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cderkln Constitution.
rmi« «| •nh*ol|.iion :
nuan.V ^^“Ttn T^S p*r wimin ft CO
\ i nWrijiton* m*|I}iM« •trfrtK 1* art'otict;
*4. •' iW (4 tfw-f’ra* *04 Wbicfc ptjmfU
• Head*- n-tr*-w»^l. iter n«a** *«f th#
'HtwtfiUr * ill Im> lUulwh (rum «mu •**»*»-.
**r « i»t» erf 7«» ||S m»I • n*r> id tke pap r
AT GUST »
1*71.
brand Innrj Mall.
if Virginia Index we train
:imt
ptrmnt U»'
While Snip!
170* Ant-
were Mfa
dpr*>^1 in a
ft r*4
m • off at th«* Mont*.'ornery
v. rin p» <« the everiug of the
ti.ciM present, the Index sot'*,
w, nl tleonria. who wan
itlfu! n**e-colorrd Gllc, with
Mr»J/r Jonliu, of Georgia, white nlk
pertiAUbi, with white grenadine < verdreaa,
UimA'd Aitblaoeand block velvet. This
l **ky vc..i* the mont ftitly and bsntllifnl
diamond* I < v. r —none like tie ni in the
IIK**ID'»inf lilM WAMilL
MW Ayen*. of Georgia, km tju*t«ffuilv at
tired in pure a bile, blie looked beautiful.
Ware V|
tbe manager*r
R» li< U regin.
ru aiid ii. T A
fiotM* ie»*ii
and have b.i
count* and p »
but did not i
to lie in
that lie liaa i
property. a I
anytime. Ti
It on d taara.
damn we give |Nirticulare of
,omore j ar tie* connected with
it of tfie MtateRond under the
• x-Tr -a.rarer Isaac 1*. Ifar-
Wrtnn, 'ticket Agent of the
rge in defense that they are
; ready to balance their ao
oter moneys in their hands,
* to whom thL-. payment
»*• Mr. 1>a:h P. Hnrn*claim*
>-ver n-refved one dollar im-
n imtke a clear -bowing at
r>• are many who have know n
'*>h«»od, and are confident that
ill prove him innocent. Mr
r.c aix tho :sand dollars in his
•d.
il l Ih* found uii.
nder llie Kidie t! .
.aid
* d of j*er
i.» a great
illy le- im-
1*411 there i • a ^‘iieml turning up.
man iii.mIomU.m:! for himself. Ifh.
di-hon.-t, lie u the jM'.»pl«* ,-hould kn<»wr it,and
North :
prs
•nalty of hi# |
•s money Im- follr
Ii»-t containing it.
Tin
id the Ihidirnl party
|H*»N
and the
i rri«a practiced upon our |.tropic, hut
the truth is coining out. And the whole
» must come, strike whom it may. Kvery
•n slioiil l u*t* his influence an i every
iUe effort to further thc invi.-ligations
progn in/. Lrt every n»T\ e lie .strung to
unearth and bring to light the c.miption-
that Rtdi. al ru!.- engendered and filtered,
and »*%po->e with them the hk'li or low.
functionary «»r citi/en. lift the |«- .|»!e re
joice. Ib'tiihution hover- over tin- million*
of their wrong-*.
< oiu|»iroller tin
OIrruinsUuuc-i hav*
of Thk (’onsill I TION
lie port.
1 to this issue
■ of *!»!-> report,
of u hi. h >*.-•
I to Col.
Madison Jiell, the l ompfroller Gcuniti.
lie nuton that the r.‘|s*rt li es Ihtm delayed
"by reason of the execution of the Uw» in
reference to wild finds and the .idditiona)
l dior and ri >p »n ihdities imposed upon the
t^Miiptroll r General hy tin- Act of
March, 1 making it »u|*erintetid -U! of the
Insuranee 1 h-pirtim pt *.f the State,” and
other accumulated duties.
IM WVIASK OV TVXAKU l'HOCF.UTY.
The returns for IWHI show taxable proj*er
tv amounting to 1,5* 17. i h.ne f..r
1*70 amount to *ilo.tW(i,3l t, showmir an air
tf m*> *>' tMmr*. lr *s
to sup|*o i that a proportion
ilia
ill In
Il»C taxable v
year will not
Show* that
vhihit
..f pr
d for
id that
of the Hiatt
v and inle
th.uii'Uing «
i:s] im-
ndition,
MlrhttHlness. h.lt to pi
allli
favored State in the l uion.”
l.klllT OF THK STATIC.
This, on the 1st day of January, is
$G,.YH,.,ut>. furl*- fell line in 1S(1S
(Sterling h.uuKl. all held in Kitropc,
HhU Uhare In i n p .id . C i,«Xn> inr.
fMiui* i- Mill unpnid. Tin* I’reaMirc r i
Mi amt of interest psl.l during
#416,4^4.
THE
VOLUMEIY
ATLANTA, GEORGM,^TfrE8bAY, AUGUST 29,1871.
INUMBER 24
DBCIHIONM
nPBBm roi'lT OF flMIGU.
Jkiiesrtu nl AV+nl*, Tuesday, A ugi. %t 22,1«71.
[HgroKTKXi KZCLC *; VS1.T F«»a TMC *TU)TA C««Tt
tmw, mr x. j. amox©,
Covinporti Ihimas vs. Franklin L Pepper,
Mahishttur. Kratov from Early.
LCX HHASL, (J. J.
in a hill hiwi, to enjoin mi action of eject
ment >.nd for #|/« ihc performance, it is not
error in tim e-Mirt to award the opening and
(Toorluvion ol MW.h case, upon the trial of
such hill, to the complainant■ counaiL
When the proof shown that the defendant
in the tail, ) was the plainliif in eject-
mi nt, acted as tiie airent of the complainant,
to purchase the land, and that be had gone
into fioMewrion at the time of the purchase,
under the bond for titles made to bis agent
and delivered to him. and the answer of the
abminifctatnr Hied, denies the troth of the
allegations as to their conclusion and legal
effect, hut admin hubMuntmlly the charges,
«rul the court was not reouealcd to definitely
set '»ut to the jury what fact.-* of the answer
were responsive to the bill, it was not error
in the court to charge the genersl rule of evi
dence upon this subject, as such fact* raise
a question of law as to what parts of the
answer are or are n »t responsive; which the
court mav not decide, except upon such a
question being made.
Under the farts in this case, the verdict for
specific performance is sustained by the
evidence, sand we aflirm the judgment with
instruction to mid interest thereto, since the
maturity of the note as the proof of tender
diil not stop interest.
Judgment affirmed.
H »o«i A Kiddoo, for plaintiff in error.
K. him*, Clark <k Spencer for defendant.
J. A BmdMtoa for the m of R & Cur- aor $my incrmmlencr to Ytatoor* aot ok-
ricr, vs. E. N. hou^w. Complaint, from ‘ * J
Randolph.
McCAY, J.
Where a suit was pemling on a promissory
note payable to A only, and the salt was in
the name of A for the inr of B.
Hcli>, That C, who was the true owner of
the note, and who controled the cmie,0*ght
make the affidavit that all legal taxes due on
the note hail been paid, as required by the net
of Ortolwr 13, 1870.
2. That it was proper in (?• application to
permit the declaration to be amended by
striking out B’s name as used and inserting
the name of C.
Judgment reversed.
Jno. T. Clark for plaintiff In error.
E. L. Douglas*, It. Fielder, for defendant
“The Treasurer al.-M
of new State Imnils
known t«» him. 1 kn«
any txin-is having Inn
having been required
in i n- offi- 'v l hiv
\1 unde
> ho:
ir.si» geptcmiK
nd these sic
-tut- - that the-amount
-.-lied la-t year Is not
h nothing officially of
n i--ue«l last year, mlt
«y law to register them
«•, liowcvir, registered
! by virtue of the
md 17th October,
he only* bonds
to U
Ni
I ho
..lla
isti ird h\ me I have
i -uni under the act
iiIkt, 1870, up to the 1st
ring the manlier* from
im lusive, for one tliou-
aivkiue in tin* aggregate,
inili-uis of dollars. And,
i- 17 th of Ortolcr, np to
I have appn.ved U*nds
1,200, inclusive, for one
leh. making in tie aggre-
,one million two lnuulred
*T*te. under this ;
tbovuand dollar*
•* t ins « 'mpri-•> all my official wN con-
neefe-d with l»on<ts up t«» the 1st day of Jan
uary last.
ACRES or l.ASI* RKTI RSKP.
There were returned in 1870. :! 1,189,788
•cars. iN ing an inerea-e of 1.4M.1V2 acres
«»ver 1H.0, Aggregate value of bind in 1870
ido>
i—i**
tierng .-*•» immi-- or in-
over r*»:v Amount i-f i »o
•Mu-. value
#12.884.1 In
These numU r 2,221 in the
THK MMUKIlor I
\cr the preceding
n at CM IT.lW
acres
»WS I'ltOPKKrX*
el #»7.922.AW,
rlv # 1,000,000
ey and -olvent
f mm'handisc.
uum!« r of w
grega’c of p
« UTTAi. ixy
In shiH
:i 12.
00.477 .o’ >usl;
nlored, 20,088; ag-
id t<
-llimN®, MIMN«-. KTC.
mage. #214 7Ik lr
#2.!»7.7.408. In iron
i-»'».8.o2t>. In liuuing
ii National Ranks u;
ppmg
cotton manufacua
works, f* Hindarn-s,
.►.4,140. N*». »M sill
tue State, $985,900.
iR«x>MF. or 1870
«»« from nil Pay
ments from the Treasury amounu.l lo *1,-
444 91B73. There was a haUmv in the
Treasury from W.0 ,.f $ 142^00.Is.
assets.
