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onslitution. Trrms of Snbici Iptl-n : weekly oojmrrcnosi per mu P « AU retocrlptlol". tre payable MiieUr la ednace eod. elTOemrptnxje of the Use for wUck pajaieot ■ oak aalerr prertoaely reeiwid, the on* of tbe ratecrtker will be eerleken IM oar book*. per Claw of Tea |IS 00, aod a copy of tbe paper ■eat free to the rr'trr-ep. ATLANTA, GA., TUESDAY MAY fo.1872 The Orffelev Ticket. TW end Drown nominal rr»r-»tinp’* liv.-Sy riiwusrinn *11 oxer t Vy. TUe omm-llls nf 8 mt -cm prew* ‘T'fe 3 THE WEEKLY CONSTITUTION. VOLUME V.l DUC lilOSS ATLANTA, GEORGIA, TUESDAY. MAY 14. 1872. INUMBER 6 »5Tjr«f « r i'*'* r < cH : N” rili in4 W<«r. T!i«*nt>nt:tniu*n h*sfak**i n .!«* j» !.«»!• 1 n'rofiff mv»y «>f b./b parlies, Dsm cr itic mH R^puWicm We !»*vl a private letter yesterday from Whitfield c-rarity from ft gentleman who bad taken l!te trouble to cant am the sentiment of the l*adinf ra«m; oik! be writes That the Democrat* there gmerol’y arc for the Greeley ticket The New York Herald, whose policy is to be on the winning *Ulo always, m an nnfaii- ir»f weathercock of popular sentiment, *;><*-< 11 of Greeluy’s el -ration to tbe Pr**si- de.icy im beii'j? ” a possible if not a proliable event,” and winds np with the pledge that if Greeley **«Toid» certain fallacies that have emharr u*c«l ihe u-'tfulncss of bis career” it will support him. The Mobile Itefister, a very ultra Demo cratic paper, tbn-* speaks: *• VVe lr*.re all along 1- c’ared otr belief that the Cincinnati Convention w»»uh! he a dtgni- fi—«• and flisere'-t body; for npot» rich di«cre- Jion and lihjtiiv in no sm*!l degree rested its Influence upo.i tii«* voter* of the country The convention lets n»cl and noted, and we see no renom to rnrr-.-t oqr pronh'ry in any rnwl. <*' injured with ! ite U?j oblicnn cmvrenM' n*-, Stre and National, ilic Cincinnati meeting Inn the divrriiy of a IVin.n Senate; ami its discretion baa probably l»een sorely irb-d and fully proven by the abandonment of *<*c- lional fav-uitrs and the earlv com bination ujern the mos l available man.” The opponent-* of Greeley are try inf to k II him OMt with ridicule. One cause off trouble seem*' to be that a straight out Inrg-rin is Mid to hive been made bcwrvw Greeley's friends and Graz Brown, by which Brown renirtd Greeley’s and his own noudnatloii. The Cincinnati Commer cial li da remarkable leader the very morn- inf of the day of nomination, predicting the movement that resulted in Greeley and Brown’s success, and warning tbe Trumbull men that they must unite with Adams to de feat ik The Western papers are full of this •Urged plot, and it seems to hsvo alienated some of tbe friends of Greeley^and Brown. One of tbe most curious features of tbe discussion is tbe diversity of Democratic sentiment about the various candidates for the nomination. Some journals favored Da vis, who decided to sustain tbe If iseouri test oath and to a Republican office bolder, and condemned Adams and Greeley, and Tram- bull, who are not a bit worse than Davis. Others indorsed / dams, while condemning Trumbull. And so it has run. Democrats differing as to who of those Liberal anti- Grant Republicans were orthodox enough on constitutional government to give Democratic support to in certain contingencies. And we sea that extreme men appear to have been aliout as ready to unite on some certain Re publican, who happened to please them, as the more moderate. We have not baen disposed to make classes among the Liberal Republicans. Like Mr Stephens, we bailed all men as allies who are against-the heresies of centralism and for a constitutional government, without regard to their antecedents. We only require them to be honest It to lie present purpose to which we look. Greeley to less objectionable than Grant, but not so desirable as a pure Democrat Ik tween Greeley and Grant we wool! advo cate Greeley all tbe time, particularly on a platform asserting tbe integrity of tbe Con stitution. If tbe election of a Democrat to possible we want him. If it Isn’t we think Greeley is beyond all comparison preferable to Ulyrses. We had better think a little before deciding the plan for the Democracy. The Cw*s of Clothing. The speech of Hon. James II. Slater, of Oregon, delivered in the House, contains the billowing interesting table, which shows that the actual customs tax on forty-six dollars worth of clothing is something over twenty- three dollars: tVetof cost of wool cloth ready made fit 00 Doty S3 j**r cent 4 IS Coot without doty 7 84 Fair of woolen pan a ready mad- C 00 Doty 53 per caw . 314 Coat without doty 3 93 Knit drawer* at d undershirt of wool. 3 OS DatySISSper cent 140 Coat without daty 1 GO Tool hat am Daly SI 3-8 per cent ... 1 15 CM without duty 1 85 Vr«’ of wool cloth 4 00 Duty 53 per cent. 1 39 Coat without dnty rent - -- Duty I Coot without dot- Coat without dnty Twmt* yard* of calico at 15 cants Duty S'per rent. Cost without duty Tan yards delaine* at S5 cento Du y S3 per cent Coat wirhou* duty One pair t n pound all-wool blanket*.. Duty luljtf per cent Co-t without dnty Twenty yards cwnn n wool carpet— Daty taper cent.... ••••• Cast without duty Total coat Total daty liPIlBUK O'CUT OF GEORGIA. portion «f wnr j De’ 9,red at Atlanta Tuesday, May 7, 1872 •w-rday. The di- *xcTrMWLv vox tut. atlant* coxsti II i* equally wide toy ion, by r.gxxr r*rx«oir, nmn COCKT acrorrBR.1 Total cost without duty 46 97* This table merits public attention, and to most respectfully submitted to tbs gentlemen now engaged in instructing Congressmen in rslation tv tariff matters. The total number of polls reported in 1871 was 165.316, of which 98,157 arc wh tc and 67,159 colored. Chatham county leads with 4,761; white 3,239. Fulton, 2,6 9; white, 3,318. Hous ton, 24128; white only 796. Richmond 2.604; white, 1,985. Washington, 2,3$4 white, 1,203. The smallest to Colqnilt, 806. The professional men number 2,333; den tists, 111; auctioneers, 28; dagnerrian ar tists, 50; ten pin alleys, 7; billiard tables, 124; blind folks, 114; deaf, 61; dumb, 71. Fulton leads in professional men, having 143; Chatham. 86; Bibb, 61; Richmond, 68; Muscogee, 59; Troup. 48. The net tax paid in by Chatham was $$2, 829 67; Richmond, $50,527 S3; Bibb. $28,- 799 12; Muscogee, $28,174 78; Fulton, $45,- 363 68. The smallest amount paid in was $572 by Rabun county. The Clerk hire of the Legislature was $8,169. We shall continue oar quotation of sta- Ji»bn Thompson vs. Thomas J Heard Gar nishment, from Elbert. WARNER, C. J., In this case. Heard was served with a sum mons of garnishment at the instance of Thompson, a creditor of Frchesscr, requir ing him to answer what he was indebted to Fi*chesser, or what clL-cts he hid in hi* hands belongmg to him. Heard, the nishee, answered that he had in his hands five hundred dollars in gold which was placed in his hands to indemnify him against any haui or damage he m’ght a attain in going the security of Fischesser in a br*il case at the instacce of Thomson against Fischesser; that, l»efore he was exonerated and relieved from bis anratyfchlp, he was served with the summons of garnishment; that, since the vice of the garni'ibi»*-ut y he had lieeu sued by one Margaret Flschcsser for the said five hundred dollars in gold, wlrch she claims to be her property, which suit is now pending in Elbert Superior Court; that the bail proce s against Findiewerurn) 1*-«m .iisini**ed. Upon tlih nn-wer of the gumi U^e, Hit* ’ mov d the court 10 t-mr up the five hundred dollar* in j- Id, which mo tion was r.-fusal, and the p'ainriff r\< epted. The aarn -hee does not a lm t in Ms answer that he f, i i<kb!**d to r'iichcwsfr. or that he hud any ».ff c - in his hand* :-» longmg to him, bjf states im; fuel that the money was placed in his h>in «is to indemnify him as security for Fidchtxscr on his bail l>ond without, stating who placed die money in his hands. In our judgment, it was not error in the •o’trt below, in reusing U» order a judgment to be entered against the garnishee on the statement of facts contained in his answer. If tlie plaintiff bad tiiougiit proper to do so, he could hare ’ravt-rsed the answer of the g rniebec and have tdiown that the money in his hands was the property of Fischesser. L‘ t the judgment of the court below be affirmed. Robert Toomlta for plaintiff in error. J. D. Mathews, co>U a. John B. Latimer v«. S. A. Lane. Equity, from IIuncock. WARNER, C. J. This was an action brought by the plaintiff against the defendant to recover the sum of $3,125 <K) for five hundred acres of land known as the Tye place, the plaintiff alleging that the defendant fraudulently represented to him that he bad the title to said land, that the plaintiff on the 14th day of January, 1808, paid to the defendant tbe said sum of $ \125 Oo for the land, and that the defendant bound himself to maka a title thereto within a reasonable time, which he has failed to do, that at tbe time of making the contract the defendant did not have the title to the land, and this suit was brought to recover from ths defendant the money paid by the plaintiff therefor. On a former trial of this case in the court below, the defendant plead that the con tract for the sale of the lend had been re scinded by the fraudulent conduct of ths plaintiff, and tlie jury found a verdict under the charge of the court for the defendant The case was broucht before this court and the judgment of the court Mow was reversed for error in the charge of the court to the jury, and a new trial ordered, this court hold ing, and deciding, that the defendant could not claim ihat the contract fortbssale of the land had been rescinded by the fraudulent conduct of the plaintiff, and at tSic same time letain the purchase money paid him by the plaintiff therefor. When the case was remanded hack to the court below for a new trial the defendant withdrew his plea of a recisionof the contract for the sale of the land, on the ground of the fraudulent repre sentations of the plaintiff, and filed a new plea, in which