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3 Ijc - Wetkln
VOLUME XCV
TERMS
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ADDRESS all commumcstioua to
walsh a wtuoht,
Okbonicle A Constitutionalist, • ’
b.i>lTol< IM.
CanoßE-H candnt a Ijonra too quickly for
the common good. _
Jim Keene, how worth J3I.tXW.OOO of
what was once other people’s money, failed
in the newspaper buHinena.
Cotton may com nsiul high prices, be
cause of war in Egypt, bnt that is no reason
why the So nth eliould neglect grain crops.
When Judah P. Benjamin makes money
enough at the English bar he ought to re
sume his allegiance to the United States,
nettle in the South and consent to go back
to the Senate.
The Cincinnati Wajette rather hints that,
in case the lease of the Western and Atlan
tic Hailway ahull be enrreudercd, the Ea
ijwgkb Syndicate will make big offers to
buy or control it.
The Abbeville Press and Banner warns
planters and farmers to sow turnips largely
lor Winter food tor man and beast. Good
advice. The same paper recommends the
Mising of goats as substitutes for hogs.
The news from Maine makes the Repub
licans sicker than the Tax bill did. The
f usionista are likely to make a clean sweep.
A Democratic Senator from Maine wonld
make amends for the loss of a Senator in
Oregon.
Geobgia is the most congenial arena for
political acrobats in the world, and e somer
sault or two will do little harm.—Greenville
Ji'ews. Considering what Georgians have
done to help your State out of trouble, thia
is rather unkind, is it not T
The Chicago Tribune is of opinion that
Hancock would have beoq President had he
not telegraphed his congratulations to
Puihted, of Maine. Wall, we do not know
•bout that, hut Dobsky would have had to
put out more ••sugar’' and “soap” if Han
cock had held his tongue and curbed his
pen.
The New York Tribune's article on the
United States Senate, published in Tues
day’s issue, must have beep written by the
ignoramus who dishes up Southern "out
rages” for Northern consumption. We
have seldom seen denser ignorance display
ed in a metropolitan paper that boasts of
an Almanac.
The Now York Tribune is induced to say
that "leading, thoughtful Republicans,"
are considering whether it would not be
"beat to "let the ‘grand old party’ slip back
into the minority for a while," and to add
to the remark that some 50,(100 Republi
cans in its State are "hospitably harboring
.the thought."
Senator Jones, of Nevada, thinks Cali
fornia will go Republican, this Fall, elect
ing State officers and a majority Os Con
gressmen. Warned by the Oregon fiasco,
we are not so confident of California, but it
is proper to remark that many other Re
publicans differ from Senator Jones, and
anticipate the defeat of their party.
Gen. Phil Cook could not stand the pres
wkh' of being beaten in detail, during his
absence, by his old-time law-partner. He
has returned home to look after bis fences.
There wa.' nothing of importance going on
At Washington, and no good reason why he
should not have leave of absence to at least
meet his opponent on something like equal
terms.
A Washington correspondent says it is
Ml yet the first of August, and daily ses
aionf of seven hours in the stifling atmos
phere of the Senate Chamber, with the ther
mometer in the nineties, is already having
a visible effect. The older men are growing
very tired; the younger men are getting
■cross. Ent. alas ! there is no let up on the
loquacity.
Eugene Hale will put the Naval bill on
3ta passage iu a masterly way, unless ob-
Mtnu'ted by “the great Columbian orators."
He is good tempered, expert, sparing of
words, business-like. It is a beautiful sight
to see him manage an Appropriation bill.
"We do not like his polities, but cannot help
thinking that Zach Chandler a lucky
man to have such a son-in-law.
When Gratz Bbown attempted to pass the
SAiate ]K>rtal, he was stopped by the door
kee,'er. although claiming admittance aa an
AX-St nator. His name, when given, was
not familiar enough for prompt admittance.
The n. oral of this fa that all men are not
Btive. st' to speak, outeide the cemetery.
Nothing is so evanescent K a politician of
average ability.
Mu. Brrx never lets an opportunity glip
gat even with his redoubted foes. He
■■k.' recently : I’lndeed I think any thing
diMt ets the S.Wiator from Ohio and the
Benat.'r from Vermont which gives any re
lief to anybody except the bankersand
patent medicine men, with a little salve
thrown in byway of buncombe to the
manufacturers of mstehes.”
Corporations are said to have no souls,
a but the managers ol the West Point and
Atlanta Railway Company exhibited senti
ment and sense when congratulating the
people of the South upon diminishing their
fertilizer account and increasing their grain
trope, although at the expense of railway
.traffic temporarily. The people and
Toad will prosper in common, later on.
Senator Van Wick, who sent his distin
p-mshed compliments to the Tariff Commis
sion, is an honest, odd. feariess, and ner
vously vigorous politician. He was a Gen
eral during the war. and did his full duty.
In many respects he is at variance with his
party. and therefore an annoyance. His
severely aquiline nose and emphatically up
turned chin make him resemble Mr. Pi nch.
Congress would hare adjourned a fort
night ago ha I Judge Kelley, in the House,
refrained from reporting his Tax bill, and
had Mr. Baxaf.d. in the Senate, rated with
Mr Jones, of Nevada, against getting it out
of the hands of the Committee on Finance.
Honors are about easy. The Democrats
vrili claim to have unmasked Republican
hypocrisy- The Republicans will claim that
the Democrats defeated tex reform.
The Chicago Iri&unr cnee out for law re
form in Illinois and cites a case in point
vrhieb hung on for ten years. The amount
involved was *B.OOO for which sum the Ex
press Company was sued by a man named
Hoaxownv. The Tribuae concludes as fol
lows; "How much cheaper it would have
been had Boaxowrrz and the Express Com
pauy played a gune of euchre in 1872 for
the SB,OOOI The uncertainties of fifty-two
cards are not to be compared with the un
certainties attending the workings of what
we call *an enlightened system of jurispru
dence.’”
• SENATOR Hl LIZ.
- The last days of Senator Hill will be re
* membered to his undying credit and glory
, | when much of the political and legal career
that made him famous has become a dim
■ tradition. To conquer powerful antagonists
, in the forum displayed the highest intel
lectual ability. Bnt the mightiest enemy
■ remained to subdue—himself. We are all
creature* of pride and find it hard to van-
. quish the rebellious human part of us. In
i health and strength and youth and success,
we may not feel and acknowledge the ne
cessity of humble reliance upon the super
natural and the blessing of the Omnipotent.
Somebody has said that "the Devil has no
etch robust ally as a striopg pulse,” mean
ing that when our physical manhood is in
superb condition we are apt to drift away
from the guidance of Providence and rely
upon onr own frail devices. We do not say
that Mr. Hill was so circumstanced, any
more than the majority of men; but it is
certain that tribulation of the ffioat hor
rible character, instead of coming to
him as a demon of despair, arrived,
according to his own confession, as
the bearer of light and the promise of
eternal reward. A year ago, it was publish
ed that a certain physician, anticipating
Mr. Hill's present extremity, advised him
to take a weapon and alayv himself. We
have heard other persons emphatically de
clare that rather than endure the torture the
great Benator experiences, they would not
hesitate to commit self-slaughter. Thank
God, "the big Ben Hill,” as bis. noble
daughter admiringly and lovingly used to
call him, was too sublime in the faith of
Christ to listen to these whisperings of evil
counsel! He has borne his excruciating
pangs like a hero. He has exalted in suf
fering the life God gave him. He has en
dured with Christian martyrdom and resig
nation the dispensations of heaven. He
calmty awaits the summons of the Lord of
Glory, and, thus patient and long enduring,
will round ont a glorious life with a more
glorious death, which opens the gates of God
to final perseverance. When the incidents of
his worldly combats are forgotten, bis dying
days and their supreme testimony to the ;
goodness of the Almighty in the direst af
fliction will remain as the most precious be- 1
quests of this wonderful Georgian. How
many unfortunates have thought to escape ,
pain by shortening their lives violently ! (
How sublime is the lesson Benjamin H. Hill j
teaches the sensual world that he never was j
so happy as when most afflicted, and that .
this ineffable bliss has come, in his darkest ,
hour, because, surrounded Vith those he
loved, his hand reached out in time and
clasped the palm of the Redeemer who has ,
promised to refresh all who are heavy-laden
and to conduct the wanderer who returns (
to Him to the gardens that Ude not—to the (
temples of peace and joy perpetual. With (
the hand of Chbist clasped in his; with all (
human passions purged away; with sins ex
piated in the fire of anguish; with the con- (
fidence of a child and the courage oi a true
man, Senator Hill wanders down the Vale 1
of Time and trustfully approaches the Ever
lasting Sea.
DEMOCRATIC PROSPECT.*.
Gen. Tom Young, of Ohio, has written a
letter to an influential friend stating his po
sition exactly as a possible nominee for Con
gress. Gen. Young is an intense Republi
can in strictly party matters. In all other
things he strives to be impartial ai|d inde
pendent. He does not conceal from him
self or from his friends that the Cincinnati
District, from which he comes, is always a
debatable one, nor does he palter with the
fact that the sumptuary laws passed by the
Republican Legislature will probably turn
Hamilton county back again to the Democ
racy. He thinks that these circumstances
are discouraging to his faction, but modest
ly states, and truly no doubt, that it any
man can carry the District at all he is that
person. He does not say so, but the infer
ence is plain that no Congressman likes
toddy better than he does, and that such tol
eration may make him personally accepta
ble to German voters who will not cast their
ballots for a Republican temperance fanatic.
