriches
himself.
Not satisfied with a large salary as President nc
must enter into speculation* which depend for
success upon the fair or unfair management of
the road. He forms copartnership with coal
dealers in this city, and then makes almost a
monopoly of the coal trade, by flagrantly un
just discriminations against rival dealers. It
bocomcs suspiciously noticeable that certain
firms enjoy a monopoly of shipping coal, on
the cars of tbe Western and Atlantic Railroad
to Griffin, Macon snd other points, and tin so
companies are the very same in which he is
said to be pecuniarily interested.
Again, President Brown of the Western and
Atlantic Railroad, bestows his iiatronnge, for
printing and stationary exclusively upon
Joseph E. Brown, Job Printer, disguised un
der the name of an employed foreman, and
tbo comical spectacle is witnessed of his mak
ing oat and auditiug bills for printing against
himself.
All this is bad enough; nay, it is simply
shameful, but it does not produce enough
money. Joseph E. Brown, President, pur
chases coal mines and then endeavors to co
erce manufacturers into using his coal.
Who can read the report of our interview with
Mr. Scofield without feeling the utmost indig
nation. Here is a gentleman who has by hard
labor built up a large and important manufac
turing interest m our midst. His is the only
mill in Georgia which manufactures railroad
iron, and it is admitted by everybody that Mr*
Scofield Eiaki?s as good railroad iron as any
manufacturer in tbe world, and better than
any in Ibe United SUtes. No sooner does
Supreme Court Decisions,
xa JiEPOT.TED jlV CArTAIN HENIiY JACKSON,
E110ETF.K FOE THE SI PEEME COt'ET.
Deeivkeko Mat 13, 1873.
J. M. Eliiot vp. T. J. Cox < t al. Claim from
Floyd.
WARNER, C. J.
This case came before tbe Court anil waa
decided on an agreed statement of facts. On
tbe 11th day of April. 187H, at Rome,Georgia,
T. .1. Cox and E. O. Cox, bis wife, executed
aud delivered the following instrument: “On
or before tbe 1st day of November next we or
either of ns promise to y»ay to the order of
Griffith, Clayton <fc Co., at their office in
Rome, Georgia, $502.50 for five tons of solu
ble gnano, and one ton of Dixon's compound,
with interest from date, and we promise and
agree to deliver to them, for storage and sale,
our cotton crop made on onr plantation in
Alabama this year, as soon ns it is made ready
for market. Value received.” It was ad
mitted that the cotton was made on the
defendant’s plantation in Alabama, and
shipped by them on steamboat, consigned to
Griffith, Clayton A. Co., on tbe 4th of January,
1871, that the cotton arrived iu Rome tbe day
after it was shipped, and, on its arrival there,
was levied on by an attachment sued out by
the plaintiff as 'the property of Cox. Tbe
plaintiffs demand was admitted to be correct,
and was founded on the following instrument:
Home, Georgia, Angnst, 25th, 1869. Re
ceived of J. M. Elliott A Co., $300 advanced
on my present crop of cotton which I promise
to ship to them for sale, on my default, rate
of interest 1 \ per cen:. per month.
[Signed] T. J. Cox.
The cotton was claimed by Griffith, Clayton
& Co., and the question was whether it was
subject to the plaintiff’s attachment, or
whether tbe claimants, as factors in posses
sion, bad a lien on the cotton for their ad
vances made to Cox under the before recited
instrument. Tbe Conrt decided that they
were in possession of the cotton, and were
entitled to claim their Hen thereon for their
advances made to Cox and wife as specified
in the contract Whereupon the plaintiffs
excepted. The questions made iu this case
were substantially decided iu Wade & Co.
vs. Hamilton et al., 3bth Ga. Rep., 450. It is
true Iliac the wolds in the agreement in that
case were, that tbo factors were to “reim
burse” themselves out ot thejpvoceeds of the
cotton promised to be lorwarded to them by
Hamilton, which words are not in the writ
ten contract in this case, but in our judgment,
taking into consideration the relative position
of the parties at the time tbe contract was
made, as well as the character of the advances
made by the factors, that it was intended by
them that the cotton should be delivered
to Griffith, Clayton & Co., as the factors of
Cox and wife for storage and sale, in order
that they might reimburse themselves out
of the proceeds of the sale thereof for the ad-
inces which they had made to them, and
such we think is a fair interpretation of the
contract. The ease of Wade & Co.
