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Club HmI«h.
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Ton CopioH of ilio Paper olio year 20 00
A A" All Hiihscrlptloiia must ho pahl tnvariably In ad
vance. No discrimination in favor of anybody.
• tpTho paper will bo stooped, In all instances, nt Uin
time paid for, unions riithscrlpllutinaro previously ronowod.
Ai' Address all ordara to
•TONHR k Wn.LTNOHAM.
Attorneys.
W. O. TIIGGLK,
A T T O 11 NICY A T T.AW,
bn Hranxr Georgia.
AlilllllRT II. ( OX,
A T TORNEY AT L A W ,
TittGrn ago, Georgia.
TOOLE MA1IRY,
ATTOKNF.V8 AT 1 ,AW.'.' J
t*aGrnntf*,...i.. Georgia,
W ILL prartlon In the Superior Oourta of the counties
of Troup. Hoard, Carroll. Coweta. Meriwether and
llarrlR. Also, In tbo Supreme Court of Georgia, and in
♦ he United Staten District Court at Atlanta.
<>lTJ<T.-r.nHt Side of the Public Square. oeOO-tr
b. C. FKnUKI.I., I N. J. HAMMOND. I K. W. HAMMOND.
LaGrange, Ga. | Atlanta, On. | LnOrange, Ua.
FRIlltKLTi, HAMMOND & 1IRO.,
ATTORNTCYS at taw,
La Grange, Georgia,
W ILL practice in Troup county. , All bunlnon*animat
ed to their caro will receive personal, prompt and
careful attention.
N. J. HAMMOND still remains a member of the firm of
A. W. Hammoml A- Hon, of Atlanta, except as to Troup
county. JnS-tf
VOLUME XXV.}
LAGRANGE, GA., FRIDAY MORNING, AUGUST 20, 1869.
I NUMBER 34.
Dentistry.
II. II. ALFRED,
HUROEON DENTIST,
La Grange, Georgia.
January 8th, 180'.).
.1. T. DOIiHINK,
SUUOISON DENTIST,
HAVING located at LaGrange, respectfully
tenders bis professional services to tbo citizens
of tho place and surrounding country. All
work done at his offleeslmll be ne itl.v and substantially
executed and warranted to give satisftictlon, ut reasonable
charges.
For reference apply to Col. Hugh Buchanan, Col. W. F.
Wright, Dr. Calhoun. Dr. Wellborn. Newuan. (la.: and Dr.
Klaniey and Dr. Wimblsh, LaGrange, (la.
Office up stairs over Pullen & Cox's old stand, Northwest
corner of Public Square. janH
Medical.
Dr*. LITTLE iSi BAUGH,
H AVING associated in the practice of Medicine In its
various branches, respectfully offer their services
to the citizens of LaGrange and surrounding country.
During the day they can be found at the Drug Store of
Dradtteld A* Pitman, and at night, at their* respective resi
dences. Dr. Thiugh may be found ut the residence lately
occupied by Dr. J. A. Long. 8. D. LITTLE,
_ March 9,I860.—12tf _____ J. A. BAUGH.
MEDICAL NOTICE I
Vlt. R. A. T. RIDLEY, having associated with himself,
D his son. Dr. CH ARLES H. RIDLEY, a recent grndi
nto of the New Orleans School of Medicine, wonld offer
their services in the various branches of the Medical Pro-
fessloti, to the citizens of LaGrange and surrounding
country.
extol
) the neuplo that all
try, will he promptly
aud faithfully attended to.
Air office one door North of Pillion k Cox's old stand,
and threo doors South of the Post office.
Miscellaneous.
1:
NOTICE THIS I
Cutting mnl Work Done Promptly!
. C. HEWITT, E. W. HEWITT.
Virginia. Virginia.
lEWlTTH 1 GLOIVE HOTEL,
ATTO tJSTA, OA.
FARE THREE DOLLARS PER DAY.
Tho West- in the Oily.
FRANCIS A. FROST,
BANKER,
^office West .Side Square, next door to Wise k Douglass,)
LaGrange Georgia.
"1 OLD and !
TYork and I
at Atlanta rates.
flip Special attention given to Collections. oet30-tf
'notice to COTTON PLANTERS!
GEORGE KIDD,
MANUFACTURER OF
IMPROVED COTTON GINH,
•xTf OTILD respectfully announce to hi* old friends, ami
YY the public, generally, that he is still engaged in
tils old business of MAKING COTTON GINS, near La
Grange, and wonld he pleased ‘
in his line.
Mayai-4m»
N. 1C. SOLOMON,
WHOLESALE GROCER & COMMISSION MERCHANT,
IMPORTER OF
Brandies, Wines, JamaioaRum, Holland Gin, &o.,
WHOLESALE DEALER IN
DOMESTIC LIQUORS AND CIGARS,
205 Bay Street,
Georgia.
Savannah,.
April 30th. 1800.—
ATLANTA MARBLE WORKS!
Will. GRAY, Prop’r, S. II. OAT MAN, Ag’t,
American and Foreign Marble,
H0NUMENTS, TOMBS, VAULTS, HEADSTONES, TABLETS,
Mantles, Statuary, Urn* and Vases,
A ND all descriptions of FINISHED MARBLE OF THE
BEST WORKMANSHIP AND LOWEST PRICES.
AT DESIGNS FURNISHED, for thoso purchasing of us,
free of eh *
■MODELING, today or plaster, and other ornamental
• All orders faithfully executed and promptly filled.
•OFFICE AND YARD—Opposite Georgia 11. It. Depot,
ta, Ga. octlfl-tf
CLAGHORN, HERRING & CO.,
TT0N COMMISSION MERCHANTS,
No. 7 Warren Block,
ngnsta, Georgia;
Corner ▼endue Range and Accommodation Wharf,
xarlcston, Sontli Carolina;
120 Chestnut 8trcot,
hlladelpkia, Pennsylvania.
[BERAL OASn ADVANCES made at all times on con
signments of COTTON.
