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Itekln Constitution.
Term* mi HakKrlptloa!
it KKK LT'COS aTITUT ION po- unn f< 00
Al 1 *uh«rr1ptlon«i are parahto strict! r In advance
and. at tkc expiration of Uptime for which payment
if mv'.e ci.irM preTioosly renewed, the name of the
• at*- r!K*-r will he ttncken from our book*.
t *r tlohe of Ten $15 00. and a copy of the paper
•mt free to the gel ter op.
ATLANTA, GA.. NOVEMBER 14. 187
Speaker Smith.
Till* umilcman bu ioomc i up into a *ud-
den and Sattrrinf prominence, and Ike gen-
er.il attention directed to him would wm to
point l*im out as one of tl* ‘coming men" of
Georgia. The lu^nlbin of bia name for
G iTernor u reviving general consideration.
Unkrrnalarial Cundtdntee.
The following name* have been ?ugjested
for Governor Ex-Got. Charles J Jt nkins,
Hon Thomas Hardeman, Speaker James M
Smith, Gen. Win. T. Wofford, Gen. John 15
G .rtlon. Hon. Herbert Fielder, lion. C. J*.
W x»tt« n. Senator Candler.
C andidate* far I ailed Mtatea keaatar.
T ie struggle f.,r United Staten Senator Lae
narrowed down to the following limited
nmnlier of candidate*. Hr. If. \ M. Miller,
n. A. It Wright, Judge John T. Clarke,
Judge J.ts. S. Hook, Judge Worrell, Hon
Thomas M Norwood, Judge Linton Stephen*,
Genera: I*. M. B. Young, and thirty-nine
others. ^ ^
The LrfHlatare.
The Atlanta bid giving our citizen* the
privilege of voting in any ward waa passed
veaterday, and only needs the signature of
t ie acting Governor Ui liccome law. .The
bill it repealed wn the partisan measure
know ii as lit*; "Hole >ml»c bill.' Let msi c if
the ai ling Governor can rise above faction.
Hud sanetion a projior measure.
The S'-nrite repealed the usury law. Wr
are glad to r »: 1 tlii*. L t u* try the expe
rimoot of op.uing the door to nion^y, an 1
ms; if we can't have more money at cbeafier
rales of interest.
The Senate al-o repealed t! e act organiz
ing the District Court ■».
THE WEEKLY CONSTITUTION.
VOLUME IV.l
ATLANTA, GEORGIA, TUESDAY, NOVEMBER 14, 1871.
INUMBER .‘12
DECISIONS
U PUE.HR COt RT OF (iKOHGI.Ii
IMli z* red at A&inta, Tuesday, Sor. 7, 1871.
[uremrKi) ixnoimr for th atj.axta oomi-l
shipp-d and sold by I'kpi in Liverpool as bis I enjoin the obstruction of the streets, unless A resolution by Mr. McMillan, that Ui%j of Eastman, and to repeal all I
, - v- i - K ~— — •* ♦- dally sessions df‘this House be from T o*c1o« v k, j passed incorporating Uu* same
ct* of tl.*-defendant justifying tbe plaintiff of the constitution which was adopted
i s poking an age.iev, and as the other 1868. cannot fairly be said to be of j agents'was* a questioAo be decided by the [ they show some special damage to the
r.x.f .,f the agency i- strong, this Court will force in relation to this tax after the adop- j j ur y under the evident.* in the case. What- selves from said obstruction, different from
ot dis ':rb the judgment. “ tion of the new constitution, and the pas-age j eve * r might have been he liability of the de- the injury to the public.
A W. Stone for plaintiff in error. oj^the subsequent acts of 1868, nnl 1809. fendant as the drawe'of these bills, if the’ Collier, My natt & Collier, for Trustees of
. Law, Lovell Jc Falligant contra
’ ' 1 Andrew M. Ro% vs John Williamson. Pro- i the constitution of 1868 which will authorize
E. F. A W. W. Lawson. Executor*, vs. J. feeding for office books, etc., from Chatham, the tax collector now to collect the tax
W. Grubb, Administrator. Injunction, Mr CAY, J. spirituous liquors for that year subse-
fn-m Burke. | In a proceeding by an in coming officer. • quent to that time, and that as the
JOCI1RANE C. J. ! who ha* b-cn commissioned and sworn, • Act °f IS69 was not passed until the 18th
irs from the lull that the »S-»i n8t his psed censor, to com pel the tuniing I M»rcb, 1869, it would be a harsh conF*
a i i 1 iw f«,r the over of the books, pajiers, etc., of the office,
t , , , •" ' .... . ... r ... rs provide! hv Sections 162, 3, 4 and 5 of
rbt. lie n.t* an aiirq'..4ie r**ia 1 . » . .. . ,, '
1 sale of the prop-rtv and ! '*• tue Courts will not go liehind the
of the subsequent acts of 1. . , lt . UJHUk „ luc w *„„v € ~ ,..
Our conclusion then is. that there is no law I Sftm ^ bad been negotftfed and in the hands 1 Atlanta University. H
of form inl868 subsequent to the adoption of ] Q f a bona fide holder ftr value, it is not nec-1 Clark A Spencer, Newman & Harrison,
When it ap;
;<>rnpbtinant Ik
imoent of hi- •
dy by levy ai
•q uty
r *rce by a m <
fnent already «
»ct tip the in:
•l assume jurisdiclio i, to ev
ree, the collection of a jud .-
ibbuned, where the allegi tlor**
olvency of the parties merely,
r of the Court upon the judg
ment at law, is the proper remedy . and a de-
uuin r to such bill, on the grounds stated,
ou-dit to have been sustained.
Judgment reversed.
E f. Lawson, J. S. Hook, S. II. Corker
pi-tintiffs in error.
A. It. Wright, J. T. Shumate, contra.
ary M. Marshall, plaintiff in error, vs Eli is
~ ~ ' , defendant in error. Case from
iMpaarkinml >«i
ikrtectrtf by llfvlf-
III,
The Savannah News say«that Art it 1
•orten. 3. <*f the CniiAtitulinn declares that
“the llitMof lb*|»re»a*ntalive» has the sok*
power to im;M*ach all p*TH"iu who shall have
been or may lie in office." If there is any
meaning in this distinct declaration of the
Constitution, the IIoihc h is the name power
to iui|Mai) h Rnlhark now, Inal it would have
if ne were still in oflloe. Having llie power,
it i- it* duty to investigate the charge*
apinst him, an i. if gu l y, impeach l.itn lc
f ire tl»e Senate.
Let ns have " Justice, Wisdom and Mod
eration" But first in order, let us have
Jl 'STICK.
Where a landlord rent*:
in toe up|jer stories was reni« d out to
ensnts, and a water closet in the upjier
• w hich all the tenant* had wv* , ?h, by
• of obstructions thrown in, overflowed
imaged the gooilfl of the tenant in the
•tore.
Hki.d, that the landload was liable for the
unit ' M accruing. Tlie fad of the act being
I by the neglect or wanton* s* of other
nants, when the pioof showeil previous ik>-
tliat the closet wa* in had comiitioa by
•c of irach tenant* to such landlord, tie-
that i* was i:i the pMui.-e at tie* time of
r< tiling, ami that the plaintiff had access
, hut did not use it, does not change tin*
Inlily. I' i- the duly of the landlord t«»
»«; pn mi/ s frt-e from the consequences
oru.u.i-ily from tin* hm* of a water
which l*e.ums a private nuisance,
i«.t properly iwil and attend** 1 to, and
1 .milord fail-, ami from such Cause
damage ensue-, h«* Is liable.
that b-.th
charged the j i
n il, relations \
A tftl|ht Thisg.
Ju-t nfte
lire the M »
. Mr
Mas*in, req n •?* d Lieutenant General Phil.
Blif-ridun to organi/e a militia fine to prr-
s«*rve order In the city. Blieridau «leclared
inarlid la v. A young man named Treat, a
m* inber **f this niilitla, a< ting under General
Bin-rid.m'* instruct'nm* as a sentry, fired on
and killed General Tnomas W. Gro.-v nor.
Govern*ir P.ihm r, the lb |mhlicaa Execu
tive of IliimUH ha* ordered Bin fklan and hi*
coadjutor* in this allair to lie dragg.al l* foic
tie Gnart f»»r the murder of Grosvenor.
Governor Palmer appears to tbink that Sin-r
id IU had no right to HU«pcn*l tin* operation * f
the Constitution ami law* of Illinois,'and
substitute iu their *te ul the law of military
force to !*• defined and applied by himself.
II • charges that Slu-rwiau ami hi*
associates in tin* impromptu ard capricious,
• terete of martial law, by tin-ir law!**** net*
have attack***! nmi in*ii te*l the dignity and
authority of the (Mate, and have, by their
riant: ron* example, weakened puhlie confl-
«lenr<’ in the «*on-iit»iii«*n and the laws, and
in tli«*lr attempt to enforce usurped and law-
leas authority they have *acrili**e*l the life of
a pcacea’ib* eiti/en.
Thi* is go**l for Pal ner. It i* rbtv ing
for cm*titiili«mil law. Tin -*' Democratic
Republicans, like Palmer, most inevitably
drift to the iVmo. r ;ev, and the *oon*T wc
■liplicaut be-
other an only
the ward, the
; unohjectio.i-
"that
tiling* be
preferred."
IIki.d. That tinder the Code, section ITlffi,
hurge did not in it- full meaning pri
nt the provision* of la*.v for the ronsidera-
i of the jury. In the language of tin* law
the nearest of kin by Mood if otherwise
i.j*-ctioimhle .s’jall 1« preferred." The
losophy of the law is wise, and its admin
istration ought t*» I** enf**tcnl, for superior
vautuges of wealth «»r iulelli^eue.’ iu n
stranger, cam ot jcaily invoke the exeiciacof
n traUnl by law in tii «*r»linury,
a* ar« st of kin i* uuohj*c« ion able,
Jc the declaration of the law in
fav >r o»* su !i n'.'arest of kin by bloo.l.
