Newspaper Page Text
3.
THE ATLANTA WEEKLY SUN.
THE DAILY SUN.
Friday Morning.... July 28.
SUN-STROKES.
J&g”' Greeley’s happiness consists in
discussing politics and “cussing” poli
ticians.
f? The defaultingFlorida postmaster
turns out to be a son of Governor Reed.
Rascality certainly is hereditary.
BgL. It is paradoxical, yet literally
true, that the three Republican papers
in Concord have not been in concord.
France makes paper of hop vines.
Is not that a dangerous kind of paper
for the newspaper business ? It might
bring them early to their bier.
There is said to be much “sick
ness in Boston.” Possibly, there is no
place in tho world where a sturdy epi
demic could exhaust itself with better
advantage to the human family.
Constitution, Code | the State the same right to prevent him also from
n^er h7mik«*ll T ^ w? l ,r‘l^? Semb y ^» v e enforcement of his claims in her courts, until
aud ordinances, consistent the taxes on thorn are paid?
with this Constitution, and not repugnant to It is said that it is export facie By reference to
the Constitution ofthe United States, which | the act itself ,-e flnfl C .Sr It"no
1W.1..11 a —.. .—Ti ■ ^ I uua me answer, it imposes no Washington uocsi
of the Stated n « W ^? C8 L pr0vid< !i no forfeiture. Ample time is M Moses, B D Rrana
« lDW ^nint of power, d-lcg&ti d by the I ullowcd—six months arc giygh within which this
people in convention to the Legislative branch of law may be complied with andaftera^onsiderat^n
the government, is as broad as the limits of the I ofthe whole casTwo havowme to
xtensive as the pubUc interest or pub- which I shaU now read as the judgment of this
lie welfare, in the opinion of the Legislature, may I court, in the case at bar J
demand. It is a right restrained in its terms by T -n tit n _ __ .
only two limitations: first, the Constitution of thoH ames B. Wallace va. William H. White
head—Relief Act of 1870.
Troup County—John T Boykin, John H Traylor,
WO Tuggle.
Walker County—T E Patton, M Bussell, Wm M
Bryant.
Washington County—Dr H N Hollifield, William
Wilkes County—T S Hunter, Robt Toombs Jas It
DuBose, Wm M Jordan.
Wilkinson County—J N Shensolson, Wm Taylor,
T Chambers.
Tlie Air Line Rnilron.il.
We are glad to state that there is a
MARIETTA FEMALE COL
LEGE. .
The yellow fever in Bueuos Ayres,
has given place to the small pox. A sup
ply of cholera is not yet laid in, but will
doubtless be on hand by the time the
small pox shall have been exhausted.
JG3?* St. Louis is happy. She is con
soled for not being elected as the place
for the National Capitol. She gets the
next best thing, as the next National
Democratic Convention is to meet there.
A good place for such meeting.
The Rochester, New York, Demo
crat, (Radical) referring to the silence of
the Maryland |Democrats, says “mu
the word. ” If the word had been Mumm
it would have brought over the Democrat
soul and body.
8@U The Boston Joumcd says “ a
Ku-Klux theory is needed.” Perhaps
the Journal has good reason to think so,
as tho correct theory that has been de
veloped by the Congressional Joint Com
mittee, is by no means suitable to the
purposes of the Radicals.
BgL, The definition of “carpet-bagger
given by the St. Louis Times deserves to
be embalmed in all the dictonaries. It
is as follows: “Radical vagrants who
have squatted like vultures upon the
leavings of the war, croaking of loyalty
between every swallow.”
JSSy-A bill allowing occasional exchang
es of pulpits between clergymen of the
establishment and other denominations
is to be introduced in the British Parlia
ment next week. Let the good work
proceed. It is plain the world will never
become religious until religion is legis
lated (?) into the people.
BSL. A Boston paper calls Butler “an
honest man.” It is understood that But
ler will immediately commence an action
for damages, upon the ground that that
paper is wilfully attempting to deprive
him of that qualification which, above all
others, fits him to be a Radical politician
and office-holder.
