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WEDNESDAY, - AUGUST 22, 1877.
CROP NEW*.
The friends of the Chbosicle asd
Constitutionalist in Georgia aud
South Carolina will greatly oblige us by
sending, from time to time, brief let
ters showing the condition of the crops.
We would like to have a letter onoe a
week from every locality where the
Chronicle and Constitutionalist cir
culates.
C APTAIN F. W. DAW SON.
We publish this morning in the
Chronicle and Constitutionalist a let
ter from Rev. A. Toomer Porter relat
ing the account recently given by
Commodore Phgram of the gallant ser
vice rendered the South during the war
by Captain F. W. Dawson, now one of
the editors and proprietors of the
Charleston New* and Courier. Com
modore Peoram was a distinguished offi
cer of the Confederate States Navy, and
compliments from si.ch a source must
need be gratifying to any mao. He
does not stint his praise in speaking of
the career of Cupt. Dawson, but bear'
unsolicited testimony to the zeal, the
devotion aud the conspicuous gallantry
displayed by the young Englishman in
the cause of constitutional liberty. But
it is as a journalist that Capt. Daw
son is best known, and bis ser
vices in that field have been of the
greatest value to his adopted Htate and
section. He has striven long and un
tiringly to raise bonth Carolina to he.
proper place in tiie American Union, and
has advocated, with all the ardor of his
nature, every measure calculated to pro-
Uer material or political prosperity.
Tke splendid work done by Capt. Daw
son aud his eolhaagne of the News and
Courier in the great Hampton campaign
of last year-work which never ceaseo
nntil Drowned with vietory-is still fresi
in the winds of Carolinians and Geor
gians. It affords ns great pleasure t.
publish the letter of the distinguish*
divine who gives the words of Commo
dore Peoram when speakiugto Caro ini
ns of one who has done so muoh for
Carolina. t
The Cincinnati Gazelle calls Colon'
j. Matthews “a hot-blooded South
erner.”
The Boston Globe thinks good char
acter and fair wages better protectors
than a bell-punch.
The New York Tribune of a late date
admits that the sugar market is not so
hopelessly gone as it thought it was.
Tub Chicago Time* defino3 a Commu
nist as a citizen who wants to earn his
broad by the sweat of another man’s
brow.
Blub glass was, acoording to the
Hartford 'Times, the only remedy not
tried on the mob at Pittsburg aud other
places.
Ip the missionary work of Russia
Khali continue muoh longer, there will
not be many Bulgarians to protect or
Polandize.
The intense anxiety displayed by Vir
ginia hotel keepers has frightened the
President, and helped postpone his
Southern tour. _______
It is rumored that Mr. John W. Gar
rett will decline the Presidency of the
Baltimore and Ohio Railroad Company
at the nest election.
No, wo do not know the address of
Senator Morgan, of Alabama, but think
a letter sent to Selma would reach him
in the oourse of time.
Lydia Thompson’s arrival at New
York, with thirty blooming blondes,
has caused n sensation nrnoug a oertain
class of bald-headed men.
Last Wednesday was the anniversary
of Napoleon’s birthday. fie would
have been 108 years of nge had ho led a
healthy life up to that time.
—
All accounts show that the wheat
©tops of the Northwest are prodigious.
Fair rates of freight on railways ought
to give ns cheap flour this season.
■
The Nashville American thinks the
Turkish butcheries at Eski Sagbra weio
Allali-mode; ami the New York Express
calls an Ottoman panic a harem-scarnni.
Thu New York Tribune still insists
that Senator Ben Hill has buried lnu
war horse. If tho Senator has lmried
any of his hobbies we have yet to hear
of it.
The Ilusso-Turkish war has degen
erated into a series of massacres—sll
iu the name of Jehovah and Allah.
It is a dreadful profanation of holy
names.
Thf. Astor House bar room is the most
successful in the United States. It takes
in g 1,500 a day. It is said too that the
Astor does the safest hotel business in
New York.
A newspaper paragraphist reminds his
readers that the divine command to
increase and multiply is not found iu
the New Testament, aud that hard times
must be considered.
■ a w
It is confidently predicted that Jim
Blaine’s candidate for Governor of
Maine will come out of the contest with
the smallest Repnblioau majority ever
known iu the Piue Tree State.
- ■ •<■ -
It is said that the Mrs. R. B. Hayes
Temperance Association propose to put
the regulation of beer drinking iu the
bands of the Government. Whether in
the hands of the male or female head of
tl e Administration is not stated.
Old man Mott, of Columbus, taught
Secretary Thompson how to sew, about
the beginning of the present century.
Mr. Mott evidently thought it was time
to reap. Hence his recent experiments
in moral agriculture at Washington.
According to a New York correspon
dent, the Syndicate own John Sherman
and the Rothschild* own the Syndi
cate. Therefore, the Rothschilds con
trol the finances of this country, aud
one of the results of the war has been
the transfer of the United States, by
mortgage for generations, to a foreign
banking boas*.
The New York Awn thicks the spade
is the onlv match againet the repeating
rifle, that the Turks have won against
the Russians by discerning that truth and
acting upon it; and that the French
might have saved their eountrT if they
had dug more earthworks and foaght
fewer battles in the open field.
moral of all this seems to be that recent
events prove that the Turk, like Ben
Butler, may be a monster, but he is
not a bit of a fool.
—i
President MacMahon’s great grand
father w.as an Irish Doctor. He made
his fortune by getting into tho good
graces of a bed-ridden old woman, who
left him SOOO,OOO. A law suit super-,
vened, which continued uP to *be revo
lution. All of the coutost. ants f mi "
grated. Napoleon invited the tkTgiiive
noble-sse to return to France or fon.eit
claims on estates. The MaoMahons re
turned; the other litigants did not.
Hence the fortune of the MacMahon
family. >
Postmaster-General Key made a
rather anseemly exhibition of himself
•t Bennington Thursday when he spoke
of the fraternal feeling on the part of
the people of the North towards their
erring Southern brethren.” Northern
gentlemen will agree with ns as to the
bad taste of such a speech from such a
source. Mr. Key makes a very melan
choly spectacle of himself when playing
the role of the returned prodigal. Ee
had better decline to eay anything at all
t the next Northern celebration.
THE ELEC TION IN DECEMBER-
The final action of the Constitutional
Convention ou the proposition to elect
the next General Assembly in Decem
ber, at the time when the new Constitu
tion is submitted to the people for rati
fication or rejection, will cause a very
exciting political campaign in the State
during the ensuing three months. The
object of this action, as explained by
those who proposed aud favored it, is to
have the Legislature composed of men
elected under the new Constitution
men attached to the instrument
and who will put it in immediate opera
tion—and to cause the people to take an
active interest in the election at which
the fate of the Constitution must be de
cided, and have the full vote of the
State polled. Although the election
will take place in December, the Legis
lature elected will not meet nntil No
vember of next year, and the expense of
the January session will be avoided.
The Convention proposes to pass an
ordinance continuing the tax and appro
priation acts of this year in force dur
ing 1878, so that no embarrassment may
be experienced in conducting the affairs
of the government. We are inclined
to think, however, that it would
have baen the better plan to have
brought on the election in December
and let the uew Legislature meet next
January. That the course pursued by
this Convention will cause a large vote to
be polled we have not the slightest doubt.
We do not believe that any consider
able number of the members of the
present General Assembly will com
plain of the curtailment of their terms
of office, or that many of them will op
pose the ratification of the Constitution
on that account. On the other hand,
lumbers of people who may be opposed
tko the Constitution will vote for it be
cause they have personal friends run
ning for office who can only be success
ful in the event of the ratification of the
instrument. The fact, too, that the
legislature to be chosen in December
vill elect a Uuited Htates Senator to
uccee-1 Senator Gordon, whose term
expires March 4th, 18711, will also add
*o the interest of the contest. It is
reasonable to suppose that General
Gordon desires to be his own successor.
As yet wo have notjiicard of any one who
expects to oppose his re-election, but
the qnestion has been sprung very sud
denly and it is hardly probable that
such a splendid prize will be taken by a
walk-over. If we are not mistaken the
new Legislature will also have to elect
about ono-half of the Judges of the Su
perior Court. If the report in favor of
reorganizing the circuits be adopted
then all the Judges will have to be
elected. But wtiiie *ll these things will
operate to canse the polling of a heavy
vote it must not be expected that the
vote will be altogether Democratic, or
white. On the contrary, there is good
reason for believing that the full color
ed vote will also be polled. The character
of the contest will ba such—so many in
terests will be involved—that the negroes
will come out to a man. We have not the
slightest idea that the'.Republican party
will organize for the campaign, or that
it will take part in it as a political or
ganization. We do not think that Re
publicans will be run as candidates for
the Legislature in half a dozen counties
in the State. But we do believe that
the negroes will he rallied against the
Constitution, and that while voting
against the instrument they will vote for
the men of their choice—among the In
dependent Democratic candidates —for
the General Assembly ; and instead of
being discouraged from voting as they
have been in former contests, they will
be sought out aud brought to the polls
by those who desire their ballots east
for or against the Constitution or for or
against Smith or Jones for Senator or
Representative. We believe that in
nearly every county in the State there
will bo seen Independents and nominees
running against oach other, and that
both sides will make strenuous efforts to
obtain votes. When the campaign opous
it will prove the hottest that lia* been
seen in Georgia since the memorable
contest of seven years ago, when the
death blow was Joalt to Radicalism.
