The Weekly sun. (Atlanta, Ga.) 1870-1872, December 13, 1871, Image 3

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THE ATLANTA W E E K L Y S U N. [continued on page 2.] ie Convention, which assembles in this city to-morrow, and providing for the adjournment of this House from to-day over until 9 a. m. Thursdny. • Mr. Bacon offered a substitute provid ing for taking a recess from Hi o’clock A. M. to-morro t until 7 P. M. The sub stitute was adopted. The bill to make penal the Bale of ag ricultural prodncts between the hours of sunset and sunrise was read the third time. Messrs. Griffin of Houston and Davis of Clark opposed it. Various amend ments were offered. Mr. Johnson of Spalding moved to lay the whole matter on the table. On fin's motion the yeas and nays were called. Yeas, 78; nays, 55. The Committee on Privileges and Elec tions reported on the case of Mr. Tarver of Baker, declaring that from the law and evidence, it is the opinion of said Committee that Mr. Tarver is a citizen of Baker county. •• 1 lvi On motion of Mr. Phillips the report was taken up, and on motion of Mn Simmons of Gwinnet it was laid on the fable. A report of A. B. Woodruff, an Arch itect, on the safety of the Capitol baild- ing, was read. This report says that the building is safe under ordinary circum stances, and recommends some changes, such as the removal of the library to a lower floor, and the removal of the water tank from its present position. Bill to incorporate the Merchants’ and Mechanics’ Saving Bank of Columbus; passed. Bill to promote the propagation of shad fish in the Savannah river wa3 read. Mr. Bawls moved to strike out Monday from the clause of the bill which prevents fishing on Sunday and Monday. Mr. Bawls’ amendment was lost. The bill was then passed. Bill to incorporate the Macon and Chattahoochee liailroad Company passed. The Governor approved the act to change tho line between the counties of McIntosh and Liberty. The House adjourned until 3 p. si. AFTERNOON SESSION. House met at 3 p si. The following bills were read the third time and passed: To authorize the construction of a rail road from Elberton, Georgia, to intersect the New York and New Orleans Air-Line Bailroad; to authorize the corporate au thorities of Daltou to purchase and do- nate lands to the Selma, Borne and Dal ton Bailroad Co.; to change the time of holding Worth Superior Court; to more effectually protect religious worship; to incorporato the town of Tilton; to require the Tax Collector of Ware county to receive county scrip for taxes, to prevent the hounding and killing of deer in the counties of Talbot, Marion, Taylor and Laurens in certain months. A message from the Governor was re ceived, saying that the act to exempt firemen from jury duty and a resolution providing for the arrest of certain parties had been approved and signed. A sub stitute for the bill to extend the juris diction of * the City Court of Augusta, passed. Bill to authorize the Ordinary of Randolph county to issue bonds to build a court-house, passed. Bill to au thorize the sale of personal property at any place within tho limits of Milton county, passed. Bill to authorize Cal loway Campbell, of Murray county, to erect a mill dam across Connesauga river, passed. To allow persons to make tax returns to Clerks of the Superior Court in cer tain cases; passed. To regulate the system of farming out Penitentiary convicts, laid on the table. To require ull declarations and defenses in causes at common law to be complete at the first term was read. Mr. McMillan moved to disagree to the report of tho committee, which was adverse to the passage of the bill. He argued that the present practice of allow- 'ing amendments was calculated to delay the udiinimtraiiuu of justice. Mr. Pierce said that the bill proposed to place the case where it stood at com mon law. Mr. Huge, Chairman of the Judiciary Committee, said that he was never better satisfied with any report of of his com mittee, and hoped tho report would be adopted. The report was adopted and the bill was lost. To refund to Charles Latimer certain erroneously collected tax; lost To lay out a new county from the counties of Coweta, Meriwether, Spald ing nud Fayette, to be called Waddell, was laid on the table. To ameud the usury law so as to make it lawful for persons to charge and collect 10 per cent, per annum, and to fix the rate nr. 7 per cent, when no rate is men tioned, was read. Mr. Hunter moved to disagree to the report of the committee, which was ad verse to the bill. Mr. Hoge said that he thought the re port was adverse on account of the pend- iug Senate bill to