The Atlanta daily sun. (Atlanta, Ga.) 1870-1873, November 09, 1871, Image 2

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=3fe THE DAILY SUN. Thprsday Monuro Novxmbeb9 ttf- Office in tks Sun Building, West tide <f Broad trod. Second Door South qf Alabama. |fir Nets Advertisement* always fount! on J'Yrst Darn ; Local and Business Notice* on Fourth Page. A|cbU fer The S«a, Thomas X. Honin, Tbomaaville, Os. Jamm AUJO Hmitb. Knoxville. Tenn. Day* Boll, Athens, Os. I. JL Viuon. Woodstock, Os. J. O. Calcwaxju. Thomson, Os. li. C. Hamiltom, Del ton, Us. W. C. Davis, Jr.. Katooton, Os. Tattam. Matt 4 Co., Whits Mstui, Green Co., Qs J. L. Bam. Ohettsnoogs. Tens. J. a PASSAM. LaOfSSfC. Os. R. A. VaSMCIkx, Thomssvllle. Os. E. O. Wiluams, Colon Point. Jolts B. Baowv, Elberton, 0% Ckssf« of Osr Subscription Pries. We aak attention to our new terms of ■obeoriptioQ in the flnit column on our *"»«*- W« publish in (uil, the decision, of the Supreme Court; also the daily “Pro- needingti" of the Court, and keep the “Order of Boineas" standing in our tt SUPREME COURT DECISIONS. Novum an 7th, 1871. Kxeoutors of L. J. Dupree n. Lucy Y. Dupree et al. LOOHRANE, 0. J. On aooouut of tho very large amount of business before the Court st the pres ent term, it has been impossible for Judge Lochrane to consult the an thorities upon important principles of law involved in the decision of tho above case, and wo, therefore, order that the judgment of the Court In this coho be poetpoued until the next term of this Court, under the provisions of the Con stitation of this State. E. F. and W. W. Lawson, executors, et al. va. J. W. Grubb, Administrato.-. LOOHRANE, 0. J. Where it appears from the bill that the complainant nnd a judgment at law for the amount of his debt, he has an ade quate remedy by levy and sale of the pro perty of defendunt, and equity will do. assn me jurisdiction to enforoe by a de- oree of the Court the collection of the judgment already obtained; where the allegations of the bill set up insolvency merely; where the processes of the Court is the proper remedy, and demurrer to aoeh a bill ought to have boon sustained. Judgment reversed. E. F. Lawson, J. S. Hook and S. A. Corker for plaintiff; A. R. Wright and J. F. Sherman contra. Mary M. Marshall vs. E. S. Cohen—Nui sauce. LOCHRANE, 0. J. Where a landlord runts a store in a building of which the upper stories were rented out to other tensuts, and there was a water closet in the upper part, which, by reason of obstructions thrown in by the other tenants, overflowed and damaged goods in the store: Held, That the landlord was liable. The fast that the overflow was caused by the negligence of the other tenants, when the proof showed that the landlord had previous notice that the closet was in a bad condition, and the foot that it w as in the premises at the time of the renting, and that the plaintiff had access to it, but did not use it, do not change the liability. It is llie duty of a landlord to keep the premises free from tho con sequences arising ordinarily from the use of a . water closet, whiob becomes a nuisance from its very nature, wheu not properlv used nnd rt- tended to, and if the landlord fails to keep it properly attended to, and dams gea ensue from his failure, he is liable. Judgment affirmed. T. E. Loyd for plaintiff; G. A. Metoer oontra. Emerline and J. W. Johnson vs. Jno. JL Kelley—Guardianship of Idiot LOCHRANE, 0. J. In a contest for the guardianship of an idiot, a colored man, one npplioont being a white person and tho other an only sis' ter and nearest of kin to the want, the proof showing that both were objeotion able, the Court charged the jury that, other things being oqnal, relations wore to be preferred, Held: That, under the .Code, .Section 1700, this charge did not, in its full meaning, preaent the provisions of the law to the consideration of the jury. The language of the code is, “among collate rals applying for guardianship, tho near est of kin, by blood, if otherwise unob jectionable, shall be preferred.” The philosophy of tho law is wise, ami its administration ought to bo cuforcod Judgment reversed. G. F. Bartlett for plaintiff; Key A Pres tos, Peeples It Howell oontra. J. J. Bell and B. J. Mims vs. C. 0. Thorpe— Rule against Sheriff. LOCHRANE, C. J. Held, that under the facts of this coho, the Sheriff, though out of offioe, was lia ble to rule, under tho provisions of the Code, and it was error in tho Judge, upoi the trial of n traverse of the Sheriff's answer, to reject evidence of the fact that the defendant in 11 fa. hail property in hie possession sufficient to settle the judgmeut at tho time of tho return of nails bona by such Sheriff upon the exe cutions, and as such evidence was admis sible and ought to have been submitted to the jury for their consideration, under the charge of the Court as to the whole MM. Judgment