With this forlorn hope be appeals to the
people of his District and contributes some
other food for reflection, in this wise :
To-day wo have in the United States Semite
a bare majority of one, and in the House of
Representatives, when all are present, but,two
majority. Now, should the spirit engendered
by the action ot onr State Legislature, to which
I have alluded, continue to exist, it is evident
that the Republican party in Ohio is in danger
of losing four or five members of Congress, in
cluding the two from Hamilton county. Should
no gains or losses occur all over the couqtry,
which we have a right to assume, this wonld
give the next House of Representatives to the
Democrats, and with the loss of a Senator from
Louisiana on the 4th of March next, which is a
certainty, wo shall have a Democratic Congress
and a Republican President, who will be vir
tually powerless. This condition of circum
stances would insure the election of a Demo
oratio President in 1884, and bring disaster to
the country. Earnest, honest, thinking Repub
licans of all nationalities will, in my opinion, set
aside all personal considerations ts avert such a
result.
Nothing could be more ingenious than
this •statement for Republican acceptance.
It is a frank and admonitory appeal to hopes
and seers of the party in powet. It is a con
fession that never before perhaps was the
Democratic party so nea.- to a consummate
victory, not only in the lower House of Con
gress, but all over the country. The Presi
dency itself is almost within the grasp of
Democracy. Barring all fatal blunders this
triumph is reasonably sure in 1882 and
1884. With anch a project before them,
the Democracy of the Union should reunite
for victory, in the same proportion that
the Abthur-Robeson-Keifeb faction bends
its every energy to divide and distract us.
It is very evident that the failure of the
Democratic party to gain the House and the
Presidency will largely be due to divisions
at the * South. It is an inevitable con
clusion from such a premise that the
Southern men now masquerading as In.
dependents, Liberals oy Greenbackers are
either the conscious or upcopacjous allies of
the Gvitkab Radicals These u?en present
the only element of dogbt for Democratic
success, and as such they are ApgaNs in the
camp far more dangerous to the South apd
bersarfety than the Jacobins of outside
States, with *U their knavery and all their
forced of voluntary contributions, den
who are not iw »« SgWrf w, and it
would be far more ht»O»M>le for such »en
to proclaim themselves to ths
"Going to the Lordy" party than profess
a friendship they do not feel and wh'?* 1 **
of the Judas kind that betrays with a kiss.
N<T« TO CRACK.
We read that Internal Revenue Collector
Rafikb, of South Carolina, was summoned
to Washington the other day. In conversa
tion with 'Commissioner Raum, the latter
with a sweep of his eye over the Collector’s
portly form, clad in glossy, well-fitting
broadcloth, said: "Why, it is reported that
you don’t represent the colored race in your
secflan." "No, sir. Ido not at present,"
answered Mr. Rafikb. “I represent the
possibilities of the colored race fifty yean
hence. " There may be more than meets
the eye in this little anecdote. Rafikb, we
believe, is a colored man, more nearly white
than black. He has had the smartness to
get a fat office and to keep it Hence he
presents a glossy exterior strikingly in con
trast with the masses of negroes whom he
is supposed to control politically, and whose
blind devotion to the Republican party has
been so -meagerly rewarded. Nothing is so
fearfully and wonderfully made as the aver
age negro’s coat or vest It is patched
until barely a* fibre of the original garment
remains. A specimen of this kind of black
man ought to visit Mr. Raux and show that
high and mighty dignitary what the bal
ance of power in this country really is—
poor, hardworking, deluded blacks
who help keep the fashionably-attired
Rapiers in lucrative Government employ,
at their own expense and that iff the white
people among whom they live and from
whom they get most of their sustenance,
protection and education. It will matter
very little to the negro voters of to-day
whether their race shall turn into Rahebs
or not. It matters much to the Rapiebs
that the mass of blacks shall continue to
hew wood and draw water. "The net result
of nearly twenty years of freedom and en
franchisement to the negroes of the South
’ is that a few white mon shall profit by their
votes and a few Rahebs wear purple and
1 fine linen, while philosophising upon what
shall happen a half century hence.
We may simply say, in this connection, that
I the condition of the white laboring man at
the North is rapidly growing worse and
worse, so thaj he may finally envy his pauper
brethren in Europe. In such a view of
facts, what promises of betterment does
Republican policy hold out to the negro
laborers in this section ? Here is a nut to
crack, and we invite a trial of it npon any
body’s teetV
Mr. Thomas J. Fobtune, an educated col
ored man, edits the New York dlobe. He is
not quite as intense a Republican as he once
was. Travel, observation and experience*
have opened his eyes to*tne truths dimly
perceived before. Mr. Fobiune is reluc
tant to break party ties, but his whole drift
is in the direction of independence. He
revolts at the degraded position of his
"race,” and seeks to emancipate his people
from Republican thraldom. He found
as the writer suggested at the
time, that Washington was not the
proper place to hold a colored editorial con
vention. He also discovered that one idol of
his people was very much like clay. An
hour was asked by the colored editors for
waiting on the President. President Ab
thub named 1, p. m., as the hour when he
would receive the Convention, which dhly
adjourned and appeared on time. Not so
the President. An hour and a half went by.
It was a solemn waiting. In the language
of Mr. Fobtune:
This sort of reception from the President had
a peculiar effect on those of the press, who are
likewise pf the Administration an infiniteimal
part, while the men who are not particular
about their party allegiance did not conceal
thejr disgust.. A spirit of unrest got abroad,
pointed remarks were uttered, and finally, after
waiting one hour and fifteen minutes, a motion
was quietly made, and as quietly put, that the
"Association is of opinion that it has paid its
respects to the President, and that we do now
leinru to the work of the Association.’' And the
motion prevailed.
The narrative proceeds to state that just
as the colored editors were moving off the
President appeared, and explained that he
had been detained by “business of import
ance with the Secretary ot State;” but Mr.
Fobtuni shrewdly guesses that the President
bad learned of that vote to adjourn, “and,
as it was, a very unsatisfactory impression
was created.”
And yet, but for the colored balance of
power. East, West and South, Mr. Abthub
would have been a politician in New
York, and his Secretary of State a functionary
out of business in New Jersey. The colored
editors acted on that occasion with dignity.
Oan they persuade the masses of black and
colored men to follow their example ?
This is another nut for all concerned to
crack at leisure.
MR. STEPHENS’ LETTER OF ACCEPT
ANCE.
Mr. Stephens’ letter, in response to the
Committee appointed by the Democratic
Convention, to notify him of his nomina
tion for the Governorship of Georgia, is a
model document. It is clear, crisp, lumin
ous and pointed. The nomination is ac
cepted cheerfully and a promise made, in
case life is spared, to fulfil its duties and re
sponsibilities with all the honesty and fidel
ity so characteristic of the distinguished
nominee. Mr. Stephens believes that
"words are things," and, so believing,
what he writes for the people may be set
down as the serious, well-considered and
absolute convictions .of the author. We
therefore regard the expressions and senti
ments of Mr. Stephens, in this letter, as
the earnest outpourings ot, his mind and
heart. The time-honored principles of the
Democratic party, which he outlines from
Jeffebson, are such as needed to be recall
ed. They are the principles that made
this Republic glorious, in the past. They
are such as must bo respected in the pres
ent and for the future in order that civic
liberty shall not perish from the earth.—
Equal and exact justice ; local self-govern
ment ; the maintenance of the Constitu
tional Union ; economy in government ex
pense ; light taxes ; encouragement to com
merce and agriculture ; religious liberty ;
the freedom of the press ; sacredness of
habeas corpus —these are the Democratic
Evangels proclaimed .by Mr. Stephens.
They have been the guides of his struggling
youth, the weapons of his glorious prime,
the hope of his venerable old age. We thank'
God that the Democracy of the Union
have such principles, and that an illus
trious disciple of Jeffebson survives to
incarnate and announce them. The grand
old Party of the Constitution can march
under that banner to victory everywhere,
and, with such watchwords, it may be that,
in the promised revival of an old fashioned
but perennial patriotism, the cause, of
Georgia shall become the cause of all the
States of the mighty Union.
NOP VERY SURPRISING.
Alluding to the recent testimony of John
A. Walsh, in the Star Route cases, the
Washington Capital says:
In short and in bulk, he squarely and. distinct
ly traverses in July, 1882, every material state
ment that he made between January and July,
1880, alike under oath and alike touching the
same identical affairs
He would not have been a "Louisiana
witness” bad he done otherwise. In New
Orleans every negro member of the Legisla
ture who voted for Kelixxki subscribed to
an affidavit that he was bribed by Kellogg
At Washington every mother's son of t' em
swore the other way. At New Orleans sub
sequently, whan Senator Hill investigated
the Kellogg Spoffobd case, ‘these same
witnesses, when cornered in their mam
moth lias and contradictions, declared that
lying was a sin generally, bnt not when em
ployed for the good of the Republican
party ! And several of these moral mon
sters thus asserting were negro preachers of
the Gospel. Heaven save the mark ! John
A. Walsh was graduated in Kellogg’s
school.
