Newspaper Page Text
THE DAILY SUN
Qficm Loehnme'e Building, next
door to corner of Broad and
Alabama Street!.
.JULY 2G. A* V|W Knl Uolrtla of Llft-OW om ad-
era and Pathetic Bzcaaea—Hla lloaor
Prove. Hlmaelf a Baagh 'Pat.
Local Ma-Strokea.
Family Jan—Baby squalls.
The Eggs-tnordinary mao of the Era—
Loyd.
The coming man—Cbarloa O’Bummor-
Badiah Johnson.
What Charles O'Bommer-Badfah said
to his captor—"Kiek lighter! Dost thou
know me!”
The Weddy Human ia (or are) again
before ns Ono had to go mtte U get at
the Joint, then only to me it
gfThe Cold water Templar* are going to
hare a “flare-up.” Still they don't like
to hare cold water thrown on it
The 7Vtw Georgian has a column head
ed '‘Plooalilli." The hardest work we
erer done was trying to pick one,
A tope is stretched across Forsyth
Street at Peter*' corner. There are many
in town whose necks it would fit admir
ably.
A young lady remarked to ns the other
day that there are always two parties ton
1st* affair nnr who lores, and on* who
oouaent* to be treated.
A young man wants to know what bos-
inera he can go into that will enable him
to ooonpy a high position in society.—
Let him try the roofing business.
MAYOR'S COURT.
-aocoAT on nsnsnn.i.ss, at Nteck'a o»-
jras-tr
Bohnrt L. Crawley, formerly of this
eity, is stopping stthe Echols House, 80-
vwUi Circle; 6a. -
StS-MOOOSWDS MARSEILLE*. at Mock's Ota
<7 FSetosy. _ IfOt-U
Stake, A lfro.
Are “ran” Watermelon dealers of the
city. One car load this morning, cheap.
Go to Jayson’s Lire Anotion House
this morning, and see one of the finest
sets of Mahogany Furniture in the city,
to be sold at 8 o'clock. Go and see,
oren if you don’t want to bny. Yon will
also see some fine Pictures to be sold.
IsMocay After Trust.
A gentleman, whose name we suppress,
was yesterday arraigned before ,Jnstioe
Lyues oa a charge of larceny after trust.
It reams that ha sold some property be
longing to n Mr. MoDowell, and failed
to tarn over the “spondnlix." The suit
had the desired effect, and he paid up like
a man, without going into n trial Than
are many other* who might be brought
to time likewise.
N«w Buildings.
In nearly every seotion of the town we
J>eor the oohUnuod (flatter of the ham
mer; the saw and the trowel. Store-
KUK ware-houses, ohurohee and pri-
rate reside no*, are going up with arapidi
ty heretofore unknown in this rapidly
growing ofiy. Not only are we ploaaed to
note thia foot alone, bnt the buildings in
eoaWofJtaetion are of the better olaaa,
and are oaioulated to be aa ornamental ns
they Are useful As a general thing,
there is too mush of n tendency, in dif
ferent cities, to build business houses
Uk* gloomy prisons, and they impart
moat desolate appearanoo. We hopo our
buBden will oonlinue to bcatow some
earn on outward appearances a* well aa
instde finish.
Owr Visitors.
The city wee alive with strangers yes-
terday. The Kimball House was the
principal point of attraction; and we do
not think we hare erer icon the liouae
look gayer. Where all the people came
from we know not, bnt for several honra
the oapaoioua dining room wae filled to
overflowing—oxtra table* were brought
in—more chickens slaughtered, and sup
plies generally replenished. And we
venture to my, that notwithstanding the
extraordinary large number of visitors,
to hundreds, that they
l with the fare. We hope
the time will soon be at hand when all
our hotale will present the bnaineaa ap
pearance that wm obeerred at the Kim
hall House yesterday.
Tit* Pallet.
The following communication was eli
cited by an article which appeared in
Tan Sun of Monday morning :
Engoa Sun—In your paper of the
HftCljmi, yon have considerable to say in
C -regard to |hs-Folia* to the effect that
they are not property sustained in all in-
staaoas, in the discharge of their duly,
and. that they are liable to suits for dam
U ogdt, eta, whan Uiay are amply aoting
as the preservers of the pnblie peace.
Coinciding with your general views on
your correspondent holds
like otherpshfio
i servants of the people, eta
held accountable for trensoend
tag their poweas ea well as nsgUgenee of
duty.
White careful observation has taught
the writer that the Atlanta policemen are
.Sra*H**nd efficient, they are at the
'Mfo lima, anleas very oarafol and watoh
fa], table, like other man, to err. When
they db err, it is scarcely ever without
annoyanoe and expense to some oitiaen.
The writer knows or two instances
wham* oitiaeg WM figaried for breaking
city ntdinsneri Ho wae clearly vfndi-
sated and dieeharged <eM ooett, about five
dollar*. each time, ’in moat eMss the
oMear would have been reprimanded, bnt
horn he was upheld la going far in ex
am* of hia authority.