In the Georgia R iilroa-land Banking Com
pane 18 i -h ir«> vaiuiNl at $100 per -hare, in
the Atlantic and Golf Railroad 10,000 shares
val ti.l at $ 1» per -hare. Total, $318,000.
AJ-o. tl-.e We*!«m a:t l Aihmtic Railroad,
now leased.
|-t l.T'»S corXTV—Nt WIlKR Of A» RKS.
Improved lan-1 !«0,111 acres ; wild land 130.-
8.*2 Aggn-gatc value of land $1,271,-
M1
Fulton countv—\a»ue of city and town
prtq irty. #s.;*r».,V'»2. iuerejwe o! more than
$l.000.di*> Amount of money and solvent
«lebu. $1.228.turi. Number of polls, 2,008
hii«*, and tit* . >1. red. which is manifestly
a un-take, a.- : i<tc an* lucre than thl* num
tom
The rejurt highly valuable infor
mal.*. and -ee:u* to be quite thorough in
detail.
vi i rr iioiD.
EMI* Constitution : We see just now on
the street corners, in groope of twos and
thrt^a. and some times a» high as four or five,
cx-State Railroad Officer* and men We
•top, listen a moment, we are politely taken
by the hand all ’round. Ha, ha—have you
heard the news? Ain’t “we” getting after
•**A*e fdhmts ?” “They are a nice set of fel
lows.” We’ve got the facts and figures on
them, etc , etc. Now, I suspect thst about
the time “we” produces the “facts and fig
ures” ou "those fellows” sufficient to send
them tn work for Grant, Alexander A Co.,
that “those fellows” will have “we” in pretty
much the same fix. My last information is,
thst at least five hundred of them are ready
to turn bute'i evidence. Sn
E luant M<-I)«>ftftid vs. Jacob Davis. Injunc
tion. from Kaudolpb.
L<n illCANE, C. J.
When suit wr.. brought upon account, and
set-off plcadi-d involving a multiplicity of
items, originating in lbn-c years dealing l»e-
tween the parties, and the defendant upon
siieh complaint upon account, filed his hill in
equity to enforce specific performance of
the- purchase of a house and lot growing out
of the transaction, and upon the hearing the
proof granted the injunction :
Uei.d, That, while a court of law has con
current jurisdiction with equity in matters
of account, and when first exercised, will not
Ik* inlerferred with unless good n-iwu, that
we think the reason presented by the facts in
this m r were atflrml t<> sustain the judge-
m* nt of i!m- court lx-low.
When equity obtains jurisdiction, as in
this i-it-e, for specific jN-rformance, it will
take jurisdiction overall the matters correl-
itivc to it, and retain the jurisdiction until
full and satisfactory justice is accomplished
ln-twecn the- parties*; and under section 3075
of the- Code, rmiplioaUd and intnfnff actoont*
uii: proper matters of equity j arise hit ion,
when, by the aid of a Master or Auditor, the
hearing may In- facilitated.
And, again, this Court will not rrversc the
judgment «*f the court below granting or re
fusing injunction,except incases of the abuse
of the- j sewer vested bv law in the Chancel
lor.
Judgment reversed.
K. Is. Douglas*. W. D. Kideloo, for plain
tiff in error.
A. Hood, Jno. T. Ciark, for defendant.
Charter L. Matthews, et a!., vs. Catherine
Castlelierry. Fjcctment, from (May.
LOCURANK, C. J.
W ere, upon the trial of an issue formed
under set lion 2C70 of the Code, re lative to
the genuineness e>f a deed, the instrument
peit in issue was over 30 years oM at the time
of the- trial, and came from the proper custo
dy, and wiih possession under it. and bearing
upon its face marks of genuineness :
Hk.i.o, That such instrument proved itself,
and diel not ne*eel evidence of its execution,
nnel fhei-stic provided by such section of the
Code dll not npp|y u> aut'k instrument, and
the venlU’t of the Jury stistaining it was in
accordance with lau.
W lien after the finding of such fane the
case proi-t riled to the lory, and the defend
ant .-Iwwed his purchase in 1850 and his
•leeil, and that he went into possession in the
year 1851, and had exercised such acts of do
it union over it as are usual by the owners of
land, by cutting timber off it, and cultivating
if, and by making valuable improvements on
it in 18.44, and living upon it until his death
in 1803:
Hkld, That the prtN>f of j>osge-sion was
sufficient to sustain the verdict of the jury for
the defendant, setting up such Matnary title
with claim of right.
Judgment r (firmed.
A. llood, John T. Clark, for plaintiff in
error.
E. L. Donghi-s, II Fielder, for defendant.
f,4-wis IV Miller, ex mil or, et nl , vs. Wil
loughby Jordan. Equity, from Randolph.
LOCH BANE, 0. J.
Where n vi-nliet and decr«*c were had lie-
•ecn the parties wldcli was brought by writ
i error to their court and the judgment
[thereon reversed, and the remittitur from this
court upon notice to the parlies, waa made
a part of the decree in the court below and
enured ns a finality of the litigation, etc , by
an order of the Chancellor and a motion
made by parties in interest to set such order
aside, overruled by the Court below.
Held, The legal effect of the reversal of
1 he judgment by this Court of the judgment
( »f the Coart lielow l».is4*d upon the verdict
of a jury, was to baw grante»l a new trial in
the case, and it waa error to have adjudged
the rights of the parties to thi* litigation
upon the mution.
Judgment reversed.
Jno. T. Clark for plaintiff in em*r.
H. Fielder for defendant.
Gilbert A Vaaon V9. Seymour, Johnson A Co.
Complaint, from Dougherty.
LOCH RAN E, C. J.
The defendants were sued as drawer* and
indorsers on a draft not payable at a char
tered bank. Two questions were made and
decided ov the court below as appears from
the bid of exceptions: First, whether the
defendants were entitled to notice to make
them liable as indorsers ; Hccond, whether
the defendant* were discharged as indorsers
of the paper by the fadure of the holders
thereof to give reasonable notice of the non
payment of the draft hv Mouglion the
drawee. The court decided that notice was
not necrxaavy to charge the defendants as in
dorser*, to whii-h decision the defendants ex
cepted Under the provisions of the revised
Code of this State, the indorsers of a hill or
note, mu to l»e negotiated at a chartered bank,
,»r.- not entitled t«» noth* of nonpayment, or
n.Miaeci'ptance, to charge them as indorsers,
4\n1c 27.49 In our judgment ther^ was no
t rror in the «t«vision of the eourt below in
on i ruling ihe mot hop for a near trial on either
of tin- grounds stated in the bill uf e*eep-
I lions.
Jinlgnu-nt affirmc-tl.
Yason A Davis, for piaiutitfs in error.
Wm. E. Smith, for defendants.
Atlanti* and Gulf Rai!roa«l Company vp
TiM Mann. Case from Decatur.
McCAY, J.
Where one owned land fronting on a street
in the city of Bainbridge. and the Atlantic
and Gulf* Railroad submitted to arbitration
under the compensation clause of the char
ter, the question of how much damages the
lot owner hail received, if any, by the build
ing of said rood through the sired, and it
appeared that the road had authority from
the State (before the Code,) to run from point
to point in a general direction, which might
In- through the town, and authority from the
town authorities to run through said street,
and i; further appeared that, in fart, the road
h.id not used the street either for its track or
embankment.
Help, That the court erred in holding
that the road had no authority to use the
street
Help, also. That the court erred in hold
ing that the road was estopped by the sub
mission from showing that in fact the street
was not occupied.
Flemming A Rutherford, L. J. Glenn A
Son for plaintiff in error.
Sims a: Crawford, Clark A Spencer for de
fendant
W. A. Haw son vs. Charles R. Bnitoe, and
Wm. A. Rawson vs. H. M. Jenkins. Dis
missal under Act of Oet«>ber 13,1870, frwn
Stewart
McCAY, J.
An affidavit by the plaintiff in a pending
suit on a debt contracted before June, 1885,
which affidavit states that all legal taxes
chargahle by law in the debt have t»een paid
for each year since the making of the debt,
is a substantial compliance with the Act of
October 13,1870, though the word “duly” Is
omitted.
Judgment reversed.
R. T. Watts, John T. Clark, for plaintiff in
error.
Beall A Tucker, Ingraham A Crawford, for
defendants.
B. O. Keaton, administrator, vs. Jno. B.
Mulligan. Attachment, from Early.
WARNER, J.
This was an action brought by the plain
tiff against the defendant on a common law
award. From the written submission of the
matters in eontroversey between the parties
it i» doubtful, whether any other matter*
were submittal to the consideration of the
arbitrators and decided by them than the
validity of the sale of the plantation and
stock thereon, and tlie services of the plain
tiff as agent of the defendant prior to the
sale. The award of the arbitrators is, that
the sale In* set aside and that it is fair and
equitable that the defendant should retain
the property sold by him to the plaintiff,
and that tlie defendant should pay to the
plaintiff the sum of eighteen hundred dollar*.
On the trial of tlie ea>*- it appeared that the
plaintiff was in possession of the property,
as the agent of the defendant, at the time ol
the pretended sale thereof. Tlie defendant
offered to prove that the plaintiff had not
complied with the term* of the award in
turning over the property which was in his
piisession as the agent of tlie defendant, and
which he claimed under tlie pretended sale,
which evidence so offered was rejected by
the eourt. The jury found a verdict for the
plaintiff under the charge of the court as to
the conclusivencss of the award, and a mo
tion for a new trial was overruled, and the
defendant excepted.
