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public. The system which has been in-
augnrated sliould be firmly established,
and incroased efficiency should be given
to the work so auspiciously begun.
The sum of $250,000 was distributed
among the counties for the support of
schools last year. The sum is made up
from poll tax. from the half rental of the
Western and Atlantic railroad, and from
the dividends on stock owned by the
State in the Georgia Railroad and Bank
ing Company. I concur in opinion with
-he School Commissioner, that the a
nonnt annually received from these
■'OUi'ces should not be materially increas
ed by appropriations from the State
Treasury. This amount will be sufficient
—at least for some time to come—for the
support of schools in the several coun
ties of the State, for three months in
ihe year. All amounts supplemental of
1 his, intended for school purposes, should
be raised by local taxation. I fully ap
] rove the views expressed by the Com
missioner upon this subject, and recom
mend them to the careful consideration of
the General Assembly.
Your attention is invited to that por
tion of the Commissioner’s report refer
ring to the appropriation made by the
General Assembly, at its last session, to
the Atlanta University
is not responsible to the .State Govern- j 1
ment for the proper application of dona
tions made for its support. Our institu
tions of learning, as far as practicable,
should be fostered by the State Govern
ment; but no money should be given
from the Treasury for that purpose,
without a sufficient guaranty for its proff
er application.
STATE UNIVERSITY.
I .have the honor of presenting here
with the reports of the Board of Trustees
and of the Board of Visitors, showing the
operations of the State University during
last year. The session closed August 6,
1873, on which occasion degrees were
conferred upon 33 students, who had
passed the examinations in the schools of
the University, with which they had been
connected. The number of students ma
triculated during the year was 318. The
several courses of study prescribed, and
the number of students pursuing each
course, are reported by the Chancellor as
follows:
The Classical course 53 students
The Scientific course . 2fi students
The Eclective course . 19 students
The Sophomore class . SI students
The Law School 1G students
The Stale College . . . 153 students
The University had no preparatory
school, and no Freshman class, and the
matriculation indicates a change in the
structural working of the University.
Of the 318 students who attended the
University last year, 291 were from tiiis
State. This fact indicates that our peo
ple not only feel an increased interest in
education, but that they also have a just
appreciation of the educational advanta
ges afforded by their State Universi
ty.
The last session of the State College of
Agriculture and the Mechanic Arts
showed the increasing prosperity of that
institution. Under the careful supervision
of President Broun, aided by the profes
sors associated with him, it is rapidly
growing in public favor, and promises to
soon perform a prominent part in the
work of education in the State The
College now has thine departments, viz :
Agriculture, Engineering, and Applied
Chemistry—each having its appropriate
professor. In addition to the instruction
obtained in these departments, the stu
dents of the College are also instructed
by the professors in the schools of the
University—in Mathematics, Natural
Philosophy, Modern Languages and Eng
lish Literature. They also have thendvan-
tages of all the auxiliaries of education—
such as the libraries, museum and litera
ry societies of the University.
Towards the close of the year 1872, the
North Georgia Agricultural College, loca
ted at Dahlonega, became a branch of the
State College and a department of the
University. That College was formally
opened in January, 1873, and numbered,
during its first session, 177 students. The
Chancellor, in his report, speaks in the
most encouraging terms of this branch of
the University.
The income of the University for last
year from all sources, and including cash
balance, was 834.798 92. Of this amount,
there was received from tuition fees $10,
240 00: fr om interest on the Land Scrip
Fund, $10,234 15: and from all other
sources. $1-1,024 77. The expenditures
for the same period were: for salaries
$27,383 27; for sundry expenses, $5,518
99; cash balance July 29, 1873. $1,890 GO
The expenditures on account of the State
College were: for salaries, $9,706 91; for
sundry expenses, not inc luding repairs,
$3,259 18.
The last payment for the Agricultural
College Land scrip, amounting to $96,
192. was received in the month of July
last. Of this sum, $'46,000 have been in
vested in the eight per cent, bonds of
this State, which have been turned over
to t'ue trustees of the University. The
eminent rank which the University has
assumed among the institutions of learn
ing is a just cause of pride cm the part
of the people of Georgia.
DEAF AX'D DOMII ASYLUM.
I submit herewith the sixteenth annual
report of the trustees of the Institution
for the Education of the Deaf and Dumb.
The number of pupils admitted to the
institution during the year was sixty-
seven. .Six pupils completed within the
year the term of six years allowed by the
State.
The sum of $13,500 was appropriated
at the last session of the General Assem
bly, to pay the officers and teachers of the
institution and for the support and cdu
cation of the indigent pupils therein.
This sum was found sufficient; and, iir the
opinion of the Trustees, a similar sum
will meet all the wants of the institution
the present vear. The General Assem
bly, at its last session, appropriated the
sum of $1,500 to construct water works
for the institution, and the further sum of
$1,000 for repairs. By a judicious ex
pendituie of these sums, the buildings
have been repaired and furnished, adding
greatly to the comfort of the pupils; and
water works have been constructed of
sufficient capacity to supply the institu
tion. The Trustees recommend that an
additional term of three years in the in
stituticn lie allowed to such pupils as may
prove themselves competent, intellectual
ly and morally, for the same: and, also,
that a department be established for
teaching articulation. They also sug
gest that the institution needs additional
school room furniture and proper sys
tem of drainage and ventilation. I re
commend that an appropriation of $13,-
500 be made to meet the ordinary annual
expenses of the institution, and that such
other sum be specially appropriated a«
its wants may require.
ACADEMY FOR THE BLIND.
Herewith is presenteel the report of the
Board °f Trustees for the Academy for
the Blind, for the year 1873, with accom
panying documents. The affairs of the
academy have been managed with due
regard to economy and its condition re
flects credit upon the officers and tins
tees. The receipts during the year were-
From unexpended balance Jan-
uary 1, 1873. - - $1,115 37
Appropriation for support of
the Academy, 1873, - 11,090 00
Special appropriation for re-
Pafl’s, - - - 3,000 00
the sum required will be $12,000: which
will give less than $275 to each student
in attendance at the Academy.
A special appropriation of $3,000 is also
asked for to complete certain improve
ments already commenced, and to repair
the buildings. I recommend that
these additional appropriations be made.
LUNATIC ASYLUM.
