Newspaper Page Text
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thf: stuf. vs. ttit: t.fsskks. -
Among the subjects which will engage
the attention of the Legislature at its
present session, none is more important,
not only to the parties immediately inter
ested, bnt also to the public generally
than the pending litigation between the
State and the lessees of the Western and
Atlantic Railroad. We give a brief review
of the course the case has run thus far in
the Courts and the Legislature.
The proceeding ia one of 7110 warranto.
It seeks, speaking non-technically, to an
nul the lease, and return the control of the
road to the State, she two main grounds
(beside which really the others are of no
moment) on which this proceeding is based
are: 1st —That the bond given by the les
sees was invalid because 'he railroad
companies, which are sureties on the bond,
had no legal right to become sureties and
are therefore not bound as such. 2d
That a majority of the shares are held by
non-residents of the State.
The lessees have met this assault with
determination. They deny the applicabil
ty to this case of the proceeding, which
the State has set in operation against them.
They deny that the facts, alleged by the
State, are legally sufficient to sup
port the proceeding. They de
ny the existence of the facts
themselves. Only preliminary questions
have been passed upon by J adge Wmus,
the Superior Court Judge, who has thus
far heard the case. He has decided all
these questions adversely to the lessees.
The legal profession, better than the
Chbontolb and Constitutionalist, can say
whether these decisions have given satis
faction to the legal mind of the State or
not. The case has also been to the Su
preme Court of the State, not upon any of
the questions affecting the merits of the
controversy, but under the following
circumstances: Judge Willis granted
an appeal by the lessees to the
Supreme Court, bnt still persisted
in going on with the trial in the Superior
Court. Thereupon the lessee* applied to
the Supreme Court for a prohibition re
straining him from trying the case in his
court until the appeal was disposed of by
the Supreme Court. Upon that hearing
the Supreme Court held that Judge Willis
had committed the double error, first cf
granting the appeal at that stage of the
ease, and second of undertaking to try the
case in the Superior Court after he had
thus sent it to the Supreme Court; and the
latter court sent the whole back to the Su
perior Court for a regular hearing.
At th’a stage of the business the Legisla.
tore intervened as follows:
At the last session a resolution
was introduced by Mr. Brooks, of Floyd,
looking to the dismissal of the case. This
r.’solution was referred to the Judiciary
Committee, but other business at the mo
ment mure urgent prevented the commit
tee from reporting it back during the
short November-December session. The
Legislature, however, recognizing the fact,
that the fierce legal war, in which the pen
dency of the resolution bad brought about
an armistice, would, on the adjournment
be immediately resumed, if something
were not done to avert it, passed an ancill
ary resolution, as it were, re
questing the Governor to arrange
with the counsel of the lessees
for a further truce until the Legislature,
just assembled, should have an op
portunity of acting upon the original reso
lution. This is the present position of the
business in the courts and before the Leg
islature. If the Legislature passes the
resolution, dismissing the case, of course
there is an end of it. If, on the other
hand, the Legislature defeats it by action
or non-action, the armistice will be at an
end, and the war will rage again.
Apparently a more uncalled for litiga
tion could hardly be conceived of. Grant
ing, as alleged by the State, the bond
is invalid, what need is there for a bond ?
The purposes of it were to secure the
punctual payment of the rent and the re
turn of the property at the end of the
lease in a condition as good as that in
which it was at the commencement. No
bond is really needed for either of these
purposes. The rent has been paid for
twelve y«ars and a half punctually on the
last day or next to the last day of every
month. Should there be a failure to pay
any month, for even so short a time as 20
days, it is provided by the Lease Act that
all the power of all the counties, through
which the road runs, shall be at the service
of the executive to oust the lessees and re
•over possession for the State. No better
bond than this could be devised to
secure prompt payment of the rent. The
other purpose meant to be subserved by
■the bond, viz.: the return of the property
to the State at the end of the lease in as
good order as it was at the beginning calls
■till less urgently for a bond. It is noto
rious that when the lessees took the pro
perty, political management had brought
it down to a most dangerous condition of
inefficiency and dilapidation. It would be
impossiblejto conduct railroad business, as
it is understood at this day, with a road
and rolling stock such as these were at
that time. Bond or no bond, in no point
of view could the lessees accept for them
selves and the public the responsibility
of using the property for a single day,
should it sink again to that low estate.