he affirmed the contract for the sale of the laud, but alleges that the plaintiff made an jigreement, which is special ly set forth in the p!ea, by which he agreed to do certain things on his part to enable the defendant to procure the title to the land, so as to enable him to convey the title thereto to the plaintiff, and that this was part and parcel of one and the same contract, and that by reason of tbe plaintiff failing to per form his part contract, he has lx-cn damaged to the amount for which the phiinliff has sued him, and claims the rieht to recoup the same amount by way of damages from the plaintiff for the breach of the contract on liis part, and to set off the damages sustained by him against the plaintiff’s demands. To this plea of the defendant the plaintiff demurred generally. The court sustained the demurrer, and ordered the plea to be stricken, where upon tbs defendant excepted. The argu ment before this court in favor of the judg ment of tlis court Velow to that the plea con tained bo new facts that were not adjudica ted when the case was before this court at the former; that the de- defendant’s defense, as now set forth in his p)c\ is sulisian'ially the same now as it was then. We do not thinic so. The point in the case as madehy the defend ant’s plea on tbe former lie iring before this court, was whether the defendant could claim to have the contract for the sale of the land rescinded on the ground of the plsintifl’s fraud, and at the tame time claim to retain the money, which he had received for the land. The plea now before the court does not seek to rescind the contract on the ground of fraud, but on the contrary affirms it, and seeks to recoup and set off the damages which the defendunt has sustained in conse quence of the breach of that contract on the part of the plnistilf. Recoupment is a right of the defendant to have a real action from the amount of the plaintiff’s damages for the rea son that the plaintiff has not complied with the cross obligations, or independent covenants, arising under the same contract, and includes all mutual debts, and liabilities Recoupment may be pleads in all actions ex-conUr'tftu where from any reason the plaintiff, under the same contract, is in good conscience liable to the defendant. Code 28%8,2*59,2861. In our judgment, the court below erred in sustaining the demurrer to the defendant’s plea. If the Act of 1379, requir ing an affidavit that all legal taxes had been paid is a valid law, still, this case was not within the provisions of that Act. Let the judgment of the court below be reversed. Linton Stephens, Georgs F. Pierce, for plaintiffin error. R. Toombs, C. W. DuBose, contra. Mary A. Mosely, Administratrix vs. William Hogg. Complaint and non suit, from Pike. What Good Roads Do.—An exchange tralv says: “ Good roads benefit every one residing along their course. Good roads save horse flesh, they facilitate the transportation of the produce to market, they save your temper, they increase the value of lands, they lend attractiveness to the eye of a stranger, they increase the traffic and bu mess of a town by its vitality in all branches of traffic. Show us a town which receives a large coun try trade by means of the fine roads leading to it, and we will show you a place that to lively, pro-ireAsiv** and thrifty, with money circula ting in plenty, and men in all branches of in dustry bu*y as teavera WARNER, C.J. This was an action brought by the plain tiff against the defendant on a promissory note, dated 12th November, 1861. The de fendant plead to the..action,-^and alleged in his plea, that the note was given for the hire • x f a negro slave named George, belonging to one Newman, who was hired to work in a blacksmith's shop, and that the consideration of the note was given for the services said negro, and that since tbe note was given, the collection of sudi claims has been declared to contravene the policy of the law; wherefore he asks that said suit be dismissed. The plaintiff de murred to the defendant's plea on the ground that the 17th section of the 5th article of the Constitution of this State, adopted in 186S, which denies jurisdiction to the courts of this State of the plaintiff’s dem Jid, is in vio lation of the 10;li section of the 1st article of the Constitution of the United States, and is void—which demurrer was overruled by the court, and the plaintiff excepted. The plaintiffs counsel admitted that under the evidence offered at thetria that the consider ation of the note was for the hire of a slave. The defendant then moved the court to dis miss the plaintiff's action, on the ground that the court had no jurisdiction of the case, which motion was granted by the court, and the plaintiff excepted. The 17th section of the 5th article of the Constitution of 1868, declares that “No court or officer shall have, nor shall the General Assembly give jurisdiction or au thority to try, or give judgment on, or enforce any debt the consideration of which was a slave or slaves, or the hire thereof.” By the 10th McCAY, J., concurring. I c-our-ir in the judgment of reverail on tbs sole rr.v-v \ i:,*i the Supreme Court of tb Unit d rilntcm having decided in the case < Wbi " vs Hurt, that tbe !7*b section a r tic:I 5th of t »e Constitution of J863. is void ths court is bound to conform its judgment with decision and judgment of the appellate tribu nal having jurisdiction of the question. Mo itgomerv, J., having come upon tin bench since this case w«u argued, delivere rs opinion. D B. Cade vs. Abram Burton. Equity, from L.b-ru McCAY, J. In an action for false representation by which the plaintiff was damaged, if the rep resentation be by deed, so that the defendant is estopj»ed from denying the fact, he may yet show that the plain tiff knew the truth for the purpose of fixing a time when the right of action accrued, and tha statute of limitations commenced running against tbe plaintiff’s claim, it appearing that the p'ain- tiff was seeking to avoid tbe statntory bar, by showing that be had not discovered the fraud until long after the same was com- mi’ted. Judgment affirmed. Robert Toombs, for plaintiff in error. J. D. Mwthews, contra. Ar n E. TTohbs vs. M M. Cody, guardian. Appeal fio.n Court of Ordinary, from War ren. McCAY, J. Any nnriy at interest who is dissatisfied wl;n a judgment of the Ordinary may ap- p'v.l to tbe 8up**rior Court on payment of costs and giving security for future costs ax- rpt in a case involving the removal of an ad- nrniatrator etc, and tbit right of appeal on ihe terms indicated extends also to cases where the Ordinary has given judgment for mousy again*t an administrator, or guar dian under a citation for a settlement as pro vided by section 1830 cf the Revised Code. The Act of 16th March, 1869, requiring all canoes of action accruing before lstof Jane, 1865, lo be sued by the 1st of January, 1870, docs not apply to a suit by a ward against his guardian to compel an accoun’, if the ward did not come of age until after June, 1865, since the cau^e of action—the refusal of the guardian to account—did not accrue until the ward came of age. Judgment reversed. E. H. Pottle, for plaintiff in error. A. S. Morgan, R. Toombs, contra. Richard H. Sims rs, John O. Ferrill, admin istrator. Bill to cancel a deed and for re lief, from Spalding. MONTGOMERY, J. 1. When a bill charges that complainant was induced to sell land to defendant by representations of the latter that the title was defective, and the defendant is also charged as stauding ia a fiduciary- character to complainant, and that complainant would not have sold but for such representations, which were not true, it is not error to allow complainant to prove her conversations be fore the representations made to her, with a third person, in which she said she had no desire to seli, for the purpose of showing the state of her mind as to her willingness or un willingness to sell before the representations were made, especially when defendant al leges she was always willing to sell, inde pendently of any representations mode by him to her. 2. If one of tbe counsel makes marginal marks on a paper which goes out with the jury to direct himself in argument, it is no error in the court lo refuse to compel him to rub them out before the paper goes to the jury—it not appearing that those marks con veyed any idea affecting the meri:s of the case. 3. Where an answer in equity is waived, the answer is not evidence agaiost the allegations in the bill. Any admissions, however, made in the answer, stand upon the ssme footing with any other admiasior.s of defendant and may be relied on by complainant as ev dence of the facts admitted. Tha whole answer being before the jury, and the admissions be ing subject to such qualifications as may be gathered from other facts of the answer; but the jury are not bound to believe the qualiff- cat on*. 4. A sale of laud of a testator, or intestate by the executor or administrator in the man ner prescribed by law, where the estate is in solvent, divests the liens of judgments ob tained in the life time of the testator or in testate, and the creditor must look to tbe pro ceeds in the hands of the representative of the estate. 5. Trust and confidence reposed in a brother-in-law by liis widowed sister-in-law requires the utmost.j'ood faith and fair deal ing in any contract of sale between them. A misrepresentation of the law by the brother- in-law to his sis er-in-law, whereby she is led to believe her title to property held by her is invalid, and on this account sha sells it to him. which sale is much to his advantage, vitiates tbe sale at her election, even though such misrepresentation was made in good faith. 