Newspaper Page Text
i
THE DAILY HUN.
Wednesday Morninu Acockt 9.
JR#* New Advertisements alirayt found
on First Page; Local and Basinets Notice*
on Fourth Page,
CITY AFFAIRS.
Judge Butts has bound over a negro
woman lor perjury.
MAYOit'B COURT.
The attendance was'light, and the pris
oners law.
Aleck Moody was pnt in for #10 and
ooata.
John Winby was discharged.
A riotous negro, named Williamson,
was yesterday arrested near the Barracks.
He resisted to such an extentlhat the use
ot the club was necessary. He was tied
hand and loot, and when ho got to the
calaboose he was a fiendish looking sight
UforgU Wnltn Railroad.
Let no one fail to road the very able
communication on oar third page
this morning. It is from the pen of one
of our ablest and best men,who thorough
ly understands the whole subject about
which he writes.
To Printer*.
Twolro newspaper chases, suitable for
papers from 22x83 to 24x36, will be sold
cheap. Address
J. Henlv Burra,
if. Business Manager Bun.
TUB 1TISTRICT COURT.
st’p::KM<? eouriT obcisicbs.
Good Templar.' notice.
Georgia Lodge No, 182, L O. of G. T.,
will meet this (Wednesday) evening ot
Good Templars Hall, Whitehall street,
at 8 o'clock.
J. G. Thrower, W. 0. T.
W. H. Frizzell, W. 8. *
SUPREME COURT OP UKORUIA.
1. Blue Ridge Circuit
6
2. Wo3tcm “
A Bonthrrn "
s
4. Albany “
5. South-Western"
.20
6. Pataaln "
42
7. Chattahoochee “
8. Macon "
9. Flint “
10. TaUopoowi “
0
11. Atlanta
33
12. Borne “
12
13. Ohcrokoc “
14. Northern •*
0
Hi. Miiidle "
17. Ocmulgeo "
5
18. Eastern “
19. Brunswick "
0
Hupreme Court or OnonorA, |
August 8, 1871. j
After the delivery of opinions, argu
ment of No. 4, l'alaula Circuit—James
W. Bond vs. Henry L. araves, Ex’r.—
Complaint from ltandolph—'Was resumed
and concluded.
By consent argument was uext heard
in No. 16—Bryant Collins va Bright
Miller—Belief Aot 1870, from Stewart.
E. G. Belted, E. H. Worrell, for plain
tiff in error.
J. L Wimberly, M. Gillie, n. Fodder,
for defendant.
By oonsont, No. 36 was next taken up.
It is the Ordinary for use of E. H. Wor
rell vs Charles Adams, ot ot.—Belief act
of 18*0, from Stewart.
B. B Worrell, E. G. Baifun], E. H.
Worrell, for plaintiff in error.
Beall A Tucker, M. Qillis, II. Fielder,
for defendant*.
Pending the argument of this case, the
Court adjourned till 10 o'clock to-morrow.
Stale Africaners! go. I, I}-.
This Society is well organized, and is
doing efficient service in the oauso of the
most important of all occupations. Gen.
Colquitt, ,tho President, is active, zealous
and unremitting in his labors, ne is
honored by our people, and worthily
wean his honors.
OoL D. W. Lewis lias long held the
highly important and responsible office
of Secretary. Ho understands all its
routino, and evory lady knows him.
His two assistants in the offioo— Mr.
O. W. Hinkle and Capt. Malcolm John
son—are both uctivo and zealous Mr.
Hiukla has been moro than a year in the
office, and has demonstrated a peculiar
fitness for the position he occupies.—
Capt Johnson has been bat roocntly ap
pointed. He has not yet had the oppor
tunity to demonstrate his ability and fit-
nem, but we know there will soon bo ex
hibited in a marked manner by him. He
is n young man of first-olass and rare
qualifications, whose great merits will be
seen by all who come in contact with him.
UliterY *f Ik. War b«(w,r. u.naaay
HHti France.
Br James I). McC.ue, author of
“Pane by Gas Light,” published by Na
tional Publication Company—told only by
aubterifftiom—Solo agent fur Atlanta, Prof.
J. H. C. Shumate—cloth #3.50; Library
Editions #4.50.
Professor Bhnmato has laid the above
work upon our table, and on a careful
perusal, we find that the author of “Paria
by Gm Light" fully sustains his reputa
tion. Just at this time while the eveuta
chronicled are freeh in the memory, this
work is highly welcome In it wc have
pen picture* of those whose suocess has
won for them undying laurels, as well as
of times whose defeat and misfortunes
ahum end receive our respeot Kaiser
William, Count Bismark, the Boyal
Princes and the iron-hearted Holtke on
the one side ; and the wily sphynx of
the TuiUcrios, the faithful Eugenio, thci
brave MacMahuu and their followers on
the otber. The writer takes us through
the din of battle, through the dark sconce
of war, through the bloody streets of the
very Peris ho so lately deacribod in glow-
ing colors with i fidelity tliut uiprenci
us almost as much aa the reality.
Professor Shumate is the eole agent in
thia city tor this work, which is sold only
by aubsetiption. He will call upon our
citizens, when they will liave an oppor
tunity ol examining the work for “inn
*b* Pmtessria' aloe agent fer
works, amour which ia a
beautiful edition of the Bible.
The Ml«rfltn*tlonUl# on Trlnl—Alii
Ar|.mi nt .rHr, l,„ In-.Thi Ku-Hl.i bicub At kef
HID Threat* vied. w Amn “ * VL
The District Court yesterday woe the
centre of much excitement, and a* usual
on such occasions, the negroes woro out
in full force. It was generally under
stood that the misccgcnationists were to
he placed on trial.
