The Weekly constitution. (Atlanta, Ga.) 1868-1878, April 02, 1872, Image 1

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Terns of Mtb.crli.Usn: wesax COXbTlTCTlOS per ms t* 00 AlflCbscrlpUosrsrspsjsMs strictly In adrsne* sad, at the cxpiru/m of tbe time for whkh psjmcm amide nn-.essprericaalyrenewed, lbs naan of tbs EVCtabssf TaafUM, art a copy of the paper sent free to tteitttar-cp. ATLANTA, OA, APH1L 2. 1173 ipenls for lb* Coastllotlon Col. T. n.ACTO.'S, General Travel Ins AfCBU i in re«niai1y authorize*!. Th# foUawlar rcntlemcn m« i^Qiiny aniaon/w, Ml^SSSy^gS^Iraylptlorra^enpCoer SoTaneonmrcnon, or tta following ptacca: , o. p. snrtTor. Ataromlta. kanow crawly. flta,G»ah * Besrinn. Al-stones, Georgia, I O. McDnn.-t. harness IHe, Os, 8. H. bsrsns. Bsrxd,lie. M. »-<i«n«-_, llertoo Cssstf, W. W. Martin. Homed, A- O- Harris. BsfsCtt, tie., A. G. Ilttijs. CsrurssQle, Os , Lewis Tvwirw. - “ . Us., low MeCowwmx. ' ft. C. Bxinx*. ’ , McCone* 11 A Latnpkln. a, J. X.Hfphm. A. P. *allh. Covington, G«_, AiDUM Conyers. O*., E. f. Euwai k county. <*» . 4. It B»rb--r. * tJUfcTLU T^n" 4.4. McOiobou. CMMtAAH., W. O. SaSUWICM. CinMauU^s U». Jco. M- Pw«fii CaiMmt OeoreU. Joseph T. nhR Dealt or, (k. J. If. Pat*. XHhlor. , f#s.,*B."lt. Meador*. Dib’or^a, CJ*., B. K. M Kwt Paint, <J«, Isaac B. Port Taller.Everett. Forsyth. <**., W. Jo Milner. OneMUIr, Ua, J. W. Both. UwixMrst «mnty, Ga, JaA T. Liacn, end Greeoesboco, Os.. J. F. Zihxuucak. , Ik.. 4. I». Bwww. Gainesville, Oe^ I D. Cszahixs. llogaasvillc,lie., J.L Joenrao*. Henry county, (ja. Lkti H. Thwa Jasper. Pick me cocniy. Ga.. L J. Aiajucd. Jonesboro. G*.. E. L. Ileynee. Jacfcron«t!T«, Al*..N. D. Criswell. ' a. fie., U. n. Fmab, {r, CkA f C. F.' Wpef. - *—IW. BAC03T CM Lnfagtoa, ft* . Jot Lithon is. DeKalb r — . wsMteas’ Verms-. Siwleo, A. It. Finer. THE WEEKLY ! TRIED AND APPROVED. Xbo Cheapest and Best. I Sterling’s Southern Series of VOLUME rv.i ATLANTA, GEORGIA. TUESDAY. APRIL 2. 1872. 8CHOOL BOOK!. INUMBER 52 1> K <J IfilONS SVPBEMB COURT OF GEORGIA, Delivered at AQania, Tuesday, March 26,1872. [UFOKTU* MCI CalTXLT TO* THE ATLANTA COXfTI- TVnoX, BT *. J. HAXXOXS. * George D. Whitman ctaL, vs. R. D. Bollock, Gorem^r. Complaint, from Walker. WARNER, C. J. OMtOnT Ala.. 8. oSSSTCalbuna aunty. AUkM, Jf.H. Allen. Palmetto. (k, Kockwooo Cc *ni>c». Depot Agent. "LQt.O.W.Tnmn. * T.lk. T. D. A*A*». Mb. ftmurT. Railroad A^nt fcocsl circle Ga. A. X • uiloa. .K.ftatTru. *—**-*-», Rct M M. Lanrfram, ■. ■ fltramuft, Orlflki * Worth Alabama Eaflioad, i, «-a., James A. Cana. IMA Ox, J. K. Ax>a*». Talklag Dock, <*a., T J. u- fan. "■"road, Ororge Kendrick. „ Clrtnants. Talking Stock, (««.. T 4. Up*w const y fUilrosd, C Vlllanow, On, 4. A ONi Vina lfic*,Gs., W. B, Can Assl*!H. toD, (is , uajuii » sstras. Wnst Point, Ox, W. A Jovta. Wamatoa. Oa. R. M. Biim Zcbaloo, Ox, Sail! ran 4k Mstaler. klale Basil Frauds* One of the State Load committees fans re turned from up llte rosd. It got lots of proof of frauds, sad will probabij tasks s food many orrecu. The evidence gained against Hoyt eras very damaging. Over (2^0,000 worth of wood was used on the road in lSW^^hen $100,000 worth was ample. Of ibis Hoyt got pay for $184/100, anti other parties T.t $100,000. In many cues two panics got .p:y for the same wood. Citizens put the pur d on the road end were paid, and H<>yt brought tbe-wood to ids engine, where I* i*ul ft np for use, and got pgy fur It aa furoUied bv him. / .. .. Large numbers of witnesses were a ined and gave valuable evidence. Men have bera implicated little to be suspected of such guilt. „ j . . ry E3~ Demy Clows A Oa., driven to the Well by the energetic strokes of the Tuts Azures CossTircTtos, attempt by way of averting public opinion fr»tn themselves, to imperii tlw veracity of Qrl.nr.cl Avery. The Colour i being absent, hit "ton temporary, tbs rtoo, gal lantly met the attempted slander, and db reeled a few of its owd ponderous stnJea upon lbe Bullnrk banket. Clews hvlas well stop wasting printer’s Ink, if his object is In gain character ia thU section. Every effort but affords the atiove champions of honesty to ainlc them deeper in the mire of their own infamy. Colonel Avery’s last rejoinder ought to place a quietus on Clews A Cm Let their Stfainous Muds be known to every honest citizen of Geir^Lt, whom they at tempted to awindle.—CfayUn Tinea. WAStnwoTOir, March, 1873. The biggest job of the aersion received its quietus ia Uio House on Friday. I refer to the 6t. Croix Railroad land sterling scheme, which Proctor Knott, of Kentucky, defeat! d in the last Congress by his Duluth speech. Undeterred by defeat, however, a lobby com puted of ex-Congressmen and go-betweens, Set to w't.rk this eestlon, and very iteariy suc ceeded in geitine their hill through. But, ’>rery i.eariy" don't count, and the adoption of the substitute offered by Sir. Ketchum wns u Viu rlop defeat for the £t Croix ring - The se.bstitu 1 '? provides that all (he lauds granted MrCdpad i.-f lr-Ssand lStH.fortbe Blodgett. Then: is no worse practical commentary on tbd Radical carpet-bag governments than that Scott, liovernor of South Carolina, should harbor Blodgett against any legal de mand of Ccnrgis authorities. Hiding under Scott's protection, Biodgstt coolv parlies with our investigating commlunet, and de mands terms, under whoso protection only he is to give any testimony on the fraud?. He demands immunity from arrevt until Conley’s pardon shall run the ordeal of the courts. The committees ollbr to meet him at Newberry, South Carolina, he decline?. Tims lie dallies with justice under the eyes of Scott’s Mack protection, and the law seems poweilesa, A graver mockety of civ* Hired government was never seen. Thank God, it it an etclusive illustration of Radical rule, and its very infamy may torch a lesson for benedt hereafter, if not now. cniu-tniction of the sl Croix ami Lake Sn- iierior Railroad, sueh grants having expired nv limitation, ere declared forfeited to the United Stitts, and shall henceforward be subject to the homestead entry mid settle ment under the Homestead act of IheHOthof May, lsGi, and that no part of such lands shall he selected by or inuf? to the benefit of any railroad company under any assumed grant to tec United States, and that no laud embraced in Ibu grant to the St. Croix Rail road Company drill in any case revert to the Not them Pacidc Railroad Company, and re pealin'.' ail acts or part of acts inconsistent it!i tliis provision. Among other Democrats who voted nay on the substitute, and wore for the original land stealing bill, I regret to see the names of DnBose, Prli c aud Young. That Itigby and Speer should have supported the measure is ss surprising. The following editorial was crowded ott yesterday: Tuo Bond Coramlllae has hit on a very eirious matter in connection with tl-csecond State aid bill, giving $s,00l a mils in gold b m is to the Brunswick and Albany Railroad for which ft was to substitute sccon 1 mort- gigo bonds of the road at $10,000 per mile. This bill passed the Till of September, 1970. On the 19th of October it was reported ear died by the Chairman of the Enrolling C mmlttce, anl realy for the signatures of lit presiding olfic-rs of the two Hons-’?. Yet two day! before it was so reported en rolled, viz: on tlw 17th of October, and two slays betora it was ready fortlio sign; tares of tha presiding officers of tha two House, wlio-ti signatures are always given before the Oovernor his the chance to approve, the bilf bears the approval of tha Governor. In other words, Bul lock approved the bill before It was signed by tbe presiding officers of the two Houses, and even before the bill was en rolled. In addition to this grave Irregularity, Bullock notified the House oa the SS’h Octo ber, eight days after he approved it, notifying that booy that be had that day approved that bilL There was a gap of oversmonlb, viz: from 7lh September to 17lh October, between the passage an l approval of the bill. This is ascribed to the passage of a joint resolution requiring that all bills tor State aid should be withheld from the Governor until the Legislature bad acted on all such bills. Yet this joint resolution was only approved Oc tober the 17th, the very day Bullock approved the bill above referred to. These irregularities raise a grave question as to the validity of this law. It was