(GENERAL WOFFORD. '
General Wofford’s course in the Con
vention has provoked somo harsh criti
cisms from tho press, aud in several
quarters lie has been roundly denounced
as a demagogue seeking simply the ac
complishment of his own selfish
schemes. We have had occasion to
differ with General Wofford as to the
wisdom aud propriety of several meas
ures which ho has warmly advocated in
the Convention, but wo oannot subscribe
!to the justice of such accusations. On
tho contrary, wo believe that in every
thing lie has said and done since he
readied Atlanta General Wofford has
been actuated by a sincere desire to pro
mote what he conceived to be the public
good. Whether ho was right or whether
his critics were right, tho verdict of the
people must determine. General Wof
ford’s life has certainly not shown him
to he either u demogogne or a place
hunter. Of the many brave men whom
Georgia sent to tho field to repel the
tide of invasion, there was none braver
than he. His conspicuous gallantry
was illustrated on a hundred fields of
battle, and caused his promotion to
high rank iu the Confederate army.
Wherever he was engaged the official
reports spoke iu terms of high praise of
the deeds of "Wofford ’• Brigade,” and
ou more than one occasion L.ee, the
i Great Commander, himse'f bore flatter-,
iug testimony to his bravery and devo
, tion. With such an army reputation
General Wofford would uot have fonnd
it a difficult matter to obtain office in
Georgia if he had desired to do so;
once, and but once, do we find
that his name was used in connection
with any position. He was sent as
a delegate to the {lonvention without
solicitation on his part, because the
people who knew him best wished the
State to have the benefltof his talents and
his patriotism. If he be indeed a dema
gogue he is not a very deep or skillful
' one, for the measures which he has ad
vocated moat warmly are those which
would array against him the most for
midable oppositioa, la opposing the
imposition of a poll tax as a qualifioa
tiou for voters he runs counter to the
1 views and wishes of nine-tenths of the
i political party which has such an im
-1 mouse majority and such unlimited
power iu this State. Iu endeavoring to
| abolish tho cruel aud brutalizing chain
t g#U g system, he provokes the hostility
of the most prominent and influential
men in Georgia who are members of the
companies that work the eon
victs—men connected w7 f h the State
government, U nffnd States Senators,
leading politicians, grangers, etc. As
we have intimated before, it has ao hap
; peaed that the Chronicle and Consti
j TUTioNALiS* has opposed nearly every
measure which /General Wofford has
. favored, but we cannot join in the un
- uiat denunciation of a Georgian whom
I "we has© pyery reason to believe is as
i honest and patriotic in peace as he was
' loyal aud daring in war.
It ia said that Mr. Beecher indicates
quotation marks ia bis sermons by hold
ing np two finger* on es*b side of his
head. Hence when he said it was “d—d
hot," nobody objected, because the
’ aggers explained it all.
Ex-Gar. Morgan says Mr. Schtrz
was paid #I,VW for eleven days’ speeebi
i fyiug for Grant in 1868. From all ac
: counts, Mr. Schubz is the greatest
luxury as an orator ever kuoyn since
the beginning of the world.
General Toombs, in discussing the
corporation question in the Convention
yesterday, again avowed his intention to
defend his cause before the High Court
of Heaven. Is it not a littto imprudent
for the General to make arrangements
for appealing so many cases to a tribu
nal in which he may not be admitted to
practise ?
A SOUTHERN EDITOR.
The A raj Uareer el Southern Jurnnlit—
An Enctlnh Youth Who Determined to Fiffhl
far the Senth—llia Fidelity and Gallantry
—Wonadi and Promotion The Stery a*
Tald hr < ommodere Pearrnm. af the Cenfed
erate Nary.
Editors Chronicle and Constitutionalist:
I was last week at the White Sulphur
Springs, in Virginia, where I met Com
modore Pegram, who is so well known
throughout the country. In the conrse
of conversation, at which Dr. Wm. Ha
ger, Mr. Frank Huger and other Char
lestonians were present, the Commodore
gave us the following information, which
was so new to all of ns, that I determin
ed to publish it, which I now do, with
the Commodore’s consent, that the gen
tlemen whose heroic conduct is narrated
may receive at the hands of his fellow
citizens that honor which he has so rich
ly merited. In the year 186—, Commo
dore Pegram, then in command of the
Nashville, was, with his wife, in English
waters. One day a very bright-eyed,intel
ligent, well-mannered young gentleman,
an Englishman, came to him, aDd asked
that he might take passage with him to
the Southern States, as he wanted to
come and join the army of the Southern
States. Commodore Pegram refused the
request, saying he was under age and he
could not think of taking the youth out
among strangers, to run all the risks of
war. The young man besought the
Commodore, but in vain; he asked if
he could get the consent of his guardian
if he would then let him have passage ?
The Commodore still declined. The
youth then went to Hon. W. L. Yancey,
then in London. He so worked upon
Mr. Yancey’s feelings that he wrote an
earnest request to the Commodore to
bring the young man over. Still the
Commodore refused. Just then the
Queen of England, having gone down to
the coast, and seeing the Tuscarora and
Nashville in port, ordered both to sea.
This command, for reasons, the Commo
dore declined to obey, and he went np
to London to arrange for his stay.
While away some hands were shipped on
the Nashville, aud in due course she put
out to Bea. Some days after the Com
modore was accosted by a very
bright youth, who was all begrimed
with coal dust and dirt. He asked who
he was and where he had come from,
and to his surprise found it was the
young man who had tried to oome as
passenger. He told the Commodore he
must overlook it, but he had determin
ed to fight for the South. The Commo
dore, pleased with his spirit, told the
officer of the ship to put him to some
other work. One day a certain paper
passing through the young man’s hands
to the Commodore he said it was very
bad English and if the Commodore
would allow him he would correct it.
This was done, and so excellent was the
report as made out by the youth that
the Commodore immediately made him
the Captain’s clerk. On the arrival of
the Nashville in the South the
Commodore informed the Secreta
ry of the Navy of his appoint
ment and asked that it be con
tinued; this was at once done. Soon af
ter this Commodore Fegrara was put in
command of the James river squadron,
and took the English youth with him, to
whom he had become greatly attached.
The Commodore says more faithful or
intelligent servico he has never seen
rendered than did that young man give
to a cause for which he had left country
and friends, and had oome a perfect
stranger to help them in their struggle
for constitutional freedom. The fleet in
the James river was for a long while in
active. It seems that this young man’s
spirit chafed, for he had come to fight,
and so one night a splash was heard
alongside of the ship, and soon a man
was seen rowing over toward the enemy.
There was a general discharge of gnns at
him, but it was not known whether he was
hit or who he was. The roll was called,
and none was missing but the young
Englishman. The Commodore was very
much hurt by this, but he felt Bure it
would be explained. A few days after
wards there was a very heavy engage
ment, in which Captain Pegram’s bat
tery was in the thickest. After the fight
Commodore Pegram received a message
from his relative, saying there was a
young Englishman with them badly
wounded who wished to pee him- The
Commodore went at onpe. Qgptftiß Pe
gram told him that he had never witness
ed such cool bravery in his life as this
young man had displayed; that he
knew he had come from his ship;
he Jj.ad told all the circumstances.
He had SWPffi out towards the
Yankees to escape opr sentinels,
but had turned as soon as possible and
had swam to Captain Pegram’s battery
where he had taken part in the fight and
had been severely wounded in the leg
and the shoulder, The Commodore had
him taken to Mrs. Cary’s in Richmond
and carefully nursed. While there an
order was issued for an examination of
men for office in the ordnance depart
ment. Commodore Pegram furnished
his yoj;ng friend with books and came
two or three Cm 6B a week to examine
him. The Commodore s@ys he pro
gressed sj rapidly that soon he found
himself unable to examine him, as he
knew mor/s abouf; R th*P he did. He
introduced the young woupded matt to
aoertaingentleman in Richmond who had
some very flue horses. This gentleman
conceived such a liking for the intelli
gent bravo young fellow that he offered
him the pick of his horses if he would
oome out Jifo. I in the examination. This
the youth modestly Sfiid pppld scarcely
be expected. Well, said the gefiUptnan,
pass your examination aud yon shall
have the second choice. The examina
tion came off, and the young man same
opt No. J. The best horse of the sta
bles was given him, and still wounded
aud against remonstrances he reported
for duty. Before the w*r was over lie
had pushed himself up to the first posi
tion in his department. Commodore
Pegram’s history is much longer than
this, but it may be summed np in these
words—that in all his experience of
men he never met jpith more devotion
to duty, more gallant action, seldom
more ability than this young English
man displayed on all occasions, and in
every position, and now he has for him
the most sincere and devoted affection.