At tho usual time the Court epenod,
Judge Lawrence in the chair.
The State va. H. Buddell, gaming, was
orgned.
The State vs. Wm. Beatte, was then
taken np.
The State vs. Green Martin, larceny
from tho lioasc, was tried.
Tho jury returned a verdict of guilty in
each of the above cases.
The excitement rose to fever heat when
WM. HORDES,
a miserably debased and brutal looking
white man, who claimed to bo married to
a negro wenoh. Hobbes is an old man,
over 60, with gray hair; wliilo tho weuoli
who sat by him was black as the ace of
spades. He looked the embodiment of
all the ntter and helpless dopmvity which
it is possible to instil into a human being,
while tho wench looked really ashamed
of her companion. It was stated by ns
some time since a collection was taken
np ih one of tho negro chnrches to pro
cure counsel for these persons.
The Btato wni represented ably by
CaptW. G. Irwia, District.Attorney.—
Tho prisoner was defended by B. H. end
A. M. Thrasher, and T. K. Oglesby, who,
it is stated, have underdaken tho defence
of all the miseegenationists.
Tho defence moved for a transfer of the
ease to the United Staton District Court
They claimed that under the 15th Amend-
mendment to the Constitution of tho
United Slates all porsons are equal in tho
eye of tho law; that they have an equal
right to marry whom they please, and do
what they please. They claimed that
Wm. Hobbes, white, and Martha John
son, colored, were legally married, nnd
wero guilty of no offence. They relied
on* tho Civil Bights Bill, tho Kn-Klux
Bill, and other Congressional machinery,
os maintaining their position, nnd asked
this Court to forego action, and refer the
matter te> the United States District
Court.
Capt W. G. Irwin, District Attorney, |
in a very forcible muuncr, resisted the
motion. He clnimod that all such quos
tions as mnniago and contracts were ex
clusively within tho purview of State law
that the Court was well able to attend to
its own business, and should do its duty
without regard to other bodies,
The Judge decided to go on with the
case.
After being gono into nud concluded,
the jury brought in n verdict of guilty,
wini/s Harris, mono, and mart hilvly,
WlliTE,
were then called up, on a charge of forni
cation. The ThruBhsrs nnd Oglesby de
fended them also. Mc.ry Silvcy is a poor,
degraJed looking woman, whoso igno
rance is Jior only excuse. Tho parties
claim to lrnvo boen married in Tenuessoe.
The point *n admit ted by the Btato.
Capt. W. G. Irwiu produced a great
array of authorities conclusive of the
orimiuality of tho parties, even if mar
ried in another State. Ju controverting
the application of tho law of comity to
this ease ho elaimed that where an net,
performed and looked upon as valid in
another State, and whioh was opposed to
the interests, Jtoliey or Constitution (f Ibis
State, it was not to be rcoognizod by this
State at all. Suction 2696 of the Code
of Oorgia says;
Sometimes persons are capnblo to
contract by the mw of the place of the con
tract, btU incaimblc, under the hue of this
Stale. In such ease, generally, tho law of
the plnco of contract is enforced, unless
tho circumstances show an attempt to
evade tho law of this State, or tho con
tract iB of such u character i>s contravenes
the POLICY y oar hoe."
It is impossible for law to be moro plain-
lyaduptid to aeosetbuu this. No intelli
gent lawyer will deny that if tho law of
Tenuessoe regards as valid mixed marria
ges, to recognize Unit law would not only
bo to “roalrovtcv” tho policy, but the
very Constitution of this State, which,
in paragraph 9, section 1, article 6 (sec
tion 4988 Irwin’s Code) soys:
" Tho in icciage relation between white
persons and persons of African descent,
isforrrer prohibited, and such marriage
shall be mill ami rout," *
Among tbe preliminary provisions of
tho Code ot Georgia is a paragraph which
plainly declares tho extent to whioh Geor
gia adheres to the comity of States, and
roads as follows:
"flection 9—The laws of other Stoles and
foreign nations shall have no force and
effect ot Uismselres within this State frr-
ther than is pro\ ided by the Constitution
of the United States and is recognised by
the comity of Btates. The courts shall
cnforco this comity, until restrained by
the General Assembly, so long its its en
forcemeat it nut contrary to the J el icy ot
prejudicial to tU interests <f this S ale."
And, again, in Section 1707 of Irwiu’s
Code wo rcud:
“Tho marring* retiitiou between white
persons and persons of African descent is
forteer prohibited, and such marriages
shall be null and root. ”
Capt. Irwin read many other authori
ties, nud made an earnest, manly and pa
triotic appeal lor the preservation of pub-
tie morality by tho enforcement ot the
law and, tho prevention ot such mar
riages as tend to bring disgrace nponso-
oiety anil humanity.
Barton Thrasher replied, and repeated
his ideas about United States Courts,
noting Dick Busked’s decisions, etc.
p Tho Judge reserved his decision until
to-day.
These eases arc creating a great deal of
oxdtomcnt among the legal fraternity.
We have heard, w hether the report be
true or false, wc do uot say, that tlio de
fence of these eases had been refused by
four legal firms at least, Society and
sound morality demands that this dis
gusting crime shall be punished with the
utmost seventir of the law. The crime is
such aa to make the heart tum lick, aud
we hope that District Attorney Irwiu will
oootinue to discharge hia duty until the
evil ia torn up, root, branches nnd alL
August 8, 1871.