Judg . cut r. v.*rs***l
Ilf*. L. Barth tl for pramtiil in error.
Key A Pie*ion,<W»w.
J. Ik Hand B. J. Mima vs. 0. C. Thorpe.
Rule vs. Sheriff from Mclntiwh.
>1 1IUANE, C. J.
Hki.d, under th<* facts in this cas;-. thr.t the
tl, though out of oftl«*e. was lhble to
Rule under the provisions of the ( <-de, and
m*r in the Juilcc njM.n tli ’ trial of
the traverse «.f ti.e Sin ritf nnswer. to reject
evidence of the !a*t that the defendant in Ji
f.i had property in hi* pos.srs.sion suHickut t*'
satisfy tim j.nfsrmcnt, at the time <*i the n*
turn of nutla hy such Bhcriff njx.n the
»n, ns such evidence was admirable,
lit to have h en submitted to the jury
r eonskleration under the charge *.I
the Court as to the law of the case.
Judgment reversed.
K. Gauhlcn by brief for plaintiff in
et warji>:
til*’ IMNII
* will they cot
This application of
Northern State is very
how the gander likes tl
giving to the go**e.
ies out of the way
martial law to r
mely. Li t it* sc*
sauce it lia* Im«t
gs-KliX.
The Radical organ iu this city ha* 1
Its work again of aiding the rircnlatb
slanders against Georgia. It i* a tr
adage that it i* tt had bird that will -
own nest. Tin* crime in the present.
the greater, that the crucifix
>n of the
1 party, i
to cstahi
w* of (lie Had
object of those who seek to establish the
charge of disoidiT against the commonwealth.
And that some of our |hoplc should he triffi
utary to *ueh an evil result, i* an anomaly,
difficult of comprehension. It furnishes per
haps the very strongest evidence to the theo
ry of original depravity.
If the object of thus singling u*
ceplioual monsters of crime was simply the
punishment of the alleged offenders and the
shipping of violence, the purpose could lie
applaud* d, ami even the over zeal iu the
caii'C of justice be excused. All g **»d peo
ple are interested in the preservation of order
and the execution of law; and they will go
to any length to secure these desin
jocts. And however hard it may be
the existence of trouble among us, that is not
half as had :*.* the trouble itself, and no sen
sible poopK- will run the risk of encouraging
crime by * itber denying or defending it.
Hut when the natural outbreaks of wrong
that occur in every country and under all
system* of society,* and that are incident to
nature, art* to be exaggerated and perverted
for partisan purposes; and when the effect of
such exaggeration and perversion is to bring
ah-mt the s;uq>ension of State government
and the injury of the U st interest of a sec-
ti*»n for political strategy, we say that the
remedy is w.»r*** than the original evil,
that men who lend themselves t*> such dis
creditalde ernwwle r.gainst their own peoph
and country «iesenre the reprobation of the
good everywhere.
It Is no pleasure to u« to pen paragraph
like these. But truth ami right demand
tncm. The nvin who fndtets his own sccti*
njwm slanders f»>r partisan objects is a public
foe.
Wc have nevi*r lent the apologist of dis-
orvler of any kind. We believe that if there
are to-day, any political Ku-Klux in the
South of any party, they are the mo-t dan
grrous enemies that we can have, and
condemn them and their crimes. This has
been oar position always.
We have had no more disorders in Georgia
than »*ccur m all comraonilica. Crime is
(ideal to society. Under the best cireum
suiucos we always have had and alwav:
have it The existence of the ordinary dis-
oiders «>f society is r\o ground for using
Iraordinanr remedies to stop them.
Ku-Kluxism has lK>en a conx-cnient di:
guise f«>r sca*n;v» The cases in this State
that have been discoreml have been mostly
simple occurrenci’* of usmd crime, that
*umcd the Ku-Klux concealment for c
Fsntmcc.
Numbers of cases have also been discot
ed where tlie perpetrators were Radicals and
negroe*. who wished to bring piditicol
odium upon the people, and add to the Ku-
Klux slander. This year and last we cx
|hi* J Hrveral in*tanc*» of this kind.
Let this iniquitou* and shameful sort
warfare on the Bute cease. No better i
denoe is needeil of the quiet and lawfulness
here, than the very fact that Radical journ
als can, with impunity, slander the State and
sport with her weifaie.
Our ;Hi»ple are against crime of every sort,
and the man or journal that assert^ to the
Contrary is a slanderer and an enemy.
City Court of Savannah.
,0( TIRANK. C J.
i a building
d.
w. ir.«
K IIRANK, C. J.
contest f-*r go
iliot—a colors
nshipof the per
N*» appearance for defendant.
W. St*
>•„ II. S. Wi-lmore. Quo Mu
»»//*, from Chatham.
LOCH RANK C. J.
fuels in this cast;:
Hki.d, That General Terry did not, by 1
removal of Wetmore ns the Ordinary
unity, ami appointment of Sloi
thereto, convey such a title to the office, a-
lie application of Stone to the civil
tlt-v could enforce under the Constitu
tion and laws of this State.
Hki.d aoaix. The facts recited in the pe-
ion for^*/ > warrants, to-wit; That Stone,
after the removal of Wetmore by General
Terrx’, was ao]>*uiited to the office, :>nd tiled
hi* boml and was commissioned by tlicGov-
sor, did not confer such n right to the
Ice as court* can recognize. The eommis-
»n did ro». convex* more than the order of
•pointment upon which it was liuscri. ami
that app*»intment expired with the powers
that gave it existence.
*‘ki.i»auxin, ApjM»intinents undtrtlie R«‘-
ttuetion Act* of Congress, to civil office
by the General Commanding, was not by
irtUv* **f the Constitution of the State, hut hv
the p*>wcr of the Ael* of Congress, and *1**1
-liter upon the incumbent* nnv title to
ime huiger than the acts tht*nm*Di-s
ere of force.
Judgment affirme 1.
Diiugberiy, Andrew Slonn, f**r plain-
«:*»mmisrion to inquire into the legality of the
election, or the eligibility of the new officer.
The simple fact that an officer elect docs
not give hi* bond and take the o^th of officer
within the time prescribed by law, is not
sufficient: to work a forfeiture of his right
to the office; it must appear that, th
giving th** bond, and taking the oath i
the time, was by the fault or failure of the
officer.
A. W. Stone, for plaintiff error.
Hurlridge A Chisolm, contra.
A. II. Smith vs. The Ordinary of Chatham.
Mandamus, from Chatham.
McCAY, J.
1. A Solicitor General elented in 186i is
chopped from claiming coni|>ensalion under
a l-i w pa*M'd iu IsoT, but repealed in 1866.
2. That i*ottiou of the Constitution of 1868,
which confirm* and make valid the acts of
the Legislature of 1865 aud 18<>6, wa* only
intended to quiet doubt, and was not neces
sary to give them validity. In any event, as
that body was a government, dt foci>, iu har
mony with ti.e United States its acts are good,
pro/rrio * yon.
ii. Tompkins for plaintiff in error.
II. R. Jackson contra.
S. J. Wilborn v.*. Executors of Mathew
Wh’tlicli. Ejectment, from Baldwin.
WARNER, J.
This was an action brought by tlie execu
tors of Whitfield againri tl*e detcudaut un
der the statute, to recover the pos *nsion of a
tract of land in Jasp*'-rcomity. I'l :■ plaintiff
proved that the defendant wa* in po.-sc.- i’-n
of the land and that lie rented it from Whit-
fi -Id in the year 186*. also proved the value
of the yearly rent of tin* laud, and that the
premises in *1 impute was part of the land
which witness’ father, Robinson, owned in
his life-time. On cross examination the
plaintiff** witne.»s stated, tna. the defendant
went into possession of the land in 1858, and
had Iwn in iMeses>i*)n of it ever since; that
Whitfield v. .is now in possession of the land,
that ilcfendnnt never claimed the land -s iits
own, that it was irenemily'ugrecd by all the
parties that the defendant should take posses
sion of the land. After the plaint iff had
closed his evidence, the defendant made v
motion to make McAfee and others, who
were deor’se.** of the land in dispute, under
the will of John Robinson, parties d- fend
ant, for the purpose of laying the foundation
for the Introduction of evidence to show a
paramount title to the land in them, and to
prove that tli * defendant went into the
imssession of the land a? their tenant,
which moti- n the court overruled, aud tlie
defendant excepted. The defendant then
introduced himself as a witness, and offered
to prove that lie was not a tenant of Whit
field, hut w as the tenant of the person* claim
ing tinder the w ill of* John Robins*m, who
a ere u gl»t ti b? made parties defend *.n |
th it John Robinson had Iwcn seiz* d and
possess; *1 of the Istnl for f*»rt
of it to say the leoat, that the
should be required to pay the a*'es-n;* ;;t of
one thousand dollars for not making tludr re
turns for that portion of the year lHGii prior
to the date of the act. It is true the act Is
retroactive in as much as it declares tint the
4th section of it shall go into effect from and
after the first duv of January, 1863, but the
defendants could not have known its provis
ions and requirements prior to its p;u»saire on
the 14th March, 1863, so a.-» to have regulated
their conduct by it prior to that time, and now
to assess them one thousand dollars for not
doing what they were not required to do un
til the passage of the aet. would be contrary
to tne fundamental principles of justice and
right. We therefore affirm tlie jud micnt of
the court below refuses to dissolve the ; n-
j unction.