The circle to whom tfaesu tbiflgs were
told were all so ignorant of them that it
oocurred to us that many others were
curious, and that was only due to
ourselves that we should all know the
record of one who has for weal or woe
cast in his lot among us. This young
Englishman, my fellow-citizens, is none
other than F. W. Dawson, Esq,, one of
the able editors of the Charleston News
and Courier. Ail honor to whom honor
is due. Respectfully,
A. Toomer PoutEß.
CONDITION OF THE CROPS.
The tri4>Prospect In the Republic of Colum
bia.
f Correspondence Chrotiicleand CotutUutjonalist]
Columbia County, Ga., August 15.
After the long and fearful drouth, by
the effects ot which corn has been cut
of at least 13 per cent, everywhere that I
have heard of (m some places jjo crop
at all made), the rain has set in, of
course in fodder palling time. Rut the
Lord knows best, though I rather ex
pect some of your merchants and cotton
factors will wish the rains had fallen
differently, at all events. Asa good
many of them belong to the Y. M. C. A.
I’ve no'douht $$ charity is the funda
mental principle of jjh 3 religion they
profess they will exercise it next year.
I opine the cotton crop will torn ont
much better than was anticipated.
Where it has been worked it is well
fruited §nd is now growing finely, al
though ft Wm? but one month more to
make in, and cqtjtoM ,wcs planted late,
three weeks, I believe the planters con
tend, later than usual. This is the finest
fruit year we have had in many years;
come up, and we’ll feed [you on peach pie,
aud if it were not against Mrs. Hayes’
religion jrc’d try to still a little peach
for your health —fe EfijSjJ none up here,
Colombia county “branch water is
strengthening enough for os.
District No. 3.
-
THE INWAg
lieu. Gibbon SUM ItC** I"** 1 "** Tb*l HeLioJ*e.i
A Victor, Over the P"®* 9 ’
Chicago, August 17.—The following
was received at military headquarters :
“Deer Lodge, Mont., Aug. 15.—2 b Gen.
Terry, Commanding Department: I
have jnst arrived. The wounded are
getting along well, thanks to the prompt
assistance sent by the citizens of Helena,
i Deer Lodge and Batter. They will
reach here in three days. Gen. Howard
left the battle field in pnrsnit day be
fore yesterday. Only fifty of his in
fantry were up, and I sent with him
three officers and fifty men. I met Nor
wood’s company of the Second Cavalry
on the Big Hole, ad he is probably
with Howard by this time, Cashing’s
two companies of artillery passed here
this morning in wagons, and I have or
dered them to posh down the stage road
at forty miles a day, if their stock will
stand it. I have also telegraphed the
commanding officer at Fort Hall to start
some of the Bannocks np towards Lewhi
and the mountain passes, to get infor
mation as to which way the Nez Peroes
are heading. They cannot travel rap
idly tfitii Jheir wounded, and the next
time they are struck they will be rained.
Many thanks for yoar cordial recogni
tion of onr services in jrqor dispatch of
the 13th, received yesterday,
[Signed] Gibbon, Commanding.
The Memphis Ledger, with no other
provocation than the fact that Mr. Or
bns is a San Francisco policeman, goes
to work and wantonly talks about a clear
case of Collar ’em Orbns.
THE CONVENTION.
THIS AUTHORITY OF THE STATE
OVER RAILROADS*
A New Legislature to be Elected iu Decem
ber—Local LeUlaliou—The State’* Right
of Taxation— Too tub* and Brown In the
Lfata—Are Kailway* Public Highways?—A
Lengthy Di*cus*ion—The Debate and the
Debaters—The Result.
\ Special to Chronicle and Constitutionalist.]
Atlanta, August 16—The Constitu
tional Convention met in the Capitol
this morning, at half-past eight o’clock,
the President, Hon. Charles J. Jenkins,
in the Chair.
The Legislature Guillotined.
After the reading of the journal Mr.
Tuggle, of the Twenty-seventh District,
moved to reconsider the action of the
Convention yesterday in adopting the
following substitute, offered by Mr.
Hamilton, of the Forty-second Distriet,
for paragraph two of section four of the
report of the Committee of Revision on
the Legislative Department:
The first election for members of the Gener
al Assembly, under this Constitution, shall be
held on the first Wednesday in December,
1877. the second election on tiie first Wednes
day in October, 1880, aud biennially thereafter
until changed by law.
The President said that a3 Mr. Ham
ilton’s substitute had been adopted after
a motion to reconsider paragraph two of
section four had been carried, Mr. Tug
gle’s motion for further reconsideration
was out of order.
Mr. Tuggle appealed from the decis
ion of the Chair. The appeal was not
sustained by the Convention.
l.oral l.eidslatiou.
Mr. Matthews, of the Thirtieth Dis
trict, moved to reconsider paragraph
fourteen of section seven in reference to
local legislation by the General Assem
bly. The motion to reconsider was laid
on the table.
Tbe Right of Taxation.
Mr. Brown, of the Thirty-ninth
District, moved to reconsider paragraph
one of section one of the report on the
power of the General Assembly over
taxation, which wa3 adopted yesterday,
as follows:
Par. I. The right of taxation is a sovereign
rig- t—inalienable indestructible—is tho life
of the State, and rightfully belongs to the peo
ple in all Republican governments, and neith
er the General Assembly, nor any, nor all. oth
er departments of the government, establish
ed by this Constitution, shall ever have the
authority to irrevocably give, grant, limit, or
restrain, this right; and all laws, grants, con
tracts, and all other acts whatsoever, by said
government, or any department thereof, to ef
fect any of these purposes, shall be. aud are
hereby deolared to to null and void for every
purpose whatsoever; and said right of taxation
shall always be under the complete control of,
and revocable by, the State, notwithstanding
any gift, grant, or contract whatsoever, by the
General Assombly.
Mr. Brown said he denied the truth of
the proposition that the right of taxa
tion is a right “inalienable and inde
structible.” He failed to see why gen
tlemen in the Convention were so anx
ious to legislate corporations out of the
State. At all events, he desired the
section reconsidered, because it stated
things which were not true and con
tained assaults upon corporations which
were unjust.
Mr. Toombs, of tho Twenty-ninth
Distriot, opposed the motion to recon
sider. He said the right of taxation did
belong to every sovereign State and per
tained to every independent nation.
The United States Supreme Court,
whose decisions the gentleman (Mr.
Brown) had cited to prove that charters
are oontraots, and that no subsequent
legislation by the State could revoke
them, had always attacked the authority
of the States over taxation and the right
.of the States to looal self-government
generally. He would maintain the su
preme right of a sovereign State over
taxation before all the Courts of the
land—even before the High Court of
Heaven.
Mr. Hudson, of the Twenty-ninth
District, moved to lay the motion to re
consider on the table.
The motion to table was carried.
Some discussion then ensued over the
mode of procedure in considering the
report of the Committee on the power
of the State over taxation. It was final
ly determined to consider it by para
graphs, as heretofore.
Mr. Casey, of the Twenty-ninth Dis
trict, was granted leave of absence for
the remainder of the session, on account
•of protracted sickness in his family.
A memorial was presented from Rich
mond Vale Grange of Richmond county,
requesting the Convention to sustain
the State Agricultural Department. It
was read,
Risi'rliiiiniuiun iu ltnilway Rates.
The Convention resumed tho consid
eration of paragraph one of section two
of the taxation report, as follows :
Par. I. Railways heretofore constructed,
or that may hereafter bo constructed, in
this State, aro hereby declared p iblic high
ways, aDd railroad companies common car
riers. The General Assembly shall pass laws
to correct abuses, prevent unjust discrimina
tions am) extortion in the rates of freight and
passenger tariffs ou the different railroads in
this State, and shall, from time to time, pass
laws establishing reasonable maxinpim rates
of charges for the transportation of passen
gers and freights on said railroads ; establish
by law uniform rates on the same commodities
as nearly as practicable, and enforce all such
laws by adequate penalties.
Riiilroiiil Pools.
Mr. Mynatt, of the Thirty-fifth Dis
trict, offered tho following amendment
to come in after the word “carriers ” in
line five:
And it shall not be lawful for them to
charge for freights or passengers a greater
amount for the transportation of the same for
a loss distance than the amount charged for
any greater distance, nor to chargo more for
freights and passengers going in one direction
titan foj: the samo class of freights or passen
gers going "iii an opposite direction ovor tho
same portion and distance o t the name line,
nor shail they make combinations to divide
earnings except upon the basis ot the actual
earnings of oach road.
Mr. Mynatt said that the system of
polling earnings, as practiced by the
railroad companies now, defeats compe
tition aud should he forbidden. Is it
wrong, he asked, to say that the Central
Railroad shall not carry cotton two hun
dred and eight miles from Jonesboro
cheaper thf)n fron) Jonesboro to Atlanta ?
