Georgia Historic Newspapers

    PNM Mr XTMiBC Uitta «T (to 14kt
MXLAMTA. OA-
Jcur 25,1872.
•rulif'a (,l|«fk.
TkSMowtef to (to fpitoph eloicn
Ore'll?, to be plaoedon hi*
Mnr * to vrtMm *» my grave thall
WMr Mil • /oflomor / (to Desemdk
parly, amt Uted anJ died in wAtng tte
"Grant aedhispeticy*
hlghedtrattl —paae*
i the vary
•i on priaoipto, not authority. H
authority—;!■* woo authority—;
srsssessiSitsa over belurc Iio U'K*p
and he never
“SUjmpie <f the United Striae Imou
UnmetVrmt-huee knot*aSatoto*to»
aftora Bonehmand Vkhebuep; they to not
It bailt Hfodeefoious needed UUU bol-
United Strieeinon storing Tlwy raraldti.iid aW,
Bat to exemplified mod rue ooniln
nation o< glfto, bang greet, not only u
a Judge, tot ee
t, and da net care In
‘•mse anmUng Oeri^l of every Se-
pulticantohU tnUrammdedehoiter/a can
didate far next Prevalent unU a nomina
tion is made, I wndare to tugged that Om.
Grant w& infer better qualified for that
wfflnrrtfr— treat he 1872 than he mu in
1888.”—Hosac* Omni.
"to XtoMintot national triumph
nrtr thoee mho d
a I mention *> purer rf. thoee
their mate in Oeynee and Aeir plaeee
under the tad Dtmooridie Presetted to
ptmyete temdey tote the Bed tea t/eeeee-
— ■ - heart, the tool
riy it the rebel
,iat,tvtr.
Judge UiUp Mophmi.
xqela emUnrta ail polor aul modal
to mat apuur
la onr private grief tot oar friend, it
to diffloalt to realize the extent of tbe
pnbito loei arbtob toe befallen Qeorgit
in tbe death of tbto, her diitingniihed
tber from it As one vrbo fools it deep-
tor, ig both (to publio and private aopeoto.
I am oonstreined, in ndvanee of tluefall
reeltoation, to per the partial tribute
osltod tor at onaa to sffraUon ead admi-
ratfon. If the pnnrattre be »t all life-
•Uto, towili raeefva many a reepoua from
nddmad hearta tbeeoghoat the length
and breadth of the State.
Tiilea greet qualities Sited him for
eaioMtpuWfo aaefnineat; greet eepacl-
tr, Honesty end Fidelity. Theso quali-
ttoe inapired their proper counterpart la
others, ard gavo him («hat wai no leza
neeemary), too entire, deserved and fa
miliar Gou&Jence of the people of bfs
native State.
Hie capacity was great, not only of
thought, uxumlmg over n very wide
range, bat r.l-o of • xpivM-ioa, end that
not limited to tliii.kire only, like bim-
eeif, bat embracing the common mind
at well. He di>l tint live and reason
apart from other men, l ot waa one of
tfesb number —in uoeoid with their
pandas and habits—undentood them,
and aaamapad hto own thoughts to them
in strong, rigorous Anglo-Saxon, like
BqJUbg^vnth a plain stamp.
meaty waa not lam great and va
kil intellectaal endowments,
a publio and private life,
landtongue. He waa an
r after troth. Falsehood in
to detested and despised.
J ton troth in hto heart. His in-
pal appetite craved troth u its
caatriatent, and hto tongne was
r eandid and alneere. He was, in
. fait what he seemed to be.
Snob qualities justly oommanded the
publio Uonndenop, retting on a strong
mnsdatten of tried merit. That alow
nowth had become, alter long and varied
Sato, deeply rooted and vigorous in tbe
nnbUo mind, and it met no oheeks or
dnariMfe*.*s hto part; for he waa honest
with himself, and ilia gold had been first
triad in tte Art, for his own one, before
it was oflartffJBr enrreaey among others.
And an to was a bulwark of ?ublic
iMtid Ull thfy km
torn weighed in BT ‘ *
■gain, aoder very
end not found
mean that he
wane man. Bat
dtogeised. Ha waMSte madk, aid his
toSSwere belfe 3ow° tlraTlhelr pal.
llations and his struggles against them.
Snficeit to aay, thy were not those of
e selfish nature. Let none jadge of
them harshly—only sorrowfully — for
ttoy injured himself more than others,
and deceived no one. .....
Hto death occurred in las full iutel-
I actual prime. Hia son went down at
the high noon of hto (acuities. They
were very remarkable, and very reliable.
He was grown in a great school, accus
tomed to emergencies, fall of resources,
and toady with them—a trained intel
lectual athlete, belonging to himeelf.-
seff reliance was great and well founded,
and inspired the full oonfldenee of hto
bearers. Few men had so thorough pos
session of their own faeoUiea.
Asa Judge, hto deoiiions were found-
i - - v . — r_ — 1/.. ......I.
He aisde
lot he
as Advocate, before
Court or Jury, or on the Hastings, in
esses civil or criminal, upon questions of
bw or fact, in the preparation, at the
trill, or in the examination of witecsses.
Indeed, a measured estimate of bis
faculties, would be regarded extraragaat
Saab power did a high intellect acquire
under tbe guidance of hoses*. He
grappled with great problems with a sin
gular mixtoro of abstract and practical
power, of subtlety and ooaman sense,
in Kb perceptions of troth; sod, strange
to say, when he want himself into the
very heart of then problems, he was usu
ally able to cany others along with him.