Not only does the litigation seem to be
uncalled for and purposeless, but worse
than this, it isdiffiult to conceive of a case,
in which the success cf the State would
wear so much the aspect of defeat and bear
so largely the fruits of disaster.
It would hardly comport with the honor
of the State to cut short the lease, without
fault of the lessees (for certainly it cannot
be imputed to them, as a fault, that they
gave the very bond which the State
prescribed, in advance, and accepted
when offe’ed, in 1870, and pro
nounced, upon a full hearing, by
a Democratic Legislature in 1872
to be good and valid) and appropriate the
improvements, made by the lessees on the
State’s pledge that the lease should con
tinue. Assuming that the honor of the
State will be observed, the first fruit of the
State’s success in the litigation will be the
payment to the lessees off 1,500,000 of
betterments of the property. The lessees
would have no claim for these betterments
on the expiration of the lease by limitation;
but neither the honest sentiment of the
people of the State would tolerate, nor the
courts, to which the State has appealed, per
mit a naked act of spoliation, as would
be the seizure by the State of these better
ments, without compensation, in the
midst of the term of the lease.
CHRONICLE AND CONSTITUTIONALIST, AUGUSTA, GA., WEDNESDAY, JULY 11, 1883.
Bnt assuming that neither public senti
ment nor the courts will prevent the spoli
ation, the State'" success will bring its
railroad back into politics, or put upon
the State the business of leasing it again
or selling it. The idea of relegating the
Western and Atlantic Railroad once more
to the arena of politics, to become again
the asylum of importunate political hench
men, is not to be tolerated for a moment.
Lease or sale mnst be the future fate of the
road.
In view of this fact, very unfortunate has
been the choice of the time for the attack
upon the lease. If the lease ought to be
set aside, it should have been done earlier,
before the renting or selling value of the
property was impaired by the chartering
and building of a parallel line, a sharp
competitor and a formidable rival. It is
said that the present management has to
exercise close economy to realize anything
from the operation of the road over and
above the rental, to such an extent has the
extension of the East Tennessee and Geor
gia system diminished the business of the
road. In doing as well as they do, the
lessees have advantages, which new lessees
or a purchaser would probably not have, in
the friendly alliances of connecting roads
at both ends, interested in the success of
the Lessees. There is hope that by the
expiration of the term of the lease, when
the necessity of making a new arrange
ment will be forced on the State, the
growth of population and of the business
of the country will furnish profitable em
ployment for the State Road as well as its
rival; and it would seem to be the better
statesmanship to postpone until then the
making of a new arrangement, rather than
to spend a large and indefinite snm of
money and incur great risk of doing injus
tice to its Lessees, in order to force into
the unpropituous present a problem, which
really belongs to the more promising fu
ture.
Assuming that the State will ba success
ful in its attempt to annul the lease, when
will that result be attained ?
It must be borne in mind that when
the case is resumed again it will be practi
cally at the beginning. It will come up
now before a new Judge, the disqualifica
tion of the Judge of the Atlanta Circuit,
I by reason whereof Judge Willis has sat
hitherto in the case, being now at an end.
This Judge may, and many sound lawyers
think must, take a different view of the
law. The preliminary questions decided
by Judge WmLis may have to be re-argued
If the present Judge should dismiss the case,
as he would and should do if such action
accords with his view of the law on some
of the many motions which may yet be
made, then there must be a trip to
the Supreme Court before there can be a
jury trial. Sooner or later, in any course
of ultimate success for the State, there
must be this jury trial. Then comes the
motion for new trial, then the Supreme
Court of the State. The efforts of the
plaintiff being crowned with success there,
the lessees will then be in a position to ap
peal to the Supreme Court of the United
States. We shall assume that it too will
fall into line with all the courts and judges
from Judge Willis up, and decide
in favor of the State. But when
will that be? The Supreme Court
of l the United States is now from
three to five years in arrears with its
business. The evil increases every term.
