Newspaper Page Text
THE ATHENS * GEORGIAN: SEPTEMBER 18, 1877.
T«rm« of Hubfwrtptlon.
ONE COPY, On* Yel*r $S> OO
ONE COPY, Six Month*. 1 OO
ONE COPY, Three Month* OO
LEGAL ADVERTISEMENTS.
Citation for Letters orOuxrdlxnahlp—15 00
Citation for Loiters of Administration « 00
Application tor Letters of Dtsmiroion Admin*
Ixtrxtor 5 00
Appll’tion for Letters oi Dismission Guardian 5 00
Application for Least to Sell Lands— — 6 00
Notice to Debtors and Creditors.— 5 00
Sslerof Xemtr &*,- per square...... ...... A SO
Sales Perishable Property, 10 days, per sq~ 1 60
Esteay Notices, 00 difs...' 0 00
Sheriff Sales, per square—. —™.0 60
Sheriff Xorltcago A. At sales per square.-.— 6 00
Tax Collector'* Kales,.per square.. -—..—... 0 00
Foreclosure Mortgage, per square, each time. 1 «0
Exemption Notices (in adrance) .....—— 3 U
Sole Nisi’s, per square, each time. - 1 SO
WTbe shore legal rotes corrected
of Clarke county.
i corrected byDrdinary
Ratea of Advcrtlslnjf.
Adrertisementa will lie Inserted at ON E HOL-
LABpersquare tor the first insertion, and FIFTY
CEN fa per squat* for each continuance, for any
M <>e under on* month. For longger periods a lib-
firal deduction will bo made. A square equal to
ten lines, solid.
Notices In local column, lets than a square, 20
cents a line.
^%ns dcflrpn.
n. H. CARLTON, - Editor.
Walton County.
Owing Vo our living called from
home, wc failed to give an account
of our recent very pleasant visit to
the good old county of Walton..
We were present at the term of the
Superior Court, and while tho lapse
of time make* reference thereto
unnecessary, yet we cannot refrain
from giving expression to our kindly
feelings for the good people of tins
Oonnty who received ns with such
courtesy and hospitality. We were
most favorably impressed not only
•with the foiirteons and orderly bear-
tag of this people, but with the geu- j passed a bill repealing State aid to al*
oral appearance of intelligence,! ]{ a ilromR where the right tliereto
outer prist;, and prosperity whioli seem j h a( j not vested. The same legislature,
The Northeastern
Aside from the local interest felt in
the question of endorsement by the
State of the bonds of the Northeast
ern Railroad, perhaps no case con
templating State aid has created, such
generalinterest as'that, of 'this road.
Chartered in 1870 in accordance with
the provisions of the Constitution
granting*the credit of tlie State to
such Railroad corporations as might
avail tliemselv s of, and comply with,
said constitutional provisions, this
company in good faith and relying
upon the flighted credit of the State,
proceeded to build their road from
Athens to its intersection with the
Air Line Railroad at Lnla a distance
of thirty-nine miles. Believing that
the credit of the State would be
granted upon compliance with the
law, large subscriptions were made
by Loth individuals and the municipal
authorities of Athens amounting to
some two hundred and seventy-five
thousand dollars of stock. These
subscriptions were induced by the
offer held out by the State to encour
age public improvements, and un»
doubtcdly made by reason of the
confidence which these citizens had
in the solemn promise of their State
and the faith they entertained as to
the States compliance with her legal
obligations The legislature of 1874
being satisfied that the credit of the
State bad Wu abused by adventu
rous and speculative corporations
to-prevail throughout the county.
Walton is certainly one of the best
counlies, agriculturally and in every
other respect, to be fonnd in this
section .of Georgia. Monroe is a
beautiful, thriving, and prosperous
litlle town and needs only tho com-
plet'on of its Railroad to Social Cir
cle to give it new growth and impor
tance as a market for the surrounding
country. Let this road be built ami
Alliens will soon connect, with .you
by extending her Northeastern
Railroad to vour town.
We cannot close this short and
hurried notice of onr visit to Monroe,
without mentioning, the courtesies
and kindness of “ mine host and
hostess” Mr. and Mrs. J. C. Dranghn,
who we can saiely say, keep one of
the best and most hospitable hotels it
bus been om pleasure and privilege to
stop at for many a long day. Their
style of doing the hotel business re
minded us of the good old ante-
helium times, and “ long may they
wave” to make happy ami comforta
ble those who may be so fortunate as
to become the guest of the Dr: ughn
House.