I vs. Ham-
ilton decides that the delivery of tlie cotton
to the carrier consigned to Griffith, Clayton &
Co., was a delivery to them, and therefore
they were io possession of the cotton as fac
tors of Cox. The plaintiff’s claim was for ad
vances made on the crop of 1869, and not on
the crop of 1870. It is advisable iu all cases
when factors make advances to planters on
the faith of their crops being sent to them for
storage and sale lo reimbume themselves out
of tbe proceeds thereof, that tbe contract
shonld be definite and explicit. We confino
our judgment in this case in the interpreta
tion of this contract to the relation of factor
nnd planter, for advances made on the faith
of the crop of the latter.
Let the jndgment of the Court below be af
firmed.
Underwood A Rowell, for plaintiff in er
ror.
Alexander A Wright, for defendants.
Hnmnel Mobloy vs. A. D. J’.reed, lessee. Eject
ment, from Floyd.
WARNER, C. J.
This was action of ejectment brought by
the plaintiff against the defendant to recover
possession of a certain strip of land on which
the defendant has located ita railroad. On
the trial tbe plaintiff proved title in himself
to tbe premises in dispute and possession by
tbe Jetandant. Tbe defendant pleaded that
the land had been condemned for the use of
the company under the provisions of iU char
ter, and set forth in his plea a copy of the
proceedings allegod lo have been had for that
that if the sworn copy paper produced in
court by the witness showed on the face there
of, that the provisious of tbe charter had been
complied with in assessing tho damages for
taking tbe plaintiffs land by tbe company and
the damages so assessed have been shown to
have been paid, it would have defeated the
plaintiffs right to recover. The sworn copy
of the original proceedings introduced
by the witness iu court, was better. evi
dence than bis oral declarations. Besides,
bis oral declarations that the asseasment of
the damages was made in accordance with the
provisions of the charter, was a conclusion
of the law, tbe witness should have stated the
facts that transpired when tho assessment of
damages was made, so that the Court and
jury could have decided whether it was made
in accordance with the provisions of the char
ter. The condemnation of the plaintiffs land
for the use of the compnny. under its charter,
depended on the facts connected with the pro
ceedings had for the purpose, and not on the
opinion of the witness. It was the province
of the Court nnd jury, to decide from the
tacts proved, whether the plaintiffs land had
been lawfully condemned for the use of the
company under the provisions of its charter,
and not the province of the witness tu
decide that question, and in my jndgment,
it was error iu allowing him to do so over
the plaintiff’s objection. The plea of
the defendant was not evidence on the
trial, besides it does not appear on the face of
the paper set forth in the plea, that the jurors
summoned by the sheriff to assess the dam
ages, were freeholders, or that they took the
oath prescribed before any officer authorized
to administer it, nor did the evidence on the
trial prove either of these facts. If the origi
nal papers containing tbe proceedings under
which the defendant claims that the plaintiffs
land w*as condemned lor use of the company,
had been before the Court at the triul, all tho
requirements of the charter must have ap
peared on the lace thereof to have been
complied with in order to divest the
plaintiff of his title to his land, aud the
loss of the papers does not dispense with
the proof ot the necessary facts to accom
plish that result by the best evidence in the
power of the defendant to produce. It
appears from the evidence in the re
cord, that the plaintiff wa3 an origi
nal subscriber of $500 to the stock in the
Georgia and Alabama Railroad Company,
and had paid two installments thereon. The
jury assessed the plaintiffs damages for the
right of way through his land according to
the evidence of $500, to be paid in the stock
of the company. Whether the plaintiff’
agreed that the jury might return their ver
dict that he should be paid for his land iu
stock, or whether he agreed that he would
take the amount of the verdict in stock, is
not so clear, but no Htock in that company
has ever been pnid, or offered to be paid him,
iu discharge of that verdict. There is no
evidence in the record that the plaintiff has
ever been paid ODe dollar for bis land, cither
in the stock of the Georgia and Alabama
Railroad Company, or nnytning else. Tbe
defendant offered him a certificate of stock
in the Selma, Rome and Dalton Railroad
Compauy which he declined to receive, and
there is no pretense that the plaintiff ever
agreed to receive the stock of that company
in payment for his land. The court charged
the jury among other things, to tho effect that
if the plaintiff was a stockholder in the
Georgia und Alabama Railroad Compauy be
would be chargnble with notice of tbo con
solidation of that company with the com
pany of defendant, aud his consent thereto
might be presumed, nnd if he acquiesced in
the building of the road on his land by the
defendant, he cannot now, by bis action of
ejectment, recover the land and turn out the
defendant, provided tho new, as well ns the
old compauy had always held themselves
ready to deliver to him a regular certificate
of stock, to which he was or is entitled
on account of the assessment made ns be
fore stated. There is no evidence in the re
cord that either the old or tho new compa
ny had always been ready to deliver to the
plaintiff o regular certificate of stock ill pay
ment for bis laud. Tbe only evidence in re
lation to that point In the case is, that l’rin-
tup offered the plaintiff a certificate of stock
in the Selma, Rome nnd Dnllon Railroad
Company, which he declined to take. The
time the offer was made, or the amount of tbe
certificate, is not stated. The fact that tho
plaintiff was a stockholder in tho Georgia
Waaons aud Buggies, Decatur street.