6. Where, tinder the foregoing’relations of trust and confidence, a sale is effected between the parties during the v/ar for Confederate money, which is to be paid in cash, and the brother-in-law applies a portion of the money to the extinguishment of a lien, sup posed to rest upon the property without the widow’s consent, but in accordance with what he alleges, and she denies to have been tbe bargain, pays the widow a portion, and retains a large portion in his own hands, with out her eonsent, and for which he docs not clearly account, she is entitled to a decree set- ting aside the sale upon her accounting for the Confederate money, actually received by her at« fair valuation. 7. There is evidence to tustain the verdict of the jury in this case, and we find no ma terial error in the charge or refusals to chargt of the court. Judgment affirmed. C. Peeples, E. W. Btck, J. D. Stewart, for plaiutiff in error. B. II. Hill & Sons, D. N. Martin, contra. J. S. Hamilton vs. B. A. Willingham. Com plaint, from McDuffie. MONTGOMERY. J. When a note was given by principal and security, during the war, which at the close of the war was scaled to a gold standard, a uew note given by principal alone for the amount thus scaled, and the new note ac cepted by the payee, in the discharge of the first note this is a novation of the original contract, and the Relief Act of 1870 is inap plicable to it, and no payment of taxes was necessary. Judgment reversed. Charles H. Shockley, William Reese, for plaintiff in error. E. H. Pottle, centra. Delivered at Atlanta, Thursday, May 9,1872. T. N. W & J. R. G. Horn vs. Mary E. Bird. Illegality, from Sumter. WARNER, C.J. In this case there was an award made by arbitrators, in which they awarded that J. K. G. Horn and T. N. W. Horn as administra tors of I. E. J. Horn, do pay to Mary E. Bird the sura of $i,626t50as the amount due her as her share of rents and profits, etc. This award was made the judgment of the Su perior Court An execution was issued by the Clerk in favor of Mary E. Bird, com manding the Sheriff to make the money doe on said judgment, of the good*, and chattels, lands and tenements, of J. E. J. Horn, in the hands of J. R. G. Horn and T. N. W. Horn, administrators, and in default thereof of the croods and chatties, lands and tenements, of the said Joel and Thomas Horne. The Sheriff levied the execution on certain described land as the property of J. R. G. Horn and T. N. W. Horn. The defendants filed an affidavit of illegality to the execution, on the ground that the judgment was rendered against them as administrators and should have been levied on the property of their intestate, and not upon their individual proper, and that to the best of their knowledge and belief the plaintiff’9 interest in the'judgment had been paid off and discharged. The plaintiff demurred to the defendant’s affidavit of illegality, which demurrer was sustained by the court, and tbe defendants excepted. The defendants mode amotion to ; * . . . ... . amend their tffldavit of illegality, which was section of the 1st article of the Constitution j re f U9e< j by the court, and the defendant ex- of the l mted fetuses it is declared that “ J. o J n otlr j„ d£ laying therein two railroad tracks, on an as surance from the City Surveyor, that should the Southwestern Railroad desire also to use the street, the city would require the South western Railroad to pay to the Brunswick and Albany Railroad half tbe expense of the said grading, etc. aod the City Council afterwards, ia view and in furtherance of ihe said assurance, granted to the Southwestern Railroad the right to use said street, provided it paid to the Brunswick and Albany Railroad the half of said expend, and the Brunswick and Albany Railroad laid their track so as to conform to this grant of the city to the Southwestern Railroad: Held, That equity will restrain the city of Albany from revoking the conditions of their grant to the Southwestern Railroad and d rectiug the money to be paid to the city, will also restrain the Southwestern Rail- rood from paying the money to ihe city. Judgment affirmed. Smith & Jonas, Clark and Goss, for plain tiffs in error. Nisbetts and Jackson, N. J. Hammond, contra. John G. Lott, guardian, vs. Joseph L. Dyeart and A A. Vincent. Complaint on- note dated before June, 1865, from Bartow. McCAY, J. Where in a suit pending on a debt, dated before Juno 1,1865, the plaintiff had filed tbe affidavit required by the Act of October 13. 1870, and on the trial failed to show that the taxes tine upon the debt had been paid for a part of the time since the debt was con tracted, but proposed in open court, then and there, to pay into court for the use of the State the taxes still due: Held, That it was error in the court to de ny him the right so to pay the full amount of taxes due. Such a payment would have been a substantial compliance with the Act of October 13,1870, and the plaintiff would have been entitled to a judgment-on his debt Where a note was given for land to an ad ministrator, and he turned the note over as assets to the guardian of the sole heir at law, the maker thereof giving the guardian a new note with the administrator as security, this was not such a novation of the original debt for the land as that tbe note is not still a debt contracted for the purchase of the laud. Judgment reversed. H. f\ Bell, for plaintiff in error. A. Johnson, contra. WARNER, C. J. I concur in the judgment of reversal in this case on the ground that the Act of Octo ber 13,1870, is unconstitutional and void. John B. Latimer vs. R. Stokes Sayre. Equity, from Hancock. Same vs. Harriet Sayre et al. Equity, from Hancock. McCAY, J. * On the trial of a bill filed by an adminis trator of an estate aeainst the legatees and creditor, to marshal the assets, one of the creditor, is not a competent witness to testify as to tbe nature and character of his contract with the deceased, even though the witness only proposes to state facts showing the dig nity of the contract, and affecting only its priority. Where there was a settlement between one of tbe executors of an estate .and the lega tees, in which there wa3 turned oyer to the legatees a note of the executor, with a third party as security, as a part of the assets of the estate and at the same time the executor gave to the legatees his indiytdual note for the balance ic his hands and there was a dis tinct understanding that the last note was only given as evidence of the amount due and that the executor was to he liable as ex ecutor for the amount of the same. Held, That the last note was still a trust debt and entitled to priority in the distribution of assets, but the first was not When one executor, having money in hand, loans it to another executor, taking hi.) indi vidual note for it, aDd in a settlement with the legatees, they take from the executor loaning the money the note as assets, giving him a fall discharge and acquittance of all liability: Held, That the note thus turned over is not a trust debt as against the maker of the note, and his statement that it shall be so considered does not make it such as to give it priority over other debts in the distribu tion of the eataM of the maker of the note. Judgment reversed. Linton Stephens, George F. Pierce, for plaintiff in error. R. Toombs, C. W. DuBose, contra. James P. Bower,, et al., vs. R. J. Grime,. Equity, from Stewart. McCAY, J. Whilst an administrator de borne non, has power to call upon the representatives cf his deceased predecessorjo account with him, the heir, at law and creditors, have also the same right npon a proper case made, but if tbe administrator, ic bonii non, fails so to (lo, the heirs and creditors of the first intestate cannot sue the administrator do bonit non for this failure, unless they shew that he knew of the devastavit, and was guilty of some special neglect, not equally chargeable upon themselves. Warner, C. J., was prevented from presid ing in the above ease from Providential cause; Herbert Fielder, for plaintiff in error. E. H. Beall, J. S. Wimberly, contra k Joel R. G. Home and T. N. W. Homo, Ad ministrators, vs. Littleton E. Spivey. Ille gally, from Sumter. I. An execution founded on an award against administrators in their representative capacity, which has been made the judgment of the court, most follow the award, and can only issue against such administrator, in their representative character to be levied of the goods, etc., of their intestate. 2. If the execution, on such an award, is issued against the property of the intestate, and if none be found, then against the indi vidual property of the administrators, it is a nullity, so far as it seeks to subject the in dividual property of tbe administrators to the payment of the debt, and if such prop erty is levied on, upon affidavit of illegality, the facta not being controverted, the court should sustain the affidavit of illegality. Judgment reversed. HeCav, J. having been of counsel did not preside in this case. Hawkins & Guerry, for plaintiffs in error. C. T. Goode, W. A. Hawkins. A. R. Brown represented by N. J. Hammond, contra. Jane E. Lowe and Charles E. Lowe vs. Eliza beth Tarver and Margaret Ann Tarver. Construction of will, from Warren. MONTGOMERY, J. A will, whose first item conveys a life estate to one of the sisters of testatrix, with remainder to Charles C. Lowe, the son of such sister, in one-half of a plantation, said half lying on the east of the Warrenton road, and the seeond item of which, so far as ma terial to the considerations of this case, reads as follows: “I give and bequeath to Elizabeth Tarver, (another sister.) and Margaret Ann Tarver, (daughter of Elizabeth Tarver,) the portion of the plantation lying on the west side of the Warrenton road, adjoining lands be- longngto WalterF. Situs, Hugh Armstrong and others: Provided they come and live on ii If not, to remain with the other lot, and at the death of Elizabeth Tarver and Margaret Ann Tarver, that portion of land also to go to Charles C. Lowe,” conveys a fee in the land on the west of the Warrenton road to Eliza beth Tarverand Margaret Ann Tarver, npon their compliance with the condition, that is to say, npon their going npon the land to live. Judgment affirmed. R. Toombs, E. H. Pottle, for plaintiff’s in error. Linton Stephens, contra. complied with the reconstruction acts, -n the fourteenth and fifteenth amo idments h the Copstitiition f f (he United states havin' been ratified in good frith by a iegul Legists tor. of said Stale, it is hcrchv leclared ths ihe State of Georgia » entitled - - ™rw- ration in the Congress of the United States' Upon tbe admission of her Senators and tepr-aentatives under that act, says the court, “th. condonati eminent became con to our minds is ine 1 passage of that act, a by the national gov- te." The conclusion tab'e, that np to the least, the provisional government provided for by the act of March 3,1867, still existed. . A It follows that tbe session of the Legis lature of 1870, which fused the Act of Oct- tnber, 13th, of that year wss not a session of th. General Assembly, after the second un der the Constitution Jfc the sense in which the Convention of 1888, used these wo-ds. Hence the act under review w not invalid became passed by the Legislature more than forty days after the commencement of its session. 