Below is the OCR text representation for this newspapers page.

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.