State itself, and second, the Constitution of tho
By reference to the Constitution of Georgia, the I COCHRANE, C. J,
power of taxation is declared to exist over the whole Where the Court below dismissed the i . . , „ ._
b£ te T^e I P^^’s action, under the provisions of | P ros P ec t of Wngthe mails carried on
no prohibition upon this exercise of the sovereign the a °t of 1870, for failure to file affida- Bus road at an early day. A proposition
^nne^i^td^Vutt^infriSmeS? o? ti£ 2& 1 ^ ^ ^ fr ° m aUtb ° rities of the road to the
social compact, if it then be conceded as a right tlie ie S a i taxes due and chargeable there- Postoffice Department was forwarded on
that the State has power to impose tax. it follows as OB. Utt ji ^ l «. 1 • , ,
a primary proposition, thatshe may also provide the Held that this nrovision of Aot of Wednesday last, which will doubtless be
means of their collection, and impose penalties ior-ri-u uianjjis provision OI Uie ACCOI | , , , , . , ,
upon all who may fail in their compliance with her j ^ d ls constitutional, and the Legisla- j ucceptcd, and the order given to place
legitimate demands, and the power therefore to im- tore of the State had the power under the the mails on the road, verv soon.
pose tax and collect the same, is one which can be I , , ’ J
questioned by no authority whatever; nor is it in '“ ,ous ' :i ration to pass such laws as was We are also glad to learn that the road
the province of tho courts to pass upon the wisdom I deemed essential to the public welfare, - i . ,, T , . ... ,
or policy of the Legislative acts, or restrain their and Courts have no right to restrain bv 1S doin 8 ' vvelL 14 does finite a large busi-
some^constitntioiSl povision. a L 3 * ' lolation ot I construction, the power delegated by the j ness in carrying passengers and freight,
we, then, go to tho Constitation of the United people in Convention, to the people’s There are four trains on the road between
States. Article 1, Section 10, Code §5023, cot tains I rpnrp^rt to ti vpq Iv . ^ • ... _ . .
the limitations of the powers of the individual u • it . ., - , _ here and Gainesville, and tlie receipts
tompayallUtemmtog
a»ti«>plLa b/,UeCtoverS Upentes-.mtwitestenatag the toe i.
the intent of the Legislature of Georgia, as to the 1 ment upon citizens, and it is not an im- only 53 miles long, and the business done
••an^[o“xtSnhel^of^toff^ F ail ^ el ^ f 0f ‘f 6 ° bli .S atbm of COntmcte L wholly local,
neut, as against debts contracted before the first dav I'fOr tne btate to reqnire the payment OI mu:.
Of June. 1865j and to deny ;to such debts the SdS such taxes due thereon, and to prescribe This success 13 due m a measure ’
the mode by which such payment shall to the great business capacity and finan
Act, so far us the Legislative declaration is concern- be proved, before her Courts and pro- ciyl skill of E. W. Holland, Esq., who
cesses S a , U be used *o en * orce claims has n ever touched anything which he has
simply in effect to compel parties to pay their legal u P on which taxes may be chargeable. rmt marie a success of To illnstmlp*
taxes chargeable by law, or declare the same to haw I Held again I H the failure to pay legal DOt ma “ ° ' ±0 lUUStrale -
to*, or mating affida.it tlmt tUoj bare H^Uas very wisely adopted a low rate at
of the legal officers, to enforce the contract or oblige- been paid, after six months have been charges for passengers and freights—Jow-
* °But it will be said this law is cunningly devised to by the Legislature for that pur- er than any road coming into the city,
afford debtors Bomo relief against the payment of P ose > works a failure of remedy by law mu are j ow enoucr h to urevent wagons
their debts, because Of the right of tho sute court to enforce contracts; such failure of I J-Uey are iow enougu to prevent wa 0 ons
ssssss*rSS”i “r.r dT a lhe j?!™"* 46 . r e f ,lt .°. ! the “°2 tro “,
state may impose a tax upon such claims. The uni- failure of the Darty to pay his legal taxes, with the road for travel, and marketing
bS’Sff 1 S'Sai^SSS1 01 1° ^“tfriwitb th. Uw. of th»Stote ; OI Wdgons and carte come into Atlanta
#tan.pa thatm. an. npon such contract, or promiB- a'ld sncb ratluxe of remedy so invoked Lj oaK by thesideof other railroads ct
Bory notes wiU be rejected in evidence, and the Uni- by the party himself, IS not an impair- I . , , , , .. , .
ted States Court, will not entertain jurisdiction. The ment of his obligation or contract ingmto this city, for forty miles, bnng-
iaw of fiongress has not prescribed for the dismission I T , , 0 a
of such actions, bnt wiU not allow the Federal! JUdment aflirmea.
Courts to enforce them; and such denial is not con
Honest Professor—Private Con-,
certs—Admirable Concert—
Transporting Accompaniment
Our Surprise—Quarrel Among
the Flowers—Prof. Freyer—
The College.
IKS 0 * A Washington paper has the fol
lowing demoralizing announcement: “If
anybody in this vicinity has ever sent to
New York after ‘queer,’ or counterfeit
money, they may be interested to know
that full lists of names are being made
out for publication.” It ought to be
published tinder the general head of
“Fools’ List.”