5. It is at least donbcfol whether the first four sections of the Relief Act of October 13th, 1870, prospective in their operations ns soond rules of construction require them to be understood, so far impair the remedy of contracts made prior to June, 1803, as to be unconstitutional nuder the tenth section of the first Article of the Constitution of the United States. It is therefore the duty of the court to refuse to declare them nnconstitu- ionri. ■ Li. The first four sections of the Relief Act of October 13,1870, must be read in the light of the title to that Ac”, and in so far as they are not variant from it, they do not violate the 5th paragraph of the 4th section of article 3 of the Constitution of Georgia, and to that pxtent the court should give them effect Therefore in all suit, pending at the time of the passage of the Act for debts founded on contracts made prior to June. 1863, the taxes must have been paid, and the affidavit filed within six months after the Act pissed; and in all suits commenced after its passage, at the time of filing the writ, on pain of having the case dismissed on failure to do so. 7. If Congress, or aUtate Legislature pass a law, within the general scope of their con stitutional power, thtf courts cannot pro nounce it void merely because, in their judg ment, it is contrary to the principles of nat ural justice: Calder vtL Bull a Dallas 399. 8. A bill of interpleader being filed by an administrator against, the creditors of the creditors of the estate represented by him, whose claims are antagonistic, and some of the claims being founded on contracts enter ed into before Jane, 1865, it is not necessary for creditors holding such claims to file an affidavit of the payment of taxea with their answers, their claims-having been brought into court by the administrator and not by themselves. On the trial of the case, how ever, they should makfttit.clearly appear that the taxes have been paid to entitle them to a decree for the payment of the claims. 9. Subscriptions to the stock of the Ma con and Augusta Railroad Company, made before June, 1865, stand upon the same foot ing with other debts contracted before that date; and in suit9 against the subscribers for the amount of their subscription, the pay ment of taxes and the filing of the affidavit, as required by the Relief Act of- 1870, is necessary. Judgment in the case of The Macon and Augusta Railroad Company vs. Frank L. Little, Executor, affirmed. Judgment reversed Jtr the case of Jackson B. Johnson, Administrator vs. R. Stokes Sayre on the ground that the creditors hold ing claims founded on contracts made before June, 1865, should have proved payment of taxes on those claims fo entitle them to a de cree for the payment of the claims. Linton Stephens, George F. Pierce, B. H. Hill, H. L. Bcnning. for plaintiff in error. C. W. DuBose, R. Toombs, F. L. Little, contra. , McCAY, J., concurring.. The Act of October 13,1870, denying the aid of the courts for the collection of certain debts until the taxes thereon have been paid, is not in violation of section 10, paraeraph 1 of the Constitution of the United States. Said act is the legitims tc'excrcise of the power inherent in the State to enforce upon de faulters the payment fit the taxes due, and if itat *11 effects con trac>bstw8eniiuUviuualE it is only incidentally, by reason of the unlaw ful, wilful and persistent refusal of the holder of a debt to comply with his Jreasonable and proper duty to the public. Whether an Act of the session of the Gen eral Assembly of 1870, after forty days from its commencement, is void or not, is not a ques tion of whether the Act is, as to its provis ions, nr os to its title, or as to the mode in which it was introduced and read and voted upon, contrary to tbe Constitution! but a ques tion of whether the Legislature, at the time of its passage, was a legislative body at all— whether it had any title to its official existence as a General Assembly. Whilst it- is not only the right but the im- ■ lenitive duty of the judiciary to declare legis- ntive Acts in violation of the Constitution void, it is not within the sphere of the ju diciary to inquire if the Legislature, at the time of the passing of an Act is properly or ganized or properly in session under the Constitution and laws. The Legislature is itself, in tbe nature of things, the proper judge of such questions and is responsible to its conscience and lo tbe people only for the proper exercise of this judgment The General Assembly of this State, actu ally in session and engaged in the perform ance of legislative duties, ought at least to receive from the courts the consideration they grant to any Executive officer, to-wit: Whilst they will freely inquire into the regu larity and legality of any particular act, they will not, in so doing, pas9 upon the authority of the officer to act at .all. The Judiciary has no power, by quo war ranto or other direct proceeding, to pass upon the authority of either the Governor or the Legislature, to exercise the functions of their several departments; and if it may not do so by direct proceeding, it cannot do so indi rectly by making the validity of the act3 of either to depend upon their authority at the rime of the act, to exercise.their respective functions. It is not in the power of this court, by any decisionjt may moke, to declare the Acts of the session of the Legislature of 1870, after 40 days from its commencement, void, since the members thereof do all of them hold their commissions, and this court is now in session by virtue and in consequence of acts passed by said session after the 40 days. If these acts be void, this court is illegal, its members are only private citizens, and in the very act of giving its judgment it renounces jurisdiction over the subject and declares its decision to be only the opinion of three citi zens clothed withno legal authority to act as a court. The session of the General Assembly of 1870 was not a session of the General As sembly after the second under the present Constitution in the sense of those words as used in article 8, section 8 of the Constitution of 1863, and its sessions were legal after the forty days without any vote of two-thirda prolonging the same. prohibited by the Constitution, because there is no legal presumption in favor of the vali dity of ItgislstlTeenactments passed at a time expressly prohibited by the Constitution, al though they may have the form and color ot laws upon the face thereof, the more especi ally when it is apparent that such pretended laws were intended to deprive the honest people of the State of their legal and just rights to their property. I, therefore, dis sent from the judgment of the court in this case, and in case of Johnson, administrator, vs. Sayre et aL GEORGIA cepted. In onr judgment, the conrt below erred in sustaining the demurrer to the de fendants >-fadav»: of illegality on the state ment of facts contained in the record. Code 3515,3581. The court also erred in refusing the amendment offered by the defendants to their affidavit of illegality. Code 3450,342f *26th Georgia Reports 617. Let the judgment of the court below be reversed. McCay, J. did not preside in this case, having been of counsel. Hawkins & Gueriy for plaintiffs in error. W. A. Hawkins, A. R Brown represented by N. J. Hammond, contra. State shall pass any law impairing the obli gation of contracts.” The 17lh section of ibc 5th article of the Constitution of 1868. denying to the courts jurisdiction to enforce the collection of the plaint id's debt, not only impaired the obligation of his contract but annihilated and destroved it, because it de nies to him any and all remedy to enforce that obligation against the defendant. The 17th section of the 5th ariicia of the Condi tion of 1868 so far as it affects the obligation of the plaintiff’s contract in this case deny ing to him any and all remedy to enforce it against the defendant, is in violation of the 10th Motion of Ihvlat article of the Const!- 8o . Jt ] kWCTtCTn Railroad rfnd City cf Albany tW The Wo-ld asserts that in induction, breach of promise, railway accident, and oth er such emotional suits, juries are proverbi ally inclined to favor the aPcged victim. Tbe World might have truthfully add?d that one talented liar is worth a dozen honest witnesses in a case before an average jury, and that the present jury system ought to be j versed. . _ , _ ,, , . „ abolished throughout the country before an-1 Thompson & Turner, E. N. Broyles, for When, the Brunswick and Albany Rail- other case is allowed to come to trial—Om- plaintiff in error. road had, at great expense, graded a street of momabjottrnol. I H. Blacee,contra. 'the city of Albany of sufficient width for tnlionof the United States and is, therefore, | j„hn Screven, Receiver, injunction, null and void. from Bibb. Let tha judgment of the court below be re- j The Macon and Augusta Railroad Company vs. Frank L Little, executor. Relief and Constitutional Law, from Hancock; and Jackson B. Johnson, administrator, vs R Stokes Sayre, et ah Constitutional Law, from Hancock. 