This brie! notice would be incomplete
if I failed to my he voa a firm believer
in Christianity. I remember the marked
^ the-South, unth tie Northern emphasis with whioh ha ones expressed
-j asi.. c——f i—. wttiUS!S!2oSi.“ h. umUtJ-
duty td Pretottheg our dluenein thetr fun- mtA ^ sobsteatullj, that with this
dammtal riglU t U> pau and en/oret lav* intervention of lteity, all lower
nr As eemytdttm ef the etarahU Xn- ^ mdUuy miracles, introducing tbe
i eenmraov; and V it has not the Christian system tour uktod, followed
power to tbit, then 7roy our Government M p ropw evidanoe, m am.ten of coarse.
it no Qovenmmt, but a stem. I there- ^ mumgr was, the gnat, huge fact
iar *} stood out first, unmistakable, and its
“e$£ff£&f&ZSbhf&t Sd3JSr d " od " ,, * r * wp,rad ’
it dues nUjgrtm etrtmq enough to tfba tte T |, 0 p„j,ii 0 ) ou ,, indeed great, tbe
purpoee, I hmeitamtemM^nrmger amt —p igft w £dc and yawning, Buoh oapao-
etrmeger. —HORACE GREELEY. {ties, so bandied, loot nt any time to any
State, would be s calamity. By Georgia,
and )nat now, it to peenliariy felt And
yet, to aay fanwell to the man to harder
i ban to my it to the statesman, tbe jurist,
the publio servant. That nepeot for his
oharaeter which delighted to do him
public honor, and to apeak hia praise os
he peer of the first statesmen of the
country, to lost in that deeper feeling of
affection which found familiar expression
in simply ealling him “Linton, n name
Whioh, in the wide limits oi Georgia,
and in many a circle beyond, to fuu of
meaning, aad needs no appendages and
no tribnta. “Linton 1" It calls up the
whole nt once of that noble nature in
whioh was garni wad so much of pnblio
and private worth, of intellectual treas
ure and training, of friendship, honesty
and tenth.-
If aaoh the lorn to the public and his
friends, what to it to the nearer oirele?
We cannot intrude here. We eon but
com mead them in thin hour, to a eonso
lottos aad sympathy above what human
ity oari give. Theie ia an awiul Power
to whioh all must bow. This Power,
alone, hoe the balm to heal the woundB
which it lias made, audbiud up the hearts
it has broken.
Mercifully, each day draws us closer to
the future—leaves a veil betwixt us and
the past The earth of onr State now
teems with the loved and the lost, who
went to her bosom before the lapse of
thoallotted threescore years ana ten.
Another name worthy of Westminister
Abbey is added to the honored Dead oi
Georgia. Samoki. Bahhett.
PROCEEDINGS
stas* Convention
Dishonesty shrank from hia
' aad felt mfa in hto hands,
telloct of extraordinary
ohamptouahlp, aad
i<W—eapabls of rigorous ac
tion upon subtle and delloato points—a
grasp of a suhjeot, perfectly vies like—a
whtoSTeat through alf vapors—wero at
lari. A dear, general view of the entire
suhjeot, tn iB ite relations, and in Us just
proportions, enabled him to systematise
hto thoughts and adjust himself toa c
with wonderful
lusted ia
UMrg^ oi expression.
ierfui rapidity. He never
hrrertigwMa Oil ha touohed
bottom, and iromthe rook once found
ha oosud hardly ha dislodged by any
farm of sophistry. II he had any dlffi-
oulty, it vrm in us hearen
of dherimlnation to pep
ftttoifs! dhUifitioMi jjq
inaoniQiatad
Mfetuc nufoiae, m
■how nice prints even to i
y, it wialn hto hsaren, in their want
to Mtwlvs real, not
Rat this very to
ed to hto scheme
, to that he ooold
> dull eyes.
Bat it win after all the honest heart
1 ail this—of which the intellect
aad will wees the men exseutive officers
anon red the public
t with alt them faculties
“ tad not barm; that he
/deceived himself,
but wwrid test williagiy daesivu
Of Ms nowvn to that tometeou w.
apeak, for they wen not put to the test.
The warmth aad etooarity of his per
sonal friendships explains something of
XtisslrszizSt's:
puhiis smi pnvato oharaeter wan all of
upturn. Ouly, to hto private iatoraouree
there wm hieompambly meqp of tendor-
1 oharaeter of
ri them toauppoM who
arm is hto iutoreoorm with others, and
waver gave wilful or intentional offense
to anv honest man, to any dull man, to
the wash or the helpless.
All these Iraits were big, plain and
dmtoct—uo mlaiske about theih, nor
■Dost the min. And the people knew
that they understood him. ^r hadbmn
Physical Training In Schools.