iniqui tous in its conception. It was itself a fraud upon the State. It was an additional con tribution of Slate help to so enterprise al ready overaided. It was meant as a job at the State's cost for the beaedt of a band of corrupt schemers, without possibility of in terest to the State. Itwae carried through by bribery. And now, to add to all this, the most serious irregularities in its passage are discovered. What will be the effect of these remains to be decided. AgrlcBlsnrml icea Mr.W. G. Iloward. of Baltimore, for s long time enraged in tea growing in India, has bten to Mobile endeavoring to arrange for the establiahment of an extensive tea garden. "..Be Uv QRVfully ozantianl iuto the'matter i is confident tl is confident that tea will notVSily grow _ II in the vicinity of the latter point but wm prove a most profitable crop. - i ~ i in the United States InlS.O: Wheatnroduccd,28652,000bushels. Rye produced, 32,22? ,000; barley produced, 27,652,000; corn produced, 874,121,000; oats prodooed. COS^SMIOO; potatoes peed need I*|gj36,006; bolter produced 514/XB.462 pounds; cheese produced, 235,5U),5#9 pounds. Georgia Hallway Stews. Tbe Elbcrlon Arr-Litie Railroad organized. Lawrence Hurd, President. The Northeastern Road will run the Har mony Grove line. It will soon be ready for contract. The Savannah Republican says the Central Road, by its late purchase of Steamships, is fixing for a big fight, and with good chances. The suitof the Gulf Road for $70,000 of iron against the Central Road will be tried on its merits in May. President Salisbury is pushing the Savan nah and Memphis Road. Tne road will be extended fire miles beyond Dadeville by July. A railroad from Bartlesville to Columbus via Z- i-uion is talked of. 7 be survey of the North anl Sooth Road from LaGrange to Fnnklio will soon begin. Muscogee, Troup, and Harris counties have liberally- r»ponded. McGrath and Tyier.of tbe South Carolina Road, end Wadley aud Roger*, of the Cen tral Road, have been in consultation in Au gusta. The Chronicle thinks it is to concert about the Georgia Road's indorsement of tbe Port Royal Road, and get control of the Sa vannah and Charleston Road. Iu Madison a meeting of the stockholders of thcCriffin, Madison and Monticcllo Road was Ltd-'. D. E, Butler waa rccommendeu Director in place of P. R. •tgntJ. It w'Anaulved to. pay twenty per e-nt. tr uffick when work was begun at the Madbori end. Coion< 1 DcGraiTenreid has written the Covington Enterprise that ha hopes to effect llte consolidation of the Macon and Knoxville executors of William Brown, deceased, Pol! and Oemulgea and North Georgia compel the specific performance of a parol k«ed to have been made between the com- the yerdict of the Jaiy, and reverse the de- *• xsr *• ’ Shropshire, end paid him therefor tbe sum of $5,000 iu cash,. The money was raised by calling in loans made previous to the war, receiving tbe Confederate money paid for the land from bis debtora as gold, dollar for dol lar, Shropshire was living at the time of tbe purchase of the property, but died short LaGrange fromIliwkfnsvilleand connect defendanPa testator, William Brown. On sttrnmi u!a d Ji^w'MuodHuT 15 Afterehe WU. Forest Hoad In _Nor.ii Miwisrippl. ,pSf by Steven . . % Tennessee and-Mississippi towns and people fonnance nftbe alleccd contract. **A mt-fion ^1™- Shropshire, the widow and her children case be affirmed, and that tbe decree made have promised aid. From Hawkinsrille was made fcr a newtrial on several gronnds, Jqr aqd Memphis Rotd are good. It will go pfitoents intestate, Warren Brown and the tbirty.fivc miles sre surveyed. In Georgia llte road wiil run one hundred and forty-two mile*. The Maelm and Brunswick Road has rtf-red to put down the iron. Tha Carroll county Times publishes two letters from Campbell Wallace, President of the Werogia Western Road to Mr. Kramer, saying that lie is making permanent location i the tir.l twenty miles of tha road from Atlanta, and will sorts have it in tbe contrac tor’s hands. He hopes to have fifty miles of tbe road dor.s by the fall of 1973, though to flo this muuh will depend on the condition of the count-y. He urges liberal subscription by the people on the lire of- road, promising to spend every dollar a county subscribes in the coqnty. Every one nearly has given the right of way. OUlt WASHINGTON LUTTER. At anil Job Defeated—Bow lire Boo, gions Vote. i|/i<Hiiauio iuiwwh, n<u uv* tti jf ’itaai'JU Ul the lot of hiiul until after his father’s death. It ia cl iioieti that bis fatli-r, in a letter writ-1 ten to Wap6n, (who then lived in Alabama,) on tha ffffoOjwnpiber, l a 57, requesting him to come and see him, and expressing the hope that he wou!.! come, induced him io sell out there and move track to Georgia, at a sacri fice of $69tt 6), but there is not ono word in that letter ab^at any contract for the sale of tbe land to him. It is sliown by the evidence that he came to hi* father’s, and lived there until liU fa-bet’s death, and Uiat his father said to Shropshire and others a day or two before his death, “ That his son Warren had come here to wait on him in his old age, and spent $609 00 Pi come, and he wanted to make him whole, and wanted Shropshire to sre that his son, War ren, have a good title to his lower iol of land, la title they can’t jostle him in.” Kirby states that Ward, one of the executor* of Mr.l Brown, in a discussion with him about hi* Sf„ patcraal .? n ?.? fa ? er , of tte children, defense said thal-behad no doubt some uu- , Uiat Hf d “J fas prepared by deiManding. aa is state. 1 in the hill, existed JgdCf Wright, and hsnded to him by Judge between the oldmun Brown and his son War- Wifait, who assured him the deed was good ren, but Warivu had no writing, and his wife “ P» rfect »° cleav «- and children coo’d not liold it This h mb- ? Z i . !U ° e . d J ,:a . a "!!' tantially tbe CTidCnce in the record toprovr ueas. admits writing the deed, but denies tell Now should tlic Senate fail to adopt the House sniistUult', tiie 1-nds which the St. Croix lobby hopt tl to get possession of will revert pi the North Pacific Railroad Com pany, already gorged with lands robbed from tin; people; and thus will be perpetuated a bigger swindle Iban the original one. The Senate is pretty much run bv railroad rings, and the wealthy Northern Pacific exercises potent influence. Tbe fate of the House sub stitute Is, therefore, somewhat doubtful, to say liic least. OUR ILU.IOIS LBTTEB, Editor* Cohtfitution : After a l^ng absence Tiie CoxsTrreTioK lias again honored our cottage with its prwcoce. We greet it as an old friend. It awakens pleasant remins- ccnces, ami carries us back to “days long avne," when wc lived beneath Georgia's sunnv sky. Those were happy days and we shall ever recur to them with feelings of pleasure. Thi* is, according to the Almanac, thebe- ginning of spring. Hut it looks like mid winter hero. We bad a fall of five inches of snow yesterday, and it is bitter cold Tne parties here are marshaling their forces for the coming c irupaign. Disaffection is ap parent to the most casual ob-erverin the Re- nubi.-aa rttai.it Thu German veil*, in the ui.iin, d-imiuite lie disitV.-.-p-.i element Va- nm-.s causes have conspired io produce this state of aTiira. Tiio present Itepti'ilioan Leg- i-iatu.e wnntc-i the I'lin temperance law, tviiiPh is quite distasteful to the German pop ulation. I hey are the principal grape grow ers an d i re likewise largely engaged ill brew ing h;.