LETTFS FROM BON. KJICMIY SPEER.
The ReeigaaUop of pr. E. W. Speer.
Editors Chronicle and Constitutionalist:
Washington, July 24.—1 find ip yoqr
correspondence from Athens, of the 21st
inst, the following paragraph :
"Dr. E. W. Speer has resigned the Chair of
of Rhetoric and Belles Lettres,
afid who succeed him is not yet defi
nitely khuwp. MtfCh r .<>sJ?t was expressed
by Medwts «k this’ Step qf jftei; kind
for Pr. Speer was one of tfe mqsi ’
popular g.wttimmm W Faulty- £y hfa
amiable dispose l?e
has long since won ike el pis pupifa.
and'tip,with no lj|tle feeling 0» tegettbiß
they reluctantly part with him. *su did
he master his department, and 'twill be no
easy task to find his equal or one who can
te competently fill the position be volun
tarily vacates.
•As the son of the gentleman referred to,
I am unwilling that the statement should
go undenied to the public that my father
has retired voluntarily from the Chair of
Oratory apd Belles Lettres in the Univer
sity. His resignation was demanded by the
fractional portion of the Board of Trustees
who were at Athens on Tuesday of Com
mencement -about one-third of the Board.
I believe. This without a word of notice to
him or a hint of dissatisfaction with the
eight years of laborious and pains-taking
and effective service *he had rendered the
University, the State, the cause of*education
and Christian mbxality by his teachings and
example.
I have no criticism to express for the ac
tion of that portion of the Boara who saw
fit to take this course, but I am unwilling
that my father's friends in the State should
suppose that he has voluntarily retired from
a position in which he was doing such noble
and effective werk, and in which he found
his ehiefest delight and,satisfaction.
. I am, gentlemen, trusting that you will
give this a place in the columns of your pa
pier, very respectfully, Emory Steer.
Kwicbts of the Red Crees
(By Telegraph to the Chronicle.)
Washington, July 27.—The President has
made proclamation of ratification of the
treaty between the United States and Swit
zerland and the other contracting powers
giving in the adhesion of this Government
to the terms of what is knewn aa, "The Ge-,
neva Red Cross Convention,” providing for
the neutrality and protection of the agents
of the Red Cross Society, which engaged in
the work of relieving sufferers from war
pestilence, famine and other National ca-
AUGUSTA, GA., WEDNLSDAg MORNING, AUGUST 2, 1882.
A XACGHTY SENATOR,
WHO INDULGES IN A BIT OF SARCASM
All At the Expease of The Tariff ConnalA
•loa aad the Attoraey-Geaeral—Action
Towe king oa a Fiaal Adjoaraateat—
Coifreumeß Disagreeing Over Seaa
torial Milsags—Congressional Proceed
higi
(By Telegraph to the Chronicle.)
MfcffATE.
Washington, Ju|y 26.—As soon as a rou
tine order of business were disposed of,
Senator Hale moved to postpone all pres
ent and prior orders (including the Reve
nue bill) and to take up the Naval Appro
priation "bill. A long discussion followed
in which the motion was construed on both
sides of the Chamber as having ths effect to
dispose of the subject of revenue and taxation
for this session and ts facilitate a probable
, adjournment in the course of a few days.
In the further progress of the debate the
position of the friends of the Revenue bill
was commented on as a virtual abandon
ment of it. A vote was finally taken, when
the motion to proceed with the Naval Ap
propriation bill prevailed—yeas, 34; nays,
26. Senators Hale, Hoar, Ingalls, Kellogg,
McDill and Plumb were the Republicans
who voted with the Democrats in favor of
the motion. The negative vote was entire
ly Republican, except that of Mahon e and
Davis, of Illinois, who also voted no.
Senator Van Wyck offered the following :
Whebeas, The Tariff Commission, from
itoheadquarters at Long Branch, have, on
two occasions, imploringly appealed to the
public for information and. no response has
been made thereto, and after inviting into
its presence manufacturers, import era and
traders, it is now wrestling with the serious
question, whether gentlemen so invited can
relate their experiences and explain their
theories without taking an oath duly ad
ministered to tell the trnth, evidently with
a laudable desire to protect itself from im
position ;
Resolved, That the Attorney-General, as
soon as in his judgment he can prudently
withdraw hi"personal attendance from the
Star Route prosecution, and can fully satis
fy the President and his Cabinet that the
members of Oongtess are not officers of the
Government, and as to the legality of po
litical assessments, be directed to proceed
to Long Branch to aid the said Commission
in determining the above important and in
tricate question ; and he shall advise what
to him shall seem proper to protect said
Commission from imposition by men wise
in matters of trade and revenue, either by
stringent oaths or other pains and pen
alties.
Numerous objections to the consideration
of the resolution were made simultaneously
and it went over without action.
The Senate took up the Naval Appropria
tion bill, as in Committed of the Whole
(Senator Harris in the Chair) and Senator
Hale, who was in charge of the bill address
ed the committee.
Senator Cameron, of Pennsylvania, Chair
man of the Naval Committee, at the in
stance of that committee, moved to recom
mit the bill with instructions to the Appro
priation Committee to eliminate all of its
provisions relating to the reorganization of
the navy. Passing over the merits or de
merits of these provisions, he protested
against the usurpation by the Appropriation
Committee of the function which legitimate
ly belonged to the Naval Committee. This
proposition brought on a general debate,
which was still pending when the Senate
went into Executive session and soon after
adjourned.
HQUSE.
Mr. Hiscock, of New York, presented a
conference report on the General Deficiency
Appropriation bill, stating that the Con
ference Committee had been unable to
agree upon the only matter in controversy—
the payment of mileage to Senators for
attendance at the extra session. Mr. His
cock moved that the House recede from its
disagreement to that item, stating that,
though he was opposed to it he did not
desire that the passage of the bill should be
endangered or delayed. After some dis
cussion the motion was lost and a new con
ference committee appointed.
The conference committee on the Legis
lative, Executive and Judicial Appropria
tion bill reported another disagreement.
The House insisted npon its position and
ordered another conference. The House
then voted—yeas, 114; nays, 77—to recon
sider the vote by which it yesterday refused
to agree to the conference report on the
River and Harbor bill. The conference re
port was then agreed to—yeas, 111; nays,
82.
The floor was granted to the Committee
on Indian Affairs. The bill was taken up,
permitting the sale of a part of the Omaha
Indian reservation, which occupied the
remainder of the day. Adjourned.
•SENATE.
Washington, July 27.—The Senate, soon
after being called to order, resumed con
sideration of the Naval Appropriation bill.
The question was, upon the motion of Sena
tor Cameron, of Pennsylvania, to recommit
the bill with instructions to eliminate all
general legislation changing the existing
laws in regard to the navy. During the
debate which followed, Mr. Williams inter
rupted and offered an amendment to be
proposed to the Sundry Civil bill directing
the Attorney-General to ascertain the amount
which .would be a just and reasonable com
pensation for the services rendered by
Charles H. Reed in the defense of Charles
J. Guiteau, and to make an allowance there
for not exceeding $5,000. Referred to the
Committee on Appropriations.
Debate on the Naval bill was then resum
ed. Senator Davie, of West Virginia, a
member of the Appropriations Committee,
said the reduction in the item for the mis
cellaneous pay of the navy, under the new
arrangement, was $186,525, and a similar
savings occurred in other items. If the
pending motion prevailed the Appropria
tions Committee would have to draft the
bill upon the basis of the one of last year,
which appropriated $947,500 more than
the one now pending. He, tbejpfore, op
posed its recommittal on the store of econ
omy.
The motion to recommit the bill to the
Appropriations Committee, with instruc
tions to eliminate all features of general
legislation, was debated until 5, p. m. A
vote was then taken and the motion was
lost - yeas, 29; nays, 34.
The Senate then went into executive ses
sion, and when the doors were reopened,
adjourned. *
HOUSE.
The House disposed of considerable busi
ness of minor interest, after the floor
was accorded to the Committee on Indian
Affaire, which called up the Senate bill
granting the right of way for railroad and
telegraphic purposes to the St. Louis and
San Franoisoo Railroad Company through
the lands of the Choctaw and Chickasaw
nations of Indians, which bill was passed
after some debate.
Mr. Williams, Chairman of the Committee
otf Foreign Affairs, reported back the reso
lution calling upon the Secretary of the Na
vy for copies of all the correspondence'with
and instructions to Rear Admiral Nicholson.
ANOTHER OCEAN PALACE.
The Nteanuhip Tallahassee Successfully
Launched at Chester—The Chattahoo
chee to Follow.