repeal the usury law; but since tho latter bill had been indefi nitely postponed, ho believed the major ity of the Committee would favor tho bill. Mr. Hunter’s motion prevailed. Mr. Fain called the previous question, which was sustained. Oh the passage of the bill the yeas and nays were called; Yeas 85; nays 49. Mr. Simmons of Gwinnett moved to transmit the bill immediately to the Sen ate; lost. House adjourned until 7 p.m. Those who were in favor of the bill urged that the law is used principally for levying black mail. On the motion to disagree to the re port of the committee, the yeas and nays were called. Yeas 63; nays 69. The bill was then passed. To change the line between the coun ties of Warren and McDuffie; passed. To alter the road laws so far as they relate to Bibb county; passed. .« House adjourned until 9 a. m. to morrow. 3 T E L EG BAMS Charleston, December 5.—la the Ku- Klux trail ut Columbia yesterday, Mr. Stanberry, for the defense, moved to quash the indictment against Crosby and others, upon these, among other grounds: That tlienaine’of the'persous indicted are not mentioned in the indictment; that the grand jury had decided as to.the law, instead .of the. facts; .that the indictment was defective iu stating the deprivation of the right "to vote as taking place at a future date as the United States Consti tution and law do not secure to any citi zens the right to vote, and that the State, and not the Federal courts, must redress such personal grievances as those com plained of. Stanberry argued two hours in support of his objection. Counsel for the Government, asked for, time, and re replies to-morrow. Messrs. Chamberlain and Corbin, for the Government, made elaborate replies to Stanberry’s argument yesterday—the main point of both replies being that the indictment was drawn in the exact words of the Congressional Statute, andj was, therefore, patent. Bcverdy Johnson will begin the dos ing argument for the defense, on the motion to quash, at 10 to-morrow. Selma, Nov. 5.—The Agricultural Con gress met in this, city to-day. Delegates from Kentucky, South Carolina, North Carolina,. Georgia, Tennessee and Ala bama were present, and ethers are still arriving. An important session is an ticipated. The hospitality of the city has been extended. General Lawton, of South Carolina, will address the Con gress at 11 o’clock to-morrow. Louisville, December 5.—Dorsey’s stallion, Gold Dust, is dead. He was valued at §50,000. The Kentucky Legislature has con vened. No organization. St. Louis, December 5.—The river is choked below. The ferries here stopped. > Annapolis, December 5.—The jury in Mrs. Wharton’s case was completed to day. < Omaha, December 5.—The eastward trains are now bound atElm Creek. Two engines bave been sent to their assist ance. They are either off the track or disabled. The snow is severe all along the entire track. The mercury was six teen degrees below yesterday morning. New Orleans, December 5.—The Sec ond District Court decides that Mrs. Gaines is not the legitimate heir of Da vid Clark nor Ms universal legatee, and revokes the probate of Clark’s will of 1813, probated in 1855, as invalid. Mrs. Gaines relied mainly on this will to sub stantiate her claims. THE DA^Y SUN. Thursday, December 7, 1871 The Supreme Court of Georgia Once More. In pur last article upon this subject, we indicated a purpose to recur to it again, and especially in reference to the proper mode of filling vacancies as they occur upon the Bench. This highest of our Judicial Tribunals, important at all times, is rendered vitally so by the present struggle wMch is going on between Law and Order on the side, and Usurpation, Lawlessness and Public Plunder on the other. If the Su preme Court shall be composed of Judges whose ability, inteqrity and courage will command the respect and confidence of the country, all may yet be well. If the Legislature can, without delay, give us such Judges in a perfectly legal way, and shall fail to do so, they will beheld re sponsible for all the incalculable evil con sequences of the failure, The crisis is dangerous only as there is danger that it may not be wisely met; and in every crisis of danger, the Mghest courage is the highest wisdom. The course of safety is to follow, unflinching ly, wherever duty and law shall point the way. In addition to what we have heretofore said, and on further investigation of the subject under consideration, we affirm that there are now two vacancies on the Supreme Bench, aud that it is the duly of the General Assembly, under the law, to fill them with men of their own choice. Oae of these vacancies occurred