JIki.d, That the award was exmclusive as
to all matters submitted to the arbitrators,
hut if it is doubtful from the terms of the
submission w hether certain matters, were
subinittiMl and pn.-sod upon by the arbitrators,
the court should hate admitted the evidence
.as to the facts of the ease, and then have
charged tlie jury as to the law applicable
thereto:
Heli>, also. That it was competent for
the deft ndant to have shown on the trial,
that the plaintiff had not complied with tne
terms of the award in turning over to the
defendant all the property which he preten
ded to have purchased, and which the award
authorized the defendant to retain; inasmuch
as that would not have impeached the
award, but merely have shown a non-com
pliance therewith on the part of the plain
tiff.
Judgment rever.-ed.
J. E. Bowers, IU II. Clark, for plaintiff in
error,
finis A Crawford. Hood A KidJuo, xur
defendant.
E McDonald A Co., vs. II. G. Feagan,
Sheriff. Rule against Sheriff, from Stew
art.
WARNER, J.
This was a rule against tlie sheriff calling
on him to show cause why he had not made
the money on certain distress warrants
placed in liis hands, issued by a Justice of the
Peace to enforce a factors lien under the
11)77 section of the Code, the amount of each
being less than one hundred dollar*. The
Court refused to grant the rnlo against the
sheriff'on the ground, that the Superior Court
had no jurisdiction to rule the sheriff on such
claims:
Held, That, under the Constitution, the
Superior Court has concurrent jurisdiction
with the Justices’ Courts in all civil cases
where the amount of the debt claimed Is less
than one hundred dollars:
IIkld. also. That under the provisions of
the Act of 1870, when an execution has been
issued by a Justice of the Peace to enforce a
factor* lien for a sum loss than one hundred
dollars, the same may be- levied by any sheriff
of this State, or bailiff, ou the property of the
defendant subject to such lien, and when
placed in the hands of a sheriff, he may be
rilled in the Superior Court for his neglect of
duty in failing to execute tlie same.
Judgment reversed.
Jas. Kiddoo for plaintiff in error.
Beall A Tucker for defendant.
J. K. Ilaygood vs. Easley A Rice. Complaint
from Randolph.
WARNER, J.
This was an action brought by the plain
tiff against the defendant* on a promissory
note. The defendants moved to dismiss the
plaintiff's suit on the ground that he bad not
tiled an affidavit that the taxes had been paid
on the debt, as required by the Act of 1870, the
plaintiff being a non-resident of the St*te.
The Court dismissed the action, ami the de
fendanl excepted.
Held, Thst inasmuch as the plaintiff was
non-resident of the Htate, there
> tax due by him on tlie debt which he was
bound tp pay.
Judgment reversed.
Jno.' T. Clark for plaintiff iu error.
W. Harris, II. Fielde*-, fur defendant.
«****, * c v rm : ”” Tjj* TlM ndlWr mn John J. TkeCoHrkf«*y, Uut the X*kodi*CLucli
ot .pecta.gr, fryew, or y.ttoytri toj* J™. tSnSrit* aScw*. 22 wM 1 i» Bom., h« rewind iu fine new
rfe. etarou of Jump. *■» ***• 1 TbeCrteurUIe E.pro.wu>U*ti&uk anJ
Ttot maw fttWea that Sparta ha*; a cotton mill in that town. ~
dantoga
which ttoa law recogiBxaa must ha actual,
tangible and determlnabla by proof, and ttoa
depredation of the property not oa\j from
obstructions to access, but by moke, and In
jury to walla, etc., and traceable as «4fcrt from
cause and Ihe like may be inquired intd to
form the total of U* ii^uiy.
Judgment aflrmed to far a* equitable juris
diction la sustained and the suit at law en
joined and reversed as to the conditions re
quired to be filed In writing.
Judgment affirmed.
WARNER, J., concurring.
The respective railroad companies, with
the consent of the corporate authorities of
the city of Augusta, ana under the provision*
of the ads of the General Assembly, have the
right to run their respective railroad train*
by steam power over their track In Washing
ton street, without being liable as trespassers
for ao doing, and without being liable to hay#
their running trains over and along said
for a gcad
good. Iradu
Reason. Tho
revived. The editor
ccived a ear of earn*
and a corn-field pan
they have the Uamosof the i
Wy of the Buie, and the dty authorities, to
do so; but the Iniury and damage done to
the owners of property on that street by the
running of the trains of the respective rail
road companies, is another and distinct ques
tion. What are the legal rights of the own
ers of lands and tenement* on Washington
street ? The owners of lands and tenement*
on Washington street are entitled to have and
enjoy all the rights and privileges which le
gally appertain thereto, incorporeal as well
as corporeal; for when the law doth give
anything to one, it giveth impliedly whatso
ever is necessary for enjoying the ww. If
the railroad companies by permission of
the public authorities, have located their
road on the puhlic street of the city, and
by the uso thereof in running their trains,
have invaded any of the legal rights of the
owners of the lands and tenements on that
street by hindering, obstructing, or disturlv-
ing them in the regular use, and lawful en
joyment of the same, then the owners of
such lands and tenements are entitled to
recover such damages as they have ueta-iLy
sustained by such invasion of their legal
rights to the enjoyment of their property,
although the railroad companies may qot
have located their road on “*7 part of their
property. The invading, hindering, otetruct-
mg or disturbing them in the regular use
and lawful enjoyment of their proi«erty, is
an interference with their private legal right*
to that property, and to that extent is the
taking ol private property for the public use,
for which just compensation should he
made; not imaginary, speculative, com
pensation, but compensation for tlie actual
damage sustained by the invasion of their
private legal rights to the use and enjoyment
of their private property resulting from the
location and use of the railroad by the re
spective companies for the benefit of the
public. If the General Assembly, in the
exercise of iu right of eminent domain,
should pass an art for the taking of private
property for puttie use without providing
any lust pqpiijpaation therefor, the act
would beuaop^fitutional, in violation of the
fundamental principles of the law as the
same ha* existed from magna cUirta to the
present time. Where no provision is made
in the Act of the General Assembly for com
pensation, a* in this case, the owner of the
private property whose legal rights are in
vaded, may preserve his legal remedy to ob
tain retina*, he may stand upon otl'his kg>U
right*, as secured to him by the fundamental
laws of the land. Young vs. McKenzie,
Harrison, et al., 3rd lCclly 45, Code 2,962. It
will not de to *ay that because ihe City
Council of Augusta granted permission to the
Railroad Companies to locate their road on a
public street in that city, which wJm ratified
and confirmed by the General Assembly, that
therefore, it waa not intended that the own
ers of private property on that street should
receive compensation for tha damage done
to their private property by the ono of that
road in running trains thereon; such grow
injustice and violation of the findamental
law of the State, can not be imputed to the
gishiture, the more especially, as there is
nothing in the Act, from which any such in
tention caa reasonably be inferred. Do these
Acts, Acta of the City Council of Augusta and
of the General Assembly, either especially
or all combined together,'deprive tlie owners
of the lands and tenements on Washington
street of their common law riuhts to sue for
and recover damages actually sustained for
the invasion or disturbance of the use and
enjoyment of their private property on that
street for the benefit of the public ? In my
judgment they do not. A court of eciuity iu
this State has Jurisdiction to entertain a bill
to avoid a multiplicity of suits in favor of or
against several persons for the establishment
of a right subject to legal controversy. The
allegations in the 4X>plainant*’ bill make a
proper case for the exercise of the equitable
urisdlctlon of the conrt.
McCAY',J., dissenting.
When a railroad track is laid down In the
streets of a city by authority of the Legisla
ture and the permission of the city autnori-
ties and the same is so constructed as not to
obstruct the fjro egress and Ingress of the
adjoining lot owners to and from their lots,
and the Tee to the soil of the street is not in
the lot owners but in the public, there is no
taking of private property for public use.
3. Any depreciation of the property on the
street caused by the ordinary use of the track
so laid down, even though that use. produce
noise, danger, delay in crossing, etc., docs
not furnish ground, either for a claim for
compensation, or for an action for damages.
Property holders on a street in a city, not
the ownera of the fee in the soil of tho street,
have bought and hold their property subject
to any use of the street for passing and re-
mssing tLe Legislature and the city aulhor-
ties may in their wisdom permit. That a
city street shall not beoome a thoroughfare,
and from noise and dust and the danger of
passing vehicles!* ineligible a* a private resi
dence, is not a right of the lot owners on the
street, and no action lies in their favor against
those who, by permission and authority of
law so use it
W. T. Gould, W. Hope Hull, Johnson A
Moatgomeir, D. Jackson, Frank Miller, for
the railroads.
Hook A Gardner, McLaws A Ganahl, 0.
Suead, Clark & Spencer for lot owners.
public works in «a4«
fall abort ol ok» 1
Tiw Central Rail]
from ten to fifteen
Atlantic and dull,«
way and .Seaboard
aged. The Injury to crape
The ii ’
John T. Willis. Sheriff, et al., ts. John I*.