Is it wrong'tp pqrrept snph abuses, or
ganized for the solo purpose of concen
trating trade at one given point to the in
jury of all the others f Competition is the
life of trade, but if pooling is allowed
the community is robbed of all the bene
fits that flow from competition. Even
ex-Governor Brown, when Chief Justice
of the Supreme Court, had favored just
competition by railways as protecting
the peopje against the overshadowing
power of railway corporations. He read
from Governor ’Brown’s recent memorial
to the committee to show that he now
entertained opinions exactly the reverse
of those which he had expressed when on
the bench. He explained the change by
saying ttnjJ in one case Governor Brown
was an impartial tludge ; in the other
he was an interested party. the
Convention adopt the views of the Chief
Justice of the Supreme Court or the
views of the President of the Western
and Atlantic Railway ? The Convention
seed not be afraid tg act in this matter.
The correction of such abuse? would not
injure the delegates with the people.
Are Railroads Public Highways f
The President, Mr. Jenkins, left the
Chair and spoke to Mr. Gartrell’s sub
stitute for the paragraph which was of
' fered yesterday, as follows :
Every railroad fie, etc fere constructed, or to
be hereafter constnicte'd; in tfie State, is de
clared a public highway, in so far as tb ha ,reo
to all persons for the transportation of per
sona and property thereon under such regula
tions as may be prescribed by law, and railroad
companies are declared common carriers The
Genet al shall paee laws to correct
‘ abuses, prevent unjust discriminations and ex
tortion in rates of Ireignt £nd passenger tarifFs
on different railroads in the State, and shail,
from time to time, pass laws establishing rea
sonable maximum rates of charges for the
transportation of passengers and freights on
said railroads, and enfsree all such laws by ap
| propriate penalties.
Mr. Jenkins said it was not true,
as asserted in the substitute, tlmt
railroads are public highways. The
word “public” means pertaining
ot belonging to the community,
and if toiiways be indeed- public
highways, then every ooufity owns the
--t'on of the road which ps3es tn.rough
po- - lath# Sri* pl“ ce every
its territory. -.4 hsd iO fee simple,
railway owns its ro_ jnq
Then it levels down the
upon its own soil, and at its own ex
pense builds the wooden and iron su
perstructure. Even so much of public
highways as is covered by bridges and
ferries is private property. Public high
ways are improved and repaired by the
public and at the expense of the pub
lic, bat railways are kept in order by
and at the expense of the companies
owning them. If they axe public high- j
ways then any gentleman who purchases
a locomotive may put it on the Central,
Railroad and run it at his pleasure. The
assertion that railways are public high
ways ia manifestly untrue.
Mr. Cooper, of the Thirteenth Dis- 1
triet, said he came from a section or the i
State which had felt the iron heel of op- 1
pression and which asked the Conven- i
tion for relief from the tyranny of rail
way corporations. He said he made no
assault upon these corporations. He
simply asked for justice at their hands.
Whether railways are public highways
or not the Supreme Court of the United
States had declared that the States
had the right to regulate the rates of
transportation over them. Complaints
against their arbitrary and unjust exac
tions are now heard in every section of
Georgia. The person who ships cotton
from Albanv to Savannah pays ten cents
less per bale than the shipper from
Americas, although Albany is one hun
dred and thirty-five miles farther from
Savannah—by way of the Central Rail
road—than Americus.
Mr. Hammond, of the Twenty-second
Distriot, said it was immaterial whether
railroads were public highways or not.
The great principle involved is, whether
the people of Georgia will prevent ex
tortions or abases by railroad corpora
tions. For soma purposes railroads are
public highways, and the Constitutions
of Illinois aud’Miß6ouri so declare them.
The people of Georgia had spoken un
mistakably on this point, and had de
manded that the Convention should say
in the Constitution that there shall be
no more discrimination, no more extor
tion. When the Convention had done
this, it would have done justice to the
people it represented.
Mr. Tift, of the Tenth District, op
posed the adoption of the substitute.
He said that it was true competition
was the life of trade. He thought that
if railway charges were unjustly made
the Convention had the right to regu
late them, but if they are below the ac
tual cost of transportation at one place,
it would be wrong to compel the com
pany to follow this ruinous rate all along
its line. He said the Convention did
not have authority to prevent discrimi
nations, because discriminations are the
result of competition, bnt it did have
the power to interdict unjustly high
charges or extortion, and here their ef
forts should end.
Mr. Toombs, of the Twenty-ninth
District, said lie denied the correctness
of the position assumed by Mr. Jen
kins. He cited authorities in support
of his assertion that railroads are pub
lic highways. He said they were built
on the public’s land. They could not
take tho land of private individala if it
were for private uses. Ho had a right
to go on a turnpike, which is a public
highway, if he chose, yet he must pay
the toll demanded and could only use it
according to the mode prescribed by
law.
Mr. Wallace, of the Twenty-third Dis
trict, spoke iu opposition to the substi
tute. He said the very authority Mr.
Toombs lmd quoted conclusively showed
tho broad distinction between railroads
and public highways. Alludiug to the
difference in the rate of freight charged
on a bale ot cotton from Albany to Sa
vannah aniHrom Americus to Savannah
he said that Americus would have the
same advantage as Albany, when, like
the latter, she has three competing lines
ol railroads.
Mr. Flewellyn, of the Twenty-fifth
District, offered a substitute, which Mr.
Gartrell accepted in lieu of his own,
simply declaring rnilway companies
common carriers. The substitute was
laid on the table.
Mr. Hammonds’, of tbe Thirty-fifth
District, amendment to strike out the
word “shall” in lines five and nine of
the original paragraph aud insert the
word “may” (so as to leave the matter
optional with the General Assembly)
was laid on the table by a vote of 94
yeas to 48 nays.
Mr. Gartrell, of the Thirty-fifth Dis
trict, moved to amend the original para
graph by inserting after the word
“highways” in line four the words, “in
so far as to be free to all persons for
transportation of person and property
thereon, under such regulations as may
be prescribed by law.”
Mr. Toombs, of the Twenty-ninth
District, said he thought this was a
sensible amendment.
Mr. Coats, of the Twenty-first Dis
trict, moved to farther amend by add
ing “railways heretofore constructed
are declared public highways for travel
or transportation under regulation of
law, and railway companies are declared
to be common carriers.”
Pending action the Convention ad
journed until 1 o’clock, p. m.
At the afternoon session the argu
ment upon the amendments and substi
tutes to the second section of the report
relative to the regulation of railroad
freights was resumed and continued to
the hour of adjournment without action.
The discussion was participated in by
Messrs. Collier, Guerrard, Screven and
Toombs. The debate was very able and
interesting. Gen. Toombs occupied the
floor for one hour.
The Treasurer Cannot Pay Any More Per
Diem.
The Attorney-General has decided that
the Treasurer is not authorized to pay
the Constitutional Convention any
amount above the $25,000 appropriated
by the Legislature for the purpose of
defraying the expenses incurred. This
amount was expended several days since.
Pay of the Delegate**— l The Branch Bond*—
Regulation of Knilwny**—Toouib*’ mono
mania Lawton’** Speech - Hammond
Against the Measure—Toouib**’ Reply—A
Partial Victory For tbe Railway*—Suing
Corpora lions—Jenkins’ Views—Toombs ou
the State Road.
[Special to the Chronicle and Constitutionalist.]
Atlanta, August 17.—The Constitu
tional Convention met in the Capitol
this morning, at half-past oight o’clock,
the President, Hod. Charles J. Jenkins,
in the Chair.
The Pay of Delegates.
After the reading of the journal of
yesterday’s proceedings, Mr. Edge, of
the Twenty-first Distriot, called the at
tention of the Convention to the question
of the payment of the per diem, and
mileage of the delegates. He offered a
resolution that as the State Treasurer
under the advice of the Attorney-Gen
eral deolinps tq pay opt any money on
account of tho Convention in excess of
the twenty-five thousand dollars appro
priated by the act of the General As
sembly, the President of tho Conven
tion appoint a committee of nine,
one from each Congressional District, to
consider the matter and report to the
Convention what is proper to be done in
the premises. Tho resolution was
adopted.
TIIO Branch Bond**.
The President presented to the Con
vention a communication from Maj.
Thos. P. Branch, of Augusta [published
in the Crroniple and Constitution
alist yesterday morning], asking that
the Courts be opened to Turn to adjudi
cate his claim against tho State, on ac
count of the Macon and Brunswick en
dorsed bonds purchased by him on the
faith of the action of tbe Legislature of
1871—’3, declaring them to be valid and
binding upon the State. In presenting
it the President said that strictures had
been made upon him for presenting me
morials relating to the disowned bonds,
but he esteemed it his duty to present
all memorials which were respectful in
tone and language.
A motion was made to lay the memo
rial on the table, ftftt was lost by a
vote of 49 yeas to 62 nays, and the me
morial was referred to the Committee of
Final Revision.
Lawton on the Railway Report.
The consideration of the report on the
power of the State over taxation was re
sumed, and Mr. Lawton, of the First
District, spoke in opposition fo section
two, giving the Legislature thp right to
regulate the rates of freight and prevent
freight discriminations. He said that
this report was emphatically General
Toombs’ leport, *hd W* B endorsed by
none of the thirteen oommittees of the
Convention.