Tho announcement is made that
“the Council of the Daughters of the
Forest will hold a secret session on the
Ridgeroad of Philadelphia in the Sun
flower Moon. ” It must be confessed that
this stirs up ghostly apprehensions of
Ku Klux in crinoline; and the question
is, upon whom are their assaults to be
made? Alas! it is very much to be feared
that Congress will have to enact a law for
the protection of bachelors.
sidered an impairment of the obligation of contracts,
but arises'from tbc fault of the plaintiff in not affix
ing to the evidence, in the manner prescribed by the
laws of the United States to the instrument which he
brings into Court and invokes the processes of the
Court to enforce it the stamp or tax required by law;
and this general principle in the law shows that the
Legislative power of tho State or National Govern
ment has the right to prescribe not only the rules of
evidence in relation’to tbe payment of such taxes,
but to direct the dismissal of such suits as may faU
within the rules of evidence thus x<rescribod. We
are accustomed to take too limited a view of the great
powers which are legitimately in tho Legislative de
partments of the Government. While in theory the
other departments, judicial and executive, aro co-or
dinate, yet the people look to the Legislature as the
fountain of power, whose right it is to direct the ac
tion and enlarge or limit the powers exercised by the
others. The Supreme Court of the United States
may adopt rules to-day which the Legislature will to
morrow revoke, and this Court in its plenitude
of power is alike the subject of State legislation.
And when the Legislature, by the Act of 1870, pre
scribes that it shall be the duty of the plaintiff to file
his affidavit that all legal taxes chargeable by law on
contracts have been duly paid, and that he expects to
prove the same upon the trial, and upon failure to
tile such affidavit, the suit shall bo dismissed, it only
laid down a rule of evidence, incumbent on the
plaintiff, the neglect of which will result in the dis
missal of his suit, and this rule is in consonance with
the others equally arbitrary and equally disastrous,
if not complied with. Caso after case involving great
legal rights a few terms ago, were dismissed for non-
compliance with one of the rules of this Court, and
to-day, the failure to file a bill of exceptions in pro
per form and in proper time, or to furnish the proper
sriofs, would be visited with equally disastrous con
sequences. Mistakes in ificading or a misconcep
tion of duty would entail the same results. The Leg
islature prescribes tbe machinery of tho Court, the
mode and manner of bringing actions, the times
within which they must be brought, the rules of evi
dence governing them and the form in which they
must be presented—and we may hero remark that
great substantial changes have been made in the ju
dicial system of our State, which are recognized as
beneficial.
Much lias been said in argument as to the charac
ter of this legislation as being against the policy of
the Federal Constitution, which we do not feel called
upon to decide. By reference to the powers of the
General Assembly, we find they are invested with the
power to make such laws as they deem necessary to
the welfare of tho State; as to what may be tho wel
fare of tlie State, they aro constituted the sole
judges. Nor is this a new power, found only iu the
Constitution of 1863, but it is found in the other
Constitutions preceding it, and belongs to a scries of
Legislative acts, commencing with the great revolu
tion through which wc passed, and designed to pro
tect the people on the little that had been left irom
a disastrous war. It was considered proper and le
gitimate for the Legislature to save what could be
from the wreck aud ruin aud interpose its power
ing cotton ancl other produce, and carry
ing back family supplies—all this because
The Georgia State Agricultural I freights on tbe railroad are so high the
Society. farmers cannot pay them, and can lose
the time from their farms aud haul with
Below will be found a complete list of their ox carta c]ieaper>
Delegates appointed to the State Agri
cultural Convention which will assemble
on tbe 8th of August, in Rome.
Bartow County—Dr. S W Leland, Geo. H. War-
ing. Thomas Tomlin.
Mr. Holland has put the freights so
low, that a farmer in Gwinnitt finds it
to his advantage to put his bale of cot
ton on tbe train at Norcross, come down
THE RELIEF LAW.
Iinpoitaut Decision 'of the Su
preme Coart—The Law Sas
tained.
[Reported Specially for The Atlanta Daily Sun)]
Yesterday we published tbe Head
Notes of the decision of the Supreme
Court in a case involving the constitu
tionality of the Relief Law passed by the
late Legislature, in which that law is held
to be constitutional.
We take the earliest opportunity to lay
before our readers the full opinion of tbe
Chief Justice iu this highly important
case, that the legal fraternity and the
people everywhere, may seo the reasons
given for sustaining that law:
Janes B. Walker, )
vs. 5 Belief—Act of 1870-Baker
Wm. H. Whitehead. ) County.
LOCHRANE. C.J.
Plaintiff brought bis action for the recovery of
note due him from defendant. The court dismissed
the cast) on the ground that tho plaintiff had not
filed his affidavit, required under the second section
of the act of 13th October, 1870, and granted an or
der dismissing said action, which judgment was ex
cepted to.