reversed. \V. U. Quulden for plaintiff A M. Stone vs. H. S. Wetmoro—Quo Worrauto—Military Appointments. LOCHRANE, C. J. Under the facta in this cose, Held that Oeuerol Terry did not, by liis removal of Wetmore as the Ordinary of Chatham Go. and his appointment of Stono thereto, oonvey such a title to the oiflee, as upon the application of Stone to the civil courts, they could enforce under the Constitution and laws of this State. Held, again, The foots recited in the petition for quo warranto, to-wit, that Stone, after the removal of Wetmore, was appointed to the office, and tiled his liond. and'waa oommisionod by the Gov ernor, did not confer snob a right to the office aa the civil oourta can recognizo. The commission did not oonvey more than the order of appointment upon which it was based, and that appoint ment expired with the power that gave it oxifloiioe. Held, again, That appointments under the reoosaunetion acts of Congress to the civil offices by the General’s comMmd. was not by virtue of the Constitution of the State, but by power of the acts of Oongreea, and did not confer upon the incumbent any title to the same longer than the acta themselves were of force. Judgment affirmed. A Sloan, Wm. Donghetty for plaintiff; Hartridge A Chisolm, Jackson, Lawton ABeesinger, contra. MflUdgeviils " jeville Manofactoring Company va. G. S. Bivea—Attachment. '• Mo KAY, J. Where an attachment had issued against A., and at the trial term, it was u.;teed that B. should be^ubstitutod for A : Held, That this was a dissolution of the attachment, and the cause stood up on the fooling of an ordinary suit at law against B., with a waiver of service. An agreement to allow a certain instru ment in writing, to bo used ns evidence, waives all objections to it for want of u stamp. A settlement was made in 1867, of a oontract made in 1862, payable in Con federate currency, the basis of the set tlement being the value of Confederate money at the date of the contract, which the debtor then paid in cotton at 30 cents, a pound, though it was really worth only 26 cents. The parties also made an agreement in writing, that if the Courts should afterwards establish the rule that Confederate oontracte were to bo settled aooorJiug to the value of that currency at maturity, they would modify their set tlement accordingly. Held, That the right of the plaintiff to open the settlement, Ac., is made by the agreement to tarn noon the rale that Confederate contracts aro to be settled according to the value of that curronoy at maturity. Before the plaintiff conld recover in this case, it was incumbent on the plaintiff to show that the Courts had so decided. Jadgmeut reversed. Wm. McKinley, for plaintiff; Linton Stephens, contra. Charles Merriwether vs. Missouri Smith. Contracts. MoKAY, J. Where a oontract for laborers, entered into on Sunday, but tbo labor was per formed afterwards: Held, That the promisor canuot de fend by sotting np tho illegality of the oontract. When a wife, by the consent of her husband, makes a contract for her own labor, in which oontract it is agreed that she is herself to receivo tho compensa tion for the labor, she msy, under onr law, sue and recover in her own name. Judgment affirmed. Key A Preaton, Peoples 4 Howard for plaintiff; Q. T. Bartlett oontra. Biokford A Iloldmao va E. B. Ohipmnn —Surprise. Mokay; j. A new trial will not bo granted because a witness swore on the trial to n fact wholly unexpected to the plaintiff, who at the time knew this stateme nt was false and that he conld so prove by a witness whose testimony ha could have procured had ha thought such evidence necessary. He ahouid have moved for a eontinnanoe of the ease. He cannot take bis chances for a verdict in his favor and tbon plead surprise, as there was some evidence as to tho iageuey of the witness, this Court will |not disturb tho judgment of tho Court below, in refusing a new trial. Judgment affirmed. A. W. Stone for plaintiff; Law, Lovell A Falligaat, H. B. Tompkins oontra. A. M. Ross vs, John Williamson—Pro ceeding to obtain hooks of predecessor in office. MoKAY, J. In a proceeding by an incoming offlcor, who Las been commissioned and sworn, against the old officer, to compol him to turn over the books of tho office as provided in soctions 161,2, 8, 4, 6 and 6 of the Code, tho oourts will not go be hind the commission to inquire into the legality of the election and tho eligibility of the new ollioer. The simple fact that the ollioer elected docs not give bond and take the oath of office in tho time requir ed by law is uot sufficient to work a for feiture of his office. It must affirmative ly appear that the failure was by tho fault of too officer. Judgmeut affirmed. A. W. Stone for plaintiff; Hartridge A Chisolm contra. A B. Smith vs. tho Ordinary of Chatham —Mandamus. MoKAY, J. A solicitor general elected in 1HII7 is