• It is true that the court may advance some
cases, but it becomes more and more re
luctant to do so. The present case would
not appeal stiongly for advancement to the
discretion of the court. Os course the
lessees, however, they might be
of a favorable decision, would strenuously
resist such advancement; for delay, pre
serving the status, could not possibly de
them any harm. The lease will expire in
less than seven years and a half. With the
Supreme Court of the United States as the
ultimate goal, it will not be a very
difficult feat for the able and astute
lawyers, who appear for the lessees,
to prolong this litigation till the
end of the lease and render it fruitless
to the State of everything except uncalcu
lated expense. For while we may compute
with reasonable certainty the duration of
the case, who can estimate its expense?
There would seem but the one thing for
the Legislature to do: Promptly to order
the litigation to be discontinued. To say
the least of it, it is uncalled for, purpose
less, interminable and expensive. More
than this, it threatens injustice to the
State’s promisees, it menaces depreciation
of the State's property and a stain on the
State’s honor.
‘‘THE IMP .OF THE PERVERSE."
Last Sunday we gave the views of the
greatest of art-critics, Ruskin, on the sub
ject of "Love and Courtship.” The views
of a man of genius and a philosopher were
necessarily entertaining, however impracti
cable; but from the interest taken in the
matter we are led to believe that, under
the metaphysical quality of the reasoning,
there was a deal of plain truth. It may be
curious to present, at this time, as a foil
to the ideal of Ruskin, the hard horse-sense
plan of a common-place man to bring
about courtship to just the conclusion he
desired. We quote his own words, and
call attention to them thus:
“Well, I used to raise a good deal of buck
wheat, and it puzzled me to know how to get
rid of the straw. Nothing would eat it, and it
was a great bother to me. At last I thought
of a plan. I stacked my buckwheat straw
nicely, and built a high rail fence around it.
My cattle, of course, concluded that it must
be something good, and at once tore down the
fence and began to eat the straw. I drove
them away, and put up the fence a few times;
but the more I hunted them off the more anxi
ous they became to eat the straw; and eat it
they did, every bit of it. As I said, I marry
my girls on the same principle. When a
young man that I don’t like begins to call on J
my girls I encourage him in every way I can.
I tell him to come often and stay as late as he
pleases; and I take pains to hint to the girls
that I think they’d better set their caps for
him. It works first rate. He don’t make
many calls, for the girls treat him as coolly as
they can. But when a young fellow that I
like comes around—a man that I think would
suit me for a son-in-law—l don’t let him make
many calls before I give him to understand
that he isn’t wanted about my house. I tell
the girls, too, that they shall not have any
thing to do with him, and give them orders
never to speak to him again. The plan al
ways works exactly as I wish. The young
folks begin to pity and sympathize with each
other, and the next thing I know is that they
are engaged to be married. When I see that
they are determined to marry I of course give
in, and pretend to make the best of it. That’s
the way I manage it.
It will be seen that this sagacious parent,
as redoubtable a philosopher as Ruskin,
probably without suspecting it. He dem
onstrated keen observing powers when
tempting cattle to eat straw, and a fine
faculty of applying experiments with
brutes to the better half of the human
race. He stands alongside of the inge
nious person who found out that the best
way to persuade a pig to go on shipboard
was to twist its tail in the opposite direc
tion. He may be fairly rated also
with one Edgab A. Poe, who, although
a baby in the wavs of the world, was a
giant in reducing motives and springs of
action to their last analysis. The fact is,
tbe farmer who contrived to marry off his
girls as he induced his live stock to nibble
straw, had simply put into practice the
theory wrought out by Mr. Poe who
delineated with microscopic ratiocina
tion that there is in every person,
man or woman—especially the latter—
the “imp of the perverse.” Because of
that imp and its manifestations, the
world is often startled by the happening of
the improbable in tbe way of matrimonial
ventures. Because of that imp, there are
so many illustrations of folly where the
best of women are wedded to the worst of
men or vice versa The “buckwheat straw
plan” depends for success upon several
conditions. First of all, the girls must not
know that their artful father has set a trap
for them. Secondly, the clever parent must
be sure that the man he likes is worthy
of the approbation of himself as well as
of his daughter. There are minor and
collateral considerations, but let them
pass. If tbe girls are taught the latest
modern improvement in courtship, thdy
may become as dextrous as the father
thinks himself and match one form of de
ceit with another. They may do as the
younger Vandebbilt is said to have done
when the old Commodore maliciously
furnished a false pointer on stocks—
go in the opposite direction
and escape catastrophe. AH of these de
vices, whether they come from Ruskin or
a rural mountebank, are apt to miscarry;
because the secret of the Sphinx is easier
to read than the heart of a woman, and,for
the further reason, that passion has more
masquerades than Momus, and the false
face is frequently not dropped until too
late for anything but repentance and regret.