It is contended that the act in question is uccon
stituticnal upon the various grounds which have
been argued and reargued belore this court, until
the path has both weakened down and the general
authorities become iamtiiar to every court and law-
yor. Iu the view which we entertain of this case,
it would be a waste of time to review these various
lists of authorities, which have been presented, in
relation to the infringement or impairment of con
tracts. This question has been adjudicated under
the previous acts, so far as principle and analogy
render them applicable to the case at bar. But we
do not think that the case arising under the act of
October 13, 1370, invokes any review of the princi
ples of these former decisions. The Legislature of
Georgia has declared by tho act in question that our
courts shall be closed to the enforcement of claims,
until tho legal taxes due thereon shall be paid, and
more than six months were allowed within which
parties plaintiff designing to use the processes of
court, should conform to the requirements laid upon
them. Had the State of Georgia, through her Legis
lature, the constitutional power to pass this act? If
she had, then this question is settled.
Beforo expressing an opinion upon this general
proposition, let us first see what the act does. It
requires a party, before using the processes of our
courts to pay all legal taxes chargeable by law npon
such claims. Need we discuss the general power of
the Legislature?
the way with bis oxen.
g SS _1Ili0rff D ™ ms ’ w H Hos ' on tbe train with it, sell it here, and re-
baldwin county—s j Kidd, B B Adams, l Car- turn on the train to Norcross, carrying
Banks County—Phi Delta Agncultural Society—3 his sack of Salt, bar of iron, and other
Batiks County—M Van Estes, James T Turnbull. supplies—all for less in money than tlie
WE E Sffih 5T7irrI-B F Whittiastoa. Wm Roberts, time> labor - wear and tear would amount
Bibb County—Capt T G Holt, Jr, Gen Wm M to in value if he should come and go all
Browne, Wm Lundy. 1
Bullock County—John Grimes, S E Grover, W A
Hodges.
Burke County—J J Palmer, E A Carter, E Gresh-
n.
Burrs County—Dr John G Elder, G W Thornton,
G B Elder.
Chatham County—Dr W H Chartres, J J Dale, W
W Holland.
Calhoun County—WW Colley, John Colley, C H
Davis.
Campbell County—O Winn, S P Steed, Levi Bal
lard.
Catoosa County—T M Gordon, A Graham, J M
Combs.
Clark County—Col. Frank Schaller, Dr K D
Moore. Prof LeRoy Broun.
Clayton County—J W Story, Robt McCord, J M
Huio.
Clinch County—T G Ramsey, S M Heitch J L
Sweat.
Pomological Society.
We understand that the above society
meets to-morrow for tbe transaction of
business. The precise, hour however, we
havenot ascertained.
The culture of fruits is a subject of
more than usual importance. The coun
try adjacent to this city is admirably
adapted to the growth of many varieties
Cobb County—Amos s way, c d Phillips, J a | Q f fruit, and we are pleased to see that
Bi saner, I 3 A _
powder Springs, agb’l soc’y—a c McIntosh, e more attention is to be directed to the
Crawford county—G p Cuivcrhouse, w s Ogle-1 subject hereafter, and that this society
has been organized under such favorable
circumstances. Every movement having
for its object the development of the
resources of the country should receive
tree, B P Moore,
Decatur County—Duncan Curry, Thomas A Bar-
row, John C Rutherford.
DeKalb County—John C Ragsdale, Simeon Smith
Wm M Reed.
Dooly County—J H Woodward, J S Toole, J E
Lilley.
Carey wS, C j°Kn Bobt HHjr *g H EVason « I the encouragement of our people. There
Early County—John B Mulligan, B L McIntosh, f s a great deal of money in fruit, and it
J °Efitcgham County—F Graw, E H Eahn, Amos F would be folly in US to refuse the gifts of
Elbert County—Emory P Edwards, James M j nature placed SO temptingly within our
reach. From this society we expect
Carter, J P Shannon.
Emanuel County—M B Ward, Dr John H SUerod,
against exactions by those who, with the process of I R J Pughsley.
the Courts, would have plunged the unfortunate deb- Floyd County—Capt S Griffith, Joel Branham,
tors still further into ruin, To legislate for the pub-1 Col T W Alexander.
lie welfare, which was a Constitutional duty of the Franklin County—T T Dorough, J B Estes, O C
Legislature, invoked the very h’ghcst degree of I Wyly.
statesmanship. With singular unanimity they and | East Point Agricultural Society—Col Robt
their successors have endeavored to preserve the Baugh,
public welfare and to protect the individual and save Fulton County—J C KimbaU, E E Raws on,George
what could be saved out of the unfortunate results of I Sharp, Jr. _
war. This last Act under review is more Constitu-1 _ Gilmer County—N L Cooper. Rufus Green, H R
tional as to the legitimate powers exercised under the
Constitution in view of tho public welfare, than the
legislative ordinance of 1866, which has been held by
this Court to be Constitutional. In Slaughter vs.