Henderson ltnle Ts. Sheriff, front
Eirlv
McCAY, J
Where eeroon lands were leried on n« the
property ..f a defendant injf. fa., and he died
an affidavit of illegality, setting up that the
lands were the property of a partnership
company, of which he was a member, and
also a claim to the lands in the name of the
partnership :
Hei.d, That nnder section of the
Code the assets of a partnership, including
lsnds, the partnership being for the purpose
of farming, are not subject to levy tad sale
under a judgment against one of the partners.
3. The interest of one partner in the assets
niahmrni against the Urn. and the Sheriff
was not guilty of e contempt in raoeiriag the
affidavit of illegality and the claim, and
staving the proceedings.
Judgment reversed.
R Sima, tw plaintiff in error.
H. Fielder, for defendant
an issue of fai t as to the consideration of the
note, that question should have been submit
ted to the jury, and it was error in the court
to decide ou the facta and dismisa the plain
tiffs case.
Judgment reversed.
Hines & Hobbs for plaintiff in err.w.
Woottcn A Hoyle for defendant.
Son:li Carolina Rsilroad Company et al. vs,
H. II. Steiner et al. Injunction, from
Richmond
LOt'HRAN E, C.
We hold from the facts disclosed by this
record that equity may take Jurisdiction by
bill in the nature of a bill of peace, under
secliou Sice of the Code, and bring all the
parties, plaintiffs and defendants, into the
forum, and adjust their equities and several
rights by one decretal verdict, and the in-
quiiy upon the truth uf such case, to cover
not only past but future damages, -o as to
stop all future or further litigation in or about
the same subject matter, and operate as a
complete investiture of the legal right, free
from further claim of damages to the rail
roads in their use of Washington street. An
gusta. for railroad purposes, hv steam power,
within the legitimate scope of the legislative
right granted to them upon their compliance
with the verdict:
Heu>, That the act of the mnnicipal an
tborities, sanctioned by the Legislature, gives
to the railroad companies the right to use the
street in controversy. But the failure by the
Legislature to provide lor the assessment of
damages, by way of compensation to the
property owners on said street, does not take
awav the right of the party to his suit at law
for damages under section 2*192 of the Code.
Held agaih, Thst while the use of a pub-
lic street may be granted to railroads to lay
bars of Iron'on to run over with trains, with
out endangering tne street by obstructions oi
embankments, yet if the use of locomotives
inflicts injury upon those who lire on the
^ JB| The Express has
been bleared AwtaflMwuek with refreshing an interesting account of the anniversary
sbAwenn^nh, and dntylkiag Of the rege- meeting of the Bartow County Bible Society
The al
•T TKL.BGK AMI.
tailing temperaat
prepared to
members!*!,
tains a call
26th fur a
interest to tlie
Sabbath last.
Jericho, a flour- The McDuffie Journal says we understand
fat Bparta, is that cotton is opening very rapidly in this
of ladies for section. The same paper states that' a rattle
Planter con- : snake was killed, a few yards in front of the
in Sparta, on the j Methodist Church on Monday evening lnat.
i of all matters of: Be had nine rattle* and measured five feet In
,ob of Hancock. ; length.
The Paisa*Uo flanaisa aaya that Interesting Tha Monroe Advertiser says that arrange-
■ueetinga are gulag unfit tha Mothodht ana ments have been made by a number of gen-
Baptitl churches of that plant. There is; demen to offer at the next Fair in Monroe,
much sickness in thasfobuty of Palmetto— a handsome premium to he awarded to the
in some cases poring, fatal. The prospect finest looking married couple in the county
cotton crop, iu Coweta county is who have never been troubled with chil.ln n.
. The Middle (
brook diedlaat
made the trip
W. H. Sparks, of
a few days in —
thaj a street
Saturday between
Several shots
hurt. An ln<
in the rhurch at
Colonel L. T. Ih
miuin on corn.
is lively fur the (Put in a protest to such premiums.—(
Club of Palmetto, Trrcnos.
the Qaiette has re- ] The Rome Commercial says that Temple
ttiirteen inches, non will show some things that are “vane
twauty-aix I during the Fair week in Roue. H. D. Colli-
f -«* ,i i ,, ion, iif gome, will vote the city stock in Lh<
Commercial Convention in Baltimore, Sere
tftnber 25th.
In' Artb ou J The tsavsnnah Hews says that the revival
len of tha cky. - meeting at the West Baptist Church ia still
No one was! progressing with unceasing interest. Two
is progressing hales of new sea island cotton have been re-
.aiding countv. ’ ceived in Savannah, from the plantation of
Griffin, tikes the pre- G- & J- Atwood, near Darien. The same pa-
‘ per slates that the saw mills belonging to
t 'ivlcvnmt VV n Jla.vI.K.w T !Um.
a a. , | Colonel W. B, Gaulden, of Liberty county.
£Sn?3Tit JSTCtfS? ! %^ Umaeed by ,be ,tonn to ,he • mwmt of
id Saturday. TUM-paper states that it „ _
account.
and Saturday. Thgt.-paper
waa more disastrous ttjpa the atorm of Sep
tember, 18M. The J
The Chronicle and Sentinel says thst a
byth*! <v ’h>red man was found dead near the Lafay-
■vsnnah will not: fitte Ra( <> Course. A post mortom examina-
' tion was had, and It was discovered that he
died from hemorrhage of the lungs. Augusts
had a $300 Are Sunday night. The Augusts
Council favor the enlargement of the canal.
Tho vote of the people on the matter to be
had the second Wednesday in October. The
Augusta Factory to build* a new mill The
Augusta lxiys kill birds in the cemetery with
Alabama slings.
The Savannah Advertiser says that during
thousand dolhus.
at one point is
id dollars. The
ivanaah. Skids-
were both dam-
iDjury to private property it Immense.
The damage at the cotaon warehouse of Dr.
Clark is eatimsted at fltSJMO.
The Griffin fitar aayg that the mill-house a . ...... •
of Mn. Pitta, soma flr* miles from the city, i!"' 1 "-'., n, <5 l, ‘ th . e house of a citizen
was destroyed by iaa on Sunday night, ^“th Briiail street, near the Barracks, was
Quite an interesting rePgious meeting going ^ preserves, dresses, etc.
on in the Preriiyteriaa ChureU,. iu Oriffl * i T‘ie Advori.ser gives an interestmg account
The Star says them prospect in that ’ tea-prion of all that wasmorulof the
section is quite encouramng.amlthe general ^ty-two Confederates who fell atGettys-
feeling among the far—its rather buoyant, ! ~f rR ’ ani ,,f tb < ‘ ,r interment at Laurel Grove,
while mercliants are Jaoking for a heavy- The »me paper states that the damage done
trade, and mechanics farpienty of remunera-1 to ,he A U antl0 ."nd .Gulf Railroad, by the
tive business. Tha na«-itnn* just complet- slorni on Fri<1 *!' h “ b<H,n re P» ir «>.'
ed by Rhtm Sc Boyd and J. H. Johns are The colored people are to have a camp-
qidte an ornament to On upper end of the j meeting near Forsyth. About 200 visitors
busincm portion of BUI street The Star »t Indian Springs. On her way to Taberna-
alao gives an aooount of a fire in Griffin on I cle Church, Mrs. C, Hill, of Cox's District,
Sunday night, by which Mrs. Thompson's was thrown from her buggy and dragged
loss in destruction of fism and outbuildings j some distance. Her shoulder was broken
was considerable, % total! loss by Mr.' ami other severe injuries received. The
Shackleford. ay j names of G. W. Adams and A. J). Ham-
s^wh— mond have been suggested as suitable per-
Corrvaooudfnce ef tho Atlaau OoaMitaUon. sons, either one to fill the vacancy for Sena-
1‘hr AlrsUaw Mhoad^TsUslak ' tor of the Twenty-second District. The to-
anfl Tsstoo rolM Tlsllsu nr tnl value of property returned In Monroe
_ -frv, . county is $2,862,989. Amount taxable $2,-
There haa not reran# been Inagurated In [ 107,5«9. Average value of land $4 3fi per acre.
Georgia an enterprise gnore potent in its cf-1 The Advertiser saya that Pike county has
frets to Im th Atlanta find Normst Georgia,, 8r > 7 white and a 70 black polls.
■trurUoq f^the road heading this! Fr,)m ‘ h <' Brunswick Appeal we learn that
c •• there was a serious aecident on the Bruns-
soort article, i wick and Albany Railroad, on Friday last,
This road penetratriiyor the first time, a near Millwood.' The engine turned a com-
i-t region of coiittfl^ hitherto bdt little I plete somersault, crushing the leg of the con-
known, aud unlocks tto prmlucts of millions i 2 ucU,r * Mr. Btockin, and seriously Iniuring a
f 1 i « *kL 4 • a. » r • fircraau. At a meeting of stockholder* of
of acre, ol lands, fromfiarnere heretofore ex-, thc Brunswick Compress Company, held in
isting, ao that they may now flow into the New York, August tilth, N. 8. Armstrong
readv markets of AUeata, and bring back' was elected President, L. Bason Drury Ruper-
tl.c rnerchiueiis*-so inaCfitienIrelbvonrhardy Jutendent, and J. 8. Armstrong Cashier.