J j. FOKD, Carriage Manufacturer, corner Line
• and Pryor streets.
COMMISSION MERCHANTS.
ding accompany Drafts.
WOOD ENGRAVING.
A TLANTA DEPABTMENT Southern Life. Juo.
B. Gordon President, A. H, Colquitt Vice Prcsi-
ent, J. A. Morris Secretary.
LAWYERS.
IV
MISCELLANEOUS.
PUBLISHING COMPANY^
_ _ ear Broad,
iid promptly executed.
Practices in all the courts. Special attention giv
to the collection of claims, and ail business promptly TI^HE WEEKLY HEltALD, an Eight Page Paper,
attended to. -EL containing 56 columns, the largest and most
— —— | teresting paper in tho State.
Kv.r -
elry, li
St Louis,
— AND —
CHATTANOOGA 11 LINE.
SPRING SCHEDULE. 1873.
Leave Atlanta
Arrive at Chattanooga
“ Nashville
« McKensie
M Memphis
•' Little Beck
.... 8:30 A.M. and 8:10 P
.... 4:28 p.m. aud 3:44 a
.... 12:45 A.M. and 1:05 I
8:30 am. and 8:30 I
2:10 p.m. Rnd 2:25 j
8:30 .1
L.
J. GLENN k SON, Attorneys at Law, pr
EKGENZINGER, Manufacturer of all kiuds of
L Bolsters, Etc.
Hunter street.
Leave Atlanta
Arrive at Chattanooga 4:28 a
“ Nashville 12:45 j
•« Union City 10 JO a
•• Columbus, Ky 12:00 n
*• St. Louis, via Cairo
Short Line 9:05 I
** St. Lon is, via Iron
Mountain Railroad.. 11:00 p
ALBERT B. WRENN-
Southeastern Agent,
Post-office Box 253.
OfficeNo. 4. Kimball House. Atlanta Georgia.
M. and 8:10 p.m
M. and 3:44 a.m
-M. and 13»5 p.m
m. and 10:30 p.m
>on, 12:00 night
m. and 11:20 a.m
M. and 12:50 p u
kinds of Produce, No. 83 Whitehall Street, Atlanta,
Georgia. Orders aud consignments solicited. Re
turns made promptly.
I A WHENCE k ATKINSON. Grocers aud Ctmimis-
J sion Merchants. Peachtree Street, Atlanta, Ga.
Consignments solicited.
streets.
A.
[LEYDEN, Warehouse aud CoiuininBiou Mer
chant—Warehouse Corner Bartow Street aud
\Wrk A. It. It. Office, 9 Alabama Street Grain, Hay,
Hour, Bacon, Bulk Meats, Lard, Hams (sugar-cured
and plain) Lime, Cement, Plaster, Domestics and Y’arns.
Wright and Featherston, for defendants.
D. Ii. Mitchell etal vs. Mayor and Council of
Home. Case, from Floyd.
TRIPPE, J.
1. Tho principle that the owner of a build
ing, erected on the line of his lot, may, by
lapse of time, acquire a prescriptive right to
the lateral support of the adjacent soil, does
not exist in this State, especially against ft
public or municipal corporation.
2. If the work of grading a street, such as
digging below tlio foundation of a wall, or
under a wall, and underpinning tbo same, be
done by the consent or direction of one'of
the joint owners of such wall, neither of the
owners can recover damages from the city
council by whose laborers the work was done,
on account of the falling of the wail being
caused by such work.
3. Where it was a question at issue whether
such consent or direction was thns given,
was error iu the Court to charge the jury as
follows: “What they (the council) do, so far
out of tbe line of their own business as to be
evidently done iu the execution of somebody
else’s job, if such owner was present aud
knew what was going on and made no objec
tion, will be pronounced to be done by con
sent or direction of such property owner, it
nothing appears to the contrary. But this
presumption may be rebutted by any sufficient
facts or circumstances, such as that the owner
of the property protested against it,” etc.