According to the Trojr (Ala.) Net ten
ger, the Female College in that plaoe is
achieving enviable distinction, mainly
from making in ila course n marked par
ticularity of phytioel training. This
popular branoh to under tho instruction
oi Miss Ida Hurley, fiaughler of the
President: She learned the aysiem prac
ticed from Rev. Dr. ‘Haolilton, of this
oity, duringhiapresidency of acollege for
young ladies in Cnthbert, Qa. It to the
s.imo health-giving and admirable train
ing whioh the Doctor has so favorably
introduced into thiaoily. One of the
Meetenger editorials says;
"It to a matter of hearty congratula
tion, even at this late day, that a thor
ough system of Phyaioal Training has
been introdnoed into our aohools, artnlc-
mies and ooliegea, and that girto and
young ladies, as well as boys and young
men, now enjoy the invaluable privilege
of aecuriog full physical exercise and de
velopment In tha past until a few
years siuce, it was all study and no play;
but now, under tbe new system, a healthy
action of tho body accompanies the de
velopment of the mind. Of the system
adopted in tho Troy Fcrnalo College,
Prof. Hurley soya:
Tbe distinguished author of the sys
tem, assures us that its exercises are es
pecially valuable in cases of incipient
consumption, dyspepsia, and general
mnsoular weakness, insurging the regula
tion of associated mpastes, and tea cor
rection of antagonistic groups whioh, by
their unequal development, canae the
various forms and degrees of crooked-
new and deformity ao prevalent in the
femnle world. Fronerly taught. Ike ays-
tem cannot fail to Impart to the pupil
rotundity, graoo, agility, suppleness, a
good eye, and a ready Land, m well aa
robust health, solid strength, and power
of ondaranoe. The wen oheeks, stoop
ing shoulders and sunken ehesi that
everywhere meet the eye and pain
the heart, demonstrate the need of physi-
oal culture with n convincing force whioh
neede no other argument. The body to
not only mdly in need of education, but
it to highly suaoeptibU of improvement
in overy respect by educational appli-
anoes; and we oan hut regard aay sys
tem of education vitally defeokre whioh
not provide for phyaioal aa well as
mental and moral training. ‘A sound
mind in a sound body,' is tha marim (or
the boor. It to gratifyiag, however, that
the bast edaoaton are gtvihginnmming
attention to the aubjaot; ana, we doubt
not, it will soon win tho promintom it
■o well deserves in oar system of edn-
mtion.
Pursuant to appointment, tbe State
Convention assembled in tbe Hall of tbe
Honae of Representatives, to-day, at 12
o'clock, is., and was called to order liy
Hon. Julian Hartridge.
Oa motion of Mr. Hail, of Upson,
Gen. P. If. B. Yeung was oalled to tbe
choir m Temporary President
On motion Hamm. J. D. Waddell, L.
Carrington, H. L. W. Craig, and T.W.J.
Hill were requested to act as Secretaries.
Gen. Young, in taking tbeebair, stated
that white the duties of the Convention
wero pleasant in maoy particulars, they
were all solemn, and on their prompt ex
ecution depi-uded, ill a great degree,
tho future character of tho government
whether it shall be oue that violates and
tramples nadi r foot tbe principles ot the
Federal Republic, or one which will pre
serve, uphold and maintain theCoastito-
tton In all the prime sod amawthi fminim
that offset the liberties of tbe people.
Tbe counties were then oalled, aad tbe
name* of tbe delegates famished tbe
etorks.
On motion of Hr. Exsard, of Fulton,
a resolution sotboriaing members of the
Lfghtetote to represent counties not
represented hi tbe Convention, waeadopt-
ed, on oondition that such representa
tives had been requested by their conn-
ties to set in that oapaaity.
Hr. Cliflerd Anderson, moved that
three from each Congressional District
be appointed to report names for perma
nent organization. The motion prevail
ed, and the following geitlemen were
nppointed:
let District—A. R. Lawton, 3. C.
Nichols, Love.
2d, G. J. Wright, W. H. Tomlin, W.
D. Williams.
8d. W. A. McDougald, J. H, Fannin,
W. L Hudson.
4ih. Clifford Anderson, A. 8. Hamil
ton, D. B. Sanford.
6th. R H. Pottle, J. B. Camming,
B. W, Carswell.
6th, W. E. Simmons, J. B. Carlton,
. McMillan.
7th. W, H. Payne, J. C. Branson, W«
. Newman.
The committee then retired. Upon
returning, the Chnirmnn, Hr. Cliitoid
Anderson, reported the following names:
President — Thomas Hardeman, of
Bibb.
Vice-Piesidents—lot Diairiot, A. Par
sons, of Johnson; 2d, Hon. Herlwrt
Fielder, of Randolph; 3d, J. M. Hobtoy,
of Harris; 4th, J. D. Stewart, of Spald-
iog; 5th, J. G. Cain, of Jefferson; 6tb,
Sam'lF. Thurman, ot Clarke; 7th, Lewis
Tumlin, ot Barlow.
The Committee further recommended
that in nominutiooa, a majority shall da-
ride, and that aa far m applicable, the
rule of tho House of Representatives be
adopted for the government of the Con
vention.
On motion oi Hon. Julivn Hartridge,
James M. Smith was nominated by ac
clamation unanimously for Governor in
the Convention to-day.
Some California Xtwi.
Mr. Ed. Parsons, of this city, Los
letter from a friend in San Francisco,
from whioh he very kindly allows some
extracts to be made. The letter bears
date July 14th, and contains the follow
ing items of news;
“Our groin crop is splendid, and tha
demand for it good. All the ships in port,
and to arrive for some time, are charter
ed to load with grain.
Tha outlook tor San Francisco aad the
Paoiflo coast for the future to favorable.