I atiraoto, belief the polios
Fp'Mif In fimpTgoverning
' our muairipal court.
In the swift current of events, many
things take place and are forgotton. Not
so, however, the brilliant receptions
given by bis Honor to all ages and olasses
every morning at the City HalL The
assembly is such an exemplification of
oqnal rights that wo believe it would be
acceptable to.the amaillr, usually dubbed
"the Faria Commune.” There are many
reaaons why it resembles that pyroteehnie
body. In the first place the “subject”
communes with his own spirit upon the
inequality of this world's goods. Tom
Jones has a house and Bill Smith has a
wife; but our “subject,” being neither
blessed with a boose nor tormonted with
a wife, from communing with the spirit
of his own bosom, takes to eommnning
with thn spirit of John Barlycorn,
or something elao equally delectable.—
Soon he finds himself, like Burke, com
muning with “black spirits and white,
bine spirits and gray,” and the dream is
always snro to end by a “star” of a spirit
ooming up and taking the “subject” off
to hold oommunion with his Honor.
Now, it is well known that his Honor is a
friendly man, and a large hearted man,
with a tongue not one whitj behind his
heart; bnt why he should persist in
giving seoh interminable lectures is a
mystery to the poor “subject.” Howev
er, as man propose* and God disposes:
so likewise the “subject" communes, and
his Honor commnnes In reply. “It is
not for a poor crather like me,” observed
a “snhjnct” the other day, “to dispute
the word of such s learned man os the
Mare; bnt, be jabers, I gets mighty tired
listening to his lingo.”
MIL EDWARD PINCKNEY
dries the ancients in that ho carries
water in a pitcher on his head; but he
lacks the ancient habit of hospitality,
thereby rendering himself obnoxious to
those who cannot draw water for them
selves. The day before yesterday a dusky
son of Africa asked him for a drink,
whereupon he "eussed out" the thirsty
nvalid, and tho affair onded iu a regular
His Honor dismissed tho case, aud
bid the erring Pinckney depart in peace.
HON. CHARLES o’BCKHEB-BADIAH JOHNSON,
the meek and dandified individual who
felt so muoh sympathy for the dissatisfied
married folks of Georgia, aud whoso
wonderful abilities won so much praise
during tbo lost session of our Stste me
nagerie, was accused ol being drunk,
and disorderly. The Hon. Cliarlos
O’Bummcr-Badtah said he was arroeted
for burglary, and did not want to be tried
for so small an offenoe as disorderly con
duct—as he had exeelted in the Legisla
ture, so he wishod to exoell in his now role.
A« we looked npon him we coold not re
sist a feeling of sympathy for a constitu
ency that had suoh aoreaturo foroed npon
them by ignorant negroes. HU oaso was
continued till to-morrow, when rich de
velopments may be expected.
W. B. PATTERSON,
the bosom friend of the Hon. Oharlcs
O’Bnmmer-Badish, Is ooal blaok, and
looked quite os well aa his friend. HU
ease U also oontinned till to-morrow.
JACOB RMHEL
was fined 810 and oosts, but did not pro-
sent himself.
PRANK COLLIER,
was s beautiful and prepossessing female,
but addioted to the use of spirits. She
felt that it was a sad thing to be alone,
and in her sorrow she went down to a
store and called the young man there pet
names. He did not seem to relish tho
oomplimenU she lavished upon him, and
appealed to HU Honor to euro her de
monstrative affection. filO.and costs was
the remedy applied.
CHARLES BUSSELL
U a chivalrous young man, and pridos
himself npon hU muscle. He bears n
striking rosemblanoo to the anoiont Ro
man gladiators. He don't like womon,
however, and especially talking womon.
He uies all tho hard words ho knows,
and challenges their hnabands to fight.—
His Honor read Charles a long lecture on
law and morals; ho recalled tho scenes o(
childhood, and adjured Charles to reform
the emu* of hU way. As HU Honor
prooeeded in hu sermon, hugo tears be
gan to triokle down Charles' noble face.
Johnson was visibly affected, and took
off hie new hat, in pity, wo suppose.—
HU Honor’s face became euffhsed, and as
he ordered * fine of 810 and costs, the
scene became too painful for endurance.
AN OULD IRISH CUNTLEMAN
bos acquired a little money sinoe he oame
to thu oity, invested it in honsee and lota,
and plays off “nobleman” to perfection.