Culpepper, 33 Georgia Reports, page 27, this Court,
in construing the second Section of the Ordinance of
1863, aud iu replying to tho argument that this Ordi-1 tffi. Tyler N Peeples.
Foot.
Gordon County—W J Cantrell, W H Bonner, R
Garlington.
Green County—Thomas P Jones, Rev J Knowles,
W H Branch.
Gwinnett County—Eli J McDaniel, Thos H Mitch-
mucli useful information will be given to
tlie people, and from it we expect to date
a new agricultural epoch.
There is no place in the South present
ing a better chance to clever capitalists
to invest money in canning fruit, than
Atlanta. The enterprise would reach a
fortune to any energetic man. "We call
the attention of live parties to the fact.
nance was violative of tho Constitution of the United
States, which forbids any State from passing any law
“impairing tho obligation of contracts,” says: “We
cannot think this clause of tho Ordinance obnoxious
to the objection. It does no more, really, than change
a rule regulating the admission of testimony in
Courts of law.” “Who is prepared to deny,” says
this Court, by a unanimous decision, “that the Leg
islature may not, at its discretion, alter and amend
eld rules of evidence—establish new ? Who, that it
may not obliterate all distinctions which now charac
terize modes of procedure in Courts of law and
Courts of equity, and to command, if they so enact,
that the broad and liberal principles npon which jus
tice is administered on tho equity side of our Supe
rior Courts, shall apply to aud control the verdicts of
juries on its law aide?” May not the Government
then demand the paymont of the legal taxes due, be
fore its Courts shall be used for the enforcement of | der - Robert C McGough.
tTat.t. County—31R Coker, P F M Fears.
Hancock County—J S Newman, R B Baxter, Frank
White.
Harris County—R A Russell, R B Mobley. W J
Hudson.
Houston County—Col S D Killin, John H King,
James A Hill.
Fort Valley Agricultural Club—Maj J A Miller,
Rev S H J Sistrunk, J H Branham.
Jefferson County—Dr E H W Hunter, Gov H V
Johnson, J H Wilkins.
Jones County—Col E C Greer, Capt It W Bonner,
Sam'l Barron.
Laurens County—Dr Jas T Chappell, Elijah F
Blackshear, Rollin A Stanley.
.Lee County—Rev CM Irwin, G M Byne, G 31
Stokes.
Monroe County.—Geo W Adams, Louis LPon-
Presses for Sale.
such contracts npon which legal taxes arc due and
chargeable and to grant time within which snch
taxes shall bo paid and to prescribe the mode by
which such facts shall appear ? Away back of 1865,
we found the same principle of pnblic welfare incor
porated into the public acts of the State, finding its
expression in laws intended to protect the people
from the exigencies by which they were then sur
rounded. This series of enactments has no word of
import to vary the obligations of contracts, but sim
ply to impose new rules of evidence by
which the conditions arising out of the war
may ho established by testimony. The
condition into which the State was
plunged by tbe war invokes the same legislation for
tho public welfare. Slavery was abolished. Every
species of property had mingled in the general min.
The protection of property had been neglected by
the law. The crops were made contributory to the
Confederate Commissioners. Our people were
heavily in debt. Tho currency of the United States,
in which these debts might have been paid, was
prohibited circulation under a penalty, and nothing
was left undamaged, save the evidences of debt,
which had been regarded as worthless, while the
conflict was raging, bnt came to light by the restor
ation of peace, and which, by their enforcement,
would have leit the State of Georgia a republic of
paupers. We think the legislation proper, and de
manded by the public welfare; that it exhibits the
wisdom of the Legislature, and should be sustained
by the court, to protect the people from overwhelm
ing ruin. Unless restrained by the constitutional
Montgomery County.—John A McMillan, Dun
can J McRae, M D Hughes.
Morgan County.—Capt B H True, Thos P Saf-
fold, Col L W Pon.
Muscogee County.—Wm A Cobb, E S Banks, Jas
M Leonard.
Newton County.—Gen E L Thomas, Capt J G
Paine, Hon J B Davis.
Oglethorte County.—Pope Barrow, J H Bright-
well.
Pierce County.—B D Brantly, D W Weaver, J C
Nichols.
Colaparchee Club.—D B Searcy, J E Taylor, E B
Taylor.
Livingstone Farmers’ Club.—Alfred Livingstone,
Col E Steadman, S J Cowan.