It would be best of all not to f play
tricks with ourselves or with our
daughters, and least of all beguile them
into matrimony by rules that may hold
good forbeasts that perish but not always
for immortal spirits. If anything could
be done to elevate the standard of young
men and make them fit for like com
panionship with noble women, there
would be no need of any anxiety nor any
resort to exorcising or misleading the
“imp of the perverse.” Young women
should be leaders in the reform, for just
as Emma Lazarus says every country
has the kind of Jew it deserves, so every
matrimonial community is sure to have
the kind of young man it encourages. We
often hear parents sigh at the prospect of
their daughters, as they knowingly con
template the young men of the day; but
are they not to blame somewhat in tolera'-
ing and encouraging unworthiness, placing
no check upon the girls, and failing
to indoctrinate -them with safeguards
of knowledge that may prevent the
heart from betraying the head ? It happens
alas, only too often that what seems whole
some to both parent and child develops
mournfully and tragically to both. This
happens because the social Mokanna has
bad the cunning to hide his real nature
until the victim has been delivered into his
power. Women who have deserved the
best of husbands have too often found the
worst, and no precaution apparently had
been omitted to spare them such a
disaster. Human wisdom appears to be at
a loss to mend this matter. Divine guid
ance is the only safe refuge. Happy the
woman who has the inspiration from above
before marriage, and does not have to seek
it all forlorn, when her idol is shattered and
lays in the d ast with its feet of clay crumb
ling in hideous mockery around the head
of brass.
THE STATE ROAD LEASE.
We find in a recent issue of the Savan
nah News a very temperate, judicious and
commendable editorial on the State Road
lease, which we reproduce as follows:
It is generally known that towards the close
of the session of the General Assembly ot ’Bl,
and io the hurry of the impending adjourn
ment, a resolution was passed instructing the
Governor in case of certain events to institu
tute proceedings to annul the lease of the
Western and Atlantic, or State Road. At the
short session ot the present Legislature, a res
olution was passed requiring the Governor to
suspend all legal proceedings until the ap
proaching adjourned session. It is to be
hoped that this resolution will be promptly
acted upon as soon as the General Assembly
convenes, and an end put to this unnecessary
litigation. To carry this matter further would
involve great expense to the State, as the able
Attorney General will, doubtless, call to his*
aid the beet, which generally means the most
expensive legal talent in the State.
There is scarcely a possibility that the State
could succeed in breaking the lease. It has
been ratified by the Legislature after a full
and exhaustive investigation, and the State is
in honor bound to stand by its agreement.
Moreover the State has not the moral right to
annoy its citizens and cause them todneur ex
pense in defending their established rights.
If the suit could possibly end in the setting
aside of the lease, it would be unfortunate for
the State. The railroad would be again
thrown into politics, and instead of turning in
a revenue of $25,000 per month, about that
much additional would have to be wrung from
the tax payers to satisfy the army of relatives
and friends of the politicians of the State who
would settle upon the road. The old story so
familiar in the history of the State, would be
repeated. The masses are satisfied with the
present arrangement.
The Western and Atlantic is in the hands of
skillful managers, and is on good terms with
the entire railroad system. With the vigorou a
competition of the East Tennessee, Virginia
and Georgia Railroad, so kindly fostered by
the General Assembly, it is very doubtful
whether the State Railroad could make divi
dends or pay rent in new hands. Eleven and
a half years of the lease'have expired, and
only eight and a half remain. The rental has
been paid promptly up to date. Besides this
hundreds of throusands of dollars have been
spent in re-railing the road, building new
depots, purchasing new engines and an im
mense equipment. Surely the State has am
ple security for the future.
We think that the majority of the people of
the State will agree with us that it is unwise,
if not undignified, in the sovereign power to
disturb an arrangement made years ago and
which has worked so well. We trust that
the Legislature will act at once on this sub
ject and decide to leave well enough alone.