estopped from olaiming compensation under a law passed in 1867 and repealed in 1866. That oeotion of tho Constitu tion of 1868 whioh confirms noarly all the acts ot the Legislature of 1865 and 1866 was ODly inteudod to quiet doubts and was unnecessary to give them validi ty. In any ovont, they were tho acts of a body in harmony with the United States and good proprio vigors. Judgmeut affirmed. Tompkins A Garrard for plaintiff. Executors of Martha Whitffold vs. 8. J. Wellborn—Tenancy. WARNER, J. This action was brought by tho exeeii tors to recover possession of a tract of land in Jasper county. Tho plaintiff proved tho defendant iu possession, and that lie rented it from Whitfield in 1804. Ho also proved the value of the yearly rental, and that the premises in dispute won a part of the land which witness’ father, itobinson, owned ill his life-time On cross-examination tho plaintiff's wit QCJS stated that defendant went into pos session of tho laud in 1*58, and had been ill possession ever since; tout Whitfield was iu possession of tho land; that de fendant never olnimcd tho laud as his own; that it was generally agreed by all tho parties that tho defendant should take possession of the land. After the plaintiff hint closed the evidence the de fendant mode n motion to mnko McAfee and others, who were the devisees of tiie laud under the will of It., parties dufen dant to lay a foundation to introduce evi dence to show paramount title to the land in them, and to prove that tho de fondant wont into possession of the laud under them us thoir tenant, which motion the Court overruled, and the defendant excepted. |t The defendant then introduced him self os s witness to prove that be was not tiie tenant of Whitfield, but of porsous churning under tho will of John Robin son; that R. had been possessed of the land for forty years prior to his death iu 1807. This witness was rejected, because the plaintiff's testator nas dead, and excepted. The defendant offered, in evidence, oettifiod copy of the will of Rohioson, to shov- the title in McAffeo and others, wliich the Court rejooted, and tho defen dant exoeptod. The defendant offered to prove by the plaintiff’s witness the same facta, which the Court would not allow, and defendant exoeptod. The jnty found a verdict for the plain tiff, and defendant moved for a new trial, because of errors in the above rulings, which motion was overruled. While we recognizo the general rule that the tenant cannot dispute the land lord'* title, yet, under the facta here, we think the Court should have allowed the larties to be mode, received the will of A, and evidence us to tho identity of the land in the will, and as to whether tho defendant was tenant of the portion claiming under the will, or whether he was in poaaeaaion as teuunt of Whitfield. Then the Court ahouid have charged the jury aa to the law applicable to landlord and tenant, and left the jury to find the foots. There was no error in rejecting the defondaut aa witness, the other party being dead. See Executrix of Robinson vs. Lesptrot, decided this term. We or der a new trial. Key A Preston, Peeples, for plaintiff; W. A Lofton, contra. Bussell vs. Chambers—Intruder's Act. WARNER, J. This *u a proceeding to remove an intruder under the 4000th section of the Code. The defendant filed aconntor affi davit, and upon the issue thus formed, the case came on for trial in the Superior Court. The jury passed for defendant. A motion was made for anew trial and overruled, and the plaintiff' excepted.— From the facts there was reason in over ruling that motion. Tho defendant claim ed possession in good faith, and under a legal right, aa shown by his deed for the same. If the manner of entry thereon, under that legal claim of right made in good faith to the poaseeaion of the law, was not legal, the plaintiffs remedy was for forcible entry and detainer, and for an action to recover poeaesaion, but he could not be removed as an intruder un der the Code. 39 Ga. R. 197. Judgment affirmed. Ur lianas Dart, Jr. vs. L. J. Dupree.— Motion for new trial. WARNER, J. This was an action on an open account for wages. The jury found for the plain tiff 8118. A motion was made for a Dew trial, on the ground that the verdict was Contrary to law, to tho charge of the Court, to the erideooe, and to tue weight of the evidence. The motion was over ruled and the defendant excepted. The evidence was oonflictiDg, and the jury wero the judges of the credibility of the witnesses and tho weight they were entitled to in view of their interest and their relationship to the parties. In such a case the uniform rale has been not to interfere with the vredict, where no rnle of law has keen violated in sub mitting the facts to the jury, which probably might have produced a differ ent result, especially when tho presiding Judge is satisfied with the verdict. We find no error in the record that author ize this Court to set aside the verdiet and grant a new trial. Judgment affirmed. Harris and Davenport for plaintiff; Harris and Williams contra. J. J. McGowan vs, W. M. Davidson et al.