He has recently been experiencing the
difficulties of collecting the rent, and a
couple of days since called on his good
friend, Mrs. Kennedy, and asked her to
•fork over.” She replied in the nega
tive, and a rich scone took plnco. They
both started in search of a polioeman,
and Mrs. Kennedy finding ono first, had
the “Ould Gintleman” put in Umbo, and
hU lari words were, “bad luok to the wo-
1" HU Honor sympathised with
Timothy, bat felt constrained to imposo
the usual 810 and oost
KiaS CRLXNA STUART,
has a beau, and her sUter has not. Miss
Celine U graceful and petite and pretty;
while bar sister U heavy and awkward
and ugly. Love, of course, had a Urge
corner in Mias Galina's gentle heart,
while nothing but stern reality moved
the feelings of her stolid sister. Mias
Galina pursue* the ooorre marked out by
Tenuis 0. Claflin, and that ooune U da-
(tfedly obnoxious to the lister. Nature*
Astitated like these are not expaotod to
more in harmony together, and when
Mira Galina's sweetheart celled on her,
tha kukri oI water which her airier di
rected at hU head was enough to arouse
the feebags of <m*ereii tarn averse to the
ait of polling hair than our sweet Galina.
She went for bar ririar, and wry eoom the
parlor was converted into a field of bah
Us. The bean made for the door and
saved himself, and a city guard ion made
for the females and saved them. As bis
Honor, in slow and measured terms, pro
noun oad the bitter 810 and costs, John
son threw bu now hat up to the oeiUng,
and as it come down, bottom to the floor,
he exclaimed, “Head, by Jove I the
Courts adjourned.”
TUB WRIT POINT RAILROAD STOCK.
HOLDRU'I HEETISU.
KeporU —A III file on the Sc*— Judge
King Defend* IIIin«rlf.
At about n o’clock yesterday tho an-
nual mooting of the stockholders of the
Atlanta and West Point Railroad was
held in the City Hall, Judge John P.
King, President, in the Chair, and Mr.
Ormo Secrotary.
On s call of tho Stockholders, it was
ascertained that ont of 12,000 shares,
0,102 shares wore represented.
Messrs. Berry, Moreland and Robinson
were appointed a committee to examine
tho proxies, and reported 1,104, making
in all 7,206 shares represented.
The President declared tho meeting
ready for bnainess. He then paoceeded
to reeA the report of the Superintendent,
from which it appears that the road U in
admirable working order, and that not
withstanding tho additions of tho past
year in roUing stock, still more U neccs
sary. Tho exponses approximated 888,
000.
The report of the Director* was then
read, from which it appoared that the
rood meets much competition from new
linos; nevertheless, tho loss by one is
generally made up by tho gain of anoth
The report of tho Financial Secretary
not being in readiness, was not read.
It was then moved thpt the mooting go
into election of officers for the ensuing
year, and Messrs. Robinson, Berry and
Moreland were appointed a Committee
on Elections.
Tho ballot resulted ns follows, there
being no opposition:
John P. King, President.
Messrs. Peters, Berry, Robinson, More
land, Lovelace and Phinizy, Directors.
Tbo general management ol the road
for tho coming year will remain un
changed.
A SPECK OF WAS.
Immediately after the election of Di
rectors a slight movement was heard in
the rear of the room, when Mr. Ferdiuand
Phinizy arose, and addressed the Chair.
He desired to enter his solemn protest
against the endorsement of the company,
given by Judge King, to the lease
ol the State Road. He bad the full
ost confidence in the ability of Judge
King; yot he could not approve of tho
endorsement of the loose, aud but spoke
the sentiments of a groat number ofStock
holders whon be protested against the
endorsement of tho lease.
Judge King arose and made a lengthy
reply. He said tho policy of leasing tha
Stato Road was a matter over which they
had no oontrol; but that the Legislature
had passed an act providing for its loose,
when he, aa well os every other railroad
man, felt an interoat in seeing tho rood
leesed to such partial aa would scoure
justioe to so many confliotiug interests,
and save the Btate. Under its old man
agement business heretofore passing ovor
the road was being destroyed, and in sell
preservation the other roads in the State
wore oompollod to do something to save
themselves. Tho Judge pitched into tho
rival company, and referred the
Stockholders to the correopondenoo of its
prominent members.
Mr. Thinizy mado a short reply, and
concluded by sonding up to the clerk a
copy of a protest, signed by himself,
Ben. Yancey, ^tnd sovornl others. Tho
protest declared that tho signers did not
reoognizc the right of tho Directors to
pledge the rood as security for any pur
obaso whatever, ond that thoy would not
rocoguizo any Infinities resulting from tho
endorsement. Thoy repudiated tho ao
tion of tho “so-oallod Legislature. ”
Tho protost was orderod to bo placed
on fllo.
On motion, tbo mooting adjonruod.
A NIOUK IN TEARS.
A New *acitlow—Something for Legll-
In tori to t'ntoh.
In framing laws for the regulation and
protection of tho interests of laborers, it
la difficult to foresee every phase under
which it may be called upon, and the
lawyer of long praottoe is prepared
to dispute Solomon's aphorism—“that
there is nothiugnew undorthe sun.” No
statute ou our code is subjeot to ao mueb
overhauling os that relating to laborers'
and mechanics' lei ns.