Chester, Pa., July 20.—<The christening
party of the steamship Tallahassee arrived
from New York this afternoon by the limited
express, composed of the ladies and the
officers and directors of the Ocean Ste dm -
ship Coafpany, the Central Railroad, the
Savannah, Florida and Western Railway
and representatives of the New York, Phila
delphia and local press. After partaking.of
a bountiful conation provided by Mr. John
Roach, the party proceeded aboard the
Tallahassee to await the launch. "
Promptly at four o’clock the wedges were
down, and the gallant ship glided smooth
ly down the ways and rabidly into'the
water amid the cheers of the crowds aboard
Sfi ejup and lining the share, the salutes
tugs ptsejng ships. General con
gratulations followed so r pje builders and
pie company upon tfie successful iaunah of
jo uob|e a specimen of naval architecture.
The folloyuig sentiment was spoken by
UISI Wiiiisw* sj tfeo ship glided from her
position 65 lb? ways’ _
"Let this noble ship be namea the falla r
hassee, in honor of Florida’s capital city
and let her name be for a sign of ®eod Will
and afieetioc between the people of the sis
ter States, Georgia and Florida. .May' she
gallantly be borne over the wave, and may
hey strength ever vanquish the
Thy beauty, O noble ship, is typical of thy
namesake, and the good wishes of Flori
dians will always attend thee.” •
The vessel is 315 feet over all. JO feet
beam, 35 feet depth of hold and 2,000 tons
burthen. She will ply between New Yqrk
and Savannah.
The Chattahoochee will be launched two
weeks hence.
fiutteuu’s Bead Embalmed.
iCorrespondence Nashville American.)
A gentleman who has a good reputation
for truth and veracity, and who enjoys the
confidence of the persons in charge of the
Medical Museum, stated to your correspond
ent that the heed of Guiteau was ejpbalmed
and severed from the body on the night fol
lowing the execution, Tint was placed in
position in the coffin and kept there until
the whole cadaver was removed to the Medi
cal Museum. The head, stated my inform
ant, is in & state of splendid preservation,
and will be placed on the skeleton as soon
as wired. The whole will be dressed in the
suit the assassin teat wore, and will be
placed on exßibition at the Museum. It is
a valuable subject for the institution, and
the query is. How much did it cost ?
w e '
Beg Cholera. (
(By Telegraph to the Chronicle.)
BnooMDiaTON, Ills., July 27.—Hog chol
era, es a virulent type, has appeared in the
eastern part of McLean county.
ROMANTIC HRIIIAGK.
I The or * «o*lthy Baltimore
Liqaor Dealer Wedw* To a Police 001-
■ ver. _
• Baltimore, Md., Ju|? 18—The follow
" ing announcement appared in a morning
’ paper this morning:
Watkins—Fowneb—<n the 17th inst.,
by the Bev. Samuel Shannon, Millard
F. Watkins and Mary Catherine Fowner,
- both of Baltimore city, R.
There is quite an investing story con
nected with this annoincetnent which is
furnishing food for gosip among the fash
ionable residents of Northwest Baltimore,
and which proves conclusively that the
i lot of a policeman, although hard at times,
can be happy as that of any other man.
The happy Benedict in the present instance
1 is a well known Bnd popular officer of the
Northwest District, whose repulafion of
steadiness and close attention ts duty is
second to that «f no other officer on the
force. About one year ago he was appoint
ed to the position he now occupies, and was
detailed to work a beat on Tennsylvania
avenue. Within a few doors oZ the point at
which his beat ended and where he gener
ally met the sergeant lived Mas Katie Fow
ner, the daughter of a wealth) liquor dealer.
Miss Katie, as she was known, akbough very
young in years, had already several admir
ers, and not a few would have gladly
taken* her for better or vorse. Offi
oer Watkins passed
evening with his squal to go on
duty, and, becoming attracted by the
fresh and youthful countmance, obtained
an introduction and cultivaed the acquain
tance when off duty. Fran the first Miss
Katie seemed to like the ofifter’s company,
and it was not long before amutual attach
ment sprang up between tiftn, which has
since ripened into deep md ardent love.
All the time, though mattqn seemed to be
progressing smdothly enou;h, the parents
of the young lady objected to the visits of
the officer, and their course ts true love was
destined not to run as smootl as they wonld
have liked. The conple hai no objection
to waiting Tor a reasonabletime, but mat
ters were brought to a crhis when it be
came known that the parent) were making
arrangements to go West ant take her with
them. Finding jt impossble to effect
their purpose in this w»y, they de
termined on a coup c’etat, which
was well planned and sutcessfully car
ried out last Sunday eveiing. Taking
advantage of a time when her guardians
>|ere otherwise engaged, tin young lady
gathered together some cloth ng, of which
she made a compact bundle, with the in
tention of taking it with hei, but fearing
that suspicion might be arou»d, she aban
doned this idea and quietly lift her paren
tal residence without it. It wis now nearly
dafk, and her absence was not immediately
discovered. At the next con er she was
joined by her lover and his best man,
Officer Hartzell, and the trio mtde all haste
to the parsonage of the Enery M. E.
Church. As soon as they arrived here the
key was turned in, the door for fear the
parents might surmise theft thereabouts
and endeavor' to prevent the marriage.
Nothing, however, intervened, ind within a
few moments thereafter the lev. Samuel
Shannon pronounced the happy couple
man and wife.
In the meantime young lady was
missed, and thinking that shs had been
taken to her lover’s home, her father went
to his house, but they had no knowledge
ot the couple’s whereabouts. On his way
back, however, he met she nevly-wedded
pair, who had just come from the parson
age. Unaware that his jurisdiction had
ceased, the father endeavored to get his
daughter to go home with him, but to
this her husband strenuouslj objected,
claiming his right as a husbind to take
care of his wife. To this’ the father would
not listen, and a scene was imminent,
when the hnsband exercising his preroga
tive as an officer, arrested Mr. Fowner, and
took him to the Northwestern station. He
charged him with disturbing the public
peace by interfering with himseb and wife,
but said that he did not desire to press the
charge if left to go his way in petce. Capt.
Earhart decided then toj dismiss the case,
bnt requested Mr. Fowner to remain there
for a lew minutes until the others’ had de
parted. This he accordingly did, and the
newly-married pair went on their way re
joicing, and the father returned home.
Thus the matter now stands. It is thought,
however, that Mrs. Watkins’ parents will
finally relent, and that all will be forgiven.
Officer Watkins is a son of Lieut. Watkins,
of the Northwestern station.
TH® TAPPED LUNG.
How An Incurable ’’ Consumptive Out
witted 'the Doctors.
(Reno Journal.)
A. H. Barnes, of Reno, Nevada, fights off
consumption by wearing a silver tube,
which passes between the ribs into the
lungs. In 1849 Mr. Barnes, then living in
Sycamore, DeKalb county, Illinois, was de
clared an incurable consumptive. The lung
was tapped and he recovered. In 1863 he
was again taken down by the disease, when
he once more resorted to the tube and has
worn it ever since. There is a daily dis
charge of matter. Mr. Barnes is a man of
very regular and temperate habits, does not
use tobacco in any form, nor stimulants of.
any kind, hardly ever uses any medicine, ex
cepting little iron for the blood;
is always feeling well when the hole tn
his side is open, sometimes feeling a heavi
ness there, but has got used to that. The
case is certainly worthy of the special atten
tion of medical men. It seems to give a
man a new lease of life, even when appar
ently as good as dead.
When Mr. Barnes conceived the idea of
tapping his lungs, all the physicians but
one scouted it as a thing that would prove
fatal. However, he persuaded a Dr. Wood
man to perform the operation. In 1863
Mr. Barnes was in Honey Lake Valley, and
was on the brink of the grave. Now, again,
the resident physicians were opposed to the
idea of an incision, and after repeated ap
peals for an operation, which was refused,
Mr. Barnes borrowed a lance and cut open
his side himself. He then inserted a ca
theter, and drawing off nearly a quart of
matter, immediate relief was found. The
cough and expectoration stopped almost in
stantly, and Mr. Barnes was soon upon his
feet again. Thus has he prolonged his life
over thirty years.
A Great Change Iu the South
(Cincinnati Enquirer.)
An old man said to me* to-day: "Do you
know that it is the rarest thing to find a
good cook in the Southern family ? Be
fore the war the Southern people had the
best cooking in the world; now we have the
poorest. This is the reason: In the slave
days every Southern lady was an accom
plished housewife. She selected a servant
who was to be the cook and trained her her
self. She supervised, instructed, and ad
vised until the cook had become perfect
and was installed as cook for life. In train
ing their 000 k mothers trained their
daughters. If the slightest thing went
wrong in the kitchen either mother or
daughter equid at once detect and correct it.
Hence we had cooking that was famous the
world over. UThy, in these days if I had
been called on to supply one article by which
alone the South could demonstrate its su
periority, I should have selected the old
Southern waffle. I think it il-as of rather t.
finer perfection than our statesmanship.
The waffle is now only a memory. It
perished at Appomatox.
"Since the war Southern women are no
longer cooks. Having to deal with casual
servants, there is no longer any temptation
to train a servant as a cook. The moment
she becomes proficient she is apt to leave
you. Hence, our housewives have lost their
ambition. They pick up whatever servants
come handiest and take their chances.