Productions this year of grain, gold,
wool and wine, for export, are estimated
at 180.000,000, and there will be plenty
led (or home consumption.
For some years real estate in tbto eity
has been at a stand-still; but with a pros
pect of a 35th and a 82d parallel railroad
cost and an increase of commerce with
China, Japan and New Zealand, it to now
looking np, and I look to see a healthy
advance soon. If the railroads spoken
of aro a luooess, emigrants will come in
and settle the vacant lands of California
and Arizona.
Aa to Grant or Greeley, it matters not
with me, whioh wins. I could not aban
don my Democratic prinoiplea and vote
for Greeley, who, for thirty years, pour
ed upon Ihe Democratic party, the viola
ot hit gall, though some of the halt-
breed Demoorata Took upon him ae their
new-foand savior—a bright light within
a lantorn. U. L. W.
PROCEEDINGS
or run
Georgia Legislature.
WUWXADAY. July He 1172.
Rohm called to order bj Speaker Cammlog.
*n/er bj Ujy. Mr. Heidi.
Mr. Speaker Cummin# stated tLat, upon
ttoa, bo bed decided to reYerto tbe ruling which
wm sustained with such pertUlUy, on yeeterdey, to
reference to the previous queetiou. He announced
that, more to defence to the uniform practice of her
predecessors, then to other autburitue. He wm of
opinion that the “prerioua question" exhetuUd the
question before the House.
Mr. Glens rose to • question of privilege. He
■feted that in the report of tho Committee to inves
tigate tho official conduct of Bofos h. Bollock, his
name occurred ss one of the attorneys employed by
Bollock. He offered a resolution that a committee
eoudnet Upoa aa explanation by the C
hie
tbs Ooaunltteo, the resolution wm withdrawn.
Mr. Bacon arose also to a qoeettoa of privilege-—
He said: Mr. Speaker, I arise to a question of privi-
I hold in my hand a copy of tha report of
mmlttee appointed to Investigate tha official
conduct ol Rufus B. Bulloak. Id that portion of the
report ralethro to lawyers who had motived fees
from Bullock, occurs th« following item: A. O.
Bacon, for service rendered under Executive enter,
$1340 OP, “1 simply dr airs to say now. that
■fit is utterly untrue, ftlcce Bullock
Governor I have never reoeived one dollar
out of tha Treasury of tha State on any account ex
cepting «y pwy M Presidential eleotoc la 1N8. and
my ptr diem and ■ Usage m member of this Legis-
tonm. On the contrary, f 1.9M was o/«r«i
/destinedIs rtctiwt it. U l shall have i
to toy on this subject when
■hi If ansi in its order, In
to wu and
soateiiag
i report •
forbear/
the feet wm furnished by s member of tha Commit
toe, at an informal meettsg, and, at his suggest.ouj
ttwtessessdsdin a spirit of Justice to others, who
had beta isprsstntsd ss attorneys employed by Bui-
toefe Ms wm glad that fee gsatUrnaa had made the
■^patton—tCTths MmHfeteteife
exonerating Mr.
uFi.*TJ's*<J '
was art tel, hat—
the Committee wm BMnhnnus, their proceedings
I were harmonious, sad that It became their duty to
reportaU sets of Balteak that were executed in vlo-i
lafloiof the Constitution. He accepted, however j
ref the Committee, stated
torney la s railroad
mnemhmed aright there was evidence
having been drawn for the amount of the fee la fevar
of the gentleman.
Br. HheseU, of Chatham, offered tha following
resolution:
Xeesltwd, That this House has heard with deep
regret* the announcement of tha death of Hon.
John J. Kelly, member of this House from
Chatham.
of Chatham county, whom the deoeased ■
i Hoorn wear a badge of mourning during ihe
Ull 0 o'clock fo-morrow morning.
A nice way to get one's bools cleaned,
daring these daily times, mye a Chicago
paper, ia to struggle into a crowded om
nibus aud wipe them upon tho passen
gers. A good many gcntlcmeu ore at
prcucut avoiding upot-biseks and ten
oent expenditures by adopting tlito
agreeable practice.
ff* Hero to an interesting story ot
John Qaincy Adame, which bee never
before been told. Some years before
bis election to tha Presidency, while
walking in tha neighborhood of hto
home, he stopped to sympathize with
an Irishman who waa engaged in tome
diaagreoable occupation. To bfs words
of sympathy, the laborer replied:
Hr. Adams mid he was aa much aston
ished to hear a quotation from hto favor
ite) author, by inch a person am id such
surroundings, as ha would have been by
a remark from one nt hto oxen. On in
quiry he found tbe laborer had barn ed-
noated in a Catholic seminary in Ireland,
and waa working toobtain means to con
tinue hto studies. Their Horatian sympa
thy drew them together; ha entered into
Hr. Adams' aervioe, aad for zsany yean
they continued, in their different rela
tions, attached friends.
Damages
b, the
From the Borne Courier, ot betarday t
we get the following items:
We ate told that the North and South
Railroad, between Caiera and Birming
ham, will have to be nearly rebuilt, ao
much damage has been done by ihe re-
oent freshet.
We learn that then are twonly-mveu
breaks in tha Alabama A Chattanooga
Railroad, betwaea Alalia aad Birming-
ham, and that it will probably be two
months before tha oan aan again rua on
that part of tha road.