The jury had the exclusive right in this
cose to determine what presumption arose
from the facts proved by the evidence.
Judgment reversed.
Underwood it Rowell, D. R. Mitchell, for
plaintiffs in error:
Hamilton Yancy for defendant.
II. B. Hill ct al., vs. D. S. Printup. Equity,
from Floyd.
TRIPPE, J.
A Judge of the Superior Court in this State,
did not have tlie power either in term or
chambers, under the Act of the twentieth of
February, 1854, or under the provisions of
any statute, or of the common law, to grant
authority to a trustee, to sell and convey land
held by said trustee for an infant ceslui qui
trust, unless such infant was made a party to
the proceedings instituted for that purpose,
by a representative properly appointed.
Judgment reversed.
Wright A Featherston, for plaiutiff.in error.
Printup &. Fouch, Underwood & Rov
defendant.
Grain and all kind of Stock
street, Atlanta, Ga.
It. BAYNE k CO., Commission Merchants and
. Tk.«ii.vn in Paper, Paper Bags, Twines, Hope,
• tal, hides, etc., 33 Pryor street.
R. SIMMONS k CO., Wholesale Grain aud Pro-
B OWIE & GHOLSTON, General CommiHuion Mw
chants in Grain, Provisions, Hay aud Flour, F<
sytli street, near W. k A. K. R.
J. WILLIAMS k CO., Dealers aud Commission
• Merchants in Grain ami Produce. Handles pro
duce by car load without expense, YeUow Front, Ken
. McConnell, Attor
lall and Hunter i
l Atlanta Circuit.
TJ .1 II. LEDUC. Manufacturer of Tin Ware, Agent
i |l’ • for Kerosene Stoves, Pratt's Astral Oil, Triumph
Washing Machine, Clothe* Wringer, etc., Belgean
id Counsellor at sheet Iron and Enameled Ware, Whitehall street.
I 1 1
X • i
Whitehall
J OHN MILLKDGE, Attorney-ai
street. Residence, corner.
niHOS. W. HOOPER, Attorney-at-law, No. 2 Wall j
1 street, will attend to all kinds of lcjjiil Ousiin »
IZARl) IlEYWAliD, Aitoruey-at-Law, No. 1 I
Marietta street.
r Whitehall
reading matter than any other paper in Georgia
w.
B. SPENCER, Attorney r.t Law
• and Alabama streets (up stairs;, Aiiauia,
DE GRAFFKNRIED, Attorney at Law,
of claims
Office No
D
E. BLECKLEY’, Attorney-at-Law, Offict
OYAL k NUNNALLY, Attorneys at Law, Griffin
Water Cure.
DR. F. KALOW,
Corner of Hunter & W*lles Street.
f I^lIIS celebrated Doctor has returned, opened an
8 office, and located permanently.
Refers—To Mr. J. W. Rucker, N. T. Walker, Mr.
Hightower. Major Cox and others. Send for Circulars
on Water Cure, Its Principles, etc. All chronic dtaea-
st-s cured, and acute diseases treated. n ylO-ly
POSTPONEM ENT.
Unsectional School-Books!
H
OWARD VAN EPPS, Attorney a
No. 5 and 6 Granite Block. P. <t
B H. A. M. THRASHER, i
• st;
stairs, 1st floor, practice i
and Alabama Kailroad Company, although
he might have consented to its consolidation
into the new company, did not hind him to
accept the stock of the new compauy in pay
ment for his land; he never agreod to take
the stock of that compauy for his land, and
no other atock was ever paid, or offered to
be paid him therefor, so far as the evi
dence in the record shows. Tho charge
of the Court, in view of the facts of
the case, was error. The defendant com
pleted its road on tbe defondants’ land in No
vember, 1868. Iu view of tbo lacte as dis
closed by the rocord in thia case, we reverse
the jndgment of the Conrt below and order a
new triul, nnlese the defendant shall pay to
the plaintiff the sum of five hundred dollars
with interest thereon from the first day of
November, 1868, and in the event the defen
dant shall do so, tho laud of the plaintiff,
taken for thecae of the defendant's company,
THOMAS FINLEY.
TTOltNEY AT LA
ATLANTA GEORGIA.