Judgment affirmed.
A. W. Stone, Win. Dougherty, plaintiffs in
error.
Ii. E. Lester, John J. Fleming, contra.
J. R. Jones vs. J. W. Latbrop A Co. Com
plaint, from Chatham.
WARNER, J.
This was an action brought by the plaintiff
against the defendants as the drawers of five
Mils of exchange dated Savarnah. Oth July,
1S»>7, for two hundred pounds e .- h, payable
to the order of the plaintiff in London, at
sixty days after sight, and directed to II* U rt
Hutchinson, Liverpool, as the drr.weo t!n*rc-
of. TilC defend:*!.t< | j v. ;
these bills they acted merely as the factors
and agents of the plaintiff in shipping his
cotton to Livei|>oo) to b*. s**ld there, and tliut
the hills were drawn by them upon the pro
ceeds of the sale of tlie qiluinlili's cotton as
his agents, and under his instruction?, ac
cording to the known and usual ctMom of
the trade in such cases, ami not on their own
account, and they had not received any valua
ble consideration t her for from tlie phi miff i.s
the drawers of said bill*. It appc.es from
the evidence in the record, that at th: lime
these Gills were drawn, 1 luteliiii>on, 1 • whom
the cotton was shipped, and upon whom the
hills were drawn, was of good credit and
standing as a merchant, hut before the bills
were presented for p;n mi nt he became insol
vent. The evidence on tin* trial va-
quite voluminous, mu h of it being
corres|K>iulence between the
parties in reiaiioti to tne sale of
the cotton, and as to trie sal*; of three
sterling hills now sued, on, wld. a h d
been delivered to the plait-tiff by the defend
ant; The jury r •turned a verdict for the
defendant A morion was m ule for a new
trial on the grounds xrt forth in the record,
which was overrul' d by the court, and the
plaintitf except** i. This action it will b * ob
served,is hr* urht against the defendant as the
e«sary jto discuss in ^is caae. The main * contra.
controlling question as presented by the re
cord is, whether the defendant* are personal-
lv liable to the plaintiff is the drawer of these
Gills of exchange undeiihe facts and circum
stances of the case? Ik our judgment they
are not. and as there iskio material errors in
charge of the court to the jury, t. r in refusing
to charge |as rceuested,knd the verdict being
right under the law applicable to the facts of
South Carolina Kcws Items.
[OONDEXSKD FOR THE COXSTITUTIOS.]
The policemen of Greenville are uniformed.
Two pounds and twelve ounces is the fcize
of a radish raised in Abbeville countv.
( The dwelling house of Mr. J. W. DeTrc-
, we are of ‘ Ue opinion, that the! ville, of Orangebuig, was destroyed by tire a
judgment of the court b)low should be affirm- ‘ lew days ago.
ed.
Judgment affirmed, j
LOCH RANK, C. J., concurred.
McCAY, J . dissented
Seventy-nine perlons are confined in the
jail at Yorkville, for violations of the Ku-
Klux acts of Congress.
Captain W. F. Caughmnn, of Lexington, is
T _ ; „ i dead. Atxrat three hundred arrests in all
IV-Hiwinecr JoTiff ii/errur ’ i •“« be 111 n>a<lcof tlie Ku-Klux. Many ih:o-
\y \ ^ ‘' t .. ^ | pic have fled from the counties under martial
Harden y * /#. j HW xJnioti and Spartanburg seem to have
Executor, of J. L. Duj.ec v.. Lucy Y. Du- 9uffered »>»«—Lexingm Vi,patch.
prcc et al. Probate Af will, from Ogle- W. B. Heriot has been elected President
tliorpe. [ | of the Charleston Board of Fire Underwri-
Judge Loch ran e not bring ready to decide < ters. Mr. John S. Riggs has l»ccu elected
in this case, judgment oyt it is postponed till President of the Charleston City Railway
the next ti nil. . Company. Mr. J. Trenhy ha* been elected
J in‘*»n Stephen*, Pecfirs & Stewart, Reid j President of the Hunki.lori Social Club of
a. m., until 1 o’clock, r. m., was adopted. ’ I
Ou motion of Mr. Bacon, the rules were} real estat
suspended and a bill offered by him to repeal State,
an act to provide for the manner of holding
elections in this State, etc., approved October
3d, 1870, was read the first time?
A resolution by Mr. Rawls, authorizing ti e
Mr. Smith—A bill to
in each Militia
«»f th
jeeted by tin
185
Tlii
Vltli
.trt **n the ground that j i.
lead, and the defeti‘1
except oil. The defendant offer.**! i;
a certified copy of the will of John
for the ptirjxMC of showing title to
in Me A fee and others, which tin
Jecti d, a id the defendant < scepted.
fendant offered to prove liy James
the plaintiff’s witness, the same fa
nipt* d t*» pr**ve by the
brought ag
as the factors a
tli*: question i
liable to the pi:
hills of cxchai
Hosed in the re
w is. that tlie
lialile for the f^vnuap ti;«
its tenor and elf ct to the p i
in, and is founded on ti.;
drawer has funds iu t!;e ha:
Robinsoi
urt i
•id lnaai" rejected, w hich tl
iv him to do. Whereat}.on tli' 1 defendant
pvd. The jnry found a verdict for trio
niff, and the defendant m id* a morion
i new trial, assigning ns er«Mtn*ls therefor
rtiliiv-'N iff ti;e court as l»ep_tofore
lotion was oxvrruhal.
e tn«* general rule of law,
t dispute the title of his
ulloril, vet, tiiidi-r the statement of fact*
iclos -d by the record, the Com t should
vc a’*lowed tho parties to have been
ule as propowtl l»y
al!*
vhlch
enant *
Ib.binxm in
evidence, and also should have received
c.ide-uv as to the identity of the land
mention-.! in the will, and evidence ns to
wheth< r the defendant was in fact the tenant
of th<- parties claiming under the will, or
whether he was in possession of the land r.s
tenant * f Whitfield, so as to Irm; nseci tallied
from the evidence what were the rights of
lie nspectivc pirlies. And tin n the Court
honld have charged the jury as io the law
p;>li* able to lamthird ami tenant, and left
erro
tiff i
Hart rid;
Passenger
A Chisolm, Jackson, 1 ;
on A
Icdgeville Manufacturing Company vs
>rge B. Rives. Assunqisit, from Bald-
i
McCAY. J.
Where an attachment had been issuG
again*! A, ami at tlie trial term it wa* agreed
that R should be substituted for A, and the
cansc pr«»cceti against him ;
Hki.d, That this was a dissolution of the
Attachment, and the cause stood upon the
ting of an ordinary suit against B with
service waived.
2d. An agreement by counsel that a cer
tain pa|*cr descriUvl in the Agreement should
!»e used as evidence, removes ail oh-
jections t** the proof, and to the stamping of
tli*- writing.
3d. When there was n seitlunent in 1867 of
contract,made in 1862,payable in t onfedc
t‘ currency, the basis <»f which settlement w«
ilt:e «»’f Confetlerate money at the date <
the eontnet, wlticlt the debtor then paid i
cotton, taken at 30 rents per pound, w hen
otton was in fact selling at 26 cent*, and
the parties agreed in writing that if the
Conns should settle the basis to lie that the
true l am* of settlement was the value *>f <
federate money at the maturity of the
tract they would modify their settlement
accordingly :
Hki.d. That the right to open the settle
ment, i> made by agreement to turn, upon
the settlement by the coart* of a rule that
Confederate contract* are to be scaled, on the
; of the ratio of Confederate money at
the maturity, of the contract.
Hej.d also. That before tlie plaintiff could
recover in this case it was incumlicnt on him
to show, th it the court had, settled the rule
to bo, as the contract provided, anil as there
is no evidence, to this effect, a new trial ought
to have been grante.1.
Win. MeKinly, for plaintiff in error.
Linton Bt phens, A».ifro.
•J ;1
: to find t
• facts tinder th
i.icx
fill
the
.-j-.-t;*
lefendnnt, Willmm, as
Gang .lead; (-*e Aduiini :ra’.i
KoIk rtson v Loop!rot. det-i.h**! at thb
f the Court) But " • are aattofied tGi
,as not been fairly tri«*d on its merits,
he statemei.t of f ids disclosed by ther
1 th*
jndgni •
r. for*
it of l
iirder a new ir
• Court below b;
c-t**n, for plaintiffs i
!rcw ( ham
WiiUin=oi
WARNER. J
orincd t
of the Code. The defen.'m
and t>i
mie on
C«*urt. 1 lie jury 1
n tor trial
id a:
i> remov
.c 4020th
t filed .1
-ue lllU:
ithe Su
A
• bin*
them for r.
ad agents *
whether
i.tiffrs s’
■ord. The
egc’Ct of duty
■ plaintiff, and
cr of bill of <
llll:
. !i he
the
i. the
r:sl pi-c-
:<i "and
? The
i which
K»1 and
mption of^tlie I.
umptioii of the law, as lx*!v.*. ct
ontr.xttng parties, may i/e t
iverconie by the facts*>f the c •
hem. What are the facts of th
plainlifl liad eight-five bales of
he desired to have shipp' d to J
sold there and receive Iri »>-. vmt-i.l liicrcfo:
ter ling bills, and fur that puipo.-*; he sent liL
■oUd.i to the defar.dar.! . i.i- f * :or* am
agent* in the city *if b-iv a. a. '1 i.c ctutoT
vas received by ti;e dcfi-ni’.ints on or abou
lie 24th of January, l^/T, who wers in
itruelcd to ship the same t«> tlieir.-or:e?pond
ait in Lhrcn>ool, for sale. In oliedieuce t<
licsc instructions the deb • *;:•. . shipped tin
•otton to Hutchinson, th ir cornsp:indent
ivho nccived and sold the - *m:\ rendcrin:
in account of tlie sale of tli” cotton to th*
defendants, dated Liverpool. 5iii June, 1-M»7
Tiiis account of the su e of the cotton ren
k-red by Hutchinson i* thus stated*. “Ac
omit of sale of 45 bales cotton pc** ‘Sullivan,
roni Bavannnh, sold by liohert tint
or n. comit of J. R. Jon***
J. W. Latbrop A Co.’’ Ti
l on account of the d« f<
count of the plaintiff, and t
t the property •
but the property of Hi' p v
the plaintiff to receive th
le of his coUon in die h
n, the defendants’ c*irr*
Nil, these bill* were lira*
tage aud custom of the l
Mcssn
but. *
:l Toenald
ruc**cd* of tli
s of Hutchin
dent in Livei
ster
bill*
tin
Thi
A Martin, for plaintiff ia
R. Toombs, J. D. Mali* *«, contra.
Tli- following de isioas were rendered oti
the 9th instant: j
William H. Brewer, plaintiff in error. Wiley
Jones, defendant in ctfbr. Refusal of an
injunction, from SuniUf.