Lowndes County.—Wm B 3Janaing, V F Dasher,
H B Holliday.
Lumpkin County.—Col Weir Boyd, Col M R Ar
cher, Dr M B Vandyke.
Macon County M L Felton, Chas A Walker, W A
Reese.
Miller County—J J Christie, Geo S Heard, F M
Platt.
McDuffie County—John R Wilson, Geo P Stoval,
W TO’NeaL
Milton County—Jackson Graham, A W Hol
combe, G. Brown.
Mitchell County—John B Whitehead, James H
Spencer, B F Brimby,
Farmers' Club—Geo H Jones, J J Thrasher,Moses
Richardson.
Muscogee County—Columbus Industrial County
Association—Col W H Chambers, Edward Stephens,
prohibition, they shonld be sustained on the ground Association-
of constitutional right; and in the case at bar. we Young. _ o r T
- • — - Pike County—J M Mitchell, Dr JS Lavender, J
L Pope.
have no doubt. As to this particular act, we think
the Legislature had the right to deny its processes
and tho powers of its own courts to all persons who
fail to pay the legal taxes due and chargeable there
on, and declare to the people what shall be the evi
dence that this is done, and wo confirm the action
of the court below, in dismissing the case. These
Polk County—M H Bonner, John O Waddell, A R
Jones.
taxes ought to have been paid to the Comptroller
General, and the party made affida; "
Putnam County—W T Young, J T Dennis, J T
DeJamett.
Quitman Cotnty—John C Pittman, T G Guerry,
J T Flewellen.
,vit as prescribed I Randolph County—Wm Coleman, O P Beall, Col
by the statute, and upon his failing to do so, and H H Jones.
filing the affidavit, it was only carrying into effect Richmond County—Geo A Oat.s, E H Gray, Gen
the plain prescribed terms of the act itself, to dis- j A B Wright.
miss the case and grant an order of dismissal. I Schley County—R*bt Benton, E S Baldwin, L E
Nothing can be clearer than that the contract shall Eason,
remain untouched. There is not a word of the act 1 Screven County—Capt J R Cooper, Geo C Dixon,
impairing the contract, nor is. the remedy provided J B Humphries.
by law denied. Both the obligation and the remedy | —Spalding County—James A Becks, H M Gray, G
are distinctly left as they existed, nor is there any
unreasonable burden imposed. The duty to pay tax
is one of the highest duties of citizenship known to
the Uw, and when any class of men evade their pay
ment, the act is not only in vioUtion of Uw, but im
poses upon others au additional burden of taxes to
makegood the default. We do not see why the
plaintiff or owner of the note shonld complsin. If
he has paid the legal tax due and chargahle thereon,
then he is entitled to his contract, and the courts
are open to him; but if he has not paid it, why
should thefgovemment open its courts to one who
has confessedly failed to comply with his duties as
a citizen, and has failed to pay his legal taxes due to
the State. If it is-a sovereign right to prevent the
citizen from voting, who fails to pay his tax, has not
One “Henry” Power Printing Press—
arranged for band or steam power—bed
33X47. The Sun is now being printed
on tbis press. It makes from 1000 to
1500 impressions; is strong and easily
managed, and with steam power, is
No. 1 press. It is new, having been
worked only 6 months. Price $1250.
Tbe “Acme” Press works a sheet near
ly as large as tbe “Henry,” at about the
same speed. Is tbe best country news
paper press built. It is new. Both these
presses can be seen at work in The Sun
Press Boom. Address
A. M. Speights,
Sun office,
Oar Subscription List
Kekxes-Vw House, Marietta, Ga.,
July 27, 1871.
Editors Sun : We had our atten
tion called yesterday to an unassum
ing programme which modestly an
nounced
COMMENCEMENT CONCERT,
BY
Prof. Henry Sciioeller,
Programme, efic., &c.
We admire the honesty of the Pro
fessor in making no effort to parade
before the pnblic a thousand attrac
tions which find their realization only
in the imaginations of some vaga
bond mountebank, and determined to
go. “ Fifty Cents Admission /’’ (We
would have given a dollar to see an
honest man).
We found the Hall even more
crowded than it was for several even
ings previous, when the Exhibition
was free; and at the close we were,
with many others, constrained to
say, “here is one man who means
more than lie says.”
Por, besides the regularly advertised
concert, there were
private concerts,
anonymous concerts (we might give
them names, such as “Cupid’s melo
dramatic love-chidiugs,” “Whisper
ings of Venus,” &c.,) starlight cha
rades, widower’s wooings, and various
others too numerous to mention, too
delicate to describe and too sacred to
publish.