-. ':eer, etc. As this law operates ad- errselv to tlieir interests it Is natural that they should feel indignant. They have held pri mary meetings ami have resolved not to vole any Republican or support any who either Toted for or supports the bill. . . Again, Mr. Sehniz wields an extensive in fluence among this people. He may not “cany the German vole in his pocket, but I assure you that no man oa this continent is more idolized by the Germans than be. eleven 'out of the sixteen Congressional district*. Despite their efforts some six out of these eleven districts can be secured against Grant by a change of less than fifteen hundred votes. Added to this, Trumbull’s disaffection widens tbe breach, and Illinois may be safely* set down as lost to Grant, pro vided the Circinnali Convention nominates a rasn who has the reputation of a statesman. The Democrats here favor the passive policy. “ Masterly inactivity " it their watch word. They will support the nominee of the Cincinnati Convention, and rely upon schisms in the Republican ranks to carry a majority of the Congressional dis tricts. I verily believe that a majority of the next delegation from Illinois will be Democratic. It Is net certain that even Gov ernor Palmer will support General Grant Nor can General Logan be claimed by that party with certainty. However, be is a politi cal weathercock, and will ton about with the popular breeze. He is an adroit trickster and plays his cards to win. If Grant should prove to be a trump he will support him, otherwise he will not. He has so far been shrewd enough not to commit himself. This is of itself significant These are opinions formed honestly, which may cr may not prove to be true. More anon. Respectfully, Calhoun. at Uw of F, C Shropshire brought an action I equities boe^atrt the purchaser of Use land | will he granted against him for the value of of Ejectment against J. C. Hawitm tore- nnd those ..lag title under him and the the land, if Mich viine he less than the amount cover the jpot-sessioD of a tract of land in the county of Floyd, containing twenty-seven and one-half acres, being the place whereon F. C. Shropshire formerly resided. The plaintiffs are tbe widow ana children of F. C. Shropshire. When the case was called for triql the defendants made a motion for a con tinuance on the ground that they desired to file a hill on the equity side of the court to The defendant was arrested under a bas- bring other parties before the couit, and set tardy warrant issued by a Justice of the up certain equities against the plaintiffs’ Peace, and not being ready for a hearing the right to recover in the action of ejectment, case was postponed to a future day, and the stating to the court the facta which const i- defendant gave bond and security for bis ap- tutwl their equitable defense. The court pearance on the day named by the Justice for amended tbe. motion on the ground that the hearing of the charge contained in the under the existing laws of this State, new warrant The defendant failed to appear at parties would be made and the rights of all the time apppoioted, and snit was instituted could be settled on equitable principles in the on tbe bond in tbe name of the Governor for present action. The defendant then amend- tbe use of Martha J. Carson against the prin- ed hls plea setting forth hi* equitable grounds cipal and his securities. Tnere was a demur- for relief, and the court granted au order rer to the declaration which was overruled making Wesley Shropshire administrator of heirs of the tso-ter But for the money paiii of tlic if /*«., otherwise for the amount of the by the purebtser for the land tbe land wnuht execution, have been taken to pay the intestate’s debts. I J udgment reversed. Shall the he rs .of the intestate hold and \ Alexander & Writ-lit for plaintiff in error, enjoy the land without paying back to) Blance, Dodd * King, bv J. W. H. Under- the purchaser of it the amount he paiJ.and wood, contra. which was appiwd to the payment of the in-! testate’s debt* to enable them to j W. P. * F. N. Chisoint vs. E. H. Muse, dc- enjoy it? Shad the heirs of the intestate| fembmt in fl. f», and 6. U. Chittenden & by the court, and the declaration ordered fb F. C.“ Shropshire, a party plaintiff, and beamended by striking out tbe name of Mary also making J. P. I lulls through whom J. Carson the usee, to which the defendants defendant claimed the title, a party de- excepted. This was a quati criminal pro- fondant The causa then proceeded to cecding against the defendant for invetiga- trial, when the following facts in substance tion before tbe Justice. The defendant was were proved as disclosed by the record: In legally arrested and brought before him upon tiie summer of 1862 P. C. Shropshire, a short the accusation of bastardy, and the bond for time before be left home to enter the Con- his appearance was legally taken according federate setrice, told The witness Johnson to the provisions of the 4633rd and 4015th that be was then preparing to enter the ser- sections of the Code. vice, and needed all the money he then had. Let the Judgment of the court below be btusaidhehxd put his jtlace (the propertyin affirmed. > dispute) in the hands of Mr. Stevens K. 91. Dodson, by Wm. H Dabney, for and so soon as he made sale of it would then plalntW.in error. be able to pay all his debts; said he could No-appearance contra. not pay his debts until the property was sold; requested the witness to assist Stevens in the Wesley Shropshire, ct aL, Vs. Mary A. sale of it, and if could find any one wishing Brown, administratrix. Ejectment, from to purchase, to send them to Stevens; said Chattooga. his price for the property was $5,000. On WARNER, C J the 18ih of November, 1802, Huits purchased This was a bill filed by Maty A. Brown. {? e , P . r °fi P h ^ -‘ jf Stevyns .as tho agent of administratrix <.f Warren Brown, ngaint the r " u Barop! but lbs principal ground insisted on was that no contract was proved which would entitle tiie complainant to a decree for a specific performance of it, which motion was over- ru’ed, and the defendants excepted. Tbeacswer to the complainants bill denies the alleged parol contract. The testator, Wm. Brown, nude his wiil about ten days before his death, and devised his lands, in- during her life, and at her dea'li, to be sold anti equally dl-iutrd between his children named therein, one of whom was hb son Warren. The evidence shows that the com plainants iaieslate, was not in poscssion of debts of said estate. Tins deed was written by Judge Wright, tiie father of Mrs. Shropshire, and the grand father of her children who arc the plaintiff’s in the ejectment suit, and was executed by tiie [tarol contract for the sale of the land by Win. Brown toj'lt- -fen Warren, which 1* sought to have specifically perforate-1. To en title the complainant to a decree for a spe cific performance of the alleged parol con tract between William Brown and Warren Brown for the sale of the lot of land, tbe contract inu-'t first lie established with rea sonable certainty, and the consideration claimed to have been paid or rendered, must be clearly proved to have been pai I or ren dered in putsuancoof that contraet. The con sideration claimed to have been paid by the complainant’s intestate for the lot of land,was the damage and loss of six hundred dollars sustained by him in removing front Alabama to Georgia to attend to his father’s business. Whether that sum was a full and adequate consideration for the lot of land, the record doer not inform us, as it contains no evi dence of the value of the lot alleged to have been contracted for. Tbe counsel for the de fendants requested the court to charge the jury: “That it docs not require as much evi dence to defeat a specific performance of a contract as it does to rcscipd a contract exe cuted, and inadequacy of price or considera tion, may justify the court and jury in re fusing to decree a specific performance.” Tbe court qualified the request by adding: “If such, as to induce the jury to suspect im position or fraud when the contract is be tween father and eon, that fact may be con sidered for what it is worth in connection with the amount of consideration, and all the other facts and circumstances to enable you to determine whether this contract was fairly and bona fide made and obtained, if nude at all,” - This qualification of tbe request by tbe court to charge thejuty was error, and especially so in view of the facta of this case, there being no evidence of fraud or imposi tion practiced upon the complainant's intes tate. The increased value o: land, resulting from the altered condition of our people, ad monishes ns that the well established princi- iles which govern courts of equity in decree- ng the specific performar.ee of parol con ing Hulls the title was good; Units naked. Aim to write the the deed and paid him for writing it. Thcretson why the deed was made direct to Cleaves instead of to Hulls, was to save stamps. Wesley Shropshire-, who wa examine-1 as o w itness, states that Judge Wright advised him to accept the money, and pay Frank's debts; that he has paid nli the debts with the money except one. In his return to the Court of Ordinary, Wesley Shropshire