Mr. Fontaine, of the Twenty-fourth
District, interrupting him, said that
whether a committee endorsed it or not
sixty or seventy delegates who were not
on the committees favored the report.
IJr. Gartrell, of the Thirty-fifth Dis
trict, also eailed 1 attention to the fact
that he had introduced an original reso
lution on this subject soon after the as
j sembling of the Convention.
Mr. Lawton said he wished to detract
: not from the credit of the gentleman as
the originator of the resolution, but
though introduced by him it was not
acted upon by a single committee. The
gentleman from Wilkes, like all other
men, has a monomania, and that is op
position to railroads. His report con
tains utterances not true in principle
i nor tenable before intelligent minds.
The man of true courage will be caU'*
; tious about taking positions that are un
j reasonable, but it is nothing new that
I “fools rush in where angels fear to tread. ”
{ After ail the fi,Uߣticn js whether the in
j terests pf i-Lc
i pot of particular localities Of_cqrjgox
i iiOffii ttri to be snbseryed. Who con
■* a&fpgratifips? Individuals, many
stituiv. _ .q* of man in
of whom are . • f them b*rd
the Convention. Au - -* md gen
worked and many are gre*. - <-
eroas. Nearly all railroad stoex 1
owned by private individuals, earned by :
the sweat of their brow. Widows,
youDg women and children own stock
invested by invitation of the State of
Georgia. Then has the State the right
to do them injustice ? Now who gave
corporations chartered rights and in
duced men to invest capital but the
State ? The great city of Atlanta has
grown up within the last forty years as*
a railroad centre through the instru
mentality of chartered liberties. Re
ferring to the South Western Railroad,
he said Americas may suffer from tem
porary fluctuations ofjrates but the farm
er who.carries his cotton a little far
ther to Albany pockets the difference
and the State never loses a dollar. By
discriminations railroads have fur
nished power and capital to Georgia,
though at times, by accidents, the trade
of some places obtains an advantage and
a discrimination over others. Bnt there
is no equality any where, save before
the law. Men differ and are inferior to
each other, as one star differs from
another. Shal lthe Creator be arraigned
for this? Than why attempt to beat
down temporary advantages or subvert
accidental benefits ? It is too late to say
charters are not contracts between
States and corporations. The very last
Supreme Court decision announces
this fact. I am unwilling that sixty
millions of capital shonld be ground
to the dnst and railroads be rebuilt by
the gentleman from Wilkes. He knew
nothing of his capacity to rebuild. Her
bert Spencer says the greatest difficulty
in the age is too much legislation. We
try to make water run up hill and pre
vent men from reaping inevitable ad
vantages. The term “discrimination,”
so vaguely used, prevents excursions for
Sunday School celebrations, accommo
dations to ministers or agricultural fairs.
Shail not persons who own the property
be allowed to encourage struggling in
dustries ? Are we prepared to put such
a sweeping term in the Constitution ?
We are treading on dangerous ground.
The cry of “the people” is only a blind to
cover the idosyncrasy of the gentleman
from Wilkes. * This scheme can have no
practical interest. Let gentlemen be
ware, lest the people of Georgia in an
evil hour throttle their own prosperity.
Railroad management in Georgia is
most skillful, and everywhere is consider
ed an exception to the wild schemes which
finally turn railways over to receivers.
Until something is done to give me the
magnificent proportions of my friend
from Wilkes, until something is done to
prevent Atlanta from outstripping my
own City by the Sea, until something be
done to prevent the unequal shining of
of stars, the time will not arrive to pre
scribe railroad rates of transportation.
Mr. Hammond, of the Thirty-fifth
District, said that Illinois had fixed rates
of uniform transportation but abolished
them. lowa repealed the same law in a
year. Pennsylvania in 1873 adopted it
in her Constitution, but never incor
porated it in her public laws. Missouri
copied it, but has had no experience up
on the subject. If abuses have al
ways existed then the Cobbs, Jacksons,
Jenkins and Toombs, who did not regu
late this in timei past, were faithless to
duty and recreant to honor. In 1691
England regulated teamsters’ rates. In
1827, when the first whistle blew, the
act was repealed, and Parliament with
its power never enacted it since. There
are no laws on discriminations in France.
These facts only show that even empires
find it inexpedient to enforce such laws.
We cannot regulate freights in Georgia
without regulating them in all the States
of the Union. It is a saored thing to
shake the pillars upon which the proper
ty of one’s country rests.
Mr. Toombs—“Better shake the pil
lars of property than the pillars of
liberty.”
Mr. Hammond, continuing—“ Look at
the history of Georgia from the time
railroads were first built. Cities have
grown, farms have bloomed and wealth
b3en pressed into the coffers of the
State. I would not have helpless wid
ows’ incomes swept away by blows at
railroads. It takes a stronger power
than the Convention of Georgia to sub
vert contracts and overturn principles
established by long lines of legal de
cision or firmly rooted in the hearts of
the people. When learned men on one
side tell me the move is right, but can
not among themselves agree, while
others with unanimity tell me the re
verse, I will say the move is too hazard
ous, and I, for one, decline to make it.
But no two gentlemen seem to agree
upon the objects or means. All mean
to do good, but this scheme is a hydra
headed monster, of which I am afraid.
If this is wise, it is strange these gentle
men did not agree or did not insist upon
amendments before the committee.—
This is a business affair. Let us deal
with it, not with passion, but as our
best interests dictate.
Mr. Wofford, of the Forty-second Dis
trict, said the common platform of
equality and justice was based upon
middle ground, so as to fix uniform
maximum rates rot inconsistent with
the interest of stockholders and the pub
lic welfare, being alike just to both.
Mr. Warren, of the First District, in
sisted that we are here to legislate for
no class, we are not here as stockhold
ers nor as the hereditary enemies of
railroads. He wished merely to regu
late local freights and not build a Chi
nese wall around the State to drive out
through freights.
Mr. Holcombe, of the Thirty-ninth
District, favored restraining corpora
tions within just bounds, just as he
would restrain individuals from going
beyond the bounds of justice; but do
not let the Convention endeavor to fix
these matters. not five men
here who can frame a* railroad schedule
between Atlanta and Chattanooga with
out killing every one on the road. I
admire the gentleman from Wilkes, but
unfortunately he has always been more
powerful to pull down than build up.
Do not let us vote in the dark, gentle
men, but consult the best interests of
the State. Do not let us follow either
extreme.
Mr. Gartrell’s amendment as accepted
from Mr. Coats yesterday was tabled.
Mr. Toombs, of the Twenty-ninth
District, said that where there can be
competition the principles of Mr. Law
ton are correct, but where there can be
nocompetition.asinthecase of railroads,
they are wrong. Monopolies are spolia
tion, and railroads being monopolies are
spoliators. Competition is liberty. If
the gentleman can show me free trade in
transportation I give up, What greater
power has the King of England than the
people of America ? Both are sovereign
and have power to prevent monopolies,
and a corporation being the creature of
the law has no power save that given it
by its great master, the State. Equal
rights embody free trade here. The
State has already exempted roads from
taxation, and they stand to it like the
grip the devil has on a lost soul.
Legislation is necessary to protect the
stockholders. We wish to protect tho
ignorant against the artful and skillful.
Government in Georgia and in nearly all
States has power over corporations.
Railroads in France, Eugland and Ger
many have not broke through uniform
rates. They are not big enough fools to
fix unalterable rates. In the Constitu
tion the State has contributed to rail
roads rights and money. Competition
is liberty to the people and prosperity
to the State,
Without action the Convention ad
journed until 4, p. m.
AFTERNOON SESMIQN.
When tho Convention reassembled
Mr. Hudson, of the Twenty-ninth Dis
trict, said he thought the Convention
should dare do right, and that if the
Convention adopted the amendment of
the gentleman from Wilkes their action
would meet the hearty endorsement of
the people. To bring the body to a direct
vote, he moved to table the amendment
of Sir. Warren. Lost by a vote of 80
yeas to 95 nays.
Mr. Warren’s amendment was now read
as follows ’
“Railroad companies operating rail
roads in this State are hereby declared
to be common carriers. The General
Assembly shell have power to pass laws
regulating freights and passenger fare
on railroads, and when local freights are
unreasonable and extortionate it shall
be the duty of the Qeneral Assembly to
pass such laws. The General Assembly
shall, from time to time, establish maxi
mum rates of freight and passenger fare
in this State, which shall|be uniform on
all railroa4s ip the State and which are
just to the people and not destructive of
the property or rights of the stockhold
ers and creditors of railroad com
panies, and [such as shall make
no discrimination nor give any
advantage to the people along the line
of a railroad in one section of the State
over those living near and having busi
ness relations with a railroad in any
other section of the State. But such
laws shail not destroy the distinction
between local and through freights,
which exist and are recognized generally
throughout the United States ; nor shall
they be so framed or executed as to cut
off through business by making rates
upon it uniform with local business, or
to drive through business around the
State, which would otherwise pass over
the railroads of this State; nor shall
they give competing lines between com
mercial cities, which pass around the
State, such advantages over lines pass
ing through this State, as to cripple the
latter and divert their business in favor
of lines outside of the State ; noy shall
they give any advantage to one line over
another competing line in this State.