Some time since suit was instituted in
Justice Lynes’ Court by Sallio Bailey
against the notorious Anno Rohan. It
seems that Anne employed Sally to
“draw" her breasts for the sum of 826.—
The servioo was rendered, and the gentle
Anne refused to foot the bill. For this
Bailie instituted a suit under the mechan
ics' and laborer*' lein law.
Mr. Thadeua K. Oglesby represented
the plaintiff^ and Mr. Tignor tho de-
fenoe.
Yesterday evening the ease wss up for
trial, wheu Mr. Tignor took the position
thst the service rendered was not suoh as
to allow the plaintiff the benefit of the
lein law; and he farther contended that
the law was intended for those who per
formed manual labor. Thia brought Mr.
Oglesby to his feet, who asked in a ston
torian voice if thia was not labor, what
it An animated diseuasionn took
plane, on which both parties did full jus
tice to the grave subjeot before them,
amid the laughter of the seleot few there
■ambled.
Mr. Tignor moved that the oea* be dis
missed inasmuch aa the ooeuaation failed
to designate the date of the services ren
dered. His Honor sustained the motion
and dismimed the ease.
Hoard of Trade.
17c lake very great pleasure in lay
ing before our readers the following
call for a meeting of merchants and
business men, for the purpose of or
ganizing a Board of Trade. We hope
the movement is made in earnest,
and will not be suffered to fall
through. Wc are enconrnged, by the
large number of responsible names
affixed to tho call, to hope that a
Board of Trade will be organized up
on a substantial, permanent basis,
and that the mercantile interests of
Atlanta will derive much benefit
therefrom.
Atlanta, Gil, July 24,1871.
We, the undersigned merchants,
millers and business men of Atlanta,
believing it a subject of vital import
ance to the commercial prosperity of
our city to enter at once upon the or
ganization of a Chamlier of Com
merce and a Board of Trade, haring
in view an increase of marcantile and
business facilities in this city exhort
and enjoin all merchants and busi
ness men having the welfare of At
lanta at heart, to unite with us in a
meeting looking to the organization
of such a Board on next Saturday
evening, 29th instant, at eight and a
half o’clock, to be held at Skating
Uink Hall. The invitation is ex
tended to all resident merchants,
bankers, manufacturers or other busi
ness gcntlemcnt desirous of fostering
and enlarging the commercial influ
ence and growth of our city.
EBCairkOo
iston &
John M Born Jr
Wm II PI
W Power*
A C k B T Wyl>
Peck, DoSauUers k
Jordon, Howard 4c Har-
Wm M A H J Lowry
Wm M William*
Hoyt & Jones
G II Holliday
W L Wadsworih k Co
Meador k Bro
J J Toon
MCklF Kiser
Abbott k Bro
Cooper k Lano
llooro, Marsh k
John Harris
J W Kitnor Agt
Wright, bomicit k
McWilliams k Snow
Co
raison
f Hlghtoi
J L Winter
A Leyden
Jno H James
LB Davis
Wm A Lansdell
Law she k Haynes
J M k J 0 Alexander
T L Walls
Akers k Bro
W H Broshetou
John Kcely
Chapman k Kuckor
J H Oliver k Co
Cases to be decided In the Supreme Court,
In order, July Term, 1871.
1.
Bluo Ridge Circuit
6
2.
Wojtern “
!
8.
Southern “
1
4.
Albany “
1£
5.
Sonth-Western"
25
0.
I'ataula “
45
7.
Chattahoochee “
IS.
8.
Macon “
16
9.
Flint “
If
10.
Tallapoosa “
6
11.
Atlanta “
12.
Rome “
12
13.
Ohorokee “
14.
Northern ’•
5
15.
16.
Augusta "
Middle “
10
17.
Ocmulgoe “
18.
Eoatem “
6
19.
Brunswick "
Supreme Court op Georgia,
July 25, 1871.
Tho Oonrt delivered its opinions in
tho coses arguod lost week.
Upon motion of Col. O. Peeples, No.
6, Tallapoosa Circuit—M. M. Smith ct
«L vs. W. N. Magouriok et ol.—injunc
tion from Douglas, was set down for
hearing at the heel of tho South-western
Circuit.
No. X, South-western Circuit—A. B.
Raiford, Sheriff, vs. Seth K. Taylor—
Rule vs. Sheriff, from Sumter, was trans
ferred to the hoel of this Cirouit.
Argumont was beard in No. 2, South
western Circuit—Jacob M. Gay vs. G. W.
Mott — oom plaint from Schley. M.
M. H. Blandford, Hudson & Wall and
B. B. Hinton, tor plaintiffs in error;
Hawkins & Burko and Phil Cook for do-
fendantc.
No. 8 was argued. It is Emanuel Mur
ray vs. The State—arson—from Lee. Va-
sou & Davis, aud G. W. Warwick, by
Pope A Brown, for defendant in error;
P. B. Holies, by Lyon & Hawkins, for
the Stato.