by the resignation of Judge McCay (who resign ed to get increased pay under a new ap pointment), and was reappoint3d ky Gov ernor Bullock, with the advice and con sent of the Senate. We hold that this reappointment expired at the meeting of the present General Assembly; for the advice and consent of the Senate has nothing to do with filling vacancies on the Supreme Court Bench, as we have con clusively shown; and the Governor’s ap pointment for that vacancy lasted, under the laic, only till the meeting of the pres ent General Assembly, whose duty it now is to fill the unexpired term by an elec tion. The other of these vacancies occurred t I by the resignation of Jndge Brown. He r ^° com Pen3ate Jurors in Crawford; resigned twice: the first time, like Judge « i- , McCay, to get increased pay under anew ties of CatSosa aVrWMker°mSd COnn ' a PP ointment; and tlie second time > to To regulate the pay of Jurors iu the! charge of the State Road under the county of Newton; uassed 1 ~ To require the Tax Receiver to take NIGHT SESSION. The following bills wore read the third time: To repeal the act consolidating offices of Tax Collector and Tax Receiver for Dade county; passed. For relief of B. Chaucey of Early county; passed. To incorporate the town of Dublin; passed. To lay out a new county from the coun- ty of Jeflerson; laid on the table. Senate bills were read first time: The circumstance that Judge McCay’s reappointment was made with the advice and consent of the Senate, and that Judge Lochra lie’s Appointment was not so made, cann.-.t make the slightest difference be tween the two oases. It is certain that both these offices were vacant, whatever they may be now; and w© say that they are both vacant now, because the uuex- pired terms have never been filled in the mode required by law. Oar argument, in our issue of the 29th nit, as applied to Judge Lochrane, is equally applicable to that of Judge Mc Cay. 1 It has' not betm. answered—we are bold to say it will hot be. The objec tions which were made to it, by our co temporaries, the Augusta Chronicle and Sentinel, and oar neighbor the Constitu tion, in their issues of the 3d insfc., and to which we replied "briefly on the 5th, are founded on obvious inattention to the very terms which they quote from the Constitution of the State, and from the Code, and npon a vital mistake of fad. They both fall into the same error of fad, jo. stating that ’section 202 of the Code, in relation to filling vacancies, so far as concerns the Supreme Court Bench, went into operation under a Constitution which made election by the General As sembly the mode of filling whole or en tire terms of these offices. On the con trary, thel.very reverse of this is true.— The Code went into operation under the Constitution of 18G1; and that Constitu tion and the present one are identical, not only as to the mode of appointing Supreme Court Judges, for ©nitre terms, but also as to the mode of filling vacancies, with the single excep tion that the Constitution of 1861 re quired the appointment for whole terms, to be made with the advice and consent of “two-thirds of the Senate,” instead of, with the advice and consent of a bare majority of the Senate. The fact, when correctly stated, throws a flood of light on the question under consideration.— Our cotemporaries have probably mista ken the intervening Constitution of 1865, for that of 1861. They both maintain that Section 202 of the Code is inconsis tent with the present Constitution, which provides that Judges of the Supreme Court “shall be appointed by the Gov ernor, with the advice and consent of the Senate.” If so, it was equally incon sistent with the Constitution of 1861, which provided that Judges of the Su preme Court should be “appointed by the Governor, with the advice and consent of two-thirds of the Senate ! But where, as we aske 1, iu our article of the 5th inst., is the slightest inconsis tency between the language of the Code, and either the Constitution of 1861 or the present one of 1868 ? This provis ion, in both of the Constitutions, re lates solely to original appointments, or those for whols and entire terms. Close attention to the language will show, that if it relates to the filling of vacancies, then we have the very inconvenience, not to say calamity, which is most erro neously charged as a consequence of our construction; for, in the event of two vacancies occurring in the recess of the Legislature, we should most clearly be without a court: in other words, a vacancy can never be filled in a recess of the Leg islature. They say that because of this provision the appointment must