The Georgia Grange.
This journal, devoted to the agri
cultural and industrial interest of our
country, finds its way regularly to
our sanctum, and is a most welcomed
visitor. The selections are well made,
while tire original matter bispeaks
an editorial ability which classes it
among the first agricultural journals
of the land. Yes, the Grange is a
first-class journal, and as the official
organ of the Patrons of Husbandry,
a id as a paper devoted to the fann
ing interest—the true interest of pur
whole people, it deserves to be and
should be largely and liberally sust-en-
ed throughout the whole of Georgia.
Dr. James 8. Lawton is the man-
aging editor, arid is too well-known
'for us to attempt to sound his praise.
He has recently associated with him
Mr. Frank H. Gordon,'son of Senator
John B. Gordon, who being Jyoung,
active, bright, and with a soul
tirnt enters fully into whatever work
ho undertakes, will doubtless give ad
ditional vigor and interest to the
Grange. We predict a bright and
use.ul career for Frank as a journal
ist, &ud believim: that he will “whoop
up’’tlie Grunge to the fullest stan
dard of journalism, we bespeak au
inteiest in this paper on the part of
every one who feels concerned as to the
agricultural and industrial welfare of
ourcouutrv.
front the presentations made as to the
right of the Northeastern Railroad
Company to the endorsement of the
State upon its bonds, did sustain tlie
plighted faith of the State by in:me
diately following this repealing act,
by a resolution declaratory of the
intent and meaning of said repealing
act so far as it related to the North
eastern Railroad, and which resolu
tion did s|*erial exempt said Nort!
eastern R tilroad from the j revisions
of said act repealing State aid
being tile spirit of the legislature to
only estop those roads where the
iglit to State aid had not vested and
it being equally its iutention to pro
tect those where the right had vest:
and being satisfied from the facts
presen .ed that unquestionably tli
right had vested in the Northeastern
Railroad, that body certainly had
right to declare by resolution
otherwise the intent, and meaning of
its own acts, exempting from tlie
provisions of its own enactments such
roads as it was satisfied were •- ntitlcd
to the aid cr endorsement of the Slate,
by virtue oUffr.legal obligations, her
solemn promise,^hcr plighted faith.
In tins connection, in order to make
the ease still stronger, it is prop r to
say, that notwithstanding a clerical
irregularity cau ed the dates of the
repealing act and the exempting reso
lution to differ gotnc what, yet the
recollection of nota few of the mem
bers of the General Assembly at that
time, clearly establishes the fact that
the resolution was passed Wimediatc-
ly after the passage of’ the hil), at
least within a few hours thereafter
and on the very same day. What
again strengthens the claim of
this road under the action of the
General Assembly, is tho fact that
both the bill and the resolution re
ceived executive approva within a
few days of each other. Subsequent
to this action of the legislature of
Get many earnestly wishes for Ros
si ii »tn«Mt ami will go a certain
distance^* help assure it.
Railroad. j applied to the Governor lor a com
mission to examine and report upon
the road as contemplated by the act
<u 1870, that the company might file
their application for the endorsement
of the State npon its bonds. The
rejpdrt of the commission was all that
the road could iraYe asked for, report
ing a compliance on the part of the
company even more fully than cpn-
templated or required by the law.
In the meanwhile, Gov. Smith,, for
some reason, reversed his decision hi
regard to placing the endorsement of
the State upon the bonds, ^nd calling
upon his Attorney-General for an
opinion in the case, was furnished
with a most elaborate legal argument,
its great length evolving sufficient
technical defects in the strictest con
structin'!! of the law (which technical
defects even the Supreme Court, sub
sequently, refused to consider,) to
meet tlie plainer construction^ the
true spirit of the law, and umler
which this road is unquestionably and
moat justly entitled to the State's eu
dorsement. The claim of the road
being thus, embarrassed . and -Gov..
Smith being now restrained by the
legal opinion of his Attorney-General,
the case was transferred t$ Gov.
Colquitt as a part of the unfinished
business of the previous administra
tion.