There is really all the more reason than ever
they should understand cooking. The
tohools, too, are against us. They teach
music, Frensii, German, painting and
dancing, and have no time for the useful
arts." ' ' ; ’
"Yon object to this?"
“T® B - F rather my daughter could
make, a bisqp’t tßap paint a. face, f had
rather she coujd roast a tdrkey jn ope
language Chan ging in ten.”
Juvenile Smoking.
(From the London Graphic.)
We are glad to see that a society
has been formed for the "suppression
of Juvenile smoking.’’ It is still a
doubtful question whether even "adult
smoking” r is advantageous py re
verse. Probably most smokers would say
that while in smoking, as in everything else,
excess is injurious, moderate indulgence
does them no particular harm. At any rate,
if its results gre sometimes bad, they are too
remote apd too alight to induce healthy
smokers to abandon what they regard as one
of the greatest luxuries of modern limes. It
can hardly be pretended, however, that boys
are in the gouje position. No sensible man
who rememhen the impulses of his own
youth will judge very m anypoy whom
he may detect in the nominally high misde
meanor of indulging in the stolen delights
of a pipe or a rfgu, ft is the nature ot boys,
unconscious of their own to ape
the ways of manhood, and it is still more
their niiGfe to grasp at forbidden joys. At
the same time 3 is highly probable that to
bacco has a bad efeet on the imwaturo phy
sical system. This is admitted evan by
those investigators who think that men may
smoke with impunity almost as mueh as
they please, and, injped, it is obvious to
every observer, whether or pot be knaws
apftbing of physiology and organic chemis
tiy- In Germany there strict police reg
ulations against juvenile smpking, hut prob
ably it would be unwise tq sppeM to the
police in oountry. Whst is really need
ed is Uje co operation of parents and ichoofi-;
masters, and this way be most effectually
obtained by the publication of facts as to the
prevalence of tm habit and its inevitable
THE COMMISSION WINS.
THE GK.ORGU RAILROAD VS. THE
RAILROAD COMMISSION.
Jwdge Simmon’* Decision on the Bill For
Injunction in Fulton Superior Court In
the Cale of the Georgia Railroad and
Banking Company v« James M. Smith,
et *l.
The Georgia Rrilroad and Banking Com
pany and W. M. Wadley vs. James M.
Smith, et al.—Bill for Injunction in Ful
ton Superior Court.
It appears from the record that this bill
was presented to Judge Hillyer, of the At
lanta Circpit, who declined to hear it be
cause he was disqualified*op account of in
terest in the subject matter of the suit. It
was then presented to Judge' Lawson, of
the Ocmulgee Circuit, who granted a tem
porary restraining order, and set the case
for a hearing on the 10th ot April. It seems
to have been continued by consent of coun
sel until the 25th day of May, when Jndge
Lawson determined that he was also dis
qualified.
Thu bill was then presented to me on that
day, and by agreement of counsel for both
parties, I heard the case on that day and
the next.
The regular term of Bibb Superior Court
was in sessioti at the time of the hearing,
and continued in session to the first of July.
On account of the continuous duties devolv
ing upon me, as Judge of this 'Circuit, I
regret that I have not had ipore time
td devote to so grave and important a
case as the one under consideration. The
bill seeks to enjoin the Railroad Commie
sionerk of the State from enforcing circulars
Nos. 20 and 21 nsued by them, upon four
grounds. (
Plea for Injunction.
1. Because the charter of the Georgia
Railroad and Banking Company is a con
tract between th. State of Georgia and by
said contract the company has the right to
charge any rates of freight not exceeding
those limited in the charter-and that cir
culars Nos. 20 and 21 forbid the company
from charging the rates allowed by the
charter; and that, therefore, the acts of the
Commissioners impair and destroy the con
tract between the State and the company,
and are void under the Constitution of the
United States.
2. The act creating the Railroad Commis
sion is null and void, because it is in con
flict with the Constitution of Georgia, which
forbids the imposing of excessive fines.
31 Said act is unconstitutional and void,
because it is-the duty of the Legislature,
under the Constitution, to regulate freights,
and this is an attempt of the Legislature to
delegate its power to a Commission.
4. Because the rates prescribed by the
Commission in circulars 20 and 21 are not
just and reasonable, but unjust and un
reasonable.
The respondents demur to the bill, and
for cause of demurrer say that there is no
equity in the bill, .and that complainants
have a complete and adequate remedy at
law.
Respondents also plead, and for plea say
that complainants, the Georgia Railroad
Company and W. M. Wadley, have not suf
ficient, interest in the subject matter of the
suit to authorize them to maintain a bill of
this character. They say that the railroad
company has leased the railroad and all its
franchises to Mr. Wadley, and that Mr.
Wadley has leased or transferred his inter
est to the Central Railroad and to the Louis
ville and Nashville Railroad.
Respondents also answer the bill and
deny that the railroad company have any
snch contract with the State as claimed by
tljein in theft bill. They insist in their an
swer that the rates prescribed by them in
the circulars complained of are just and
reasonable, and that the act creating the
Commission is a valid and constitutional
law. This is the substance of the pleadings
of the parties?
The first question that claims my . atten
tion is the demurrer of the respondents.
Hs.x Equity Jurisdiction I
Has equity jurisdiction in a case like
this ? lam inclined to answer that it has.
Here is a railroad company, who allege
that they have a charter granted them by
the State; that in said charter a right is
given them by contract to regulate the
charges for freight and passenger tariffs on
their railroad.
They allege, also, that the Sffite, by an
other act of its Legislature, has deprived
them of the benefits of their contract pre
viously made. They say that tbe State not
only does that, but in the latter act it pro
vides for large and excessive fines and pen
alties against them if they should insist on
their rights under the charter, and thus vio
late the last act, or refuse to submit to the
rates prescribed by the Commission. The
act declares that the Commission, the offi
cerg of .the State, shall institute suits for a
violation of their rules, and that in case of
conviction the fines shall be from one to five
thousand dollars. It also allows every per
son who ships freight over the line of the
railroad to bring suit in case he is charged
more than the rates prescribed, and he will
be authorized to recover damages.
The complainant, in goqd faith, relying
upon its alleged contract, but uncertain as
to the judgment of the Courts, upon the
construction of its charter; alleging that it
has obeyed the rules of the Commission un
til the rates prescribed by them have been
reduced so low that they cannot run tlreir
road at a profit; alleging that their very ex
istence as a corporation is threatened by
the action of the Commission; that their
franchise will be rendered useless; knowing
that if they refuse to submit to the rates
prescribed that they will be sued, and if
they should be wrong in the construction of
their charter, and the Courts should so de
termine, . that the fines inflicted for every
violation of said rules, would be more than
they can pay and exist; believing that every
person who ships freight or travels over
their road will institute suits as well as the
Bailroad Commission, with no right or pow
er on their part to institute a suit at law to
terfl their rights, with no adversary that they
could hold liable for damages in case they
sustained any by the action of the officers
of the State, they ask the Courts of the Oth
er contracting party to construe this law,
and to tell them the meaning of it, before
they run this great risk. I do not think
that a Court of Equity should close its doors
to such a complainant. Especially is this
true between the State and one of its own
citizens-its own creatures. It is true that,
as between individuals, when there is a
complete and adequate remedy at law, equity
will not take jurisdiction. But is that true
in this case? What remedy has this com
plainant if he is forbidden the Court of
Equity ? He cannot institute a suit at law.
Must he go forward and violate the law in
order that he may be sued and then defend ?
Or must he submit to what he believes to
be a great wrong for fear of the fines to be
indicted in case he is not "sustained by the
Courts ?
• The State’s Interest.
What matters it to the State which one of
her Courts construes her laws ? Here her
good faith is attacked ; her policy is ques
tioned ; her Courts are appealed to. She
cannot be hurt in either Court. If her
suitor is denied this remedy, if she refuses
by her own Courts to construe this law, her
own law, one of her citizens may be ruined.
What matters it to'her whether the person
she has appointed to construe her laws be
addressed as Chancellor or as Judge ? He
is the same person and Bolds both Courts.
Equity will always interfere to prevent a
multiplicity of suits. It will scarcely be
denied that, if complainants are denied this
jurisdiction that they will either have to
obey the rules of the Commission or that
numberless suits will be brought against
them. If they are right in the construction
of their charter of course they will prevail,
but at the end of numberless suits in every
county along their line. If they are wrong,
the consequences'would be fearful.
Besides all this, equity will interfere to
protect a franchise. The State has granted
these complainants a franchise to jqp their
road from Apgusta to Atlanta. They allege
that by the action of tfcp Comtqisgjon (heir
franchise is being destroyed. That a part
of this franchise is their right to charge
rates subject to the limitation of their char
ter. That the rates of the Cotpmjssion are
so low that they cannot ran their road and
make a profit.
Whether these charges are true or not, I
cannot say; but in considering this de
murrer I must take them as true, because
the demurrer admit thecp to be true, ff they
are true, then 0»e complainants should be
heard.
I cite the following authorities to sustain
this conclusion: Code 4178, 3081, as to the
right to she in equity. As to multiplicity
of suits, Qode 3223: High ea injunctions -
section 13: Adams equity 407. As to pro
tection of franchises. High on injunctions
—section 507; Ibid 601; Qsborn vs. U. S.