I have the honor to submit herewith
the report of the Trustees of the Lunatic
Asylum. The number of patients in the
Asylum at the date of the report was
576. The capacity of the institution is
not sufficient to accommodate over 600
patients, and it is not improbable that it
will be filled the present year.
The report show that the Asylum is in
good condition; that its departments are
well organized, and its business conduct
ed with reference to economy and effi
ciency. No allowances of any kind are
made to the officers and employees of the
institution, (excepting the Superintend
ent and resident physician) other than
quarters and fuel to the officers residing
in the Asylum building, and forage for
une horse to the Chief Steward. Com-
missary stores to the extent of $1500 per
annum, or so much thereof as may be ne-
ViTt- i cessary for tbe maintenance of his table.
That institution | ^ ^ ^ Superintcndeut Tllis
allowance is made to that officer in view
| ui the necessity which is imposed upon
j him of entertaining visitors to the Asy-
j him, and for providing from his own ta
! >le such special diet as is found proper
I for certain female patients,
j The salary of the Chaplain of the Asy
j lum was fixed by the Trustees in Decern
her. 1872, at $500 per annum. The reg
ulations require that officer to hold reli
gioas service at the Asylum once every
Sabbath and once during the week, and
also the usual service attending the bu
rial of the dead. The General Assembly,
at its last session, appropriated tbe sum
of $250 to pay the salary of the Chaplain,
ami the Trustees have not felt authorized
to exceed the stun appropriated. They
recommend that the additional sum of
$250 be paid to the Chaplain for liis last
year's service, and that his salary be fixed
at $500 per annum, or be left to the dis
cretion of the Board of Trustees, at
the case of other subordinate officers.
I respectfully call the attention of the
General Assembly to the fact, that the
practice of furnishing intoxicating liquors,
without authority, to patients and cm
plovcs at the Asylum, is springing up
anil threatening to become detrimental
to the interests of the institution. For
the suppression of this evil, I recommend
that the sale of spirituous and malt li
quors within one mile of the Asylum be
prohibited by law,and that it be made penal
to furnish such liquors to any patient at
the institution, unless prescribed by the
proper medical officer.
The report of the Trustees discloses
the fact, that in many instances there has
not been a strict compliance with the law
regulating the admission of pauper pa
tients into the Asylum. The law does
not provide for the admission of paupers
who are not residents of this State. When
a person has been convicted of a malady
requiring him to lie committed to the
Asylum, it is the duty of the court pre
siding at the trial, to certify if such per
son is a pauper; but lie shall not bo certi
fied a pauper unless in whole, or in part,
supported by tbe county, or unless tbe
county is bound for his support. It is
further provided, that if there be persons
who by law are bound and able to sup
port the lunatic, the name of such person
must he given. If the lunatic has means
enough to support himself, in part, the
the amount of such means must be stated
and must be paid towards his support.
The object of these provisions of the law
is. to protect the public from the burden
of siqiporting- lunatics who have the
means of supporting themselves, or who
ought to be supported by private indi
viduals. I suggest that the law be so
amended as to secure tho observance by
officials of these salutary provisions.
Attention is called to tlie suggestion of
the board that no distinct provision of law
exist:, for the discharge of patients, who
while not in a condition to be certified of
sound mind, are. nevertheless, harmless,
and might, with benefit to themselves and
relief to tho State, be remitted to the
care of their friends and relatives. In
consequence of this defect in the law,
the institution is becoming crowded with
this class of patients. Some of the pres
ent inmates, who are healthy in body and
harmless in mind, have been in the Asy
lum for periods varying from ten to
twenty-eight years. I suggest that the
law be so amended as to give to the trus
tees the power to discharge, for reasons
by them deemed sufficient, any patient in
the Asylum.
The reports of the treasurer and stew
ai d show the receipts ami disbursements
during tho year ending November 30,
1873. Duplicate vouchers of disburse
ments have been made out and placed on
file in the Executive office, as tho law re
quires.
According to estimates submitted by
the board of trustees, $105,000 will be re
quired for the support of the Asylum din
ing the present year. The expense of
each patient, on the basis of this amount,
is fifty cents per day to the State. This
estimate is not excessive, and I recom
mend that the amount asked for by the
board be appropriated.
PENITENTIARY.
The annual report of the Principal
Keeper shows, that the total number of
convicts now in the Georgia Penitentiary
is six hundred and sixty-four. Of these,
ninety-three are white and five hundred
and seventy-one are colored persons.
There are one wliite and nineteen colored
females among the convicts.
The present lease of the convicts will
expire on the first day of April next, and
it will he necessary that some action be
taken at the present session of the General
Assembly, directing the future disposition
to be made of them. The State prison
has been unoccupied for several years
past, and is not of sufficient capacity or
in proper condition to accommo
date and keep securely the present large
and constantly increasing number of
convicts. If it sliould bo determined not
to lease the convict force in the future,
but to confine them within the walls of
the State prison, steps should at once be
taken to enlarge the buildings, and make
the repairs necessary for the safe keeping
of the prisoners.
From the year 1817, when thePeniten
tiai v went into operation, down to 1867,
a period of fifty years, the average num
ber of convicts witliiu its walls was forty-
two. The average annual appropriation,
for the support and safe keeping of the
prisoners, during the same period, waa
$9,210 or $219 for each one per annum.
From this statement, it would seem im
possible, if the convicts are kept and em-
possible, to lease the convicts Ur a
period less than five years, upon terms
which would save the State from ex
pense.
I respectfully invite the attention of the
General Assembly to the report of the
Principal-keeper herewith submitted. It
contains a succinct history of the Peni
tentiary from its establishment down to
the present time, and furnishes facts which
may materially aid you in determining
the proper disposition to be made of the
institution.
MACON AND
Total receipts for. 1873, - $15,11537
DISBURSEMENTS IN 1673.
For support of Academy,
$11,200 00
1873,
Tor repairs,
3,000 00
Total disbursements, - - $14,200 00
The number of students in the Acade
my has increased to a degree which will
r equire a large appropriation for the sup
port of the institution during the pres-
fiitjew- Xty that
ployed within prison walle by the jjjtote,
to make the Penitentiary system self-sn*-
taining. To appreciate fully the justness
of this conclusion, it should be remem
bered, in this connection, that during the
period just mentioned all the convicts were
white persons; and for that’reason proba
bly more capable of learning the arts in
which it has been found practicable to
employ convict labor. Of the convicts
now in the Penitentiary, more than five
to one are colored persons; most, if not
all, of whom, by reason of their ignorance
and former habits of life, can never be
profitably employed in any of the mechan-
cal arts. And when it is borne in mind,
that for some years to come the number
of convicts will probably be increased,
rather than diminished, the disposi
tion best to be made of the Penitentiary
becomes a question of the gravest impor
tance.