J The press will l»e delivered in Brunswick on
mountain yeomanry. X Ua . : the 10th of October. Wharves and*hed9 are
Northeast Georgia gnu* region of ! I>eing built at the ftnit of Gloucheater street,
toe Stale—here OiMk*$oi a* on toe adjoining to* of which the press will
choir* hay, l*>th clover and graMS, t'an, and j he erecte<i.
hereafter will he made, for now we can get; The Columbus 8nn says that the genuine
them to a market h\ h remnneratiw profit, J <» n tj» r pni Hr ] 1R8 been found in the cotton on
which before the construction of this road ti lf . r irL plantations inOswichee Bend. Tho
coulu not be done; thousand^ ot bushels of, sa|Ul . m „ r Mtttle8 u,atthe Rev. Mr. Whipple,
the choicest fruits. In the course iff tie next: Gimj-d Baptist Church, immersed 42
ensuing year, wul roll into your marvels. j^ople—27 women and 15 men—iu the pool
from this portion of the State wluch has; Girard la8t Sunday. This makes 57
heretofore be»*u worthless; lime kilns will be • immersed iu the la«t \wo Sundays,
put m oppratMJii, turmalang unlunlU-d quanti- j Tbe Chattahoochee Boat Club offer liberal
lies of this great esaeut ial to the builder and | pn^ to In' contested for at its second
farmer; our tnexhaiiHUble iron mines will ( mi uual re^uttte, tol>e lae1<l under the auspices
now become available, as toebeayy Iranspor- of the (Rumbus Industrial Association
tation tax heretofore existing will, in a great (luring ihc next Fair, iu November. From
measure, be removed when the rood is com- ^ Columbus 8un we also learn that the City
pleU'd tUoumU the vState.. i Council of Cuthbert has subscribed $5,0W
But ihe profits of the enterprise- will not ^ High Schoiff, and it has been ratified
to Atlanta alone, but will reap-; jj.. an almost unanimous vote of the city,
rood. Tut- r >«d in now I'ooipleted to thej /-..in « .. a ,
foot ot Uw momitaias. vet our Tomm Falla, The^ Central Georgian says, tho Sandera-
Tatlttl.ti FWlS »mi oth.-v wild mountain ^" p Amuteiira are to give a conrert On Fn-
seenery of ti.U orelfi-n .re bringing in bun-; 1f, “ u ‘fl>»P e 1 r ■*“*“ JJ»‘Snce fod-
dmls oi inlnUigrat viaitora, ►.me of which, »»" ,*?«» c|rl PI Myi «!« »hdh corn
are h;q»py tlhaow. are e-Hizw ol Allan^ »" •"«*"» flatlmug yet ho,w«
we regret, howaver. al not finding the; ™tertaim-d tha enough ha* In-en made
euu-tpriring proprieb.r of T«k C'nrerem-
tion- anil The iiSl, n/uij amoiurat th e • be slow sale in Washington county another
nmnbre J ‘ ' * ‘year. Cotton picking ims commenced in
Invalid* are reporting here for the benefit i Washington county! the Georgian think*
dilapidatad (‘onelituttone, and procuring a! will not before ttomwo-
stock ot good lurallli to .gain enter upon th'r'I’ oi »n Orel 8e*sonable reins
•1-ir usual <K-0UDaiions have been pretty general The health of
'hi* s.ciion S Georgia will become th- Wa»ldngLm hasn e vert«enbetter.t
Saratoga of the Empire Btata of the South; £>>H-a«on of the year The ^ George
UeliesG*?BrUUehem wiil p^rid.Vo^S
of Colonel John K. Prescott, Solicitor Gen
eral of the Middle Circuit.
thc road.
shortest and most dirert between th«cities of
New Y'ork, Piidadelpuia, Baltimore, Wash- ,
ington, D. C. t and New Orleans, it must of |
necessity become the "i»at avenue of com
munication between those dial ant point*, j Grant has forty-throe of his own and his
and prove to be a good investment for it* wife* relations in office,
owners. Running, as it does, almost entirely"
through a mountainous region far above and
distant from the malarious region of the
coast on the one hand and that of the Mis-
iasippi Valley on the other, it possesses pecu
liar advantages for the travel mg public, and
doubtless will become a favorite route.
J. V. B.
C l.ARXSVXLI.K, Ga , August 1$, 18?i.
M. L. Nelst*n vs. M. G. Stamper, et id. Cora
plaint fri>m.Tt-nvll.
WARNER, J. - » wo—
This was an or iit/U brought by the pl»ln
tiffs against the tlefendau>» on anroityisiory
note, to which the defendants uloa tlieir plea,
alleging that the consideration of the note
was negro slav»“s. The court examined a Buss la Is making groat military njeparo-
witfj4»s-, as to that fact, and dismissed tbe case tirtwa ^ J w
With0a, ™ bml,lin * Tbemlure.' ririkre in Pnu.h Wnlr* ha*
Held, That a* the defendant'* plea made <*nje to an red.
F.r.lx. Mew. Itanaa.
A mtni.terial rriais L* eminent at Munich
The cholera haa appeared at Btellta, Prus-
TU» fih«af of Tblw* In France 1. begin
ning to warm.
Kazan U thc only city of Kusda which ha*
a volunteer fire oompany.
There bae been 448 rave* of cholera In the
Poli.h town of Euwalkl.
An Engliri) railway accident at Waiver-
hamton Injured thitt/people.
Four hundred lire, were recently iori by e
Typoon at Kaba, Japan.
In Ireland laatyenr $135,210 were paid for
dog licenses.
Mexican newspaper, are dbrureing the an
nexation of Mexico to th* United States.
An immense military camp 1* to be estab
lished near Samnsr, in France.
A monument to Dumas, costing 10,000
franca, is to be erected at Havre.
Of the sixty-nine members of the Com
mune of Faria, only nine were Parisians
The journal, report outrage, committed by
the German, in France.
Prenkfort-oo-the-Main, Germany, is to
hare hone car rellroad*
Berne, the capital of Switzerland, has 35,-
'30 Inhabitants.
The Belgian Chamber of Deputies haa
passed an act abolishing Imprisonment for
debt.
The dries of Constantinople and Odessa
are to be connected by a cable under the
Black Sea.
The receipt, in Bumia, from the tax on
whisky, amounted to about $108447,000 In
gold during the year 1870.
Queen Victoria tm* gone to her Scottish
pd.ee of Bdmorek Her sickness tree been
exsggereied.
Marshal McMahon’, report of the siege of
Pari. U n formidable military document, oc
copying twelve column's 'in the Pari.
_ joonmC.
MMM by'throwing smoke throngh tha houM. At the twaqaat rtvso to tha French depa-
akmg the street*, oc by Its weight .treking tation on tha Mtt. in Dublin, tire Lord
them or breaking the ptowering or vrelk,ete., 9?^.
end bv the noise and sereeehlng of whMles which wan mow red. with a
i noire and serereUng of whMtle. which wan i—lead, with a toon
les, tho legidatlve right to run Im tha Preach A—.hiy, Ooaal
street does oot make mob new etotawel lyilaa
and by the
and engines,
over the street .
acts trermleceraud the injury Inflicted upon
the lent rights of tbe parties W not towreea _ , ,
otoyaefayndto. - Upon tho trtel tha relo ciyot ^Nwily. am
evidence should beUmiled to actual damage, fiirnmrt <*-«>■ oh
the right tom tho street whh reooooaHta. .-AgptmH
otatruotion iu the peosage of train, ii pomlt- held in Bmlto am
ted by lsw, and is not in nlmi.it ot if.rn.go,
nor is tbe jolting over the iron rail metal
nor the apprehension of the Hfitv at
dreo, nor are pornlbOltta. In easasuf M
Lotte Important New*.
Stru$« Story About H. 1, KUnbail
ssd Bullock.
a visit no Ki.uurnt.
The Upon, of tke FlelO—The Fxrliing
Pox Chase...% Xlemorlel church—
Dr Bariu| a«4 *tir Orphanv' It amt*
••The Aiifatu aad Hartwell and
Xarilirasirru Railways — Cnltlvw
«»«u at Cro^cs-Xancj Bart—The
(iraw of YTaii. 1% • U. Crawford.
ELdBHvaN, Ga., Aufnist 4,1871. I
EtKtor* Cn.Mitation : Running the cycle of J l* n £ u * s ked alalcsman is au cj
rainencemcKt* tha. have occurred during frol^F^'a. whiriTto
e “healed tenn has served to tone down Minister to that country man
It 1a Believed They Dare not Re-; commcm-emcrit*
turn to Georgia. tlie
— your correspondent to a point that baa pre
«ra .. — A - ... I pored him to enjoy Mii-b a quiet retreat AS lit*
Kffniball Reported as Havlujf, Gnils the ancient towu of Elberton to he.
The exit from the m vul uuusually alining
Reported
Failed—Llabili ties Over a
Million.
Balloek'a OpBUCounty Farm Coot
Rare Thai Him Salary Harr
the Whole Term.
Political Items*
Dallas, Oregon, baa hod a $100,000 fire.
A three-legged dog is tbe pride of Dayton,
Ohio.
General Beauregard U at the White Sulphur
Springs.
Pittsburg is to have a new City Hall to cost
$300,000.
The Gilbert tjsters art playing tacceasfully
at Beertheba.
The LaCrosae Republican and Leader have
consolidated.
A gentleman In Massillon has a Latin Bible
332 years old.
Bret Harte will publish a volume of verses
In September.
Orangeville, Ontario, fas $4 oUfa o&fr-$
woman aged 115 years.
O’Donovan Rosas ha* gone into the Insu
rance business hi New York. %
General Stoneman ha* been fiut on tha re-
tirc^ list on account of disability.
The product* of t4« Lake Superior iron
mine* for 1871, are estimated at $1^60,000.
A monument to Milea Stand wich, was ded
icated at Dnxbury, MaasaohuseUs, on thp
16th.
Professor Watson, of the observatory, at
Ann Arbor, Michigan, has discovered a new
planet.