The Professor, with the outmost
propriety, might have dispensed with
a number of the duets on the pro
gramme. The audience kindly vol
unteered to enact that part. Duets
were conspicuous in every part of the
house, in dark corners, behind posts,
beside windows, and in the moonlight.
These were the most interesting parts
of the performance—to the immediate
actors. They played in admirable
concert, but took no part in tlie
ADMIRABLE CONCERT
of Prof. Henry Schoeller, assisted by
Prof. E. L. Freyer, Misses Ida and
Maid Underwood, and the pupils of
Mr. Rogers’ school.
The first two parts of the evening’s
entertainment consisted of piano and
vocal duets and solos, airs on the vio
lin aud piano (by Professors Schoeller
and Freyer), and choruses by the
class.
II Bacio (the kiss), as sung'by Miss
Ida Underwood, was simply beauti
ful—an epithet equally-applicable to
the Bornean girl who sang it.
Venus’ Dances, piano and violin
by Profs. S. and F., was a musical
onomatopoeia representing by sound
the many labyrinthine mazes of the
dance. Prof. Freyer’s skill on the vio
lin is unparalleled in our experience.
There is a magic, it stems, that directs
his fingers.
“I would that my love”—duet by
the Misses Underwood—was greeted
with prolonged applauses by the au
dience. Some of tne sentiments found
their echo in the hearts of many a poor
yeoman, (if they were not too badly
shattered to reflect the sounds.)
Miss Zoe Rogers played “Perle du
Nord” with remarkable ease and much
expression.
“Come, Let us Cross Over the Riv
er” (Stonewall Jackson’s last words)
is a new air [solo and chorus] by
Prof. Schoeller, and was greeted with
enthusiastic demonstrations by the
audience.
At the conclusion of Part I, Mr.
Rogers announced to the young men
that they were at liberty to complete
that sentence addressed to all the
world (to them) which had experi
enced such an unfortunate termina
tion at the beginning of the exercises
(Ah! little did he suspect that the
sentence had been completed and an
other pronounced—a sentence of ex
ile !) Cheer up, hoys, there’s conso-
tion in the charity of the Lunatic
Asylum.
while the Misses U. were singing
^TwrifoflATi fA rtolATV ^ PATYl A YVOVCATi 0 173
munities were monstrous, and his
taste barbarous. His kisses were be
stowed with equal zest on the bare
anatomy of plaster of Paris, and the
blooming cheeks of Marietta’s fairest
maidens, who were not much inclined
to exclaim after his departure, “Pft,
I dare you back again /”
THE QUARREL AMONG THE FLOWERS.
a new cantata for eight performers,
was performed with success by Miss
Ida Underwood, Miss Lillie Wyly,
Miss Mary Thomas, Miss Ella Mace,
Miss Ada Rogers and three others
whose names we did not learn. A
quarrel is always interesting; when
among flowers it is quite novel, but
when earned on in song of silvery
voices, the charm is irresistible, and
converted us forthwith into a hearty
advocate of that innocent amuse
ment. Miss Ida U. was dethroned
and again reinstated amid the enthu
siastic joy of all her fairy subjects.
At the earnest request of many citi
zens, aud visitors the concert will be
repeated this evening at 8 1-2 o’clock.
ROF. FREYER
favored tlie audience with many fa
miliar airs during the interludes,
snch as “Coming through the Rye,”
“Dixie,” &c., and at tlio conclusion
was loudly encored.
In conclusion we beg to recom
mend to the public everywhere, the
Marietta Female College. Mr. Rog
ers, the principal, is one of the most
finished scholars in the country, and
as a teacher, we know him to be un
surpassed. Had he three hundred
students he would. deserve, thepi all.
The progress and profic ; ency of his
pupils are remarkable. The site of
the College, on which they will soon
erect commodious buildings, is one
of the most eligible in the country,
and the climate and society are all
that could be desired. Success to
this institution. Of it, its students
and and professors and the hospitable
citizens of Marietta, we hope to see
and say More Anon.
Is rapidly increasing, for which we re
turn thanks to the public. We shall do
all that we can to make The Sun worthy
of support—worthy of the patronage and
good will of the great mass of our peo
ple. The evidences of popular approval,
thus far, have been gratifying to us.
Yesterday we received forty-three new
subscribers; and within the past two
weeks we have received over four hun
dred new subscribers.
We have no desire to boast, but think
proper to state tbe fact, that the people
are rallying to our support.
To Printers.
Twelve newspaper chases, suitable for
papers from 22x32 to 24x36, will be sold
cheap. Address
J. Henly Smith,
tf. Business Manager Sun.
WASHINGTON.
Cabinet Officers On a Visit to IVashlnt-lon—
Jtussian Consul at J\'ew Vorli—General Jfohn
B. Gordon Before the Ku-Ulttx Hunters—In
teresting Tostimony.