be made by the Governor in all cases, whether it be for a whole term or only for a vacancy, Our neighbor of the Constitution, puts it thus: “It is as if the Constitution had said, no man shall be Judge unless he is appointed by the Governor." "Why lay so much stress on the Gover nor, and none at all on “the advice and consent of the Senate ? ” "Why not equally well say—“It is as if the Consti tution had said, no man shall be Judge unless he is appointed with the advice and consent of. the Senate ?” Would this provision be any more violated by an eledion than by an ap pointment wilho’ui the advice and consent of the Senate? If this provision pro hibits the filling of a vacancy by election of the General Assembly, does it not equally proMbit the filling of a vacancy by appointment of the Governor without the advice and consent of the Senate? With that view, has Judge Lochrane any rightful claim to the office whatever? Is he not upon the Bench without any rightful authority ? Is there any possi ble escape from this reasoning, if .the as sumption of our neighbor be correct? We agree with both of our cotempo raries, that the appointment of Judge Lochrane was legal when made, but not on their views of the Constitution. It was legal only because the'particular pro vision of the Constitution now under consideration—that on which thoy rely for the legality of his appointment—has no sort of application to the filling of va cancies, or the circumstances under which he did oome rightfully into office. He came in under another clause wMch provides for filling vacancies. Let us now put another test of the alleged inconsistency between the Code and the Constitution. When are two things inconsistent? It is when both of them cannot stand together; when both cannot be true. If the Constitution, after saying that the Judges of the Supreme Court shall be appointed by the Gover- and have full effect, one being in the j perpetuation of’ their ill-gotten power. I Constitution and the other in a Stat- The rescue of this Department is, of it- ! ute? If there is conflict or inconsisten-j self, likely soou to secure that of the j cy between the two tMngs, is that con- Executive also; for the crimes of the I flict or inconsistency any the less intense late incumbent of tho Gubernatorial I or conspicuous by placing the two conflict- i Chair were so numerous, so great, so fla-1 ing things in immediate proximity with j grant, that, by self-confession, his only J each other in the same instrument? If j safety from condemnation and punish-1 ' 300 ^ as n future President, thoy were so placed, would not the ment lay in “flight and escape from all I *©■ meaning of the whole plainly be j investigation into his official conduct by j that the appointment by the Gov ernor, with the advice and consent the true Representatives of the people. It is only by continued like resorts; on of the Senate, was applicable only to j the part of the people, and their Kepre- original appointments, or those for whole! sentatives, that the good old State, under terms; and that diction by tbe General, the Providence of God,{will, ere long, be, Assembly was applicable to the filling of I iu like manner, completely disenthralled vacancies<? Is it not equally clear that 1 and redeemed in every Department of her with tax returns the number of acres of land cultivated in cereals; passed.) To reduce the bond of the Sheriff of Banks oonnty; passed. To repeal the bastardy laws of this State was read third time. Mr. Bryan moved to disagree to the report of the committee, which was in favor of the bill. Lease. After his second resignation (wMch I nor, with the adveie and consent of the occurred wheu the General Assembly Senate, had added, “but vacancies may was not in session), Judge Lochrane was be filled by eledion of the General As- appointed in his place by Governor Bol lock: aud this appointment, like the reap pointment of Jndge McCay, expired, under the law, at the meeting of the pres ent General Asserab.y. sembly,” would it have occurred to any body that there was any inconsistency be tween the two things ? If both can stand together, and have full effect in the Con '.stiiution. why cu:not both stand together SUN-STROKES. £Sr“ Tho President appoiuteth “a cheerful giver. ” 111 boats are in an ice fix on the on the Hudson Canal. 