Rfjb&tpa gjialj never be paid, directly or
indirectly, by any rajlroad company in i
this State, on any through q$ com
petitive business. ■
Adopted by a vote of too yeas to 76
pay a, as a substitute for the section.
Pay Qt Delegates.
The President announced the follow
ing as the committee under Mr. Lclge s
resolution to look into the question of
the payment of the per diem and mile
age of the delegates : Messrs, Edge, of
the Sixth Congressional District; Screv
en, of the First; Davis, the
furlow, of the Third; Buchanan, of imT
Fourth ; Crane, of the Fifth; Robert
son, of the Seventh; Lewis, of the
Eighth', and Reese, of the Ninth.
Messrs. Lewis, Reese and Buchanan
asked to be and were excused from serv
ing on the committee.
Discrimination Tabled.
Paragraph two of section two was
read, as follows :
Par. IL No discrimination in charges, or fa
eilitiea for transportation, shall be made be
tween transportation companies and individ
uals, or corporations, or in favor of either, by
abatement, drawback, or otherwise, and no
railroad company, or any lessee, manager or
employe thereof, shall make' any preferences
in furnishing cars or motive power.
On motion, it was laid on the table.
Right of Eminent Domnin.
Paragraph three was read and adopt
ed, as follows :
Par. 111. The exercise of the right of emi
nent domain shall never be abridged, or so
construed as to prevent the General Assembly
from taking the property and franchises of in
corporated companies and subjecting them to
publio use. the same as property of individ
uals ; and the exercise of the police power of
the State shall never be abridged, or so con
strued. as to permit corporations to conduct
their business in such manner as to infringe
the equal rights of individuals, or the general
well being of the State.
Forfeiting Charters.
Paragraph four was read, as follows :
Par. IV. Any one or more citizens of this
State may, in his or their own name, or in the
came of the State, at his or their own expense,
institute proper legal proceedings, by quo
warranto , or otherwise, in the Superior Courts
of this State, to inquire into any and all viola
tions ef the charters of any railroads, or other
corporations of this State, and have judgment
of forfeiture against said railroads, or other
corporations, in the same manner, and to the
same extent, and for the same causes, as the
Stite may now do for violations of law.
Mr. Johnson, of tho Thirtieth Dis
trict, said he opposed the adoption of
this paragraph, because it exposed
sixty millions of property to reckless
and wasteful litigation.
Mr. Toombs, of the Twenty-ninth
District, advocated the adoption of the
paragraph. He said that every man
ought to be able to defend public rights
as well as his own. “The Legislature re
fused me power to sue Simon Cameron,
Delano and others for stealing the
property of the State, under cover of a
corporation. Any man, at his own ex
pense, ought to be able to stand up for
public rights. You may sue yourselves,
sue a negro, but not railroads. To this
complexion has it come at last. Any
corporation in the State can sue me, but
I can’t sue a siugle corporation except
for personal injury.”
Mr. Jenkins, of the Eighteenth Dis
trict, said he did not favor allowing cor
porations to violate their charters with
impunity. In England complaint is
lodged with the King in Council.
Forty years ago the Georgia Leg
islature was notified that a bank in
Augusta had violated its charter. As
the Attorney-General ho filed a writ of
quo warranto in Richmond Superior
Court, and after a thorough sifting the
charter was forfeited. Here was a dig
nified proceeding, but if any and every
man bo allowed for every imaginable
offense to sue corporations, the persecu
tion will be intolerable. Again, a man
afraid himself to sue corporations,
might hire others to institute suit. Vin
dictive men may thus blackmail corpora
tions. I hope never to see the day in
which the sovereignty of Georgia is thus
degraded. Georgia has now several
roads on her hands which it would be
wise to sell, but you cannot do this
without transferring to the purchasers
the charters now of force. You will of
fer to sell in vain if you so incumber tho
corporations with vexations burdens.
Without action the Convention ad
journed.
<•>
Discrimination lit Freights Up Again— Fri
day’s Action Reconsidered—Tuggle Thinks
lie Secs Brown Reese’s Amendment
Adopted The Forfeiture of Charters
Toombs and Jenkins Again Engage.
[Special to the Chronicle and Constitutionalist J
Atlanta, August 18. — The Constitu
tional Convention met in the Capitol
this morning, at half-past eight o’clock,
the President, Hou, Charles J. Jenkins,
in the Chair.
Freight Discrimination* Again.
After the reading of the journal of yes
terday’s proceedings, Mr. Tuggle, of the
Thirty-seventh District, moved to re
consider Mr. Warren's substitute for
paragraph one of section second adopted
yesterday. He thought tho language too
vague. For himself he could not make
any meaning out of it. He considered
it a pious fraud, and asked Mr. Warren
if ex-Gov. Brown did not write the
amendment.
Mr. Warren, of the First District,
said Gov, Brown did not. It was the
production of a number of gentlemen
and a consolidation of their views.
Mr. Toombs, of the Twenty-ninth Dis
trict, said “the Convention can not en
large, and ought not to diminish the
power of the Legislature over corpora
tions. Tho State ought to retain to
herself, however, the power to control
these things. I see in the amendment
of the gentleman from Chatham certain
sentences contained in an argument
made by the distinguished ex-Governor
before the committee. This power of
the Legislature over corporations was
embodied in every Constitution in the
United States. Shall Georgia hereafter
govern corporations or corporations gov
ern Georgia ? Choose ye this day whom
ye shall serve.”
Mr. Matthews, of the Thirtieth Dis
trict, said he saw no ambiguity in Mr.
Warren’s amendment. It is pure Eng
lish, whether drawn by Gov. Brown or
Mr. Warren. Its guarded language
was right. All power should be guard
ed and limited. This amendment was
clear, wise and just.
Mr. Seward, of the Seventh District,
said he thought wo clothed the Legisla
ture with no new power by thi3 amend
ment—on the oontrary, it destroys its
present power by allowing roads to fix
their own through and local rates.
Mr. Warren’s amendment was recon
sidered.
Mr. Gartroll, of the Thirty-fifth Dis
trict, moved to reconsider the tabling of
Mr. Reese’s amendment yesterday. Car
ried, and the Convention on this sub
ject, found itself exactly where it began
three days ago.
Messrs. Featherstone, Sibley, and
Wellborn were appointed to fill the
vacancies on the Ways and Moans Com
mittee.
Mr. Warren withdrew his substitute
to avoid embarrassing the Convention.
Mr. Reese’s amendment was as fol
lows :
Tho power and authority of regulating rail
road freights, passenger tariffs, preventing
unjust discriminations and requiring reason
a ie and just rales of freight and passenger
tariffs, are hereby conferred on tho General
Assembly, whose duty it shall be to pass laws,
from time to time, to regulate freights and
passenger tariffs, prevent unjust discrimina
tion on various railroads of the State, and
prohibit said roads from charging other than
just and reasonable rates, and enforce the
tjame by adequate penalties.
It was adopted as a substitute for
paragraph one of section two, by a vote
of 132 yeas to 14 nays.
This was identically tho resolution of
ferred by Mr. Gartrell before the com
mittee. Paragraph four was tabled and
paragraph five taken up, as follows :
Revocable Charters.
Par. V. The General Assembly shall not re
mit the fore ture of the charter of any cor
poration now existing; nor alter or amend the
sam’, or pass any other general or special law
for the benefit of said corporation, except upon
the condition that such corporation shall
hereafter hold its charter subject to the pro
visions of this Constitution, a"id every amend
ment of any charier of any corporation in
this State, or any special law for its benefit,
accepted by them, shall operate as a novation
of said charter, and shall bring the Bame un
der tho provisions of this Constitution.
Mr. Brown, of the Thirty-ninth Dis
trict opposed the adoption of the para
graph. He said he thought this a dan
gerous measure and one which ought to
be stricken. The State has already
granted some corporations certain ex
emptions ahcl now we do not propose to
stand qp to it—so says the gentleman
from Wilkes.
Mr Toombs: “Not a bit of it. I
couldn’t take away those privileges if I
would. I simply say they shall have
the benefit of no new legislation unless
they corns UDder the pale of the Con
stitution, where everything comes.”
Mr. Brown : “But it deprives them in
directly. We say through this para
graph they shall reap no further advan
tages unless they first foreit their char
ter.” He moved to thus amend the para
graph : “Provided this section shall not
extend to any amendment for the pur
pose of altering any existing railroad,
or allowing it to take stock in aiding in
building any branch road.” As amended
the paragraph was adopted. The period
after the word “existing,” in the third
line, being replaced by a comma.
Private Charters.
Paragraph six was read, as follows :
Par VI. In all cases of private charters,
hereafter grart ed. the State reserves the right
to alter, amend, or annul the same, and with
draw the fyanehisa, ig the opipioln of
the General Ateembly, tho public interests
may demand it. lip it the dissolution of a
corporation, ail of its property or assets of
every description shall constitute a fund;
First, for the payment of its 'debts, and, then
for equal distribution Among Hit members, ac
cording to'their eeydral interests.