LOCIIUANE, C. J. t
When, by mistake of t\ Magistrate in fail
ing t > mirk the name of' counsel to the de-
f, i'l-,.- of a suit pending in hi* court, judg.
inr-nt wa* alitained against the defendant-
fendant under a mistake and ig-! jVIav
Cuarle;ton.—CJuvl*ston Courier.
GEORGIA LEGISLATURE.
ajip.caln,
of them
for the
pnimisc
Tuesday, November 7,1871.
SENATE.
The Senate met at 9 a. m. President Tram
mel in the Chair.
Prayer by Rev. Armenia* Wright.
The roll wa* called and the journal of the
last day read and approved.
A bill to repeal an act to make it lawful
for the legal voters of Atlanta to vote for
any ward of said city, and to pre-
oting for Aldermen
xcept that in
f the fact*, let the time elapse for, Ton j an y citizen front
and till’d his bill, stating the facts of said city in any
i.i’r.c, mid also tliat he was not liable i which he may reside (known a* the Holcomb
(lei4 sued, it Ijcuig as^ lie alleges a j w;lSf on motion of Mr. Hillyer, taken up
« .... third reading.
Senator Campbell opposed the passage of
}* the deb| of another under
is denied by tlie defendant
to the biii, and upon hearing the evidence the ; the bili.
court refused the injunction. j Mr. Hillver reviewed the history of 4he
Hki.d, That the court erred under the I bill, which* was passed,
facts alleged in thcjbill. 1 We judgment having I rj])a were read the first time.
been obtained by mistake, equity had
jurisdic’ion, and the fact cf tlie liability was
a question for tlie jury upon the evidence,
and it was by the duty of the court to have
restrained the levy undersnch judgment until
the hearing upon all the facts and evidence
of the case.
J. A. Atisley, by A. W. Hammond A Son,
for plaintitf in error.
Samuel Lumpkin, contr■$.
B. F. Carr vs. A. II. L-j. Executor, et al.
Injunction from Newton.
WARNER, J.
This y. :is a 1:il filed praying an injunction
oa the following Gate of^aeis: In March,
1*68, Lee, executor of Henderson, obtained
a judgment ag linstCarr, the complainant, for
.s4,-Y o. on winch an execution issued aud was
1 vied on Carr’s property, fttul it was advertis
ed f.»;• sale by thcxhcriiV, ou the first Tuesday
at November, 1871. On the 4th October,
1*71, tiutli llcuderson, a judgment creditor
of Lee, whose judgment was obtained *29rii
Marcli, 1S71, sued out a summons of garnish
ment aga:»>t Carr, requiring him to answer
at tli** Superior Court of Rockdale county on
the * cwiid Monday in Myrch, 1872, what lie
was indebted to Lee. The Court refused tl*.-
itijundiou and the complainant cxcepte I.
It Cirr’s pD’pcriy had been sold as ail
-A bill to require non-resident
take out licenses, and for
•i he cotiM answer
then owetl Lee after dc-
am .unt for h^hich hi 5 * pr**p-
o-i had Heck sold, so that
^••difficulty in j»ro
-iiLl
tli* r • would have hr:• ..^diiitcuiiy in pro
t-s-tb.’ h k • If - a '--.rftr.gw- p-iv IhcjdnUl
t.vi v :i< tlu* summons of famishment did
„ ru: ;i;** him to nn-'ver until .March 1872
and I.re’s judgment being of older date than
summons oi garnishment,
protected him as against Roth
.aruiidinivut as to the amount
if ids property.
:i i!iv i t of the court below refus-
he affirm d.
, C. J., and McCay, J., concurred
b *>y
iff i
I). Harrison, Contra
Injunc-
. II. B<
‘ Appli
W.'
that tin
he lit fendant.
lew trial on s« vcral grounds which -
‘tiled by tin court,and tlie defend;.:
d. From tlu* facts disclosed by the record,
here wo* no error in overruling the motion
or a new trial in lids ease. The defendant
rlaimed the possession *»f tlie premise- in good
faith under a legal right ns show n by his
Iced to the smut*. If tlie manner of his
ntry thereon was illegal, um’er that legal
daim of right made in good faith to the pos-
c-«ionof th<-land, the plaintiffs’ remedy wa?
by a proceeding f* r "forccxMo entry and
detainer," or by an action of tn sj . s to re
cover damages lor the alleged illegal act.-'
n the part of the defendant, hut he could
ot lie removed as an intrjder under he pro-
isi >n* of the Code. Mclian vs. StanscII,
Uth Geo. Ib p. 197.
Lit the ju Igmeut of the court below be
affirmed.
J. C. Bower, Jonathan Rivers for plaintff
in error.
F. Chamber*, E. Cumming, con fra.
U. Dart. Jr., vs. L J. Dupree. Complaint,
lrom Glynn.
Cliarlc? Merriwether v*. Missouri Smith.
Complaint, from Jasjier.
McCAY. J.
When a contract for labor was entered
into on the Sabbaili. and tlie contract wa*
performed afterwards by the laborer;
11ki.il That the promissor cannot defend
by setting forth the illegality of the contract.
When a wife, by the consent of her
husband, makes a contract for her own labor,
which contract it is agreed that she is ‘
self to receive the compensation, she n
iler our law, sue and recover in her own
name.
Key A Preston, for plaintiff in error.
Geo. T. Bartlett, contra.
E B. Chipman vs. Rockford Jt Holman. A
sumpsit from Chatham.
McCAY. J.
A new trial will not be granted, because
witness swore on the trial, to a fact wholly
unexpected to the plaintiff, who, at tlie time,
knew the sta*eineiit wms false, and that he
cnakt to prove by a warn css whose testimony
he coaid have procured had he thought such
proof was necessary. The party surprised,
by the statement of the witness, should have
moved for a continuance. He cannot take
hi* chances of a verdict and then claim a
surprise.
*. As there was some evidence to support
the charge of the court on tho question of the
WARNER. J.
This was an action brought by tlie plaintiff
against the defendant on :ui open account for
wages. The jury on the trial found a veruu t
in favor of the plaintiff for the sum of 14.00.
A motion w made for a new trial on U e
ground that the verdict was contrary to law,
lcor.tr :ry to the«bargeof the Court, and con’r i-
ry t' the evi lence and the weight t»f the */i-
dencc. Tlie Court ovcrrled the motion and the
defendant cxc.-pted Tlie evidence was con
flicting, and the jury were the proper judges as
to the credibility of the testimony of the wit
nesses. and the weight to which ii was entitled
iew of their interest and relation to the par-
. In such case?, the uniform ruling of
|this Court has been net to interfere with the
diet when no rule of law has l een vio-
[lated in submitting the facts to the jury
which probably might have produced a di’f-
,-iit result, the more especially when the
hiding Judge who tried the cause is satis
fied with the verdict. We find no error in this
record, which will authorize this Court to set
e verdi*t ami grant a new trial. Let
the judgment of the Court below be affirmed.
IlanisA Davenport, by Jno. Co’.lier, for
plaintiff in error.
Harris A Williams contra.
J. J. McCown rs. Wm. M. Davids* *n, et aL
Injunction, from Chatham.
WARNER, J.
Tlii? was a bill filed by tbc complainants
to restrain the defendant as the tax collector
of Chatham county, from collecting a tax on
spirituous liquors for the year 1866. alleging
there was no tax due thereon by law for that
year, and also to restrain the defendant from
collecting the penalty of (me thousand dol
lars for t ot making their returns for liquors
sold by them during the first of the year
1^. prior to tlie lbth of March, 1869, the
date ot the act of that year. By the 6th sec
tion of toe act of 1868, providing for a spe
cific tax on liquor* sold, it is expressly pro
vided that that section of the act is to go
ibto effect from and alter the first of Octo-
lier next. Tlie act ia dated 5th October,
la68, but the 6th section thereof was not to
go into effect until the 1st October next there
after, which would be 1st October, 1869. The
aot of 1866 in relation to this tax on spir-
tiuous liquors, in view of the provisions
of that term,
record shows that the usage
of the trade was to draw sixty
w.*s done in this case by the
merchant in Savannah, shippm
that it was the custom to pul tin
cotton sold at Liverpool to the
tm reliant shipping, but the ucc.it
pool showed to whom the cot?
and no person except the mcn-h
the cotton could draw for the pr
sale thereof, who would settle u
cipal to whom the cotton bcloti
accounts rendered in this ei-;\ were atcom-
ing t.» the usage and custom of th* trade.