Henry Ward Beecher I* engaged In an
elaborate review of the life of ^Washington
Irving.
Tbe Tribune office, in Nsahvtile, was dam
aged by fire to tbe amount of $1,000 last
Wednesday
The Radicals in California are try ing to
run the campaign in that State on a riot.
It is rumored that the capital will be re
moved from Long Branch to Washington
al»out the middle of September.
In a speech in St. Louis, Senator Morton
said; “j think the government would be
safer in the hands of a great many negroes
than in that of a Democratic President.* 7
The San Francisco Examiner says, “from
every quarter of California we are in receipt
of words of good cheer and encouragement.
Haight will carry every county in the Biate.
General McCook, Democratic candidate
for Governor of Ohio, has been so prostratefi
by the labors of the canvass during the hot
weather that ho is obliged to withdraw from
active participation in the canvass.
The New York correspondent of the Cin
cinnati Commercial say*: “Unless the Dem
ocrat* put up the right man, there will be s
third candidate, that if they nominate a good
man, ifho “accepts the situation,” multitudes
of Republicans will vote for him to defeat
Grant.
The young men of Louisville, Kentucky,
composed of those well known and influem
tial, have organized a Y'oung Men’s Demo-
pratic Clqb. General Basil Duke was elected
permanent President. In their platform
they say: “ Waiving all questions as to the
policy and propriety of the last tiiree amend
ments to the Constitution, we recognize them
a* a part of the fundamentallaw of the land,
subject to repeal only as provided in the Con
stitution of the United States. But we in
sist that, in accordance with Democratic
usage, they shall be strictly and exactly con
strued, and that they shall wsrraut the exer
cise by Congress of no power not directly
and explicitly given by them. We firm
ly believe that the chiefs of the Rad-
Special Dispatch to the Daily Adrertlaer.
Wasbixgton, August 2L-r^i ia believed
cut and Nevada., In the former'
failed for. four hundred thousand dollars,
and in the latter for eight hundred tmffisaral
dollars. HU Georgia liabilities arc estimated
at over a million dollar*. Holders of his
scrip should look well to their interest, as it
is regarded in financial circles as utterly
worthless. Quite a numU-r of Kimball s
Southern creditors have gone North to hunt
him up.
It U believed that neither Kimball nor Bul
lock dare return to Georgia. It L said that
Bbllock Is building a barn on his McAfee
form, in Cobb countv', which lias already
coat fifteen thousand dollars and is not near
finished. Its final cost will far exceed Bul
lock’s salary for the entire term for which he
waa elected Governor.
EDITORIAL COMMENTS
The above we copy (just aa it appears In
the Advertiser) for thc simple reason that in
the upheaval that is now'agitating the public
mind, it is needless to try to suppress the ru
mors and reports that are Hying and being
published all over the State, and also to ex:
press an opinion about it At the very outset
The Constitution will deal with.tlie article
plainly, as i* its custom. Wc believe
it to be purely sensational. That Gover
nor Bullock has no intention of com
ing back to Georgia is an altogether incred
ible statement, and the same is true of II. I.
Kimba’l. That H. I. Kimball has failed for
a million of dollars, and that creditors are
hunting him up at the North, we do not be
lieve. Excitement is rife, and at such time
the imagination runs riot, and the most ex
travagant rumors prevail. Such extrava
gances do mere harm than good.
About that barn story, though exagger
ated, we believe there is some truth. At
least Tire Constitution ought to think *o,
as it started the report.
But having said this much, we must pro
test, in ihe strongest manner, against the
course of the Gotornor of this 8late, and
call down upon hi$&ead the condemnation
of every citizen of Gehrgia, white and black.
Far away at the North, he is strolling about
the country in miserable imitation of the
Ridical President of the United States, and
like him, sending orders by telegraph, when
he should be at his post in the capital, looking
after the interests of the State. Now that the
robberies upon theStaW Road are in process of
exjioeure, why is he not here, assi>ting in
ferreting them out, and bringing the perpe
trators to'Jnrfife * Or will hv turn up vffily
in time to make use of the pardoning power?
Either let him come home, or else signify his
intention not to return. No wonder that
such rumors are flying, when he absents him
self from the State at such a criti
cal juncture. The people of tho United
States may endure the shame of the Long
Branch drama, bnt the people of Georgia
demand that their Executive return to his poKt
and aid in exposing ihe wrongs inflicted under
his administration. Let him return imme
diately. _
THE STATE ROAD FRAUDS,
Ware Arr«ata~Arrest at Isaac P. Har
ris, Kx-Tr«msmr«r—Ha Rives Baai
Im the laai •« Tea Theaaaud Rato
la re te Aaawer the Charge «f Lar-
ceay After Trust.
Y'csterday morning Mr. Isaac P. Harris, Ex-
Treasurer of the Western and Atlantic Rail
road, waa arrested In this city by Constable
J. R. Thompson, under a warrant issued by
Justice William M. Butt at the Instance of
Charles P. McCalla, the general book-keeper
of that roid. The warrant charges that
“siad Isaac P. Harris, in Fulton county, on
the 27th day of December, 1870, bring then
and there an officer employed in a public de
partment, station and office, to-wit: Treas
urer of the Western and Atlantic Railroad,
did fraudulently and wrongfully embezzle,
steal, secrete, take and carry away a large
sum of money, to-wit: the sum of nineteen
thousand dollars belonging to the State of
Georgia, and which came to the hand* of
said Harris in his official capacity as Treasu
rerof the said Western and Atlantic Rail
road. * > or
Gen. Gartrell, and Messrs. Thrasher and
Thrasher, represented the defendant, and
Solicitor General E. P. Howell was present,
representing the State. General Gartrell
came forward on behalf of the accused,
waived a preliminary examination, and ten
dered a bond in the sum of ten thou.'-and dol
lars, with John Ham’s, Esq , father of the de
fendant and President of the Georgia Nation
al Bank, as security. The General remarked
that Mr. Harris was innocent of the charge
made against him; that he had a large num
of money in his possession which h«- did not
know to whom he could properly and safely
deliver the said funds, and that In had de
posited it in a bank so that he could turn it
over to any person the Legislature might
appoint; that these facta woqld be made to
a| toe trial, and that Mr. Iliuris
convince the jury and the c ountry
of his innocence of any design or attempt
to do wrong. The bond was accepted, and
the parties left the court room at about
eleven o’clock. It ia proper fo remark that
Mr. Harris is already imder bond in the sum
of one hundred thousand dollars conditional
for the faithful performance of thc duties of
his official position as Treasurer; and this
accounts for the accepting of a bond for a
smaller sum than he is accused of embez
zling.
Mr. B. W. Wrenn, Ticket Ageut of the
Western and Atlantic Railroad, was also ar-
scenes of the University iff Georgia, waa ef
fected in the directum of Lexington, but the
proximity to railroad^' and the recurvence of
the daily post was a little too metropolitan
for one who was in quw-t < f ‘a “vast eon
tiguity of shade,” aad making au honest ef
fort to escape from the dust yf the moving
multitude. So a journey to Elberton was
determined upon, and a* no line ot railroad
traverses tbe region that separates the point
of our departure from our objective point,
—*“
leal party have sought and are seeking, by
moans of a latitudinarian construction of the
Constitution, and especially by their oonstruo
tion of the 13th, 14th and 15th amendment*,
to change the form and character of the gov*
eminent and deetroy tne liberties of the
people. We believe that their construction
of these amendments is erroneous, and of
EBh» ***** twsuty-six j itae pr renders them unsafe and Improper ous-
hundred millions otdoltarasrespent snnuslly ^d^ns of the public interest."
for wsr purposes. 1
Lesvenworth county, Kansas, has voted
i |HO,000 in aid of s narrow-gangs railroad
l rom Leavenworth to Denver.
Boston used last year 382JSJG barrels of ale,
and 58,065 bands of lsger beer, which coat
the retailer* about $3,000,000.
C. C. Clay haa accepted the office of man
ager of tbe Alabama Department of the
Life Association ol America.
E. W. Cole haa been re-elected President of
tbe Nashville sad CfiStUnaoA Railroad
Company. Chattanooga is to base gas by
tbe middle of September.
E. and A. H Batchelor St Co., of North
Brookfield Massachusetts, are tbe largest boot
shoe manufacturer* ta tbe worht They
who
'■mount
and
employ about fourteen hundred
drew monthly wages to fhs ^
of $77,000.-
ha. import§qqq U lie peeoh
haa Axed tha capacity of a
rtifritoj wootaoaaL Tha
_ require* a bo* jat„
madenre. which mafias one-
bqahd, strict measure.
0-1 bareheaded, barefooted little
arid one births, amd owe
say papa i Tha pi«* at* toll”
fary martyrdom "tn tL
transportation, which con-l
luiiuttTvt' rfiddo 01
* fT\i -in an airy
hr transit "across hill anff dale wl,
accomplished In thc ancient civic of jour
neying, the chief characteristics of widen
were to test our power* of endurance in di
mounting from our comfortaffff' position* for
the purpose of descending and ascending as
pedestrians every rurged hill that we might
chance u> encounter. Jiv enreh *s direction
we forsook thc dffwt one ?T travel and di
verged into the rrfmify of MAdison, which
brought us iupj a region ju>l aU>vc the con
fluence of Xortliand South Broad rivers, and
which necessitated the passage by means of
ferry craff« two stream* m nett of one, ami
Which d«'velo|*ed such a series of hills and
corresponding valleys that it was difficult t*
determine whether we had achieved the feat
of a journey athwart the territory of Madi
son more on foot than on a heels.* Its physi
cal aspects were rough indeed, as our explo
rations served to reveal.