The mall train on the Selma, Roma
and Dalton Railroad, ran through over
tho entire road, last Thursday, and con
tinues to run on regular schedule time.
The officers have used commendable en
ergy in repairing the damages occasioned
by the late rains.
tkc Constitution.]
IlKAte HGT5J OW THB DMCIBIO.XS OF
*HM IVPRBMR COURT OF GEORGIA,
Delivered in Atlanta Tueulay, July 23, '72.
Elizabeth Cowart vs. James A. Revere.
Refusal ot Certiorari, ttom Sumter.
WARNER, 0. J.
This was en application to the Judge
of the Superior Court for a certiorari ou
the ground that a Justice of tbe Feaee
of a militia district in whioh the peti
tioner did not reside had foreclosed t
laborer's or meohanie'slien and issued sn
execution. The oertiorari was refused,
the petitioner excepted. It does not ap
pear in Ihe petition that the lien fi. fa.
waa not to be levied on property and ex-
eonted in the militia dtotriot in which the
petitioner resided, or that she bad filed
a counter affidavit as reqnired by section
1270 of the Code, or if ahe had done ao,
that the proceedings would not have been
returned, end Ibe cose tried in this dto
triot in which she resided. Let the judg
ment of tbe Court below be affirmed.
John B. Worrill for plaintiff in error;
no appearance for defendant-.
Sterling J. McG'rory vs. 8. A. Sellars,
Administrator. Ejectment, ,from
Schley:
WARNER, C. J.
This was an action of ejectment brought
by the plaint IT against tho defendant to
recover tho possession of a lot oi land
in the county of Schley. The plaintiff
offered in evidence the record book of
the Court of Ordinary, containing the
original order grrntin^ letters of admin
istration to tho plaintiff, which was ob
jected to, and the objection was over
rated by the Conrt. The plaintiff offer
ed in evidence an award of arbitrators,
set forth in tbe record, which wu ob
jected to, and tho objection was over
ruled. Tbe award had been made the
judgment oi the Superior Conrt The
fact that exceptions to the award had
deen filed and withdrawn, did not moke
it any the leas the judgment of tbe
Conrt. The record containing the orig
inal order granting tbe lettera of admin
Utntion, wu properly admitted in evi
deuce. Tbe defendant’s disclaimed title
to the land, and, under the charge of the
Court, the jury found a verdict for the
plaintiff We find no error in this rec
ord. Let the judgment ot the Court be
low be affirmed.
Hawkins A Guerry, C. T. Goode, rep
resented by Z. D. Harrison; E. H. Wor
rill, Clark A Goal, for plaintiffs in error.
B. Hill, H. H. Btondford, for defendant
John W. Jones va. A. A. Adams. Com-
ptoint from Sumter.
WARNER, 0. J.
This wu a motion to set aside a judg
ment in the Court below, whioh had been
obtained on an open aocount without any
proof of the account before the Conrt,
the defendant not having been pereonally
served, hot tha Sheriff’s return shoved
that the defondtnt had been served by
leaving a copy at the defendant's. The
Oonstnation of 1868 declares that tha
Court shall render judgment without the
verdiat ot a jury in all eiviioaaas founded
on contract, when an issuable defense is
not filed on oath, bat the Court mast
have before it satisfactory evidence of
the contract. Tha 3405th section oi tbe
Code declares, that in ail cases oi
anito on open accounts ia the several
Courts ot tbto State, whan tha writ
or prooaaa has been served pereon
ally u the law now directs on the
defendant, and there to no defense made
by the party sued, either in person, or
by attorney, at the time the caas to eub-
mitted for trial, tha plaintiff shall be
permitted to take a verdict u if eeoh and
every item were proved by testimony.
When there has not been pereonat ser
vice of the writ or ptocemoa the defen
dant in a suit ou aa open eooount, the
plaintiff mutt prove hu aooount to the
•atiafaction ot the Court by oompeteat
testimony before he to entitled to a judg
ment, altnough no toauable defense has
been filed ou oath. An open aooount to
not such a oor. tract as tha Constitution
contemplates, To authorise tha Conrt
to render judgment without proof on an
open account, there moat have bmp per-
eonai earrice of the writ or proceaaffin tha
it. Let the judgment of the
Court below be affirmed.
B. Worill tor plaintiff in error; Goode
tordehaftont.
Levi Johnson vs. the Uayor aad Coun
cil of Americua, et aL
WARNER, O. J.
This wu an aotion of teeaapaaa ei et
armit brought by tbe plaintiff against
the defcadante to recover damages for an
alleged «■!— imprisonment On the
trtolof the case, tbe jury found a ver
dict for tho defendants. Exceptions
were taken to the rulings and charge of
the Court u specified and set forth in
the reoord, whioh are assigned u error
hare. It appean bom the evidence in
the reoord that the plaintiff wu arrested
ia the oil/ of Americas for disorderly
conduct Ik violation ol the ordinances of
waa made by Lee
re acting os police-
of the City Coun-
>n Ibe 9th day oi
nt any written war-
m utiff was confluRd in
the gourd house of the city until 10
o'clock next morning, whin ho wee
brought liefore the Mayor, and he plead
guilty to tile ciiarge agniuet him, ami was
fined ten dollan.