G. W. Molt.
lochbane, c. j.
When in an action against a surety t
a promissory note, the surety pleaded
that he signed the same after it had been
executed and delivered by the principals
and accepted by the holder, and them
was no consideration to him for eueli
promise,
Hold, Tlmt tho Court below committed
no error ia sustaining a dcmuirer to such
plea, as it was insufficient in law to bar a
recovery against him without his further
alleging that there was no consideration
moving from tho holder to tho original
promiaors for such contract of suretyship.
Judgment affirmed.
John Harrell vs James Picket, et a).
W. A. Hawkins for plaintiff.
T. If. Pickett for defendant.
LOCHBANE, C. J.
Tho proper mode ot bringing before
tbe Superior Courts of this State, tho
judgment of an Ordinary rendered in the
discharge of tlio duties devolved upon
him in relation to oounty mutters, pre
viously investigated in the Inferior
Courts, and any matters not touching the
probate of wills, granting letters of ad
ministration or guardianship and other
wise not specially provided by law, is by
certiorari and not by appeal.
Judgment affirmed.
S.'S. Boon vs. James D. Collins ct ul.
Hawkins A Burke, and B. C. EJam, for
plaiutiff.
C. T. Goode, for defendant.
LOCHBANE, C. J.
Where tho facts set up by the com
plainant do not show fraud in tho origi
nal purchase, Courts of Equity wi'! not
interfere to protect vondors from losses,
but only in cuk s where fraud, unmixed
with ucjjligenco on tho pert of tho por
sons giving credit, will eqr-ty interpose
its power I a aid tlio vendor in tho asser
tion of his legal rights to provent the
consummation of fraud.
Judgment affirmed.
G. M. Stokes vs. Howell T. Hollis.
Woet A Kimbrough, nnd W. A. naw-
kins, for plaintiff.
Fort A Hollis, for defendant.
LOCHBANE, C. J.
Whr e uu iustrr uent was executed by
a party iu tho form of a bill of sale, nnd
tho languago used showed the intent of
the parlies to bo the execution of a mort
gage ; held, tliut in ns much as this in-
strument was only a security for tho loan
of money to be made by advances toward
the cultivation of growing crops, that it
pnssos no title to the mortgaged property
nor light to tho possession thereof, so ns
to autliorizo him to bring nn action of
trover for the recovery of cotton grown
upon tho place.
Judgment affirmed.
Bobert Barker vs. Bufus King, ot al.
Hawkins St Burke, for plaintiff.
Hawkins St Guerry, for dofeudanta.
LOCURANE, C. J.
Where a bill was filed to enjoin a judg
ment nt law nnd praying for a now trial,
and it appeared by tho answer that nn
affidavit of illegality had been previously
filed, and that the questions involvod ia
this bill wero or might liavo been em
braced therein ; held, that.thero was (no
error in the Court iu refusing the injunc
tion.
Hold lnrdiur, tliut tho verdict of the
jury tlmt the defendant was in possession
of the land levied on at tho commence
ment of this unit, and that the notes, tlio
foundation of the suit, were given for the
laud, rendered ou tho trial of tho affida
vit, was an adjudication of tlio rights aud
equities of, tho parties under tho relief
act ol 1808.
Judgment affirmed.
Mary C. Stewart vs. Ben. Stewart, Ex-
oxutor.
O. T. Goode, for plaintiff.
W. A. Hawkins, for defendant.
LOCHBANE, C. J.
Wlicro n married women separates from
her husband nnd institutes suit for per
manent rlsmony, nnd tho husband in re
ply sets np by way ol cross-bill n prayer
for tbe reformation of nn ante-nuptial
settlement set up by her in her bill nnd
by consent of parties, tbo Court reforms
the instrument nnd decrees permanent
alimony to tho wife, with counsel fees.
Held, That the wife, in view of her sepa
ration and the institution of such suit,
was *»i juris and had the fight to insti
tute suit for permanent alimony, and
that the decree of poimanent alimony
wrs a bar to her right of dower in the
future iu tlio estate of tho husband at bis
death, under section 1742 of the Code,
and tlio decree of permanent alimony was
binding upon all parties until it was set
aside.
Judgment affirmed.
J. L. Lari in ore, ot al, vs. John Minisli.
Hawkins A Burke, for plaintiffs.
Lyon A Irwin, for defendants.
LOCHBANE, 0. J.
Whcro the plaiutiff in an action of
ejectment put in o\ idencc aud proved pa
per title from tho State to himself, am
the defendant relied upon a statutory
title under claim of right, aud there was
a fa Uure of o\ idouco us to tho time of tho
adverse poi session aud tho defendant was
a witness under tho act of ISCfi; hold, that
the question of his credibility was a ques
tion exclusively for the jury.
Where the facts of a case show that
substantial jnslice has been done, though
the charge of the Court may havo con
tair.ed some error, this Court wi’’ not in
terfere to set aside the verdict.
Judgment affirmed.
M. M. Smith, ct ul. vs. W. N. Magourie,
et al.
Peoples A Howell, for pluiutiffs.
H. Buchanan, aud G. N. I,ester, for
defenants.
LOCHBANE, 0. J.