Gov Colquitt being both embar
rassed and restrained by the course
of his predecessor and the opiuion of
Attorney General Hammond, very
naturally and very properly desired
some authority for his guidance and
decision in this case now so peculiarly
and so unfortunately complicated
The case was brought before the
legislature, but too near the close of
the session to obtain legislative action
or expression. The only alternative
now left, was to briug the case before
the Supreme Court, under Section
II of the net repealing {state aid,
and approved February 25th, 1874,
which says, “That, should, any of
said companies claim tiial they have
a vested right to such aid, and apply
for the same to tlie Governor, any
citizen of the Slate may interpose by
bill to restrain the company, and the
question of whether said vested right
exists, shall be for the court to de
cide.”
Under this provision the rase
was recently brought befijye the Su
preine Court, which, after hearing
most able arguments in substantiation
a: id proof of the right of the road to
the endorsement asked lor, simply
decided that tiiis section of the bill
of 1874 was unconstitutional for the
following rearons: First, The State
could not be sued o- he brought into
court to answer claims brought
against her. Second, tlie right of
citizens to petition ttaq Government
could not be impaired. Third, that
the bill contemplated two subject’s
matter, one of wiiieh was not set
forth in its title or caption, there
fore, there was no case before the
court.
This decision of the Supreme Court
was to reverse the decision of the
court below in granting tie hjiinc
tion, and while declining to give an
opinion as to the right of the road to
the endorsement of -its bonds, yet
held that the wholo question rested
with the Governor as the only au
thority empowered to decide the
case. May imt the fact, , that this
decision of tho Supreme Court was
rendered neither npon the merits'of
the case nor tho questions made in
Northeastern Railroad and granting
the credit of the State upon its bonds
nneffected by the repealing act of
Feb.'25th, 1874. For the constitu
tion distinctly says in Act III—Sec.
IV. Par. V, “ Nor shall any law or
ordinance pass, which refers to more
than one subject matter, or contains
matter different lvom what is ex
pressed in the title thereof.”
\\^e have given above somewhat-in
detail the history ofthc case involving
ifie question of the State’s endorse
ment of tlie bonds of tbe Northastern
Railroad, that those interested, learn
ing the facts, may appreciate its true
status. It will be seen that, the
complications in the cose brought
about by reason of tho action of Gov.
Smith, the legal opinion of his Attor
ney-General, and the refusal of the
Supreme Court to decide the question
as<to the roads right to the endcrae-
ment ofthe Stale, must necessarily
greatly embarrass Gov. Colquitt as
the filial . arbiter of this question.
The course which has been given to
this case, has necessarily- and una
voidably- brought -out»all, even, the
very « slightest defifts in the law
touching this question, which the
strictest legal or minutest technical
construction could possibly discover,
while the true spirit, tho real intent
and meaning of the law or the right
and justice of the claim of this road
has not in a single itf9tance orTor
one moment been questioned Upon
this point all around must necessarily
be agreed.
However much wo might be
What Snail be Done with the
Convicts r
The gravest question that has been
or will be for the consideration of the
people of Georgia is what- shall be
done with the convicts of onr 8tsle ?
Certainly the present system.of dis
posing of them does not.meet with
general approval on the part of .our
people, and is indeed a libel upon our
civilization. i ►
The clause in the new Constitution
against nsing the credit of the State
does not prevent tlie State from using
tho convict labor on works of public
improvement. These convicts are
growing-to-he very numerous. .They
oaunot be better Used than to build
roads, railroads, turnpikes, etc., for tlte
development of the different sections
of Georgia. For instance, what im
mense value to the whole State would
be the employment of these convicts
in the development of all North Geor
gia. By thus employing the convict
labor, in a few- years, the country
between Atlanta and the northern
boundary , of the State could be made
one of tho most prosperous and de
lightful on the globe. . Good trans
portation facilities for this section of
country is now the greatest work
before us of; North Georgia, and
should enlist a lively interest on the
part of all the people who feel con
cefned'Tof thC'gerteftd~growlh and
prosperity of our Commonwealth,
especially those of the cities whose
markets would be so advantaged by
the opening up and developing of
opposed to State aid; however great j this section of the State so aboiind-
mny be the opposition to it as a pub- ing in resources of material wealth,
lie or State policy, on the part of our The convict labor can do this work
whole people ; notwithstanding the
new constitution strictly, inhibits it
for the future, yet there'is. involved
in this question a principle of riglit
and justice which the State owes to
its citizens and which should and
must rightfully overcome our prejus
dices. Not only is this a question of
right and justice to a corporation and
to individual citizens by reason of a
solemn contract on the part of the
Stale, but to a whole section of conn
1874, the Northeastern Railroad the record, but upon questions or
Company negotiated a trade with
the Schofield Rolling Mill Company
of Atlanta for the iron to lay the
thirty-nine miles of their track, which
trade was consummated by reason of
a letter which the Directois of the
Company had received from G v.
