Newspaper Page Text
stuisr—JVE-A-~5ir e, is'zq.
THE AT LANTA SUN
NKIKOIIOLOUICAL.
RAIN FALL DURING APRIL, 1873.
LlDKKTT U*LL. 1
Cbawtobdvill*, Ok , l*t M*y, 1873. 1
The quantity of rain that has fallen
at tliie place during the month of
April just past, is as follows:
April lit 61 of »n iueh
•• 7 07 “ “ “
15
28.
20,
.04
.20
.10
Total 1.02 “ “ “
Total for April, 1872 2 5.3 inehe«
“ “ “ 1871 5.67 indie*
Exne.«« of 1871 over 1873 .4 65 inches
Excels oi '872 oveV 1873... .1.51 indies
Less rain has fallen in this place
during April, of 1873, than for a
great many years. The deficiency is
two-thirds of the average annual
A. H. s.
mean.
a UK
cowri i c i 10*
P1«)U».’
A.»0
Our neighbor, the Constitution, in
its issue of the 3d ultimo, has an
editorial under the caption of “Old
Probs.” which is in the following
words:
Telling
is g.-tti .
the
to 1 I
:tttcr
weather be:ore
quite a science.
it i- a matter ot large impor'ane
some < f its lt-Kt.“cts. Theclo:rst ‘fiu
of science is i>--iiig directed ro a n
of wo t.her pr. aiiostu-ation-.
To Hollaud belongs . Ii- ii'*uor <■ first
giving ttlegraphic went'.ei iu*flt?genre.
Now all of r! c civilized "i.uutr es Luve
their !- ■ gapb’c re; «.r'A
T t U-.it-d States Mi’i'.iil - *250.00!) a
year foi Us weather proiMlt.liliew.
One <>t f' >• ' i;iel vaima i«f the weather
proiiitbih 'let is lerecuhling gales. Bat
ti ns is mu11 a very li-d-tiisite matter.
Ihmii" 1871 and 1872, about 70 per
cent, ot orrn warnings were true. S: .ce
iLon lit" t.-tal per cea r . -if successful
ft >rm r :ngs has arisen t. 80.
\\\- reproduce this article in full,
partly becanse of the general interest
of the subject, and partly with a
view to col lect wha . we believe to be
a mistake in one of its statements.
.Not “to Holland,” but to the United
States, we believe, belongs “the honor
ol first giving telegraphic weather
intelligence.” We gave what we be
lieve to be the origin of these “ tele
graphic weather reports” in a late
issue of The Sun.
Ifwewerein error in our account
of this matter we should like to he
corrected, and to this end we should
like to know the facts upon which
our neighbor relies for hi> statement,
attributing this “honor” to “Hol
land.”
The Journal of Commerce, of New
York, recently attributed it to
France, as we saw it reported in one
of our exchanges. It was in repiy to
that statement our article, referred to,
was written. * The facts therein set
forth are those upon which we claim
this “honor" for our own country.
The matter is an interesting one and
we should like to have it settled cor
rectly. The honor, (as we under
stand the facts to be), not only of
these weather telegrams, now so gen
erally extending throughout all civil
ized countries, but also the still
greater honor of the discovery of the
Meteorological principles on which
they are based, belongs to the United
States, as does in like manner belong
the transceuuaut honor of the dis
covery oi the principles upon which
the Llectro-nmgnetic Telegraph it
self was established.
As tlie latter is due to tli ■ genius
of Morse, so the former is due to the
genius of Espy. A . H> g>
* Sever * i typographical errors appeared in that
article—euch a* iasadj for Farady, bat l.on-eseen-
A .1
:u
i'*y
ry
■DKATII OP .JOHN K. THU9PSOII,
By reference to our telegraphic
columns it will be seen that tnis dis
tinguished Southern literary gentle
man is dead. He was for many Years
the editor of the Southern Literary
Messenger, one of the best literary
magazines ever published in the
South. As a scholar and finished * an< * and order are the safeguards
w Flier Mr. Thompson far excelled ' of life > liberty, and property and the
the average literary men of liL day. security ot society.