1. That clause of tbe third paragraph of the first section of'Article 2 of.the Constitu tion of Georgia, which provides that “No session of the General Assembly, after the second under this Constitution, shall con tinue longer than forty days, unless prolonged by a vote of two-thirds of each branch there of,” applies only to the General Assembly which was to meet after the State govern ment had been fully reconstructed under the so-called reconstruction Acts of Congress, not to the Legislature of the provisional gov ernment organized under those Acts. 2. The Supreme Court of the United States have said, in White vs. Hart, et aL, infra, “the action of Congress upon the subject (the reconstruction measures) cannot be In quired into. The case is clearly one in which the judicial is bonnd to follow the action of the political department of the government, and is concluded by it.” While compelled to accept this dogma as law, and as perhaps true, in a limited degree, so far as facts accomplished are concerned, as a genera] proposition I dissent from aod pro-! test against it. 8. Under the" recent decision of the Su j preme Court of the United States in the case , of William White vs. John R Hart, and Wm. D. Davis, decided December term, 1871. we are compelled to hold, that the reconstructed provisional government of Georgia did not expire before Jane 12th 1870, when Congress tnaslod that thf Stats of Georgia having WARNER, C. J., dissenting. This was an action brought by the plain- taiff against the defendant on the contract of his testator as a subscriber for fifteen shares of the capital stock of the Macon and Au gusta Railroad Company to recover the amount due for his unpaid stock. Oa the trial the defendant made a morion to dismiss the plaintiff’s action on the ground, that it was a debt existing prior to the first of June, 1865, and that no affidavit had been filed that all legal taxes due thereon had been paid as required by the Act of 13th October, 1870. The court dismissed the plaintiff’s action to which ruling of the conrt the plaintiff ex cepted. The Act of 13th of Obtober, 1870, so far as it applied to the plaintiff’s debt; to in violation of the 10th section of the 1st ar ticle of the Constitution of the United States, and to therefore void. That Act is also void os having been passed in violation of the ex press provisions of the Constitution of the State of Georgia. The Constitution of 1868 declares that “No session of the General As sembly, after the second, under this Constu- tion, shall continue longer than forty days, unless prolonged by a vote of two- thirds of each branch thereof.” This Act was passed at the third session of the General Assembly under the Constitution of 1868, more than forty days after the commencement of tha third session, which was not prolonged by a vote of two-thirds of each branch there of, and is, therefore, null and void as a law of this State. My reasons for this jndgment, were fully expressed in my dissenting opinion in the case of Gormly, Ordinaiy, vs. Taylor, (not yet reported.) aad will not be again re- Crops—Quitman -ThomasCounty-Aft* bany—Tftie Fire Jamboree. Albany, Go., May 4,1872. Editors Constitution: At the conclusion of my last, we took a hasty ran to this place, thence to Valdosta and returned by short stages. In the vicinity of Valdosta the farm ers are cheering up with the clearing off of the surface water and the resumption of agri cultural work; still they, like all this coun try, are backward in planting and feel the effects of faulty cotlon seed. Tn Brooks county much the same state of affairs exists. The towns on the Atlantic and Gulf Road are, manv of them, almost deserted daring the day, the farmers looking to their interests on tbe farms have no time to visit the towns —the merchants having no customers close doors and go fishing. Vegetation throughout this section, though late; was never so rapid when the green foliage did commence spring ing, and the planters are striving to take ad vantage of the season. In many of the east ern and southern counties, in addition to the excess of rain, storms and tornados have de vastated th# country, destroying the timber, killing the stock, scattering the fences to the four winds, blocking up the ways and scat tering things in confusion generally; yet the •pie go to work with a vim, to repair nages and make the best of it not at all dismayed. Quittman is a thriving place and will soon have in successful operation a cotton and wool factory, which will add much to the town, giving employment to many who are in m edy circumstances and have not the means to enter into agricultural pursuits. The erec tion of this establishment speaks volumes for the enterprise of this people, and it is to be regretted that others do not follow the ex ample. One manufacturing establishment in such a place will do more for the place and the people, than forty times the amount in vested in mercantile pursuits without custo mers to purchase. Thomas county is in a flourishing condi tion, and the lands being rolling, they have not suffered so much with overflowing or standing waters. In this county they are in a very independent condition financially. The farmers live much within themselves, keep out of debt, sell their produce in their county town, and prosper together. They are not held under the hammer of the North ern^ stock broker, and feel their independence, which is only surpassed by their generosity and hospitality. Albany has, for the past two days, been a scene of excitement, and they have had, per haps, the greatest gala time it has ever been the province of a town of the same size to witness, without some ripple in some where to mar in some way, the pleasures of the oc casion. The “Thonateeska Fire Company” extended to the “Wide Awakes,” of Arncri- cus and their friends, an invitation to join them in their annual festival Ample prepa rations were made in every way. Nothing left undone that could be conceived of to add to the pleasure of the occasion. The spa cious warehouse of Captain T.TL Johnson was floored, partitioned and decorated, the walls and arches hung with wreaths and festoons, interspersed with monograms and mottoes of “Welcome Wide Awakes,” and “We’ll dance a’,1 night till broad dayligh and go home with the girls in the morning.” Scattered among the festoons and wreaths of evergreens and flowers were birds of song to lend their shrill notes to the occasion Overhead w»s brilliantly illuminated with chandaliers and Chinese lanterns to give va riety. The banqueting hall was fitted out with four tables of one hundred feet each, ladened with viands of every description in the greatest profusion, and decorated with pyra mids of fresh flowers. The taste of the ladies here displayed could be appreciated only by being seen—they left nothing undone in their department The street, at the corner of Washington and Broad, was spanned by two triumphal arches, wreathed in evergreens, decorated with flowers, and covered with mottoes of welcome. At the appointed hour the train arrived bringing the gallant firemen of Amcricus, about sixty in number, accompanied .by about the 'same number of each of the fair daughters and sturdy men of that city. The firemen were met by their brethren of the Thornateeska, the ladies by a committee of ladies of Albany, with carriages to bring them into the city in pro- eessiom All were welcomed to the city by the Mayor pro tcm., Dr. Davis, at the depot, joined in the procession, marched under the triumphal arches and welcomed in an appro priate address by Major R. N. Ely, in which he stated in conclusion, that the town had been voted them, and they were requested to occupy and possess it free. This was re sponded to in a very happy manner by Mr. Willie Hawks, of the Wide Awakes, when all were invited to partake of a collation pro vided for the occasion. With sparkling wine and a flowing bowl,' they entered upon the work of enjoyment with a will and all went on merrily until late in the afternoon, when came the test of speed and power and the skill of the firemen. In this the Wide Awakes bore off the palm, af ter repeated and varied trials—both compa nies displaying great skill in the contest The Wide Awakes got up steam at a given signal and threw water fifty feet through one hundred feet of hose in six minutes. Steam up, their suction hosemen run fifty yards, adjusted suction hose and threw water through one hundred feet of hose in seven teen and three-qaarteijseconds— 1 Thornateeska being a few seconds behind in the contest Quich work. At the close of the contest, the firemen were relieved to enjoy themselves in their own chosen way until 9 o’clock p. M., when the festival and ball was to b# opened. The town was voted to the Americus peo ple, and right gallantly did they occupy and possess it Everything was made free—the hotels, the bar-rooms, the billiard saloons, soda founts, horses and carriages, all were made free as water to Americus and her friends, and continued so for the dav and for the ensuing one, until all departed m peace. Notwithstanding all this opportunity for ex cesses, not a ripple occurred to mar the pleasure of the occasion. THE BALL AND THE BANQUET. At 9 o'clock, p. xl, the merry throng gatb ered at the hall, the fair of both cities, wiih the friends of the firemen, joined to make the occasion one of pleasure and glee. **Te» pricore governed the hour And U '*■ * nStad. fashion were co And they vied j bey inarched ai Till they whil’d the wee hoars away. Past the noon of the night the Wide Awakes and their partners were conducted to the banquet to partake of the bounteous repast, after which all present followed in the wake till they were filled to overflowing, when they returned “to the tip of the light fantastic toe,” made good their promise— “danced all night till broad daylight, and” were