Smith, informing them that when
the law granting State aid had been
complied with on the part of their road,
that under the action of t. e legisla
ture, he would have no latitude
whatever in thf case, and would have
to gram the State’s endorsement upon
the bonds of their road however
much lie might be opposed to the
policy of State aid. The thirty -nine
miles of the road being now completed
ami lully eqniped with rolling stock,
issues raised by the court itself, be
held as a circnmstabce favorable to
the road? For if the claim of the
road to tlie State’s endorsement had
apperaed to tlie court as wholly ille
gal and altogether unauthorized by tho
law, would it have refered the ques
tion back to the Governor? On the
contrary, is it not fair and just to
assume, that had such bceu tbe case,
the court would have so decided, and
by uo means left it an open quostion
to be passed upon by tlie Governor
or any other tribunal. It is well to
add in this connection, that tho dc
cision of the Supreme Court, declar
ing one sectiop of the act repealing
Statu aid unconstitutional, docs
effect so declare the whole act, leav
the company, during the year 1876, ing the act of 1870 chartering the
and not cost the State a cent. The
people of this country will feed and
clothu the labor, atid this is all the
State ought to require.
Again, this is unquestionably the
proper disposition to make of the
State convicts, and such as will meet
the general approval of the whole
people, prove a humane, healthful,
profitable, and certainly a more ac
ceptable manner of disposing of this
unfortunati* class than tlie present
We cannot claim to be cer-
,ry which has for so long a time been j system
paying tribute to government that I tain on t * , ’ s print, but arc decidedly
thereby every other section of the inclined to believe that the new Con
stitution does not interrupt the pres
thereby every
commonwealth might be developed
and made to grow prosperous and
opulent, while it has languished, and
continues a struggling existence over
its hidden and undeveloped resour
ces.
Appreciating as we do the embar
rassments whioli surround the Gov
ernor, in being called uj*on to decide
this question, which responsibility,
we consider, the .Supreme Court so
unfairly and so unjustly shifted upon
hint, and that too at a tune when
public sentiment is’ so opposed to
Srate aid or government appropria
tion''to public improvements, yet hav
ing an abiding ait a in that high sense
of justice, that true love of right, and
that noble ambition o> duty, honestly,
faithfully and fearlessly pertomied,
which we recognize as the highest, the
purest and the truest .characteristics
in Jiim as Chief Executive, we believe
that lie will secure to this road and
to this p • lo what, a I must admit
they are justly and rightfully entitled
to. And in so doing it matters
not what contentious opponents
or faultfinding enemies may say, a
true, honest, just, intelligent aud jus
tice loving people, over whom .he has
been called to preside, will everywhere
accord him right, and will beyond
doubt sustain him in his honest, faith
ful and conscientious discharge of
duty.
er.t arrangement with the Marietta
and North Georgia Railroad in re
gard to it% employment of the con
vict labor agreed upon by the act ot
the last General Assembly, and
greatly' trust that the progress of
this road so needed in North Georgia
and which will prove so valuable to
onr whole Srate, will not be disturbed.
Wc shall have much more to say
upon this all-important question in
the fut ire issues of the Georgian.
William Hope Hull.
The sad
Northeastern Railroad.
In our article of the 13lh inst. upon
the Northeastern Railro: d we stated
that thirty-nine miles of this road
had been completed. We should
have said forty miles, as the road is
graded and ironed one milebeyond
Luia, the junction of this road with
the Air Line Railroad. We might
further add that four miles additional
of this road are graded between
Clarksville and tlie present termiuus
The Republicans have carried Maine
by considerable majority, as a matt i
of course.
intelligence was received
yesterday of the sudden death, in New
York, of Hon William Hope Hull,
of this city. Mr. Hull caine of an
old and honored family. His grand
father, Hope Hu.l, son of an English
man of that uame, was born in Wor
cester county, Maryland, March 13.
1663. He moved to Georgia, and es
tablished a high school in Washington.
Wilkes county, in the latter part ot
the last ceaturv. He was one of the
founders of Methodism in this State.