Mr. Hammond, of the Thirty-fifth
District, moved to amend the paragraph
by q44ißg t° the sjeqtpqop the words
“ia such a maqner, however, that no
injustice be done the corporators.
Mr. Jonkiffs, of the Eighteenth Dia
t,;et denied that the language of the
paragraph was same as tb® language
of tho ttode, which Mr. Toombs asserted.
He said it ‘was a wise policy to sell the
State's railroads. The State cannot run
, -‘bout loss. Hut you will have
them w. - —a the charters,
to transfer to purchase.- J
and, gentlemen, you may heed it or no*,
but I tell you to-day, and you may mark
it, that if yoff put this restriction in
your Constitution'and make alt charters
subject to this limitation —that the Leg
islature may in its discretion repeal in
one year the charters it has granted the
previous year—if you do this yon need
not put your roads upon the maiket for,
they will not sell. • .
Without action, the Convention ad
journed until 4, p. m.
AFTERNOON SESSIUN,
Mr. Edge, of the Twenty-first Dis
trict, reported from the Committee on
Ways and Means that the President of
the Convention negotiate for the resi
due as the necessary pay for the Con
vention’s expenses, the loan to be ef
fected at seven per cent. Adopted. It
is rumored that Gen. Toombs will fur
nish the funds.
A Paragraph AbolUlirtl.
Paragraph six was resumed.
Mr. Wallace, of the Twenty-third Dis
trict,said : I don’t believe the Georgia Leg
islature can deprive a corporation of its
rights. It should not be so. Other
wise the effect on future investments
will be appalling. Millions of money
in investments will be ruined and future
enterprises stifled.
Mr. Toombs (Robert), of the Twenty
ninth District, said: Tlie government
of corporations is the meanest govern
ment on earth. They’re enemies of the
race, and deserve extirpation. In Mas
sachusetts, New York and Pennsylvania
corporations are under the authority of
the government. I move to table the
amendments, and defend publio liberty
and public right. Lost.
Mr. Brown, of the Thirty-ninth Dis
trict, moved to adopt Mr. Hammond’s
amendment. Carried by a vote of 95 to
55.
Paragraph six, as amended, was r.ot
adopted; hence abolished.
Monopolies Not to Be Encouraged.
Paragraph VII. was read, as follows:
Par. VII. The General Assembly of this
State shall have no power to authorize any
corporation to buv shares or stock m any other
corporation in this State, or elsewhere, or to
make any contract or agreement whatever,
with any r-ucll corporation, which may have the
effect, or be intended to have tho effect, to de
feat or lesson competition in their respective
business, or to enoourago monopoly ; and all
such contracts and agreements shall be illegal
and void.
Mr. Hill, of tho Twenty-eighth Dis
trict, could see nothing in corporations
to necessitate such extraordinary safe
guards around them. Ho was interested
in no corporations, and therefore occu
pied neutral ground.
Mr. Tift, of the Tenth District,
thought competition ought not to be
abrogated among railroads any more
than among business men. Hs hoped
the paragraph would bo adopted.
Gen. Toombs oil Monopolies.
Mr. Toombs, of the Twenty-ninth
District, said: Take away competition
and you have monopoly, and monopoly
is death. You are legislating against
the judgment of twenty centuries.
Georgia made tlieso roads for competi
tion. Join with the robbers. I appeal
to the people.
Mr. Brown, of the Thirty-ninth Dis
trict, moved to insert tho word “ rail
road ” before “corporation” in the
paragraph. Ho did not wish to prevent
all corporations from assisting or
uniting.
Mr. Collier moved to insert after the
word “ elsewhere,” in Hdo 36, the words
“ except to aid in building railroads and
branch roads in the State.”
Sent to the Table.
Mr. Reese, of the Twenty-ninth Dis
trict, said : This is absurd. Tho whole
principle is that we will encourage com
petition, yet here we allow railroads to
build other roads. He hoped the origi
nal paragraph would stand. He was a
railroad man, but could vote as freely on
these things as any other man. Vote
for the paragraph and you will do your
selves and people a great service.
Tho Brown and Collier amendments
were tabled.
Paragraph seven was adopted un
amended.
No Rebates or lSoiiugse*.
Mr. Robertson, of the Thirty-fifth
Distriot, offered the following as an ad
ditional paragraph: “No railroad com
pany shall give or pay any rebate or
bonus in the nature thereof, directly or
indirectly, or do any act to mislead or
deceive the publio as to rates paid for
freights or passage, and any such pay
ments shall be illegal and void, and
their prohibition shall be enforced by
suitable penalties.” Adopted.
Paragraph eight was read, as follows,
and adopted, unamended:
Par. VIII. No provision of (his article shall
bo deemed, held or taken to impair the obli
gations of any contract heretofore made by the
State of Georgia.
Paragraph nine was read, as follows:
Par. IX. The General Assembly shall enforce
the provisions of this article by appropriate
legislation.
The paragraph was adopted, and the
report, as amended, adopted.
Mr. Pierce, of tho Twentieth District,
gave notice that on Monday he would
move to take up the report on tho loca
tion of tho Capitol.
The Convention then adjourned.
SEVENTEEN PAUPERS BURNED.
Details of the IleartrnntiiiiK Calamity ia a
Canadian Aliiin-Hoiinc— Heroism of a Pour
Old Rliud Mutt.
A telegram from Sitncoe, Ontario, to
the Chicago Times, gives tho following
account of the scenes attending the
burning of an alms-house, with its at
tendant lamentable loss of life, on Sat
urday evening last:
“At 10:45 o’clock on Saturday even
ing fire was discovered in the poor
house on th<? Industrial Farm of the
county of Norfolk, and about one mile
from this town. The building was very
old, dry and built of wood. The fire
originated in the coutre of the building,
down stairs, and spread so rapidly that
before any alarm could be given, both
stairoases wero in ruins, thereby cuttiug
off retreat through the doors. The inmates
were sleeping both on the ground floor
and first floor above, the men on the one
side and the women on the other. Very
few people wore at tho scene of the con
flagration, owing to tho distance at
which the poor house was situated from
the town. The fire alarm was not sound
ed and no fire engines or firemen wore
present. Meanwhile the flames spread
rapidly and, notwithstanding the ex
treme exertions and complete presence
of mind of an old blind man, an inmate
of tho building, who went through room
after room and awoke the men and boys
and controlled them to the beat of his
ability, the inmates lost all control of
themselves and were as helpless as in
fants. The blind man foroed five or six
out of the window above and worked
until the flames and smoke compelled
him to seek safety in flight. Notwith
standing his efforts, niuo of the males
perished in the flames.
Meantime, someone in the crowd
forced an entrance from the outside to
the female department, and succeeded
in awakening all the inmates. They
were, if possible, more excited than the
men, and although many jumped out of
the windows at a distance of 12 feet,
others could not be induced to leave.
Owing to the rapidity with which the
flames spread the time was very short,
not exceeding from the first twenty-five
minutes before the greater part of the
building was in flames. Meanwhile, the
grounds surrounding thft building were
in a state of great confuaion. Men and
women were running like mad people,
some half dressed and some with noth
ing on but a night shirt, crying and ut
tering tho most pitiful shrieks. During
this time the crowd were witnessing a
sad and heartrending scene. Men and
women could he seen through the open
windows seated on their beds, and the
flames rapidly licking the bed clothes
and their own scanty clothing. One
woman went down stairs, and when
she found all retreat was cut off in
that direction she sank down on the
stairs and perished. She was plainly
visible through the open door, and many
a brave heart sickened and turned from
this most horrible spectacle. Another
woman threw two of her children out of
the window and then jumped herself.
Fortunately, some men underneath
caught both mother and children, After
a lapse of 15 or 20 iqinutea the floors
and walls gave way and left nothing
standing but the frame. Then the vic
tims could plainly be seen in the ruins
burning. This was the most sickening
scene that the crowd had to withstand.
Soon the frame fell, and in a very short
time all was buried in smoke and ashes.
There were seven men, eight women,
and two boys burned to death, and four
men who escaped were badly burned,
and one man had his leg broken by
jumping from the window. These un
fortunates received all possible atten-
tion. They were oonveyed at once to the
county jail, (n this town, and received
medical aid from Dr. Hayes, the poor
house surgeon, and tender care from the
amiable wife of the jjaijev- It is feared that
one man, nqiqed John Oavinne, will not
recover. Those vfho escaped were well
cared for. They were temporarily housed
in the barn and a small hoqse op the
premises, and attended to by the matron
of the poo* nouse. There were 40 in
mates, 23 of whom escaped and 17 per
ished in the flames. At an early hour
Sunday morning two large wooden boxes
were made, and the charred bodies were
carefully collected and placed in these
coffins. Dr. John Watson, Coroner, im
paneled a jury, an 4 a inquest was held.
It was, however, postponed until 7, p.
m., Wednesday, to be held in Simcoe.