As a poet, he won considerable dis- The P lea °* ignorance set up by
SUSA* KBKKHAHT.
The case of this unlortunate young
woman, the accomplice of E. F. Spann
in the murder of his wife in Webster
county, and for which he has been
hung, has excited a great deal of in
terest throughout the State. On
account of her ign *rance,a great deal
of sympatny has been manifested for
her and strenuous efforts made by
1 petitions to prevail upon the Gov
ernor to commute her sentence from
| the death penalty to that of impris
onment for life. This his Excellency
cannot do, in view Qf his sworn duty
to enforce the laws of the State, with
out violation of his official obligation,
however much he regrets the necessity
of properly vindicating the law in
a case so strongly appealing to his
own sympathies.
At the request of the writer, Col.
P. W. Alexander, Private Secretary
to his Excellency, has courteously
furnished us with a copy of the Gov
ernor’s decision in the matter:
Executive Depahttmkxt, i
Atlanta, Ga., April s 1s73. j
Hon. Simp* m Bell, Avnuficns, Ga :
Dear Sir: la aco'>rd«iL.ee w.tli iuv tele
gram ei me 26 ii .nstaut, I three*, mv de
cision noon tlie •>ppiica.iou commute
tin-. .seuictiCi ol Ebon, art io ;ni-
pris'.niuei.t for 111*-, to yoursuJi, ul Arner-
i ns, Georgia.
1 have examined with great care the
various itfiplicedous aiaoe n Lei alt of
Mss Ebt-rliart, Loping that I might
gather therefrom some reason tfii^b
would justify me iu interposing r>> save
tier life. UuiTr ihe law, tier gu lr is
fixed by the verdict of the jury, and ;,iie
suggestions offer' d in er luVor do not
create even a suspicion of tin correctness
ot the finding.
The i vi'tenc - submitted noon her trial
shows that z. e off 0,0 was committed oy
Spann and herself with circumstances
of almos" ui,pnraJeled atroory.
The rea-*o ,s sug b est*-d t>w mitigating
her puu'shment aie, that she hau been
reared in ignorance; is not sensible of
the weight o! licr moral obligations, and
is a woman. The evidence shows, be
yond all question, that she was sensible
bath oi the moral and legal guilt of the
crime of r: nrder. I; allowed bj my duty
to tuc public to base my official action
upon on feelings ns a man, 4 would not
hesitate to inttrpose i recunve clemency
to save a W"mun from tile extreme penal
ty of :he law; but, as a magistrate whose
sworn duty it is to see that the laws are
enforced, I cannot intervene to prevent
the execution of the judgment of the
Court in this cu«b.
I am, dear sir,
Yours, rtspectfnlly,
James M. Smith.
The case of Susan Eberhart is cer
tainly a painful one. The execution
of a woman upon the gallows is re
volting to every impulse of our na
ture. It can but excite a feeling of
horror, but she has been convicted
by fair and impartial trial, and j us-
tice demands that the verdict of the
jury shall be sustained and the sen
tence of the court executed, and the
law thus vindicated. As an advocate
of “law and order,” we feel bound,
as journalists, to sustain the Governor
in the painful duty oi deciding the
life or death of a woman who was an
accomplice iu the murder of one of
her own sex, the victim being a poor
helpless creature, whose life was sac
rificed to appease inordinate lust.
The commutation of the death sen
tence of Susan Eberhart by the Gover
nor, on the ground of ignorance,
would form a precedent, if adhered to
or observed in the mture, that w ould
d« stroy the majesty and power of law
and subject human life to be taken
on the slightest provocation, if the
plea of ignorance is to prevail with the
clemency of the Executive. The pL>a
of lunacy has been the popular one
set up to shield criminals from justice
until it has come to that pass that a
man may commit murder and escape
punishment by a resort to that plea.
Thus criminals are too often shielded,
and the death penalty is fast becom
ing a mere law of letter and not of
spirit and not to be executed. Tno
vitality, majesty and power of law can
only be maintained by its enforce
ment. Tho 8uprema ;y of law is order;
tinction. Ills contributions to the
belle lettres literature of the South
have been very popular, and his fame
is not confined to this continent.