Bank, 9; Wheafon 740., This case will also
dispose qf the position ’qf one of respond
ent's counsel that a public officer of a State
cannot be enjoined-
The plea of the respondents will be next
considered. That ia that the Georgia Bail
road Company and Mr. Wadley have nob
sufljcieijt interest jn the »abject matter of
this suit tg entitle to maintain it.
. It appears frotft the foil} of complaints and
the exhibits that the Georgia Hailroad Com
pany, on the 7th day of May, ISBI, leased
their railroad from Augusta to Atlanta, with
all its branches and with all its privileges,
both general and exclusive, to William M.
Wadley' fop the sum of S6Ob.OOQ ppf an
nua*.
It further appears from said lease that the
lessee agreed to deposit one million dollars
of bonds, as a security for the faithful per
formance of his part of the cqntract, and to
indemnify company against all damages
which they might sustain by the running
of the road by the lessee. These bonds
were to remain on deposit as long as the
lease wpsted,
It further appears from the cross-bill of
respondents and the affidavit of Mr. Wad
ley, read before me, that, after the lease was
consummated he turned over the leased
property to the Central Bailroad and Bank
ing Company and, to the Louisville and
Nashville Railroad Company, upon their
payment to him of $l2,iM)O each, and that
the Georgia Railroad is now being run
under the management of the Central and
Louisville and Nashville Railroad Compa
nies; and that as an individual Mr. Wadley
has no interest in the running of said road,
neither’in the profits nor losses.
The Complainant’s Interest.
If this be true,- have the complaiaants
sufficient interest in the subject matter of
the suit to authorize them to maintain it?
I think not. To enable a party to main
tain a suit, he must have an interest in the
subject matter of it, or in. the result of it.
What interest has the Georgia Railroad Com
pany in this suit ?
It has leased its road, its cars, engines,
branches, privileges, general and exclusive,
indeed everything it possessed but its bank,
to Mr. Wadley. «
It is true that the bill alleges that It is
still liable to the public for any breach of
failure of duty by the lessee. There being
no stipulation of that sort in the deed ot
lease, it must be a conclusion of law, of the
complainants. Is the conclusion correct?
In this ease I do not think it is. The au
thorities cited in the brief of complainants’
counsel do apt apply to the facts of a case
like the oW under consideratioa. The
cases cited are where the railroad companies
leased without authority from the Legisla
ture. The case in the sth Wallace is where
the Illinois Central owned the road and bad
leased to the Michigan Central the privilege
of running its train over a part of its road
without authority from the Legislature.
The case cited in the 49 Ga. 355 is where
an excursion party, the officials of the Geor
gia Railroad Company were allowed to run
an engine and oats belonging to the Geor
gia Railroad over the track of the Macon
and Augusta Railroad, and tho damage was
done by a collission of the excursion train
with an engine of the Macon and Augusta
Company. In the case of Railroad vs.
Brown in 17 Wai. 450 the road on which
the injury was sustained was run by a re
ceiver at one end and by lessees at the
father.
In all thus* cases thepCourt held properly
that the road allowing other roads to use its
track was liable. None of them had legis
lative authority to make the lease.
Thb citation made from Pierce on Rail
roads sustains my position. Wherever a
railroad company allows another company
to use its track, without special statute au
thority, it is liable for any injury or wrong
which the railroad company using its track
may commit.
The reason for this rule is that the Legis
lature has granted to this company rs fran
chise to run its road through the country
over any person’s Ipnd, with or without his
consent, and grave and responsible duties
and obligations devolve upon the company
that accepts the franchise. These obliga
tions and duties they cannot absolve them
selves from without the consent of the Leg
islature. 17 How., 40.
If, upon the other hand, they, the rail
road company, has authority from the Leg
islature to lease its road, and in conformity
to that authority does lease to an individual
or other company, then it is not liable for
the acts of the lessee. In the case under
consideration, the Georgia Railroad Com
pany bad authority under this charter to
lease any part or tbe whole of its exclusive
right of transportation of persons or prop
erty over its road. Mr. Wadley had the right
to lease it and did so. The IX section of the
act of October 14th, 1879, declares : “That
if any railroad company doing business in
this State, by its agents or employes, shall
be guilty of a violation of the rules,” etc.
The X'll section defines what is meant by
railroad company or. railroad corporation,
and says that the terms shall embrace all
corporations owning or operating any rail
road in the State, and that the act’ shall
apply to all persons and firms that shall do ’
business on railroads. Now it is conceded
that the Georgia Railroad Company is not 1
now doing business in this State. It has !
no agent or employe upon the whole line of
its road, or engaged in the business of 1
transportation over it. Corporations act
through their agents. HoW then could it 1
be held liable for acts, which it never did, ‘
or authorized any one else to do ?
How could it be made liable for a viola- ’
tion of tbe rules of the Commission when :
it had never violated them, or authorized 1
any one else to do so ? As far as we know ’
it may be willing, even anxious, to adopt ■
the rates prescribed, but it has no voice -it ’
has no power. Its corporate name and its
bank is all that is left of this once rich and 1
powerful corporation. It has leased every- 1
thing it possessed for ninety-nine years. 1
That is, in effect, a sale. As far as this and ’
the two succeeding generations are con- ?
cerned, it is a sale. Some recent authori- !
ties declare such a lease a virtual sale. I !
am of the opinion, therefore, that the Geor- •
gia Railroad Company has not a sufficient
interest, either present or in remainder, in *
the subject matter of this suit, to maintain 1
this bill. 1
If the Georgia Railroad Company has not 1
sufficient interest, has Mr. Wadley ? It ap- !
pears from the record that Mr. Wadley 1
leased this road on the 7th day of May, 1
1881. The terms of the lease were S6OO,- 1
000 rental per annum, and that to secure '
the payment of the rent, and for other pur
poses, he was to deposit $1,000,000 worth (
of bonds. It further appears that on the
first day of 1881 the Central Railroad 1
and Banking Company and the Louis
ville and Nashville Railroad Company <
agreed to pay Mr. Wadley $25,000 for his
bargain, and to lend him one million of i
their bonds, to be deposited in accordance <
with the terms of his lease, in consideration
of the agreement upon*the part of Mr. Wad- <
ley that the two roads should exercise con- <
irol over and receive the benefits to accrue
from the management of the Georgia Rail- 1
road under the lease. i
In other words, Mr. Wadley, for a suffl- f
cient consideration, sublet the Georgia <
Railroad to the Central Railroad and Louis- 1
ville and Nashville Railroad. That is really i
the legal effect‘of the contract, which he 1
says he made with the two companies. He, f
as an individual, exercises no control or t
ownership over the leased road. He re- r
ceives none of the profits, nor bears none of 1
the losses. The security of a million dol- 1
lars of bonds does not belong to him, but is i
the joint property of the sub-lessees. If the >
road makes profits he is not entitled to 1
share them. If it sustains losses he does
net bear any part of them —certainly none 1
until the one million of bonds is exhausted, <
and that amount seems to have been eon- ’
sidered by all parties a sufficient security or <
indemnity. i
What interest, then, has he in the sub- <
jeot matter of this suit, or the result of this l
litigation ? i
I am compelled to answer that he has
none. He has sold the interest which he
acquired under the lease, and, according to
his affidavit, the Central Bailroad and the
Louisville and Nashville Bailroad are the
only parties who have a sufficient interest
in the matter to file a bill of this character.
The validity of their contract with Mr.
Wadley is not before me and I will not pass
upon it now. It may have been, and doubt
less was, a good arrangement for the two
roads. It might turn ont, upon an in
vestigation of the charters of the Georgia
Bailroad and Central Bailroad that the Cen
tral had the right to lease, not only from
Mr. Wadley, but from the Georgia Bailroad.
Upon this I express no opinion now.
It may be asked that, in case the rules" of
the Commission were violated, whom could
they sue, under the act of 1879 ? My re
ply is that the Xllth section of that act
points ont the proper parties. Whoever
owns or operates a railroad, whether they
be a corporation, a person, firm, or associa
tion they are the persons who are
liable under that act. If they are operating
the road, and violate the rules of the Com
mission, they are liable.
This disposes of the demurrer and plea
of respondents, and I might stop here and
refuse the injunction, for the reasons given
in considering the plea. It is an important
case, and other questions were argued be
fore me, and I deem it my duty to’consider
and determine all the questions made in the
argument.
This brings me, than, to the grounds
urged by the complainants in support of the
injunction. These, as before stated, are
foqr in number. Two of them were not in
sisted on before me, to-wjt: the 2d and
4th, and I will not pass upon them-
The third ground is that said act ia un
constitutional, because it is the duty of the
Legislature to freights, and that
the act of 1879 is an attempt of the Legisla
ture to delegate its power to a Commission.
The truth of this ground was ably and for
cibly argued by complainant’s counsel, but
I have been unable to arrive at the conclu
sion of the learned counsel. I must say, as
I intimated at the hearing, that*the opinion
of Mr. Justice Woods, is conclusive upon
tha.t point. Un account of the earnestness
end sincerity manifested by counsel in their
argument upon this point, 1 hay; re-exam
ined the opinion of Judge Woods, and I am
convinced that it is a sound exposition of
the law upon that point I deem it unne
cessary fcr me tb elaborate it. hut adopt the
reasoning and conclusion as my own upon
this point.