JOSEPH 8. BEAN, of LaGrange, Georgia, is our
it, and will giro prompt attention to shipments and ad-
fU sepll-tf
ALEXANDERE RGE\Z 1N G ER,
(Hunter Street, near Whitehall,)
tlanta, ..Georgia,
fOpLD respectfully Inform his old friends in LaGrange
aud surrounding country that ho is prepared to 1111
rders for
tNITURE; UPHOLSTERING,
MATTRAS3ES AND BEDDING,
DECORATIONS,
WINDOW CURTAINS,
Ac., Ac,, Ac.
• All oruam unuiuuj «n<) nmnint
,ost reaaonnbleternm
THE U NRIVALLED
0 c» rmy j»jc jml jwl as n
Still at his Trade.
F. HOLLE
S RE8PECTFULLY informs his prompt-paying
patrons (no others solicited) that he is still pre
pared to servo them in the
Boot and Shoe Line,
homo, a short distance from tho square. AtT Orders
ark left at Mr. John Ragland’s, A .Lehman ".ortho
Tfflce. will raeot with prompt attention. mr2»tt
(USUAL For a country printing office to do work
■to the neatness and dispatch as doesjtop
REPORTER OFFICE.
IMPORTANT DFCIMIOVJI.
UNITED STATES DISTRICT COURT HOUTJttBN DIS
TRICT OF GEORGIA.
The Bankrupt is Entitled to the Exemption of a Homo-
stem! out of the land Mortgaged by him to secure the
payment of Borrowed Money prior to tho Timo of
Claiming such Homesteads.
In re .James B. BnowN.
I, Finnic H. Hesseltiue, a register of said Court
in Bankruptcy, do hereby certify that in the
course of the proceedings in snid cuho the fol
lowing question pertinent to snid proceedings
arose and was stated, and agreed to by Arthur
Hood, Esq., counsel for the bankrupt, and T. K.
Appling, Esq., who appeared for Hamilton Ber
ry, administrator on the estate of Elam Leo, a
creditor of the said bankrupt.
On the 13th day of January, I860, .Tames B.
Brown executed a mortgage upon a lot of land
with hotel and stable in Blakely, Georgia, to
Elam D. Leo, executor of Elam Lee, to secure
the payment of money loaned.
On tho 5th day of May, 1808. Tho said
Brown tiled liin petition to be declared a bank
rupt. The said land is the only real estate re
turned by said bankrupt, and is worth more
than five hundred dollars. Jle claims an allow
ance of live hundred dollars for a homestead
out of tho proceeds nf tho sale of tho said
property, which claim is resisted by the said
creditor, And the said parties requested that
the issue thus raised should be certified to your
honor for your opinion thereon.
OPINION OF THE REGISTER,
Tho question here submitted is, “ Is the bank
rupt entitled to a homestead out of property
mortgaged by him to secure the payment of
borrowed money prior to tho time of claiming
such homesteads.
In He John B. Whitehead your honor affirm
ed my opinion that the bankrupt is not entitled to
the exemption of homestead out of land mort
gaged by him at the time of its purchase to se
cure tho payment of the purchase money until
the said morgage is satisfied. See Bankrupt
Register, vol. 11, page '180. In the course of
that opinion I slated “ that the debtor who seeks
to have a homestead set apart for himself and
family must first have a full and complete own
ership and title to the property; it must be en
tirely his property unsaddled with any encumbrance
lein or condition affecting his title thereto.”
• * * “ The Code docs not deny the head
of the family the right to create a lien on prop
erty not previously exempted in accordance with
the provisions of the homestead act. Jle. is
free to do what he will with his own convey or murt-
ijaye it.”
After renewed consideration of the law rela
ting to the exemption of property, I do not de
sire to vary tuat language and reutter it here as
a reason why I think that James B. Brown, the
bankrupt, is uot entitled to a homestead out of
land which by bis mortgage, he has already
created an “encumbrance, lein or condition af
fecting liis title thereto.”
The code of Georgia after designating the
property to he exempted to a debtor who is the
liead of a family, goes on to state tho course to
be pursued by “every debtor seeking the bene
fit of the act.” A claim for the exemption of tbo
property is to be made and recorded in the
clerk’s office, tho land must he laid off and a
plat of the same likewise recorded.
Further on the section 2019 of the Code de
clares that “ any officer knowingly levying on
or selling any property of a debtor exempt un
der this law, a schedule of which has been relumed
as required, is guilty of trespass,” &c., and sec
tion 2020, “The debtor shall havo no power to
alienate or encumber the property exempt un
der this law, but the same may be sold by the
debtor and his wife, if any, jointly with the con
sent of tho county." &c. By this it is provided
that an officer shall not levy on and the debtor
shall have no power to alienate or encumber
tho property which lms been duly exempted; i.
t\, set apart and recorded in accordance with the
provisions of tho law.
The power to alienate or encumber the property
which lms not. been duly exempted is not taken
away from the debtor. It is a natural subsisting
right. He can deal with his own property us it
pleases him, and the lien of a mortgage given
by him for a good consideration is unquestiona
bly valid and binds the property. It is a cow-
traet, his oblbjation to keep which may not bo Im
paired by any subsequent act ot his or by any
law. Since the law nowhere denies the head ot
a family the right to sell or encumber property
which has not been set apart in accordance
with the Homestead act—and this natural right
•is his until taken away by statute- lie surely
will not be permited, having borrowed money
on the strength of a mortgage legally given to
the creditor, toysecure the payment of the same
thereafter to invalidate his mortgage by putting
in a claim to have the lein of it discharged,
and the property set apart to him for a home
stead. This, ns I view it, would be a wrong
that neither a court of law or equity will up
hold or sanction.
The mortgMW erntmet solemly entered into
by permissio^pf law must receive the approval
and aid of the law.
Respectfully submitted,
Frank S. Hesseltine,
Register in Bankruptcy.
Erskine J. — Mr. Register Hesseltine, in bis
written opinion on the question which arose be
fore him In the course of the proceedings in die
matter of James B. Brown, a bankrupt, relied on
the case of John B. Whitehead as being anala-
gous to principle, if not wholly governing the
case of Brown.
In the case of Whitehead, the point for decision
was whether the bankrupt was entitled to the ex
emption claimed out of the land mortgaged by
him to the vendor, at the time of the purchase,
to secure the purchase money.