charges himself w.th the follow ing receipt; “Kiceivet December 2’, "862. of J. R Steveu9 five thousand dollars in full, for tit" pur-base of 1-’. C. Shrop hire's house ant: lands oa tiie Calhoun roa- i, one and one-fourth miles from tiie city of Rome, Ga. -‘ tVe-nKT SHKOPsnntK, “Adm’r of F. C. Shropshire, dec’d.” The original receipt was read in evidence, and proved to have been written by Judge Wright os well as the bond, who was the legal adviser of the administrator. The return also Shows the payment of debts of such a parol contract for the sale of the lot of land in controversy as would authorize the i-otirt and jury to tie-.fee a specific perform- tnee of it accor.'icg to tbe tvdl recognized principles by which conrta of equity are 'vetoed and er-n’roiled ia such cases. Let the judgment of th.e court below be reversed. Win. II. Dabney, for plaintiff in error. J. W li. L’iu tr-vood, rant, a. The Selma, Rome and Dalton Railroad Com- pany vs H. M. Camp. Right of wsy from Floyd. WARNER, C. J. This case came before the court below on an appeal from the assessment of damages under proceedings instituted by the Selma, Rome and Dalton Railroad Company under the provisions of the charter of the company to ascertain the damage done to H. M. Camp of the county of Floyd, by the location of tbe railroad on his hunt. On the trial the jury found a -verdict for five hundred doliars. A motion was mode for a new trial on the pan of the railroad company which was In the re cent gerrymandering of thi* State (-overruled and tlic company excepted. The the Legislature' though t they had secured evidence is that five acres of land was taken by tbe company, worth $125 00, tbe other damage done to his property is proved to have been fJ'O 00 making tbe entire actual damage sustained $374 00. It is true that the plaintiff states that bis mill which is lo cated on another tract abont two hundred rards from the railroad was injured $600 00 Hit in what manner the location of the Road injured it Is not stated, except the losaof cus tom, and that it cost him $1,100 00, and he has soid it for $100 00 Nelma, the witness, testifies that the custom to the mill decreased abont one-half after the railroad wit built, and that Cump sold the mill before the road waa finished, bnt after the grading and change of the mill road. Tbe damage dote to the mill, for which the plain tiff is entitled to compensation, is the actual damage done to his property by the location Edaeaitoaat Items- Thirteen ycaag Utiles have asked to eater the Tals schcol of journal ism. Allot the State* entitled to agricultural college land scrip have received the same ex cept Arkansas and Florida. Minnesota empioycd-IaitjeariirJw schools 4,895 teacher?; kad paid them in sala ries $563,398 IS. Tbe average wages of male teachers was $37 68 per month, and females $255L Tbe Iowa Agricultural College had during last year 220 undents, whose estimated ex penses were about $135 each. The avenge earnings were $50 a year. the railroad company originated the proceed ings against him as the owner of the land to assess the damages for the right of way under theit charter, and he being in possession of the land and recognized by the company as the owner therof, it was not incumbent on hist to prove bis title to the land at tbe trial. Ii the view which we take of this case, car Hdgment is that the judgment of the court fbonld bo reversed, unless the plaintiff shall consent to write off from the verdict the sum of $ 125, roasmjmye the sum of $375 aa the SS - and in the event judgment be Let the judgment be entered accordingly. Printup & Touche for plaintiff in en Wright & Featherston contra. have the land-**:! the money paid by the purchaser of it without refunding to him the money paid for their benefit? If there is any equity or justice in that, we are unabl« to see it If F. (J. Shropshire, while in life, had made a paro! contract with Halts for the sale of the laud, aid had received the conside ration thcrefor.-kcocrt of equity would have compelled a specific performance of it Full payment alone accepted by the vendor, if clearly proved with reference to the parol contract, wiil bs-mfficient part performance to justify a decree. Ode, section 3131.^ The The statute of frauds requires that “ any con tract for the sale of lands, or any interest in or concerning theafirtustbe in writing signed by the partyrfo be charged therewith, or by some person by him lawfully authorized.” But the statute of frauds does not extend to Cases where the trie tract has been folly exe cuted, or where there: has been performance on one side, accepters-ho other, in accordance wititthe contract—0,d. : , sections 1940,1941. The parol contract in this case for the sale of the land was mad by Shropshire through his agent; Stevens', tiie purchase money for tiie land was paid by Hulls, and a'cepted by Shropshire, agent for him; there was a'per- formance on one side aud an acceptance by the other in accordsace with the contract; and it would be a fraud on Holts and those claiming under him not to compel a specific K rformancc of the contract which the jury, _ their vcrdict,have done in this case The verdict of the jury Is in accordance with the well established principles by which conrts of equity are governed, in decreeing the spe cific performance of parol contracts within the statute of frauds. We therefore affirm . vtwvovuiwiueu^mt ****** IUO UCUi U*9 UIUUU vocated tlic premises, and Holts took posfes- thereon, signed by the Chancellor asset forth sionof them under the purohasefrom Stevens in the record, be reversed, vacated and set as the Agent of Shropshire on the 1st March, aside, and that tbe Chancellor do make and 1863^adcontinued in poseesaion of than until sign the following decree upon said verdict: 1866, when be sold it to Cleaves for $5,000 The jury iu tbe above'ttsted case, after bear- cash. Shortly after the death of F. C. Shrop- log the evidence submitted to tbcm under the shire his father, Wesley Shropshire, became pleadings set’forth in the record, returner! tho .i , f 0 l] 0w i n „ 5pec j 8 i verdict: “We, the jury. find n *lm 1..... i ? f? . •* - — f . s .a the administrator on his estate, and executed a bond to make a title to the property in which it ia recited: “Whereas, French C. Stevens, did sell the place where ho resided near Rome, Ga., for the sum of five thousand dollars.” This bond is dated on the 26th of December, 1863, when all the facts relating to the sale of tho property may fairly be pre sumed to have been well known to the parties interested. On the 31st October, 1860, Wes ley Shropshire, the administrator,- made a deed to the property to Cleaves by the con sent of Hulls, who had sold the property to Cleaves. Iu this deed it Is recited, that “ whereas, Francis C. Shropshire did in his life time, by bis agent J. R. Stevens, sell his residence near Rome, and the land9 thereunto belonging being about 37 j acres rf land, and did then denari thL* life intestrfto without nr. did then depart this life intestfto without ex ecuting title thereto, and afterwards the said Cleaves did pay me, the adiainistratorof the said Francis C. Shropshire, the purchase money, to-wit: five thousand dollars which I was enabled to apply to tho payment of the of •ftffl Mleln ’ hundred dollars, and interest on that amount from the 37th July, 1864, for improvements, and plaintifls to pay the coat of suit. This 27th July, 1871. Entix IIillveh, Foreman:" It is therefore ordered and decreed by the court that the plaintiffs do have and recover the premises described In the record, on the payment of tbeatm^of five thousand doliars with interest on-+«* same from the 18th day of November,1$63, up to the 27th day of July, 1871,’ to the defendat?, within sixty days after tho date of this deorce, and that tiie sum of twelve hundred dollars to gether wilh the interest on thatamount from the 27th day of July, 1:93, up to the 29ih day of July, 1871, for improvement?, be set off against the sum of fourteen hundred and flty dollars found for the plaintiffs for rents, awl that the plaintiffs do pay tbe costs of suit to be taxed its ri tjulied by lay. Alexander a Wright, Smith & Branham, Dunlap Scott, for plaintiff in error. Wright & Featherston, Underwood & Ha waii, contra. R- L G. Blake vs. J. B. Camp. Attachment ami illegality, from Floyd. McCA Y, J. Wlwre an altsebmevL-g-as. su-.