Where under an act of the Legislature,
a new county was organized, and tho
voters were required to fix the county
site by ballot; and iu casting their ballots
various iffacee were designated, which
the oommissiouers appointed by the Leg
islature and the Ordiiniy elect, from
their contiguity to each other, held to be
one and the same place, aud consolidated
tho various votes, which by adding to
gether gave a majority over the "centre
of the county,” which was also voted for,
iuid such commissioners proceeded under
the act to lay out town tots and offer
them for Bale, and other parties dissatis
fied with their judgment brought a bill
of injunction to enjoin such commission
ers, aud tho Court below granted it, and
upon the hearing various affidavits were
road, and several witnesses testified that
those places were not the same, and a
‘much larger number testified that they
were : Held, that under tho facts of this
ease, the Court of Equity had jurisdic
tion, at the instance of the citizens of the
county, to oujoin tho commissioner* from
doing what they alleged to be uu illegal
act, which would result in injury to
them.
Held again, under tho facts of this
case, that tho question of tho location be
ing a question of disputed fact wo cannot
say that tbe Judge violated tho discretion
ited in him by the law, in granting tho
injunction, and we therefore affirm the
judgment of the Conit with tbe following
modification ami direction, to-wit: that
the place selected by the commissioners
and located by them, shall remain os now
located as tlio pluoe for the transaction of
the county business by thu officers of said
county•. bo may make such orranf^j-
meuts iu connection with the commis
sioners for the holding of Courts, an may
lo them seem prper, till the final hear
ing of this case.
Judgment affirmed.
Thomas G. Bryant vs. The State.
Lyou, deGraffonreid A Irwin, W. A.
Hawkins, for plaintiff.
P. B. Hollis, Solicitor General pro
torn., for defendant
LOCHBANE, C. J.
An indictment is sufficiently technical
under section 4128 of tho Codo, that
charges that the defendant “did in 1870
employ tho rervant of one PhiUip West
during tho t ini for which be was em
ployed; knowing that such servant was so
employed, and tliut Ids term of service
was not expired.
Where tho Court let in testimony of
the previous employment by the defend
ant, though before tbe end of tbe, and
not in wilting, it was error to charge
tho jury that such previous contract was
no justification, inasmuch as that, ques
tion was ono for tbejnry under the facts.
When ono was employed by tho prose
cutor to bring other hands with him to
his plantation and superintend them.
Held, That such employment did not
constitute such porsou a servant within
the meaning of the act
McKAY, J.
A contract that one was to furnish a
lot of bands to work a crop, and that
they wero to receive a third of tho corn
aim a fourth of tho cotton, and that ho
w: i to superintend and overseo tho things
an.1 got $150 extra, was not a contract of
service undor section 4428 of ho Bevised
Codo.
WABNER, J.
The demurrer to the indictment in this
ct to was properly overruled.
When a man has employed a servant
to worl for him for any definite period
of timo, and another man, knowing of
such employmout, employs that same
servant for and doling any portion for
whioh tlio first employed him, ho is
guilty of tho offence of employing the
servant of another within tho truo intent
and meaning of the law.
I concur in the judgment of reversal
ia this case, on the tho ground that the
court below erred in bis charge to tho
juiy in relation to tho prior contract.—
That contract should have boon left to
the consideration of the jury, to show a
want of criminal intent on the part of tho
defendant to violnto tho law.
Judgment reversed.
Gilbert M. Stocks vs. Duncan A Johnson.
Buwkins A Burke, F. H. West, for
plaintiff!
Hines & Hobbs, for defendants.
McKAY, J.
Held, That there was nothing in the
letter ot Stocks, of October 15, to bind
him to sond to Duncan St Johnson the
wholo of tho cotton crop in question, snd
that the court erred in charging that
ruder tho letter Stocks was bound to
send it, whether it was made or not
Held, That the verdict of tho juiy is
sustained by the evidence.
J udgment granting anew trial reversed.
A. B. Baiford, Sheriff, vs. B. K. Taylor.
Hawkins A Banks for plaintiff.
J. A. Ansley for defendant
McKAY, J.
Wlicro a sheriff had levied on personal
property and had turned it ovor to a third
S ai ty on his making the usual claim affi-
avit and giving to tho sheriff a forth
coming bond, blit no bond for costs and
damages, and tho claim was dismissed ou
motion of plaintiff in fl. fa.,
Held, That it was not oirur in tho
Court to hold the sheriff liublc for the
valuo of tho property levied ou.
Held, It was no error in tho Court to
order nn issue to be mudo up and tried as
to tho value of the proporty levied on, in
the absence of the answer of tlio officer
which contained nothing ss to tho valuo
of tlio property, tho samo having been
mislaid.
Judgment affirmed.
Reuben J. Allen, ct n'., vs. E. G. ami T.
J. Brown.
noyle, Fielder, for plaintiffs.
Wooten for defendants.
McKAY, J.
When A being fairly indebted to B in
discharge of tho debt sold him tho north
half of n lot of land, nud A being indtfiit-
cd to others, it was agreed that B should
take a deed to tho wnolu lot, including
the south half, nnd tho deeds wero so
made, nud A afterwards sold tho wholo
lot to C, who had notice of tho contract
between A and B:
Hold, That tho eontraet for the two
halves being severable, tho fraud as to
tlio south half did notvitiato the contract
ns to tho north half.
Ladd A Wilson vs. James Jackson, Ad
ministrator.
Hawkins A Burke for plaiutiffs.
Lyon A Irwin for defendant.
WABNER, J.