Susan Eberhart in appealing to the
Governor for a commutation of her
sentence of death, while it strongly
appeals to the sympat hies of his Ex-
For Severn' years Mr. Thompson | cellency, cannot be balanced against
has been connected with the New j her awful crime. If she had sense
York Evening Post, of which the! enon gh to get out of the way of
eminent and distinguished poet, Wil- justice by flight, and to conceal her
^ u ^f n Bryant, is the leading crime during her flight with Spann
editor and proprietor.
DOUBTFUL. UEtlUOK.
Judge L nderwood has made a de
cision in the U. S. District Court for
\ lrgiuia, under the late amendment
to bankrupt law, holding that all
exemption authorized by law can
ouly be allowed after the whole estate
has passed through bankruptcy.
High legal authority denounce the
dee sion as in violation of both the
letter and spirit of the law.
tar~ The Kentucky Legislature
djourned sine die on Thursday last.
until overtaken by the officers of the
law, she certainly was sufficiently in
telligent to understand the nature of
the crime at the time and before it
was accomplished. She was certainly
mentally capable of comprehending
its atrocity.
In conclusion, and as an advocate
of law and its enforcement, we are
f lad that the Governor so promptly
ecided to enforce the law, however
painful the duty. In this, he must
be sustained by all good eitizens.
—A. Ray, an oid citizen ol Wash
ington county, died of bilious colic the
other Uay.
TUB iJt'OCBTBIMa BB iTtiJWi.
4 Visit to the Carriage Manufactory of
David McBride.
A Chariot King.
The wealth of a community may al
ways be accurately judged by its manu
facturing power; and no troth is more
patent than that the prosperity of a place
where co manufacturing is done is fleet
ing and ephemeral.
The fLst advantage gained is that such
places are points of attraction for wealth
whence flow the betu-fils of capital.
Men of means will invest that they may
reap the benefits oi first sales. The
second advantage is that manufactures
urnish employment to a large number
iof worthy mechanics, whose homes will
be the centres around which will gather
all the virtne8 and graces of an enlight
ened community.
While Atlanta has not mude that pro
gress in manufactures we should desire,
yet there are meu in the city, who, cast
ing aside the slow motions of the past,
have entere 1 the field, arid are building
up the city as well as themselves. Among
them we notice
MB. DAVID MCBRIDE,
occupying a pre-'-minent. pos'tion. His
carriage factory, ui Decatur street, has
long been known as the emporium for
the finest as well as the mo t usetul class
of vehicles, irom the elegau’ly mounted
carriage to the substantial wagon. Yes
terday we paid a visit to uis establish
ment, and were surprised to see such ev ; -
deuce of prosperity iu business and skill
workm inship. Two large two-story
buildiugs do not suffice to contain the
ma'enal in manufacture, and Mr. Mc
Bride will be compelled to spread his
space.
THE WC'BKS.
Everything is systema’icaily arranged,
aid ail the vehicles sent out are entirely
manufactured iu the buil. ing. The dif
ferent. departments are in charge of
COMPETENT WORKMEN,
who receive the highest rates of wages,
and are cuustqaeutly men of tuperior
skill auu expertne-s. In one room
THE WOODWORK
is all finished ui-in a high styl u of ait,
while in another are
A NUMBER OF FORGES
where the anvil chorus is so constantly
kept up that it is no wonder Mr.
McBride is always in good humor.
THE PAINTING AND VARNISHING
takes up two large sized rooms, and are
artistically attended to.
In a word, McBride can take a couple
of logs, a quantity of pig iron, a pot of
paiut, put his hands to work on them,
and manufacture a magnificent carriage,
such as'cannot be excelled by any bouse
in the world.
We noticed in the esti lishment, three
Ballard's Express Wagons, and the man
ufacturer who can excell .hem w 11 have
to work to do it.
Mr. Oliver Jo: es is having a number
of vehicles manufactured here and is
more than satisfied with the result.
Mr. McBride’s means lor carrying on
a large and growing business are ample,
and it is his intention to place bis estab
lishment at the head of his line in every
respect.