all wide awake in the morning, when the party dispersed for a few uours. Soon after breakfast the ladies and gentle men gathered into the hall again. The music again shrieked away, when the dance was resumed and continued till past the noon of the day. Here the orders to take up the line of march for the train to bear away the de lighted visitors to their happy homes in t ie hilly regions hard by, was given, and all were re-escorted to the depot. An hour spent in exchange of compliments and the merry men and ladies took their leave amid the shouts of the joyous assembly. In all this entertainment never an act or word marred the pleasures of the occasion, and it will be long remembered as one of un interrupted joy. Though the “Dolly Vardens” may, per chance, have turned the heads of a few, there will be nothing to regret on memory’s page with those who were made happy bv the oc casion. W. A. L. x r # w Diarrhoea to a very common dtoease Deated. All legislative enactments^ which j in summer-time. Cholera to nothing more aret> be binding upon the people as laws, than exaggerated diarrhoea. When a man mu9t be enacted in pursuance of the require-! has died of diarrhoea, he has died of cholera, raents of the Constitution, and if not, when- in reality. It may be well for travelers to ever they interfere with the rights of thecili- i know, that the first, the most important and zen. such citizen, may appeal to the courts j the most indispensable item in the arrest and and have them declared void; for the Consti- cure of looseness of the bowels, is absolute tution of 1868, expressly declares that “Legto- quietude on a bed; nature heraelf always lative acts, in violation of this Constitution,; prompts this by disinclining us to locotno- or the Constitution of the United States, are tion. The next thing to to eat nothing but void, and the judiciary shall so declare them.” ;common rue, parched like coflee, and then If the courts may m-oure into the validity * boiled, and taken with a little salt and but- of legislative acts j as*ed by the General As-! ter. Drink little or no liquid of any kind, sembly, when sit. ng within the ti ne pre- Bit# of ice to be eaten and swallowed at will, scribed by the Constitution, much more may Every step taken in diarrhtea, every spoon- they inquire into the validity of pretended ful of liquid, only aggravates the disease, legislative acts which were passed at a time Journal of JTeauk, OUR WASHINGTON LETTER. Washington, May 3,1872. It would be almost impossible to write a Washington letter at this time without some mention of the Cincinnati Convention. There has been little else talked of here for some day8 past Congress has made a show of attending to business, bat the thoughts of a majority of the M. C.'s have wandered to the classic city of Porkapolto, and evening has found them in “Newspsper Row,” hun gry for the latest news. While the Admin istration henchmen have derided the Liberal movement, they have also watched for its culmination with poorly concealed apprehen sions. It has proved a bigger thing than they hod dreamed of, and this is apparent through all their mud-slinging. Before this letter starts Southward it is probable the die will have been cast, and that at to-morrow morning** breakfast table jarill be read the names of toe standard bearers cU06en by the Liberal Re publicans. DIVIDING THE RTOILS. How are the spoils to be divided in case the Democrats unite with the Liberals and elect a President, to a question much discussed here. Some say that if a Republican is put in the Presidential chair he will surround himself with Republicans, and will endeavor to win over those who now support Grant in order to perpetuate the Republican regime. In this event it is considered that the Demo cratic party is doomed. On the other hand, Virginia and Missouri are pointed out as having been rescued and redeemed by just such tactics as it is proposed to resort to in the great contest now pending. The Demo crats united with the Liberals of those States and elected Liberals to office. Both of these States are to-day Democratic by largo ma jorities. Mr. Schttrz cannot be returned to the Senate from Missouri unless he comes as a Democrat, which is not probable, and we have one Democratic Senator from that State already. Does any member recall a squabble over the spoils in Virginia or Missouri. So run the argument pro and con, which I reproduce as pertinent to the occasion, with out siding with either save when it is so stated. AN IGNOMINOUS SURRENDER. The administration has made a complete backdown on the question of paying the claims for indirect damages before the Geneva Conference. I have always believed and predicted that it would come to this. These claims were preposterourly, but after having pushed them so pertinacious, their abandon ment is simply humiliating. Mr. Fish fa vored the press yesterday with a column and a half explanatory of the position of the gov- emmen?, transmitted through the Associated Press. The administration journals head it: ‘No Surrender,” “Onr Government Firm,” etc., with what justification the following paragraph will show: It is not known whother such agreement will be or can be reached. The United States have made no proposals in the premises, but it is believed that an arrangement of this na ture, if proposed by great Britain, might be accepted by the United States, and that it would be honorable to both nations. This, beyond doubt, is the extent of what the Pres ident or any of his advisers have thought possible or have had in contemplation. It is well understood here that this govern ment has proposed to great Britain to sug gest a withdrawal of these claims; and, in- d-ed, we me told as much by the cable. SECRETARY ROBESON. It is understood that Mr. Warren, the Dem ocratic Representative from the 15th New YorU District, will side with the Radical ma jority of the committee appointed to investi gate the Secretary of the Navy, in exonerating that official from the very serious charges preferred against him. The secret of Mr. Warren’s conduct is said to be that he is a brother-in-law of ex-Secretary Borie, who was instrumental in putting Mr. Robeson in the Navy Department His family tics must be stronger than lito convictions of duty, for the Patriot, which at one time attempted to defend Mr. Robeson, says editorially this morning: The fact remains that, in defi nance of pre cedent and apparent statutory prohibition, he did pay some favorite contractor what most people would think a large sum of money, out of which, by a coincidence that is impress've, something like a percent ige found its way to one standing in a near or potential relation to the disburscr of favor. There is this, without imputing any grosser motive, that sort of easy-going definance of law and propriety which seems to be the characteris tic of to-day’s callousness. I don’t see that the Democratic party gains anything by keeping men in Congress, who aid in concealing Radical frauds, or who vote for every job that comes up. The sooner such men are given leave to stay at home the better for the parly. THE TARIFF—ADJOURNMENT. Congress is slightly mixed on the tariff question. Both Houses have passed the bill ratting tea and coffee on the free list, and tlie Souse has now before it two tariff bills, re ported from the Ways and Means Committee. The majority bill, according to the figures of Mr. Conner, of Texas, reduces taxation twen ty-eight millions, and tbe minority bill, the work of Pig Irog Kelly, relieves the tax pay ers to the extent of' forty-eight millions. The latter, though a protective measure, finds most favor on the Democratic side, and Mr. Kelly is confident of its passage. I fear Mr. Kelly to given to counting his chickens be fore they are hatched. He will find Mr. Dawes, who supports the majority bill, a foe- man worthy of his steel. The House has met this week at 11 A. XL, and the Senate it to assemble at that hour after Monday next Night sessions have been held, and the Senate has disposed of several appropriation bills with remarkable celerity. This unusual activity is due to the desire of the Administration members to get away from Washington before the 1st of June. They may accomplish it, but just now it docs not seem altogether probable they will be able to, as there to still much important business to be disposed of. _ Tommy Hauck. Correspondence New York Sun.] Judge Davis for Greeley. At the National Hotel I met a warm friend of Judge Davis I thought he was looking rather blue, and offered to condole with him, saying I was sorry, his man didn’t win, for ray Democratic friends were all for him Davis Man—Well, it to too bad, but can’t be helped now. Reporter—Have you'seen toe Judge to- dav? Davis Man—Oh,yes, I had a long talk with him this morning. Reporter—Widl, whfit does he think of it? Davis Man—He to for Greeley heart and soul. Reporter—He to? Davis Man—Yes, I 'went up to condole with him, but he knocked me down by say ing Greeley was a stronger man with the people than he was; that he was glad the Convention had acted so wisely. Reporter—VVhat does he think about the Democrats supporting Greeley? Davis Man—I asked him particularly about that and he seems to tbink the Democracy will go for Greeley with great enthusiasm. I was not disposed to agree with him, but he insisted that this was a popular movement in which the politicians would have to follow the people. Every man and boy in ihe coun try felt that he was in sonic way or other his friend, and that they owed him a debt of gratitude which they would repay «>ith a vote. The farmers will be for him, the work ingmen in onr shops and mines will be for him, and the foreigners will be enthusiastic for him. If the negorcs don’t vote for him they ought to lie put back into slavery, for it will be proof positive that they have no gratitude. m m m Soutli Carolina. Ae-urs Items. Darlington is to have a new court house. Cucumbers are offered in Charleston three for twenty-five cents. Greenville county ha# invested $50,000 in fertilizers this season. Twelve car loads of railroad iron passed up to Spartanburg for toe Air-Line Railroad. The stockholders of the Air-Line Railroad will meet at SparUnburg on the first Wed- ne-day in June. James B. O’Riley, of Charleston, a printer by profession, died on Saturday last. He wss for a long time President of the Charles ton Typograpii ical Society. Much Property.