If the General Assembly in its wisdom
should determine that it would be for the
public interest to again farm out the con
victs, I would suggest that authority be
given to lease for a longer term than two
years. The profitable employment of so
“irge a force would necessarily involve
<» the part of contractors,
Jtoud difficult, if uotim
BRUNSWICK RAILROAD
COMPANY.
I was informed on the second day of
July last, by certain holders of the bonds
of the Macon & Brunswick Railroad Com
pany, which had been indorsed by the
State; under the act approved December
3, 1866, that they had presented the in
terest coupons of their bonds to the com
pany for payment, and that payment there
of had been refused. Accompanying this
information were notices, showing that
the coupons had been protested for non
payment on the first day of July, 1873.
By the second section of the act under
which the bonds were indorsed, it is made
the duty of the Governor, in the event
that any interest upon the bonds so in
dorsed shall not be paid when due, to
seize and take possession of all the prop
erty of the company, and apply the earn
ings of the road to the extinguishment of
the bond or bonds or coupons, and to
sell the road and other property belong
ing to the company, in such manner and
at such time as in his judgment may best
subserve the interest of all concerned.—
Under the authority thus given. I issued
an order July 2,1873, seizing all the prop
erty of the company, and placing the
same in the possession of a receiver, to
the end that the road, its earnings and
the other property of the company might
be held and disposed of in accordance
with the provisions of the aforesaid act.
Acting under this order, Geo. H. Hazle
hurst, the receiver, took possession of the
road and other property of the company,
in belialf the State. This prompt action
was deemed necessary for the protection
of the public interest. I was apprehen
sive, that any delay on my part would be
taken advantage of by the creditors to
place the company in bankruptcy—in
which event the public interest would un
questionably liave suffered serious in
jUIT.
At tho time the road was seized the
company had outstanding about $70,000
of pass bills, which had been issued from
time to time for convenience in its busi
ness transactions. These bills hail gone
into general circulation, but were mostly
held by the patrons and employees of the
company. Any refusal to receive these
bills, I found, would involve inconvenience
and loss to the State. Many of the pat
rons of the road who held these bills noti
fied me, that they would withdraw their
patronage unless the bills were received
for passenger fare and for freight. Many
of the employees and laborers, also, who
had received bills for services, threatened
to abandon the road unless the bills were
redeemed. Inquiry into the business of
the road satisfied me, that its comings ful
some time to come would not be much in
excess of its current expenses, and there
fore that the State could not lose largely
by receiving tbe bills in the business trans
actions of the road. The public interest
required that the road should be operated
so as not to involve the necessity of de
fraying its expenses out of the public
treasury. Believing that, to make the
road self-sustaining, it would be necessa
ry to take the bills, I directed the receiver
not to refuse to accept them for freight
and passenger earnings; and that the bills
when thus received should be cancelled,
and held by him as vouchers, to be used
in the settlement of his account with the
State.
After taking possession of the road I
determined that it would not be proper
for me then to exercise the authority
vested in me, to dispose of it by sale. I
had reason to hope that the company
would be able to make an arrangement
to relieve the State and resume possession
of the property. Acting upon this im
pression, I made as little change as possi
ble in the practical management of the
road. There has been little reduction in
the working force on tbe road, and the
track and other property have been kept
in good condition. On account of the
recent financial troubles in the country,
the company report to me that they will
not be able to make any arrangement for
the relief of the State. In consequence
of this, it will become necessary for the
General Assembly to make provision, at
the present session, for tlie payment of
interest upon the company’s bonds for
which the State is liable.
It is claimed that the amount of these
bonds is $2,550,000. Of this amount
$600,000 were indorsed under the act ap
proved Octolier 27, 1870. There is a
doubt in the public mind as to the validi
ty of the last mentioned indorsements.—
Information in my possession induces me
to believe that a large amount of the
bonds bearing this indorsement has never
been legally negotiated by the company.
The bonds which have not been so nego
tiated are still the property of the com
pany, and under the order of seizure
onghttobe surrendered to the receiver. No
payment of the principal or interest of
these bonds should be made until the
Legislature is folly satisfied that the pub
lie faith is pledged therefor.
The net earnings of the road since its
seizure, as reported by the receiver, amount
to $27,991 69. The earnings of the road
have been derived almost exclusively from
its local business. This has resulted from
the fact that it has not been practicable
to make any satisfactory arrangement for
through freights with connecting roads.
The receiver estimates that the net earn
ings of the road the present year will
probably amount to $60,000.
STATE AID JO RAILROADS.
The history of this company illustrates
the impolicy of granting the aid of the
State to works of internal improvement.
The road was commenced under very fa
vorable auspices, and it was claimed that
it possessed advantages which would ren
der it self-sustaining. In less than eight
years after the aid was given, however,
the company has become unable to meet
the interest upon its bonds, and a practi
cal addition of several millions of dollars
to the public debt is the result.
There are numerous charters upon our
statute book, containing provisions for
the grant of State aid to railroad compa
nies. In some instances these companies
have not organized, so as to claim their
chartered privileges. In other instances
organizations have taken place, but jio
work has been done. Some, and perhaps
all, of these enterprises would, if comple
ted, be useful to the public; but it may
be confidently asserted, that no one of
them possesses merit sufficient to warrant
H* eoMtraetion at the public expense.—
■It will hardly be found practicable to es
tablish the credit of the State upon a sol
id basis so long as it is in the power of
private corporations or individuals, by
complying with the comparatively easy
conditions prescribed in these charters, to
add countless millions to our public debt.
I therefore recommend the passage of a
measure repealing the aid feature in every
charter in the State, where the same has
not actually become a vested right in the
company claiming it.
NORTH AND SOUTH RAILROAD COMPANY.
In December, 1872, the North and South
Railroad Company reported that the first
section of twenty miles of its road had
been completed, as required by its charter.
I caused a thorough examination of the
work, and of the affairs of the company,
to be made, by commissioners appointed
for that purpose, and by a civil engineer.