There the equitable lien of the vendor was in
volved, aud not withstanding the vendee gave a
mortgage outlie laud to the vendor executed
simultaneously with the purchase—I was of the
opinion, on principle and authority, and in en
tire consonance with the conclusion expressed
by Mr. Hesseliine, that the vendor, by taking
the mortgage on the land alone, did not waive
his lieu; and affirmed the decision of the Regis
ter, denying the exemption out of the land -
land he had never paid for, and for which he
was merely tho trustee for the vendor; In re,
John B. Whitehead, 2 Bankrupt Register, 180 8.
P. In re, Lindsey l J urduc, Id 67, 2 Story, Eq.
Jur., sees. 1227, 1228, 4 Kent 151, 9 Ga., 86, 14
7(2 216, 5 Ind. R., 492.
Brown’s case is briefly this; He was the owner
of a hotel and stable lot in Blakeley’, these, in
January, 1860, he mortgaged to E. D. Lee, exec
utor of Elam Lee, for money loaned liiin by the
executor. In May, 1868, Brown filed his peti
tion in Bankruptcy, including in his schedule,
the mortgage property, it being all the real es
tate he owned. He now claims to be allowed
out of the proceeds of the sale of this property
when sold, it not being ( as was agreed upon by
counsel on both sides) susceptible of partition,
five hundred dollars in lieu of a homestead. The
bankrupt is tho head of a family, and has three
minor children.
I need scarcely remark that, in Georgia, a
mortgage is a security for the debt—and nothing
more; the title to, and ownership of the property
remaining in tho mortgager, until foreclosure
and sale.
From wliat I have said, I think it will be read
ily observed there is a clear and very marked
difference between the case of Whitehead and
this of Brown. Turning to Cobb’s Dig. 390, it
will be seen that, by the Act of 1843, which is
amendatory of the act of 1841, Id 389—fifty
acres of laud are exempt from levj r aud sale,
“except the same shall be for the purchase
money of said land, for the payment of which
the laud shall be bound. ”
The Act of 1845, Id 391, extends the humane
and equitable beuofits of the preceding Acts to
citizens of any city, town or village in the State,
“to include real property in such places not ex
ceeding in value two hundred dollars."
Thus stood the law when the executor of Lee
received from Brown the mortgage ou the hotel
and stable lots. And can the executor of Lee
now complain of Brown, and did ho not lend
the money and accept tho mortgage, under the
law exempting a certain portion of the property
of the debtor from levy and sale ?
By tho provisions of the act last cited the
property Doing situated in a town Brown
would have been entitled to an exemption of
two hundr d dollars only. But he now claims
to be allowed five hundred dollars out of the
sale of the mortgaged premises, under the act
of Congress of March 2, 1867. Section four
teen of this act, in enumerating what shall be
excepted from the operations of its provisions,
in the last clause of the first proviso, sava: 1 And
such other property not iuoluded in the forego
ing exceptions as is exempted from levy and
sale upon execution or other process in order of
any Court by the laws of tho State in which
tho bankrupt has his domicile at the time of the
commencement of the proceedings in bank
ruptcy, to an amount not exceeding that allowed
by such State exemption laws in foroe in the
year 1861.”
In section HI, Bt. 2, Tit 3, Chap. 2. Bit. 4 of
the Oodo (IkI Ed.), will be found tho exemption
lawn in force in Georgia 1864. Section 2013
states what property shall ho exempt from levy
ami sale by virtue of any process whatever, un
der tho laws of this State, And Section 2017
declares that “ If the debtor owns town property
exceeding in value ;fivo hundred dollars, and
it cannot be divided so as to give his family that
amount, he may givo notice to the officer levying
thereon, and when tho proceeds of the sale are
to ho distributed, tho Court shall order five hun
dred dollars of the same to be invested by some
proper person in a home for tho family of tho
debtor, Which shall bo exempt as if laid off un
der this law.
As already observed, when tho mortgagee
took the mortgago to secure the payment of tho
money loaned, the exemption laws then of force
were an ingredient in tho contract. But whether,
after the code went into effect and the mortgage
had then foreclosed and a sale had taken place,
tho mortgagor could claim, under the new ex
emption laws of Georgia, five hundred dollars,
is a question not necessary to discuss hero. It
is sufficient for the purposes of this ease that
the national legislature has, in pursuance of the
8th section of tho 1st article of the constitution,
enacted a statute to establish uniform laws on
tin subject of bankruptcies throughout the Uni
ted States. Sturgis vs, Crowninsfield, 4 Wheat
122, 196, 199. And if any of tho State exemp
tion laws are in couflict with acts of Congress,
they must yield; otherwise, the national gov
ernment could not move on, and its constitution
and laws could uot be nununount even within
their propel* sphere. Martin vs. Hunter, 1 Wheat
304. Glob ins vs. Ogden, 9 Wheat, 1. 195, 209.
Commonwealth vs. Kimball, 24 Pick, 359. I nited
States vs. Hart, Peters 6, C. B. 390. Home vs.
•/ennison, 14 Peters, 540, 574. Indeed, this is
made necessary by the constitution itself.
“ This Constitution aud the laws of the United
States made in pursuance thereof, and all trea
ties made, or Which shall bo made, under the
authority of tho Uuited States, shall be the su
preme law of the land; and the Judges in every
State shall bo bound thereby, anything in the
constitution or laws of any State to tho contrary
notwithstanding.” Art. vl.
The decision of the Register is reserved.
The Clerk will please certify this opinion to
Mr. Register Hesseltine.
July 27, 1869.
important decisions of the supreme court.
Judgment upon which Entries have not been made for
Hoveu years declared void—notwithstanding the Sus
pension of tin- Statue of Limitations by the Stay Laws.
L. T. liottle vs. James A. Shivers—Motion to
distribute money—From Warren county.
In the above case the question arose as to
whether a judgment obtained in April, 1861,
was entitled to certain funds in the hands of the
sheriff. The point made against Shivers was
that his judgment was dormant—no entry hav
ing been made upon it in seven years. Shivers
claimed that by the act of 30th November, 1860,
the statue of limitations was suspended, and
also by the act of 1866, known as the Stay Law.