—Injunction. WARNER, J. This was a bill to restrain the defendant os Tax Collector of Chatham county, from oolloating a tax on spirituous liquors in 1868, alleging that there was no tax duo thereon for that year; and, also from collecting a penulty of 81000 for uot making their return for liquors sold by them during the first of tho year 1869, prior to 18th March, 18G9, the date of the act. By tho 8th seetion of the act of 1868, providing for a specific tax on liquors sold, it in ejprpssly provided that that section is to go into effcat from and alter the 1st of Ootobor next. Tim not is da ted the 5th October, 1808, but the 8th section thereof was not to go into effect nniil the 1st of October uoxt therea t -r, which would bo the 1st of October, 1869. In view of tho provisions of tho Consti tution which was adopted iu 1868, .it can not be said to bo of force in relation to thia act, after the new Constitution and the -passage of tho subsequent acts of 1808 and 1869. Our conclusion, then, is that tbero wax no hi of forco iu 1868, subscqnont to tlio adoption of 181)8, whioh will authorize tlm tux collector now to collect the tax on spirituous liquors for that year, subsequent to that time, and that ns tho act of 1869 was not passed until 18th March, 1869, it would be a harsh construction of it, to say tho least, that the complainants should be compelled to pay the assessment of 81,000 for not making their returns for that por tion of the year 1869 prior to the date of tho act. It is true the act is retroactive, inasmuch os it dcclurcs that the 8th sec tion of it shnll go into effect from and af ter tho Idth day of January, 18G9; but the defendants could not have known its f rovisious prior to its passage, on the 8tli March, 1869, so us to regulate ttieir conduct by it, nnd now to assess them $1,000 for uot doing what they were not required to do, until the passage of the act, would be contrary to the fundamcn tal principles of justico. Judgment affirmed, A, W Stono for plaintiff; R. E. Lester contra. J. K. Jones vs. J. W. L ithrop A Co. Commercial Law. WARNER, J. This action was brought ngaiDst tho defuudunts us the drawers of flvo bills of exchange, dated Savannah, 9th July, 1867, for £200 each payable to the order of plaintiff, iu London, at sixty days after sight, and directed to Robert Hnchinson, Liverpool, us (lie drawoo. Thu defendants pleaded that in avowing tlicso bills, they acted merely ns the factors of the plaintiff iu shipping his cottou to Liverpool to be sold thoro, aud that tho bills wero drawn by thr u upon the proceeds of the sale of plaintiff's cotton, as iris agents, aud under tiis instructions, according to the known nnd usiiul custom of trade in such cases, nod not on thoir own account, nnd that they hod uot received any valuable con sideration therefor front the plaintiff, as the drawers of said bill. It nppears from the uvidonco that at tbo lintu those bills were drawn, Hutch inson, to whom the cotton was shipped, and iqum whom tho bills wero drawn, was of good credit and standing merchant; but before the bills wero pre sented for payment be bcoame insolvent. The evidence on tho trial was quite vo luminous, being the written correspon dence between the parlies in relation t<r the sale of the cotton aud to the sate Jof these sterling bills used wliich bud bueu delivered by the defend ants to the plaintiff. The jury found for the defendants. A motion was made for a new trial and overruled, and tho plain tiff exoeptod. This aotiou is brought against these drawers for no neglect of duty, as the lectors and agents of the plaintiff and the question is, whether they are liable os such drawers, The general rule of law is, that the drawer of a bill of ex change ie liable for tho payment thereof to the payee named therein, and is found ed on the theory that the drawer has funds iu the hands of the drawee, whioh he sells or sssigus to the payee foi uable consideration. But this pn tion as between the original contracting parties may be rebutted aud overcome by the foots aa between them. What ore tho faota of the cose ? The plaintiff hod eighty-five bales of ootton, which, boj desired to have shipped to Liverpool and sold there, and reoeive in payment therefor sterling bills, and for that purpose sent his ootton to the de fendants, aa hit factors and agents in Savannah. The ootton was received by the defendants about January 26,1867, who wero instructed to ship the some to their correspondents in Liverpool for sals. In obedience to their instrnctioue, they shipped the ootton to Hutohinaon, who received and sold tho same, rendering an aooouut of sales to