There is a good deal of competition in
the carriage business; but Mr. McBride,
confident of his superior advantages, al
ways offers inducements to trade such as
are honorable and just, and the result is
that his business is steadily increasing,
it being difficmlt for him to fill his nu
merous orders,
Mr. McBride’s wareroom, though con
taining a number of first-class carriages,
wagons, buggies, etc., yet is no index to
his business, as his customei s do not al
low his stock to accumulate, but buy
them up faster than he can make them.
A fact which will greatly add to the
already good name of tue house is the
return cl Mr. J. M. Smith, so favorably
known as Mr. McBride’s partcer, some
years since. Mr. Smith is proficient in
all iron work—having a thorough knowl
edge of the business—and is regarded as
one of the best workmen in the country.
Mr. McBride employs only first cla-s
workmen—and has more of them at
that—who are masters of their work, to
whom he pays the nighest wages known
to the trade.
We hope our people will continue to
patroniza Mac, as he is one of those
whole-souled men whose heart is as large
as his work is excellent. *
Death of Me. John Soman—“ Tcbak
Cain.”—From the Charleston News we
learn of the death of Mr. John Sloman,
who, if we mistake not, at one time re
sided in Augusta:
Mr. Sloman, who was seventy-nine
years of age at the time of his death,
was well known to the theater goers of
the last generation as a lavorite actor m
comic and pathetic “roles,” and about
twenty-five y ars ago he settled in this
city and assumed the management of
the Charleston Theater. His greatest
success was made as a singer of the
English ballads then so popular, and his
singing of “ Tubal Cain” was so much
admired and became so famous, that in
his latter years he was familiarly known
by that pseudonym. He was a genial,
amiable gentleman, whose cneerful
smih , witty repartee and abundant and
felicitous humor formed no small share
of the attractions of the social circles in
which he moved. He retired from the
stage after residing in Charleston five or
six years, bat remained here until the
close of the war, when with his two ac
complished daughters he removed to
New York. He has since been living
with hia danguters in that city, and died
at their residence on the 21st instant.
His funeral took place last Wednesday,
' and was largely attended.
—Measles have played ont m Banders-
ville, having no fresh subjects to prey
upon.
CMTW POLICE COUBT.
There'* Women, now. We ran her down,
On verioas pretences—
Tear woman 1 who divide* our joys
And troll '* our *xi>en*o*.
Who cause ! the fall of man—and Troy.
Weil, with onr common mother
P..or Adam had but liobson’e choice;
'Twaa Eve—or ne’er another.
The first case called was that of G. W.
Andrews, charged with disorderly con
duct, qnarreliiug and using profane lan
guage. G. W.’a opponent wa-. the wife
oi uis bosom, whom be had sworn to
love, cherish, protect and all the other
things Le said he would do when the
preacher put the question. It’s an aw-
lul thing to hiVe a row with a woman,
and worse still, if that woman is youi
wife. Botre men, we very much tear,
do not rightly appreciate- the other sex,
and whenever they mistreat them and
get caught up by the City Recorder, the
lini is apt to fly for a few. Tue Court
manes it his special duty to see that they
are not imp sed upon. He rightly ap
preciates her charms and usefulness and
when lie lectures a man for thrashing
his wile, he gets his feelings up pretty-
high. Women are too utelul to be im
posed upon. There are 97,000 seam
stresses, 90,000 milliners and 84,000
women teaching school. There is a glo
rious army oi 10,170 nurses. There are
preachers, shoemakers, journalists, au
thors, mechanics not sp ecitied, and otiy
100 “show woineu” in the Ume i
States. These figures are taken from
the last census statistics and are pre
sumed to ue correct, and the idea of a
man imposing on one oi them will cost
him $20 and costs. That’s what Andrews
paid.
William Thornton aid five aud costs
for drayiug without license.