RACTICE IN THE SUPREME AND Oil
Court*, and elsewhere by special contract. Al
irioH* attended to with dispatch. Offic-
t Corner of Broad and Marietta Htreets, I
tp-s tair*.
A \V NOTICE.
, C. ARLINGTON,
Xiawyor,
^arwn.i
Office : James’ Block,
|. A ‘.Unfa Georgia.
S. A. DARNELL,
AWD
SPECIAL COMMISSIONER OF CLAIMS
No. 35 Whitehall Street,
(OW CONDUCTED UV MISS M. 11. McDO’
II ae juat roeelvail a tine assortment of
MILLINERY GOOD
OF LATEST STYLES,
mi will continue to receive weekly all the vs
tud novelties In her lino of bniineu. lAdlo*
ipectfully Invited to call before purchasing cl«e’
ap27-tf
CLOTHIERS AND TAILORS.
' i| H. DYKeAaN, Merchant Tailor and Dealer iu
Of # Gents’ Furnishing Goods, No. 4 Peachtree street,
near the National.
XX ILL k CANDLER, Attorncys-at Law, No. 1!
p 1 Kimball House. Practice in all the courts. j •
LUMBER.
f G. JUNES, Fashionable Tailoring Establishment
pf 0 within fifty yards of National Hotel and Kimbal
House. Full Line of t»odB always on hand.
■nr S. BELL k CO., Lumber Dealers, corner
YV % Pryor and Lino stm ts.
TXT B. LOWE A CO.. Dealer and Manufacturer of
»» • Ready Made Clothing, old stand, Whitehall
street.
m D. FRIERSON, Dealer in White Pine, Doois,
JL • Sash, Blinds, Mouldings, kt\. Broad sir. • *.
LIVERY AND SALE STABLES. j
t’l« A as, TOBACCO, ETC.
ENGELBEitT,' Manufacturers of Cigars anti
JL • Tobacco. Finest brands always ou hand. Broad
street, near Bridge. _ __
J MADSEN, 51 Whitehall street, Manufacturer aud
Of • Importer of Cigars and Tobacco, Wholesale aud
/'ILINT TAYLOR, Proprietor of the Archer Stables, j
Vy keeps always ou hand a large supply of Mules ;
and Horses for sale.
LIQUORS.
X AGElt BEER BREWERY. City Brewery, corner
1 A Collins and Harris streets. Lager Beer, Ale and
Beer, Fechter, Mercer A Co., office iu Old Post Office
Building, Atlanta, Ga.
■nr B. MOSES, Authorized Agent for imported Ha.
YY # vana Cigars, No. 4 Kimball House Block, aud
Kimball House Cigar stand.
"1 OHN FICKEN, Manufacturer, Importer and Dealer
t| in Fine Cigars. Pipes, Tobacco, Snuff Boxes aud
Smokers Articles, No. 17 Peachtree strvet, Atlanta,
CJHEPARD. BALDWIN A CO.. Wholcsalo dealers in
Wines, Liquors and Cigars, No. 11 Decatur street,
opposite the Kimball House, Atlanta, Ga.
KERMAN k KUHRT, Cigars, Tobacco aud Snuff
Whitehall street, near railroad.
/^LAYTON A WEBB, 72 Whitehall street, Atlanta,
\_y Ga., Wholesale dealers in Foreigu and Domestic |
CONTRACTORS
A. TUTTLE, Contractor and Builder, corner
f| « Hunter and Pryor streets. Contract* faith
fully carried out.
pBoriUEToua of the Mountain Gap Whiskies.
XNO. M. HILL, Marietta street, Wholesale Dealer in
♦ | Liquors and Cigars. Residence corner Caiu and
ivy.
COPPER. BRASS AND IRON.
|> M. ROSE A CO., Wholesale Dealers in Liquors
XVi* of the finest brands.
■jk/fil) DLETON & BROS., Coppersmiths, Brass
iyl Founders, Finishers, Gas Fitters and Sheet iron
Workers, Broad street, opposite the Sun Building.
All work done promptly.
ffTPWlOPT k BELLING BATHS, Gas Fitters,
XX Brass Workers, and dealer# in Stoves, Marietta
street, Atlanta.
Z^IOX A HILL, Wholesale dealers iu Forign aud Do
mestic Liquors, Peachtree street.
lli'EADOR BROS., Wholesale Tobbacco aud Liquors,
1?JL 35 Whitehall street, Atlanta, Ga.
MARBLE YARDS.
CANDY AND CRACKERS.