-d au!,-ro tnrnaole by law,To 1120th district O. M., and the bond, so rpt ited, but tbe magistrate; by mistake, made tiie attachment tetiirtiabie to the 0 9th district G. M. Hki.d, Thai if t ie levying officer, in fact, -'turned the papers to the pro.-er district, to- **• the 1 t2ilib, aud judgment was then en tered up on the attachment, the Judgment was not void, and an affidavit of illegality, setting up these facts, was proptrly' over- rulc-t. Judgment .-ffirmed * Wright & Alexander, for plaintiff in error IV. B. Terlmne, ry Wright & Feuthcrstori, contra. tiie receipt t • Stephens for the proceeds of the sale of tbe premises in dipute, appears in the returns of the administrator to the Court of Ordinary, [n December, 160?, Cleaves sold the property to Rawlins for $6,000 00, who made valuable improvements on it, worth $1,200 00. Cleaves was dead at the time of the triaL There is other testimony in the record but the foregoing recited embodies the main facts which must control onr judgment. The jury after hearing tho charge of the court returned the following verdict: “We the jury find for the plaintiffs the premises together with forteen hundred and fifty-two dollars for rents: And find for the defend ants five thousand dollars and interest on the same from the 18th ot November, 1862, to date, and in addition thereto the sum of twelve hundred dollars and interest on that amount from the 27th day of July, 1868, for improvements and plaintiffs to pay the costs of suiL This 27th July, 1871. Eben Hillycr. John D. Collins vs. E. H. Richardson ot al. Deceit, from Polk. McCAY, J. It is unnecessary to file the affidavit of taxes paiii, as required by the Act of October 15, 870, in uu action for'false representations of the solvency of one whom tiie plaintiff was thereby induced to credit, and ip conscr qaenceof which it w.ys aljcgetl the plaintiff had lost this debt. Judgment atfirmed. E. N. Broyles for plaintiff in er or. J. F. Thompson by J. W. It. Underwood, contra. tracts for the sale of real estate ought not to foreman. On thi3 special verdict of the be relaxed. In our judgment the evidence ^the following disclosed in this record does not establish “ dccro to bo entcre!. “It is ordered adjudged and decreed by the court, that the said heirs of Francis C. Shropshire do recover of the said J. C. Rawlins and hi9 tenants the premises in dispute, and that the Clerk do issue the usual writ ot possession for said iremises after the expiration of thirty davs rom this date, and that the rents he set-off acainst the jniproveniei-ts as the va’ue of the improvements made bv Rawlins anti interest thereon just equals the rent?. Ami that John P. Halts do recover of We-ley Shropshire, as the administrator of Francis C. Shropshire, damages the sum of five thousand dollars, irmcipai, and the sum of three thousand and ! orty-two dollars and seven cents, interest to date, and that defendants recover of p’alnriffs the sum of - ... dollars ousts of suiL An gust 9th, 1871. J. R. Parrott, Judge presid ing.” This decree is excepted to, aud also tbe ehargeof the court to tbe jury is excepted to. If wc are to consider this case as being tried according to the well established principles which govern conrts of equally in enforcing the specific performance of parol contracts for the sale of land, then there was manifest error in the charge of tbe court to the jury. But the charge of the court does not ap pear to have hurt the defendants, for the jnrv nothwithstanding the errora in the charge of the coart have returned ap equitable verdict Tbe effect of their verdict it the enforcement of tbe parol contract made between Halts and Stevens as the agent of F. G. Shropshire for the sola of the land. It is true the jury in the exercise of their discretion have de creed the land to the plaintiffs, bat they have decreed at the some time that Huits, or those claiming under him, are entitled to be first paid tbe purchase money which the ancestor of the heirs received for the sale of the land, and which has been applied to the payment of his debts. This is a very crafty, subtle attempt to appropriate money for which the land sold, to tbe payment of the debts of the intestate, and thus protect the property from the payment thereof for and inert the road,'resilitog 'directly from the benefit of the heirs, trnaer the strict forms an invasion of his property bv the railroad °f Jaw, contrary to the principles of equity company. If the plaimiff had instituted a suit agunst the company for an invasion of “ “ “““S Shropshire, the adminis- bis freehold estate, then he might have been required to prove a title to his land; but as trator, pay the five thousand dollars, with the interest thereon, when it bas been ap- that Stevens was the agent of F. C. Shrop- ishire toseil it, and that he did selli' h the life of Shiopshire, ana reerivtSt^ererm a “ iu * * Branham, contra, the stun of five thousand dollars from Halts, m. ■ - - -t*. w — the purchaser, which sum of five thousand T rom?””* dollars,' less Stevens’ epmmissipn, was prtff ‘ ± Deputy; from p olk. over to his administrator, and appIietTEyvhim 3i0JlT(301UK!C!?U * jr “ 1 f our- in payment of the intestate’s debts. These That a third tha Tim are the plain naked facts of the case. It ia “* * “ J — 1 —•* —*—- - true that there is no evidence of any -written authority from F. C. Shropshire to Stevens the Sheriff for failing to sell, when sods JL fa. I C.IUwliusY3. Mary A. Shropshire. Elect- thelan J d ’S'U t is v ? lsoll n« thatno is placed in his hands for levy and sale; and " menL from FlordT deed was made by Shropshire or his agent where he sets up such fact aa his only excuse, J ... during jils life, but his iegal representative in answer to a role to shew cause why ho WAKNrirt, *>. j. received the purchase money and applied It should not be compelled to pay tbe amount On the 12th day of June; 1869, the heir* for the benefit of hi* estate. How stands the of thejl fa. to the plaintiff, a role absolute croe made by the .Chancellor upon that ver dict, and award the following judgment in this esse. It is considered, ordered and adjudged by the Go, claimants. Claim, from l-'ulton. MON I’GOMEUY, J. 1. A mortgage t.f a stock of goods under section 1944 of Irwin’s Code cannot, by sub sequent purchase and addition of new goods to such stock, be made’to cover an amount greater ia value than the original stock mort gaged. 2. A levy of a mortgage fi. fa. on personal property, more than sufficient in value to pay it off, is pritna fade a satisfaction. The fact that a large portion of such property was ap plied tor plaintiff and defendant in ti. fa, by way of compromise of the claims of other creditor* of defendant, will not nffect the right of contesting creditors, or claimants to have the fl. fn. credited, so far as their rights „ are concerned with the value of. ail the Prod ” c tio n property levied on. 3. Such contesting creditors and claimant* are entitled to have the fi. fa. credited with the value of the property at the time of levy. Snbsequent depreciation, nrisinu from un skillful handling of the goods, (by tnrUes other titan the contesting creditors or claim ants,) while under the control of the Sheriff or piainliff, should not be deducted from the amount to be credited on the fi. fa. 4. Under the usual issue formed in a claim case, it is not competent for the plaintiff in fi. fa. to have an accounting between the claimant and the defendant in fi. fa., and to have the verdict so moulded os to subject to liis debt any amount, which might be found in the hands of the claimant, belonging to h> defendant; even where such sum may have been paid by defendant to claim- kit in part payment for an amount of goods, (a part jot which are tiie subject matter of controversy,) which had been sold by claimant to defendant, but which sale claimant lud elected to rescind, >because of fake representations by defendant at time of sale; especially when the claimant, on Ills election to reacted the contract, tendered the money received by him to defendant iu fi fit., and which the lat ter refused. If tiie plaintiff desires to have such amount subjected to his execution, he 5 False representations nude by defendaut in fi. fa. to ehiitnant, ::i ii-fcit-rcc to his pccu- ^ . -, —j-.j, |'iary condition, to iuilutethe cinimanttoselt find for tbe plaintiffs the premise', together him the goods in eou-ioversy on credit are with fourteen hundred ami fifty-two iI.UHd. udmissitiie, on tire trial,id tbe -claim case, to for rents; and find for tha defendants live t-hoir tbecuntrifit <>f ?:ilc void on uecount of thousand dollars, unff jtderest on (be same m'sn tu-ew non ion-of a in ireifcl f.i-t ~ from tbe 18lh of November, 1663, tod it.