His biographer, Hon. A. H. Stephens,
says: .** He was a man of great use
fulness aud distinction in h s day, and
made an impression upon the times in
Georgia that will remain for genera
tions to emue.’* His father, Asbury
Hull, was born in Washington, Janu
ary 30,1787. He graduated at the
State University in 1814, and was for
more than forty years Secretary and
Treasurer qf toe Board of Trustees of
that institution. He was of ten a mem
her of the Legislature, and repeatedly
Speaker of the House. He was also a
member of the Secession Convention of
1861, and declined the Presidency ot
that bod.. He died in Athens, Janu
ary 25th, 1866. William Hope Hull
was born in Athens, February 20,
1820. He entered the Universitj a nd
graduated in 1338. After his gradua
tion he studied law, and early won dis
tinction iu- his profession.
siblc position in such a way as to
greatly add to the reputation which
he had already Required. He soon I e-
came known as onemf the ablest law- *♦
yers at the bar of bis State, and se
cured a large and lucrative practice.
In politics he-was a Democrat and a
warm supporter and intimate personal
friend . of Howell Cobb. When
James Buchanan .was inaugurated
President in 1857, ho called Mr. Cobb
to his Cabinet -an Secretary of the
Treasury, and Mr Hull was appointed
Assistant Attorney-General of the
United 8tates. When secession was
determined upon, he returned to
Georgia and cast his fortunes with ,
the South. Since the war, he has
resided in Augusta, and practiced his
profession—confining himself to the
civil side of the courts. For several
years, and up to the time of his death,
he was the at torney of the Georgia
Railroad, one of the largest eor{*ora-
tions in the State.
As a lawyer, Mr. Hull’s character-
istics were learning, clearness and
force. He made no pretention to elo
quence.. though . at tim-s he was
decidedly eloquent; but his eloquence
was a result, not an aim and a study
—the result of perfect perspicuity of
ideas and the use of simple and
appropriate language to convey Iheuu
With a decided taste for books ar-d
without either the cares or the diver
sions of domestic -life*-he devoted an -
unusual proportion of his time to
study. Time bestowed by such a
mind could but lead to the acquisition
of very extensive learning; and it in
turn was firmly held by a.remarkably
retentive memory. He was not at
all a “ case lawyer,” but tar alrnvc-
that inferior order of his profession.
His opinions of questions were de
termined by ttyc sound application of
general principles and the accurate
and minute knowledge of the excep
tions, which vary their operation.
When he had investigated a ques
tion his judgment was nearly invari
ably correct. When he considered
it correct his' presentation of it was
animated, but temperate, confident
but deferential, clear, forcible-, con
vincing. When he had not satisfied
his own senso of rnth it was not easy
for hi ;; to insist even on those views
favorable to that side, which, upon
tho whole, he considered unsound.
He was wholly devoid of that effron
tery in presenting' a bad case as a
good one which some lawyers are
found shameless enough to boast of,
ind some laymen stupid enough to
applaud. Mr. Huil considered that
t:.e argument ofpurely legal questions
was his torte; and in this opinion he
was correct. But lie was not correct
in the distrust he fell of his powers
before a jury. Before good juries,
looking for their guidance to the
plain, simple, clear presentation of
facts and principles, no advocate was,
or deserved to be, more successful;
hut in pleasing contrasts with the van
ity of some of his shallower brethren
he had an unwarra: led but uncon
querable diffidence of his powers iu
this branch ot his profession.
Mr. H’dl possessed in a high de
gree all the qualities that go to make
up a man. His private life was
vri bout spot or blemish. Though
tlie possessor of great talents ami a
great reputation, he was siugularly
modest and unassuming. He euter-
taiued derided convictions which he
never hesitated to express, but he
had no spark of partisanship. He was
myal in his friendships, placable in
his enmities, and, he had a warm
heart and a generous nature. His
death will be deplored by a circle of
friends as wide almost as his aoqnain-
tanceship, and will be regarded as •
public calamity. His friends, his
relatives and his State, have indeed
sustained an irreparable loss—Chron
icle eft Constitutionalist.
A correspondent writing from
Wilkes county to the Atlanta Consti
tution favoring Atlanta ns the future
Capital of Georgia, quotes from
1st vol. Johnson’s Encyclopedia, page
316, an article by Hon. A. H.
Stephens, to prove this city the
proper place for the seat of Govern**
He was elected Solicitor Gen rat of T ut \ Aft*
, ... • , ‘rend Oglesby, the agent lor tms
lie \\ o-t'-rn Judi.ial Circuit, :md p () .u ar aud valuable work, a most
d>-charged the duties of that.respou. literal subscription.