It is all well euongh to sneer and shrug
the incredulous shouk er at the reputed
allurements of tne city, aud those oi our
country cousins wuO do so, however,
have never come within the charineu
pr^cinc.B of Atlanta beer and red tye,
and have never been tempted iu from
me dripping rain by biaziag petroleum
and shining bottles. Tne morally up
right, who never leit the delicious poison
iu his veins, nor the twist lightuiug iu
nis knees, knows nothing a.jout it. In
other words—
"He jebte at scars
That uever felt a wouud,”
Whether it was the oad rainy weather
that attracted Green Lovele-s to the city,
or whether he mistook the crowd on the
street ior the 4th of July, we Cannot say.
Nevertheless, he ‘ lit iu the Esses cup,’
and iell under the seductive influences
ot too much ‘ thusness” and sugar, and
was in the act of paddling through it,
when the lynx-eyed guardians uf ihe
night fell upon hnn. He was drawn
away from that attraction a^.d placed
among the load-stones of the B ttrr y In
stitute. The matriculation fee was A ve
dollars.
Wilburn Moore, a n"gro, was fined fif
teen dollars and costs fer being drunk,
disorder y and resisting an officer. Next.
G. W. Pinson, f r simple drunk on tue
streets, deposited five dollars and costs.
W. F. Wi son was making the night
hideous with howls and ugly words, and
was coming through the rye at the rate
of three drinks a minute when the po
lice overhauled h m. The motherly
guardiau of the night, who chanced that
way aud came up with him, said in tones
of commiseration:
Take him up tenderly,
1 uff him with caie,
Fashioned so ilenderly
Is the jail over there.
Out from the grip of it
Pns’ners go lightl .-;
Many's the slip of it
Happeuinj nightly.
W. F. failed to make the slip, and in
stead. made his bow to the Court, and
retired from it thirteen “ huma n siugs”
the poorer.
Mr. F. Tucker, supposed to be the
father-in-law of “old Dan,” on the
mother’s side, came in irom the rural
districts, but “ be came too late to get
His supper,” and endeavored to supply
tlie vaceuum with drink. It flew to his
head, and his head flaw to Comt, and
the Jadge flew to his pocket book, and
as a natu al consequence, everything
about him actinp on "the high flyer prin
ciple, a few of his greenbacks took wings
and flew into the city treasury.
Win. Horn, a blast from whom were
worth a thoniand men, indulged in blaits
on the previous night to the value of
about ten million, according to the nunv
ber he furnished the public The Court
at first thought to send him down to But
ler’s to play the role of Dinner Horn for
the illustrious boarders at the work
R*use, but Mr. Horn stepped up and
poured a few shrill notes of national cur
rency into the drowsy ear of outraged
justice, l.er which the Court quit.
Important Postal New*.
In the April number of the Postal
Record, just issmd, we find that the
Postmaster General has es ablished, re
established and discontinued the f blow
ing offices in Georgia during the month
of Mai eh, to wit:
Established—Victo’ y, Carroll county,
6066, Newnan to Bowden.
Duuglasville, Douglas county, 6065,
Campbell'ou to Tallapoosa.
Heudereou, Houston county, special
from Perry.
Texas, Heard county, special from
Newnan.
Re-Established—County Line, Camp
bell counry, special fiom Newnan.
Discontinued—Irwin’s Cross Roads,
Washington county, papers to Whittle;
Gray’s Mills. Paulding county, papers to
Marietta; Wales, Worth county, papers
to Piymoth; B*scobei, Jackson county,
papers to Athens; Fairview, Franklin
couiiy, papere to Carnesville; Miils-
borough, Fanuin county, papers to Mor
gantown; Monteitb, Chatham county,
papers to Savannah; Rio, Coweta conn-
ty, papers to Newnua.
^^“Susan Eberhart has suffered
the extreme penalty of the law. She
was hung cn Friday in accordance
with the sentence of the court It is
stated that she died willingly, and
without ill feeling towards any. It
is a matter of much -regret upon the
part of all who advocate law and or
der, that a woman should place her-
self in a position to become au ex
ample ot its rigid enforcement
MINOR TO**ICS.
Several cases of sm all-pox, some of
them fatal, have occurred in Washington
City.