—The assessment roll of Sacramento county for 1871 was about $11,- 500,000. Under the Code plan of. assessing, placing all property at its cash value, the in crease will be from 100 to 150 per cent, so that the roll of this year will be from $24,000,000 to $30,005,000. San Fran cisco, which was assessed in 1870, at $116,375,988, claims tc have property worth $300,0 .0,000, and doubtless she is in this cor rect. in 18 0 the entire assessment rolls of all the counties in California amounted to $277,538,134. If other counties increase as Sacramento has, the total rolls will be swelled to between $555,000,100 and $693,000,000. fjaeramento Bee, April 22d. ASXUAL NI12CTIXG OF GEORGIA FBE5S ASSOCIATION. Grand Reception. Large Attendance. Election ot Ofltcera; The Recording Secretary of too Georgia Pres* Association will soon issue in pamphlet fona the proceedings of the Association. Yesterday morning tha members of tha Georgia Press Association met In the tall room of the Kim ball Hou«e. Hob. B. C. Yancey, Ctnirm&n of the Reception Com mittee, la behalf of tbe Committee tendered the hoe- pltality of the city tn the Association. During their stay in the city their bRls w^n’d Iks footed by the people of Atlanta. General A. CL Gar'ington welcomed the Associa tion to all that Atlanta coaid afford, In pare water, balmy air and lordy wom^n. Th e Association repre- iteda daw that vra* the mort important factors In thegrect work of cirlliration. Greece, after attaining the highest position la Art, Scicnco and Literature, relapsed Into barbarism, because 6h3 had no general diffusion of knowledge—no nopul ar education—as is brought about by a frre and independent press. The greatest agents of progress arc a representa tive government, Christianity, and the press. The m to the strongest arm of a representative govern- it, and a necessary adjunct to the spread of Chris tianity. A free and Independent press Is the terror of tyrants and the av-ngcr of innocence. The press of the Sous h (with few exceptions) lias been true to htr and constitutional liberty, and will remain so. President Christy responded In a happy manner. He alluded to the fact that although Atlanta tad been jeered at, and burned on, she still lives, and is the pride of Ihe state. Her snebess and pros- perty Is not due to raUroads but to the energy and entuprise of her indomitable citizens. The Association was then called to order by Presi dent Christy. The following papers were represented: Albany News—C. W. Styles. Athens Watchman—T. IT. Chris’y. Athens Banner—S. A. Atkinson. Atlanta Constitution—T. W. Avery, W. A. Hemp hill, E. Y. Clarke. W. O. Wh’d\v. Calhoun Times—W. Rankin. Columbus Sun—G. A. Miller. Christian Index—J. S. Prather. Dawson Journal—S. R. Weston. Dahlonega Signal—J. n. Christy (proxy.) Griffin Star—L W. Avery (proxy.) LaGrange Reporter—C. II. C. Willingham. Hocon Enterprise—B. W. Smith. Rough Rice's Reporter—Rough Rica. Savannah News—J. H. EstHl, J. C. Harris. Savannah Advertiser—A. S. Abrams. Savannah Republican—J. R. Sneed. Rome Courier—M. DwinelL Rome Commercial—H. W. Grady. Camilla Journal—C. W. Stylos (proxy.) Sumter R< publican—C. W. Hancock. Southern Recorder—C. P. Crawford. Washington Gazette—n. F. Andrews. Newnau Herald—J. C. Wooten. Farm Journal—J. F. Phecnt. Talbott on Standard—J. B Gorman. * North Georgia Citizen—J. T. Wh ta-tn. Monroe Advertiser—J.T. Harrison. Hancock Sertinel—F. M. Brown. Covington Enterprise—J. W. Andci»on. The Cat-A. II. Gray, n. C. Glenn. Collegian—E. A, Angler. Plantation—B. C. Yancey, C. R. HunWter. Whig—C W. Hnbner. Son—J. Henley Smith. West Point News—Robert D. Harrell. BarnesvllleGazette—E T Pound. Cuthbert ppcal-J. P. Sawtcll. Gwinnett Herald—T. M. Pceph s. J. A. Wright, of the Abbeville (9. C.) Medium, members of the various committees and railroad offi cials were tendered seats on the floor of the Associa tion. The Treasurer submitted It's report, showing re ceipts $100, disburse uent* $71 GO, balance $33 40. The President made a brlv.f report The Association then proceeded to * lect officers. S. A. Atkinson and J. B. Gorman were appointed tellers. The following is the rertlt: J. H. Estill, of the Savannah News, President. C. W Styles, of the Albany News, First Vice-Pres ident. W. A. Hemphill, of Tax Atlanta Constitution. Second Vice-President. C. S. Hardee, of tho Savannah Republican, Corres ponding Secretary. W. G. Whidby, of Tux Atlanta Constitution, Recording Secretary C. H. C. Willingham, of the LaGrange Reporter, Treasurer. Executive Committee—S A. Atkinson. O. A. Miller, B. W. Smith, J. B. Gorman, C. W. Hancock. On motion. Col. J. R. Sneed, G. A. Miller and J. H- Christy were appointed to escort the President, elect to the chair. Mr. Estill, on taking his seat, made a few pertinent remarks. The following resolution, offered by CoL L W. Avery, was adopted: Resolved, That the officers ri tiring have discharged their dnties to the entire satisfaction of the Associa tion, and that tho thanks or this Association are, hereby, tendered them for their efficiency and court esy. J. Henley Smith offered the following resolution which was referred to a committee consisting of J. Henley Smith, J. P. Harrison and E. Y. Clm kc, with Instructions to report daring tho present meeting: Resolved, That a committee of three be appointed to report to this association, a proper bill to bo pre sented to the next Legislature, which eh-ill equitably adjust the legal advertising of the several counties in the State. J. Henly Smith offered tho following: Resolved, That a committee of three be appoi nted to take into consideration and report to this Associ ation what action, if any, should be taken by the Press of Georgia to obtain relief from the ut jnst im positions of tho Typographical Union. A. S. Abrams offered tho following as an amend ment, which was adopted: Resolved, That a committee of three be appointed to confer with tho officers of the Typographical Union, with a view to bringing about such amend ments in thernles or the Union as may tend mutual advantago of the proprietors of news; apers and their printers. The resolution as omcndeC wss adop’cd nod refer* sd to a committee conal-tlngof J. Hculy Siult^, J. R. Sneed, and C. H. C. Willingham. The Association then adjourned until 4 o’clock r x. At 4 p. the Association met. R. R. Weston offered tho following: Resolved, That no proprietor who uses what Is cogmonly called “patentoutsides,” and ”;u id<s, or both, shall be allowed m-mbershiy in thN Arvoci: tlon, nor will the member* of th‘s Association bo al lowed to exchange with said so-called new spnpu Colonel C. W. Styles offered as a substitute for It the following: Whereas, Certain individuals In this State h cently engaged in jounta’itm on the economy and practice of having tho “out-ldca,” “insides *’ ternals,” and all sides, printed by parti s foreig; unknown to their readers; and. Whereas, A number or those are now put'iirimig such papers from auxiliary publishing house* kn to be inimical to the legitimate press of Georgia and tho best interests of the people; therefore Resolved, That this Association look upor. sll such publications with disfavor, and can In no \*1h* recog nize them as legitimate journals, or worthy the sup port of the people or journalifets of the Sutc. Resolved, That it shall be the duty of the memlwrs of this Association to atrike from their exchange lift* all such publications, and to refuse jonma frtic im course with persons engaged in their public ti-.n 1 ever hereafter. Resolved, That all aach offices be crashl-red Sat offices and that It shall be cause for expulsion for any member of this Aeeoc* tion to employ any Printer, or other person who, knowlr g’y arccp' work of any description th-rcon, after the time rpecl fled in the following re-nlution. Resolved, That such new*paper* here represented be required to publish these resoloi one once a w till the 10th day of Jnne next, aod after that cnf< their provisions. Resolved, That Advertising Agencies that •hall a'd orp tronize such disreputable offices. In this S’stc. o. tor advertising in this State, shall be dropped from the books and business columns t f the journals this Association. Resolved, That we invite the Printers’ Union to ' operate with u« in this reform movement. After an elaborate dlsco«ston Mr. Weston withdre w his resolution, and on motion, Mr. Srylcs' resolution was referred to a committee to report to-day consisting of J. H. Christy, H. W. Grady and S. R. Weston. The report was made the special order t% ten o'clock. The committee on Advertis'ng Rates reported the rates adopted at Savannah, which report, was adopted. J. F. Sbecnt offered the following: Resolved, That the Secretary bo requested to f reward the report of the committee, with a copy of the rates adopted by this association, to every Advertising Agency in the country, to wh'ch shall be attached the name of every paper connected with this association. After discussion tabled. C. H. C. Willingham offered the following: Bwolved, That the members of the Typographical Union of Atlanta be invited to .•cats on the floor of this Association. Adopted urucuioudy. C. P. Crawford offered a resolut 'on to appoint mittee to report a plan similar to 'list adopted in Mexi co, binding members to abstain from peri*onal attack* on each other when discus -ing p*>: and o her infia- mable and explosive subjects. The chair appointed as said committee C. P Craw ford, C. W. Hancock and B. C. Yancey. The Association adjourned until 10 a. m., to day. SiTHEirs Cquiit op Gzcmau, IUt 9,1872. After the delivery of tile dcclilom, Im th. cues here tofore mrjtood. til. Court mdjonrned for th. term. Hoir. Luthib J. Olemt.