The Court below determined that tho judgment
was not dormant. The Supremo Court, in a de
cision rendered on Tuesday last, by Chief Jus
tice Brown and Justice MoCay, reverse this de
cision. Their reasoning is long, and we omit
their opinions. As to tho effect of tho provis
ion in the act of 1866, Chief Justico Brown
3. But it is insisted that the act of 1866, known
as the stay law, expressly suspends the statute
of limitations as to liens. So it does: But what
liens? All liens, says the statute, affected by
that act. This court, whether its judgment was
light or not, lias declared unconstitutional, and
void. It is very clear that the Legislature only
intended to suspend the statute of liiiiita'ions
as Long as the stay law remained legally in force j
and no longer. Under this ruling the stay law
was never legally in force for u single day.—
It therefore, never affected any lions, au:l as the j
statute of limitations was only suspended as to
liens affected by it, and none were affected by j
it, the statute was suspended as to none. The i
stay law having been declared null aud void it is j
in law as if it had never been passed; and crod- j
itors are no more entitled to claim legal rights
under it now then debtors were when it was \
brought before this court aud set psido iu the :
interest of creditors.
I»or contra:—J Warner dissenting says: j
But in my judgment, the decision of the j
Court below was right, upon a fair construction |
of the act of 1866, commonly known as the stay i
law. By the first section of that act, executions ;
were to be stayed until the 1st of January, 1876; |
that was a definite period of time fixed for the
operation of the act upon executions issued
upon judgments. The third section f the act
declares, “ that all Statutes of Limitations re
lating to liens affected by this act, shall be sus
pended during the continuance of the act.” It
was the declared intent of the Legislature to
suspend the running of the Statute of Limita
tions relating to liens, until the 1st day of Jan
uary, 1870; for that was the time fixed by the
first section of the act for its continuance. The
intention of the Legislature is quite as clear and
manifest as if it had been declared in so many
words, that the statutes should be suspended
until the 1st day of January, 1870, The first
section of the act was to continue of force until
the 1st of January, 1870. The statute of limi
tations relating to liens, affected by the act, was
suspended until that time. It is true, that the
first and fourth sections of the act of 1866 have
been declared unconstitutional and void but the
third section ol that act is not unconstitutional
and has never been declared to bo so.—
That section of the act remains intact, aud be
cause the other sections of the act have been
declared unconstitutional, that fact does not
prevent a reference to them to ascertain what
was the intention of the Legislature in the enact
ment of the third section as to the period of time
for which the statute of limitations, relating to
liens, was to be suspended, that it was the inten
tion of the Legislature to suspend the running
of the statute of limitations, relating to liens,
until the I.s7 of January, 1870,1 think is clear and
indisputable; and taking the most favorable view
of the question for the plaintiff in error, the
time should not he counted against the defend
ant. in error, until the rendition of the judgment
of this court, declaring the first and fourth sec
tions of the act of 1866 unconstitutional.
Henry 0. Pope, plaintiff in error, vs. W. U. Gar
rard. Complaint from Muscogee.
Brown, C. J.—1. By section 2267 of there-
vised Code it is declared: “ The destruction of
a tenement by fire, or the loss of possession by
any casuality, not caused by the landlord, or de
fect of his title, shall not abate the rent con
tracted to be paid.” Ileld: Under this section
of the Code and under former rulings of Court,
if the premises rented are destroyed bv fire, du
ring the term the tenant, under an ordinary rent
contract, is liable for the payment of rent for the
full period*for which ho routed.
2. Where a room in a building was rented for
n drug store, for one year, and three notes were
given at six, nine and twelve months for the rent,
and the building was burned down a little be
fore the end of six months the tenant is liable
for the payment of the two last notes ns well as
the first.
3. The counters and drawers in a drug store,
placed thereby the landlord, and rented in their
place with the store, are fixtures, which tenant
lias no right to remove, and if the building is
burnt, and they are saved by the tenant, they
are the property of the landlord, and he has the
legal right to dispose of them as he thinks prop
er. The tenant has no right to remove them to
another store rented from a third person.
4. The fact that the landlord bus the building
insured, does not change the rights or liability
of the tenant.
Judgment affirmed.
McCay, J., dissenting.
Boys’ Apprentices’ Rights.—The Times
thinks the Congressional printer is perfectly jus
tified in on!urging.the number of apprentices in
the Government office, notwithstanding the op
position of a portion of the journeymen, and
we agree fully with that paper. The editor
says:
Iu all trades there is opposition now a days to
tho “ taking on" of apprentices; and in many
trades tho “ unions” liavo so limited the em
ployers in tlio’matter, that they are altogether
helpless. As a consequence, boys find it diffi
cult to go tithe opportunity of learning a trade,
and they are tlins deprived of the means of ob
taining an independent livelihood for life, while
at the same time, the industry of tho country is
thus deprived of their services in pursuits at
which their labor Wonld bo of the highest value.
This is all wrong. Boys ought not only to be
permitted but Wight to be encouraged to learn
the trade which J&ey may choose aud for which
they are fitted*- Let them be compelled, if bo
it pleases tliA journeymen, to serve a long ap-
’ ‘ submit to rigid terras, and to
i Small pay; but don’t let them
'prohibited from learning tho
hey may be attracted.
When do Oounty FJor.tionH lake plow; in Gcnrgiu?—How
Iona (lo tliomi OlHenrs aud Gonoral AHNi uiblymcn hold ?
—Further Logifllutlou ncM.’f’HHury.
The following important opinion, addressod
by Attorney General II. P. Farrow, to Governor
Bullock, on the timo of holding elections for
county officers, lias beeil handed to us for
publication. Wo invite tho attention of our
readers to it:
Attorney General's Office, )
Atlanta, Ga., August 7, I860, j
Governor:—Your communication of the 31st
ultimo, with enclosed papers, came duty to hand,
and I have giv u them that consideration which
the importance of tho question presented de
mands.