-,; 6 Wh. re d-ninun's were deceived Ur such and in addition thereto the sum of twelve taWbpfesenlarfon, nii-l wive credit to tbe de fendant iii ti fu. on the faith of it, that vitiates lohen and Hartrrove vs. Rome Railroad Com pany Company. Ejectment, from Floyd. McCAY. J. The verdict in this case is not only not contrary to the testimony, but is tbe only verdict wbicb, under the evidence, tbe juty ought to have found. Judgment affirmed. Underwood & Rowell, C. D. Forsyte, for plaintiff in error. * Printup & Fouclie contra. . Wasiusotoh, March —, 1872. The attitude of the Democracy lias not dunged of late. It s ill adheres to its policy of “ masterly inactivity,” and will await the newa from Connecticut and tee Cincinnati C-ORventi -e U fitrSUking decisive action. At' least, such is the present impression. Thata Democratic Convention will be held during the spring or summer is generally conceded. THE ItAIUOAI.s. Now let tis see what the Ikuiicak are about Tho lines are becoming more sharply drawn between tee Grant and anti Grant factions, and the latter is daily gaiuing strength and influence. If til’s sort of lijiuq continues the . emocracy will have an easy victory. IIow to harmonize the Republican party is, there fore, becoming a study with those who have the success of that parly at heart A Re publican paper published here says: “There are two ways by which harmony can be redureil to the Republican patty aud the success of the nominee of the Philadel phia convention assured. One is by the withdrawal of President Grant from the candidacy; the other, by his reconciling to the support of his administration teat pow erful element in the parly which is now dis satisfied, djsgU'lpd, aud belligerent” Tiie first of these methods can baldly be adopted; for even wife Grunt willing to with draw, the politicians who have identified themselves with h ! m would not permit him ta do so. As matters cow stand this Repub lican journal considers that Grant is”thc only person who can be nominated at Philadel phia whom it will be possible to defeat” It further say3 that “the great disaffection now N. J. Byard et al vs. M. Hargroves tt’al. Ejectment from Floyd. McCAY', J. When the owner of a tract ot land lays it off for a town, publishes a map of the lots, streets and lanes and sells out tee lots on a street to others and the town is established, as designated in tbe map, the owner of tec land will lie presumed to have dedicated tho streets and lanes to tbe public, and if one of them be diver .ed from the purposes, designa ted, as if under a sale from the city authori ties, a house be buikled on loud that is part of the street, this doc* not auttioiize the original owiv-r of tiie tract to sue in eject ment fur the land so built upon. The title of the land is in the public, fqr tbo uses designated so long as tho town exists. If the street be abandoned by the publ c, prime, facie, tee mersion would lie in the owners of tbe abutting lots, unless tee injured grantor bad in express terms reserved tee right to himself iu bis deed conveying the lots or in his act of dedication. Judgment reversed. Smite and Branham, for Bayard et aL Underwood and Rowell, D. It Mitchell, Wright and Featherston, contra. Loyd Beall vs. Wm. Bailey. Illegality,from Floyd. McCAY, J. When an affidavit of illegality, with the usual bond, is delivered to tee sheriff, it is re turnable to the next regular term of tee court from which theexecubon issued, and not to an adjonrned session of the same term. H the sheriff makes bis return to each ad journed session, and the clerk enter the case on the docket, it is error in the court to call the case up, and dismiss it at that term. Judgment reversed. Alexander & Wright for plaintiff in error. Underwood & Rowell, centra. Hollingsworth A Moraque vs. The Germania, Niagara, Hanover and Republic Fire In surance Companies; , Complaint, from Floyd. MONTGOMERY, J. L An Insurance Company which reserves to itself the right to cancel its policies upon return of the unearned premium, must pay or tender such premium to the assured before it can relieve itself of liability on the policy. Notice of its intention to cancel, with mere announcement of its readiness to pay, is in sufficient 2. Surrender of the polity for cancellation of thefiebtsof tbeinttSa'tey fhe'h^s'of the intestate were not entitled either ” Illl l" *? , ”*y lleJ ’.«n d property until the'ddbte dne^y htowereflnj ^te parties being ignorant paiir therecan be no douS from teeeri- of the loss, will not release tee company from denceio the record, and the conduct of tbe ‘“S',,, parties interested in the sale of this property, Judgment reversed. or the claim of tho seller, who elects to re scind the contract of sale; no new cmsidcr- l-ctrtilenna. 9 he devcloDment of tee petroleum Interest at OB Creek embraces a period of only about thirteen years, but in teat short time it has attained the fourth position enthe list of do mestic products in this country. The busi ness of 1871 was very prosperous, far ex ceeding in importance that of any former year. Tha aggregate yield of the entire country, including Canada, is stated at G.GOO.GOO bar rels, valued at 837.COO.OOO. The product of tee Pennsylvania district, which is by far tec richest territory yet discovered, was 5,795,000 barrels, as compared with 5,659,000 barrels in 1870, tee value of the oU being estimated at $26,000,000. The principal qjl districts outride of Penn sylvania are West Virginia, Ohio and Canada. The extent of the Pennsylvania trade is seen by the following exhibit of tee annual supply during each year since 1859: Number of NEW ADV.BRIiSEMENTS 1 S!*5* Primer—Jn paper Matter ■“ pp>«. t «- Igtt— Wdortal Prim$r- iTtinudy lllnainucd with new tad 1881 ita 1863 : 166ft isos 18C6 18G7 1868 18G9 16TO. 1871 barrel*. 82,000 .... 600,009 ....3.113 010 ...8,056009 ....3,011,000 - 2.110.000 ....2,417.000 . .2,5V?.009 ....3 347.000 ... 1.7:6,000 ..4.215,000 ...6,059,000 ...5,79\000 ItL aoctiurn' niimMUrr' "sjiunic i SrtSSSStTiiSSj’ at ora uTi. lY. 4 — 1 “ —— *r» 101...,„„,.„,.., aa.)t M V. Staili,*. Scatnem Second Bctd«- ,,, *T». Ilf ......... M.k U - , VL SrerUn^ Southern Third tUadir-' Real Estate Dealers ami Owners ** Edolph Chicago. -VBVU.UIflailU UHlICI Jj PP. WJ icrX 1 S’ 1 ™'™ KntCT *' rl «!» ’ desirous or attracting I VI11 - Siirliur'. Soothern'i'i'fjhKcidVr-" NORTHERN G A PITAL ! I re - Stsrilas’oSouiiieraUtUoOnittmlF'' R^ , .!;»*. to o, G £ri2r5 x ' s r&szs. ‘i&e3rn : r ss: ! pp* I »• gorier A On,. Brahes. cSr “t-n -ivra’ * W ’ 03 HURJVUAM’S £-1 »lx men ix u*-e4 by (he O or . CT* SK52? 1 e ,n latent 1*4 y}**®’®* 10 ®* *> C. Its eiritnli. ^ city of cottaifaction ,h ■ ta. **»«r wheel *Tcr in- j hvt r.cc N. F, BURNHAM Vo k r„ -1 eerie.tbi-lr mot eSphstle “cdikiMton?rad iVLI St^rtTffiStT* 4 “ «•»»•» tb. Wt4fK ht. eerie-1. Ike Sooth. eora’y *, gooth ra ecu I Dbot with epK~kl jiut t fMst all» ho i-cstra to chn ieh BULLOCK TO CLEWS. Bullock’s Opinion of ttio Present Legislature—-Vothlng to tear— He Tells Clows to B if -fames’Bonds Witts the State’s money •Joffllnf. A Bacy and Uemnrkable Letter. Tbe following letter from Bullock to Clews 3^man <, tn^oTnutice Pl “' J1 “ ir ‘ “ “ P “‘ "" * Co. left behind most strangely, tnakes sotnc extraordinary reVelatiofis: Executive DtPAn-niKtcr. > ATLiNxa, Ga., January 4.1871. f Itcur,. Henry Circa d- Co., So. 32 li'afi street, A etc York city: j Gentlemen—Referring to your several tok-med’favora of the 29th and 30th of December, I would v.v |halwe are under oolwallons for "tbe efifefont efforts of .Mr ■■■•■**>■ »--■ Wells’ Carbolic Tablets A.QENT3 WANTED FOR Hjesus? 7 ' CVuivcI.r ■ ■ i.iTCrsriSIT-1 h - I .. m, pares. 04 « nr ■ iticnUr. Sp eliaenco A' Of aa. or traobtak. .at b. -urntslwl for SEL! naton by tecchies, i n ipnliestton to J. w. UUukK A Cu, rubllthrs "" Msc.ii.Oe. msrtJ-dt.wtm l^S^-Ly^brr.iaijsAlI’a. ATOPiSTko I “B o'rioek. ****** lAVra Tne only cuuiplu sltfcof JAMES FISK. Georgia, Patton County. OanniABT's Omcs, Much ss. 137*. Apd" 0 l^,V.’