No. 4. was colled. It is Jos. W. Wil
kinson, Ordinary, Ac., vs, Clement A
Cheatham, mandamus, from Lee. Lyon,
dcGraffonreid A Irwin and Goo. W. War
wick for plaintiff in error; C. B. Woot-
ten for defendant
Pending the reading of tho record in
this.case, the Court adjourned till 10
o’clock a. m. to-morrow.
INTERESTING) CASE IN NKXVNAN.
A Firm Arrciti Their Clerk Ibr Larceny,
and the Clerk on Tarn Arrests ths
Firm for Robbery.
We learn from a gentloman from New-
nan, that considerable excitement has
been created in that city during the post
day or two, by the arreet of a highly re
spectable young man, tho son of ono of
the most substantial citizens of Coweta,
by his employers, Messrs. Krnmor A
Weil, on a chargo of loreeny, tho amount
involvod being a thousand dollars or
more. It seems that Messrs. K. AW.,
aooording to their statement, havo for
some time been missing money, and sus
pec ted tho yonng man aforesaid, who
was their dork, of being the guilty one.
Acting npon that alleged suspicion, they
confronted the yonth alone in the store,
with pistols in hand and threatening*
dire, and actually compelled him virtually
to acknowledge the charge, and turn
ovor to them all the valuable papers in
his possession, including notes on sub
stantial men ol Coweta county. The
counsel for the yonth has had Messrs. K.
A W. arrested for robbery, and has ob
tained the serrioea of Gen. L. J. Gar-
troll, in both oases. Gan. G. want down
yesterday in oom pony with P. F. Smith,
Esq., of.Nawnan, to attend tha prelimi-
triaL
SUPREME COURT DECISIONS.
Reported fbr the U*Uy Nam.
Tallulah Fire Company hu purchased
Fox's furniture wagon, and intend here
after, to “paddle 'their own oanoe.”
Eighteen of tha boys; including ourself,
had • ride in it yeriorday.
Atlanta, July 26, 1871.
John Neal, etal.vs. George Patten, et el.
■Belief act 1870—from Mitchell
MoKAY. J.
Where a bill had been filed to marshal
the assets of an estate, and under an in
terlocutory decree of the Court the assets
had been reduced to money, and held in
the hands of a receiver, it was error in
the Court to dismiss from tho parties in
tho proceeding snch judgment creditors
as had judgments upon debts contracted
prior to Jane 1,1866, on the ground that
they had not filed the affidavit stating
that all taxes had been paid upon the
claim, as provided by tho act of October
18, 1870. Judgment reversed.
ULyon, deGraffenreid & Co., Vseon A
Davis for Plaintiff; Wright A Warren,
Seward A Hammond, John Rutherford,
for Defendant.
Moses P. Hollis vs. John Williams.—In
junction—from Calhoun.
WARNER, J.
When a bill was filed by the
plaintiff against tho defendant, alleg
ing that he purchased certain proper
ty, including a steam mill and turnpike,
of which tbo defendant represented
himself as tho owner, and having
a good title thereto, when, in fact he
did not have such title, but that there
was an encumbrance upon the steam
mill, and that he did not have a good
tiilo to the turnpike, whioh was one of
tho main inducements to plaintiff to
make tho purchaso, and that complain
ant had boen deprived thereof by a su
perior title, the plaintiff relying solely
upon the representations of the defend
ant npon the soundness of his title to
the steam mill and turnpike; and
the prayer of the bill is, that the defend
ant may La enjoined from the transfer
ring of the notes given for the purchase
of the property, and that the notes in
the hands of third persona, due the de
fendant, may not be collected, alleging
that the <U!->ndant is insolvent. The
Court granted the injunction. A motion
whs made to dissolve it on the filing of
defendant’s answer, on the ground
that there was no equity in com
plainant's bill, and if there was, it was
sworn off by the answer. There w'ere
various affidavits which were conflicting
to the equity of the bill. The Court
refused to dissolve the injunotion, and
tho defendant excepted.
Held, That the question of retaining
or dissolving an injunotion, rests in thu
sound discretion of tho Court, aud in
coses whore tha affidavits are conflicting,
and especially when fraud is charged,
this! Court will not control the discretion
of the oonrt below nntil the final hoarinf:
of the case; though this Court woulc
have been better if the injunction had
been confined to the notes given for the
property in the hands of the defendunt,
nit, inasmuch as tho court below has the
discretion to modify or continue the in-
, junction, in its discretion, we will not in
terfere with that discretion.
D. D. Morral and H. A. Hawkins, for
plaintiff in error. Lyon de Graffenreid
and Irwin,,Wooten and Hoyle, for de
fendant in error.
James B. Wallace vs. William H. White-
head—Belief Aot of 1870.
LOCHRANE, C. J.