The main quRetiuu in Ihe cute in,
whether tbe defendants were prote cted
in making the arrest of the plaintiff aud
confining him in the guard house, under
the provision:! of the charter of incorpo
ration and the ordinances of tbe oity of
Americas. Tbe 20th and 26th sections
of the act of incorporation confers the
power and authority on the Mayor and
City Council of the city of American, to
enact the ordiuanoee under ihe author
ity of whioh the plaiutiff wu arrested.
But, it is said, the act of incorporation
and the ordinances are unconstitutional
because they authorize tho arrest to he
made without a written warrant or pro-
oese. The Code authorizes an arrest to
be made by aa officer or private person
without a warrant, when the offeusois
committed in hia presence, and there to
likely to be a failure oi jnstioe lor want
of an officer to issue a warrant. Code,
4G26, 4627. The provisions of tbe Code
upon tbto subject, is nothing more than
tbe affirmance of tbe principles of the
common law. 4th Black. Com. 292.
In eveiy case of an arrest without war
rant, tbe person arresting should, without
unreasonable delay, oonvoy the offender
before the most convenient officer au
thorized to receive an affidavit and issue
■a .1 rant, and tho fmprieonmout of the
offender bovond a reasonable timo allow
ed for this purpose, would not bo legal.
Oodo 4628. Tho Act of incorporation
empowers the Mayor and City Council
to establish and regulate a city guard,
Who aboil have the right to take up all
disorderly persons committing or at
tempting any crime, and to commit them
to the guard house, to await their (rial
the next day. By tbe 28th section oi tho
Ordinances of tho Oity, it is made the
duty oi tho Marshal, Deputy Marshal
and Policemen to presetvc order in the
city, to suppress ail affrays and riots, to
arrest all drunken, disorderly or riotous
persons who sre disturbing the peace and
3 uiet of the city, and commit thoui to
te guard-house, or bring them bo-
fore the Hsyor, to be dealt with as
the evidence produced shall warrant.
Ia the opinion of tbe General Assem
bly, in conferring tho power upon the
Mayor and Council of the city ot Amer-
ious to pass the ordinanoe under whioh
tbe plaintiff wu arrested, his arrest and
detention in the guard houso without a
warrant nntii the next day to await his
trial, wu not an unreasonable delay in
bringing the offender before tho proper
officer for a hearing. Construing the
Constitution in the light of the common
tow in regard to arrests without a war
rant, the Act of tho General Assembly
conferring the power upon the City
Conneil, or the ordinance thereof now
complained of, are not unconstitutional.
The arrest ana detention of the plaintiff
without a written warrant, until tho next
day for a hearing of hto coso before the
Mayor, nnder the statement of faots dis-
oloeed in the record, wu not illegal.
Whilst it ia the duty of the courts to
proteot the liberty ot (he citizen, it to also
the duty of the courts to protect society
against the wanton and illegal exercises
of that liberty.
The plaintiff at the trial objected t<
those of the jurors included in the psnel
of twenty-four who resided within the
corporate limits of tho city of Amcricus,
for caoso, being incompetent jurois to
try tho case. Tho objection was over
ruled and the plaintiff excepted. What
number of tho twenty-four resided within
tho city limits, or whether they were all
stricken by tho plaintiff in selecting the
jury, the record docs not inform ns. Ac
cording to tho rnling of this court in the
oase of Tho Mayor of Oolumbas vs.
Gootchius — seventh Georgia Reports
139—the jurors who resided within
tbe corporate limits of the city wore in
competent jurors, and it wu error in tbe
oourt in overruling the objections to
them. But in our judgment, inasmuch
u the verdict of the jury in this ease
was right, both nndor tbs law and tho
faots of the cue, and a different verdict
should not have been rendered by any
jury, wo will not revoreo the judgment
of the court lieiow on tho ground of tho
objeotion to a portion of tlie jurymen
oouatitnting the psnel ot twcuiy-four,
nor for any technical errors in the charge
of the court below. Let tho judgment
of the court below bo affirmed.
O. T. Goode for plaintiff in error;
Fort A Hollis for defendant.
$otel EJImtorj).
LITCHFIELD HOUSE,
A O W O It T H , a KORGIA.
BBOWW’H HOTEL,
M ACON, ti I: OUOIA.
Urgent uad beat Hotel lu tho GUy. it te tittuk-
Inducement* to the traveling public, than any oth
er honae in the Southern HUte*.
BROWH * BON.
KING HOUSE,
ti c
Fine Summer
Resort.
Senola Hotel,
A. J. a. JACKEON,
GLiO B 33 HOTBLi,
JACKSON & JULIAN, Proprietors.
Igusta, - - - - - - Georgia.
NEL, HOUHE.
GRIFFIN . OA.
Nearly opposite Pasacnger Depot—only one niin-
Le'fi walk.
Price Day llonitl SO
JxnM-tf klUS. A. M, NELMS
BntralHotei
CENTRALLY LOCATED.
KAITIIDKBROAD8TRKET
COLUMBUS, OA.
Hoard, Per Day ... • $J OO
foblt MM F. M. QUAY.
Strayed or Stolen,
h, ulna
TABOM
T MARE, sixteen Lxnda high,
old, with u Urge scat on the hi) .
hind leg between postern And hock JoioU,
thin in order. Colt reoenUy taken from her. A
liberal reward will be paid (or her deliver to the
above name. Jylfl-
i iron grey
ten yeare
(art of tbo right
Wanted.
B Y A LADY—who la a Aratclau Teacher, a school
in a healthy location In the country.