It will be a waste of time and money to set
on foot any further investigation. -«
The sentiments expressed above meet
with our hearty concurrence and endorse
ment. The people do not desire a distur
bance of the lease. It has been faithfully
observed for *the past twelve and a ha f
years and will be scrupulously observed
for the seven and a half years remainieg of
the term. The State has receivedin rentals
nearly s4.ooo,OOOand the road has been
made a model one in every respect.
We have no hesitation in declaring that
it is the interest of the people that the
lease remain as it is. It is to the interest
of the politicians that it be broken, so that
they can get the road in their control for
selfish purposes, and to the detriment of
the public treasury. It is the interest cf
a few men to continue the litigation. We are
for the people’s interest, and so advise that
the agitation of the whole subject be voted
down, and that the L?gislature let well
enough alone.
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49-CAPITAL PRIZE, $75,000.
Tickets only $5. Shares in proportion.
| PH -
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COMMISSION ERB
Incorporated in 1868 for twenty-five years
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By an overwhelming popular vote, its fran
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LIST OF PRIZES.
1 CAPITAL PRIZES7S,OOO
1 do. do 25,000
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2 Prizes of 6,000 12,000
5 Prizes of 2,000 10,000
10 Prizes of 1,000 10,000
20 Prizes of 500 10,000
100 Prizes of 200 20,000
300 Prizes of 100 30,000
500 Prizes of 50 25,000
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APPROXIMATION PRIZES
9Approximation Prizes ef5750... .$ 6,750
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Wilmington, N. C., July 2d, 1882.
Mr. J. D. Stanley:
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Atwood’s, all sizes; Caswell 4 Hazard’s, No.
6; Farnia German, genuine; Hoyt’s, and our
own Silver Bell. Also, a full line of Lund
borg’a choice Extracts. All so nice for this
hot weather. For sale by
BEALL 4 CO.
Please Remember!
The Insect Powder, DALMATIAN BRAND,
we have imported for us, is not sold in bottles,
but loose in bulk, by the ounce or peund. You
eave cost of bottle, and we guarantee every
ounce of it to be active. It will destroy, with
out the least trouble, all insects. The good
article for salejiy BEALL 4 CO.
Maltese Orange
AND ACID PHOSPHATE, tw > new Soda Wa
ter drinks introduced by us. The Orange,
with Cream, is a delightful drink. The Acid
Phosphate is medicinal. Try them. 5 cents a
glass at BEALL 4 CO.’S.
CORNCURA.
THE GOOD OLD REMEDY FOR CORNS.
It never fails. Try it For sale by
BEALL & CO., Druggists,
612 BROAD STREET.
<
I Embraces every desirable novelty of MANUAL
of EyEßYtHlNGforthel
I. far 1888. ■
** Revised Instructions on Vegetable and Flcrcuer Cui- ■
making it a condensed Gardening Book, having ■
all the latest information known to the author of * Gar- ■
dening for Profit.” Mailed free on application. ■
{Pt ease state in ivhat paper you sasu this),
Peter Henderson & Co.,
35 & yj Cortlandt St., New York/ |
New Advertisements.
A - combination of Pro
-0 ]3 33r Y tojrifte of Iron, Peruvian
3f gSKF Jv fjr ff in ifV £Hb J 9 U
tt9 3 jS'—gvK' _ K, S' B'jgf ffv jS? ZidSl M a palatable form.. Eor
3 3 InWHf' 33*33 3k 3s jfl£y S®B ■ Pebilit?f t -Loss of Appe*
V 31? in f 3 33 13 £s& 3 JE 9 txtc > Prostration of Vital
...»,,,Xu powers it is indispensa*-
thoSX htJilTofthe ZIPU RIF IE S/ J.L. TOWNER.