The question submitted, and upon which you
ask for my written opinion, is one which has
been propounded to me by a number of county
officers, who were not, under the law, entitled
to ho opinions of the Attorney General, and to
whom 1 did uot therefore feel at liberty to ten
der any opinion. Them is great differo ico of
opinion among the people fts to when the next
election for county officers will take place, aud
it is very proper that the question should bo au
thoritatively answered aud put at rosp
Tho Constitution itself, aud not the Code, de
termines the term for whioh county officers havo
been elected, and those who insist that the elec
tion for county officers will take place next win
ter, betray great ignorance of tho Constitution
upon which they have so recently voted.
Tho 9th Article of the Constitution says:—
“ The county officers recognized as existing by
the laws of this State, and not abolished uy this
Constitution, shall, where not otherwise pre
sided for iu this Constitution, be elected by tho
qualified voters of tlieir respective countiofe or
districts, and shall hold their offices for two
Thoeefore, it is clear that by virtue of tho 8th
Article ot the Constitution, county officers will
hold their offices for two years unless it is other
wise provided for in the'Constitution. Does
the Constitution otherwise provide? and it ho,
to whu extent? It does otherwise provide in
the eese of every county officer elected in tho
olectiou which commenced on the 20th day of
April, 1868. That election was held under aud
by virtue ol an ordinance adopted by the Con
stitutional Convention on the 10th of March,
1868; and all civil officers elected under the Con
stitution, by the people, were then elected, ex
cept Justices of tlio Peace.
That ordinance provides that all officers elect
ed at that timo shall “hold their offices ns
though they were elected on the Tuesday after
the first Monday in November, 1868,” and it
moreover provides teat they “ shall continue in
office till the regular succession provided for |
after the year J868, and until successors arc,
elected and qualified.” The Constitution itself I
affirms the validity of that ordinance and gives '
it all the force and power to bo derived from a
Constitution,—hence the present county officers
will hold their offices for more than two years
from the time they were elected, but after the
first regular succession such officers will only
hold for two years,—except in cases where the
Constitution fixes a different term, as in tlio
case of the office of Grdiuary which is for four
years.
Those who contend that ‘lie old election laws ■
contained in tho code, and found from Section
1345 to 1450 inclusive, are still of force and j
must control the next election for county officers .
and bring on the election nearly one yor.r be
fore the offices cr.n possibly become vacant,
should remember that all. our liws governing j
elections were rendered entirely inoperative, ob- j
soletc, null and void by the llee ms!ruction
Laws aud our Constitution, If these sections '
ol tho Code are of force now of course they j
have been of force all the. time since they were |
first made a part of our Uw.. If they were of j
force all the timo since they were first made a '
part of our law. If they were of force at the |
timo of the eleeriou oil the the 20th of April,
1868, then it follows that itliere has been no i
eloi-tion of officers under Vho Reconstruction
Laws. If that election was not valid, then tho |
whole seconstruction of Ihe Southern States |
was without authority o? hi\v. Tf, on the other ,
hand, il is admitted tin l the j .resent* menm- >
bents were legally elected, tli"ii it follows that
the Reconstruction Lav,-s and the Constitution
prevail over said sections of the Code, and that
ut that time those sections wero superseded, ob
solete, and void. If they were void, then what
has since :«-euactod them ? ’They wereinopera- !
tive and void then, and are to this day; for when
a law is once annulled it is annulled forever,
and can only exist again by re-enactment. If it
had been tlio purpose of tho framers of the
Constitution, who also framed this ordinance,
to recognize these sections of Ihe Code is utill
of force, why would they have disregarded them
iu the last election.
There cun be n<> doubt that under the changes
wrought by the Reconstruction Laws and the |
new Constitution, those sections ot the Code, i
under which it is contended by some, the elec- .
tion for county officers should be held next Jan
uary, are entirely obsolete, and that the General
Assembly must provide for an election and suc
cession, just as it has in the case of Justices of
the Peace, before any elections can bo held for
county officers. If there should be no provis
ion made by the General Assembly at its next
session for an election and regular snocessiou,
then by virtue of that provision of the Consti
tution which provides they shall hold till tlieir
successors are elected and qualified, tliey^ would
simply continue in office until the next General
Assembly should provide for an election.
Therefore i' is my opinion that there is at
this time no law regulating tho time for the
county officers, and that before any election can
be held there must be further ligislutlou.
I am, very respectfully,
HENRY P. FARROW,
Attorney General.
Ilis Excellency Rufus B. Bullock, Governor of
Georgia.
Tlie Pcabudy Educatiounl Fun*l«.
Wo call the attention of the public to the fol
lowing card from Mr. Sears, General Agent:
Staunton, Va., July 16, 1869.
Hon. R. M. Lusher-My Dear Sir: The trus
tees have decided to co-operate with State sys
tems (of public instruction) as far as possible.
We hope to do so with Louisiana, and I see no
great difficulty, if tho two races were placed in
separate schools. I believe there are no mixed
schools in Florida, South Carolina, North Caro
lina, or any other State, nor can I suppose that
Louisiana will venture on so bold an experi
ment. If under the State law, no schools are
maintained but such as are attended by colored
children, or if, virtually, the colored children,
and they alone are provided for by law, we must
look particularly alter the white children.. On
making our arrangements with towns our judg
ment must bo guided, first, by the amount
raised by the population to bo provided lor.—
Our contribution is not a charity to poor chil
dren, but an eucouragemeut to communities.
The people must contribute something—say
three-fourth or more, of the amount needed to ;
support a free public school iu their midst, and
a certain number of children to be provided i
for should also bo reported, so that we may
know what supplementary aid is required each
year, to render the school permanent and suc
cessful. Both the trustees and Air. Peabody are
warmly attached to offr plan as is, particularly
to that feature of it which relates to public
schools. I caimot yet say, however, what
amount can be granted the coming year. It
we can work more advantageously iu Louisiana
than elsewhere, we can justly and wisely do
more there thuu wo could.otlicrwiHc; but it the
children for whom wo provide will not attend
the shools, wo must withdraw our aid aud be
stow it elsewhere. I Wish you to exercise a
wise discretion in this matter. Be pleased to
let the people know that the way in which thej
they use our contribution one year will deter
mine the question whether it shall be renewed.