—Tho election yesterday, parsed off qnleily. Ooh Luther J. Glenu received CCS votes, »ndT. K. Chuo 1, for BeprrsenU- ttve. Daltoh District L'onfekexck.—Tki* body convene, at Dalian to-morrow, and la looked forward to with creat Interest by onr North Geor^i. friends. Blrhop Wlghtman will preeid,; end wo learn that a rpecial train will leave Chattanooga on Snnday morning next, conveying partica to and tram Dalton at greatly reduced rates. AnRESTED.—Lieutenant Henry Holme* andD. 11. Queen and John O'Shlelda, of the police force, went to Chattahoochee river yeeterdey, and ar te, ted th. notort on, MUton.Be.ndi, colored. w«oe,. caped trom Gwinnett county Jail come time ,lnc«, where he wa* condned on a charge of repo, and Levi Turner, colored, an escaped convict from Cobb conn ty chain gang, to which b* waa eentenced fee altnpla lareony. Three omeera deserve tpeelal mention for tbel MB clency end energy in thia matter. Fulton Superior Court. — Yesterday Henry Clark, colored, plead guilty to burglary 1. the day time, and waa eentenced to the penitentiary for three years. Andrew Brooke, colored, was found guilty of an mult with intent to repea white woman, and waa eentenced to the penitentiary for twenty yean Judge Hopbine, In pereing eententenee, enunciated round and ecntiblc view*. Death op Georgs Brosius.—Wo regret to learn the death of this popular railroad conductor, who died reccn'ly near Humboldt, Tone . eftet a few dare' tltneea Mr. Broslut will be remembered by t e cttlaeasof Atlanta as a pesaoager conductor on l a Western and Atlantic Ballraad tor many years. Hi* numerous friends and aeqneti tanere in Georgia and elsewhere will regret to leer* of hta nntirarly death. a. employed at the time aa conductor oe the New Orirerm, Jeekaoa end Orest Northern Railroad. Chamber op Commerce.—The Chamber met. according to announcement, at tbelr ball laat night. Vice Preeldent, W. I. Garrett, In the chair. Some fourteen or fifteen member* were present. The Committee on Transportation reported favor*, bly on die resolution* offered by J. Norcro*?. and rocommea 1 that they be submitted to Council at an early day. The resolution* were to the effect that a* a condi tion precedent *o th* Mayor and Council of Atlanta holding stock in the Georgia Western Railroad, or paying In monev or bonds to said company that In all freights passing over said rrad. In either direction and shipped from any point or consigned to any point within 200 miles of A'lsnta, tho rates of freight therron stall be no lower thar the rates on the same art Ic es per mile to or from Atlanta; that a perpetual covenant embracing these conditions should be entered into between the Georgia Western Railroad and the city of Atlanta, signed, sealed and recorded in the county record- of Fnlton before any farther payments are made by the city to said road; to ap point. a committee to present these resolutions to Council and ask ask that the same be made a con tract never te be annulled except by two-thirds ma jority of the legal voters of Atlanta. Dr. C. L. Redwlne offered as an additional resolu tion, that before farther payments be made that a condition be made with the Georgia Western Rail road that no preferred stock stall be Issaed ever tiin beheld eqnaL the stock held by the city of Atlanta, and that all stock Remarks were made by Hon. R. J. Lowry, J. Nor- cross, D. Mayer, C. H. Strong and a L. Redwlne, and the amendment adopted Ri port of committee, as amended, adopted. The Transportation Committee were appointed to lay the resolutions before Council. The Peach Cnor.—From all directions comes the acceptable news that the fruit crop, now b.yond the contingency of frost, gives promise of a most bounteous harvest We cannot let ths occasion pass without one word of encouragement and warm ing to onr friends. In 1968 several hundred thousand dollars was added to the wealth of this region by tbe sal® of dried peaches slo e While Ml due atte tion was given to cotton and corn, it was found ttat the women and children afforded ample supernumerary labor to att-md to this light employment, whose results were of such olid benefit to the country Let the farm* rs now emplo ev- ry 1- isur- moment In the preparation of scaffold*. fnrr*ees, shelters, * th other appurtenances as may be neces*«ry for the drying of this delicious fruit, always remem bering thaf thus prepared with care. It never fail* to command remun-rativ • prices. . Above a’l we cosnssl our fri- nds to refrain from turning this great Messing Into the 'liquid fir- s of damnation." Sent forward, to market a* dried fruit, it results in increased' wealth and b’essingtoth® country and to the fanner. Distilled, whether we re gard the meagre result in pecuniary profits, or the positive evils of its one, or the annoyance from revenue laws, it becomes an actual curse. We could never see how a consistent, high-minded Christian farmer could consent to adopt this course. Let the press of the country, from this time for ward, constantly urge our friends In the country to the saving of this vast crop of frnlt, an atteut on which wilt add msny thousands of dollars to the peck- a or a needv people. We Invite articles from sll sources in regard te the best and cheapest modes of drying peaches. Ice Manufacturing Company.—Mr. L. Nathans has been appointed gen ual superintendent of th* Atlanta Xcc Xanuftclnrln;: Company in place of W.W. Rhodes. The Summer Resort of Georgia—The Kimbaai. House— 1 Th* Famous Pox x dx Lion SrniN*.—We are informed ttat Mr. Crittenden has consented to improve Ponce de Leon Spring and its romantic surroundings, that it may be attractive to the guests of his hotel. In a very few days the Spring will be in good order, roads will be mads about the grounds, scats bo placed around the large forest trees on ths hill above the Spring, which will main It really the prettiest place about Atlanta. The road from the city to the Spring, which is about two miles, good, and, with tbe Improvements at the Spring, w’ll give onr citizens what they have never before tad, a delightful evening resort Mr. Crittenden will soon establish an omnibus 'In# the spring, leaving the Kimball house several time* during the day. This will be a great benefit to our citlaens as well as to the guests of the hotel. Al though Mr. Crittenden has made this a matter of bust- lu connecting the spring with his hotel, much credit should be given him by our citisens for the pleasure It win afford them and benefit It will be in brincing hundreds and perhaps thousands to spend the summer months Inonr city. Success to the Kimball House and. the .Ponce de Leon Spring. Keep Your Son* at Home.—I look npon board ins schools, whether for boys or girls, and boarding colleges, with tbe name feeling with which look npon a foundling hospital. Thongh of a lar ger growth, tbe Inmates are almost as unnaturally abandoned. Do the youth of Atlanta appreciate the privilege they enjoy of residing within the bosom of their families, while they prosecute their academic studies? John Locke thinks the Influence ef sisters and brothers on each other Is hurtful, and urges their rep aration, lest the gtrts should become hoidenlsh and the boys effeminate. This might do if our youth were to be trained np like those of Spar a, mere brn- tifh machines insensible to any gentler emotions than pride of warlike strength and u false love of country. But the caitivriion of the heart is above all. important to form the character of a gentleman, the friend of man aod the servant of God. Love should ever be the ruling principle of our nc* tun*, and, therefore, should be engaged in behalf of education. The softer and the stronger qualities should be developed together. Youth need a man's exomp'e and a man’s control. "To he alone" is good for neither sex. This Is true of their younger life as ot their maturity. Tbe tame female Influence which is the charm of manhood, softening our mannesa, not suffering us to be savage and selfish, must be Im. pressed npon tbe growing soul If w® would have its human beauty complete beaut/. Happy la the young man who has grown up In the society of sisters emulous of a mother's purity and grace. They refine his heart, his thought, his man- rs.' Groesnessot imagination recoils upon him as insult to them. Female character is to him, for their sakes, s holy thing. The flowers which they nurture sued a perfume «round hi* borne, and the r»do ies of thei' joy fiti the atmosphere with mu-lc, winning him from external temp'ationa, or as they lean upon his arm. and fondly look np to him for pro* tion, he Icam* tbe hles*e*’n«* o* man's atr n<jth in supporting tbe weak and guarding the precious. £iox*. Plantation Supplies. T AM p-rnared to furnish Planters with B con, Pn'k M«et, Lsrd, <’o n * ’at*. H*y, Fionr. Tobacco, Groceries, etc.. «»ntbe Octob- r and November acc* p- : nces • f Fir*t-cla*» hou* s in ttlanta. 'ujr'i«t or viwinah. 1 am «l*o furnishing supplies on crop lens, witn approved securi ty A. K. SEAGO, Merchart, mayl0-d&w2m Allan a. THE WORLD’S PEACE JUBILEE CHORUS BOOK. „ val. It is now in the hands of th* S0,0u0 tin- , who ure to compose the choir The music wss caiefolty selected by the MusicCnm- mittee. and the book will be a popular and useful booh for use In an MUSICAL eOCIBTIRH, aad should be.ln the bands of all in the audience at the ■''ollseum. It is the very best kind of Libretto 1?S Octavo Pages I DAYSTHAT# THE HOUR OF SINGING® By L. O. EMERSON and W. S. TILDKN, tas Wn adopted promptly, on examination, by a laig* number of teachers of EHgb Schools, for which Its happy arrangement of Theory. Krc-- ciscs, and 1,2, * and 4 part bongs, admirably adapt if. Price, $1 Capital Seng for Young Singers. MAUDIE AND THE BLUE-BIRD. The above books and songs sent, post paid, ®m re ceipt of retail price. Oliver ditson & oo., Boston. CHAS. H. DITSON A CO., New York, mayl—marcbfe-aprlt—Wed&SatdAwlj (xnmstimct print