Where tho Court below dismissed the
plaintiff’s action, under the provisions of
tho aot of 1870, for failure to file affida
vit required, that the parly had paid all
tho legal tuxes due and chargeable there-
i.
Held that this provision of the Act of
1870 is constitutional, and the Legisla
ture of the Btate had the power under the
Constitution to pass such laws os was
doomed essential to the pnblie welfare,
and Courts have no right to restrain by
construction, the power delegated by the
people in Convention, to the people’s
representatives.
Held, again, that tho duty to pay legal
taxes due and chargeable, is one of the
highest duties imposed by the Govern
ment upon citizens, and it is not an im
lairment of the obligation of contracts
or tho State to require the payment of
such taxes duo thereon, and to prescribe
tho mode by whieh suoh payment shall
be proved, before her Courts and pro
cesses shall be used to enforce claims
npon which taxes may be chorgeablo.
Held again: If the failure to pay legal
taxes, or making affidavit that they have
boen paid, after six months have been
granted by tho Legislature for that pur
pose, works a failure of remody bylaw
,o enforce contracts; such failnre of
remody is tho legitimate result of the
failure of the party to pay his legal taxes,
or to comply with the laws of tno Btate ;
and such failure of remedy so invoked
by the party himself, ia not an impair
mont of his obligation or contract.
Jadment affirmed.
McKAY, J., concurring in tho judg
ment of the Court.
Tho not of October, 1870, requiring all
legal taxes then duo to be paid before
any judgment or verdict to recover the
same shall be had, and requiring the dis
missal upon failure to file an affidavit
that such legal taxes havo been paid, im
poses no duty npon tho plaintiff incon
sistent with that clause of the Constitu
tion of the United States, prohibiting
any Stato from passing laws violating
the obligation of controots.
The aot of October, 1870, oDly requires
the performance of a legal duty imposed
by tne laws of this State at the date of
the contract, which legal duty, beiug the
payment of taxes, may be performed un
der seotion 86C of the Code; and it is
clearly within the power of the Legisla
ture to imposo upon suitors the perform
ance of a duty for the collection of a
debt upon whioh the duty arises. Such
penalty is not for the post delinquency,
but for the refusal to perform a prosect
and continuing duty.
WARNER J., Dissenting.
This was an action brought by the
plaintiff against the defendant on a pro
missory note dated 28th March, 1864, on
whioh there is due four thousand and
odd dollara, besides interest When tho
cose was culled on thedoeket in the Court
below, defendant's counsel made a mo
tion to dismiss it on the ground that the
plaintiff had not filed on affidavit,
that all legal taxes chargable by
law had been duly paid upon the debt in
accordance with the provisions of the
act of tho General Assembly of the 13th
October, 1870, denying the plaintiffs the
aid of the Coarts to oollect their debts
contracted before the 1st of June, 1865,
nntil the taxes thereon had been paid.
The Court sustained the motion and
dismissed tho case, and the plaintiff ex
cepted.
My opinions in regard to this olaaa of
Legislative enactments have been repeat
edly expressed, and this act is quite as
obnoxious to the fundamental law of the
land as my of the others.) It impose*
conditions on the legal rights ol the
plaintiff whioh did not exist At ths
time the oontraot was made—it ia ex pori
facto in its character in aa much aa it
assumes that on* olaaa of the citiawna of
the State are guilty of a criminal offenoe
and it prevents them from the enforce
ment of the legal rights in the Courts—
invades the legal rights of the plaintiff
under (the contract at tho time it was
made—and impairs the obligation there
of, within the true intendment and
meaning of the provision contained in
the 10th Section 1st Article of the Con
stitution of the United States, and is
therefore void.
Control Railroad and Banking Company
vs. Mayor and Oonncil of the oity of
^Macon, et aL, and Mayor and Council
of the city of Macon, et aL, vs. Central
Railroad and Banking Company—In
junction from Ribb.
WARNER, J.
R Held, That tho State of Georgia and
e oity of Macon, on the statement of
the facte disclosed by the record, were
not proper parties to complainant's bill
of complaint.
Held, also, That the Macon A Western
Railroad Company had legal power and
authority, under the provisions of its
charter, to lease that road to the Central
Railroad and Banking Company of Geor
gia; and that the latter company had the
legal power and authority, nndcr the pro
visions of the act of 1852, to accept said
lease as specified in the contract set forth
in the reoord.
Held, further, That tho Court below
erred in granting the injunotion prayed
for in complainant’s bill.
Judgment reversed.
Lochrane, O. J. concurred in the opin
ion of the Oonrt.
McKay, J., dissenting,
Held, That nndor tho act of 1852, and
under the charter of the Macon A West
ern Railroad, the Directors of the Cen
tral Railroad A Banking Co might, with
the assent of the majority of the stock
holders, have the rood of the said Macon
A Western Railroad Company for the
term of the existenoe of its charter; bnt
a lease of said road, having for tho consid
oration covenants that on certain events
tho Macon road shall ceoso to exist, is i!
legal, unless assented to by all the share
holders.