— A bale of cotton, weighing 450
pounds, has been shipped to Vienna by
a firm in Memphis, Teuu. Ii, was picked
m blue silk reps and richly ornamented
trimmings, costing $1,000.
—A disposition is manifested in several
large cities to make hones y tne only
kind ot policy that will be tolerated, and
a war ol extermination is to be wagon
upon gamblers. St. Louis and Cincinnati
lead off in the work.
—Tlie remains of the late Bishop Me-
Ilvaiu, whose death in Italy we r.-ceutly
announced, are daily expected in New
York, where they will be kepi for a few
day8 for the purpose of allowing appro
priate services to be held. They will be
conveyed to C ncinnati.
A Centenarian.—Iu Phaisalia, Che
nango county. New York, is a French
man named Viiletnain, who was boru
April 18th, 1765, m France, served uudtr
NaDoleon I, has lair eye-sight, eats his
rations, walks .. ell with a cane, has used
tobacco since he can ren.eiubi r anj thing,
uses it yet, and take;, toddy regularly,
\\ ho would not use the weed and take
their “ tod” regularly to live to be iU8
years of age.
Beecher on Indian Wrongs.—Rev.
HtLi’j Vv ;.rd Beecher iu a recent sermon
invoked “ tne Fatuer of all Mankind to
remember in mercy the children ol the
loreet whose pent-up wiongs had driven
them to bloodshed and diabo.leal mur
der.” We have great laitn in prayer,
but rather incline to tne opinio^ that a
lit do cold su-el and hot shot wouid be as
productive of good results on Cupt. Jack
and his scalpers.
— Washington advices state that can
didates lor vacant consulates arc to he
examined as to their fitness ior the posi
tions. On which a Republican exchange
remarks : “Things have Come to a pretty
puss when a genili man desirous ol going
abroad at Uncle Sam’s expense and bear
ing t ie old iellow’s letter of recommen
dation, has to establish his claim to intel
ligence ana ability. Have wo not goiib
on for years without unv such considera
tion ? and nas not the arrangement been
entirely satisiaetory—to th - colsuib ?”
Miscegenation.—John W. LcBarnes,
of MabsuclrusetiS, now practicing law in
Washington City, is about to marry u
colored gin, daugnter ol Downing, a well
known caterer. The wedding is to take
place iu one of the most iashionaolt
churches in that city and the happy pair
are to sail immediately alter the cere
mony in a steamer of the White Btar
Line lor Europe. We fancy there wii,
Oe some turning up of noses if the bride
takes a place at the table or mixes with
the passengers of the saloon.
— There is a Howe sewing machine
factory in Peru, Indiana, employing one
thousand workmen.— Washington Chron
icle.
The above is just one-fourth of tLe
number oi hands em{Joyed by tno Howe
company. At .he principal manufactur
ing establishment iu Bridgeport, Connec
ticut, two thousand skilled mechanics arc
kept constantly at work. Besides, in the
Glasgow (Scotland) facto y, one thousand
more are employed. Iu ihe United Scales
alone one thousand sewing machines ue
turned out every day by t >e Howe com
pany, being double that of aDy other.
Tne great mystery is, where can a mar
ket be iound for such a vast number ?
Only think ot it, ovtr 30d,900 p^r annum.
A Reform Much Needed.—A bill be
fore the New York Legislature, which
has already passed one brauen of that
boay, a violation of which is punishable
by imprisonment from three months to
two years of hard labor, aud a fine from
one nuudred to five thousand dollars, to
every person who snail sell, Jend, give
away, exhibit, publish, or offer to pub
lish, any description of obscene work,
advertisement, or circular, or have any
such things in his possession with a view
to sell or to publish; and it als-> forbids
the sale or advertisement, or possession
for the purpose of sale, of all instruments,
drugs and medicines of an iudeceu t and
immoral nature. The proceeds of fines
to be divided equally between the Female
Guardian bociety and the Prison Asso
ciation. A similar law in Georgia wouid
result most beneficially in the suppression
of tLe sale of demoralizing publications
sm d on railroad trains and low periodical
shops.
The Uec„i,« „ f , he c
Court on the * *'*• l
From the Griffin New*.