I also caused reports to be made by the
President and Directors of the company,
showing the amount which had been in
upon its bonds, to the extent of $12,000
per mile for the twenty miles completed
as aforesaid.
The length of the main line of the rofld
between the termini, is 130 miles. The
length of the road completed 20 miles.—
The sum reported as invested in the com-
prnv is $880,197 73. Of this, the sum of
$420,146 92 has been applied to the sec
tion of 20 miles already completed. In this
amount are included the expenses of sur
vey. location and equipment.
CONCLUSION.
The year just ended has been one ot
disaster to tlio material welfare of a large
portion of our people. As these disasters
could not be prevented, so they cannot be
cured bv simple legislation. The remedy
for many of the evils of the times lies
within ourselves. As far, however, as ap
propriate legislation can avail, I desire to
say, it will be my agreeable duty to co-op
erate with the General Assembly in all
proper efforts to ameliorate the condition
of our common constituents. It is our
highest duty, as it will doubtless be oui
ehiefest pleasure, to do all we can to pro
mote tlie general welfare, advance the
public credit, enforce the laws, and pro.
tect and defend the rights and liberties of
the people.
JAS. M. SMITH.
- . **
t
UNION & RECORDER.
‘Southern Recorder” mid
consolidated.]
: Federal Union ’’
nZZX.USDOXlVXX.ua, OA:
Wednesday, January 21, 1874.
Tbe Georgia Legislature
On Wednesday last both branches met
and organized. The usual committees
were appointed to wait on the Governor
and inform him they were ready to receive
any communication he should please to
make. His Excellency sent in his annual
message, which will be found in this issue.
The proceedings of the second day’s ses
sion, containing Mr. Williamson’s bill
calling for a constitutional convention,
will be found in another place. Bills for
calling a State convention have lieen in
troduced by Mr. Anderson of Cobb, and
by tbe Senator from Polk. Bills for al
tering and amending the ben law and the
usury law liave been offered. Mr. Wil
liamson’s bill calling .for a convention wall
come up for discussion to-day (Wednes
day.) A large number of bills have been
offered, and much work laid out for the
Legislature.
The Legislative Circumlocution
Committee.
THE WAY NOT TO DO IT!
The great English novelist tells us that
in England there is a circumlocution of
fice, and the object and business of all
those belonging to that department was
to contrive how not to do anything
brought before them. There has been a
committee appointed in the Senate to
find out the flaws in the Constitution and
to mend them. This committee is evi
dently the offspring of the Atlanta ring
and its object is to contrive how not to
do it. The Scalawag and Carpet-Bag
Constitution suits the Atlanta ring ex
actly, and they don’t want it altered, and
the business of this circumlocution com
mittee will be to contrive how not to do
it. If they wanted a Constitution to suit
the people of Georgia the way would be
to call a Convention of tbe people and let
them form a Constitution to suit them
selves; but that is not what the ring wants.
They know that the great body of the
people are honest, and if they were per
mitted to form a Constitution it would
not suit the ring; therefore, they dare
not trust the people to form a Constitu
tion, but wish to put them oft’ with a
promise that they will mend the Scalawag
Constitution. But the people do not
want these tinkers to patch up the car
pet-bag Constitution. They want that
abobshed and the Constitution we had
before tho war re-enacted with such al
terations as will suit our altered condi
tion. They know that the eircmnlocu
tion committee is a transparent humbug,
got up to cheat and deceive them and
they want none of their tinkering. The
people want a Constitution of their own.
not a Scalawag concern patched up by
the Atlanta ring.
Col.
sion; he also shows that there was a
proviso in the repudiating clause of the
Constitution of 1865, allowing any future
Legislature to pay all civil officers of the
State for services rendered daring the
war, not connected with the prosecution
of the war. We think CoL Thweatt
mikes a very plain and a very strong
case and we hope the Legislature will pay
him what is his just dues.
The Atlanta Constitution has a syn
opsis o! Get!. Too - bs’ speech, deliver
ed in the Hull of the House of Repre
sentatives in that city, last Wednes
day evening,favoring a convention from
which we extract as follows :
The speech was in General Toombs’
characteristic style. It was filled with
bitter invective, bitter sarcasm, pun-
sent phillippics, brilliant sallies of wit
and bursts of thrilling eloquence.—
There were sentences as grand as ever
were achieved by < icero or Demos
thenes. The object of Government,
he contended, was to prevent one man
from injuring another—to give the
greatest happiness to all, peasant and
prince alike, without injury to any.—
Government was to put down robbers,
thieves, plunderers, and wrong doers.
There were railroad princes, manufac
turing princes, and merchant princes.
These princes combined to plunder
labor; they bought Congress, and they
think to buy you. They say that our
people are purchased cheaply. I
want them to pay more and buy of-
tener, so it will cost them more.
Gold, in its Inst analysis, is the sweat
of the poor. When the Barons met
at Hunymeude there was little thought
of whether the capital should be in
Rome or Greece. They didn’t have
to go to Atlanta or Milledgeville,
Lickspittle or Devil’s Half Acre to
obtain Magna Charta. Every people
have a right to make their own organic
law. Did you make the present con
stitution? No! It is the handiwork of
negrees, thieves and yankees. We
have no government and no consti
tution. This was a moving 8ge.
Every foot of land in Georgia, from
mountain top to seaboard, was covered
by a corporation. Science was a
good thing and progress a good thing,
but progress after other people’s
money he didn’t like. It was the creed
of Puritan civilization to rob all. We
have a right to make our own Consti
tution. The good things in the
present Constitution are old, and the
new ones are all bad. The press of
Atlanta are cry ng and sighing about
tbe cost of a convention. The Atlanta
Constitution lectured the people about
their changeableness. The conven
tion of 1S6I cost $20,000. These are
facts, but these editors don't like tacts
If a convention cost $700,000 that
would only be SI each. But be would
hold a convention for less than the
printing bill of the last Legislature
Let it be placed in-the Constitution
that none of these fraudulent bonds
shall ever be paid, and that the credit
of the people shall never be pledged
to anything except the public defense.
Write it in letters of gold, on the
housetops and across the sky and you
will be forever rid of robbers, plund
erers and lobyists. If to refuse to pay
these fraudulent bonds was repudia
tion, be gloried in the name of repu-
dirtionists. He favored annual elec
tions because it brought the Represen
tative squarely before his constituents.