Or, a situation m Saleswoman In a Millinery and
Fancy Good* More in a city.
Satisfactory testimonials, In every reaped will be
given. Addroaa, * r U. It.,**
jyUMm Pare of Bmt Office, Atlanta, Oa,
SPOTS WOOD HOTEL,
MACON, CKOUGIA.
(Nearly opposite the PMsanger Depot)
Only Ono Minute'a Walk,
Board $8 00 per Day.
THOMAS V. HARRIS, Proprietor.
C. J. MauMCLLAN Suo . novh
JUHIAIX H. CASEY.
PAUL C. HUDSON
Oasey Ac Hudson,
Atton loysatLnw
Thomson, McDufUo Co.,
mh« OROIA*
RHODES HOUSE,
TROY, PIKE OO.,
ALABAMA.
Rflihroab 'XhntrfiBzmtnfs.
BARTOW HOUSE
T. J, Bridges, Proprietor.
Goorgiol
ECKLES HOUSE,
Hnainesw Square,
Social Olrole, (ia.
RATES OF BOARD)
Single Meal* 8 c; ]«r day $2 00; per weok$8f0
per mouth $20.
STEHLaAO EChLES, Proper,
In connection with this House is a
LIVERY STABLE,
Whare &ood Horse*, Buggies, Macks and Carefu
Driver a wan be procured at all times at reaaonabl
rates.
F. M. ECKLES,
aplHf Proprietor.
Greensboro House,
J. J. OOUEHTjr, Proprietor
GREENSBORO, GA.
G ainesville Hotel
Gainesville, On.,
J. A. Christian, Proprietor
I MHb MOUSE baa been refitted and supplied with
. new farnituro, and will compare with the beat
Taldo always supplied with tho very beat tho mar*
ket affords, aud 8pedal attention given to the com*
fort of guoata.
Thera wiU be fouud at ail times, upon the arrival
of rcgnhr trains at tUi Depot, Macks, etc., to convey
to this houso, freo of charge, its patrons.
RATES OF BOARD :
Single Meals $
Per Day 2 00
Par Two Weeks 15 00
Per Week 10 00
Per Month 2500
W$tf
FAIRBUBN HOTEL,
By Xr*. E. HoLnrin,
Fulrbnrii, Ccorgin.
PATAF8CO FEMALE INSTI
TUTE,
jrjsjs MirMiia .an.
HHU INSTITUTE baa been in operation for thlr
L ty years, and enjoys a national reputation. With
tbs number of pupils limited to ninety, it hu rep
resentatives from two-thirds of tho Mates, princi
—•*— otb and —* •*- •—■*'— *-
_ health!
railroad iron l
Circulars add/eu
e and Washington City. For
JUtIT OPGJTED,
The Carter Hotel,
GAINESVILLE, Ga.
rpHI AB JVB HOU8E, SITUATED ON TDK EAST
X side of tha Public ^uare.U now open tor the
reception
render gueeta comfortable.
apl0-tf
will be omitted to
J. CARTER, Proprietor.
Notice.
Pmuuomrr'a Office, )
CirrmjkZ. R. R. k BiniM Co. or Oiowu,}
Savannah. Oa.. July It, 1872. J
N view of tbe approaching elections, aad for tbe
purpose of feefllfetiag eommuaicaUoe between
the citiiena of Georgia by public gaUbortnga, tickets
will be aold over tbe Central, Southwestern, and
Macoa b Western Railroads at ONE PARI* te go and
return from any convaution or public meeting in
the State up to the Tth day of November next.
Aa there te not time to prepare ticket* for tbe
Convention to be held at Atlanta on tbe 24th Inst.
rill be vetnmad free, upon a certificate of
ug odtear of the Convention.
WILLIAM M. WADLKY, President.
GRAPES! GRAPES I
wins, aro now nearly ripe. Thorn wishing
■apply to make pore domcatice wine can have them
left at their homes, at 10 cents a pound, by leaving
their orders at McMillan 4 Snow s, Marietta street.
J. HORCBOB8.
MAKHIIALL HOU8E,
uj i-i.vjv.ia, oi.
A. B. LUCE, Proprietor.
Day Boarcl $8.00.
BOVtOtf
COLLIER HOUSE 1
Formerly Uttlofled Mouse.
Jb—«Pi - - Goor&iu.
McDowell house
NBWNAN, GA,
.. I*. TIMOJtJniS» Proprietor.
iiii-ti
TIIK KENNESWV HOUSE,!
Mt HI ETTA, OEOnOIA.
H AS still forty rooms left, neatly furnished, for
Rummer visitors, for whom every accommo
dation will be provided, aa also hops and amuio-
meuts.
F
W. E. Olds, Assistant.
Western AtlantieR.R
Orncr Hum Tiunomm, .
eUeeln, Oa, Jan,-is, |
Only :One Change ot Curs,
Atlanta to New York
Via. LOUISVILLE.
New Palace Cars
CALEDONIA,
JACKSON,
FA1BVIEW,
STATE OP GEORGIA,
Will run through from a
Atlanta to Louisville
Commencing XomU, Mcnilng, Ju T
Thl. U» „. ty
°‘ ,m E. B. WALKER, „ ,
Two Daily Connections
Blue Mountain Route
V I A
SELMA, HOME, AND DALTjg
Railroad and i(* Connections.
o— -
{RBKflUEbH
at 10P.M., making oloat oonnaction with
TECH MAXXa TRAIN
Of Selma, Rome and DaMoa Railroad, arriving u
Solma at tjolu
MM SSRC3*
4:«P.B.