, From one of cur leading
who nas seen the decision* , g * l N
, btates Supremo Court ou Ui 0 u‘ ^
! and Ri-.nl Laws, we Ke r
i it ^ euieutti 1411,1 tlj <* points deewilU*
i Tne case was asuu brou^Tfi
ouun vs. H irt, in Randolph •/ 1 *L
■ Court - ’866. Jiidgoe.a
i and execution issued tu«eon u '
1U tLe handsel tne bueriff
turns t - make the muuey. ’t;
levy was not givsu until 186s '
retiisif.iF t/x u~_ . »
ret using to levy because 7he°’d
propelty was covered bvC p L ‘
tne oliiintift'
an.; tne plaintiff app.ied for _
to compel him to levy, but th ' ; -
Judge retused to grant it, al , J y
pre .,e Court of Georgia «u*u, u " f 1
lieeisiou. The case was then ^
tne bupreme Court of tne TT„„ - I
who reversed it up o U lUo |
grounds. ‘ J ‘‘ c-■
1st. I hat the homestead of Is.’ '
greatly larger than the one m ° ? 1 I
I the time the contract wus m-td-
! 2ud - Tii at the remedy to J.
| CoU . tr *? t beci-m-sa part of tne 1
! aUd tbt, y 141,44 the Case Ulnier ;
siderat.on is clearly one i*. ‘
old.gamma vf contracts, if bot
annihilating it. [See 1 Dallas R v’ 1
3ra. Taut Georgia was <„, t ‘ f
original thirteen States, and n, Ur ‘J 1
out ot the Union, though the h w: l
tnonty was at one time in abeun^"J * '
4ib. That it is true that Col-V I
passed upon the Constitution o'
gia when it was “rehabi itaLd,"lmt I
Mid not necessaiily sanction the H - s
^tead clause in so doing.
5th. That the Congress cannot bv ir *
tnorizatiou or ratification authonze 1
8tate to pass a law iu conflict witi* 1
Constitution of the United State... %
6th. That a State cannot pass a’.- i
mpairing the obligation of a contract 1
7th. Tnat 'he Constitution of u i
ind the laws thereof, which tend tom
puir the obligation of contracts, or
stroying then remedy, was uucuustr
Uonal.
8th. Tho judgment of the Court
that the {Supreme Court ol Georgia
instructed to order the Superior Cc-
of Randolph to reverse the decision i ■
oruer the ti. fa. to proceed.
In the case of Walker vs. Whitch-. I
This was a suit brought on a note be : I
January, 1870, the contract being iu. 9
beicre June, 1865. The defendant il % £
to dismiss, as no tax affidavit had L-1
filed under the law of Georgia, audtJ9
Court dismissed it.
The Supreme Court of the Unit- ,
States, alter giving the whole acts wi m
Legislature, held—
_ 1st. 1 hat the 'lax Act hud a penaito
act iu existence WUeu the contract v*
made, and that ihe object of the act
not to collect old ax, but to “r. uoulcc .
ola debts and deb ut then collection.
2d. Tuat the law at the time uc ntracJ
was made, enters into and oecomes a par
of the contract, and that the means o. en
forcing -he contract, become a part of the
obligation.
3d. They hold that this act impairs the
obligauon oi a contract, ami is one oil
the clearest cases of a violation of the
Constitution.
Mr. Justice Sway no delivered both oi
the opinions.
general state hems.
Tut; Cincinnati Southern Katilroa,|.
The Kentucky Court of Appeals has at
last decided the claims of tne contestants
to the Covington and Lexington Rail
roal, wh ch is to be, in all probability,
part of the Cincinnati Southern line
The suit has been pending for many
years. Hon. George H. Pendleton, an
uncle of the Bowler heirs, has beeu one
of the pa. ties io the suit. Tne decisiou
will relieve the trustees of the Cincinnati
road of some embarrassments. This dis
patch says:
“The Kentucky Court of Appeals have
rendered a de ision in the celebrated
case of the Covington and Lexington
Railroad Company against the heirs
and admini8tratois of R. B. Bowler
aud otrere, wno, since i859, have held
the road by virtue of nurehase at sale.-
deoreed by the Fayette C icuit Court, to
satisfy the trustee of the second mortgage
bonds.