The only remaining point in the case,
and the one most elaborately argued before
me is the proper construction of the XII sec-,
t’cp o£ the charter of the Georgia Railroad,
It reads as follows :
“ That the said Georgia Railroad Com
pany shall at ail times have the exclusive
right of transportation or conveyance of
persons, merchandise and produce over the
railroad and railroads to be by tkyn con
structed, while they see fit to exercise the
exclusive right; provided, that the charge
of transportation or conveyance shall not
exceed fifty cents per hundred pounds on
heavy articles, and ten cents per cubic foot
on articles of measurement for every one
hundred miles, a»B five cents per mile for
every passenger: Provided always, that the
said company may, when they see fit, rent
or farm out all or any part ufAheir said ex
clusive right of transportation or convey-.
ance of persona on the railroad or railroads
with the privilege to any individnal or in
dividuals, or other company, and far such
term as may be agreed upon, subject to the
rates above mentioned." Acts of 1833, page
,262.
It was insisted by counsel for complain
ants that the proviso was a contract made
®2 A YEAH—POSTAGE PAID
between them and the State, whereby the
State agreed with them that it would never
seek to regulate their freights and tariffs so
long as they did not exceed the .maximum
mentioned in the proviso. They insist that
they have the right under their contract
with the State to regulate their own charges,
free from the intervention or control of the
State, so long as they do not exceed the lim
its fixed in their contract. They say, also,
that the rates prescribed by the Com mission
are in violation of that contract and it is void,
under the Constitution of the United States
The counsel for respondents insist that
that is not the proper construction of
the proviso; that it js not such a
cqjjmpt as claimed by complainants.
* 8 no P ar t th® grant from
the State to the company, bnt a limitation
upon the grant. I have given this subject
more study and reflection than I have to
any other branch of the case.
In order to determine the true meaning
of this section, we must endeavor to ascer
tain the intention of the Legislature which
granted the charter. To <lo that we must go
back to the year 1833 when this charter
was granted, and ascertain, if we can, tbe
ideas entertained by the people of that day
at to what a railroad was. We are also al
lowed by the authorities to consult con
temporaneous legislation upon the same
and similar subjects to ascertain the true
meaning of an act and’the, intention of the
Legislature ip. passing the sot. We find them
that, at the time this charter was granted
that there was not a mile of railroad in
the State. That this was among the first
charters granted by. the Legislature. I
have learned from a communication from a
gentleman who was a member of the Leg
islature in 1833 that this charter was |
copied from a charter granted by the Leg
islature of New York or Pennsylvania.
I also find from reading railroad history
that tbe first charter ever granted to a rail
road was copied from a canal charter.
In reading the charter under considera
tion we find that the title to the act was
to authorize the company to construct a
railroad or turnpike. Power was given in the.
fcnarter to purchase land on which to erect
“toll-houses.” In case the company saw
.fit to open their road to public use it had
power to “prescribe the construction and
size or'burthen of all carriages and vehicles
that were to be used or pass over said
road.” Power was also given to the com
pany “to construct common roads, and
use steam carriages thereon if they should
deem them preferable.” In reading the
charter of the Central Railroad granted at
the same session of the Legislature we find
the same ideas. The exclusive use of tbe
railroad is given the company, with power,
if they see fit to let others use it, to col
lect tolls on any boat, car or vehicle, with
power to stop them in case the tolls are
not pail.” The charter further provides
that “if any boat, car or vehicle shall
pass by any place appointed for receiving
tolls without paying them, they shall for
feit for such offense twenty-five dollars.”
In tbe charter granted to the Monroe Rail
road at the same session, this same ex
clusive right of transportation is given al
most in the exact language of this charter,
and the next section makes it a misde
meanor for any person to intrude on said
road by any manner of use thereof with
out the consent o|, said companv.
Other charters granted about the same
time contain similar clauses. Taking all
these things into consideration, I come to
the conclusion that the ifiea of the Legisla
ture in the year 1833 was that they were
granting the power to these companies to
build public highways, similar to turnpikes
or canals. If they were public highways,
any person had the right to pass over them
with his vehicle, his carriage or his car, by
paying the tolls demanded of him by the
company. In consideration, however, of
this company going forward and construct
ing their road, the Legislature gave them
the exclusive right to transport persons or
property over the road.
It said to the company, if you build this
road it will be a public highway, but we
will grant yon tho exclusive right to use it,
so long as you see fit to do so, upon the
condition that you do not charge more than
fifty cents per»hundred on freight, and five
cents per mile for passengers. As long as
you do not charge more, you shall have this
exclusive right, and no person or other
company will be permitted to interfere with
you. If you do charge more, you shall for
feit y»ur exclusive right, and the road shall
be open to the public as a highway. This
may seem crude and even fanciful to us
now, but we must remember that this char
ter was granted fifty years ago, when there
was not a rod of railroad in the State, and
when there was only a few hundred miles
in the whole United States, and they were
being run by horse power instead of ’steam.
I apprehend that not a member of the Legis
lature which granted this charter had ever
seen a railroad or a locomotive, or haa the
remotest conception of the railroads of to
day. Having shown the reason or tho in
tention of the Legislature in inserting this
section in this and other charters granted
about the same time, let us apply the rules
of judicial construction to this grant, and
see if the claim of the complainants’ coun
sel is sustained by those rules. We find
that the grant to this company was two
fold :
1. The righf to construct and maintain fl
railroad from Augusta to Atlanta.
2. The exclusive right of transportation
over said road when built.
The character and extent of the first is
not material to the question under consid
eration.
What was the extent and what were the
conditions of the second grant are the ques
tions to be determined.
Did the Legislature give to this company
for all time the exclusive right to fix their
rates es freight and passage, provided the
same did not exceed a certain amount ?
Certainly an expreft grant to do this oinnot
be found in this charter, and it can only be
implied from the first proviso to this sec
tion, and such meaning can enly be arrived
at by supplying or changing the words of
the section. This section must he construed
strictly against the company, giving them
no power except by express grant, and de
privingthe State of no right of future leg
islation, except such as there is a clear and
manifest intention on the part of the legis
lature to have conveyed away.
In West End Street Railroad Company
vs. Atlanta Street Railroad Company. 49
Ga., 151, the Supreme Court say “that it
is a well estab]ished*rule of law ttiat qp ex
clusive grant in derogation of common
rights, as well as in all cases in which exclu
sive rights are claitfied under a legislative
grant to a corporation, that such grant
should be strictly construed, and that noth
ing" is to be intended beyond the express
words contained in it.”
And in Mayor and Council of Macon vs.
the Central Bailroad, 50 Ga., 621, it is an
nounced as a '‘cardinal rule of construc
tion qf grants by the public that nothing
passes by implication; that statutes under
which special privileges * " are claimed by
a corporation will be strictly construed in
favor of the public.” • In the latter case
Trippe, J., in his opinion, s&ys that the au
thorities on this point are so uniform that
it is unnecessary to discuss jt, and says that
the principle has been repeatedly recog
nized by our Supreme Court. Beferring to
7 Ga., 221; 8 Ga„ 23; 9 Ga., 517. The
reason for this rule is certainly of the
strongest. A corporation which claims by
the action of oqr Legislature to h'ave been
plaeed above and beyond the power of all
subsequent Legislatures should be required
to sustain its claim by the clearest and
strongest evidence; and should not be al
lowed to set up a presumption that the
Legislature meant to give more than they
actually did give. This being the rule of
law in oases like the one under considera
tion, can we give the section the construc
tion claimed by complainants without vio
lating the rule that nothing passes by im
plication. While it is true, that a proviso
may contain a grant, yet that is not the office
of a proviso
“A proviso in deeds or laws is a limita
tion or exception to a grant made or power
conferred ; the effect of which is to declare
that the one shall not operate or the ottw
be executed unless in the caee provided.”
Voorhees ys. U. 8. Bank, 10 ; Wheaton,
471 ; Sedgwick on construction of statute
49 : Butter's Bwarris, 119,
Keeping in view the object and purpose
of the Legislature in making this exclusive
grant of transportation, as before shown and
applying these rules, can it be said that
the proviso is a par) of the grant? Is it
clear to the judicial mind that the Legisla
ture intended to grant in this provisq the
power to this company to fix rates for all
time without being subject tol Legislative
control ? Can it be said that the right qlaimed
by the complainants is clear and manifest ?
In order tn meet their construction would
it not be necessary to supply certain words?
Is jt at all clear that any grant is made in
the proviso ?- Certainly no express grant is
made. On the contrary, it is not dear to
to the judicial mind that the proviso was
intended as a limitation upon the exclu
sive right of transportation ? It was a right
'ranted jn derogation of the rights of the
public. Railroads are public highways.