The remains were buried at 5, p, m.,
Sunday, ia the poor house burying
ground, in two graves. From an early
. RntulaV morning until long after
dark in the evening the towns people
visited the late scene of disaster by
hundreds, and maov came from ■ sur
rounding towns and villages to witness
the most ruinous fire and loss of life ob
record in the county of Norfolk.
Few men are aware of the importance
of checking a cough or common cold in
its first stage. That which in the be
ginning would yield to a mild enemy, if
neglected, soon preys upon tbe Lungs.
Dt\ Bull’s Cough Syrup affords instant
relief. Price, 25 cents.
A MATRIMONIAL ROMANCE.
Adventured of a Wife Wlio Ran Away Freni
Her Husband—An Elopement and Ten
Year* of Suffering—A Checkered Career—A
Repentont Wife—Remarried to the Hus
band She Deserted.
Elmira, Augnst 13.—About ton years
ago the wife of Amzi S. Tiner, a pros
perous miller of Winchester, Pa., eloped
with a young man named George Mills,
a clerk in the store of Uri Gates, father
of Mrs. Tiner. The match between Miss
Gates and Tiner was made by her father
against his daughter’s wishes. She de
sired t* marry young Mills. She had
been married less than a month when
the elopement took place. Tho runaways
were followed b.v tho husband as far as
Wheeling, W. Va. There all trace of
them was lost, and nothing was heard of
them afterward. In 1870, Gates, the
father of the runaway wife, died. He
made a will, leaving his property, val
ued at $20,000, to Tiner, the daughter
having been his only child. There was
in the will a provision that if any news
should be heard of the daughter within
two years after her father’s death, and
she was in want, she was to receive the
interest on SIO,OOO for one year at seven
percent.., to be paid iu installments of
$lO a week. If, at the end of a year after
her being found, she had not voluntarily
returned home and begged her hus
band’s forgiveness, no further claim of
her’s ou the estate was to be allowed. In
the event of her being with Mills, if
found within two years, she could have
no claim against the estate. If she
returned repentant within a year, the
exeoutors of the will were to provide her
a suitable homo and allow her $lO a
week as long as she lived. Tho execu
tors were Amzi S. Tiner Rnd Myron
Pool, a cousin of the testator.
Tiner made every effort to find some
trace of bis long missing wife, but fail
ing, procured a divorce from her in
1872 and married again. His second
wife died in 1875, leaving him two chil
dren. On the 23d of July last a letter
addressed to Mr. Gates, aud postmarked
Litchfield, Minn., was handed Mr.
Pool, as one of the executors of tho es
tate of the deceased. It proved to be
from tho runaway wife and daughter. It
breathed a spirit of repentance, aud de
clared that the writer was anxious, after
ten years of suffering, to ask forgive
ness of those she had wronged, and bo
permitted to come home, if only to be a
servant. Pool went with the letter to
Mr. Tiner. The latter resolved to go at
once to Litchfield. He was accompanied
by Mr. Pool. On Wednesday last Tiner
aud tho wife who had deserted him ten
years ago, and whom he had found
working as a seamstress in a Litchfield
family, arrived iu Elmira, where he has
relatives. The story of his wife’s life
since she left him satisfied him that,
while she had compromised both his
anti her honor, she was more sinned
against tfiau Binning, and they were re
married in St. Paul ou tho 4th inst. The
runaway wife’s story is substantially as
follows :
She accompanied George Mills only
as far as Wheeling. There he left her
to go to St. Louis. She thon went to
Indiana. She refused to become his
companion until she could legally be
come his wife. He had SSOO. Ho gave
her S2OO. She went to LaFavette, Indi
ana, where she obtained ~n divorce,
through the agency of a divorce lawyer
named Dowditoh, being in tho place but
a few months. Mills, meantime, had
gone to the plains, and brought up in
Central City, Colorado. She joined him
there, aud they were married. Mills
made considerable money by supplying
miners with stores, and they lived con
tentedly together for a year. Then Mills
fell into the habit of gambling; ha
squandered all his gains, and his busi
ness passed into other hands, They
theu went to Utah. Mills got a position
ns a mining clerk at Coriune, end for a
time was steady in his habits. The life
of a clerk was not stirring enough for
him, however, and he finally resigned
the position and went to Salt Lake City.
There, in company with a miner named
Olney, he opened a faro bank. He be
gan drinking, and abused his wife. To
cap the climax of her misery, Mills
joined the Mormons, and added two
more wives to his family. This indignity
the unfortunate woman, who had left
her home aud friends for Mills, could
not brook, and ono night, in 1871, sho
ran away from his house, and after
months of hardships reached Denver.
She was a year and a half in that place,
working in a hotel. While there she
read the account of the killing of Goo.
Mills in Salt Lake City by his partner*
Bill Olney, while quarreling iu their
gambling saloon.
In 1873 she engaged as waiting maid
to an English lady who was traveling
with a party in tbe Rocky Mountains.
Sho visited New Mexico, ihe Spanish
Peak and ull the principal points of in
terest thereabouts, with the party, re
turning to Denver iu 1874. There she
lett tho party, and started East. She
was prostrated with fever in St. Louis,
and all of her money was used up before
she was able to loavo. She then en
gaged as traveling companion to a Mrs.
Van Atta, of Now Jersey, who, with her
husband, was going to Minnesota for
her health They traveled through the
State until September, 1876, when Mrs.
Van Atta died, in the vioinity of Itaska
Lake. Having some money, she de
termined to return to her old home. On
the way from the lakes to the railroad,
some fifty miles, she was robbed by her
guide, a lialf-broed IndiaD. Sha walked
thirty miles to Brainerd, ou the Mis
sissippi, and had been working ns a
seamstress iu different towns there
abouts evor since. Her health failing,
she feared she would die in a strange
land before she had told her story to
hor father and received his forgiveness,
and sho wrote tho letter that resulted
in so unexpected a sequel to her tea
years’ bitter experience. Mr. and Mrs,.
Tiner loft Elmira last evening ou their
return to their old home, apparently as
happy as if there had never been a
shadow in their lives.
THE CAUSE OF PUBLIC EDUCATION.
Hon. Joseph 11. Cumming’* Address lo (ho
Teacher*’ Con vent ion.
[Cor. Macon Telegraph ami Messenger.}
You will indulge me, I know, while on
this subject, in a few words concerning
the admirable address of Hon. Joseph
B. Gumming, of Angusta, delivered
Thursday. Mr. Cumming, as most of
your readers are aware, is a gentleman
of line scholarship and liberal culture.
In manners, he is the genuine Southern
gentleman—refined, dignified and mod
est. As I listened to his chaste and
eloquent words, coming forth like tho
olear water from a bubbling spring, pure
and free, and followed him through his
well rounded periods, whose force was
made yet more forcible by a modesty
and regard for the feeliDgs of others
who might differ from him, that was re
freshing as they are rare, I felt that the
speaker was himself a splendid illustra
tion of the Grecian and Roman orators
and statesmen with whom he contrasted
the average stump speaker and politi
cian of our day. Mr. Gumming has evi
dently given much thought to this mat
ter of the establishment of an efficient
public school system for our State, and
his opinions are entitled to the serious
consideration of her patriotic citizens
and statesmen.
Mil w
HON. RALEIGH TANARUS, DANIEL.
Hudtlen Death of the Attorney-General ot
Virginia.
Richmond, August 16.— Hon. Raleigh
T. Daniel, Attorney-General of Virginia,
died this evening, after two days illness,
from hemorrhage of tho bowel*, aged
72. Ho was renominated for the same
position by the Conservative Convention
last week, at which time he was in appa
rent good health. He made one of the
best speeches before that body in accept
ing the nomination. He has been in
publio life over forty years, during which
time he has held numerous places of the
highest trust. He was recognized as
one of tbe foremost legal minds in the
State. The community was greatly
shocked at his sudden death.
HOUTIIERN RAILWAY LINER.
Annual Meeting at Harategn of Mouther*
Hallway Managers.
Saratoga, August 17.—At the annual
meeting to-day of the managers and
others interested in Southern and South
western railroads, E. W. Cole, President
of the Nashville, Chattanooga and St.
Louis Railroad, was reappointed Chair
man,, and T. R. Scott, President of the
Richmond and Petersburg Railroad, was
reappointed Secretary. After discussing
the question referred to in the call of
July, a general committee was appointed,
with power to appoint sub-committees,
to report on various topics of railway
management to the meeting to be held
hero August 15, 1878. The attendance
was quite large,
Ramia Buying Cotton.
New York, August 18.—To-day the
agents of the Russian Government, in
this city, purchased fully 4,000 bales of
cotton on the Cotton Exchange, at full
prices, and it will be exported to Russia
as fast aa possible- Siuqe the outbreak
of war tlje transactions iq cotton on
Russian aoeount have involved fully
35,000 bales, worth about $2,000,000. ,
The Mlrrtßf Tell*
A flattering tale to those who are sen
sible enongh to beautify their mouths
with BOZODONT, which makes the
teeth as white as alabaster, besides ren
dering the gnms rosy and the breath
sweet. No toilet service is complete
without this famous dentirifioe, j