Before our exit from this county, we
halted at u farm house for further directions
and refreshments, and nhilst thus engaged
my attention was attracted to a pack of
sporting dogs, and in answer to the inquiry as
to the object of such a troup of the. canine
brood, a siring of red fox tails, that draped in
festoons upon the wall, were artistically dis
play id as trophies of the chase—this re
sponse was satisfactory. This sport of the
field is a favorite pastime of the farmer, and
n<*t unfrequentlv affords Rev mond an oppor
tunity to furnish illustration® of Ids pro
verbial running in following, for miles, n
dusty road, in order to confuse and thus
elude his noisy pursuers, and for a similar
purpose, he often swims these converging
streams, but Ufa voyages across tlie waters
affords but transitory relief, as the music
of a score or more ot" hounds Is too inspiring
to a troop of eager, well mounted hunters,
to induce them to abondnn the chase. So
the object of pursuit rarely fails to come to
grief.
Another striking feature of this famous
farm house was the number of chickens that
cowed the Lice of thffearth; a familiar call
of the hostess blackened the barnyard with
the feathery tril>e, from tlie chick under the
winy to the airy “cock of the walk.” One
hundred and tight chickens was the product
of nine liens within the past thirty days.
This statement will serve to furnish an idea
of the extent of the flock on hand, and to in
dicate the thrift of the husbandman cultiva-
;• the rugged hills of Madison,
t was beyond the hour of eventide when
reached our destination, where we found
the District Conference in session, with the
usual number of dclegati-s in attendance.
Colonel Holier» Heater, one of the leading
citizens of this region, ami his good lady ten
dered us a cordial welcome, and we, with
others, share*! tkrir luuruiaiity during our
sojourn in EHKTton The citizens are pro
verbial for their generosity and Intelligence.
Thev entertain in the olden princely style.
We found lies. Dr. Jea«»e Boring here, repre
senting the interests of the Orphan's Home.
He filled the pulpit several times during the
session of thc Conference. The claims of
the Home he presentixi in his usual impres
sive style, ami secured for ihe same in cash
and subscriptions an amount in excess of two
thousand dollars. Ilis snores* in the enter
prise in which lie has embarked has thus far
exceeded any cherished hopes ever enter
tained by him.
Two projected enterprises were discussed
by the delegates to the district meeting, and
resolutions were adopted looking to the ac
complishment of both. One was the estab
lishment of a District Educational Institute,
to be located in Ell>erton, and tlie other, the
erection of a Memorial Church, to be con
structed of dressed granite, in honor of thc
memory of the bite Bishop Andrew, who
waa a native of this county,.and who began
his ministrations here. The dimensions of
the edifice are to he forty by sixty feet, and
will serve to ornament this pleasant place.
The citizens, with grave concern, contem
plate thc agitation of the scheme of the con
struction ol the Augusta and Hartwell Rail
way, the contract for the building of which,
it was announced by telegraph a few days
ago by President Underwood, had been
awarded to experienced and w ealthy parties.
The points that it is contemplated to connect
are Augusta and Clayton, separated by & dis
tance of ISO miles. The latter place is loca
ted in a beautiful valley, three and a half
miles Irom Rabun Gap, through which
tbe Blue Ridge Rsilroad Is to seek pass
age, and which is to connect Cincin
nati via KnoxvlUe with Clnyfon, thus
securing an uutnt emmlcd tran sit from
the Ohio River to Tort Rbydl. The com
parative isolation oi the counties of Colam
bia, Lincoln. Elbert, Hart, Franklin, Haber
sham and Rabun, from any public facilities
for travel and trauspurtatmn, aud the large
products of this regq n, entitle it to thc
highway that is designed to traverse this
tier of counties. A preliminary survey of
tlife South has been made via Ellx^rton, and
it is hoped that such will lm taken as
will leal to au early inauguration
of au enterprifew. as cannot fail to
add greatly to the prosperity of a country,
the rosourccs of which have hitherto re
mained undeveloped. The completion of the
first ten miles of the mad will entitle it.to
the ajd ol the State, to the extent of fifteen
thousand dollars per mile. The rood; it is
contemplated, will occqpr some sixty miles
of the 13nv&unah River bonk to confluence
of Broad River, And t&Bn the ridge dividing
the streams, thus avoiding much bridging.
The Northwestern Railroad, froy^j^jtous,
proposes al*o to coupeci. wpth day ton,’and
thus secure the advantage of direct uomnxu-
munlcation with Cincinnati. The sum of
$300,000,1 learn, has been gutocril>ed to this
enterprise. It will penetrate a region greatly
in need of such a work, viz : Clarke, Jack-
son, Habersham and Rabun counties; and
the people to be affected by it, are greatly
conoemed for Its speedy construction It is
79’.miles from Athens to Clayton. The right of
way lias been secured and much land ha*
been subscribed, and I learn that the Direc
tors have determined to adopt tbe wide
gauge. It Is some 13 mile* from Clayton to
thefamous Tallulah Falls.
r In reading thq jr^q^incra of the recent
rested, and gave bond. He says that he has! Agricultural Convention at Rome. | observe
lx thousand dollars tn nis hands. His. that I(ev. C. XT. Ilow'ara suggested that our
*>ok;
mm by,
tbeaya-4
uow wim the crowd goo- swaying along,
Halting mrh-oth<'r with humor and -floog
Mow the gay •ledge.*, ltbo moti-on*.
Brigut for tbo ntutneat, tl».-n i»*i i 0
Hi using,
l>»"hin r ttor
Over th.* crust of thc beautiful nuovr •
9uow «o j.nre that It Tulli from the *kv.
Tn W trampled in mud by thr crowd ruahiaa by
To be trampled and trark«*d by thoitMntU of f«ai.
Till It bend* with the filth in thc horriblestraaL
Once I vi« pnre a* the **now—hut I felt!
• .-now ilake*. from heaven to hril:
•-* Alii* in thc fltn-rt;
Fell, to be wotted, to be apU *«<' b«-at;
Pleading,
CuniBf
~ t*r. »uiag to dia.
Selling njy wnl to whocrer would buy
Rtoingin thame for a motsel of bread,
Ilatin" the tiring and fearing the dewii!
Merciful Uod! bare I fallen m» low ?
And ret 1 wax once like thc beautiful snow !
Once I was fair a* the beautiful «now.
With on eye tike th .t ratal, a heart like its glow ;
loved for a»y innocent grace
Flattered And nought for the charm* of aiy face |
Father,
Mother.
SUter alt,
Ood and myself I've hat by mr fall;
The veriett wretch that goer shivering by.
Will make a wide swoop, lest I wander too nigh;
people arc entitled to leant something of ttoa
outside world through the medium ftoot
would be furnished them in tbe coMtractioa
of the Augusta and Haiiwvll Railway.
In my recent visit to Lexington, I avnttod
myself of the opportunity to visit the footer
homestead of one of Georgia’s moot diotin-
euished citizens, the Hon. Wm. H. Crawford.
It is located some miles from Ltxfaftoa.
and his resting plan- lwing ou private pram
isos, I apprehend is seldom the object of viaite
from strangers. I will therefore venture to any
that his grave is surmounted by a casing ot
dressed granite, upon which rests a siatela
slab of marble, bearing the subjoined iaacrip
tion: “ Sacred to the memory of Wm. Haim
Crawford. Bom 24th Fchruoiy, 177*. te
Nelson county, Virginia. Died 15th Sep
tember, 1834, in Oglethorpe county, ttoovgio
Iu the Ltwisiatun* of (jeorgio, ui the Bswote
°f *he United States, as Minister to the Court
of France, in the Cabinet and on the Bench,
he was alike independent, energetic, faortaaa
and able. He died as he had lived, in theaor-
vi<v of his country, and left behind him tho
unimpeached fame of an honest man.” Ia
front of the residence oc*cupied by ttoa (
. , exotic—aroma
was liroughtby
i obtained whea
tiiat country many years ago. It
has now attained au altitude of some thirty
feet or more, and measures in girth perhaps
three feet. This famous tree now exhibits
evidences of decay. A portion of it* trunk
is void of vitality, and several of it* branches
show a want of life and vigor. For the soke
of thc association, the present proprietor of
the ground evinces much care in the preserva
tion of this rare exotic. J. N. 8.
TBS FALLEN SNOW.
Oh ! the snow, Ihe bcantifu! snow,
FlUlnsr the sky t »nh below;
Over U»o housetops, over th* street,
Over the hearts of the
epeojtle j
tom, ,
sHw^at filtegi
Rylng to ki«
cOingfbir to n
oh ! Jhttsnow, tin* b«ftaii?ul »uow,
" ?*■ fi»*kes gather and laugh as tbev ga,
hulMig shoot Tn thc maddening fun, *
It pl»jT mit$ glee with evorv one,
C bat-tug.
Laughing.
Hurrying by!
It Ugiita i»n the face and it **park ?• the eye,
Aud thc merry dogs, w ith a bark aud a hound.
Snap at f!» > enwtab ttiat eddy around—
The town is aliVc and its heart in a glow.
To weltxate tlie coming of hcaatifni enow!
Dow wild the crowd
Hew strange it Biiould b<* that this beautiful snow
Should fffli on a sinner with nowhere to go;
Jlow strange it should be when tin-night a.meaagaia.