-«-. S, ' Urd ' lh ' 1 lh "» ■aw, PAMU,Lm sa&’a£ar KTOIDIO a?. Atlaxta. OAra March ?8,1*71. ubeat ruMT|)8 of th * TAMM \ v I Am •y i f ApriL prox- NOTICE. ' 1 »“*n. 1’t* A 1*1 will pteara cati on m- rad If. i-t-rson. hsvinr fi lm. Bl " teem » 1 tb 2“!e,i f they elect so to do. lion editors who''nifila’urtua du‘^ jc d tcm.ntit in fi. fa. obtained p°s- upon tee credit of it ' - *- ,r the _ goods under suih ctrcum- iitical■; purposes. Tljc te.:,ioii K v,ius unuer rata ctrcum. littcai ; purposes. Tlic etn-rinn trauo stanci-s, acd adds Jbent to a stock of giwds over, tbo purprsi fur iw'-ich encl> - nttariS the l't-n of the mortgage were made is not iikelv in inspire them any suit of the deetioahasgfveu us n Dporicratic LcgiN,aiun*, but I nra jqdhc c .-ufl ;<-nl iha: atlonhaving passed frq.u' themurtga^'eVo •fg«Ccd st 8. The verdict iu this: case is not contrary the^mortgagor at the tiine of such addition discredit nor barm uTaTnTbo Siale-"'iC ma to the mortgaged .took, jority of tUe tntnila'rs men who are opp-ired to Jny further resistance to the laws of Congress or to the coustiiu- tionai amendments, ttuj who vi.l hold ia check the cltortsof tl;o,e who mav tw readv under the instigation of Ttaimbs trad Sicp’j- to law, evidence, or the weight of evidence. Judgment affirmed L. J. Gartreii, Henry Jackson & Bro., for plaintiff in error. HiliyerA Bro., contra. OUR \YAsUlhUtO.N LB ITER Tbd Political situation— Blgby’s Speech tor Atlanta-1 tern,. Oregon, and perhaps Kansas,North Carolina, Arkansas and Texas.’’ Ttiii, however, is altogether too sweeping an assertion. Kans-s wdt go for Grant, Sure, and tee result in Texas can hardly be affect ed one way tr the pther by disaffection in the Radical ranks cl-ewhtre. ft is evident, liowevt r, that Grant has sitrceedod in aliena ting some of the ablest an 1 nn-.t influential leaders of tiie Republican parly, aud it is quite certain that he will have cause to rue it There is a formidable erg noted movement agaiust him iu JIUsuuri. able to carry that State by an immense majority. There are similar movements already inaugurated in Kansas, Louisiana, North Carolina, Tennes see, lows, Illinois, Arkansas, Pennsylvania, New York and other States, with a perfect certainty that otiicrs will follow. AU that is necessary for Democrats to do at this juncture, is to leave the Radical party to itself. It is tumbling to pieces rapidly enough, and outside interference could not accelerate its downfall, and might give it n fresh lease of life. We jjave only to waick and wait ATLANTA'S CLAIMS. of revolu ens, to advocate tiie commissi tionary acts. I urn grateful to know Umt Ibc opinion of tho acting Attorney General 1ms the de sired effect Judge LocIintM* luts *l««v hern appointed Chief Justice «>f «»»»r Scproiut Court* to fill temporarily the vacar cv raumd by the rofii rnaiion of <ft.»vi ru.»r lint -1». Judge l.ochrane is on? of our fir t lawyer, and has a large and valuahle pracilre, but, as, a personal and official favor to me, has erna Sented tq get temporarily ns Attori-ey Gen *** *’ sjunc manner wiuiyohe PrJ, and will ia llsu same manner w-unt p *siti*>n of Chief Jtfefjoe. ^ IT f In regard to tiie case of James, ft is not po^iom for me to control his anxiety to re alize upon his b ;nds. Mr. Kimball, however, will not press bis for sale. I would, there fore, suggest that you let James’ binds be sold, and buy them for yotir house, so that ib.y may be within your conirol, and while I lmvc no authority to authorize you to buy them on State account. I will try r.u ! see to it that sufficient coltaicral remains wiih vou to justify you in making this purchase, nndhold them during sucli lime as iu vour j nlgment may be necessary to prevent it from .-.lIVLing unfavorably tbe price of our bond-, on the board. I am very respectfully and truly y ura. Rcfcs U. Bui.lock. p*-r C. ,, „ January r. 1871. Jlfasrs. Ucnry Clew efi Co., No.Zi WaUitreet Neio York City • Ukxtlkmen -* * * * * * aon.O. A. Lochraue, who acting a-% .Attor ney General pro tern., gave the opinion which transmitted to you, has since l*een ap pointed Chief Justice of the Supreme Court nr nnr Kloin nnd :r —... Ho It It RAD WAV’S READY RELIEF CUKES THU w Rsr PAINS. IH FROM ONE TO T ENT* MINUTES. WOT OWE HOUR after reading till idventerrtent sort any ons bLTKElt WITH PAIN. It was the first and is ^ ho ° 1,1 -V Putu Remedy Wte arid Biwmm. I C“,'“ Congrinoig* whe!iu* U if Eiw,rd r. bum, N. Y., cr Wahon A Co., Iud AnauMi»*, l n H. 4^-e-t hr v-orthleta ■rank RADWAY’S READY RELIEF - - - knranb’lui. Cslimlr Welt.’ C.r-1 , WILL AFFORD INSTANT K.av • KKU 1 J?* B-*. JOHN q. Inftinun.tlou ot theKMatn. K ^;„l 1 r ^™ror lb 'U.n. lueaimulono[ the Btslder, fl, WOULD I WERE A CHILD AGAIN! So " T1 ™ 1 *’ -rar}- »nd .whautrt on. « the Unraor “riterlo. Croup, DIphtheJi PlUU0!1 U UtKt - aDd la-t.tTiio of eprin/cotccs upou him Come and I t> a w m CatArrh. Tn qn-ire vigor and ewength from Jio wonderful Scnth U “ d * cie - To^hsete. „ NeSirilluSSulrai. An!erira.W !, “* U “ B *‘ JUEUBE14. noraiu^S’iCi ZSSHrSL ** » f«w Long rad nxeMfafc used In Its niltvc country as a I Cw "l*. tk«ma Bonr StomschTiiiiit Wafnl Ionic, «udPatent Pnrlf»«rof the Bi35;it *>lnrrhcj, I) i. r,nU(lctcj t».XO.IV theuUetp.t'ons fonndrton I W «2?J2**1 lntenul' ‘l.irei rrpuistiou AceordlngttTtol^iirtlraf'ind I W m’, c * rr T ’ K odlctli of Loud- u aud I’lrli. ltno*. I Ready Belief vltaU iTrmrKwrisToMc? SSLSSTkiSS I &55» »»“«?«« *»cknJSS to AIatuua -Me:hca. UR. WELLS’EXTRACT OFJURCBEBA TSnKST 7 ’ — a bolt la of Ua4« 9 stimulant. FFeVBlt AND AGUE. ORQXNS. " * ***»-—UIUilABT J Ll*r. Fifty cuilapcrboula It i$ MrmgthcnlnjE and nourUbln?. Like nutrldou* f«>od Uk.n Into tuc itomach, itatvfmilulcs und dif- jjjjjg***** thronjia ihecirculation, vl^r and lt malalei tbe bowel*, quiet* the nerve*, acta di rectly on ihe sectCilvc onau* and. bv It* nowerftii Tonic and reatorlng SST^SiJS, hUS^rt v'g -rou* action to tbe who!e inlew 7 v JOHN Q. KELLOGG, 18 Hatt et. New York, _ 8ole Ag-nt for the Uul:ed State*. Price. One Dollar per Lottie. Srnd fo-t^rcabwT HEALTH! BEAUTY!! saastasssaae Tm S-, X>x*. TLttdway’s Snr-sapnrlllfnix Koaolvcut the iaflncnco Of UflTTraly wLdgSPS^!? GOLDEN HILL SHIRT. KVfittE AND or t|.„ G- Id. n Hit'. If he ta. not cot I „ Kt "T Arop of tta 8S6PARILLIAN RESOLVEST it, he mn git it f.»r j mnj?aitf.’rypu, if be will not, ^«>d, Swtni, itSVmJ ... jus*? o •“ tana f-r curator xtrieg M p^Ucn-1 XIENTtr C. BLVt KMAIt, I “”*L Ko< t? i« tta Gi.nde and other plri. of'it? IU7Bro*dw.*, New Yurie, j long SetaKyes, Stranorocadlartafve. tmy, it. srJjT tonjner and M rafectio-er ofSen'r o'1 - s * im " r nruisiilu^Goods toe the itadc. I ‘ ew f 8 »°y w ' Scald IT = polnfnl dlsetaraea hi**, b.oitgLtl “»^ Sd UVMDIMAn and | retort * 0 ® it rut eltbet potent powers u> cure i* or 5km uiscaaee. KrunU^Z SftSfry?ML® of our Stale, and if it is necessary ibis fact may be made known to give further weight to his opinion. Very respectfully, Rufus B. Bcllcck, per C. HYMENEAL. HUTCHINSON—ZELLNER.—Married at Flat Shoftl*’ Mcrri wether crauty, on the 12th m«Unt br Bov. II. M. Ill^inbotha n. J. N. Hutchiaijo.i, Esq., of llogansrille and Mrs. C. Ze'.lner, of Flu Shoal*, daughter pf Colonel G. W. Head. DR. PRICE’S SPECIAL FLAVORINGS. Th-.