Let the people in their Convention
say to tlie Legislature, “you shall not
injure me if you want to.” An honest
Government will niithermake Atlanta
or Milledgeville. Atlanta is a very
convenient place for tbe Capitol, but
the Capitol had nothing to do with
the convention.
vested in the road by private persons;
and having become satisfied that the com
pany, under its charter, was entitled there
to, t placed Dp endorsement of tbe State
Peterson Thweatt’s Proposition
to tbs Legislature.
Under the head of “Lost Money,” Col.
Thweatt, formerly Comptroller General
of the State, makes a proposition to the
Legislature, through the columns of the
Telegraph &. Messenger, that if they will
give him access to the books of the Comp
troller General and State Treasurer un
der Bullock and Conley and also the re
cords of the Executive office, that he will
hunt out and prosecute at his own ex
pense many claims in favor of the State
that are now considered worthless and
lost and will pay into the State Treasury
one half of all snch money which he
shall collect, provided the State will allow
him to retain the other for his trouble
and expense. It will be seen that all of
these claims have been abandoned as
worthless, and all that Col. Thweatt shall
succeed in collecting will be just so much
clear gain to the State, without tlie State
being put to one cent of expense or any
trouble in the collection. This proposi
tion is so fair on the part of Col. Thweatt
and so advantageous to the State that it
is difficult to see how any member of the
legislature can object to it, and yet we
should not be surprised if there were
strenuous objections. There are two
classes of men, and only two, who are
likely to object, one class are those who
know that they have got money from the
State that does not belong A them, and
others that liave a well-grounded suspic
ion that some of their friends have money
in their hands that rightfully belongs to
the State. Neither of these classes will
give the true reason for their opposition
to Col. Thweatt’s proposal, but will try
•to evade it as a humbug. But let it be
remembered that Col. Thweatt did on a
former occasion save to the State abont
eighty thousand dollars that was sup
posed to be lost.
We hope the Legislature will agree to
Col. Thweatt's proposal and let him com
pel all of those who hold the money of
tlie State unlawfully, to disgorge.
In a subsequent article in the Telegraph
& Messenger, under the caption “The
Laborer is Worthy his Hire”, Col. Thweatt
shows that the State justly owes him a
considerable sum, as a portion of his sal
ary as Comptroller General was paid him
in State Treasury notes which were worth
less and which hebes itiUjuJa# po***
[COMML’NICTAKD.]
Macon, Ga., Jan. 14, 1874.
Messrs. Editors :
For the the present year I am located
at Mercer University. There is an old
adage that “We are once a man and
twice a child.” I have not exactly reach
ed my second boyhood, but I am a school
boy again- My intention is, this time, to
complete my course of collegiate instruc
tion.
I was a member of the primary depart
ment of this institution in sixty five. Of
course it is like coming back home to a
once fond and cherishing mother.
There are about 120 students here
and they seem to be some of the best
material in Georgia. About sev
en or eight of the Junior class received
maximum in every department for the
last quarter of the fall session.
My wife (by the way she is an old con
tributor to your paper, though young in
other respects) and little boy are my com
panions—all snugly stored away in a neat
little room at the mess hall. We get ex
cellent fare for twelve dollars per month
per capita. I will give you a few notes
occasionally. Yours truly,
J. A. S.
INDICATIONS OF DISCORD IN THE
RADICAL PARTY.
In the House of Representatives on
Thursday, Mr. Kasson, a Republican
member from Iowa, led off on the part of
the anti-monopoly party, in a speech of
great power and boldness against the ed
ucational bill, taking the ground that it
was a step towards centralization and an
other assault of the Federal power against
the lights of a State. He also opposed
it on the grounds that it was part and par
cel of the public land policy of the Re
publican party for the last twelve years,
which he denounced, and to pat an end
to which, he said, was one of the main ob
jects of the great reform movement now
sweeping over the West. His position
seemed to be accepted by the Eastern mon
opolists, Republicans and Southern car
pet-baggers, as a gage of defiance to the
Administration, and the Representative
of the latter element, Roderick B. Butler,
took stenuous issue with Kasson. The
speech of the Iowa reformer, however,
was the sensation of the day, and opened
the eyes of a good many, hitherto skep
tical, that there is a big break in the Re
publican party.
——'
Col. Jones, of the Macon Telegraph,
who is in Atlanta, says, that every incom
ing member of either House, is system
atically waylaid, button holed inter
viewed, exhorted, entreated, honey-fug-
gled, and perhaps, liquored, to say noth
ing of any other greasing process, to in
duce him to take ground in advance
against this great measure of reform. If
he is passive or succumbs, the fact is
forthwith trumpeted through the press,
and the people declared to be almost a
unit against the movement. Rut this
furnishes another argument for the re
moval of the capital. In a small town
these efforts would be too transparent to
be undertaken.
——— ■■ —
Cobb county has several flour mills,
thread mills, cotton factories, a paper mill,
and woollen mills, and claims to be the
banner county. ,
One of the oldest settlers of Pulaski
county, Maj. McCormick died of pneu
monia at his plantation seven miles above
JpnrfciiMYille, on Saturday night Jaet
Ihe State of Georgia legally Bound
to “ Deceive ” for “ all Dues to the
State,” her Treasury Notes now
in the hands of Civil Officers for
Services—She Can’t now Legally
Aepndiate them, either by Conven
tion or Legislature-Decision of the
V S. Supreme Court.
In my previ >m communications, I think I have
satisfied every man, w.unau ami child who have read
them, that, if auy Public Officer ever earned what
was pr,iui.-ed him. aud what he claims aa due him,
I am that man I have also shown. 1 think, that ac
cording to the action of the State Convention in 1865,
I ought to have long since been paid my note*, with in
tercut from the rir.-t day that they or similar notes,
were “ refused” to be ‘‘received ’ into tbe State
Treasury, “ iu payment of all dues to the State.” For
the Convention m 1805, in addition to ordering the
Governor to borrow money to pay thoae Civil Officer*
for then services during the war, who had uot taken
State Treasury Notes, when Mr. Warren, of Pulaski,
offered an ordinance to prohibit the payment of any
portion of the State Treasury Notes issued, the Con
vention at once voted it down. And immediately
thereafter, upon the Hou. Joshua Hill offerng an
amendment to Mr Chappell’s ordinance providing for
tbe payment of myself an 1 other Civil Officers who
>tad taken State treasury Notes for their salaries, and
upon Mr. Hill s announcing 'o the Convention that his
• object" in ffering an Amendment was “ to secure to
the ordinary State Civil Officers who had taken State
lYea.iury Notes for their salaries or services during the
war, payment in an available currency,” the Conven
tion immediately adopted the same by an ovctchcln-
ingvete.