This is nn notion of oieetant brought 1 a
recover possession of a lot of land on the
demlsoof A. J. Lamar nnd on the nmemlcd
demise of tlio guardian of tho minors of
A. J. Lamar, against tho defendants. —
The adverse possession of the laud by the
defendants nud those undor whom they
olaim, commenced during the lifetimo o."
tho intostate. The administrator ou his
estate was appointed in 1850 and the
guardian of the minor children appointed
in 1854. Tho action was commenced in
June, 1863. Tlio Comtohargod tho jury
that tho statute of limitations lind begun
to run as against Lamar in 1847 and up
under the provisions ol the Homestead
Act of 1868, ncquin-d any title to the
proporty set opart to them" for a homo-
stead, as against the title of the asaiguc-e
and Ihoee claiming under the sale by
him.
Although tho solo, mode by tho assignee
of the land, may have been irregular nnd
void, still if the title thereto was vested
in the assignee of the bankrupt, from the
time he was declared a bankrupt, the
complainants acquired not title to the
lend nuder ilie Homestead Act, which
would have authorized them to recover it
from the possession of the defendant.
Til# jury, under the charge of tlio
Court, found fur the defendant; to which
charge or refusal to charge, the complain
ants excepted.
Held, That on the statement of tho
fuels disclosed, there was no error iu tho
charge, or rofusal to charge; that the set
ting apart of a homestead to complain
ant out of her husband's property, after
he was adjudicated a bankrupt, conferred
no title upon her to that property or
against the assignee and thoie claiming
under him. -If the sale by tlio assignee
was irregular and void, still the title
thereto would bo in the assignee nnd not
in tho compLfimint; and she could not
rocover the land from defendant. Though
he may not have a good title.
Judgment affirmed.
LOCHRANE, C. J., concurs for the
same reasons.
McKAY, J., uouou-8, though not exactly
upon tho same reasons.
The right of tho wife and children to
a homestead ont of tho property of the
husband is no such lien ns follows tbo
property into the hands of a third person,
who require a title before any application
is mado for homestead out of it; and if
the husband is declared u bankrupt be
fore the application is mado, then that is
a mutter for tho Bankrupt Court.
J. E. Loyless vs. Thomas K Black shear,
et al.
Wooten for plaintiff’, Hawkins for de
fendants.
WARNER, J,
John T. Walkor, on tho 26th of Janu
ary, 1859, convoyed land to P. H. Mills,
trustee for Martha Mills and her children,
in fee Himplo. P. H. Mills died, and
his wife married liaydon, who, as her
trustee, and with her written consent, on
the 5th January, 1864, obtained nn order
from the Judge of tho Superior Court to
sell said estate, and after paying the debts
against the same, to reinvost the balance
of the money for tho benefit of said trust
estate. The children wero not parties to
this application, and nre not named, eith
er in the petition or ardor for sale. The
defendant derives his title under that
sale; the children in this proceeding ap
ply for said land.
On tho trial, the defendant moved for
a non suit on the ground that tho deed
from Walker to tho trustee of Mrs. Mil’
and children created a life estate in her
to tho property conveyed, with an estate
in remainder to the children, sho being
still in life. The motion was overruled.
Tho dofeudant offered testimony to
show that part of tho pnrehrso money of
Mrs. Raydon's part of tho cstato was ap
plied to tho payment of debts of tho es
tate and the rest invested for the benofit
of her and children. This testimony was
rejected and defendant excepted.
Under the direction of the Court, the
jury found for complainauts, and dofond
ant excepted.
Held, that the motion for nonsuit was
properly overruled.
Held, also, that only such children of
Martha E. Mills who wero in life at the
time of tho execution of tho deed by
Walker were entitled to recover.
Held further, that the purchaser nt tho
sale of suoh lands purohased only the i n
terest which Mrs. Mills had iu it.
Held again, that with tho proper allc-
gations in defendant’s plea, he is entitled
to the samo equitable relief iu a Court of
Law, under our Codo, as he would be in a
Court of Equity, in relation to the pay
meat of tho dobts of tho trust estato,
from tho procoods of tho solo of tho moth
or's part, and the reinvestment of tho
balance for the benefit of the children.
Jadmcnt reversed.
Tax Receiver of Richmond County vs.
The Augusta Factory.
McLaws & G&nahlo for plaintiff; Hull
A Miller for defendant.
ful and the sheriff having apparently
acted in good faith.
Judgment reversed.
LOCHRANE, C. J., concurs.
WARNER, J., dissents.
My opinions in regard to tins class of
legislation have been frequently e-x-
pressed, and it would be a waste of time
to again repeat them. I shall therefore
merely direct the Clerk to outer upon the
minutes of the Court my dissent from
this judgment, so that those who come
after me mnv see by tire records of the
country that I have been faithful to the
Constitutional obligations imposed upon
me by tlio supreme laws of the laud.
ATLANTA MIAMHIRl 1)1-' COMMERCE.
AtlMiila will no longer l»c Huie«l by
Monopoly.
(prising of the Business Community.
to his death - in 1848, and that it stopped
to run during tho minority of tho chil
dren of Lamar. The point in tho eoso is,
whether tlio infant heirs of Lamar wero
bound when there was an administrator
of the intestate and gnanlicu of the mi
nors, who could havo sued for the land
during their minority and failod to do so
within tho timo prescribed by law:
Held, That inasmuch as the title to the
land vested in tho minor heirs of tlio in
testate at tho timo of iris death, tho stat
ute ceased to run against them during
their minority.
Judgment rIff ruled.
F. E. Lumpkin, ct al., vs. W. T.
Eason.
Hawkins A Buiko, Cook.'Blamlfon',
Smith nnd Hudson, for plaintiff*.
O. T. Goode, for defendant.
WARNER, J.