Everything is ou probation; this is our great se
curity. If the peoplo raise the needed fuuds and
concur with us, whole communities will have tlio
same interest iu the schools as though they were
supported by general taxation. V e wish partic
ularly to know how much raonoy has been rais
ed and now many children have attended tlie
schools already aided iu Louisiana.
Yours truly, , .
B. SEARS, General Agent.
«
An Irishman was going along a road when an
angry bull rushed down upon him and with his
horns tossed him over the fence. The Inshmau
recovering from his fell, upon looking up saw the
bull pawing and tearing up the ground, where
upon, Pat smiling at him, said, If it was not
your bowing and “scraping your apologies, you
brute, faix I should think you had thrown me
over this fence on purpose. ”
Gentlemen engaged to be married are now po
litely termed husbands by brevet.
Macon, Ga., August 0, 1809.
Dear Sir: In reply lo your inquiries of the
27th ult. This: In order to be known as aux
iliary of the Suite Agricultural Society, your
county Society must organize with a written con
stitution, and send the names of your officers
and members to this; your Sdciety will then be
entitled to send ten delegates lo two annual con
ventions to the State Agricultural Society, for
one fair on the railroads, and to a copy of tho
transactions of these conventions. It is contem
plated, and will doubtless be so determined by
the Executive, to liavo annually two conventions
of the Society, one in February and tho Other
at the annua) Fair. Those conventions will be
composed of members of the Society, who become
so by paying two dollars, and of delegates ap
pointed as above, In the last convention there
were ton delegates from each Society.
To become individual members you pay two
dollars annually. This entitles you to a card or
certific ate of membership, which certificate en
titles tho holder to exhibituttbe Annual Fair any
number of articles and animals without charge;
to go into and out of the grounds and buildings
at all times, without hindrance or expense; to
encamp on the grounds, and to attend and par
ticipate in the meetings held during the Fair.
The members of the Society first, and next
the members of County Agricultural Societies,
will bo entitled to the public documents and
other books, and seeds now iu the office for dis
tribution,
The immeiifM gathering of strangers here at
tin Fair, front 111 s<otions <>t tho Union, who
must depend upon tlie hotels of tho city and the
neighboring towns and cities for accommoda
tion, make it incumbent upon GeorgiAf, espe
cially upon the lavhiers and plantenlSp come
with tents uud camj\equipage and supplies, and
locate on the grounds. Fuel will be supplied at
cost. The advantages of this arrangement in
giving the planters superior facilities and oppor
tunities in inspecting every department of the
exhibition and for social intercourse and inter
change of views with thoso of Ink own occupa
tion, .will fully compensate him for ail iucon-
V'hieutr.
I send you copies of Premium List and hope
oi will return to ibis office 1 ho name of your
Society, with list of officers and members, and
that they will appear ou ihe ground at good
time, armed and equipped us tlie law directs.—
A premium oi* a ten dollar cup wili be awarded
tlie club which shall appear on the ground with
the best tout and equipage and supplies pro
duced at homo. The cup is to l>e awarded by
the county club to the most deeerviug exhibi
tor at the Annual County Fair.
I suggest to planters to come prepared to pur
chase agricultural implements. The exhibition
in thi& department promises to be without par
allel. Mr. Brinley, of the Kentucky plow, lias
given me nolioo that he will givo a set of his
plows u.s a premium to the exhibition of the
best bug of cotton. If you have that bag down
in Laurens you had as veil bring it along with
you. Very respectfully,
D. W. LEWIS, Seo’y.
Messrs. Jno M. Stubbs, and others, of Com
mittee of Laurens Co. Ag. Society.
Groceries.
WIMBISH & CO.,
MERCIIANTH and TRADERS,
(North Flint Corner Public Square.)
GROCERIES, HARDWARE, PROVISIONS,
HEAVY BOOTS AND SHOES,
BUGGY AND WAGON MATERIALS,
STOVES, kC., kC.
STEWART’S CRUSHED, POWDERED, A, B aud C SU
GARS, uud SUGAR HOUSE SYRUP aud MOLASSES,
CHOICE BIO, LAGUAYRA and JAVA COFFEES,
STOVES—(Warranted to give antinfactlon,)
GUNNY and BLANKETBAOGINOf (44 to 10 iu. to 2* Iba.,)
GREEN I EAF ROPE and ARROW TIES,
I AXI.68, HUI -t. RIMS and SPOKES, (buggy and wagon)
I
BUGGY TRIMMINGS, (every kind,)
GUNS, PISTOLS, CARTRIDGES and CAPS,
PLANTATION aud MECHANIC'S, TOOLS, (every kind,)
LOCKS, BUTTS and SCREWS, (great variety,)
BUGGY and WAGON HARNESS,
CALF SKINS, SOLE, UPPER and HARNESS LEATHER,
IRON and STEEL, (Sweden and Refined—all sizes,)
SUPERIOR CHEWING and SMOKING TOBACCO,
BACON, LARD and FLOUR, (suporior quality,)
COTTON YARNS, OSNABURGS, STRIPES A SHIRTINGS,
NO. 1 SHORE and BAY MACKEREL and WHITE FISH,
lr line, ou tlie most reason-
WIMBISH A CO.
Potutoea.
T HIRTY Barrels Early Goodrich and Neshanuoch Poto-
tofls, both very curly ami choice variotiea, juHt re
ceived by A WIMBISH k CO.
Kduci
»:il Xu
The LaGrauge High School, which we pub
lished in tlie t.’institution of June 30th, as being
the oldest educational institution in the city, is.
I regret to suv broken up. Prof. Leonidas
Jones, it is probable will return fo Grantville.
For three years previous to November 1867, he
had been Principal of the high school at that
place, and tin* Haltering Utter sent him by the
Trustees, is proof enough for the untiring ener
gy lie infused into the educational enterprises
of that city. Perhaps lie will unite with air.
Cotter, the efficient teacher now at GrautvilU.