If the anow and Uxc ice etrnck my dn<|»er«te brain
Kaiatnr.
i<*ked for i prarer, toi> w.ak for a moan
To be hoard in tb« hire ta of the crazy t4>wn,
thine m »d wiUi the joy of the *uow coming dnwa.
To he, and to die, in mr terrible woe.
With a l*ed and a ah mud of the beautiful aaow.
QM'onrrxiTY,
i waa on the hill-top*.
* 'am- riding down
Smiling nud gazing U)«t>n her.
Loath to go and loath to ata f;
For h' thought, the aweet
Waits on ray delay*.
lattice morning and night.
- ’ equander life * nar<y hour.
May,
Bh.ll
Ere the «lew
Iu reaciiiug my hati
zhat may bo plucked any nay
he paused. And the sunshine passed withhl^
And th * dew dried up on the thorn.
ropped all
That had crowncn her the queen a
Hut one© when hie heart was tried.
And life of its g ory idinru.
He turn»*U Llm agtiu to her lattice,
Bnt she and the rows were g ne!
ORANMA A L ABS POES.
And has to liuve tome inula.
Jus' two, froe'll b»* plenty.
qVrc going to haul our rails.
The splendid'-*t eob-fenc<-a
We're making ever was,
1 wish yon'd help n« find them.
Gran ma al'ar- does.
My horse> name is Betsy,
Nbe Jumped and broke bar hea*!
I put her in tbe stable,
And fed her milk and bread.
The stabled in the parlor.
i al’ar* H.s
I’se going to the corn-field,
. To ride on Charley's plow.
I 'spec:* he'd like to have me,
I wants to go right now
Oh. won't I '•gccup ’ awful.
And “whoa'’ like CUa leym
I wish you wouldn't bozzrjr —
Gran ma never does.
Bat Taddv musn't hav<
'Cause ahe wouldn't mind.
Put plenty engar on it.
some six — —« __ , .—
defense te the same a* thflt of *x Treasurer | people shonld^Kiee more aueauonto the cul
Harris.
Uraiion of grape*. TUia idea aa-nu to find
practical iUuatraUoa in the vineyard of Col.
The moat popular of all watch word*—
Tick.
A handy tone—“Por-tune." It fa not com
mon meter.
It 1* hard to respect old age when one get*
on a venerable pair of chicken*.
The moat suitable window for a single lady
when on the look-out—A bow.
Very aad—There have been more fashiona
ble ladle* dyed young this year than era-.
Never have a wooden leg made of oak, be.
cause the oak te apt to proauoe a-corn.
A barber te always ready to scrape an ac
quaintance, and often cut* them, too.
“Woman te a delusion, madam," euffaimed
a crusty old bachelor to a witty young lady.
“And man te always hugging some delusion
or other," waa the quick retort.
An old bachelor recently gave the follow
MM*ir*(te( laBMi Makm.
Genuine beer te as hard to And aa pore ale
or porter. Not only are malt and hop been
largely adulterated, bnt been an made with
out malt or hop*. Sugar, honey, molasses,
end liquorice are used for malt; alum,
opium, gentian, qinssi*, aloes, ooccutai In
dices, amara, tobacco and nux for hop*;
saltpetre. Jalap, salt, maranta, green ooppe-
ns, marble dust, oyster-shells, egg-shell, *ul-
i phate of lime, hartshorn, shavings, nut-gall*,
! potash, soda, etc., to prevent souring. The
| neautiful cauliflower head often comes from
green vitriol, alum and salt. Th* smack uf
age and the tingle to the palate often comes — . . - .
from alum, and new beer fa made edd in a they always be kept at teleeooplc Utatences
few hours by oil of vitriol. Take your ale, ‘H y uule aagel," asked a fond husband,
>d porter if you will, bnt remember its u—. comfortable in your corner ?" “Yes,
todnr «a.-fc»r “You do not feel the cold?” “Not
foxglove, ban- lt ^ “Yanr wiadnw- closes easily.”
baas, moltom, aad nux-voniloa, aad Ihe aar- -v«rv toesly. dear.” “Then noma and take
eoric power of opium, tobacco aad gratae of z - J
stsizz.sTSir&'tsiz
UU.MMSS jxj;r“8}.?sfesJ
has been standing for two T*erp, 1 must hare
- |—7t?—I Immediataly." Answer — ‘Sir,
JL Hester, of this plm%, who, from three
vines in hi* garden in the vintage of 1869,
secured seventy gallons of wine from the
Warren and Deveraux varieties. These vines
commenced their growth some fifteen years
ago, and now their thousand teadrils laden
with the purple treasures drop their conical
, duster* through tlie clambering branches,
and are ready to empty their hieioua iuiccs
into the wine vat, which process it te deter
mined shall commence this very day. A
visit to these extensive arbors just now with
their interlocking branches, biirthencd with
the weight of pendant fruit could not fail to
Stimulate “to the cultivation of tlie grape.”
Elbertcn claim* considerable antiquity, it*
existence dating tiack near ten decade* and
the territory around it waa the scene of many
stirring revolutionary incidents, not the least
remarkable of which were the exploits of
that famous woman, Nancy Hart, whose
achievement in killing two and capturing
three of a party of lories in her own cabin.
"h>l,
It'n right to j flit on angar
(Jraa'ma m an* tit*--
The Tomb of licneral Lra.
A correspondent describing the commence
ment exercises at Washington-Lee College*
Lexington, Virginia, thus speaks of the tomb
of General Lee: “ Hundreds of people riait-
ed, on yesterday, the tomb of Lee, which it
in the basement of Lee (’Impel. The neat
marble slab which covers tin- vault, the simple
inscription—‘ Robert Edward Lea; Born Jan
uary 18, 1807; Died Octolwr 12, 1870’—the
railing of black walnut (tbe post capped with
marble.) and the decorations of flowers, ever
greens and immortelles, impressed every one
with the exceeding good taste with which
everything had been arranged. But we had
an opportunity on yesterday of judging what
the totnh will be when thc design of the.
Memorial Awioobttion is curried out. Val
entine, the gifted young sculptor, had placed
near the tomb his modal in ploater of the
sarcophagus which the Lee Memorial Asao
ciation propose to place over the grave.
“It represents General Lee as asleep in his
nightly bivouac l»encath the stars, his military
cloak around him, and one hand lightly rest-
ling upon the sword which lies at bis side.
The face is copied from the oust which Val
entine made just a few months before Gen
eral Lee’s death; and which has Iteen pn*
nouneed by family and friends, a sjleaking
likeness. Tlie posture is easy and graceful,
just tbe position in which the old hero used
to sleep. The couch on which it rests is In
scribed with the coat of arms of Virginia*
ing toast: “Womaa—tha morning star of j jg we ll authenticated in history. She la rep
infancy, the day alar of manhood, and the relented to have been remarkable in her
evening star of age. Blees our stars, andma^r, phyaical developments, being some six feet
•* 1 —* *«i-nn.in sut.wriM Q| . more jn gtattle, and being marked by aa
obliquity ot vision ahe presented a formiu-
to > suddenly surprised
able appearance
enemy.
The eloquent Judge Charles Tait,
in Congress, formerly reaided in this county
alao General Samuel Blackburn, who mar
ried a daughter of the quaint but famous
Governor Mathews. Since , the close of the
late war, Elberton has suffered from two dea-
tructive fires but it isioi—» -recuperating and
i smcai new sod handsome structure* (m the
ho_M.lt settled immediately.” Answer — "Sir, nMic equir* attest Ihe enterprise and spirit
wonfiiDDin> cnaMtoh * things usually de settle by standing; Ira- of its eitixens. Two flourishing schools, male
townoms recent boadsv bv *>•* sny eeconnt ta *n exception. If it f sufi jemxle, respectively conducted by Mr.
town om s recent t^^tadlag »X) lag, suppose you let, Lyle end kr. 61ns. fornteb edocstkmsl ed-
* vsntagra W the youth of tbs ptoee. fluoli a
U ran xOmta.”
and other appropriate dcwices.’
Sad Sequel ta a Sad Little Starr.
About a month ago we published a curious
and sad little story of the strong attachment
existing between a mocking bird and its mis
tress, and showing to w bat degree human af
fection and power can be c.\tn ised over the
animal creation. A young Indy, Miss Mans
field, in Scottsville, Ky., had, <»n her death
bed, commanded her little feathered com
panion to cease its song, as in her restlesaneaa
of the sick bed, even his gentle warbling*
seemed to annoy her. After her dealt),
which took placl next day, the bird
was prized as a triend and pet of
the loved one whom death had called away,
and many efforts were inode to induce him
to pour forth its melody as a sweet reminder
of iu lovely mistress; but all efforts were
unavailing, and nothing but her voice, now
stilled forever, would break thc spell. Day
after day passed, and still silence, prolonged
and unbroken, held the bird in its thrall.
Refusing all food, it pined away, and. after a
short time, died.
This ia a true story, an 1 as it was told to
i. Who can tell what was the mysterious
tie that bound that little chorister of the
forest lo its dead impress?—Noshcilie
Banner. _
Fast Time.— Tue running time on the
Nashville and Caattonoorn Railroad is now
*aid to be the fastest of any rood in the
hknith. For seventy or eightv milea new
steel rails are laid, and thc ro ui bed is solid
and smooth. A rather exagerated idea con
be formed from what a passenger said the
other day corning down, lie remarked that
the telegraph p >tes seemed so close together
tiiat tiny “iooked like a fine-tooth comb.”
[Banner.
indistinct print