This is an action of complaint instituted
by Mrs. Lumpkinand her children to recov-
er possession of a tract of land ou the 9th
No.v,!1868. J. T. Lumpkin, the husband
and father of complaiuts, was adjudged
a bankrupt on tho 28th. Assignees were
appointed to take charge of the property
of tho bankrupt, and dispose of it accord
ing to tho Bankrupt Aot The land was
sold by the assignees, snd bought by
Crawford, who convoyed it to tho defen
dant On tho 12th of December, 1868,
the laud in dispute was act apart by the
Ordinary as a homestead to Mrs. Lump
kin and her children ont of tho land of
her husband, who was then a declared
bankrupt; and this is her title to tho
land.
Uudcr the provisions of tho 14th sec
tion of tho Bankrupt Act of 1867, all tho
property of the bankrupt vested in the
■aiigaoe from the time of tho ooumcuoc-
ment of the proceedings iu bankruptcy,
except such property as is specified in
the act, snd such other property as was
exempt from levy and sale by the laws of
this State in the year 1864. The question
in the case is whether tho complaints,
WARNER, J.
This is a bill filed by tho Augusta Facto
ry ng&inst tho TaxRccoivcr and Tax Col
lector of Richmond county, praying for
an injunction to restrain tlio assessment
and collection of a tax whioh the com
plainant alleges to bo in violation of the
tax laws of the Btato. The Receiver as
sessed tho capital stook of the Company
at #1G2 per snare, on its 6,000 shares of
capital stock, and ns the ad valorem or
market value of tho stock on tho first of
April last, whereas tho complainants al
lege that said Augusta Factory being an
incorporated company, was bound only
to return and pay a tax on #600,000, or
$100 per share on its 6,000 shares; which
iujunction was granted and tho defend
ants excepted.
Hold, that tho Augnsta Factory, an in
oorporated company, is liablo to a tax
only on the whole amount of the capital
stock of the company paid in and uot on
the market value thereof.
Hold, a'so, That tho Augusta Factory
is liable to the payment of all legal tax
on tho property owned by it as an incor
poration, which is not included as a part
of tho capital stock and constitutes no
port thereof.
Judgment affirmed.
LOCHRANE, C. J., eonecs for the sme
reasons.
KcKAY, J., dissents.
By Section 813 of the Code, tho several
corporatod or unincorporated oompanios
in which there is no other special mode
of paying taxes provided, are taxable at
tho Bamo rate, as other property, but the
assessment as to ho mado on the whole
amount of stock paid in. Bat as the
constitution adopted since this clause of
the Code became law, provides that tax
upon properly shall bo oil valorem only
and uniform upon all spocios of proporty
taxed, and os the mode of taxation pro
scribed is not ail valorem, since it fixes aa
arbitrary value thereon, nor uniform,
since that is uot the way other property
is taxed, said sections, in my judgment,
ore repealed, as inconsistent with the
constitutiou of 1868,
Seoond. Companies oorporated or in
oorporated, except where the State by
contract has otherwise allowed, are now
to pay a tax upon tho whole amount of
the taxable property in their possession,
tike individuals, the value of their prop
erty to lie ascertained in any way best
calculated to attain that cad.
T. B. Myers vs. D. H. Wilcox A Sly.
Crisp A Goode, for plaintiff.
Ansley for defendants.
McKAY, J.
Where a judgment was obtainod in
Scliley county on 25th October, 1870, on
a debt contracted boforo 1st of Jane,
1865, upon which an oxocntion issued
and the iheriff failed to raise the money,
bat received from tho defendant an affi
davit that the taxes luul not been paid on
the debt, together with a claim of offset
and recoupment, according to tlio act of
October 13, 1870.
Held, That it was error in the court to
hold the sheriff liable for tho money ho
failed to raise, the proper construction
Thu movement sot on foot soverol
weeks since for tho organization iu this
city of a Chamber of Commeroe, is now
a happy success. Tho ncoessity for Bach
a body lias long been transparent, and
every day tho mercantile interests of onr
city were being paralyzed by a discrimin
ation in freights, submission to which
would prove suicidal. Tho question of
fair freights is one of vital interest to
every business community and one upon
which the successful establishment of
wholesale business depends. Atlanta lias
now arrived at such a period that a sys
tem of unfair discrimination can no long
er bo tolerated.
But bow remedy this, aud many other
evils, from which we unfortunately suf
fer? There is but one—organization.
United and presenting a firm front we
can do mu oil that to individuals would
be impossible. The history of other ci
ties afford striking examples of tho ben
efits derived from organization, and none
more clearly than tlmt of St. Lonis, now
grown so prosperons. There was a pe
riod ill her city when, ground down by
railroad and other monopolies, the future
seemed dork indeed; but her business
men organized, and succeeded in re
moving the obstacles in tho path of pros
perity. It was through this v*ry organi
zation that the first furnace was heated
iu carondelete, and, consequently, from
it St. Louis states her now magnifiount
hardware trade.
Theso facts wero tho occasion of tho re
cent meeting at tho Skating Rink, where
it was determined to organize a Chamber
Commorce. An adjourned meeting was
called for Monday evening, tho 7th of
August, at the City Hall for final organi
zation. At tlio appointed time there was
assembled an unusually largo number of
business men, who evinced a deep ear
nestness in the movement. All lines of
trade and labor were represented, and all
seemed equally interested. Col. W. M.
Lowery took tbo Chair, and Capt. M. E.
Cooper acted as Secretary, when tho
Chamber organized by tho adoption oi
the following:
CONSTITUTION.
Tlila Anaodsbon Hliali be kuowu aa tue “AUautR
Chamber of Commerce."