11.-00 Disk:
SSiA.II,
. - - T.K»i mtlk
trains of 8outh and North ais.hurun Railroad, arriv-
Moiugomorj «:M A. H.
IfuuUe. 7:90 P. H.
_ 7:90 P. M.
New Orleans g.
Tha Road has beau recentiy equipped and ite
equipment is not surpassed by any in the South
for strength and beauty of finish.
!Or No change of oars between Room and Saia«
PULLMAN PALACE CARS
NO DELAY AT TERMINAL POINTS.
iMrtng Atlanta by IS A, X. Ini, a
W. 4 A. it. It., make dose connections at Borne wil
FAST EXPRESS TRAIN
ofSohna, Hatno 4 Dalton railroad, arriving at
Selma at 19:90 A, M
by any <
$BT Purchase Tickets
Ticket OAoe.
via Kingston at the Genet
JOHN B. PECK,
General Passenger Agent, Patous, Aia.
No. 4 Kimball Uvqm.
Atlanta & New Orleans
8UOKT LINE,
A LL RAIL,
PASSENGERS for
MONTOOMSmY I
Selma, Mobile, Clrminglium,
and TusktUoosa, Alabama,
MHRIDIAN!
Jackson, Grenada, Yfekaburg,
Okulonn, and Corinth, Mias.,
IXTEWORLTIAIVS
Shrew port, Jefferson, Monroe, La.
Galveston.
And All points in Texas and Northern and Central
Mississippi. Laaving
Atlanta Twice Dally!
At C:50 o'clock a. m., and at 7:00 p. m., vis
ATLANTA AND WEST POINT R. II
Will make Direct Connections with the above
08 Miles SRortcr
T~ Montgomery, Mobile and New Orleans lion
Blue Mountain, via Kingston and Rome,
or any other routs, and
088 Milos SRortor
Than by Chattanooga, Grand Junction tnJ
Corinth, to New Orleans and
Galveston
887 Miles Sbortoi'
To Shreveport and Jefferson, Texas., tb
by Chattanooga and Memphis, avoid
ing 614 miles Mississippi
River Steamboating.
Mndison House,
JH.tttl&Ojr, GCOJt^M.
TERMS: S3 PER DAY.
spItfN. 8. FISII, Proprietor.
oiixnmR Houra
FORSYTH. OA.,
Near Depot, and onvonlent to buslneaa portion of
OAUiSWAT, Okra. "• ™ fc0t SSt
BARNESVILLE HOTEL,
3. a CAMP
Prop
Choice House,
Coroer Braid ud Brld(< StrcaU,
Home, Ca„
J. c. iuwliMk pioreun on.
■Ua,MI la tb. Bulla, put o< U.rJty. Min
i i*i charge.
Millodgeville Hotel,
CALLAWAY k THICK.
B. H. LAWLIH, Clirk.
HAYS’ ECOIJSm
CUTUBERT, GA.
UENHY HAYS, Prop’r.
Boerd per day
datf-tf
willarrivo in Montgomery at 6:35 a. m., two b>
and ten minutes earlier than via Blue Mouutiiu
Route. Passengers leaving Atlanta 6:60 o'clock, a
m., will arrive In Montgomery at 6:46 p. to., one
hour and twenty-five minutes earlier thau Ul“*
Mountain Bonte.
Persona leaving Atianta at 7:00 p. m., wiil ir
rive In Columbor at 4:10 next morning. o
49* 47 milea shorter than any other route to Bel-
mi, Meridian, Jackson and Vicksburg. IQrWl
attenUon paid to the comfort of passengers,
^taukbggage handlsd and checked with care to ill
Fawaa*iew aa any other rente. TUrousk
Tickets for sale at tha office of the General Tick*
Agent in tho Union Passenger Depot In Atlanta; aw
Grain, Flour,Revisions, &c.
W E have now In store, for sale at low fignrt* *'
the trade:
4 000 DU8HKLS CHOICE OATS.
AAA DELS FLOUR, Assorted Ursula IfeJJ;
“w Bides and Rhouldsrs. llama, plain
vested.
5Q BDL8. WHISKY.
2Q BBLS PURE CIDER VINEGAR.
250BOMS 8TARCH, beat quality-
•J A BAGS Prim, Ila OafM, Vlr,1ul* SJi
JLv Land Plaster.
1 AA BBLS HYOBADLIC CEMENT. U»< "
1 OU orind tons from th, Ella, mn w
Bb». In^llriM aad ordw. for »'“* t *7. «!i
pmd to kmidl.tiO.oou baabclA of Un a,- ,rJ r-
solicit oouslgnmenta of same.
8TEPUBJTS * PLV.VA\
Hotel for Sale.
,ttacb«d, I. oSnd lor m'.- ■»a"j ,, r ^ EA vni.
itiut Chltuuoo*.- T.“"
MARSHALL HOUSE.
BAVARITAB, Oa..
A.S.Xmoe, Prop*'
Board per Day, $3 00
lot or
))Mf
WM. «. STEPHENS
ATTORNEY AT LA”
CSAWT0BDY1LLT. ai-
Mu