- rjieecU of Mr. Rigby in tee House on Situr lay last wns more creditable to him than tbe previous oratorical effort referred to in this correspondence, in which be defended and eulogised Utfiiock and the rest of the carpet-hag ring which infested Georgia. On Saturday he advocated, to the exu-nt of a column and a half of the Globe, an appro priation for a public building at Atlanta for tlic us - of tee United Slates court, custom house, post office, and internal revenue offices. He gave official figures showing tec amount of postal business done, a statement of tbe internal revenue receipts, and referred to tee ■ales of merchandise, of stock, tec produc tion of the large manufacturing establish ments, and tee amount of cotton receipts. He then made an exhibit of tee growth of Atlanta, and of ill present population, aud importance as the Capital of tee State. He also called attention to tee fact teat the city has tendered to tbe Government real estate to the value of $50,660, on which to erect the proposed building. In conclusion Mr. Bigby said that Atlanta needs to be made a port of entry, and wants a Custom House, and urged the importance of providing a proper struc ture for the use of tho courts and govern ment offices. I days'aaewUlpcova to any Indict ottou prevail Ep£y£y“M£ 1 - ritcr. It Uu> anecoada IB a-rerun* mm waam.L*SSr^ 'B'Znlotcd In Us oo- «mrwltanaw materiel made fruo hrellhv btuoil- fitm, bori-h is almost I art lit. the h.UlaAPAIUUJAN wiUrai drara inToriaCljsecured. Iu I csre-« care is certain; for when a scE£t°tn Uis'^Uto I dta »A'SHVs', Uoonsche, Cot-1 "M'U “4 every day the mUent wla reel ■ repairs wLI 1, Not only do* m.a„ *« . E ‘ NT «trel all known remedial a««L- , n me *j 22ftJK7SiS?!LS»!222^- “4 akStol hrtta, palpitation ot *“«•: bat it Is the OBtyposUlvec of spwu, t 0 r'the-bira Klduey aud Utuddcr Cm plaints art a hand red' other I Onnwy. art Worebdiseases Ontvel. Diabetes. Drop- . Altantianrts, sad U sb ta™ IB Uic nest remedy ttai I tbsrs anbric<.diutdepo.Us, or Ub truer is thick. , hupvi-rhrtt« -4i.L I rlfinrtr. nltnl niih mfUtuinaa iiv. it.. ^ ui.- VANILLA, LEMON Etc., For Flavoring Ice Cream, Cakes & Pcstry. THOMPSON, STEELE A-PRICE Jj’F’G CO Depots* Chicago and St. Loob, DE. PEICE'S CEEAM BAKING POWDER *KD BLOOD EN'R’CHER. CHIEV JUSTICE CHASE has been to New York, and it is arid bis mis sion was to urge on Mr. Belmont the calling of a National Democratic Convention. THE JAPS. Tbe Rev. J. P. Newman has been invited by Minister De Dug to explain to our Japan ese visitors tee religious institutions of tee United States, and to expound to teem tee difference between tee doctrines of Jesus Christ and the dogmas of Confucius. How tee poor fellows will be bored. Toioct Hauck. Printup & Fouche, Underwood & Rowell, for plaintiff in ereor. tyjeny Whalen, an Irishman and good- hearted fellow, was a sergeant in the Seventh New York State Volunteers, and always ready to lighten tee load of a weary comrade by carrying a haversack for a while. One warm day, during a march on tee Peninsula, well loaded, and wishing to see bow d nature would go, asked him to carry bis ersack a while. Jerry assented, and ad it to hjs pack. Soon another officer le a fHWlar request Jerry consented. By-nud-byjfe word, “Halt—-restr was heard, and fdrKWjkiriutes tee men leaned against tee fence, letting the weight of their knap sacks rest on the top rail. While thus stand ing, another officer strolled along, and seeing Jerry so heavily laden, said, “Sergeant you havetheloadof a donkey there;” “Yes,sir,” replied Jeny, touching his cap, “I have the load of two of thernr THE GREAT RECUPERATOR OF EXHAUSTED ENERGIES. The most reliable Blood Purifier. The sure Repairer or Broken Health. The true XerTO Supporter. The Permanent-Strength Eenewer. The most Energetic Tonic. Iu all cases of Dobility, Poor Blood. Weak Nerves, Disordered Digestion, it surely and durably benefits. Sold by all Druggists, or He Ifamifadurcrt on the receipt of $6, util send, by Express, 6 Bo tiles, which is sufficient for 3 or 4 months. Prepared only at tbe Laboratory of Thompsos, Steele & Fries Seif’s Go, KAXurteteszas or DR. PRICES CRUM BAKING POWDER. Special rtavoriafs for Ire Crtssi. Cakes A Paltry. 247 sri its r.tTT. stiht, • eszcAts:, ill. 877 8ZCC39 STSXX7, - - • ST.LOtrS.kl has evtr been diBcovri. I dnndy, mixed wtlb satataras lilts tbs wblia of an ' Jd for Uh-m oiloran. | 'ftty«£.thread* lilts waits silk, or tbsre is a morbid, T * -**- - * “ — 1 xr - t hlHfinw aiaibsmii . art _*.«»_ * — a a _ ”* aEflULATOBlSsasg SgHHSjSS ^ tKWUid, and can do eo —* , “ c — mjary la . ay quati. | Uc* u*ai it guy ie kun. Ittshermle** la every w*y; it hu becnased .'w forty rear*, and handled* °f,, ui<s *«»<• «od great from ail piarta ot the eonnlry ^»uch foriu vij> taea* via: Hoa. AlO’-aadcr H. Stcphcz*. of Georgia. I’ieh' j; Fierce, of Georgia. msa Price *1 Per Bottle, 9M. RAD WAY’S Perfect Purgative Pllle, Pwfsclly tastdeas, slegsnUy costed ttitb rant Jeo. tllll t : l-oft-r, <x Governor ot Aiahtats. Oca. John B. Gorton. R. I.. M«Ut, of Cohunbaa, Ga. tli* hnndrctls of whom we can ref« 123: air* of all dl order* of the 8tom- I eases. Headache, C J . fl. ZEI.en A CO., _ I ^rtTV^o^coulalrti* a; nmniy. minaret re POU SAliK BY AIT, mflti’ritlsft? ressltlnc Conflict 11 on. Inward File*. Feline** of the Blood 1* the Heed, Acidity of the Slomica, >iu^m, Heart- VALUABLE HILL PBOPEETV HALE. a lew uoewofttAlTvvlrs PILLS will fret the C tayy,— ., . . .. I *y*te*a from all the above named dltorder*. Price M NDERand !a Mraaoes or ai order granted by I cetiut per box. SOLD BY DRUGGISTS t^eSipcilorCoartof Gordon county on an ap-1 READ “FALK SU TRUK.” Send one letter- t’licatlon fur parti Hon, will be eoM at public oat cry I gtamp to RADWAY A CO.. No 87 MeldM fTS before ‘aha Coni tUoasedor-r m Celboan, on the firtt I New York. Information worth LhonMnd*wU?b!^t Tae^Uyft- ily .ext.wiUiln .hel^al hoar, of e^e | JS. ^onnaaonwormiaon*^d*wm^yi SPECTACLES will _ ft y • r _ the vslaab’e mil! property on Ovtrcalogacreek, abont I onemfUa-nuhwestof Celhonn, n.owu a*tbe oou-1 MONEY CANNOT BUY IT! cil jr$ XLK 8 Id propf rty r. nsietN of about fortr I 1 1 T * * * SSdwlSSrrawretbSSLTrt'“’uES'SSX l^ASSnriSPKICBLBSit Bsttb.DIAMOIfO Weptera and Atlaiitis.rnd helaia, Rowe and Dalton I X FelirwuL and la surrounded by u fertile and produc- I tive Uuda as can be round In the State. The water I power is ample f< r ex’ei.eive machinery, and ao aim-1 atod that It can be easily brought Into full uaecndeB-1 joymt nt It la seldom that poverty ro wen adapted I *4 thi* to; milling and manufacturing purpoeesl* offer-1 ed for sale. I Sold for psrtltlos. TotucmK I If jo« va'ns yosr EymlRM ore th, Paifset Lsraa L. R. RAMSOUR, I UrooD . i . f [® aC * T *i^, Pcbbl % mcJU,d togeth- W. A. J. ROBERTSON, I & a»d derive their amae Diamond * o*_ aoooaiit of Commlulooue and Superintendents of 8al& marl6-du&4bwt«L change, sad mMMHHBHP ;llo«breslsra..Mra»fytoredbvJ. g. Bpracor ACo. OpUclaiis, New zone. Caution—None genuine nnlnaa OLIVER DITSON A CO.’81 Btondatd nuelcal Works. CHEAP! UNEXCELLED!! Bremlfu! Oettro Edition of Oratorire sod Ctntalta. I fj5 i-'list Prize Medals Awarded SSfrt: * SSSyLS®:-^ \l\ Iatlc! in Ecypt 60j.\s the Hart pant* I Jadtfi Macctbjs'js... r.0. i42dPo.) 331 p. . «. STirti.:: , 1 v SonthemPiano Eli j*h 1 Ninety-K»^hth*P»»!m 75 I </j| Athalis 1 «0 Woman of ,'amaria.. 1 to I MANUFACTORY. SUbat Mater <6|l!car my Prayer W I Oratorio Choruses (span’s. < eta, re. so eti per doz. WM. KNABE & CIO Itamllfat Octavo Eol: oa of Xa-acs. ” i x -rZ-LJXJ IX BstLo so-.X .-tDC* m H^S«| piANO fortes, j Go•Jnod'l•Ma-•»^ no! In I aid diffatun. U purest But, _ . i breed, ok«*, pmetry, not i (sweet) aod li^it, bat wholesome and _ Use it; prortOr,1f not a* recommended, w» forfeit rj^bt wfettMia JST*Many worth ier. ebxap imitatfoea. Besom yon get J>r. Price’s “ ~ "* * “ ** 3fOoef*. Ksnobe- ■ .JBHUmS , CbMfo and SL Louis. MiHkodAvU rt».fi Unttsaoea, Besom S3S B*UngJ*v*r.„gtidfe Mrvse Bo- o«*Ile !IsYdn*«3d 5!a*4 41 IItydu*« «*t, f 1. y,\. 4 h. 7'h a id Stn Masses, r*;b... Hayrfn’e luh Mass.. 1 ( D Monti's Mtu ... 1 M ean's 1st Mam.. c M’Mttrt's 13th lli’ii.. e. Mozart’* 13th tRe- quemMaM &. Complete Oorni Full VocjiI Score, Inc'nding Re. , ^aBgga» > gr g __ _ riaare, Norma. Ern nt, trtt-s-f Ma-ataP. 15 I Hanafactaren of Grand, Sqaare and Upright BAX.TI3XOKE, HD. ” . J. I rpiIESE tatramrala tava bee. before tb« PaWte i. | L fornairixTbir-y Vrere, and ano. Urir sirel- lenosalone attaint and fiiriiriiA imd n a min _j which pronounce tt-em nnrcu*J«l in TONE, TOUCH. WORKMANSHIP and DURABILITY. . oar sprang rtxNOS tastag on TCew totjvjrt OraaaraCTs 8ctr.r rad tta AGKAFKB ln > u?f.'y 3n at I srerald call jpactal atlrerio. re tn U-. hrVr tta Plano nearer PcrfsCon than baTysl 1taS < >uthar:l*« M t-*- in F ral^7f PtaS^'So^'SS^’ I SnT7 PUm Warranted for firs Tear* rajgri.arrangmret. TH. nmiiaal, Wacriniaif Flrere. IToctore, rrovatore, trn Dltrolo, Locret a Bor.ta, •a* Tha abort can be had or any Marie Pcakr, or .-.. C. n. DITSON i CO., 7-1 liroicwar, N. V. marehda—WcdAvatdAwly PAKLOft rmOAK* rai MELODSUNS !S tbe moet cri^hreted ta^Vere. Wbodjau axd Rk- Tail AT LOWEST FACTORY PRICES. Dli-y-i t t-Utataignce aa: Price Lists promptly fnznlibol •••• »«San to WM. KNABE k CO.. Baltimore, Md., Or to PHILLIPS, CREW A FREYEl£, Sole Ageata, Atkata.«k o:t2i*4Aweod60 \ lit: I INDISTINCT PKINT