ARTICLE II.
Tho object of this Association shall be to collect
anti record such local andgoncral atatiatical informa
tion relating to tho manufacturing, atatiatical, com
mercial and financial welfare of the city of Atlanta,
and especially to protect, foster and devolop the com
mercial, manufacturing and other industrial interests
of taid city.
article m,
Any person a resident of Atlanta, or of Fulton
county, Stoto of Georgia, or any firm or corporatou
doing business within said limits, if recommended
by a uicmlxir of tho Association aud elected by th©
active member
upon p -
prescribed iu the by-laws.
ARTICLE IV.
Section 1. Tho officers of tho Association shall bo
a President, six Vico Presidents, a Secretary aid a
Treasurer, who Rhall be elected annually on tho first
Monday of August by a ballot vote of the members
of the Association, and who shall serve until their
successors shall havo been chosen and qualified; Pro-
vido!, The Secretary aud Treasurer shall l»o chosen
by tho Board of Directors.
Suction 2. A record of the names of tho inombcrs
of the Association voting at the election of officers
shall be mode as their ballots are deposited,and
entitled to vote who Is in arrear of his dues,
ARTICLE V.
Soction 1. Tho officers of this Association shall
of the Association, and shall judge of the nua'fflca-
tion of applicants for membership, aud proscribe
such rules and regulations as they may deem expedi
ent and necessary for tho government of the Associ
ation, and for carryiug out tho object of the organisa
tion.
Section 2. The Board of Directors shall have power
U) fill any vacancy in tliolr Board which may l>c occa-
aioned by the death or resignation of a member.
ARTICLE VI.
This Constitution may be altered or amended by a
vote of two-thirds of thu members present at any
regular or special meeting of the Aa»«>clation called
for the purpose; Provided, That a notice in writing
of the amendment or alteration proposed shall havu
been submitted to the Board of Directors ono mouth
prior to the mooting at which the amendment
teration Is to bo considered, aud a copy of the pro
posed change posted in the rooms of the AssUdation
at least ono week prior to action thercou.
The following by-laws were also unani
mously adopted:
BY-LAWS.
Section 1. The President shall preaidu at all meet
ings of tbu Association and of the Board of Directors,
aud ahall call such special meetings of the Associa
tion as ho or tho Board of Directors may deem expe
dient, or as shall be requested In writing by at least
' -s of the Association.
------ In the absence of tho President,a Vice
Proaldout shall perform his duties iu order of seni
ority.
Section 3. Five members of the Board of Directors
shall constitute a quorum for tho transaction of busi-
Hcctioo 4. Tho Sooretary shall keep i
cord of all meetings ' “
Board of Directors; h«
menta
pay the
Section 12. In c ,,
derision or action of th« Board <
month's notice shall be givra to tlio Chamber, and
«aid appeal, if sustained by three members, shall be
voted upon by the Association, but shall not reverse
buch derhdou or aetten except by a two thirds vote
of all tho members present when flual action is u.
ken.
Hection IS. Any amendment or alteration proposed
to these By-Laws must be hubmitted in writing to
the Board of Directors, who ».h«n post the same iu
the rooms ol the Association two weeks prior to final
action thereon; after which It shall become a br-law
present. 1 UCJ L/ * two * Ullrd vot * °t the member*
omcjutH.
President Major B. IS. Crane.
1st Vice President—W. J. Garrett.
2d Vice President—J. 14. Tames.
2d Vice President—A. Leyden.
4tfi Vice President—Wm. A. Moore
6th Vice President—J. J. Meador.
C'h Vico President—C. A. Pitts.
MEMBERS:
WM Lowry. a TO,
•) •*?“*>. H V Saul, .
BBCrew. EiLawnh,..
ACIadd. VllVek,
a t. » Henry Bankr,
A D Adair,
It H Land,
W H IjiuBde.il,
E WUiams.
Jr..
W F Hteket
J H Oliver,
P Dodd,
Wm II Howe 1 1,
A O M Gsy,
J D Wing,
O H Jones,
Wm Bich,
M Rich,
II Ilich,
J Norcross,
8 DeWald,
8 O Hitchcock.
W H Fuller.
J H James,
B E Crsue,
O A Pitts,
Jas J Meador,
W J Garratt,
Jos F Alexander,
J C Kimball,
U H Witt,
B F Longley,
J C McMillan,
G B Adair.
A Leyden.
Frank K Block.
R H Goodman,
Wm Hamilton.
Arnos Fox,
W T Akers,
D H Dougherty,
Thos Carr Broiighall,
K A Ituther,
?ys acentcing to the Association, and
te the Treasurer, taking his receipt
------—^ all committees
of their appointment, and shall conduct the official
idencc of the Association, and perform Buch
services as may be agreed upon by himself and the
Board of Directors.
Bcction 6. The Treasurer shall rccaive and toko
charge of all moneys accruing to tho Association,
and shall pay this out on warrants drawn by tho
President and conntereigned by tho Secretary. Ho
shall keep a regular account of all moneys received
anti exi>ended by him, and shall make a scmi-aunual
report thereof, iud such other reports as tho Board
of Dimeters may require.
Section 6. The Seen tary »»»d Treasurer shall give
for each member two dollars, entitling each member
who has paid up his duos to ono vote.
Section 8. The regular meeting of the Chamber
shall be held on tho first Tuesday of every second
month In tho year, ami special meetings whenever
‘ il for, as provided in Miction 1, and seventeen
jbers shall constitute a quorum for the trausac-
tiou of business.