WILLIAM GRAY. Dealer in Foreign aud American
Marble, Mautles, Statuary aud Vases, Alabama
street, Atlanta, Ga.
S'] W. JACK, Steam Candy and Cracker Mauulac-
VJT* tory, Whitehall street. Atlanta.
XX LEWIS’ STEAM BAKERY Manufactures all
|X.« varieties of Cbacxkrs, Cakes, Snapps, etc. South
Forsyth street.
MEDICAL.
f NO. PEEL, Confectionery and Fruits, Fancy
fj Bakery. Also. Bar and Restaurant by Peel k
Knowles. Nos. 26 and 28 Marietta street.
XXR- w. T. PARK, office No. 35Whitehall Street.
■ f p. O. Box No. 158, Atlanta. Ga. Treatment of
Chronic Diseases, Impurities of tbo Blood. Obstetrics
aud Diseases of Women and Children nude a spec
ialty.
OROCKERY AND CLASSWARE.
XXcBKIDE k CO.',"Wholesale dealers in Crockery,
Jrx Glass and Earthenware. Kimball House.
MUSIC AND MUSICAL INSTRUMENTS.
r AW k CO., Wholesale Crockery, Marietta street
JLi nsar Br
/"T UILFORD, WOOD A CO., Dealers iu Music, Or-
\X gans. Pianos, Musical Merchandize, and Impor
ter* of Small Instruments and Striugs, OS Whitehall
Street.
DYE-WORKS.
XAMES LOCHREY, Atlanta Dye Works. Dyeing
f| and Cleaning in all branches. Satisfaction guar
anteed. Post office box 540.
L. BRAUMULLER. Dealor in Musical Instrn-
\Xs monte, Stationery, aud sole agents for Stein way
A Bona’ ami other celebrated pianos, 15 Whitehall
street, Atlanta, Ga.
DENTISTS.
■ ik it. J AM ES ALLEN LINK, Dentist, corner White-
_lX hall and Hunter streets, Atlanta, Ga.
X D. CARPENTER, Dentist, No. 50 Whitehall
JLi# street, Atlanta, Ga.
D. BADGER, Surgeon Demist, Peachtree street.
NURSERYS.
SOUTHERN NURSERY, Irwin and Thurmond
proprietors. Propagators aud Dealer* in Fruit
Trees, Grape Vines, Oruameutal Shrubbery, llot
fins** Plants. *to»
~ FRUITS, VEGETABLES, ETC.
PRIVATE HOARDING HOUSES.
NTONIO TORReTDealer in Fruite, Vegetable*
/\ and Imported Wines, No. 107 Whitehall street,
r Atlanta, Ga. P. O. Box <64.
Kf R8. R. E. WILSON, South Pryor Btreet. between
jXJL Hunter and Mitchell. Large front roo a, with
board. Day boarders wanted.
CROCERS.
ltXUS. A. E. SMITH’S, centrally located, nicely fur-
ItI nished, carpeted rooms, walnut furniture, neat
non CAHN k cAMI', Wholesale Grocers and
I * Y» 1 1 Provision Dealers, 8ft Whitehall Street,
e y, (X Ui ^ South Broad Street, Atlanta, Georgia.
- rn J HIGHTOWER, Wholesale Grocer aud Pro-
affords. Cali and examine. No. 7 ^ Whitehall Btreet.
XONU 11. WEBB, No. 82 Whitehall, and 72 Broad
fj street. Table supplied with tho best tho market
affords.
JL p vision Dealer, Corner Broad and Whitehall Sts.
| Atlanta. _
1 k G. T. DODD k CO., Wholesale G. seers aud
1 X • Provision Dealers, Corner Whitehall and Mitch
ell Htreets, Atlanta.
IhffRH. OVERBY’S Boarding IIouse—Near the
1Y | bridge, convenient to alt tho Churches, Boat
Office, Library, etc.
a FEW ladle# aud gentlemen can bo accommodated
with good board at Mrs. Overby’s, on Broad
treet. Just across the bridge.
TiXISS GREEN, at tho “Larendon House,” on
IyX Peachtree street, can furuiah pleasant room a to
faiuliissur single persons. Day boardor# also ro-
ooivod. __ —
lir X. LAIN*. Family OrooorlM. *1.0 l>«a
YY . IUkory attacked. FuruUke. bridal cake.
L etc.. M.rl.tta .tr.Pt, west of Hprlng’i flret .tore.