Held, That a railroad oompany
whioh the loosed road is an important
feeder,(has such a pecuniary interest in
the result ss to make it’and the stock
holders proper parties to the bill, charg
ing that the lease is illegal, and praying
that it may be enjoined.
Jackson, Lawton A Barringer, Lyon,
deGroffeDreid and Trrin, and B. H. Hill
for Central Railro'^d; Whittle A Gas tin,
A. O. Baoon, Nisbett A Jackson, C. An
drews, W. Phillips and B. B. Hinton for
the city of Maoon.
Financial and Commercial,
Sun Office, Jaly 25, 1871.
BOARD OF TRADE.
We are glad to obsdTvo that a call
issued this morning, signed by a large
number ol oar most respectable mer
chants, for a meeting to bo bold for the
purpose of organizing a Board of Trade.
We hope every merchant in Atlanta will
give sanction to this movement. It is one
that closely affects the commercial inter
ests of the eity, and we hope to see the
efforts meet with perfect success.
Efforts of this kind have been made
before, bnt only with partial success.—
Even now, we believe there is an organi
zation of this kind, bnt its existenoe is
merely nominal. There is bnt one way
of making the thing a suocess, and that
is for the merchants to go in as one man,
resolved to oonform their business strict
ly to the rules of the Society. If any be
comes dissatisfied or ohafes in the har
ness, let his grievances be submitted to
the Board and by it adjusted.
STATE OF THE MARKET.
The peculiarity of the market to-day
was dullness. It was manifested in every
department of business and every article
in each department. In our rounds we
discovered that merchants bad plenty of
time to talk abont the state of the mar
kets, and the prospects of trade, and
oven tho clerks had time to exchange
pleasant word with thoso who loafed in
for a few moments,
FLOUR AND GRAIN MARKET,
Flour.—The report, circulated on
Monday, relating to a rise in the West
ern flower market, seems, to havo not
been correct. On the contrary, dispatch-
oa reoeived to-day from St. Louis and
Cincinnati, report a slight decline in
both markets. Wo havo no change to
note here however, os the figures ol yes
terday rule to-day. The stock of flower
is small, bnt eqnal to the demand.
Wheat—No Southern wheat is offered.
A few samples were shown in the market
but were found to be not merchantable,
and were withdrawn. Arrivals from the
West are beginning to beeonsidorable.—
The mills are well stocked, and we find
some lots in store. We quote whoat at
81.65, by tbo car-load, at the depot
Small lots bring a little higher figures.
Corn—There was a little easing np in
corn to-day, and possibly on actual de
cline in prices. Wo hoar of no shipments
that were billed at a higher figure than
81.00, though some small lots were sold
two or three oeuts higher.
Oats—No change from yesterday's re
porta Transactions small.
£i)t Ctlg Dnbgct.
8®- R. M. ROSE A CO., Wholesaln
Liquor Dealers, Atlanta, Oa. Buis' Bitter, and
Bchiupp*. Also, Sh&fcr’ff Ginger aud Cherry Ur a -
die* at lowest figure*.
JuuelO taugl K. M. BOSE & OO
19" BUSS’St. DOMINGO BITTERS
1* k moat valuable stomachic and tonic, and la aa
well knows, or better known than any other Bitters,
and better established. Foe pale by
JanelS-taugl B. M. BOSE k OO., Breed stmt
Mr AROMATIC SCHNAPPS—The
Aromatic Schnapps, uianufacturad In Holland for
John A. Rusa, hare no superior In the market. The,
are kuown aud used all ovor the civilized vorld.and
"None know them but to love them.
None name them but to pralae."
For sale by R. M. ROSE * OO.,
June Id taugl Broad tract
PROVISION MARKET.
We find no notable change in the meat
market. The demand continnes very
light, with full stocks on hand. Yester
day’s prices still rule.
GROCERIES.
Wo have no changes to report in any
thing in the grocery lino. Taero is a
good deal of apathy in the market, with
no demand other than to meet the ordi
nary ran of business. Oar last quota
tions still prevail
The Street Railroad.
This enterprise is rapidly approaching
completion. A large nnmbcr of hands
are employed, and the rente from Jamea'
Bank to Peters street railroad crossing
will be completed by the end of the pres
ent week. We are glad to note the pro-
gras of snoh works, as they prove that
onr noble city is still moving forward in
the path of progress, and will soon be
seoond to none in her facilities as well
her enterprise. This road cannot but
make a new epoch in the internal im.
provementoftha oity, and will, no doubt,
largely enhance the value of real estate
along its rente to West End. The
ooachea are daily expooted.
The people of Newnan have snbearib-
ed over 800,000 stock toward procuring a
National Bank in their town. They find
mnoh diffien'ty in proooring small ehange,
h**oa the neoeerity. We understand
that it will begin operation daring the
coming month.