Washington, July 27.—Secreta
ries Fish and Belknap and Postmas
ter General Creswell are here.
The President has recognized Wal-
demar Bodisca as Russian Consul at
New York.
General Gordon was examined be
fore the Ku-Klux Committee to-day.
His testimony generally was corrobo
rative of that of other conservative
witnesses. He said he knew of no
Ku-Klux as tli§y were described in
tlie papers. He lia<7 been invited by
the best people to join in an organiza
tion which is purely for self protec
tion, and used no disguises. Under
the lead of bad white men a rising
of the negroes was apprehended,
which, without some organization on
the part of the whites, might he dis
astrous. The organization lie alluded
to was not political and was not used
foi\political purposes.
The negroes, he said, did not essen
tially sympathize with the Republi
can party. They had equal interest
with the whites in a good Govern
ment. Alienation, on the part of the
people of tlie South, against the Gov
ernment, had been increased since the
war by Radical measures, which they
regarded as great wrongs, as well as
military arrests, without warrants, or
charges, and the trial and imprison
ment of innocent men. He did not
feel that he, or any of the Southern
people, had committed treason.
The Evangelical Alliance Commission
will have an interview with the Czar next
week.
W Grant, S W Bloodworth, R P Johnson.
Stewart County—John 31 Scott, J B Richardson, i
BF Watts.
Sumter County—W B Guerry, W J Reese, T D !
Speer.
Talbot County—L Maxwell, B Leonard, Thomas
Lnmsden, J B Gormans.
Tatnall County—Jas O Esterling, C W Smith, Dr
R F Lester.
Terrell County—D A Cochran, John B Marshall,
31 L Harp.
Thomas County—John G Deice, E T Davis, John
Himbleton.
South Georgia Agricultural and 3Iechasical [ Alabaster,
Association—B F Hawkins, B B Moore, W D Mitch- Cherokee, «
ell. - '.Alabama, -«♦
LIME.
The stock of lime is not near equal
to the demand. Orders are in for at
least twenty tons of Ladd’s Hydraulic
Lime more than can be supplied imme
diately. MTe quote:
Hydraulic, per bus C0c.
S1.00
60@55c
Invitation to Galop,” some persons in
the back part of the hall were sud
denly impressed with the propriety of
the invitation, accepted it and depar
ted double-quick, terror-stricken from
the perils of a breaking tench.
1! (Just here we beg to return, in be
half ofthe audience, their thanks for
the '
TRANSPORTING ACCOMPANIMENT
to the musical performances volun
tarily tendered by the mills, locomo
tives and steam engines in the vicini
ty. It was voluntary, unexpected,
spontaneous, uncalled for, and there
fore lent an additional charm to the
efforts of the young amateurs.)
We wish to notice an indiscretion
on the part of the manager. We are
not very proud of our distinction as
a member of the press, but neverthe
less are a little jealous of the privi
leges coincident with such a connec
tion, and we dislike for them to be
infringed upon. Imagine
OUR SURPRISE
and chagrin when we observed that
a hat had been presented with a com
plimentary ticket, and was wander
ing about the Hall making reports
(with his wiugs against the wall) with
a facility that defied the skill of the
most expert phonographer. His im- *
The Culture of Flowers.
We are glad to notice a growing taste
among our people for tbe culture of flow
ers. Nothing can be prettier than to see
the cottage of the mechanic and artisan,
or the mansion of the wealthy, adorned
by beauteous floral growth. Flowers are
so connected with the sentiments, and
suggestive of love and purity, that their
presence cannot but exert a purifying in
fluence Let every householder adorn
his house with the fairest of flowers, and
not only will he beautify his residence,
but he will feel better for it.
The First Cotton of Crop 1871.
The first bale of new cotton was re
ceived in New Orleans yesterday from
Texas.
And a later dispatch from Baltimore
says that a bale was received there yester
day—classed as middlings, and sold at 27
cents.
LaGrangc Female College.
(Hie attention of our readers is respect
fully asked to the advertisement of Pres
ident L F. Cox, of the Southern Female
College, in our paper this morning. It
is one of the most popular female colleges
in the country, being one amongst the
oldest in the Sonth or elsewhere. We
shall say something further of this college
in a day or two.
One Rev. Mr. Boardman conceiv
ed the idea that it would be quite the
thing to hold a prayer-meeting at the
gate of the Saratoga race-course. The
young men of the Christian Association
were induced to promise to help him. The
hour came and Mr. Boardman—but alas I
the young men had been there and had
g 0ne in to see the races. Tho Rev
erend gentleman went home laboring un
der the impression that he had led them
into temptation.