IRON TONIC. I take pleasure < ;rX!r ndu stry, IU„ says-
“ stating that I have been yiy nMW X *1 consider ««•
use a Mi^lVXy s te^ nd t ’^ a^ t 8 / z XS goat exceUent remedy for
lie Speakers will and ,♦ P ~^ e debilitated vital forces,
of the greatest value
where a Tomeis neces- ~ 1 *-jar y 3WF i
sary. I recommend it S9T 353 33 V 3U83 33J 3ff/T en 1
as a reliable remedial S ~3 3 3
5Z, e Z .possessing un- 3A3 33 J 3Kf3331 33 3k
doubled nutritive and 33 ff 1 tt? 3 u dSuK 3331 3M
restorative properties. F 3 3 3 3 & xSB3 13. *33 33t *3"Bd
iouisvdle, A>., G.-t. 2, 1882.
n£PAE£3 st :-Z DR, HARTER MEDICINE CO.. S 3 K, MAIN ST,, ST. 10718. ""*
In Full Blast. JF
THE UNPARALLELED SALE OF jSrWjV. ' Ot B
CLOTHING,
AND W&LZX
UNDERWEAR!
LONDON AND LIVERPOOL Egl
Clothing House w
Still Goes On.
———
SOME SURPRISES YET A WATT VOTT
THIS WEEK
WE ARE PREPARED TO OFFER STILL FURTHER INDUCEMENTS.
recently about some extra good values which our customers were get
fracted . 688 Suita, and while these phenomenal bargains have at
lort ofSJiat I x*? r te^ att o lltlon ' don t ima R ine that we think your interest in the better
llantwhat b«*i? L On s S 4 ummer Sack-Suds, at sl2, sl4 and sl6, are intended to sup
we have a lurmmJnnr nearly twice as much heretofore, made to order. Are you aware that
to shin tn ail y -x lD j^ w w J iere we make up immense quantities of clothing
trooda at r>ri^J^ ar I 8 the *lV ;ed^ a ' teß It is true; hence we are in position to offer you
and Oso thn finolwk,* 18 . no .°tL er house in this city can name. We employ the best workmen
e o neß t fabrics to be obtained, and our styles are acknowledged to be correct,
In fact, we give our Customers More Real Value Than Any
Other House in this City.
ik S ue ’pT« en * an d Fancy Cheviot Suits, SB, 10, 12,
15, 16 and 18.
Blue Flannel and Yachting Suits, $6, SB, $lO, sl2, sl4,
much Below Value.
Summer Trousers, $2 to sl6. Cheap at These Prices.
Seersucker Suits-Coats, $1 60 to $6; Trousers, $1 60 to
$3; Vests, $1 to $3.
White and Fancy Vests, $1 to $3.
Woman s love for dress has become a standing joke, when in reality love of dress
ri as strong in man p.s it is >n the other sex. Man loves fine dress, but he doesn’t want
to a big price for it. By giving him
FINE CUSTOM MADE CLOTHING!
AT ABOU T ONE THIRD WHAT THE TAILOR WOULD ASK,
The London and Liverpool Clothing House,
Sl6 Broad Sirt , <3-a.,
BECOMES
The Augusta Man’s Best Friend!
We dress you well and dress you cheaply. We enable you to wear
TI LE FINBST I
BUI WE DON’T BANKRUPT YOU IN PAYING FOR IT. THE TERMS WE
OFFER ARE CERTAINLY BETTER THAN OTHERS CAN GIVE.
1 » l^»<——
London and Liverpool Clothing House,
816 BROAD ST., AUGUSTA, GA.
«KEAT MARK-DOWN
IN PRICES Oj’
Summer »»lioess and Slippers
AND
GENTS’, BOYS’ AND CBIMN’B STRAW HATS
During The Month of July
AT
Win. Mulherin & Co.’s
TWO STORES,
722 AND 813 BROAD STREET.
X:O:X
CA.LL EA.HLY SECTTKJE
The Best Bargains.
Our list of Sugar Cane Machinery comprises the largest and m ost
complete line of Cane Mills, Evaporators, etc., made by any estab
hshment in the world, and includes :
Victor, and Great Western Horse Potver Mills,
Victor, and Niles Steam Mills, Cook Evaporators,
Automatic Cook Evaporator,
Far Ahead of all Others.
(Patented Sept. 26,1<6, Sept. 23,1879. Manufactured only by ourselves.!
BLYMYER MANUFACTURING CO.,
CINCINNATI, O.
of Portable and Stationary Steam Engines,
Ci rc *l‘ lir '> etw kfiUs, Steam Sugar Trains, etc.