1KJU The flattest thin # out—T om This is tbe season for They call ’em sausages. ground the Constitution, as it now stands, pro vides one mode for filling whole temns, and another mode for filling vacancies, or pails of terms ? What effed is to be given to that other provision of the Constitution, wMch de clares that, “When any office shall be come vacant by death, resignation,- or otherwise, the Governor,”i(uot with, but without, the advice and consent of the Senate,) “shall have power to fill such vacancy, unless otherwise provided by law?" Is it possible that any oue will maintain that this provision has no application to Judge of the Supreme Court, because different mode of appointing Judges of the Supreme Courtis provided in another part of the Constitution ? Then, can it be applicable to County Officers, who, by the express terms of the Constitution, are to beeleded by the People? If not to such officers as these Judges, and others, then to whom can this pro vision have any application at all ? If it is applicable to vacancies in any offices whatever, then why is it not equally ap plicable to vacancies in tbe Supreme Court ? Shall we be told that where eledion by the people is the mode prescribed by the Constitution for filling whole terms, va cancies may be filled by the Governor, if there is no provision by law for filling them, and may be filled according to the provision of law; when there is such pro vision; but that when appointment by the Governor, with the advice and con sent of the Senate, is tbe mode pre scribed by the Constitution for filling whole terms, vacancies can not be filled by the Governor, if there is no provision otherwise by law, and can not be filled in accordance with the provision by law, if there is such a provision ? Can further argument be needed to show that in the case of Judges who are ap pointed by the Governor, with die advice and consent of the Senate, just as in the case of County Officers who are elected by the people, the mode of appointment or election specified in the Constitution, is applicable to whole terms, while vacan cies are to be filled by the Governor, if there is no provision by law for filling them, and to be filled according to the provisions of law, where any such law ex ists? When there is no provision of law on the subject, then appointment by the Governor alone, without any concurrence of the Senate, is the sole mode of filling vacancies on the Bench, and when there is provision of law to meet the case, then that is the sole mode. With our existing provision of law for filling vacancies in the Supreme Court, a Judge appointed for a vacancy by the Governor, with the advice and consent of the Senate, would be, or rather is, (for we have the actual case) an unconstitu tional Judge,, just as another eleded for a whole term by the General Assembly would be an unconstitutional Judge. On the other hand, two Judges elected by the General Assembly to fill vacancies would be as much constitutional Judges as another is, who was appointed for a whole term by the Governor, with the ad vice and consent of the Senate. The door is open. The duty is plain. If the Legislature shall refuse to dis charge that duty, and throw away the present opportunity to inaugurate so great a reformation in the reforma tion of Justice, they will make them*- selves largely responsible for the evils and wrongs which must ever attend the official abuse and perversion of the laws among a free people; We are for law and order in all things. Even in righting the great wrongs heaped upon us, and in rescuing our State from the hands of the spoilers and plunderers who have trampled npon our liberties, and devoured our substance, we are for resorting solely .to the instrumentali ties of the organic law, as they them selves made it. They overturned our entire system of State Government—Ex ecutive, Legislative, and Judicial Depart ments—by open usurpation—backed with bayonets. We propose to. restore peace, quiet, law, order, and the right ful administration of Justrice through the primary medium of ballots alone. These are sufficient for our ultimate riddance from the terrible misrule under which we have suffered, if we shall but prove true to principle in the maintenance of right. These clearly legal and constitutional instru mentalities are weapons wMch no people who are fit to be free, will fail or refuse to wield for their protection and security, whenever and wherever occasion calls for their use. It was by resorts of this character, with an unfaltering firmness, an patient forbearance, unsurpassed in history, that the Legislative Department of the State Government has been [rescued at the pods, and that, too, through the tribula tion of the most iniquitous election law ever concocted by wicked Rnlers for the Public Affairs. The people have done their part thus far. Will their Represen tatives do theirs with equal nerve, integ rity and Patriotism ? A. H. S. ; — The Democratic Nominee for Governor. The Hon. James M. Smith of Musco gee, Speaker of the House of Representa tives, was yesterday nominated by accla mation as the Democratic candidate for Governor. He was bom in the county of Twiggs, of honest and poor parents. At an early age his father removed to Culloden, in Monroe county, where the subject of this notice obtained a limited education at the village school. At all spare times, however, he devoted himself to study, and read everything within his reach.