Fljeae facts now being toell *known to the present
Legislature and the public generally, ought to, and no
doubt will, ‘‘settle the question” iustanter. And I
therefore hope that I will toon get that justice before
the present Legislature that the Rich Bond Holder got
from the first Legislature after the war, 8 or 9 years
ago, and from every Legislature since that time, down
totlie present Legislature. Andl hope also that I shall
get the same justice from the present Legislature in
getting my Notes paid, with interest, that was render
ed by the last and prest nt Legislature to the Rich
Hankers and Brokers, and others, of Atlanta, Augusta,
Columbus. Ac., who have had their State Road change
Bills, Notes that cost them 5, 10,15, and 20 cents in
the dollar during the war, and since the war, paid in
Greenbacks, dollar fur dollar, by authority of the last
and present Legislature.
But, nevertheless, as it is my habit, when I start
a thing in earnest, to ‘sift it well,” Ac , and as I abhor
or detest or despise the Kepudiator, and as I don’t care
to see such a ‘'character'’ stand upon the one thon
saudth part of a small hair, iu his unholy warfare
upon honest men’s rights, I have concluded to write
this article, presenting the material parts of
a late decision of the Supreme Court of the United
States, madeat Washington in October last, in relation
to “ l'/ie Hank of the State of South Carolina.”
The facts in the ea-o are as follows:
In 1812 the State of South Carolina chartered a
Bank like our old Central Bank; that is, the State of
South Carolina, in tlie language of the Decision, ‘‘was
it s only Stock Holder, and its faith and credit stood
publicly pledged for the payment of its Notea.”
As many ot our young Legislators, and others of the
preseut day. know but little or nothing of the old
Central Bank of Georgia, its character, Ac, I will
here state that, it was a Bank that not only had the
good faith and credit of Georgia publicly pledged for
the redsmpiion of its Notes, but it also had the Bank
Stocks and other property of the State, and the cash
in the Treasury to meet and pay its notes. Its note*,
too, were like our Treasury Notes, made “ receivable”
in taxes and ‘‘all dues to the State,” and it performed
the functions of the Treasury Department almost ex
clusively, and exclusively when there was a “deficien
cy’’iu the Treasury, by paying all warrants of the
Governor upon the State Treasury. Its notes there
fore, though not iu name, yet, they were in fact noth
ing more nor less than State Treasury Notes. They
were treated so in the winding up of the affairs of the
Bunk, for the Slate, under an act of the Legislature
in 1847, had to issue $698,500 7 per cent. State Bonds
to take up and redeem these Notes. (See Comptroller
General’s Report for 1859)
The ltauk of the S ate of Sonth Carolina, them, b«-
ing a purely State Bank, or a purely State Fiscal
Agent, tlie Antes ot this South Carolina Bank were,
ana are nothing more nor less than ST VTE TREASU
RY NOTESOFSOUTH CAROLINA.
“The lG:h section of the charter of this Bank (I
am now copying my information from the U. S. Su-
S reine Court Deciaiou) provides “That the Bills or
otes of the said corporation originally made payable,
orwhich ahull have become payableon demand iu Gold
or Si Ivor Coin, shall bo redeemable at the Treasury of
the State, either at Charleston or Columbia, and by all
Tax Collectors and Officers in any payment of Taxes
or other moneys due the State.’’
“ In September, 18t>8”—however “an Act was pass*
ed bv the Legislature to close the operations of this
Bank. In the fourth section of said Act it was enact
ed that the original art and all acts and parts of acts
which rendered the Bills of said Corporation receivable
in payment of Taxes and all other debts due to the
State be and the same are hereby repealed.”
‘ In 1870” [oue Theodore W. Wagner] “the Plain-
t-ff was indebted for Taxis (continues the Decision)
for the year 1870 in the sum of $1 264 95, and tendered
to the Defendant (John R. Stroll, I reasurer of Charles
ton county) in payment of such Taxes, Bills of the
Bank known as the President and Directors of the
Bank of the State of South Carolina, for.the amount.
The Bills were issued after the 20th December, 1860
[or after tlie ‘ Secession Ordinance’ of South Carolina J
At the time of their presentation it did not redeem its
notes in specie The Officer refused to receive them
and the relator presented by petition to the Court for a
mandamus to compel him to receive the same. Certain
ieaues of facts were raised: First, whether the Bill*
tendered were the Bills of tho Bank named, and sec
ondly, were tlie Bills issued in aid of the insurrection
against the United States, or to furnish aid to the Re
bellion. Tbe Jury found that the Bills were issued by
the Bank, and that they were not issued in aid of the
Rebellion. Upon an Appeal to the Snpreme Court of
South Carolina that Court adjudged that the Treas
urer was not bound to receive the Bills, and denied
the motion tor a mandamus ; from this judgment tha
Plaintiff brings a writ of error to this Court.”
In the pleadings of the case, if was also contended
that by a certain general law of 1813, and by a Special
Act of 1868, the loth Seotion of the Charter of theBank
(quoted above) had been modified or repealed, and
that its notes were no longer “ receivable” into the
StateTreasury for "Public Dues.”
The Court reviews the action of the varions Legis-
latmee, and concludes that while these acts applied to
oil other Banks, they did net apply to or act upon this
State Bant, tor its notes had .all along, without inter
ruption, been received for Taxes and ai! other dues to
the State. As for tlia Act oi September, 1868, the
Court held—that while it did apply to and operate ap-
on the Banks as to any issues et Notes made after that
time, yet SRid Act could not find didnat operate upon
Notes issued by tlie Bank precious to that time. The
Court concludes it- decisiou as follows:
“That tha principle of implied repeal or modifica
tion does not apply to the charter of tlie Banks of the
State we are considering, is evident also from two
other considerations.