Section *. The Board of Directors rhall meet in
regular session on the first Monday of each month,
at such hc-ur as the Directors may determine, and
special meeting* of the Directors may be called aa
frequently as tho Prusideui or Secratary may dram
111 MldJletou.
Wm Titlehanm,
TL Langston,
J M Borrougns,
H 8 Edwards,
J U Mecaslin,
D Rich,
Jno H Flynn,
Darwin G Jones,
A Jordan,
A J West,
John 8tephon0,
H A Fuller,
Isaac Bobiusou,
E P Chamberlin,
B J Lowry,
Jacob Elsas,
»» A amort*, II C Sawtell,
C L Bedwino, M fc Cooper
John K Wallace.
A large number will give in their names
before next meeting; in foot,’ wa liavo
not yet lieorff of a single business ***..
wbo does not propose to join it And
from tbo largo number whose names aro
already given in, we augur for tbe At
lanta Chamber of Commerce brilliant
sneoess.
Maj. Crane, tbo President, is a mem
ber of tbo Aim of Williams, Langston A:
Crane, ono of oar boaviast wholesale pro
duce bouses, and well qualified by bis
business tact and sound judgment to dis
charge tbe duties of bis office.
Tbo some, in every respect, may bo
said of Capt. Garrett.
John H. James is a self-made man,
wbo lias risen from a very small begin
ning to tbo position of one of our wealth
iest men; this by pursuing a legitimate
business upon tlio principlo of strict in
tegrity.
Maj. Leyden ia ono of onr most suc
cessful and highly esteemed commission
merchants.
Mr. Mooro is of tho firm of Moore St
Marsh, the great pioneer wliolcsalo dry
goods house in this city.
J. J. Meador, tho Tobacconist, is also
a successful business man, of fine reputa-
tution and good standing.
Judge Pitts is of tho firm of Pitts,
Cook St Co., contractors and builders, nnd
manufacturers of Cotton Presses and oth
er farm supplies, wbo is woll known and
highly ostoemod.
Tbe selection of tboso first class busi
ness men for officers, wbo also composo
the Directory of tbo Hoard, ia a good
It shows that tbo merchants and
manufacturers of this city are in earnest,
and will not stop short of making it a
grand success.
COMMERCIAL
FINANCIAL Ago COMMERCIAL..
Officb op Atlanta Daily Sun, )
Atlanta, August 8, 1871. (
No change to note to-day.
Cotton—Is rather woak, and is now
quoted at 17j@17|.
Ghais—Corn by car-load 90@95 cents.
Wheat—Bod #1.50; prims white #1.60(2',
1.70. Oats 65(ni70. Bye $1.00. Barley
$1.00.
Bacon—Shonldcrs 8o; clear rib sides
10c; clear sides 10fe; canvassed bams 14
@17c; bulk )o lower.
Lard—Barrels 121c; kegs and cans 13
(5,14 c; bulk lclowor.
Flour—Superfine, $5.75; extra, $7;
family, $8(38.25; fancy, $9.
Meal, etc.—Quite an aotive demand
oxists, and many orders arc received from
a distance. Corn meal per bnabel $1.00
Bran, per cwt„ $1.00. Oats and
wheat meal, per bushol, 80s.
Groceries—We quote A sugar at 144c;
extra C 14c; yellow C 13(n l3tc; fair to
cboico crushed, powdered and granula
ted lojo; brawn 12(a!13c. Bio ooffeo
17(a,19c; Java 26e; Laguira 20c. Mo
lasses, in barrels, 36c; New Orleans primo
70c. Liverpool salt $2.25; Virginia salt
$2.25. Rico 10i(a,llo. Ginsing 12(3t22e.
Candles—sperm 18o; adamantine 12i(s
13)c. Pepper 25c. Race Ginger 15c.
Storeb 8c. Cigars, domestic, per thou
sand $22(u 40. Teas—Green tea #1(«
1.50; block 90c(31.25. Soap 6(3ll0e.
Crackers 6(3)150.
Country Produce. — Batter 20(5 30;
eggs 15@25c.
Cement and Lime.—Market brisk.
Cherokco lime 55c; Chewacla 60c; hy
draulic cement, per bbl., $4; James Riv
er, $4; plaster of Paris, per bbl., $6.
Hav—Moderate. Primo clover, per
too, $30; Tennessee, $30(gji3 ; Timothy,
$32(0)35.
Tobacco—Low grades 55(a)G0o ; com
mon, 58(^65; good, 75(^90; fine, $U<£
$1 25, choice brands, $1 2501 50.
Prints.—Allens, 101; Sprague 11;
Paciflo 11; Lancaster, 101 ; Wamsutter,
7i ; Mcrrimacs, 10) ; Garner, 12i@15.
Hardware.—Nails—lOd to 60d#4.70
8d $4.95; fid $5.20; 4d $4.76; 8.1 $6.70;
finished, all grades, about 15c lower.—
Iron—Swede 7e; horse shoe iron 7c;
City Mills and Pittsburg bar 6c.
Live Stock.—Cattle—Tcunossoo, 2|(«
4fc; country, 203(c; sheep—country 2(5
3|c; Tennessee, 4c; shoats, Gto5(c.
PTC * 10 Ik* Secretary alull be UriOlf tmyUaOial,
R&d only tbe RpgregR'.e of each report* shell be
public.
Isocfll and nusliieNH NotIooh
#- Nougat do Marseilles, at Block's
Candy Factory. jy29-tf
•ar Nougat do Marseille*, at Block's
Candy Factory. jy29 tf