— He took part in the village debating society, and his gifts as a speaker were so striking, though a mere boy, as to at tract the attention of his neighbors, who urged Mm to read law and apply for ad mission to the bar. This he did, and entered the law office of the Hon. L. T. Doyle, then of Culloden, but now a resi dent of Griffin. Mr. Smith was soon admitted to prac tice, and in a short time obtained con siderable business. He subsequently re moved to the adjoining county of Upson, and soon rose to distinction in all the counties of the Flint Circuit. It should be stated that during these years he was a close student, and that he did not confine his reading to the law; but extended it to all branches of useful knowledge, and is now one of the best in formed men in the State of Georgia. The county and Congressional District in which he lived were strongly Whig, and though he was more than once called upon to lead a forlorn hope in the Con gressional contests, he was never elected. Mr. Smith was opposed to the seces sion movement; but the war came and he cast his lot with his friends and neigh bora, and led the old Thirteenth regiment in the battles around Richmond in 1862 He was disabled in the fight, but contin ued to lead his regiment until after the battle of Gettysburg. At the next election of members to the Confederate Congress, he was chosen by a large majority, and remained at Ms post until the close of the struggle. Upon the cessation of hostilities, he resumed the practice of his profession, and in 1867 went to Columbus, where he now resides. At the State election last winter, Mr. Smith was elected by a large majority a member of the Legislature, though much opposed to entering upon public life. Upon the assembling of the Legislature, he was made Speaker of the House, and yesterday he was nominated as the Democratic Candidate for Gov ernor. Mr. Smith is in the prime of life, a man of eommarding person, a forcible speaker, of robust honesty and devotion to principle, conservative in his senti ments, and a great favorite among the people from whose vigorous loins he sprung. He is somewhat shy among strangers, and has no taste for public life; but the people have forced Mm out, and we trust and believe he will soon be Governor of Georgia. 1*55°“ The editor of Godey's Lady's Book is 84 years old and still Sarah J. is Hale. Brownlow has arrived in Wash- inoton, in improved health. “The good,” &c. Grant has been President not quite three years, and is worth only a million of dollars. Trumbull and Tilden for Presi dent add Vice-President, is tho'" latest conceit of the New York Sun. lf5y*“‘Tke Divine Tragedy” is the name of Longfellow’s new poem, which Jos. B. Osgood & Co. have just issued. JJgf'Teunyson’s “Last Tournament” is published iu full iu tho Loqisville Ledger of Monday. There is about a thousand lines of it Pleasanton, is preparing to have his case laid before the Senate. He thinks ho can make some strong points ;ainst Boutwell. “The philosopher’s stone—Sena- ca.”—Boston Post. That is possibly the first time it was ever intimated that Grant is a “philosopher.” The Boston Post announces that ‘more whisky will be distilled tMs year than last.” The G.-J. lifts its emaciated head and whispers “will it be Bourbon?” The cold weather has had a bad effect upon the mails. They have be come very irregular in their habits.— Those from the East fail oftener than they'come on time. H. G., the national farmer, was applied to for a remedy for “scratches” in horses. “Pare their toe nails close,” responded the renowned agriculturalist, ‘and they can’t scratch any more.” BcS- It is stated that an order has been issued by the Internal Revenue Bureau, at "Washington, that “board, lodging and washing must be paid for ou demand, or that the employee be deemed unworthy of holding any place of trust or profit under the Government of the United States.” Speakiug of the speculative ten dency of our foreign ambassadors, but most especially of “Emma” Soheuck, the Litchfield, Connecticut, Sen'iueloilers an apology for them by saying: “Having been obliged to