These bills, therefore, were in fact drawn by
the defendant as the. shipping factors and
agents of the plaintiff*. t<» enable him to re
ceive Uic.prociN.ds of his coiion shipped by
them to Liverpool and sold by tin r.i, under
hi< instructions, according t*» tne ns tire and
custom of the trade, :u. I were not diawn h}'
them in favor of the plaintiff for any
valuable consideration received 1 y them,
from him, therefor. After llese bills
were drawn, and the amount id" sales
of the cotton had been rvn.’.utd to the
plaintiff, the same were delivered to
him, who retained them i:t bis pc-jesdon,
nearly three months, tc.l/iont otjr •iimi, and in
the meantime corresponded with the defend*
auis as to tlie best time when to dispose of
them at the highest rate of premium f
ling bills, and finally transmitted th »:
them to sell for him. as his Hg »nls, w
their judgment, they could re:.:., the highest
market value therefor. As late os tli*.* 20th
October, the plaintiff wrote the defendants to
purchase for him three barrels of pork and
deduct tbc price thereof front tlie sale of the
hills of exchange there iu tucir hands for
*ale. After tiie defendants had informed
plaintiff of ithc failure of Hutchinson, he
wrote them on the 4lh November: "The loss
of the money, will be a terrible blow on me
financially speaking. I feel very bine on tlie
subject; yon will please keep me regularly
advised of any new developments in the mut
ter, and for me see what can be made out of
the matter.” Again, on tl e 23d of Novem
ber. he wrote them, stating,that "if by the 1st
ofIDecember next, nothing satisfactory is re
aiiist the
• L i»*«yI
strain th*
land, :
l»il! filed hv the complainant
h M i nus on the fid of October,
; ;..r n\\ injunction to restrain
* f a note then in suit, and to
rmi'fcr < f two other notes not
ieli the complaiuant l.ad given
.-.its for the purchase of a tract
ing that the chief value of said
\ as the timber then standin;
which wa- the main inducement in making
ic purchase thereof; that prior to tlie sal
.•> i■ i- tinaiit, t‘ii* deh ii'iants
iin.*’ r <-;i the land to nthrr par-
i wiihont lii-i knowledge. The injunct'
.as grunted. The bill was demurred to for
,•uni *>f equity, in.».-;mich as the complainant
• i an adi ip.ialeand complete ivmedy at law.
h - Court overrnhul the demurrer ami re-
linv.i the injun tion ; whereupon, the dc-
fendunts excepted. Iu view of the facts dis
closed by the record there was no error in the
Court below. The bill and injunction waa
retained on two ground-: Fret, for
tlie purpose of restraining the transfer
: two notes not due at the
f tiling the bill. Second, to
a multiplicity of suits on the several
iven for the land as the same became
n.- to have the whole matter in con-
/ Vtween the parties in relit ion to
of tlu? land settled by the decree on
1 i». arii. r of the bill. Let the judg-
' .'ue court below be affirmed.
Meldriin, II. B. • Tompkins, for
plaintiffs in error.
Juo. C Nichols, by Z. D. Harrison, contn
Mr. Hil
liquor deale
other pnrpo
Mr. Nutinally—A bill to incorporate the
Mechanics and Traders Bank of Georgia.
Mr. l’eddy—A bill to incorjwrate the La-
Grange and Bimiitigimm Railroad, and to
grant certain powers and privileges to the
s tine.
M r. Reese—A bill to compensate ordinaries,
sheriff* and clerks of the Superior Courts.
Also a bill to provide for taking bonds of
public office:s and qualifying the same.
Mr. President—A bill to regulate trials be
fore juries in certain cases—providing that a
requated charge, which i* rejected, shall not
be read to the jury.
Al-o a bill to prescribe the manner of incor
porating bills of excplions, and for other
purposes.
Also, a bill to amend section 2534 of the
Code, making personal property purchased
bona tide, and held for two years, to be dis
charged from all liens.
BILLS ON THIRD HEADING.
A bill to repeal the usury law in this State,
anti to fix the rate of interest at 7 per cent.,
where the same is not fixed by agreement of
parties.
Mr. Matthews offered an amendment which
d upon
reduce
tlmt
other
commodities.
Hinton oppose 1 the hill because it would
divert capital from such investments as would
benefit th** puplic; would advance the intcr-
ts of a few at the expense of the many,
and the law which it proposes to roped has
siofl&Tue le»tOf malty yeais i.ij.
Mr. Brock spoke in favor of the bill.
31 r. Mathews also favored its passage.
Mr. Hillyer pioposed an amendment that
♦he rate of interest ahull be fixed at seven per
cent, w Inch may be changed by agreement,
in writing, of jnrtics for a time not longer
than one year, and if the debt shall not be
paid at the expiration of that time, five per
cent only shall lie collected thereon, and in-
sUtcd that tiiis amendment would mak** it tlie
creditor’s interest to collect the
end of the year and so promote the circulation
of capital, aud would break the force * f the
innovation.
.Mr. Brown was opposed to the amendment.
The amendment of Mr. Matthew
Tlie amendment of .Mr. iliilver v
The bill was pui* v L
Mr. Erwin offer? 1 a resolution that the
Committee * n I’itblic Printing be requested
to inquire if the act* and journals of the la?t
Legislature are ready for distribution, aud if
ready, why then havo they not been dis
tributed. Adopted.
A bill to provide for tilling the unexpired
term of Hon. R. I*. Bullock, lato Governor,
by a special elect 1* n, wai taken up and re
ferred to the Judiciary Committee.
A message was received from the Govern
or, merely stating the transmission of the re
port of the Comptroller General.
A bill to repeal an act to organize tlie Dis
trict Court and define its jurisdiction.
Mr. Hiilyer offered an amendment exempt-
g the 10th and 35th Districts from the op
eration of the bill.
llinton thought the bill was not con
stitutional until some substitute for the Dis
trict Court should be adopted and moved to
lay it on the table. Motion was lost.
Mr. Reese was opposed to the amendment.
Mr. Welch stated that the District Court
was desired in his District (iOlli) and hoped
it would be exempted from the bill.
The amendment was lost and the bill
ed.
purchase of a number of copies of public
law* to be prepared by D. P. Ilill, Esq., was
referred.
The bill to change the time of holding Mc
Duffie and Columbia Superior Courts, was
read the third time and passed.
Also a bill to incorjiorate the Van Wert
State Mining Company of Polk county.
\ number of bills were read the second
time and referred to appropriate committees
or engrossed for a third reading.
A resolution by Mr. Hudson, of Schley, in
structing the messenger to ascertain if the
State Librarian has a sufficient number of
oopiet of the State Oftltnttai aai public-
laws of 1870, for the use of members, etc
Adopted.
A resolution by Mr. Snead, providing that
three additional mumliers lie added to the
Jadidttj Committee, WAS introduced biituot
acted on.
A letter from Mr. Page, of Lee, and a cer-
Scate of his sickness from hi* attending
physician, were read.
Air. McWhorter moved that leave of ab
sence be grunted to Mr. I .ax*.
Mr AlcMwian staled that information of
Mr. Page’s presence in Chattanooga. Tennes
see, on the same day on which Jos certificate
was signed in Catoosa county, had been re
ceived.
Mr. McWhorter withdrew his motion.
On motftSn of Mr. Craig the rules weresus-
p< nded, and the message from th<* Governor,
transmitting the report from the Comptroller
General, was read.
The rejiort was referred to the Joint Com
mittee on Finances, without being read,
A second message front the Executive
transmitting the report of the Sup rinten-
dent of Education was read.
The report, without being read, was re-
rr *d to the Committee on Education.
On motion of Mr. Phillip*, the rides were
suspend d and a bill to legalize and prescribe
the manner of issuing processes by clerks of
the Superior Courts in the Alapniiu Circuit
was taken up.
Mr. McMillan from the Committee on En-
r llnient, repor e 1 t a the following bills and
resolutions were duly enrolled and ready for
he signature of the Speaker, to wit;* The
fill iu relutiou to the manner of holding elec-
ionf in the citv of Atlanta; also, a resol i-
ion declaring that IL B. Bullock, 1 :t Gov
ernor, had defamed the meiniiersof thU House
and the people of Georgia; ala \ uj m:t reso
lution rescinding a joint resolution of the
General Assembly, approved May 5:h, 1S70.
Leave of alienee for two days wjl j granted
to Mr. Cato, of Troupe.
olution providing that tlie Committee
on Public Printing on the part of the Senate
and House enquire into the report tli n Sam
uel Bard, Public Printer, ha* rc* T g \ and
said Public Printin'! is being done under a
contract made by K. R. Bullock, late Gov
ernor; and if said report be true s;i.l Com
mittee bo authorized to contract f«.; Public
Printing until a Public Printer can lie elect
ed. This resolution wa* adopted.
A resolution authorizing the appointment
of tlu* following additional eouimdUes: On
the West, m and Atlantic Railroad "ii Cor
porations ; on Petition* and Memorials; on
the Stale Library, and Public B lildio . s, was
adopted.
A resolution authorizing the j »int Finance
Committee of tbs S**nati* and ILmi-- to re
port what legislation i* n«*cc*sary i.« |.r«.1ec»
the credit of the Sfcite from certnin acts of
the last General Assembly, was adop e»l.
The Ilou*e th«*u suijourinxl uutii 9 a. it. to
morrow.
Mr. RicliarJson—A bill to am
«utb«rue the Onlinarr of Lam
to i ?ue bond* to bail J a jail in v.;
Mr. McWhorter—A Iiiil to i
Ocicthorpc Pcrtilirinj, Cnmbnio
Mr. P«hly—A Iiiil lorcpi'il- a-
pennantnt tiicsiteof ti,,- m,hi,.- ill,
the county of ll.-ar i at dm town y
anti to incorpunte die k.iiic.