“1. The State of South Carolina had publicly un
dertaken and promised tiiat the Notes of this Bank
should be tukeu in payment of Taxes and all other debt*
due to the State. It impressed the credit of the State
upon the Notes. Every man who held and received
them had a right <o rely upon this promise ; when the
State determined to teiminute this obligation ns it has
been held it could do upnu reasonable notice, and as
to after issued Bibs, it was bound to do it openly, in
telligibly and iu language not to be misunderstood! As
doubtful or obscure declaration would not be justifi-
ble, so it is not to be imputed.
“ 2. The provisions of a Special CharteroraSpecial
Authority derived from tlie Legislature are not affected
by general legislation on tlie subject. The two are to
be deemed to stand together, one as the general law
of tha land, the other as the law of the particular case
(See Dillon on Municp. Corp. 101, where many cases
to this effect me collected )
“In September 1868 an Act was passed by the
Legislature of South Carolina to close the operations
of this Bank. In tlie fourth Section it was enacted that
the original Act and all Acts and parts of Aots which
renders the bills of sail Corporation receivable in pay-
mentof taxes and all other debts due to the State, be
and the same are hereby repealed,
“The Sixteenth Section was the Act. the extension
of 1832and the extension of 1852 were the paits of
Acts which rendered its bills receivable in payment of
taxes Tins was the explicit, and intelligible declara
tion te which the public was entitled to, and the Leg
islature intended to terminate the receivability of its
Note* in payment of taxes or debts due to the State.
At this time and not before was the 16th Section of
its Charter actually and legally repealed.
“Much that is difficult iu the consideration of the
ease of this bank, is explained by the fact that the
State itself was its Sole Stockholder, receiving all the
benefits of its bills issued, and responsible for all its
losses and the payment of its bills.
•‘Upon the whole case we are clear that the judge
ment below must be reversed and a mandamus issued
to the Collector directing him to receive in payment of
the relator's taxes, the bills offered by him ”
It will be seen by the above Decision of the Supreme
Court of the United States, that notwithstanding the
”repudiation” of these StHte Bank Notes by the Act
of the Legislature of South Carolina in 1868, the Court
ordered these Notes to be received for Taxes and it
thereby, also decided that all similar Notes issued by
the State, during the war, that were paid out for pur
poses not incidental to a state of war, or that were not
paid out “to furnish aid to the rebellion,” should be
receivable at the State Tieasury “for Taxes or for
•tber money due the State. ’
Now what are the facts as to my notes. Tlie Comp
troller General’s office was established over 70 year*
•go, and neither tho office or its duties were “inci
dental to a state of War.” They were wholly die-
connected with any purpose of carrying on the war,
as the office lias existed since, as well aa long before
tbe war. During the war, the State not haring the
money to pay me iny salary, gave me her own notes,
“receivable" at her Treasury, without limit as to
time, “iu payment of all dues to tbe State.” These
Notes were engraved aud put iu form for no partAb-
lar purpose, but to meet any deficiency in the State
Treasury, as will be seen below. My 8 per cent
Treasury Note- were issued under the following Sec
tion of the General Appropriation Act of 1861.
Section 13. In case at any time the money should
not be in the Treasury to meet any of the appropria
tions herein made, the Governor is authorized to have
issued and used to meet any deficiency, Bonds, bear
ing not more than 8 per cent, interest, or Treasury
Notes, as he may deem best; said Bonds, when
issued not to run for a longer time than thirty years,
and redeemable at any time after five years, from
this date, at the option of the Governor.”
cent Treasury Notes were issued under
the following Section of the General Approoriation
Act of December 2i>th, 1862:
“Section 20. And be it further enacted. That in
caaa there should not at any time be money in the
Treasury to meet auy appropriation made by this
General Assernbly.it shall be the duty of tbe Governor
of this State to raise such sum as may be needed for
that purpose, by the issue of Treasury Notes of this
State,’’ fee.
The Convention in 18G5 (and everybody else) not
considering the ordinary State Civil Officers as “inci
dents” of tbe war, shortly after it assembled it pass
ed an ordinance authorizing the Provisional Governor
to pay, in Greenbacks, those Civil Officers who had
not taken State Notes for their Salaries. And deter
mined also that those holding State Notes should be
paid too, when M r. YVarren of Pulaski introduced the
Ordinance to prohibit the payment of any State
Treasury Notes, it was immediately voted down, and
when Mr. Hill offered his Proviso with the expressed
purpose to pay the Notes of these Civil Officers, it was
immediately adopted.
The first Legislature in 1366, and the Legislature* of
1872, and the present LegislatureJliave also decided
that Civil Officers who merely had “accounts” for
their servioes, during the war, were entitled to their
pay by their voting to pay Messrs. L. H Briscoe, Ci m
piler of the LaweJJohn Peabody and 8. P. Thurmond.
Solictor Generals, F. G. Grieve, Deputy Clerk of the
Sapreme Coart end Theodore W. Mootfort, Solicitor
General, for services rendered in 1862. -
While the Legislature in 1866 “indefinitely prat-
Bku’iteed 0 bnttkev »«° r ^°t the Atlantic *°d Gnlf
to "meet may dfe*. *8*4
Bond, weroto iH,riSLi“ F , th ' Th “*
Sr&sfoLet the
■ebecriptionreads tTus: ' he ACt ° f 1866, ml,kiD R the
of Directors,'soon' after they are* efect
the same shall be actually pai^in“|” lwheB
UlifTh 9 m ° ne * Dot ot! ‘erwi,e appr^rUtod*
and If there shaltw no such funds in ihe freZJTf;
not sufficient to pay the installment called for*he shSl
S .t u ' w r / Bond4 ° f t!>e *»«•
aav,ng20years to run, and bearing 6 per cenUnfe?.’
These Bonds, then, having been authorized lobe is
sued only to Sneet any deficiency” in the State
ury, and my State Notes givm me for my t
Comptroller General, being authorized to £
^^P'^pose, l would most respect
fully ask the past and present Legislature “upon what
meat doth these our Cmsars (the A. Sl (J Rond iTli^
er,) feed” that Me, should have their Bonds at once
recognized and the interest paid regularly over
since I860, while I have not had my Notes paid or
even interest paid on the same ? It can’t be sSdthS
:hese Bondi,oiders were “quic ker,'• aud ‘more a ct ’iy."
•!,!"i 'lS e Way ’ ll,an 1 wa, ‘ ,or Bt ‘he Conven
l.was one of the parlies to soliei if.