buy their positions, it is no more than fair that they should be al lowed to engage in some business or speculation to get their money^fiaek. If an official position has a money value, why not use it to get money ? Shall our Chief Magistrate be allowed to receive houses, lands, libraries, horses, dogs and greenbacks, and a diplomatic agent be forbidden to feather his nest ? Surely not; and General Grant will do the man ly thing by retaining Mr. Schenck in office.” A RAILROAD TO ELBERTON A. Matter of Special Interest to th.e Peo- pic of Atlanta and to tbe Air-Line Railroad. We invite special attention to the com munication of “Elbart” in *our paper to-day. The people of Atlanta and the Stockholders of the Air-Line Railroad, it seems to us, should be deeply inter ested in the matter presented. Elbert is a wealthy county. A very large amount of cotton, as well as other produce, is made there. The people are extensive purchasers of merchandise, and the trade of the county is very large. All this trade goes to Augusta, and Elbert is one of the heaviest patrons of the Au gusta Market. Elberton is thirty miles from the Rail road, at the nearest point—Lexington.— The people have long desired the Wash ington Branch of the Georgia Railroad to be extended to Elberton, but its con struction would be very expensive—espe cially in the cost and difficulty of cross ing Broad river. A branch of the Air-Line could be built at comparatively small cost—the proposed route for most of the distance being on a Mgh level ridge. This branch once built would make Atlanta the market for the cotton and other trade of Elbert and the country contiguous. We have not time to go into details or give statistics. We throw out the gener al idea, and hope it will be taken hold of and elaborated by those immediately in terested. Burned to death with Petbo Oil.—A negro woman named Mary Spence, about 45 years old, who lived with Mrs. Payne, corner of Simpson and Hull streets, at tempted to kindle a fire with the aid of petro oil, Monday night. She took a gallon can containing some oil and began pouring from the can upon the fire. The oil,of course,took fire and the flames were immediately communicated to the can, wMch exploded, the oil flying over the unfortunate woman and completely en veloping her in flames. Before she could be relieved, her clothes were burned off of her, and her body was so badly burned that nearly all the skin peeled off. In this condition she lingered for twenty- four hours, suffering excruciating pains and then died. She said she had always heard that petro oil was not explosive,and thought 'there could be no danger in using some of it in kindling her fire. That it will explode was proven by her experiment, as the bottom was completely tone out of the can. Divided.—The Republican party is inharmoni ous. A portion is in favor of running a candidate, and are opposed to tbe mulish policy of Benjamin Conley. This wing of tbe party, also, had ameeting last night, and adopted tbe following: “Resolved, That tbe Chairman of this meeting appoint a committee to he composed of two from each Congressional District, and five from the State at large, who shaU select and present to our party the name of a suitable candidate for Governor in the election to be held on the 19th instant.” Among those present were H. P. Farrow, James Atkins, James L.JDunning, Jonathan Norcross, H. B. Clower, Madison Bell, Z. B, Hargrove, H. P. Burnett, and others. Jamss Atkins was chairman. It is understood that another meeting will be held to-day at 12, it. Elbert Branch Air-Line Rail road. Elberton, Ga., Dec. 4,1871. Editors Daily Sun : The people of old Elbert, Hart, and Franklin, have begun to make efforts to have a Railroad built from Elberton to .intersect the Air-Line Railroad. The prospect for a large landed sub scription seems to be very flattering. Our plan is to secure all the subscription for stock by bonds for titles to real estate. When the road is completed, the land to be estimated at its present value. We expect to use these land bonds as collat eral security to the bonds of the compa ny, believing that they will be better than State aid bonds. With energy on our part, and encouragement from Atlanta and Air-Line Railroad, we expect to be able to raise the land subscription to from one hundred to one hundred and fifty thousand acres. This, at v>5 per acre, will realize from five to seven hundred and fifty thousand dollars. . . If the city of Atlanta and the Air-Line Railroad will join ns, we doubt not that this road can be built in a short tune, and will be of benefit to all parties con cerned’ Elbeki.