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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