The Academy building at Grantvillel under
stand, from private letters, ia superior to most
buildings of the same character iu our new
towns, furnishing soom f >v the accomodation of
c. hundred pupils. Mv. '..’otter, the present prin
cipal, has always had tho full co-operation of
bis patrons. The recent examinations reflected
credit upon the school. The examination under
Miss Cotter and Mrs. Mon laud were, though
necessarily short, for lack of t
^ Choice article, for sule by
Best Orlean
TU8T received by
Hone
0
F
WIMBISH k CO.
iSugar
WIMBISH k CO.
Seed !
f sale by
WIMBISH & CO.
THRESH i
1000
QNE CAR LOAD jiibt
Family Flour!
ul of superior quality, just received i
WIMBISH c.
Kxtri* Fine Cheese J
LBS. EXTRA FINE CHEESE, just ro
by WIMBISH &
rpool Shrill.
WIMBISH A CO.
A. H.
address, and Miss. Saliie Stafford the poem,
subject “Georgia.” Grantville will have a
splendid school with Prof. Jones among its
corps of teachers.
Col. A. P. Mooty, one of tho oldest residents
of La Grange, and who has taught there 16
years, as you published the other day goes to
the Female College, at West Point. This en
terprising place is soon to add to its monuments
of industry, sinco the war, a high school for
boys. The session of this college just over end
ed with 90 pupils. The Colonel has a lease on
the building for ten j’eai's, jle will be assisted
by Rev. S. P. Callaway, in the department of
Ancient Lnuguges and Natural Science; by
Miss Nannie Stephens, in tho Primary branches
and English clas ics, aud by D. C. Shutze, as
Professor of Music. Tho college exercises will
be renewed the 4th Monday in September.
Educational enterprise in Northern Georgia,
is rapidly awakening. The fall session of tlis
school promises to be overflowing, and every
thing betokens renewed activity.
EARNEST.
We would inform “Earnest” that the La
Grange High School is not “broken up.”—
While we regret the loss of Professors Mooty aud
Jones, who are excellent and efficient teachers,
we are confident their places will be tilled in the
persons of Messrs. Park and Dowdell.
The Local Press.—The Warrenton Clipper
copies some excellent remarks from the Chicago
Republican, on the subject of patronizing the
local paper. We endorse it heartily. ^ Every
man should take his local journal. We have
felt great interest in the country papers, and
our observation is, that the best of them are
those that are most enterprising in getting up
local news. There is no conflict between city
aud country papers, though they traverse the
same ground. They really help one another.—
Any mail that has the liberality to take a city
daily will take his local paper. And a man that
won't take the local will not patronize the city
journal. Our country papers are among our
most interesting exchanges. Our daily valuable
State news column, is made up entirely from
them, and is sought with eager avidity by our
readers. Some of our country contemporaries
would improve tlieir column* 1 greatly, and in
crease their circulation by paying more atten
tion to home affairs. The local column is the
first read always, and a great mistake is made
by those who neglect county Jaffairs for intelli
gence abroad. The latter should not be neg
lected, but tlie former should have the prefer
ence. Without home news, a citizen might as
well patronize n foreign journal.
Hence wo say to our people, patronize your
county journal; and to our country contempo
raries we say, incroare your home intelligence.
—Atlanta Constitution.
, perfectly sat- j freight added.
;iv'e gave the ! th»-m filled
Guano! Guano!! OmiitG!!!
▼ TT’Eare Agent* fur Ober'n (Kittlewoll's) MANIPULATED
r \ GUANt >s. certain and n liubl<- leatHi/a rR for cotton.
Will also furnish «..nuine PERUVIAN GUANO, BONE
1 LAND PLASTER, all ut Baltimore prices, with
;iur orders oarlv that you may
Will scud your orders to Ober
prefer. Can furnish you Land
here.
•r, iu strong r
t £22 ne
t the depot
‘WIMBISH A- CO.
\Y E ,"
declS
500
Tlullc Meat.
ill sell BULK MEATS, for CASH, at very abort
olits, or order them for u small commission.
WIMBISH x- CO.
BUSH. WHITE CORN, ou hand and to arrive,
MANURE YOUR TURNIPS-
A FEW TONS of OBER'S AA MANIPULATED GU.
J\_ ANO, for the turnip crop, just received and for sale
C. C. MABCHMAN. WILLIAM A. SEAY.
C. C. MARCHMAN & CO.,
GROCEKS AND COMMISSION MERCHANTS,
yWest Side Public Square,)
(Every grade,)
«.-«> «»-i»
(Groat varioty,)
BACONTt
[Clear Sides, Clear Ribbed Sides, Hams, and Shoulders,)
(Sides aud Shoulders,)
SlTCr J9L. » m m
(All grades,)
cowKSiB
(Rio aud Java Coffee; Greon and Bluck Tea,
liXQmJORSIs
(Tho boat ot all kinds,)
MOLASSES, SYRUP, RICE, CANDLES, &c
Gen*. Robert E. Lee’s Political Views.—Re
ferring to the report that Governor elect Walker,
of Virginia, had invited General Lee to attend
a conference on political matters, tho Lynch
burg Virginian says:
“ We can assure our contemporary that there
is no danger that General Leo will do a foolish
act. He is no politician, and lias no idea, we
believe, of embarking upon such a stormy and
uncertain sea. That lie is sincerely devoted to
tlie interests of Virginia, no man can doubt.—
That he desires reconstruction, and would advise
his people to put themselves into practical rela
tions with the federal, or, as it is now called, the
national government, we have every reason to
believe. But ho will not enter into any conclave
of politicians. The people wonld not desire it,
even if General Lee Were willing to compromise
his present position to gratify that wish. It is
proper to add, in this connection, that there is
no reason to believe that such a meeting as that
referred to was ever suggested— perhaps not
thought of—by Governor Walker.”
A certain man, who is very rich now, was vory
poor when he was a boy. When asked how he got
his l’ichos, ho said: “My father taught me never
to play till niy work was finished, and ne ver to
spend my money till I had earned it. If I had
but an hour’s work in the day I must do that the
first thing, and in an hour after this I was al
lowed to play; and then I could play with much
more pleasure thau if I had the thought of an
unfinished task before my wind. I early formed
tlie habit of doing everything in time, aud it soon
became easy to do so. It is to this I owe my
prosperity.” Lot every one who reads this do
likewise.