.i pf'fT ~- v 1,111 '» cliatijc tl,.' county
silt ,if ClatU- county fr,.i„ Wad.i,„villc to
sswtBsr— -**-
d an act to
in county
»* -nty.
. rite the
' »make
igs in
tiffin,
T. 13.
A,
ccived or heard from Mr. llulchia -n, amll
you see no reasonable chance to make nnyl
|thing out of tlie bills for the present or at ai
early day to reimburse you f**r the pork sen I
to n?e, I will remit the money to you for tliel
pork." It is quite apparent that up to til it I
time, the plaintiff did not consider the de
fendants were personally liable to iiim as the
drawers of these bills, and he then had full
knowledge of all the facts. The relation of
principal and ageut a r ties gw he re ver one
person expressly, or by implication authorise s
another to act for him, or subsequently, rati
fies the acts of another in his behalf—Code
2152. The form in which the agent acts is
immaterial: if the principal’s name is dis
closed and the agent professes to act for him,
it will be held to be the aet of the princ'pal
—Code 2169. The plaintiff’s name was dis
closed by the defendants as the owner of the
cotton when shipped to Hutchinson, by them
as the agents of the plaintiff and the amount
was rendered as the proceeds of the sale of
the plaintiffs cotton according to the usage
and custom of the trade, and not as the de
fendants cotton. The agents ruthority will
lie construed to include all mecessary and
usual means for effectually executing it—
Code 2170. According to the evidence in this
case, the drawing these bills by thi defend
ants as the factors and shipping agents of the
plaintiff, was the necessary and usual means
I to enable them as such agents, to obtain the
proceeds of Ids cotton m sterling bills.
Where the agency is known, and the credit
is not expressly given to the agent, he is not
per. orally lesponsible upon the contract.
The question to tt\om the credit is]
given, ia a question of fact
decided by the jury in each case—
Code 2185. As between the defendants and
the plaintiff, their agency in the shipment of
his cottc i to Livtupoo'i and the procuring
sterling exchange for tlie proceeds thereof \Zm
cording * l the usual custom of the trade, was
well kno vn to him, and the question wheth
er the plaintiff received the bills from them
on their credit as the drawers thereof, or on
the credit of the proceeds of his own cotton
Marshall & Bi ». vs. Willis Clary,
snmpsit, motion for new trial.
McCAY, J.
Where a bill of exchange was accepted con-
tionully, if funds of the drawer come In
hand, it is for the bolder of tlie bill to show
affirmatively that funds did come in hand,
and the production of a stated account be
tween the acceptor and drawer showing a
charge against the drawer of $500 cash, does
not of itself prove that the same was the
fund* of the drawer, there being nothing iu
the account to show that at the time of this
charge the acceptor was indebted to the
drawer or had his funds in hand.
Judgement reversed.
W. # B. Flemming, J. D. Humph, for plain
tiff in error.
J. 0. Nichols,contra.
Lee, Wiley & Co. vs. S. Overstreet. Assump
sit, from Pearce.
McCAY, J.
When there was a written agreement that
one party would furnish and the oilier take
all the crude turpentine made ou a certain
plantation when delivered in lots of forty
barrels and pav for the lot* on delivery, and
if either party failed he should forfeit $1,000 :
Held, That the $1,000 is to be considered
a penalty and not liqidated damages, and on
a failure of cither party the actual damage is
all that can be recovered.
Harris 6s Williams,^T. M. Norwood, by
A. \V. Hammond & Son, for plaintiff in error.
Ware & Nichols, Clark A Spencer, Glenn
& Son, Contra.
A bill to amend an act to incorporate the
town of Ilawkinsville, Pulaski county, to
define the limits of the same. Passed.
A bill to provide for the granting of new
trial* in certain cases. Lost.
A hill to confer additional powers on tlie
corporate authorities of the town of Barnes-
ville. Passed.
A bill to niter and amend section 049 of
the Code, requiring all male inhabitants be
tween the age* of 18 an.l 50, except licensed
ministers, subject to work on public roads.
Passed.
Bills were read tlie second time.
A message was received from the Governor
transmitting the report of tlie State School I .^' vc
Commissioner, which with the report of the
WKDNESDAY, NoVClllber 8.
SENATE.
Tlie Senate met at 9 o’clock a. ji., resident
Trammel in the chair.
Prayer by Rev. E. W. Warren.
The roll was called and the Journal of yes
terday read and approved.
Leave of absence was granted to Mr. Grif-
fiu.
Mr. Hinton moved to reconsider t'. action*
of yesterday on the passage of tlie bill to re
peal the act organizing the District Court
and defining its jurisdiction. He c«>. sidered
some such court indispensably ncxxv.-.u and
wanted time for some substitute to In- devised,
and reviewed tbc numerous advautagi s of the
District Court. The motion was l-«.*i.
Mr. Brown offered the following ] < .-amble
and resolutions:
Whereas. It has been alleged by certain
politician* North and South, who oM«*»‘:n the
success of the party to which lh«*y belong,
and the accomplishment of tlieir •• 4ilic.nl
purjHisc* more highly than the penc.*. happi
ness aqd prosperity of tlie country, lh.it there
exists in thi* and other Southern Bt-.*“s, cer
tain lawless bands of persons commonly
called Ku-Klux, who arc 1 landed tognlier for
political purposes, and are in the habit of
coinmilling great outrages upon the p-aceablc
and law abiding citizens of the conn tv, and
that the State Courts fail aud refuse to afford
sufficient redress; aud
Whereas, The Congress of the United
States at it* la**l session appointed a commit
tee to investigate said alleged outrages aud
violations of law; and
Whereas, This Senate is satisfied that m
such political organization exist in thi
State, and denircs to’afford said committee all
d and facilities in its power for the
purpose of cna' ling the said commit a v to ar-
re at the truth in regard to all the matters
Inch it is tlieir duty to investigate; and
Whereas, The Superior Court j«i !g**s of
this Slate (a large majority of whom belong
to the Republican party) preside over the
courts of every county in this Bt »te. m.-l have
npie opportunity of knowing how the law
being administered and enforced in the va
rious parts of the State; and
Whereas, The Senate is satisfied that a
large number of witnesses have been called
to testify liefore said committee, who are not
worthy of credit, before any court nr honest
community, for the purpose of making a
record to fu* used for the accomplishment of
certain political ends, which greatly d-fames
the people of this State; and
Whereas, This Senate is satisfied that the
people of tills State never were at any time
iu the history of,tins country, more p -.o-cable,
quiet and law abiding than they arc now;
therefore
Resolved by tbc Senate, That we i spcct-
fully invite the portion of said co nuuttee,
which is now* assembled in this city, to sum
mon* as witnesses before them, ai of the
Judge* of the Superior Courts of tlii - Suite.
Resolved, That we pledge our.s -ives to
ivc to said committee and the court- of tin
rnntry all the aid in our power t > cnabl
offenses fr »;u av.fidti:'
by applying for anti
apart ot a homestead
sonalty.
Nunually offer«\
Senate shall hereafter
M. aud adjourn it i
Jervis—A Mil t
Judge* to give spcctii
Grand Juries Section
each term.
BILLS ON Till
A bill to iticorp; r.
Thunderbolt Rail:-
vide railroad com.. ..
J»uh and Thuuder?
A bi 1 to ny.i
incorporating the N
Railroad. Passed.
A bill to untcud nu
pract
id bonds
’ setting
a of per-
-hatthe
’-•lock A.
uioplcd.
several
•h and
to pro-
Bavan
all the Trustees of colleges in this
Mr. Goldsmith moved to lay the whol.
matter on tillable, which latter motion pre
vailed. ’ *
Mr. Rawls, chairman of the Finance Com
mittee, under instructons from said commit
tee. offered a resolution instructing ti* Treas
urer to pay to eachntfleer and member of the
General Assembler one hundred iilhn.
Adopted.
TTic following bills were read the third
time:
A bill to repeal an act changing the line be
tween the comities of Lowndes and Berrien.
Lost.
A ltili to Ineorpcrate the Excelsior Mining
Company of Polk county. Passed.
A bill to amend an act to authorize the
Mayor ; i Council of Rome to subscribe to
the Memphis Branch Railroad was passed.
A bill to repeal the act to prevent the col-
lectioa of the jvjII tax tor the run 1W7,
18C8 ::ml 1869. Passed.
•ill to lay out u new county from the
conn y of Jefferson was read the third time.
Mr. McMillan urged that as the entire peo
ple of Jefferson wanted the county divided,
md a • there are enough inhabitants to make
:\vo -; e table counties, the bill should be
passed.
Mr. Hoge argued that there were 9ome oh-
•ctionaUe features in t ( lfill, to-wit: Vaca-
officers of certain justices of the
acr. ::nd staying cx* cut ion of legal process
•r a lime.
i of Mr. McWhorter, the bill was
On l
VOlll
\ bill to
ed.
• m <
• »f injuncti*'
A bill to relieve E. D.
Clarke eouutV. Lost.
A b ll to repeal and a
prescriU-d i i section* 42
4403, AilO', Alliio, 4 iOO. t i,
4350. 4351,4 ’53,4^166. ^fr*
4372. 4373. 4 H‘4 41 *s. 4!«
the Revised Code w k oj
s|K*cial order for Friday,
dered printed.