The public had a right to use all highways,
but in this case the public were forbidden
to use thjs highway, upon the condition
that the company would not charge more
than the rates mentioned-
The only effect of charging more than the
rates mentioned in the proviso, would be to
render inoperative so much of the section
as precedes the proviso. No penally » at
tached for charging greater rates than'those
prescribed, nor could any be exacted for
making such charge. Nor would they by
doing sft place themselves in a position
where their franchise might be forfeited.
'Their powerg.and privileges under the other
section of the chapter, waujd not be in any
manner affected by such action on their
part- Can it be said that when the Legisla
ture have made only a pari of the franchise
granted dependent upon a certain rate be
ing charged, and the franchise being of such
character that the remainder of it can be
exercised without reference to that part so
conditionally granted, that they have, there
fore, fixed rates that can never be subject
to other legislative action. A greater charge
than those mentioned in the proviso
would not affect the company as to. their
general rights undeftfeeir charter. The
> only affect would be to lose or forfeit their
• exclusive right of transportation. They
, could still use the road and charge what
rates they pleased, subject to the regulation
of the Legislature or the Courts. In case
they charged'more than the rates mention
ed in the proviso, the Legislature might, if
they saw fit, authorize other companies to
run their trains over tbe road. This is fre
quently done in England.
For the reasons given in this opinion, I
refuse to grant the inj motion prayed for by
complainants. T. .1. Simmons. J. S. O.
IN OPEN IOURT.
Branding as Nefarious Harsh Press Com
ments On the Star Route Witnesses—
Chances of Somebody's Severe Punish
ment. ——
(Bj - Telegraph to the Chronicle. 1
Washington, July 27.—1 n the Criminal
Court, this morning, Mr. Merrick arose and
said that before the beginning of the regular
proceedings he felt bound to call the atten
tion of the Court to certain circumstances
which placed the Government under a great
disadvantage in the presentation of their
evidence. He wished to move for a rule
upon A. C. Buell, editor of the Capital (a
Sunday paper), to show cause why he should
not be punished for contempt of Court. In
an article published in that paper on July
23d, he had charged Walsh with perjury,
f dsehood and had used otherabusive and
libelous language. He also desired a rule
upon Buell, Helm, Bingwalt, Hack and E.
W. Brady, brother of tile defendant, the
representatives and trustees of the Evening
Critic and upon C. K. Harris, one of the
editors of that paper, for a similar abuse
of Walsh and of ex-Attorney-General Mac-
Veagh and ex-Fostmaster-General James.
Mr. Merritt then read some of the head
lines from articles, such as “MoVeagh Gets
Muddled,” “ Lying Tom James on the
Stand,” and so on. These gentlemen, from
some reason, seemed to have become the
objects of most of the vituperative assaults
while under the charge of the Court and
while giving testimony. These articles
were intended to intimidate and frighten
the witnesses from giving testimony, and
places the Government at a great disad
vantage in obtaining witnesses, for the rea
son that sensitive gentlemen felt a great un
willingness to appear and become the ob
jects of such abuse. He wished to file a
motion to serve notice upon the other side
and call them up at the proper time.
The latter, in reply, called attention to the
article in the New York papers, great dailies
as they were called, in which scandalous
articles and reflection upon the Court itself,
as wall as upon the defendants, had ap
peared from day to day. The Court said it
would not do to set oft one crime against
another. Both parties would be brought
lo punishment if the charges were true. So
far as the assaults upon the Court were con
cerned, he had never seen them. Some
times he received an anonymous article, but
he threw it in the waste basket without
reading it. It seemed impossible tq have a
fair trial in this country anyway, because of
the newspapers. There might, however,
be some advantages in a free press. The
Court warned the jury against paying any
attention to those newspapers. Honest and
upright men had ceased to pay any atten
tion to them, and public opinion could not
be influenced by newspapers bought and
controlled by interested parties. So far
from having any influence upon the Court,
they would be treated with the utmost con
tempt. In these articles, the first part pub
lished one day and the second upon another
day, these gentlemen had been abused in
the same uncouth, vituperative language.
They were still witnesses under the process
of the Court and had not been discharged.
When the trial began there seemed to
have been a concerted attack upon the
Court, not upon the jury, for so far they had
expressed no opinion, and not upon the
witnesses for none had been summoned.
An opinion in one direction upon one day
seemed to have an effect upon these writers
and a decision in another direction upon a
later day would call forth the bitterest cen
sure. If the parties in interest thought that
they were going to help their case by these
articles they were mistaken. These hired
scribblers were living upon their means. It
was a loss of money.
The Court finally gave Mr. Merrick leave
to file his motions and the trial was pro
ceeded with, the day being mainly occupied
by various contentions between the counsel.
CONGRESSIONAL CONVENTION.
Editors Chronicle and Constitutionalist:
The time appointed for holding the Con
gressional Convention is highly inoppor
tune, as it conflicts with the Superior Courts
of Greene, Elbert and Washington coun
ties. The delegates from these counties are
many of them attorneys, parties, witnesses,
or jurors in their respective Courts, which
would necessarily interfere with their at
tendance upon the Convention. There are
other delegates from adjoining counties
whose business will call them to some of
these Courts and they would bo prevented
from attendance. A change of time, there
fore, seems to be imperatively demanded
it it is desired to have a full attendance.
Permit us to suggest to the Chairman of the
Executive Committee of the District to call
a meeting of that committee at the earliest
day practicable, with a view to the selection
of a time anterior to the Fall Courts, so as
to avoid all conflict. We suggest the 16th
of August. Hancock Delegation.
‘ A SCALPING PARTY.
Citizens Who Will Take The Law In
Their Hands.
(By Telegraph to the Chronicle.)
Tucson, Arizona, July 27.—The citizens
of Arizona and New Mexico are preparing
to take the settlement of the Indian ques
tion into their own hands. A secret organ
ization is being formed to wipe out the
Apaches. New Mexico has already six hun
dred volunteers, and Arizona will furnish
more than that number. Globe City and
Gala Valley already have over three hun
dred men. Other sections are organizing
rapidly. The citizens throughout Arizona
are praying for the arrival of Gen. Crook.
State Horticultural Society.
On Tuesday, Wednesday and Thursday of
next week, August Ist, 2d and 3d, the sev
enth annual session of the Georgia State
Horticultural Society, of whieh Mr. T. L.
Kinsey, of Savannah, is Secretary, will be
held in Macon.
As previously announced, the exhibition
of Irnits, flowers and vegetables in connec
tion therewith will take place in the spa
-1 cious and elegant first floor rooms of the
new building recently erected by Mr. E. E.
Brown, proprietor of Brown’s National Ho
tel. Says the Telegraph and Messenger :
•‘Mr. Brown has made the most liberal
arrangements for the accommodation of
delegates attending the Convention. Mayor
Cprput, ever ready to encourage anything
having a tendency to benefit the city or
country at large, has promised every assist
ance in his power. The railroads and ex
press company have also been very gener
ous, and the local committee will leave
nothing undone so make the meeting of
this large body of practical and successful
horticulturists pleasant and satisfactory. In
order to insure, a complete success and sus
tain the reputation of Bibb county for fine
horticultural products, and to show the in
terest our citizens feel in the advancement
of this progressive branch of industry, we
feel safe in guaranteeing a liberal contribu
tion of Bibb s fruits, flowers and vegetables,
as well as a large daily attendance of piti
zens generally. Mr. H. J. Peter, who will
be in charge of the exhibition room, solicits
the people of Macon to loan the Society
choice and rare plants and flowers for deco
rative purposes. He will send for and re
turn in good order all articles loaned the
Society.”
What the Girls Want.
; To the Editor of the Hun :
Sib -*■ Your Connecticut correspondent
gives evidence of being sadly in need of in
formation as to the real wants of sewing
girls or any other girls. He takes it for
granted that all a girl needs is bread and
meat, pure air, and pledty of sleep. He
talks like a school boy. What we girls want
is a husband and a home of our own, not a
chance to scrape pots and pans in some
farmer’s kitchen, and be abused by his wife,
who, in all probability, would expect a girl
to do the work of a mule.
It ia not surprising that girls refuse to be
come scrubs ia the country, when it is a
well known fact that even farmers’ wives
are worked to a shoe string and die young.
No, sir; for one I’ll take my chances in the
city, where I am certain of being regarded
as an equal of all with whom I work and as
sociate.
Factory or shop life may not be just what
a girl would fancy, but it beats life in a
farm _ house, where the owner imagines
working from 4 o’clock in the morning
till 9 at night is the correct thing for "hired
help.” Besides, in the city I stand some
chance of capturing a husband—fn the
country, none whatever. Native.
The Anti-Corner Men Win.
(By Telegraph to the Chronicle.)
Chicago, July 27.—A proposition to re
peal the anti-corner rule on ’change was de
feated, td-day, receiving only 183 votes,
while 574 were east against it. The senti
ment of the Board was never more decided
ly expressed on this subject.
Collision on the Rail.
(By Telegraph to the Chronicle.)
McGbegok. la., Jnly 27.—Two freight
trains collided four miles from here, last
night, on the Milwaukee and St. Paul Bail
road. Fireman Myron Hibbord and two
tramps were killed, and several persona
were injured. The engines were locked
together, and most of the oars plunged over
a high trestle work. (