‘The deciaiol of the court is that the
heirs of Bowler do not hold the road in
their own right, bnt as trustees of the
railroad company, and that commission
ers appointed by the proper court shall
adjust the claims between Bowler’s heirs
and the company from'the date of the
transfer in 1859 to the date of the resto
ration of the road to the Covington and
Lexington Company. The decision of
the court was unanimous.”
—Mr. Harman J-ff -rds, ot Ware conn
ly, was so aeri ;sly homed last week as
to render nis recovery doubtful.
— The American artiit, Mr. Healey,
at Rome, has painted a portrait—said
to be uncommonly good—ot the poet
Longfellow and hu daughter Edith.
— Bret Harte has saed George W.
Loyster, of Falton street, New York,
for alleged infringement of copyrights
on bis (Harte’s) books, by importing
them from Europe and selling them m
New York.
— Mrs. Stanton has a nice way of
meeting all objections t > the woman
movement. Here is an instance, t&keu
•rom one of her letters : “The best in
terests of men and women are so essen
tia ly ti e same that when we come to the
tug of war the men of our households
will be ready u> do our lighting.”
—Gen. Toombs is in Augusta aud will J
remain there several days.
—Five new cases of small-pox were re f
ported in Augusia on Tueiday.
—Bibb Superior Court adjourns to- ■
day.
- - Warren county lias in treasury at the *
present time$4,o82 42, and no debts.
— The Grand Chapter of Royal Arch
Masons met in Augusta yesterday.
— Mr. Clayton Yauglm, ol Miiledge- I
ville, died last Monday.
—Mr. Henry Cain, a hard-workiDg I
blacksmith, of Monroe county, lost his
tools by fire last week.
—The Floyd Rifles, of M^con, had I
their thirty-second anniversary parade 1
yesterday.
—Tne decoration of the soldiers’ graves 1
at Dalton has been postponed to the
10th inst.
— To-day will be observed by the
ladies of Athens in decorating the sol- i
diers’ graves.
— The grading of the Northeastern j
Railroad is rapidly {rogressiug above I
Athens.
—The Citizen enquires the where- j
abonts of the Daiton Brass Band. Ii the
editor can wait until ue can hoar it i
Lraz-m toots, he may find it himself. A
he has been sereuaotd by the strii 1
baud why o-ui’i Ins musical soul rest iu I
peace ?
— W. Y Goodwin, charged witn tie j
mu-iier ot J -sech B< sli.k, in Gavanral. j
uos been ills -har^o • L , a couii ot eX-ia
illation on tne ground of self-iielensr.
— The Recorder and Union is still
wrestling bravely with the queetion of
the removal oi the Stute Capnol back to
Milled geville.
— The Milledgeville Manufacturing
Company have determined to enlarge the
b’accory, and put in new machinery
throughout.
— The Mayor of MiTedgevil’e has been
authorized by the Governor to have the
estuna es made for repairing the old
Capitol.
—Rev. Mr. Baily, late pastor of th®
Baptist Church in Dalton, Laving left
for California, Rev. Mr. Leavell has been
called to occupy the vacant pulpit.
—Two negro men at Resacca got into
a quarrel on JSatnrday last, when one of
them stabbed the other with a small
pocket-knife, killing him almost in*
stautly.
— Wm. M. Gathright, Esq., a highly
respected, indnsirious and useful citizen
of Jackson coanty, came to his death on
Friday last, while “fighting fire.” Tne
burning limb of a tree fell on hia head
and killed him instantly.
—John Knlen, a person of color, who
killed Jerry Maiden, near Cochran, some
few weeks since, was tried and found
guilty of murder, last week, at Pulaski
Superior Court, and condemned to die
on tne 6th day of June.
\ Taglioni, tlie once popular
actress, is dead.
Now, we have the Vienna
scandal. It is st range we can’t have
nothing done even abroad, except it
be in a scandalous manner.