defendants, dated Liverpool, Juno 5, 1867. The aooount is thns stated, “Aooount of sales of 85 bales of ootton par Sullivan from Savan nah, sold by Robt Hutohinaon for ao oount ot J. R. Jones, Esq., per Mean*. J. W. Lesptrot A Cm" The ootton wai not sold on aooount of defendants, but on account of plaintiff, aud the proceeds of the sale wan not |the property of de fendants, bat of plaintiff To enable the plaintiff to receive the proceeds of the cotton in the hands of Hutchison, tho defendants' correspondent in Liverpool, tbfifo bills were drawh according to the uragf* And eastern of trade ill siloh cases and efetc sterling bills iu the Commercial sense of the term. The evidence shows that the ullage was to avow 00 days’ bills, as was done here, by the commission mer chant in H.tvsunah shipping the cotton; taut it was the custom to put the procceila of the cotton sold in Liverpool to the credit of the merchant shipping, but the accounts at Liverpool showed to whom the cottou belonged, and no person except the merchant shipping the cotton, conld draw from the proceeds, who wonld settle with his principal to whom the ootton belonged; that the ac counts rendered in this esse were ac cording to the usage and eastern of trade. TheaebiUa therefore, were in fact drawn by the defendants on the shipping factor and agents of plsintiff, to enable him to reoeive the proceeds of his cot ton, and were not drawn for any valuable consideration received from him. After these bills were drawn and the account of sales rendered, they were de livered to him and he retained them in his possession nearly three months without objeotion, and in the mean time, corresponded with the defendants os to the beat time when to dispose of them at the highest premium, or ster ling bills and finally transmitted them to the defendants to sell for him, as his agents, when, in their jadgment they conld realize the highest market value. Therefore, os late as the 20th of October, the olaintiff wrote the defen dants to purchase three barrels of pork ami deduct tbo price thereof from the sales of the bills of exchauge then in their hands for sale. Alter tho defendants bad informed tbo plaintiff of the failure of Hutchinson, he wrote them on the 8th of November: “The loss of the money will be a terrible blow on me—financially speaking. I feel T Wy blue an the sub ject. You will please koep me regularly advised of any new developments in the matter, and for me see what can lie made out of the matter.” Again, on the 23d of November, he wrote them that, “if, by tho 1st December next nothing satisfac tory is received or heard from Mr. Hutch inson, and you see no reasonable chance to make anything out of tho bills for the present, or at an early date, to re imburse you tor the pork sent me, I will remit the money to you lot the pork," It is quite apparent that up to that time the plaintiff did not consgler the defen dants personally liable To him as the drawers of these hills, and he then had full knowledge of all the facts. gRV The relation of principal and agent arises whenever one person expressly, or by implication, authorizes another to act for him, or subsequently ratifies the act pf another in liis behalf: Code 215”, The form in whioh the agent acts is ini material. If the principal's name is dls- olosod and the agent professes to act for him, it will be held to be the act of the principal: Code 2169. The plaintiff’s name was disclosed by the defendants ss the owner of the cottoo, when shipped to Hntohinsolf by them as the agents of plaintiff, and the nccouut was rendered ns the proceeds of the sale of plaintiffs cot ton, according to the usage and custom of trade, nud not ns tho defendants’ cot ton, The agents’ authority will be con, strued to include all necessary and usual means for effectually executing it: Code 2170. According to the evidence the drawing of these bills by the defendants ns the factors and shipping agents of plain tiff was the necessary and usual means to enable them as such agents to obtain the proceeds of the cotton in sterling bills. When the agency is known and tiie credit is not expressly given to the agent, he is not personally liable on the contract. Tho question to whom the credit is given is a question of fact for tho jury in each case—Code, 2185. As between the de fendants and the plaintiff, their agency in this shipment of his cotton to Liver pool, and procuring sterling exchange for the proceeds thereof, according to the usual custom of trade, was well known to him, and the question whether the plain tiff received the bills from them on their credit, ns tho drawers thereof, or on the credit of his own ootton shinped 'and sold by them in Liverpool, by his agents, was a question to be doolded by the jury under the evideueo. Whatever might have been the liabili ty of defendants, os drawers of these bills, if the