On motion the Sen tie
jl m . to-morrow*.
i fifty
vear.J
1412 of
■ ti' Ui
Prayer by Hjv. Mr. Jo
Joi
of yesterday was ic
»tam Chap-
i.l and ap-
r - Hudson from Seliky, presented a pe-
i from , it.zensof Macon county, pro
ng against being represented In L. G.
s, he being alleged to be a citizen of
all •
>f the counties was taken up, and
ig bills were introduced aud read
ollowii
the lir-t tin
Mr. Mansfield—A bill to increase the pay
>f jurors in hicwr.rt couuly.
Mr. Kdlian—A bill to amend an act to
.m< ml th- act incorporating the Union Town
Pike Company.
Air. Criitcndcu—A bill to amend section
61 Code iff Ge-ugJa.
Mr. Ik.sa *;l Milter—A bill to increase the
iv of jurors in tin; county of Mihcr.
Also, a bill to incorporate the town of Col
quitt.
Mr. Eiuim i -ou—\ btil to authorize Slier-
Is, etc . to m .1 eeiU-.iu propel tv without car-
* iug the sun.e to the court house tanir.
Mr. Bash —A bill to requ
•' • u.g l.iud-s in Miiler county . p iy
ue i.i, retui in said county.
Mi. Had, <,f Mirriwether— A bill to protect
AU>
bill to re-c*ta
endor
1 to more effectually prevent the
i l*i 1 to c.uiigs the»o jnly site of Ma
inner—A bill to provide lor the re*p-
L-tration of tue legal voters of Liberty
county.
Air. G
triffia, of JL,
pomte the Dollar
Valley.
Mr. Head—A lfill to ri*quire the <;
wild lanils to pay tax in the com:
laid land* are* situated.
Also a bill to repeal the act chat
ime of the annual meeting of the
Assembly.
-A bill t » Incor-
.vaers of
y where
oafiT certain privileges on John
/, of Lee, was read. Mr. W. D. An-
.id tint lie w'ns opposed to special
?, and w ould oppose tiie bill unless
n -; cci-ti re.:-on w as icssigned.
Go motion, the bill was re-committed.
.V bill to change the line bet ween the coun
ties of McIntosh and Liberty, was read a
third time.
Mi. i. r nor presented a petition from U>«
ti/ ;:i : led by the change asking for the
*->a. r • *'f the bill. lie also presented anum-
'r of od reasons w hy the change should bm
i ••!■.*.
(’ -.mplkTq or McIntosh, presented a counter
peJitiot;, lie opposed the passage of the bill
•<! a re-comtc.ittsl. Thw motion was
loti and the bill wa* passed.
A bill t o authorize a counter showing to a
nn>. < ;i t• *r continuance in all cases in courts
of iV- . . e, w .s read a third time.
On n nt, this lfill was recommitted and
rrL r \ to the Judiciary Committee. This
motion prevailed.
‘ to amend section 2267 of the Code,
*■> ‘ in »;.'(*« f destruction of tone-
in- :t ’ etc, w read the third time,
ret "iini;.: :* d and referred to the Judiciary
Committee.
I O' -.it" authorize the County Commia-
-timer- t.- audit claims of officers for extra
rrvi. . - wa* read tin* third time and passed.
The 1 til i » r*-p; d s-N’lioB 14 of an act. 2d
c’ause of article 13, C’on*tituli«)n of Georgia,
in so f.; ; . jt, relates to counties of Towns,
ll iVr-’i m. Union and Rabun, was recom
mitted.
A I • i to repeal th, 22d sc«*ti*»ii of the ap>
pr uia : n , of 1SV.I, w as recommitted.
The lull to alhfiicdt the City Court of Macon
was rea ! ti e 'hir I t itn<* and passed.
'i In- bill to compensate jurors in tlie county
be time of tlie annual
:itmv toihcffd Wednea-
1 ii I "ii tlie table.
’til t" prohibit tin* granting of license
. iu G iim -vilhi was parsed,
i front the Governor, inclosing a
fiom .Tosepli K. Brown, call-
• n to tb«* errors made in tlieinven-
m :'«• K > 1 property, was received,
r wi,.i tbc accompanying
:*-• i* ferred to the committee on
*• ni and Atlantic Railroad.
’ 1 ■ ; < n* b ring the report of
. . »• «»< giving the numlier of
bonds endors* d by the State and reg-
a the Secret:tty of State.
company ing report
nee Committee,
mal standing com-
i J*
■ L- ai;
f 11
■d t«» the Fin:
I Mi:
apj
id Me
intwl:
i.als.-
MeMillan of
H '<••(■! n. I!ci ’• f t'halhaiii, Graham of
D ■ r. o’* Il-siiy, Edward* of Elbert,
1 < ( ti Jeff; rmi. Bep'ien of Burke,
Btiaro! Bike, and Hull of Merri wether.
sv. <• Li :i'v—Ruo-n of Bibb, McMillan
of ITalcrsb.un, .T:;,-k n * f Fulton, W D An
il; i on of Cobb, Russell of Chatham.
Committee on Western and Atlantie.Rail-
:*,>d «on of Ful;«.n, Hall of Upeon,
MeMiiii: .f II.ab« r-iiain, (Taig of Telfair,
d at ver of !! •’:• v. \Voff(*rdof Bartow, Fain of
ip, McWhorter of Green,
ul Hull of M.
Iblblic Ctiffil
Miw
el hr
itid i*roperty—Cumming
vv* i "f Fulton, Wynn of
; of Chatham, Hudson of
ri.and « f Ralmn.
7 Vv 1 > Ander-on of Cobb,
; -ti : n E-«in of Gordon,
•i. ri.’i’ijw of Echols, Pou or
I’ti - of Berrien, and Hall of
oiuti;
ieop;
of I 1
Gnc
urt i
Mr. Piercc-
mittec to investigate tli
for conqx-usuti
cord* of tl.a Supremo
Mr. Simmons, of Gwinnett—A l.tiil to altc
and amend section 38.(5 relating to fore-
iosure of mortgages on personal property.
Also a memorial from the Slate Teachers’
Association.
Two hundred copies of tlii* memorial were
ordered printed.
Mr. Fa:i:-—A bill to authorize the town
council of Caimmn to subscribe to tlie capi
tal of the North Georgia and North Carolina
Railroad.
Also, a lfill to amend the acts incorporating
the town of Calhoun.
Mr. lloge—A bill to appropriate certain
fund* to reimburse Samuel Weil, Foreign
Commissioner of Immigration, on account of
pecuniary loss and physical injuries sustained
by him, in tin* disch irge of his dtiti -.
Mr. Jackson—A MU to §nend ih dull
»»f the city of Atlanta, so as to authonze tin
election »*f a Recorder and Auditor for said
city.
A’.so, a bill to establish a City Court for the
city of Atlanta.
Mr. William*—A bill to increa-c- the paj*
of jurors in Decatur county.
Mr. Graham—A lfill to prescribe the man
ner in which official bonds, etc., shall be
taken.
Also a lfill to change tlie line between llic
counties of Walker and I);
Mr. Johnson, of Clark—A 1 rill to make it
ful to Hell property encumbered by lien*
ithout giving notice of *aid liens to ven
Messrs. Cumming, of Richmond, Pierce, of
11an r "•*■’:, and U.i-scll, *ff CliatUam, were
added t » t’ Judiciary ('"inmittee.
:**of absenec k> n- granted to Messrs,
mfroc and Lumpkin.
House then adjourned until 9 a.m.
to-morrow.
R. Parsons et al. vs. the Atlanta University.
Injunction, from Atlanta. Atlanta Uni
versity vs. R. Parson* ct al. Demurrer,
from Atlanta.
McCAY, J.
1st A mere project, or plat of land upon
paper, laying off streets, blocks and houses in
a city, is "not itself a dedication of the streets
to public use, and when there is a proposition
to the city authorities to receive and adopt
said streets, as public streets, the dedication
is not complete unless the authorities affirma
tively ^receive and adopt the same, and this
must appear by the minutes of the council.
2d. The City Council of Atlanta, in laying
out,or receiving public streets, acts as a court,
and its proceedings can only be proven by its
records; parol evidence of its action can
not be received.
3. In the absence of any formal acceptance
by the public authorities of a dedication of
a street there must be clear proof of a con
tinuous and notorious use for a reasonable
time b v the public to constitute an acceptance.
4. Where there is a controversy pending
oetween the public authorities and a citizen,
as to tlie existence or non existence of a public
street, and the public authorities are tempo
rarily enjoined from opening the same by bill,
it is not competent for private citizens, as
Comptroller, was appropriately referred to
bill* on first reading.
Mr. Hinton—A bill to make penal the sale
of personal property subject to a mortgage.
Mr. Smith—A bill to amend section 3189
of the Code, so as to give tlie moving creditor
iu garnishment privilege over all others.
Mr. Heard—A bill to repeal ail act to create
a criminal court in each county of this Stale.
Mr. Lester—A bill to prescribe for suits
against joint obligees, etc., in tlie City Court
of Savannah.
Mr. Heard—A bill to secure the several
counties of ths State of Georgia from cost*.
Mr. Lester offered a resolution that the
standing Committees on Finance of ihe Sen
ate and House become a joint committee.
Adopted.
Mr. Jordan—A bill to define what shall be
a lawful fence in this State; making eight
rails of ordinary 6izc the requisitc.^^^^^H
On motion, the Senate then adjourned un
til 9 a. if. to-morrowr
•■iatii
them to investigate _
of law which may have been committed
against the laws of this State or th United
States, and to bring the guilty \ ..rtic* to
speedy justice.
Senator Campbell opposed the rcW.utions,
ami moved to lay thetn.on the table. With
drawn.
uator Brock spoke at length a.
resolutions, insisting that they do i
to his District
Mr. Candler replied denying the
of tlie lawlessness, and the occurret
outrage* which had been alleged, t
tained the truth of tiie resolutions.
Tlie preamble* and resolutions w
ed.