IMMONH k HUNT, urocerte. of .very de>erl|itloi
^ Country Produce at low ratea, at JnuoUou o
Marietta and Walton itrMta.
J X 8. OLIVER k OO., Wholesale Grocer, Alabama
tl street, Atlanta, Ga.
PHOTOGRAPH CALLERY.
A DAIR k BRO., Wholesale Grocer, Alabama street
•“ iV. Atlanta. Ga.
421 MITll k MOTE8, Photographic Gallery, over Pope's
^ Drug Store, on Whitehall street. First class
photoaraphs, etc., executed promptly, at reasonable
ates. Call aud see specimens.
■e. TAMES R. WYLIE k OO., Wkoleaal. Grocer, oorne
•J Peachtreo and Wheat etreet..
THE SALE OF
THE LUCK IE PROPERTY,
lias been postponed ono week, to Thursday Afternoon,
May 22. Plats at our ofllce.
myl0-3t WALLACE k FOWLER.
ROYfiL INSURANCE COMPANY
OF LIVERPOOIs
nE ^o-^hntoy,
r John Ryan’s Store, Whitehall Street.
Fire Risks taken at current Rates of Premium, and
OKses settled without retereace to England.
J. E. GODFREY & 80N, Agents,
uovSfl-0m. Atlanta. Georgia.
Chas. Bohnefeld,
Tie University Sena
lieru Mate;
Ktatev;
tl iuom
lira ii til ii 1 Hook*.
Mfliiry'** ^vtMixntphW’a! Series.
Mu! nit*
Hun
IU*««lei> an*! Spoiler.
De » I.L.EK. (YhlNstn* of Htttnry i
Venable’, Arithmetical Series.
Cbtrict 8 f*t»bl*, LLI»
ii*. Tbu*# *»ru «
of tlie
UNDERTAKER AND DEALER IN METALLIC
CASKETS, AND COFFINS OF
desc *
'server.
1 I)eGIVE’S OPERA HOUSE.
MARIETTA STREET ATLANTA.
ATLANTA
STENCIL AND VARIETY WORKS
for. Marietta anil Broad Sts.
DUTTON & FAIRBANKS,
PRACTICAL STENCIL CUTTERS,
Designers and Engravers,
Addkskb Lock Box 351, * ATLANTA. GA.
S TENCIL MARKING PLATES of every description
cut to order. Name plate* for marking Clothing,
with Ink and Brush. 76c; by mail 85c. Baggage, hotel
and key Checks, Notary Public aud Society Seals, Al
phabet* aud everything in the line made to order.
Excelsior Printing Press, with font of tyyea, sent by
mail for $2.00.
Orders Irom a distance promptly attended
dcc4-1v. .
. D. DuPRE,
services to the citizeus of Atlanta, In
brauehes of his profession.
, corner of Cain and Ivy street!,
r Collier & Venable'* Drug Store.
DR
rRENDERS his
Reaidcnc
Office ovi
aprl'.Mit
Clavton County Dep’t Sheriff Sale
W ILL be before the court houie door i» the
town of Joncslvoro. on the first Tueeday in
June next, at the usual hour of male, the following
property fco-wit: _ . _
One house aud lot known as the Baber nou*e,
lot iu said town, on the we**t side of the Maoon and
Western Railroad, bound on tho south by G. F. Dohtosa
aud ou the north by T. W. Merttteth. fKmting on the
Macon aud Western Railroad. Levied ou and re
turned to mo by James Hudson. L. C., to satisfy two
11. fa*, issued in the Justice Court, in flavor of W.,H.
Let*, administrator of W. J. and A. A. Morria, surviv
ing partuer of W. J. Morris k Bro., vs. James M. Ba-
bor, tins May 1st, 1873.
iny j-wtw R. 8. OZBURN, I>*pt Sheriff.
Clayton Sheriff’s Sale.
W ILL BE SOLD, BEFORE THE COURT HOUSE
door at Jonesboro, Clayton county. Ga.. within
the legal hours of sale, on tbe FIRST TUESDAY IN
JUNK NEXT, the following property,to-wit:
Ouo undivided half interest in a HOUAR AND LOT
in tbo town of Jonesboro—same known as the Hudaou
Hotel formerly, now occupied by Mtw- Julia A. Tur-
net. Also, one undivided half Interest in a HOI St
AND LOT, known as tho Hudson Livrry Stable,Ui aaid
town of Jouesboro, now occupied by Thoa. T. Tucker.
Said property, including both of said Lots, which are
adjoining, containing ouo acre, more or leas.