same had been negotiated and in the hands of a bona fide holder for value, it is not necessary to discuss in this cose. Tho main controlling qa ra tion presented is, whether the defond ants are personally liable os drawers in this case. In our judgment they are not, and ns there is no material error in the charge of the Court to tho jury, or in refusing to charge as requested, and the verdict being right, under the law, ap plicable to tho [sets of the cose, we are of opinion that tho jndgment should be affirmed. Lochrane, C. J., concurs: McKat, J., dissents. Lyon, deGraffeuried A Irwin, Jack sou, Lawton and Rossinger for plaintiff; Harden A Levy, oontra. Cegal Qkbmtieemonit, Georgia—Douglas County. A J. FARMER, AND H. C. B lIZEL, SAVING AP. PLIED to mo for permanent letter* of Adiuinia- tratiou on the eatate of Joseph Farmer, late of aaid by law, aud allow cauae. If any they can, why perma nent Administration should not be granted A. J. Farmer aud U. C. llalxol, on Joseph Farmor's eatate. Witueaa my baud aud seal, thia Oct. 14th, 1871. W. W. Hindman, Ordinary. Executor’s Sale. ,N THE FJRST TUESDAY IN DECEMBER, AT the City Hall, iu Atlanta will be sold, at Kxecu- half of lot No. 335 and 300 acres of lot No. 334, Stone's District, Fulton county. The land Uea about seven miles from Atlanta, road leading from Green's Ferry to East Point, About half the land is under cultivation, the other half well tlmbored. It lies well, and is desirable property. The half lot No. 335, haa a residence and other improvements. Sold as the property of Mrs. N. H. Key, deoeased TERMS—One-half cash; the baliance in twelve 01 oetlTvlawtds* 4. A. WILSON. Executor. GEORGIA, DOUGLAS CO. Ordinary's Orncx, 1 October 19th, 1871. j T^LIZABETH BENNAFIELD, haa applied for ex- -1-J smption of personalty, and 1 will mum upon the same at my office at Douglaavtlle, on the 4th day ol November next at one o’clook p. *. W. ,W. HINDMAN. oat NUT. Ordinary. ▲ RARE OPPORTUNITY FOB INFEST* ■ENT. Fine Flouring Mills For Sale. I orris vos sale my mills known as **j. W. Phillips Mills." on Bear Creek, Campbell county, 4)» milee northwest of Palmetto, on the A. A W. 1\ R. R. The building ta 34x38. three stories high; stone iundation 31 feet high—all in flue condition. It is a pair French Buhre, one of Ateopne. a superior California Biuntter. and turns out 15 barrels Flour, W bushels meal, per day. Haa a 13 foot over wheel—conld be M feet; never falling water power of 45 to 40 horoe; place easy of access— An# road to the Depot, and in a beautiful and convenient place for a Factory. J. W. PHILLIPS, oet31-d4tw3t Palmetto, Oe. flotcl Dimtorji. SASSEE K HOUSE, (Formerly United States Hotel,) EH A LABI > LANTA, GA. E. R. BAS8EEN, Agent, Proprietor. GEO. W. HAS SEEN, Clerk. REYNOLD’S HOTEL, NEW NAN - - - GEORGIA. [FORMERLY McDOWELL IIOUSE.] ntc Bell win Rates %% 00 PER DAY. W. AC. Reynoldm, octas-tf Proprietor. KENNESAW HOUSE, MARIETTA, - - GEORGIA, FFER8 PARTICULAR INDUCEMENTS TO families desiring Cheap aud Comfortable win ter quarters; only one hour's nde from Atlanta. Rankin II ouno, COLUMBUS, GEORGIA. J. W. RYAN, Proprietor. octSl-tf FRANK GOLDEN, Clerk, B RO W N’S HO T EL, MACON, GEORGIA. mHIS SPLENDID FIRST-CLASS HOTEL IS THE X largest and best Hotel in the City. It is situa ted immediately opposite the General Passenger Depot, and for Comfort, Elegance, Economy and at tention of its Employees aud attaches it offers great er inducements to the traveling public, than any oth er house In the Southern States. nov3-tf W. F. BROWN k CO, 1805 KSTABLI8I1KD, 1805 STUART RAILROAD HOTEL, Opposite Depot—VALDOSTA, GA. rnHIS HOTEL IS CONVENIENT TO BUSINESS. X pleasant)) located, attentive servants, and charges moderate. 0. T. 8TUART. nov5-tf Proprietor. LITCHFIELD HOUSE, AC WORTH, GEORGIA. rpABI.E ALWAYS FURNISHED WITH THE X beat the market affords novt-tf Atlanta & New Orleans SHORT LINK. THE SHORTEST it QUICKEST DOUBLE Daily I.ine From Mtanta to the .Wisstsslppi Hitter VIA WEST POINT, MONTGOMERY, and Mobile, lor NEW ORLEANS, ADD VIA WEST POINT, MONTGOMERY, SELVA AND MERIDIAN, VICKSBURG, And all intermediate Points. Double Daily Passenger Trains wiUruji on this ltoad as follow* ) Leave Atlanta at T:10 A. M. Loave Atlanta at 7:00 P. M. Arrive In Atlanta at 5:00 P. M. Arrive in Atlanta at...., 6:45 A. M. Night trains run through to Montgomery WITH OUT CHANGE OF CARS, forming a DOUBLE DAILY CONNECTION with trains of the Mobile k Montgomery Railroad for Mobile, New Orleans, aud all points in Texas, and with Train* for Selma and Meridian, Ala.; Jack- aon, Corinth, Okalona, Vicksburg, aud all pointa in Central Mississippi, Central Alabama and Northern Louisiana. Passengers will find this route 98 miles shorter than the Blue Mountain or any other route to Mont gomery, Mobile and New Orleans, and 47 miles short er to Selma and all points west of Selma. Passengers leaving Atlanta At 7:10 a. m., Arrive In Selma at 8:33 P. M. At 7:00 p. m., Arrive in Selma at 10:83 A, BACCACE CHECKED FOR ALL TER MINAL POINTS, 49* Fare as cheap and accommodations as good as any other route. 