9at>annal)-0l)ipping Cine*.
MURRAY'S LINE—NEW
\ ORK dr SAVANNAH.
EVERY TUESDAY from each port.
INSURANCE BY STEAMERS OF THIg LINE, ONE
HALF PER CENT.
CABIN PASSAGE
DECK, with subsistemee
.110
. .The flrat ole** Rtetmahipel
DJEAUBOBM, Commander.
VIRGO, BULKLKY, Commander,
Compose this line, and one of these steamship*
leaves each port KVE11Y TUESDAY.
Through bills of lading given by theae steamships
by all railroad connections, and also through bill*
lading glveu in Savannah on Cotton destined for
Liverpool and Hamburg by first class steamships. ~
For freight orpassage, apply to
HUNTEB k GAMMELL, 84 Bay street
PHILADELPHIA AND SAVANNAH HAIL STEAM
SHIP COMPANY.
puiljinn, ftiiji jurn &f-
r.i.r.niH,
EVERY SATURDAY from each port.
INSURANCE ON COTTON BY STEAMERS ON THIS
LINE ONE HALF PEE CENT.
0AB1H PASSAGE
DECK, with subsistence u>
This line is composed of the first class steamships
IVYOMIlfG TEAL, Commander.
TONAWANDA BAlOUfTT, Commander
One of these steamships leave each port EVEBY
SATURDAY. Through bills lading nirnished by
these steamships by all railroad connections. For
freight or passage, apply to
liUNTEB 4 GAMMELL,
84 Bay street.
For Boston.
THE BOSTt'N AND SAVANNAH STEAMSHIP LINE
The steamship*
Oriental, Capt F. M. Swam.
‘ kiburff, Capt, 8. H. Matthews.
N FAKE $30 00
DECK 10 oo
Through bills of ladlnfi given by railroad agents to-
Boston, and in Boston by Steamship agents to pnn«
cipal points in Georgia. A luma and Florida.
Through bills of lading given to Providence.
Fall River, Portland, Lowell, Lawrente, Ac.
Passage tickete sold at railroad depot, and state,
rooms secured in advance by writing agents in Ba~
vannah. RICHARDSON A BARNARD,
Agents, 8aVanuatu
F. NICKKR80N A CO..
novft-tf * Agents, Boston.
For New Y or It.
THE GREAT SOUTHERN 8TEAM8XIP COMPANY.
EVERY THURSDAY.
Insurance by this Line can be effected under our
open policy at one-half per cen^
CABIN PASSAGE $30 00
The first class steamers
Herman Livingstone Choose man, Oom.
Gen. Barnes, F. O. Mallory, Com.
Will tail as follows:
H. LIVINGSTON June 1st, at 8, v.u.
" “ 15, 4:80, r. u.
“ " 29 4, r, u.
GEN. BARNES Juno 8th, at 8, p. u,
•« »• 23d, at 1, p. x.
Bills of lading given hereon cotton and wheat thro,
to Liverpool and Hamburg via New York by first
class steamers. For passage or freight, apply to
WILDER A FULLARTON,
nov 9-tf No. 8 Stoddard’s Upper Ranges
For Baltimore.
OABIN PASSAGE $30
49* The Baltimore and Savannah Stoamship Co’s.
Steamers sail from Savannah during December as
follows:
Saragossa Thursday .February 2d
America, Thursday,
Saragoeea, Thursday,
America, Thursday,
16th
. .Thu;
nov«-tf
SAVE YOUR FRUIT!
SAFEST, CHEAPEST AND BEST
FRUIT JARS
In the market. •
MoBHIDH cbOO.,
M ANUFACTURERS’AGENTS FOB
FRUIT JABS and JELLY TUMBLERS.
lanusberc's
UMBEB YARD,
OPPOSITE GEORGIA RAILROAD DEPOT.
ATLA NTA.GA,
awed nii lt.,1 cm and
Zaatha, Whlto Pino
S«*b, wlnriow db
Till vicira
All Hinds ol Ureaeed emd
Framing Lumbar.
fcbll-lr X. LANDSDZBO * OO., Frartetora,
Change o£ Schedule.
OFFICE MASTER OF TRANSPORTATION,)
Maco* 4 Wmtkw Railroad, [
Macon, July 12, 1871.)
DAY PASSENGERTBAIV.
Leavea Atlanta 7:65 A M
Leaves Maoon 7 . 66 A M
Arrive* at Atlanta 2:10 P M
Ar«lv» a at Maoon 1:40 P M
„ WIC^HT PASSENGER TRAIN.
Leave* A^anta l:Wl>U
Macon 6:06 P M
at Atlanta 10:26 PM
Arrive* * Maoon p M
49* 111* above echodnl* goee into affect Sunday,
July 16, 1871.
lulyU-G H. W. BRONSON, M. J.