Hill to offer his Proviso-, and, but f„ r which the Levis’
ature, under the Ordinance ot LH60 could not 'have
recognized or paid tlie interest on these Bull
tut some how, or other, they or their Attorneys 0 or
friends were more “fortunate” in 1866 than FIm
for while I tried two Bills,to get
that tune, they got their Bonds “recogniz-d^Md ,h,
interestanthouzed to be paid.**., at once and «
i .. A ^’ Bmoe tlle ". eY-ry Legist
has followed saif, and have paid those rZScT,
theirinterest regularly, * c . BmTl taSMJk^
“Fantastic Trick,” will be played any longer
this expose, I think that the present Legi^ure wm
t oifCr e |R Pa J t, ‘ a Merest on these AttaS
s*kfof‘^r^t-^ dS ' bUttll , St itwi " also forthe
saaeoi lair play, and common honesty if for nonet,*.
reason, make (the “amende honorable/ soTar « £
mS r; larl ^ 8I,US ' eJ) in Stat8 BoudS
c J. . on m y ^utes, fiom the time the StnU
refused to “rece.vo” Treasury Notes “for dues” ^
T Vi T n,h * after “> 8 surrender °
After what I have heretofore presented and with
to a differen P t r result. Le818l “ tUre ’ l ° look ’ fur a momen ‘,
As 1 tried so hard in 1865 and 1866 to "start even •'
least wun the A.*G. Bondholder, ‘ lioid justice"
would say ln paying me. the State eight toalEw me
nofTlien* 0 ^ 0t6re * t ’*' “ W " 8 nnt “'St I did
holder? or “ 8tart evt,u '' wi “> ‘he Bond
oolderg in getting my interest on Bonds, that I was
Hl e d 7* n‘ D |f i*° for Nolea - as before
sa d, I shall be satisfied to be paid in State Bondi
with interest, from the time tbe State “refused” to
»To 6 'c! be] Treasury Notes “in payment of all dues
to the State, or from six months after the surrender
and I doubt not but that all other Civil Officers hold!
mg these Notes for their salaries will be satisfied with
theaame “settlement.”
With these remarks, I submit my case to the con
sideration and judgment, of the intelligence, the vir
tue. SDd the honest and honorable impu'ses, and prin-
eiplea, ol the members of the present Legislature.
Very Respectfully,
PETERSON THWEATT.
P- S.—I now call upon THE PEOPLE OF GEOR
GIA (and all others) who read the above to bear
witness, that if the Representatives in the present
Legislature, now refuse to pay my claim, Fair
Plat and FaikDealinu requires that they shall also
refuse to pay, and shall also repudiate what is call-
ed tlie “Atlantic * Gulf Railroad Bonds ’ above al
luded to. If they do not do so, tbe members of the
Legislature »ill (so far as they can do so) establish
the principle in Georgia, that a RICH MAN'S
MONEY or a RICH CORPORATION S MONEY
is more worthy of consideration, is MORE WORTHY
being paid for or recompensed, thau A POOR MAN’S
SERVICES!
Do the honest masses of Georgia, do tlie honest
Yeomanry of the State, want SUCH a PRINCIPLE
as this, established in Georgia ? As ‘‘one of the
Mass,” as “one of the People,” as an honest and fair
man that I have ever tried to be (leaving out of the
question or iny other claim) I most emphatically an-
swer, NO! NEVER!!
Atlanta, Ga , January, 1874.
P. T.
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Dec. 17, 1873. 21 ly.
Jot to the World ! Woman is Free .'—Among
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cures whites. This valuable medicine is prepared and
sold by L- H. Bradfield, Druggist, Atlanta, Ga.
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mends it.
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Atlanta, Ga.
Redwine * Fox, Atlanta, Ga.
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w -
STATE OF GEORGIA—Troup County.
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December 21,1868.
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Msy 14,1873.
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Mm
meetflOT
B*" 10 UIO irtWffur/ iwi njvu m ?w«i, TH 8
VERT RAMP. LEGISLATURE “recognised and
paid the interest on precisely the same "obligations,"
(hat were held by wealthy men, who peffcapa had
their “Lobbyisti” »r “Attorney*” among tbeae Leg
iaiatonto net instice for them. I allude to tbe “reoag-
aitiou” nod payment of interest by the Legiiiatnre of
1866. and by all subsequent ones, including the present
Legislature, of what is called
sTss Atlantic and Gvtr Rail Road Bond*.
These Bonds, issned deriag the war, won mot mm-
PAIN-KILLER,
FOR OVER THIRTY YEARS
Perry Davis’ Vegetable Paii-Killer
Has beea tested m every variety of climate, and
by almost every nation known to Americans. _
Jt is the constant companion and estimable fnena
of the missionary and tbe traveler, on sea and land,
and no one should travel on onr Lakes or River*
without it.
It has been before the public over thirty
and probably has a wider and better reputation than
any other proprietary medicine of the present day. At
this period there are but few unacquainted with tne
merits of the Pain Killer: but while some extol it as*
liniment, they know but little of its power in easing
pain when taken internally, while others us«
it internally with great success, but are equal
lar ignorant of its healing virtues when ap
plied externally. We therefore wish tosay to all that
it is equally successful whether used internally or ex
ternally. and it stands to-day, unrivalled by all we
great catalogue of family medicines. It is sufficient
evidence of it* virtues as a standard medicine, to
know that it is now used m all parts of the wor *^ .“:
that its sale is constantly increasing. No curative
agent has had such wide spread sale or given suen
universal satisfaction. It is a purely vegptable oom
pound, and perfectly safe in unskillful hands.
P After thirty years trial, is still receiving the roo«
unqualified testimonial to its virtnes, from peraou*»‘
the highest character aod responsibility. Fhysici
the first respectability, recommend it as a t
- - : the extinction of pam.. « “
— — ly over krown for Bnuses, >
Bona, dko., but for Dysentery or Cboleraorsnjr so
_ _ ipectabilitv,
tual preparation for the extinction of P aia „
only thoW remedy ever krown for BraMen.U**.
Bona, Ac., bat for Dysentery or U holer* orsny
of bowel comptont, it la a remedy unwrp**^ 1 ^
efficiency and rapidtiy of action.jin tho 8 raa J*|“
Beware of all /aitotoms- ^ ^
Tho Pain-Killer is sold by 1 coaainse