49- Ask for Tickets via Wckt Point and Mont gomery. 4A~ Tickets for sale at the oflloe of J. H. Porter, Geuoral Tloket Agent, at the Union Passenger Depot. L. P. OR4NT, Superintendent. W. J. HOUSTON, General Passenger Agent oct2-tf HOME Insurance Company, OE NEW YORK. Cash Assets. October 1, 1871 94.733.306 53 Losses at Chicago will not exceed 3,000,000 00 Leaving cash assets, October 13,1871... $3,723,306 62 ft. On tho lGth instant st s meeting of the Stock holders, it wss unanimously resolved that, sfter pay ing the Chicago losses, whatever they might be, they would make up intact the Cash Capital 2,500,000 MAKING CASH ASSETS $4,000,000! Til 18 PLACES THE HOME Upon the same SOUND BASIS it haa heretofore oo- cnpled, and gives to all its Policy Holders lbs best possible eeourity that oan bo offered by Any Company. THE HOM E Continues to Issue policies at all Us Agencies, and all saee will be promptly paid, as usual, CHARLES J. MARTIN, President A. F. W1LLMABTH. Vice-President D. i Watches, Jctsilrg, (fit. SOM ETHING NEW LAWSHE & HAYKES, THE OLD RELIABLE. T ) OUR FRIENDS AND PATRONS, GREETING. WE HAVE JUST Received and opened our Fall Stock of RICH AND BEAUTIFUL JEWELRY, Embracing all the LATEST STYLES of the BEST GOLD, and AT PRICES LOWER THAN WE HAVE BEEN ABLE TO OFFER BEFORE. Our WATCHES RUN FROM THE FINEST JURGENBEN down to the bwer grades ol SWISS AND AMERICAN WATCHES. In foot, we now luve a full, beautiful and almost entirely new stock. Co, ao uud See Us. Price and Bo Convinced. sej>tl9-d2m^ New Route to Mobile, New Orleans Vicksburg and Texas. Blue Mountain Route V I A SELMA, ROME, AND DALTON Bail road and its Connections. TJA8SENOEBS LEAVING ATLANTA D7 THE i a 8 I x la a n!Tc KAmSSIflBS at 10 A. M., making close connection with FAST EXPRESS TRAIN Of Helms, Rome and Dalton Railroad, arriving at .Selmaat 8:10 P. M. aud making oloae connection* with train of Alabama ' Central Railroad, arriving at Meridian 4:00 A. M. Jackson 11:50 A. M. Vicksburg 3:55 P. M. ALSO, make close connection at CALERA with traina of South and North Alabama Railroad, arriv ing at Montgomery 7:10 P. M. Mobile 7:45 A. M. NcwOrleana 4:95 P. M. The Road boa been recently equipped aud it* equipment ia not surpassed by any in tho South for strength and beauty of flniah. tar No change of car* between Rome and Selina. PULLMAN PALACE CARS run through from ROME VIA MONTGOMERY to Mobile without change. NO DELAY AT TERMINAL POINTS. Fare a* low aa by any other Route. 49* Purchase Ticket* via Kingston at tbo General Ticket Office, or at (he H. I. Kimball Home. JOHN B. PECK, General Passenger Agent. E. G. BARNEY, General Superintendent E. V. JOHN80N. Local Agent septl8-tf No. 4 Kimball House, The Palace Dollar Store. M 0 rO L. B. PIKE, PROPRIETOR. Good* sent io any part of the country. augI9-lm GARRIAG-BaT Buggies ! Harness I! I N CONSEQUENCE OF THE DULLNE89 OF THE season, and haviug a larj<o iiupply of tho above on haud, I beg to announce that I wiU sell my pres ent »tock at considerably REDUCED RATE8. For workmanship and style, I have a well-estab lished prestige; and 1 have long maintained a oom petition against every other in my line in the STATE OF GEORGIA. Parties visiting the Fair will find it to their inter est to give a call at my Repository. Also, keep a foil stock of Carriages, Buggies, &o made by KIMBALL BROTHER 4 , Boston, octieim A. T. FINNS mi'RRAY‘8 LINE—NEW a IRK. Sr SAVANNAH. EVERY TUESDAY fbok each pom. INBOUANCE BY 8TEAMEM OP THIS LINE OKU HALF PER CENT. X VIRGO, BULKLEY, Commander. Compose this line, and one of these steamship* leaves each port EVERY TUK8DAY. Through bills of lading given by these steamships by ail railroad connections, and also through bills lading given in Savannah on Cotton destined for Liverpool and Hamburg by first class steamships.- For freight or passage, apply to HUNTER k OAMMELL, 84 Bay street. PHILADELPHIA AND SAVANNAH MAIL STEAM SHIP COMPANY. HHMAjtDKLHUIot jIJITD Al- I'JlArjrotH. EVERY SATURDAY now oacb ran INSURANCE ON OOTTON BY STEAMERS ON THIS LINE ONK HALT PEB OJtNT. CABIN PASSAGE DECK, with suhaletenoe ie This Ur* is oompoaed of the first class steamships r passage, apply to P HUNTER 4 OAMMELL, 34 Bay street. For New York, THE GREAT SOUTHERN STEAMSHIP COMPANY. , EVERY THURSDAY. Insurance by thia Line oan be effected under cm open policy at one-half per cent, CABIN PASSAGE The first class steamers Herman Livlngitsae, Chessemau, Com, Gen. Barnea F. G. Mallory, C\oa, WIU aaUts foUows: H. LIVINGSTON October Gth. at 12:30 r . “ " 90, »t 12:30 v GEN. RARNES »< J3, at 4:30 r. “ '« 37, at 4:30 r. BUla of lading glvan hereon ootton and wheat thro, to Liverpool aud Hamburg via New York by first close steam era. For passage or freight, apply to WILDER 4 FULLARTON. novfl-tf No. i Stoddard's Upper Rang*. THE Baltimore 8s Savannah 1,000 BUSHELS Red Rust Proof Oats Steamahlp Zilno. LJTKAMSUIP '‘SEMINOLE" U,K0 TONS), C.,t C5 S. H. MATHEWS. 