Said property levied on to satisfy nine Justice* Court
ft. fas., issued from the Justices Court of the 491st Dis
trict. G. M.. Henry county, in favor of W. B. Lee, ad
ministrator. Ac., vs. N. G. Hudson. Levied on as the
property of N. G. Hudson. Property pointed out by
plaiutiff *« attorney. Levy made and returned to me
bv James It. Hudson. L. C. R.& OABURN,
May 1.1873. imay4-td] Deputy Sheriff.
Jit „
Unci, +nii orwnprwii
Holmes’s Historj of the Catted States.
By (lanrt* f. Holm**, LL.I>. of th* L’nlwmlty 1
fteia. Th* indy Ui»torj
OB TEBL'S fKkIXCH OHaMMaR. RKaDERU KT*\
GILDERS LEE VE’8 LATIN SERIES,
QUTKH’H ELEMENTS OF GENERAL HISTORY.
HOLMES'S ENGLISH GRAMMARS.
L.B CONTE’S SCIENTIFIC SERIES,
WthmTON'S ELEMENTARY PHILOSOPHY ARU
ELEMENTARY CHEMISTRY.
OffNTONlAN WR1TINO-BOOK8,
AVERY'S NEW DRAWINO-ROOE, ETC.
8«od tor oar n*w ILLUSTRATED DR8CRIPTIVE CAT
ALOGCE. whicc wih fc* nailed free to aay teacher or ecnoe*
•Geer
UNIVERSITY PUBLISHING CO.,
Nkw York and Baltimori.
of Chronic and Acute Rheumatism. Neuralgia, Lum
bago, Sciatica. Kidney and Nervous Diseases, alter
years of suffering, by the taking I>r. Filler's \ e^-
rtablr Kheumatie Syrup—the scientific discov
ery of J. P. Filler, M. D., a regular graduate physi
cian, with whom we are psrsonallv acquainted, who
has for 39 years treated these dieeaaes exclusively with
astonishing result* We believe it our Christian duty,
after deliberation, to conscientiously request sufferer*
to use it, especially persons in moderate circumstan
ces, who cannot afford to waste money aud time on
worthless mixtures. As clergymen, vre serionsly feel
the deep responsibility rosting on us in publicly in
dorsing this medicine. But our knowledge and expe
rience of its remarkable merit fully justifies our ac
tion. Rev. C. H. Ewing. Media. Pennsylvania, suffer
ed sixteen years, became hopeless- lie*. Thomas
Murphy, D. D„ Frankford, Philadelphia; Rev. J. B.
Davts, Highstown, New Jersey: Rev. J. S. Bcchauau.
Clarence. Iowa; Rev. G. G. Smith, Pittsford, V York:
Rev. Joseph Beggs. Falla Church, Philadelphia. Oth
er testimonials irons Senators, Governors, Judges, Con
gressmen. Physicians. Ac., forwarded gratis, with
pamphlet explaining these diseases. One thousand
dollars will l>e presented to any medteme for aaino
diseases showing equal merit under test, or that can
produce one-fourtk as many living cure*. Any per
•on sending bv letter description of affliction, will re
ceive gratis a* legally aigued guarantee, naming tho
number of bottle* to cure, agreeing to refund tho
money upon sworn statement of it* failure to cure.
IDAV1D McBRIDE,
SU0CBS60R TO
McBRIDE & SMIT
MANUFACTURER of
WANTED.
4 PARTNER, TO TRAVEL AND ASSIKT IN 8EI.L-
-\ j.: g .bout pisht thou.*ml dollars' worth of mor-
i humUio. whirl! will t»k« about lix mouth,, making
at I .mat 100 i«r rent, on aaloa. A rare opportunity for
a Hvo and oanrgaUo man with arnall capital.
Addrrea A. J. 8.,
m,j9 Iw Thia Ottire
Fine Carriages,
PHAETONS,
ROCKAWAYS AND BUGGIES.
Repairing Promptly and Neatly
Executed.
DA VIP McBKIDK,
•ri.U 35 Decatur Stri ct
W« S. r A ML INS. W ARXSUL ALLS
PARKINS & ALLEN.
^chitf^ts and £upemt^<kuts.
Will tarnlah Plana and SpecUkmUoni for
CHURCHES, BANKS, STORE BUILDINGS,
AND DWELLINGS.
OF ALL DESCRIPTIONS.
OFFICE. Corner of Pryor and Dooalnr Strreia, op-