Inst tli
•>t apply
existence
e«; of the
ml main
•i c adopt-
HOUS8.
The House met at the usual hour, Speaker
Smith in the chair.
Prayer by Rev. Mr. McMillan.
The Journal was read and approved.
Mr. O. L. Cloud warworn
from Warren county.
Mr. Fain offered a resolution providing for
the reference to the Committee on Privileges
and Elections of the contested election in
Spalding county. Adopted.
A resolution by Mr. Goldsmith tendering a
seat on this floor, to Rev. Mr. Hornady, was
adopted.
A resolution was offered by Mr. Davis of
Clarke, providing for the appointment of a
On motion the Secretary was directed to
furnish the Congressional Couunitte
copy of the resolutions.
A message from the Governor, i ransmit-
ting the report of the Secretary' of S ate, was
received.
Mr. Richardson—A bill to create a board
of road and revenue for the county of Daw
son was read the first time.
Mr. Hillyer offered a resolution requirin;
the Judiciary Committee to inquire what
legislation is necessary to enable the Courts
a * . I to exeiclse the power coferred on th Courts
memocr ^ ^ c \ aUfce Q f the 6th section of Wie 3d
artiu’e of the Constitution of this State, in
relation to leritimating children and other
matters in saiu clause mentioned, and to re
port by bill or otherwise. Adopted,
Mr. Lester offered the following preambles
and resolutions:
Whereas, By a resolution of this Gen
eral Assembly approved, Octob* r 27th,
1870, David B. Harrell, Roland
«uch, w flle » new bill peudtttg tlie other,’ to Awembly, approved May SUi, 1870.
B
■ - ... - -- , Hall, Foster Blodgett, J. W O’Xeal
joint committee to visit the penitentiary and aQ( j fenfoinin F. Bruton, w> re au-
report upon the treatment of convicts. 1 uia i t ^ or i z(J d to cao* the vote of the 6taie iu all
resolution went over under the rules. i elections held by the Atlantic and Gulf Rail-
Mr. Hoge, from the Judiciary Committee, ro{yl Company, and
reported that there were some grave ques- 'Whereas, The effect of said resolution has
tions of law m connection with the election | ^ >ecn to displace the Hon. Iverson L. Harris,
of a Governor, which the Committee desired HoQ Wmiam B . Fleming, and Hon John IL
to look into carefully, and that further time Alex ander, who had for several years, by
was asked for before making a report, lie au thoritv, discharged this duty with fidelity
also said that the Committee had authorized lQ Uie s -^ tc . ^ jf J J
him to recommend to the House the mexpe- Resolved by the Senate and House of Itep-
diency of havmgafterncion sessions m const- |resentati ** the said resolution be re
qneaceof rhe large;«nonD.of bosineai ■ vokcd thal Hon IvenwnL.HMrU.WU
fore the Commatues. Further time was , liam B Flem i n? and John R Alexander, be
granted as requested. . ; autiiorired to cast such rote, and the said
A message from the Senate was received,, commjssioncr3 gtau make annual sutements
?* y . m be , hld A i to the Governor of the condition of the States'
lanta BUI, and had concurred in the House , in s:t id railroad. Adpted.
resolution m reiaUon to Governor Bullock s. Bills wcre rcad tbe second time,
resignation ; also, in tha joint resolution re- 1
scinding the joint resolution of the General
BILLS OX FIRST HEADING.
Mr. Kibbce—A bill to incorporate the town
Also a Dill to change the line between Clay
and Calhoun counties.
Mr. Richards, of Cherokee—A bill to au
thorize tlie tax Ooilectorcf liis county to _
the ordinary the btatctaxof 1870," to build
court house.
Mr. Pay tie—A lfill to amend sec tion 099, lie
ised Code, in relation to exemptions from
road duty.
Also, a bill to change the time of holding
of Catoosa Superior Court.
Mr. Goodman—A bill to change the time
of holding Campbell Superior Court.
Mr. Hillyer—A bill to change the time of
holding Camden Superior Court.
Russell—A resolution instructing tiie
Finance Committee to report wlmt compcn
sat Ion the Committee on the Weste
Atlantic Railroad should receive.
Also, a resolution tendering the use of the
Hall to General Duff. Green this evening, for
tlie purp^seof delivering his views ou finance
Adopted.
Also a bill to provide for tbe collection of
tux for payment of insolvent cost for B. L.
Cole, late sheriff of Chatham.
Mi. Iltmter—A resolution tint J. C. Nich
ols, W. II. Bennett, and A. H. Ham* ii are ap
pointed Commissioners to represent tiie State
as Directors in tlie Albany and Gulf Rail
road.
i resolution appointing a joint com
rnittee to rc|>ort what change in Senatorial
Districts should be made.
Also, a Dill to prevent the sale of farm
products between sunset and sunris •.
Also, a bill to repeal an act to amend sec
tion 3151 Revised Code.
Also, a bill to alter and amend the law in
relation to injunctions.
Mr. Peeples—A bill to extend the right to
join persons in marriage to practicing nttor
nevs.
Mr. Gray—A bill to repeal an act to author
ize the payment of cost to officer- : . Bartow
county.
"Wofford, of Bartow—A bi!! *< increase
the pay of jurors in Bartow county.
Also, a hiil to amend tiie act in* >r;K)rating
tiie Atlantic and Great Western Canal Com
. Clark of Troup—A bill to in* r ase th(
pay of jurors in Troup county.
Mr. Cumming—A bill to amend ’.lie law
relation to garnishment.
Mr. Bell of Webster—A bill to : mend-thi
act incorporating tlie town of Pr- ' •
Mr. Craig—A bill to prohibit t ”
the town of Darien from inlcrfiii. 4
measurement of timber.
Mr. |Atkinsou—A bid to j. t public-
roads in Thomas county.
On motion of Simmons of H V
Stephenson was invited to a v. .t
A resolution was offered iiivhir ^ tlieTru
tees of the Georgia University t> neats
this floor.
Mr. Bacon advocated the adoption of tho
resolution.
Mr. Simmons moved to amend by ad li
the Trustees of Mercer and Oglethorpe Co!
leges, and of the Lunatic and Blind A?y-
lumns.
Mr. Simmons was opposed to disciitniua
tion.
Mr. Hudson moved to further amend b
I D ( N BRC
0XD I*AGE.]
Commiltre*
Tlie Kn-lilu
’Jiis Committee adjourned yesterday. It
> d it labors in this section. It examined
r a hundred witu ca. It sat with closed
rs. It li T1 a sort of inquisition, to get
imony against the South, in which tii«
only re-jM- entativcs of fair play were tba
orratic members, Senator Bayard and
Vorhec:'. But for the vigilance of the
latter gentleman no rebutting evidence could
have gotten ’n. The tearch for Radical tee-
itony h:a> !>. en kccn. Ilorace Maynard and
s asstM iab s have exhausted every effort to
rlit'y the slanders ag-inst our i*eople.
Could the proceedings have lioen made
ibiic, and iLe names of the witnesses and
icir testimony given out, tlie good jieopie
would then have had a chance to refute the
j tunic. 1 - . t tlu m. But this would not
c served the purpose. So the tribunal
•t out tlie public, and confined the exam-
lion ns for ns possible to the prosecution,
trust this fact will go with the evi-
ience.
Every disorder of tiie last four years baa
-f-n raked up, an*l in some cases tlie same
outrage 1.. . done duly many times in differ-
iliap'. s. Negroes have lxcn the choice
witnesses, and ‘‘colored troops have fought
nobly.” They have sworn magnificently.
The pay and mileage paid them has brought
luanlilies in with stuff ample for any de
mand.
An immense amount of evidence in utter
rebuttal of the : !andcrs has come out too.
Many tale* have been so clumsily told
that sharp cross-questioning has shown up
th»*ir falsity.
One belch of dirty negro girls swore to
ie of their number being beaten so as to be
bedridden for four weeks. Tlie cross-exam-
ition brought (.at that in four days tbe
beaten woman walked fifteen miles to a
And the same party of perjured
wenches were- seen counting tlieir i»y of $35
or $49 each, and chuckling and giggling over
their gains, and vow ing to send others up to
lie for hire. This is as sickening as true. It
an eloquent commentary upon this
secret inquisition for proof to bolster up
slander.
No proof was obtained of a general Ku-
Elii.v organization. The only thing of tlie
kind, :t local affair, was shown to have in its
nmibership two Radical revenue assessors.
The body of the outrages were indisputably
shown to be connected with illicit distillation
and utterly outside of politics. Intliemoun-
counties, where illegal dLl filing is carried
he most of the violence occur* and waa
proven to be done to protect the distillers and
their confederate?.
The revelations of negro crime have been
very sickening. The bitterest witnesses have
been such negroes ns Turner, and such whits
Radicals an Senator Brock.
One ex-Federal officer named Lyons, a Re
publican and a large railroad contractor, gave
e fine evidence to the good order of tiie
State. Ex-Governor Brown, Ben. Hill and
Linton :-tcpbcns were «nmmoned before the
Commute-, and testified strongly for the
people.
But the trouble is that the evidence of one
perjure*! fccamp goes farther than that of fif
ty truthful witnesses. The object is to get
proof to calumny for political effect Tiiat
is suborned, and the damage is done. The
pretext is fumi&hed.
Military I ;
The most import
pretne Court ycutcn’
o? Stone again 5 *! \Y*»
t!.(
J Ordinal
tnd p it St
>vcr* uled.
decision of tlie Su-
• v i»s that in the case
from Chalbam.
!.»riy and lawfully
' ' " d T»n*y removed
:i i*i • Tlie Court
• over the Liilitary ap-
rightful vindication of
■ civil law.