8 Btomrtip ORIENTAL •• (7M too.), apt F. K SMlIng from uch port on the loth, 00th uul Mh of every month. Through bills of lading given to principal point* South snd East. Freight and tnsuranoe at low rates. Good pu* sengcr accommodations. *ept36-tf Gao. M. Lvov, Assistant-Secretary. JNO. C. WHITNKK, Atlanta, On., Sooth Carolina, Florti ippL oct.U-lw Dissolution Notice. fPHE FIRM OF MESSRS. BRUMBY 4 McPHEU- X BON is this day dissolved by mutual ooneeat, Wallace McPherson to oonUnue the boslneai at the stand. No. 108 and 105, Peachtree street, when be wUl be gled to see the many friends and patron* of the late firm. aovT-fit “ CHEAP COAL. LANTA LUMP CO*L by the Car Load. Load- Oar* at our Lilacs at fle per. bnehei, or will deUvertt ou Cara, in the city at 23c per. bnehei; also, floe Cool on Cara loaded at mines at 4c. per buabol. Thia ia the loweat figure Coal ha* been furnished parties purchasing ia large qualities. We claim that cool is equal to any, superior to a great many and inferior to none. EEKNEDY 4 MORROW. Coal Merck seta, Knoxville, Tenn. A|p>nta Wanted 1*op GREAT HISTORY OF THE WaR. Complete In one volume. Send for circulars with terms and a full description of the work. Address National Publish ing Oo.. Atlanta, Oe.. Philadelphia. Pa., or St. Lonio, Mark W. Johnson’s, 0Pr08ITE Cotton Warehouse, onj Broad Street. ALSO: 300 Bush. Selected,Seed Barley, *50 Bush, seed Hye, to arrtrr J 500 Bush. Seed Wheat, *10 Bush. Bed Clover, *15 Bush. Bed Top or Herds Brass. 2*4 Btssh. Orchard Brass, 100 Bush. Tati JTIendow Oat Brass, to arrive, 175 Bush. Blue Brass, and all . _ _ _ -Awl of Director*; other useful Brasses, v —- ATLANTA 500 Ctrl. Fresh Turnip Seep } V ^ ALSO: 1 OO Tons Sea Fowl Ftiwan a,id other Guano, for Wheat, Etc. ALSO: 500 Dixie Ptoses and other Plows, from $3^50 to fS 50, cheaper than home made “Scooters." ALSO: The Belter Patent Brain Brill, For sowing Wbest, Etc. HTEAM8IIIP COMPANY, mHE STEAMSHIPS OF THIS LI1 J- Either port every five (5) day*. Through Bills of Lading and Passenger Tickets, issued to all points in Georgia, Alabama, and Flori da. The ship* ore aU first class, and oompoaed ai fol lows: Saragossa....,,.,, Capt. HOOPER. America Capt. BILLUPS. North Point Capt. FOLEY. Fannls BOSTON A8AVANNAII /k Mark W. Johnson’s, p. o. box aa, AttoaK Ofc the I’lllL.inELPHIA AJiD ATLANTA WINE & LIQUOR CO. No. 3 Broad Street, ABE THE SOLE AGENTS FOR THE NOTICE TO HUPTURED PKRStyN&.f" v ZH. use* loin iuatant, wiD* «• '* ABDOMIN^ll^^u. OF RUPTURE, Without inconvenience to the Patient, or restriction in Exercize or Diet. INC devoted his time exclusively to the stud y and treatment of Abdominal Hernia, in its varu>u» forms and stages, respectfully announce* to Uw public that he has opened an office, Room *Vo. 3. Capitol Building, Atlanta. Go., where, during bun- ness hours, each day. he can be oonsultod. During an experience of over twenty years, Dr. R. has treated several thousand raptured patients of both sexes and of all ague, a great number of whom were restored to health, vigor and a sound body. This has been effected hy assiduous study and **»• nae of his invention*, In conjunction with hi* popu lar remedies, being an eiternal application promot ing a speedy and permanent cure, without the *«>• ferine* and injuries resulting from tho rigid and in to be annoyed by a return ot I be enabled to take the moat active exercise n c* on horseback, with perfect security sgsiuat the dangers of strangulated Hernia. Dr. R*wi>« Abdominal Snpportcr. Bellof and cure for Female. Uterine or Abdominal i weaknesses. Corpulency or general Debility. light and comfortable. i The New York Methodist, of 9th May. 1886, highly recommends Dr. Rowe's snoceeafol treatment I RUPTUIUC8 and DEFORMIT1K8. The editor h«* extensive acquaintance With liis pattenU. and posi tive knowledge of very wonderful cure*. li»* Ulfrr .' fore invitee the eorneet attention of the arth« u*» and the closest acrutluy of the profession. No charge for examination under any circtinintan- ere whatever. I invite Ut* ruptured, aud all I"*- sona luten-eted, to call and examine for them*** I"* Positive certificates of many radical cure* esu l < ahowu—among others, several clergymen. Don't forget the add re as, DR. J. L. ROWE. Room r Capitol Bull 'ing novfl-lm. AtlauU. «■» Danforth’s Dentrifrice. TjYOR CLEANSING AND PRESERVING THE X 1 TEETH and Purifying the Brmth, is the best preparation in uea. For sale by riT-tf RED WINE 4 FOX. NORTH GEORGIA Fe male College* T HE RECORD QUARTER OF THE FAlX 8L<- WON will open on MONDAY, the 13th inau- 1 4V* Room for Seventeen More. •ov3.tr A. J. HAILE.