TO THE PUBLIC:
"JOEING determined
HATES OF ADVERTISING.
ApvrirrifiKMKSTA nt |1 per nquare ol 10 solid
this typo for one insertion. Subsequent Inssrlio
price. Double enlimin advertisement*, 3ft per rsnl
I Mu V» M'»n. :i Moh. •*•■*
Otis Square. fToo |T9o iflsjo
in i
13 I
21 i
.] 11 00| 20 00j 2ft 00
. 14 50, 23 00| 2H
. 1ft 001 2ft 80 HO
J 24 POl 40 50’ ftO
T Tear'.
$ 16 00
HI ftO
HI 00
41 CO
60 (10 70 00
('•A 00' 00 OU
'■ ft no Ur, on
Groceries, &c,
FROST, HALL & CO.
WANT TO liTTY
mbJLZ. r zra*
OLD BANK BILLS AND WORN OUT GREENBACKS.
BE
CI&RTA
fN TO READ THIS!
PO YOU WANT TO MAKE MONEY 7
THEN BRING US ALL r ril hd
DRIED ULA CK DEI IE 1ES,
DRIED CHERRIES,
DRIED APPLES,
dried Peaches,
And vre will pay you full market price iu
CASH OR GIlOCKIlllLS.
T—T T T
V
' r E KEEP CONSTANTLY ON HAND, a select stock
of
BACON,
CORN.,
SUGAR,
COFFEE,
SYRUPS,
FLOUR,
&o., &c.,
Which we offer CHE.YP FOR CA8UH.
r r
Wo want to buv $10,000 worth of old BANK BILLS
and WORN OUT GREENBACKS. We will pay you thoir
full worth.
FROST, HALL k <
An Irishman went to live in Scotland for a short
time, but didn’t like the country. “I was sick all
the time I was there,” said he, “and if I had
livod there till this time I’d been dead a year ago.
keep a good stock of groceries
11 them an cheap u« they can be Hold In tide
•enpectfully solicit a liberal share of pub-
d therefore invite buyers to give us a call
goods aud learn our prices.
C. C. MARCHMAN k CO.
J. W. B. EDWARDS,
AGENT,
COMMISSION MERCHANT,
CHOICE GROCERIES AND PLANTATION SUPPLIES
At Pullen k Cox'3 Old Stand,)
Lu Orange, Georgia.
FRESH GROCERIES.
hand and to arrive a splendid assortment of
ROCERIES which 1 promise to sell Cheap for
Cash. J- W. B. EDWAKDS.
SUG AR, COFFEE, MOLASSES, AC.
I F you want SUGAR. COFFEE, MOLASSES. SYRUP,
MACKEREL, RICE. FLOUR, kc., CHEAP, call on
J. W. B. EDWARDS.
MECHANICS’ TOOLS.
M ECHANICS! come and lmy Hatchets. Hammers, (all
kinds,) Files, (mill and hand saw,) Tire Iron, (buggy
and carriage,) and all kind* of TOOLS, cheaper than ll<e
I "IU «*•>“ »' w . B . EmvAJ!D3 .
HARDWARE, &C.
vroU can get Locks, (all kinds,) Butts. Whitewash
X Brushes, Sad Irons. Coffee Mills, Ovens, Lula,
(without oveufl,) Spring Balances, and almost anything
ni-eiled .bant the bon*, very to*. Jt ^ BDWABDg .
TOBACCOS, LIQUORS, CANDY, &C.
rrtonACCO, Clcnrs. Wine. Whisky, Drnndy, Candy, Ciui-
X dies. Shot. Lend. Potash, Croekery, Glassware, Tea,
,at coat,) aud ah such thing., to b. “^ WABD9 ,
“QUICK SALKS & SHORT PROFITS."
■VTEW GOODS received every week; and “ Quick Sales
fS and Short Profit" being my motto, call uud see me,
uud you will find 1 will do what 1 say.
3 J. W. B. EDWARDS.
CALL AND SETTLE.
4 LL persons having accounts with CHARLES HANDY
A. will please rail and settle immediately, as I have con-
trolot Ida hooka, and Atyti/y oblige^ ^ ^ EDWA11D0 .
HKMKMBKR!
)UT,LEN tt OOX'S OLD STAND,^op^sltottioBapU**
EVANS & RACLAND,
WHOLESALE AND RETAIL
GROCERS AND COMMISSION MERCHANTS,
(East Side Public Square,)
La Orange, Georgia.
T ARGE supply BAGGING aud ROPE just received by
1 EVANS & RAGLAND.
Largo supply fine assorted LIQUOR8 at
* 1 VVIVH A.- 1
EVANS k RAGLAND.
EVANS & RAGLAND.
I F you want heavy BOOTS and SHOES call
* vtrtva t. i
S 1
EVANS & RAGLAND.
EVANS k RAGLAND.
rjto finest Elo OOiTEE tor aale^ &
gDGAES, A. B and C, e.n’TTk.d at^ 4 KAOLAND
1^0 you smoks flno 0IGAR8? If *
piCKLES. SAUCES, OISTERS “VCKERSkeptby
D
RIED BEEF (finest quality) at
EVANS k RAGLAND.
JOHN N. COOPER,
COTTON WAREHOUSE,
GROCER AND COMMISSION MERCHANT,
(West Sido of the Puhllo Square,)*
La Grange, Georgia,
W ILL give his personal attention to tho 8XOBA<3E<
SELLING or SHIPPING of COITON entrusted to
W LIBERAL ADVANCES made on conoigninents to An*
gusta and New York.
C4-u.fm°! Guano!! Guano!!f
a mrvT for Wiloox, Gibbs k Co.’s Manipulated GUANO*
A JOHN N. COOPER.
g*nlt! Salt!!
* AM, also, agent for tho Virginia SALT Works.
O
Lime!
NE car load Alabama LIME ot
JOHN N. COOPER.
JOHN N. COOPER.
New Orlean* Syrup and Sugar*
XU8T BECKIVED. Alao, A tars* *“ d
J _nj OBOCEMEH, always on hand.^vldcU
LOW FOE CASH.